TITLE 22.EXAMINING BOARDS

Part 21. TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS

Chapter 461. GENERAL RULINGS

22 TAC §461.9

The Texas State Board of Examiners of Psychologists adopts the amendment to Board Rule §461.9, concerning Subdoctoral Licensure, without changes to the proposed text as published in the November 26, 1999, issue of the Texas Register (24 TexReg 10492).

The rule is being amended to make a grammatical correction and to reflect the correct citation reference in accordance with the recodification of the Psychologists' Licensing Act in the Occupations Code.

The amendment will make the rules easier for the general public and licensees to follow and understand.

No comments were received regarding adoption of the amendment.

The amendment is adopted under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to promulgate rules consistent with the Statute.

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 February 22, 2000.

TRD-200001338

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Effective date: March 13, 2000

Proposal publication date: November 26, 1999

For further information, please call: (512) 305-7700


22 TAC §461.31

The Texas State Board of Examiners of Psychologists adopts the amendment to Board Rule §461.31, concerning Psychological Associate Advisory Committee (the PAAC), without changes to the proposed text as published in the November 26, 1999, issue of the Texas Register (24 TexReg 10493).

The rule is being amended to make a grammatical correction and to reflect the correct citation reference in accordance with the recodification of the Psychologists' Licensing Act in the Occupations Code.

The amendment will make the rules easier for the general public and licensees to follow and understand.

No comments were received regarding adoption of the amendment.

The amendment is adopted under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to promulgate rules consistent with the Statute.

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 February 22, 2000.

TRD-200001339

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Effective date: March 13, 2000

Proposal publication date: November 26, 1999

For further information, please call: (512) 305-7700


Chapter 463. APPLICATIONS AND EXAMINATIONS

22 TAC §§463.4, 463.6, 463.8, 463.10, 463.12, 463.29

The Texas State Board of Examiners of Psychologists adopts the amendments to §§463.4, 463.6, 463.8, 463.10, 463.12, and 463.29, concerning Applications and Examinations, without changes to the proposed text as published in the November 26, 1999, issue of the Texas Register (24 TexReg 10494).

The rules are being amended to make grammatical changes and to reflect the correct citation reference in accordance with the recodification of the Psychologists' Licensing Act in the Occupations Code.

The amended rules will make the rules easier for licensees and the general public to follow and understand.

No comments were received regarding adoption of the amendments.

The amendments are adopted under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to promulgate rules consistent with the Statute.

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 February 22, 2000.

TRD-200001340

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Effective date: March 13, 2000

Proposal publication date: November 26, 1999

For further information, please call: (512) 305-7700


Chapter 465. RULES OF PRACTICE

22 TAC §§465.3, 465.8, 465.11 - 465.13, 465.15, 465.16, 465.19, 465.22, 465.29, 465.30, 465.32, 465.36, 465.38

The Texas State Board of Examiners of Psychologists adopts the amendment to §§465.3, 465.8, 465.11 - 465.13, 465.15, 465.16, 465.19, 465.22, 465.29 - 465.30, 465.32, 465.36 - 465.38, concerning Rules of Practice, without changes to the proposed text as published in the November 26, 2000, issue of the Texas Register (24 TexReg 10495).

The rules are being amended to make grammatical changes, to correct rule references, and to reflect the correct citation reference in accordance with the recodification of the Psychologists' Licensing Act in the Occupations Code.

The amended rules will make the rules easier for licensees and the general public to follow and understand.

No comments were received regarding adoption of the amendments.

The amendments are adopted under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to promulgate rules consistent with the Statute.

Filed with the Office of the Secretary of State on February 22, 2000.

TRD-200001341

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Effective date: March 13, 2000

Proposal publication date: November 26, 1999

For further information, please call: (512) 305-7700


Chapter 471. RENEWALS

22 TAC §471.2

The Texas State Board of Examiners of Psychologists adopts the amendment to §471.2, concerning Renewal Forms, without changes to the proposed text published in the November 26, 1999, issue of the Texas Register (24 TexReg 10498).

The rule is being amended to reflect the correct citation reference in accordance with the recodification of the Psychologists' Licensing Act in the Occupations Code.

The amended rule will make the rules easier for licensees and the general public to follow and understand.

No comments were received regarding adoption of the amendment.

The amendment is adopted under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to promulgate rules consistent with the Statute.

Filed with the Office of the Secretary of State on February 22, 2000.

TRD-200001342

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Effective date: March 13, 2000

Proposal publication date: November 26, 1999

For further information, please call: (512) 305-7700


Part 22. TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY

Chapter 503. DEFINITIONS

22 TAC §503.2

The Texas State Board of Public Accountancy adopts the repeal of §503.2, concerning Gender and Number, without changes to the proposed text as published in the December 17, 1999, issue of the Texas Register (24 TexReg 11210).

The repeal allows the Board to dispose of a rule that is redundant to §501.2.

The repeal will function by allowing a redundant rule eliminated from the Board's rules.

No comments were received regarding adoption of the rule.

The repeal is adopted under the Public Accountancy Act, Texas Occupations Code, §901.151 (Vernon 1999) which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

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 February 18, 2000.

TRD-200001286

William Treacy

Executive Director

Texas State Board of Public Accountancy

Effective date: March 9, 2000

Proposal publication date: December 17, 1999

For further information, please call: (512) 305-7848


Chapter 513. REGISTRATION

The Texas State Board of Public Accountancy adopts the repeal of §§513.4, 513.6, 513.21, 513.27, 513.35, 513.45, 513.64, and 513.85 concerning Registration without changes to the proposed text as published in the November 12, 1999, issue of the Texas Register (24 TexReg 9942).

The repeals allow the rule to be re-written and re-organized.

The repeals will function by re-writing and re-organizing the rule.

No comments were received regarding adoption of the repeals.

Subchapter A. REGISTRATION OF CPAS OF OTHER STATES AND PERSONS HOLDING SIMILAR TITLES IN FOREIGN COUNTRIES

22 TAC §513.4, §513.6

The repeals are adopted under the Public Accountancy Act, Texas Occupations Code, §901.151 (Vernon 1999) which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

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 February 18, 2000.

TRD-200001287

William Treacy

Executive Director

Texas State Board of Public Accountancy

Effective date: March 9, 2000

Proposal publication date: November 12, 1999

For further information, please call: (512) 305-7848


Subchapter B. REGISTRATION OF PARTNERSHIPS

22 TAC §513.21, §513.27

The repeals are adopted under the Public Accountancy Act, Texas Occupations Code, §901.151 (Vernon 1999) which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

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 February 18, 2000.

TRD-200001288

William Treacy

Executive Director

Texas State Board of Public Accountancy

Effective date: March 9, 2000

Proposal publication date: November 12, 1999

For further information, please call: (512) 305-7848


22 TAC §513.35

The repeal is adopted under the Public Accountancy Act, Texas Occupations Code, §901.151 (Vernon 1999) which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

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 February 18, 2000.

TRD-200001289

William Treacy

Executive Director

Texas State Board of Public Accountancy

Effective date: March 9, 2000

Proposal publication date: November 12, 1999

For further information, please call: (512) 305-7848


Subchapter C. REGISTRATION OF CORPORATIONS

22 TAC §513.45

The repeal is adopted under the Public Accountancy Act, Texas Occupations Code, §901.151 (Vernon 1999) which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

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 February 18, 2000.

TRD-200001290

William Treacy

Executive Director

Texas State Board of Public Accountancy

Effective date: March 9, 2000

Proposal publication date: November 12, 1999

For further information, please call: (512) 305-7848


Subchapter D. REGISTRATION OF OFFICES

22 TAC §513.64

The repeal is adopted under the Public Accountancy Act, Texas Occupations Code, §901.151 (Vernon 1999) which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

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 February 18, 2000.

TRD-200001291

William Treacy

Executive Director

Texas State Board of Public Accountancy

Effective date: March 9, 2000

Proposal publication date: November 12, 1999

For further information, please call: (512) 305-7848


Subchapter E. REGISTRATION OF SOLE PROPRIETORSHIPS

22 TAC §513.85

The repeal is adopted under the Public Accountancy Act, Texas Occupations Code, §901.151 (Vernon 1999) which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

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 February 18, 2000.

TRD-200001292

William Treacy

Executive Director

Texas State Board of Public Accountancy

Effective date: March 9, 2000

Proposal publication date: November 12, 1999

For further information, please call: (512) 305-7848


Chapter 519. PRACTICE AND PROCEDURE

22 TAC §519.3

The Texas State Board of Public Accountancy adopts the amendment to §519.3 concerning Rulemaking Proceedings, without changes to the proposed text as published in the December 17, 1999, issue of the Texas Register (24 TexReg 11210).

The amendment allows the due date for comments for the proposed rules to be moved from ten to 20 days before the Board meeting that considers the rule.

The amendment will function by changing the due date for comments on proposed rules.

No comments were received regarding adoption of the rule.

The amendment is adopted under the Public Accountancy Act, Texas Occupations Code, §901.151 (Vernon 1999) which provides the agency with the authority to adopt rules deemed necessary or advisable to effectuate the Act.

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 February 18, 2000.

TRD-200001285

William Treacy

Executive Director

Texas State Board of Public Accountancy

Effective date: March 9, 2000

Proposal publication date: December 17, 1999

For further information, please call: (512) 305-7848


Part 24. TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS

Chapter 571. LICENSING

Subchapter A. EXAMINATIONS

22 TAC §571.19

The Texas Board of Veterinary Medical Examiners adopts the repeal of §571.19, concerning Temporary License, Texas Racing Commission without changes as published in the October 29, 1999, issue of the Texas Register (24 TexReg 9515).

The agency is adopting this repeal since the provisions of the rule have expired.

The repeal eliminates expired rules from the Texas Administrative Code.

No written comments were received concerning the adoption of this repeal.

The repeal is adopted under the authority of the Veterinary Licensing Act, Texas Occupations Code, §801.151 which states that the Board may adopt rules as necessary to administer this Chapter.

The repeal affects the Veterinary Licensing Act, Texas Occupations Code, §801.258 which authorizes the issuance of temporary licenses.

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 February 24, 2000.

TRD-200001397

Ron Allen

Executive Director

Texas Board of Veterinary Medical Examiners

Effective date: March 15, 2000

Proposal publication date: October 29, 1999

For further information, please call: (512) 305-7555


Chapter 577. GENERAL ADMINISTRATIVE DUTIES

Subchapter B. STAFF AND MISCELLANEOUS

22 TAC §577.17

The Texas Board of Veterinary Medical Examiners adopts by reference §577.17, concerning General Service Commission Bid Protest Procedures without changes to the proposed text published in the October 29, 1999, issue of the Texas Register (24 TexReg 9516).

The agency is adopting this new section in accordance with §2155.076 and §2155.132 of the Government Code.

This new rule adopts the General Service Commission's purchasing protest procedures.

The agency did not receive any written comments concerning the adoption of this section.

The new section is adopted under the authority of the Veterinary Licensing Act, Texas Occupations Code, §801.151 which states that the Board may adopt rules as necessary to administer this chapter.

The new section affects no other sections, statutes or codes.

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 February 24, 2000.

TRD-200001398

Ron Allen

Executive Director

Texas Board of Veterinary Medical Examiners

Effective date: March 15, 2000

Proposal publication date: October 29, 1999

For further information, please call: (512) 305-7555


Part 25. STRUCTURAL PEST CONTROL BOARD

Chapter 593. LICENSES

22 TAC §593.2

The Structural Pest Control Board adopts the amendment to 22 TAC §593.2 without changes to the proposed text as published in the December 31, 1999, issue of the Texas Register (24 TexReg 11880).

The justification for the amendment is the better understanding by the general public and the license holder. Enforcement and application of the rule will be easier with this amendment.

The amendment will function in that it clarifies state licensing requirements for out of state applicants.

There were no comments received regarding the amendment.

There were no groups or associations making comments for or against the amendment.

The amendment is adopted under Article 135b-6, which provides the Structural Pest Control Board with the authority to license and regulate the structural pest control industry.

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 February 23, 2000.

TRD-200001371

Benny M. Mathis, Jr.

Executive Director

Structural Pest Control Board

Effective date: September 1, 2000

Proposal publication date: December 31, 1999

For further information, please call: (512) 451-7200


22 TAC §593.3

The Structural Pest Control Board adopts the amendment to 22 TAC §593.3 without changes to the proposed text as published in the December 31, 1999, issue of the Texas Register (24 TexReg 11880).

The justification for the amendment is the better understanding of the rule by the general public and the license holder. Enforcement and application of the rule will be easier with this amendment.

The amendment will function in that it makes language gender neutral.

There were no comments received regarding the amendment.

There were no groups or associations making comments for or against the amendment.

The amendment is adopted under Article 135b-6, which provides the Structural Pest Control Board with the authority to license and regulate the structural pest control industry.

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 February 23, 2000.

TRD-200001372

Benny M. Mathis, Jr.

Executive Director

Structural Pest Control Board

Effective date: September 1, 2000

Proposal publication date: December 31, 1999

For further information, please call: (512) 451-7200


22 TAC §593.4

The Structural Pest Control Board adopts an amendment to §593.4 without changes to the proposed text as published in the December 31, 1999, issue of the Texas Register (24 TexReg 11881).

Justification for the amendment is the better understanding of the rule and better application and enforcement for the benefit of the public at large.

The amendment will function in that it designates the Texas Secretary of State as the entity that may receive service of process.

There were no comments received regarding the amendment.

There were no groups or associations making comments for or against the amendment.

The amendment is adopted under Article 135b-6, which provides the Structural Pest Control Board with the authority to license and regulate the structural pest control industry.

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 February 23, 2000.

TRD-200001373

Benny M. Mathis, Jr.

Executive Director

Structural Pest Control Board

Effective date: September 1, 2000

Proposal publication date: December 31, 1999

For further information, please call: (512) 451-7200


22 TAC §593.5

The Structural Pest Control Board adopts an amendment to §593.5 with changes to the proposed text as published in the December 31, 1999, issue of the Texas Register (24 TexReg 11881).

The justification for theamendment is the better understanding of the rule by the general public and the license holder. Enforcement and application of the rule will be easier with this amendment.

The amendment will function in that it clarifies categories of licensing and noncommercial licensing requirements.

There were no comments received regarding the amendment.

There were no groups or associations making comments for or against the amendment.

The amendment is adopted under Article 135b-6, which provides the Structural Pest Control Board with the authority to license and regulate the structural pest control industry.

§593.5.Examinations.

(a)

An individual who has previously qualified by written exam in a category shall receive a certified applicators license for the qualified category without reexamination upon renewal of a certified applicator license and meeting all requirements of the regulations. Each individual not previously qualified by written examination in the category or categories for which the license is requested must secure a certified applicator license by passing an exam administered by the Board.

(b)

In order to qualify to take the Board exam for obtaining a certified commercial applicator license, the applicant must have verifiable employment in the pest control industry under the supervision of a licensed certified commercial applicator for at least twelve (12) months out of the past twenty-four (24) months and must have possessed a technician license for at least six (6) months.

(1)

The proof of previous verifiable employment or experience in the industry or technical field experience of at least twelve (12) months out of the past twenty-four (24) months from a previous occupation shall be furnished by the applicant.

(2)

The following persons with less than twelve (12) months verified employment and who have not been licensed as a technician for six (6) months may apply to the Board for permission to take the test:

(A)

an applicant with a degree in the biological sciences from an accredited college or university;

(B)

an applicant with technical field experience from a previous occupation; and

(C)

an applicant who qualifies under the hardship clause outlined in these regulations.

(c)

The testing procedure will be as follows:

(1)

Examinations will be given at the discretion of the Board at least once each quarter based on the calendar year.

(2)

A fee shall be charged for each examination administered by the Board.

(3)

All examination fees are to be paid by the method determined by the Board and payment should be submitted with the completed application.

(4)

All examinations shall be maintained and administered by the Board. Complete examinations shall be retained by the director for a period of two years.

(5)

The applicant shall take an examination which shall be in written form and, in general, cover the subject of the services designated in the application, except those covered by endorsement of license.

(6)

A grade of 70% will be the minimum grade required for passing.

(7)

The applicant for the certified applicator examination must be able to read and write the English language.

(8)

An applicant who gives or receives unauthorized assistance during an examination shall be dismissed from the examination and results of that applicant's examination shall be voided.

(9)

Applicants who do not take a scheduled exam may not receive a refund of their exam fee unless they notify the Board in writing at least ten (10) business days in advance of the exam date. Exceptions may be granted if there is an emergency such as a death or serious illness in the family.

(10)

Persons who make a passing grade and qualify for a certified applicator license must obtain a license within twelve (12) months of the exam date or be retested.

(11)

Categories in which examinations are to be given for which licenses will be issued are as follows.

(A)

Termite and Wood Destroying Insect Control--This category includes persons engaged in the inspection and/or control of termites, beetles, or other wood destroying insects and wood preservation by means other than fumigation in buildings, including homes, warehouses, stores, docks, or any other structures.

(B)

Pest Control--This category includes persons engaged in the inspection and/or control of insect pests in and around structures or pest animals which may invade homes, restaurants, stores, and other buildings, attacking their contents or furnishings or being a general nuisance, but do not normally attack the building itself. Examples of such pests are, cockroaches, silverfish, ants, flies, mosquitoes, rats, mice, etc.

(C)

Lawn and ornamental--This category includes persons engaged in the inspection and/or control of pests and/or diseases of trees, shrubs, or other plantings in a park or in and around structures, business establishments, industrial parks, institutional buildings or streets.

(D)

Structural Fumigation--This category includes persons engaged in pest inspection and/or control through fumigation of structures not primarily intended to contain food, feed or grains.

(E)

Commodity Fumigation--This category includes persons engaged in pest inspection and/or control through fumigation of commodities and/or structures normally used to contain commodities.

(F)

Weed Control--This Category includes persons engaged in the inspection and/or control of weeds around homes and industrial environs.

(G)

Wood Preservation--This category includes persons engaged in that phase of pest control that involves the addition of preservatives to wood products to extend the life of the wood products by protecting them from damage caused by insects, fungi, and marine borers. Examples of wood products may include, crossties, poles, and posts. This category is intended only for use by those persons using wood preservatives that may be classified as Restricted Use.

(12)

Each applicant testing for a certified applicator license must pass the general standards exam administered by the Board to be eligible to be licensed in any of the categories in paragraph (11) of this subsection.

(d)

In order to qualify to take the Board exam for obtaining a Certified Noncommercial Applicators license as provided by subsection (c) of this section, the applicant must meet one of the following requirements:

(1)

be an applicant with a degree in the biological sciences from an accredited college or university;

(2)

be an applicant with a verifiable statement showing technical field experience and completion of a Board approved Certified Noncommercial Applicator training course within at least twelve (12) months out of the past twenty-four (24) months; or

(3)

be a licensed Noncommercial Technician for at least six (6) months and have been employed to perform pest control services under the supervision of a licensed Certified Noncommercial Applicator for at least twelve (12) months out of the last twenty-four (24) months.

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 February 23, 2000.

TRD-200001374

Benny M. Mathis, Jr.

Executive Director

Structural Pest Control Board

Effective date: September 1, 2000

Proposal publication date: December 31, 1999

For further information, please call: (512) 451-7200


22 TAC §593.9

The Structural Pest Control Board adopts an amendment to §593.9 without changes to the proposed text as published in the December 31, 1999, issue of the Texas Register (24 TexReg 11883).

The justification for the amendment is that the rule will provide additional protection to the general public.

The amendment will function in that it adds felony assault to the list of offenses for which the Board considers to be related to performance of licensed occupation.

There were no comments received regarding the amendment.

There were no groups or associations making comments for or against the amendment.

The amendment is adopted under Article 135b-6, which provides the Structural Pest Control Board with the authority to license and regulate the structural pest control industry.

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 February 23, 2000.

TRD-200001375

Benny M. Mathis, Jr.

Executive Director

Structural Pest Control Board

Effective date: September 1, 2000

Proposal publication date: December 31, 1999

For further information, please call: (512) 451-7200


22 TAC §593.10

The Structural Pest Control Board adopts amendments of 22 TAC §593.10, without changes to the proposed text as published in the December 31, 1999, issue of the Texas Register (24 TexReg 11884).

Justification for the rule will be more efficient monitoring and licensing of applicants who have student loan deficiencies.

The rule will function in that it specifies the Administrative Procedures Act of the Government Code as the governing body.

No comments were received.

There were no groups or associations making comments for or against the rule.

The amendment is adopted under Article 135b-6, which provides the Structural Pest Control Board with the authority to license and regulate the structural pest control industry.

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 February 23, 2000.

TRD-200001376

Benny M. Mathis, Jr.

Executive Director

Structural Pest Control Board

Effective date: September 1, 2000

Proposal publication date: December 31, 1999

For further information, please call: (512) 451-7200


22 TAC §593.13

The Structural Pest Control Board adopts the repeal of 22 TAC §593.13 without changes as published in the December 31, 1999, issue of the Texas Register (24 TexReg 11885).

The justification for the rule is the deletion of an outdated amendment.

There were no comments received.

There were no groups or associations making comments for or against the rule.

The repeal is adopted under Article 135b-6, which provides the Structural Pest Control Board with the authority to license and regulate the structural pest control industry.

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 February 23, 2000.

TRD-200001377

Benny M. Mathis, Jr.

Executive Director

Structural Pest Control Board

Effective date: September 1, 2000

Proposal publication date: December 31, 1999

For further information, please call: (512) 451-7200


22 TAC §593.21

The Structural Pest Control Board adopts amendments of 22 TAC §593.21, without changes to the proposed text published in the issue of the Texas Register (24 TexReg 11885).

The justification for the rule is that more initial training will create more knowledgeable apprentice and technician license holders. This additional knowledge will also serve the apprentice when license application is made for technician.

The rule will function in that it clarifies an apprentice is not a license holder, when services can be performed, the hours of training required, and the maintaining of company records.

There were no comments received.

There were no groups or associations making comments for or against the rule.

The amendment is adopted under Article 135b-6, which provides the Structural Pest Control Board with the authority to license and regulate the structural pest control industry.

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 February 23, 2000.

TRD-200001378

Benny M. Mathis, Jr.

Executive Director

Structural Pest Control Board

Effective date: September 1, 2000

Proposal publication date: December 31, 1999

For further information, please call: (512) 451-7200


22 TAC §593.23

The Structural Pest Control Board adopts amendments of 22 TAC §593.23, without changes to the proposed text published in the Texas Register (24 TexReg 11887).

The justification for the rule is the better understanding by the licensee/provider, and better application and enforcement of the rule for the benefit of the general public.

The rule will function in that it clarifies the requirements for CEU's through self-study and electronic means, granting of hardships, maintaining of records and penalties for the falsification of records.

There were no comments received.

There were no groups or associations making comments for or against the rule.

The amendment is adopted under Article 135b-6, which provides the Structural Pest Control Board with the authority to license and regulate the structural pest control industry.

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 February 23, 2000.

TRD-200001379

Benny M. Mathis, Jr.

Executive Director

Structural Pest Control Board

Effective date: June 1, 2000

Proposal publication date: December 31, 1999

For further information, please call: (512) 451-7200


22 TAC §593.24

The Structural Pest Control Board adopts amendments of 22 TAC §593.24, without changes to the proposed text published in the Texas Register (24 TexReg 11888).

The justification for the rule is that ensuring higher quality of education courses leading to a better educated license holder.

The rule will function in that it specifies criteria for course evaluation, defines course, requires detailed course outline indicating scope of course and objectives, and that course time cannot be used for product promotions.

There were no comments received.

There were no groups or associations making comments for or against the rule.

The amendment is adopted under Article 135b-6, which provides the Structural Pest Control Board with the authority to license and regulate the structural pest control industry.

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 February 23, 2000.

TRD-200001380

Benny M. Mathis, Jr.

Executive Director

Structural Pest Control Board

Effective date: June 1, 2000

Proposal publication date: December 31, 1999

For further information, please call: (512) 451-7200


Chapter 597. UNLAWFUL ACTS AND GROUNDS FOR REVOCATION

22 TAC §597.1

The Structural Pest Control Board adopts the amendment to 22 TAC §597.1, without changes to the proposed text as published in the December 31, 1999, issue of the Texas Register (24 TexReg 11891).

The justification for the rule is that additional violations being added will provide additional protections to the general public.

The rule will function in that it adds court ordered and agreed penalties to existing violations and clarifies the maintaining of insurance requirements and that failure to meet minimum continuing education as well as technician training requirements is a violation.

There were no comments received.

There were no groups or associations making comments for or against the rule.

The amendment is adopted under Article 135b-6, which provides the Structural Pest Control Board with the authority to license and regulate the structural pest control industry.

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 February 23, 2000.

TRD-200001381

Benny M. Mathis, Jr.

Executive Director

Structural Pest Control Board

Effective date: June 1, 2000

Proposal publication date: December 31, 1999

For further information, please call: (512) 451-7200


22 TAC §597.2

The Structural Pest Control Board adopts the amendment to 22 TAC §597.2, without changes to the proposed text as published in the December 31, 1999, issue of the Texas Register (24 TexReg 11892).

The justification for the rule is the addition of an enforcement action which will lead to better enforcement and additional protection to the general public.

The rule will function in that it clarifies rule with the addition of revocation as an added enforcement action.

There were no comments received.

There were no groups or associations making comments for or against the rule.

The amendment is adopted under Article 135b-6, which provides the Structural Pest Control Board with the authority to license and regulate the structural pest control industry.

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 February 23, 2000.

TRD-200001382

Benny M. Mathis, Jr.,

Executive Director

Structural Pest Control Board

Effective date: June 1, 2000

Proposal publication date: December 31, 1999

For further information, please call: (512) 451-7200