Part 17.
TEXAS STATE BOARD OF PLUMBING EXAMINERS
Chapter 361.
ADMINISTRATION
Subchapter A. GENERAL PROVISIONS
22 TAC §361.1
The Texas State Board of Plumbing Examiners proposes amendments
to §361.1. This section specifies the meanings of words and terms used
in the Plumbing License Law and Board Rules. The proposed amendments to §361.1
are for the purpose of clarity and in no way will effect change in the method
that the Board currently conducts business, carries out or enforces the Plumbing
License Law and Board Rules.
None of the proposed amendments to §361.1 will change the current
requirements of the Board Rules.
Section 361.1(26), proposes a definition of "Plumbing Inspection" as described
in and required by §15(a) of the Act.
Section 361.1(27) adds language to the existing definition of "Plumbing
Inspector" that clarifies that only a Licensed Plumbing Inspector is authorized
to perform a plumbing inspection as defined in §361.1(26).
Section 361.1(28) adds language to the existing definition of "Pocket Card"
that clarifies that it is a card issued by the Board which certifies that
the holder has a Master Plumber License, Journeyman Plumber License, or Plumbing
Inspector License.
Doretta A. Conrad, Administrator of the Texas State Board of Plumbing Examiners,
has determined that for the first five-year period the rule is in effect there
will be no effect on local government as a result of enforcing the rule amendments
as proposed.
Ms. Conrad has determined that each year of the first five years the rule
is in effect the public benefit will be greater protection of public health
and safety through better clarity and understanding of the meanings of words
and terms used in the Plumbing License Law and Board Rules. There will be
no economic cost to the persons that will be required to comply with the rule.
Comments on the proposed rule change may be submitted within 30 days of
publication of this proposed rule in the
Texas Register
, to Doretta A. Conrad, Administrator, Texas State Board of Plumbing
Examiners, 929 East 41st Street, P.O. Box 4200, Austin, Texas, 78765-4200.
The amendments to §361.1 are proposed under and affect Texas
Revised Civil Statutes Annotated Article 6243-101 ("Act"), §2(5), §5(a), §14(a), §15(a)
(Vernon Supp. 2000) 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 14(a) prohibits any individual from serving
as a Plumbing Inspector unless the individual is a holder of a valid Plumbing
Inspector License, unless the person is otherwise exempted by the Act. Section
15(a) requires that all cities in this state shall provide for plumbing inspections.
No other statute, article, or code is affected by this proposed amendment.
§361.1.Definitions.
The following words and terms, when used in this part, have the following
meanings, unless the context clearly indicates otherwise:
(1)-(25)
(No change.)
(26)
Plumbing Inspection--Any of the
inspections required in §15(a) of the Act, including any check of pipes,
faucets, tanks, plumbing fixtures and appliances by and through which a supply
of water, gas or sewage is used or carried that is performed on behalf of
any city or municipality of more than five thousand (5,000) inhabitants to
ensure compliance with the municipality's adopted plumbing and gas codes and
ordinances regulating plumbing.
(27)
[
(28)
[
(29)
[
(30)
[
(31)
[
(32)
[
(33)
[
(34)
[
(35)
[
(36)
[
(37)
[
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on May 2, 2000.
TRD-200003092
Robert L. Maxwell
Chief Investigator/Field Services
Texas State Board of Plumbing Examiners
Earliest possible date of adoption: June 18, 2000
For further information, please call: (512) 458-2145
22 TAC §367.7
The Texas State Board of Plumbing Examiners proposes amendments
to §367.7. This section identifies certain violations of the Act and
Board Rules and sets forth certain penalties for the violations. The proposed
amendments to §367.7 deletes language that does not reflect the requirements
of the Act and clarifies that acting, serving, or representing oneself as
a Plumbing Inspector, or conducting plumbing inspections as defined in the
Act and Board Rules without holding a valid Plumbing Inspector License and
without being employed by, or an agent of a political subdivision is a violation
of the Act and Board Rules.
Doretta A. Conrad, Administrator of the Texas State Board of Plumbing Examiners,
has determined that for the first five-year period the rule is in effect there
will be no effect on local government as a result of the rule amendments as
proposed.
Ms. Conrad has determined that each year of the first five years the rule
is in effect the public benefit will be increased health and safety by clarifying
that only a qualified Licensed Plumbing Inspector may represent himself or
herself as such and perform the plumbing inspections required to ensure that
plumbing systems are installed in accordance with the required health and
safety laws and ordinances. There will be no economic cost to the persons
that will be required to comply with the rule.
Comments on the proposed rule change may be submitted within 30 days of
publication of this proposed rule amendment in the
Texas Register
, to Doretta A. Conrad, Administrator, Texas State Board
of Plumbing Examiners, 929 East 41st Street, P.O. Box 4200, Austin, Texas,
78765-4200.
The amendments to §367.7 are proposed under and affect Texas
Revised Civil Statutes Annotated Article 6243-101 ("Act"), §2 (5), §5(a), §9(e), §14(a), §15(a)
(Vernon Supp. 2000) 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 9(e) provides for penalties for persons that
violate the license requirements of the Act. Section 14(a) prohibits any individual
from serving as a Plumbing Inspector unless the individual is a holder of
a valid Plumbing Inspector License, unless the person is otherwise exempted
by the Act. Section 15(a) requires that all cities in this state shall provide
for plumbing inspections.
No other statute, article, or code is affected by this proposed rule change.
§367.7.Violations of Standards and Practices.
(a)
(No change.)
(b)
A person commits a Class C misdemeanor by [
(1)-(4)
(No change.)
(5)
Acting, serving, or representing
oneself as a Plumbing Inspector, or conducting plumbing inspections as defined
in the Act and Board Rules without holding a valid Plumbing Inspector License
and without being employed by, or an agent of a political subdivision.
(c)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on May 2, 2000.
TRD-200003093
Robert L. Maxwell
Chief Investigator/Field Services
Texas State Board of Plumbing Examiners
Earliest possible date of adoption: June 18, 2000
For further information, please call: (512) 458-2145
Chapter 535.
PROVISIONS OF THE REAL ESTATE LICENSE ACT
Subchapter E. REQUIREMENTS FOR LICENSURE
22 TAC §535.51
The Texas Real Estate Commission (TREC) proposes an amendment
to §535.51, concerning general requirements for licensure. The amendment
would require a person to obtain an evaluation from TREC of the education
completed by the person prior to filing an application for a real estate broker
or real estate salesperson license. The amendment also would adopt by reference
two application forms which would be revised to reflect the change in filing
procedures.
Under the current section, an applicant may submit course completion documents
or a transcript along with an application for a license. An evaluation of
the education is performed to determine if the application may be accepted.
Applicants for an original license pay a statutory fee of $15 for the evaluation
as part of the filing fees for the application. If the person has not completed
the courses required for a license, the application and filing fees are returned
to the applicant. The amendment would require the person to obtain an evaluation
from the commission prior to filing the license application. This action would
reduce the number of applications which cannot be accepted for processing
and thereby streamline the overall processing of applications. Because it
is necessary for TREC to examine the course completion documents or transcripts
to determine if the required courses have been taken, the amendment also would
require a person filing an application electronically on the TREC Internet
web site to first obtain an education evaluation before filing the application.
Mark A. Moseley, general counsel, has determined that for the first five-year
period the sections are in effect there will be no fiscal implications for
the state or for units of local government as a result of enforcing or administering
the section. There is no anticipated impact on small businesses, micro businesses
or local or state employment as a result of implementing the section.
Mr. Moseley also has determined that for each year of the first five years
the section as proposed is in effect the public benefit anticipated as a result
of enforcing the section will be a streamlined application filing process.
There is no anticipated economic cost to persons who are required to comply
with the proposed section.
Comments on the proposal may be submitted to Mark A. Moseley, General Counsel,
Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.
The amendment is proposed 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.
The statute which is affected by this proposal is Texas Civil Statutes,
Article 6573a.
§535.51.General Requirements.
(a)
A person who wishes to be licensed by the commission must
file an application for the license on the form adopted by the commission
for that purpose.
Prior to filing the application, the applicant must
pay the required fee for evaluation of the education completed by the person
and must obtain a written response from the commission showing the applicant
meets current education requirements for the license.
(b)
If the commission develops a system whereby
a person may electronically file an application for a license, a person who
has previously satisfied applicable education requirements and obtained an
evaluation from the commission also may apply for a license by accessing the
commission's Internet web site, entering the required information on the application
form and paying the appropriate fee in accordance with the instructions provided
at the site by the commission.
(c)
[
(1)
The applicant is not 18 years of age.
(2)
The applicant does not meet any applicable residency
requirement.
(3)
An incorrect filing fee or no filing fee is received.
(4)
The application is submitted in pencil.
(5)
The applicant is not a citizen of the United States
or a lawfully admitted alien.
(6)
The applicant has not obtained an evaluation
from the commission showing the applicant meets education requirements or
[
(d)
[
(1)
the applicant fails to satisfy an examination requirement
within six months from the date the application is filed;
(2)
the applicant, having satisfied any examination requirement,
fails to submit a required fee within sixty (60) days after the commission
makes written request for payment;
(3)
the applicant, having satisfied any examination requirement,
fails to provide information or documentation within sixty (60) days after
the commission makes written request for correct or additional information
or documentation.
(e)
[
(1)
Application for a Real Estate Broker License, TREC Form
BL-6
[
(2)
Application for a Real Estate Broker License by a
Corporation, TREC Form BLC-3;
(3)
Application for Late Renewal of A Real Estate Broker
License, TREC Form BLR-5;
(4)
Application for Late Renewal of Real Estate Broker
License Privileges by a Corporation, TREC Form BLRC-3
(5)
Application for Real Estate Salesperson License, TREC
Form
SL-6
[
(6)
Application for Late Renewal of Real Estate Salesperson
License, TREC Form SLR-5;
(7)
Application for Moral Character Determination, TREC
Form MCD-2;
(8)
Application for Real Estate Broker License by a Limited
Liability Company, TREC Form BLLLC-2;
(9)
Application of Currently Licensed Real Estate Broker
for Salesperson License, TREC Form BSL-2; and
(10)
Application for Late Renewal of a Real Estate Broker
License by a Limited Liability Company, TREC Form BLRLLC-1.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on May 8, 2000.
TRD-200003208
Mark A. Moseley
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: June 18, 2000
For further information, please call: (512) 465-3900
Chapter 651.
FEES
(26)
] Plumbing Inspector--An
individual with no financial or advisory interests in any plumbing company
who:
is authorized by the Act and Board Rules to conduct plumbing inspections
and
is employed by or is an agent of a political subdivision to check
plumbing work for compliance with health and safety laws and ordinances; and
has successfully completed the examinations and met the Board's requirements
for Plumbing Inspector status.
(27)
] Pocket Card--A card
issued by the Board which certifies that the holder has a
Master Plumber
License, Journeyman Plumber License, or Plumbing Inspector License
[
plumbing license
].
(28)
] Registered Plumbing
Apprentice--An individual other than a master plumber or journeyman plumber
whose principal occupation is learning about and assisting in the installation
of plumbing. The work that may be performed by a Registered Plumbing Apprentice
is limited by the Act and these rules (See §365.2 and §367.3 of
this title relating to Apprentice Registration and Requirements for Plumbing
Companies).
(29)
] Regularly Employed--Steadily,
uniformly, or habitually working in an employer-employee relationship with
a view of earning a livelihood, as opposed to working casually or occasionally.
(30)
] Respondent--A person
charged in a complaint filed with the Board.
(31)
] Responsible Master Plumber--A
responsible master plumber is the master that allows his Master Plumber License
to be used by a company for the purpose of performing plumbing work and obtaining
the required plumbing permits. The master plumber by allowing his license
to be used in this manner, assumes responsibility for all plumbing work performed.
A Responsible Master Plumber may allow his master plumber license to be used
by only one plumbing company.
(32)
] Rule--An agency statement
of general applicability that implements, interprets, or prescribes law or
policy, or describes the procedure or practice requirements of the agency.
The term includes the amendment or repeal of a prior rule but does not include
statements concerning only the internal management or organization of the
agency and not affecting private rights or procedures.
(33)
] System--An interconnection
between one or more public or private end users of water, gas, sewer, or disposal
systems that could endanger public health if improperly installed.
(34)
] Water Supply Protection
Specialist--A Master or Journeyman Plumber who holds the Water Supply Protection
Specialist Endorsement issued by the Board.
(35)
] Water Treatment--A business
conducted under contract to analyze, then alter or purify influent or effluent
water by adding or removing a mineral, chemical, or bacterial content or substance.
The term includes the installation, exchange, servicing, or repair of fixed
or portable water treatment equipment or connections necessary to the installation
of such equipment in public or private water treatment systems.
(36)
] Water Treatment Certificate--A
document issued by the Texas Natural Resource Conservation Commission certifying
that the named person complies with department rules for engaging in water
treatment.
Chapter 367.
ENFORCEMENT
knowingly
and willfully
]:
Part 23.
TEXAS REAL ESTATE COMMISSION
(b)
] The commission shall return
applications to applicants or the sponsoring broker (in the case of an application
for an active salesperson license) when it has been determined that the application
fails to comply with one of the following requirements.
education or
] experience requirements have not been satisfied.
(c)
] An application is considered
void and is subject to no further evaluation or processing when one of the
following events occurs:
(d)
] The commission adopts by reference
the following forms approved by the commission which are published by and
available from the Texas Real Estate Commission, P.O. Box 12188, Austin, Texas
78711-2188:
BL-5
] ;
SL-5
];
Part 28.
EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND OCCUPATIONAL THERAPY EXAMINERS