Part 12.
BOARD OF VOCATIONAL NURSE EXAMINERS
Chapter 235.
LICENSING
Subchapter D. ISSUANCE OF LICENSES
22 TAC §235.46
The Board of Vocational Nurse Examiners proposes amendment
of §235.46 relating to Notification of Name or Address. The amendment
will address required documents for a name change. The amendment also has
new language relating to address changes to comply with compact rules.
Mary M. Strange, Executive Director, has determined that for the first
five year period the rule is in effect, there will be no fiscal implication
for state or local government as a result of enforcing the rule.
Mrs. Strange has also determined that for each year of the first five years
the rules are in effect the public benefit anticipated as a result of enforcing
the rules will be consistency in the rules. There will be no effect on small
business. There is no anticipated economic costs to persons who are required
to comply with the rules as proposed.
Comments may be submitted to Mary M. Strange, Executive Director, Board
of Vocational Nurse Examiners, 333 Guadalupe, Suite 3-400, Austin, Texas 78701.
The amendment is proposed under Chapter 302, Texas Occupations
Code, Subchapter D, Section 302.151 (b), 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.
No other statute, article, or code will be affected by this proposal.
§235.46.Notification of Change of Name or Address.
A sworn affidavit, marriage license,
marriage registration,
divorce
decree, [
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 March 21, 2001.
TRD-200101627
Mary M. Strange, RN, MSN
Executive Director
Board of Vocational Nurse Examiners
Earliest possible date of adoption: May 6, 2001
For further information, please call: (512) 305-7653
Subchapter D. INFORMAL DISPOSITIONS
22 TAC §239.51
The Board of Vocational Nurse Examiners proposes amendment
of §239.51 relating to Agreed Orders. The amendment of this rule will
allow the business of the Board to continue, especially the Informal Hearings,
in the temporary absence of an Executive Director.
Mary M. Strange, Executive Director, has determined that for the first
five year period the rule is in effect, there will be no fiscal implication
for state or local government as a result of enforcing the rule.
Mrs. Strange has also determined that for each year of the first five years
the rules are in effect the public benefit anticipated as a result of enforcing
the rules will be consistency in the rules. There will be no effect on small
business. There is no anticipated economic costs to persons who are required
to comply with the rules as proposed.
Comments may be submitted to Mary M. Strange, Executive Director, Board
of Vocational Nurse Examiners, 333 Guadalupe, Suite 3-400, Austin, Texas 78701.
The amendment is proposed under Chapter 302, Texas Occupations
Code, Subchapter D, Section 302.151 (b), 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.
No other statute, article, or code will be affected by this proposal.
§239.51.Agreed Orders.
The Executive Director
or designee
, may negotiate a proposed
Agreed Order with any person subject to the jurisdiction of the Board, the
terms of which shall be approved by the Executive Director
or designee
, prior to presentation of the proposed Agreed Order to the Board for
its consideration.
The Executive Director and/or the Board shall appoint
the designee.
A proposed Agreed Order shall have no effect until such
time as the Board may, at a regularly scheduled meeting, take actin approving
the proposed Agreed Order. Should the Board fail to approve a proposed Agreed
order as presented, it may thereafter consider the complaint at a contested
case hearing, upon notice to the respondent/applicant named in the complaint.
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 March 21, 2001.
TRD-200101626
Mary M. Strange, RN, MSN
Executive Director
Board of Vocational Nurse Examiners
Earliest possible date of adoption: May 6, 2001
For further information, please call: (512) 305-7653
Chapter 501.
RULES OF PROFESSIONAL CONDUCT
Subchapter B. PROFESSIONAL STANDARDS
22 TAC §501.62
The Texas State Board of Public Accountancy (Board) proposes
an amendment to §501.62 concerning Other Professional Standards.
The amendment to § 501.62 will add standards for tax services to
the Board's list of professional standards it expects licensees to satisfy.
William Treacy, Executive Director of the Board, has determined that for
the first five-year period the proposed amendment will be in effect:
A. the additional estimated cost to the state expected as a result of
enforcing or administering the amendment will be zero because the Board's
licensees should have been meeting this standard.
B. the estimated reduction in costs to the state and to local governments
as a result of enforcing or administering the amendment will be zero because
the Board's licensees should have been meeting this standard.
C. the estimated loss or increase in revenue to the state as a result
of enforcing or administering the rule will be zero because the Board's licensees
should have been meeting this standard.
Mr. Treacy has determined that for the first five-year period the amendment
is in effect the public benefits expected as a result of adoption of the proposed
amendment will be that all consumers and licensees will know that there are
professional standards in the tax area that licensees should be satisfying.
The probable economic cost to persons required to comply with the amendment
will be zero because the Board's licensees should have been meeting this standard.
Mr. Treacy has determined that a Local Employment Impact Statement is
not required because the proposed amendment will not affect a local economy.
The Board requests comments on the substance and effect of the proposed
amendment from any interested person. Comments must be received at the Board
no later than noon on Monday April 23, 2001. Comments should be addressed
to Amanda G. Birrell, General Counsel, Texas State Board of Public Accountancy,
333 Guadalupe, Tower III, Suite 900, Austin, Texas 78701 or faxed to her attention
at (512) 305-7854.
Mr. Treacy has determined that the proposed amendment will not have an
adverse economic effect on small businesses because the Board's licensees
should have been meeting this standard.
The Board specifically invites comments from the public on the issues
of whether or not the proposed amendment will have an adverse economic effect
on small business; if the amendment is believed to have such an effect, then
how may the Board legally and feasibly reduce that effect considering the
purpose of the statute under which the amendment is to be adopted; and if
the amendment is believed to have such an effect, how the cost of compliance
for a small business compares with the cost of compliance for the largest
business affected by the amendment under any of the following standards: (a)
cost per employee; (b) cost for each hour of labor; or (c) cost for each $100
of sales. See Texas Government Code, §2006.002(c).
The amendment is proposed under the Public Accountancy Act,
Tex. Occupations Code, Section 901.151 (Vernon 1999) which authorizes the
Board to adopt rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by this proposed amendment.
§501.62.Other Professional Standards.
A certificate or registration holder in the performance of consulting
services, accounting and review services, [
(1)
Statements on Standards on Consulting Services (SSCS) issued
by the American Institute of Certified Public Accountants;
(2)
Statements on Standards for Accounting and Review Services
(SSARS) issued by the American Institute of Certified Public Accountants;
(3)
Statements on Standards for Attestation Engagements (SSAE)
issued by the American Institute of Certified Public Accountants; [
(4)
Statements on Standards for
Tax Services issued by the American Institute of Certified Public Accountants;
or
(5)
[
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 March 26, 2001.
TRD-200101764
William Treacy
Executive Director
Texas State Board of Public Accountancy
Earliest possible date of adoption: May 6, 2001
For further information, please call: (512) 305-7848
Subchapter B. CONTINUING PROFESSIONAL EDUCATION STANDARDS
22 TAC §523.32
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas State Board of Public Accountancy or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas State Board of Public Accountancy (Board)
proposes the repeal of §523.32 concerning Ethics Course.
The proposed repeal of §523.32 will remove a rule that needs to be
rewritten from the beginning.
William Treacy, Executive Director of the Board, has determined that for
the first five-year period the proposed repeal will be in effect:
A. the additional estimated cost to the state expected as a result of enforcing
or administering the repeal will be zero because the repeal does not require
anyone to do or not do anything.
B. the estimated reductions in costs to the state and to local governments
as a result of enforcing or administering the repeal will be zero because
the repeal does not require anyone to do or not do anything.
C. the estimated loss or increase in revenue to the state as a result of
enforcing or administering the repeal will be zero because the repeal does
not require anyone to do or not do anything.
Mr. Treacy has determined that for the first five-year period the repeal
is in effect the public benefits expected as a result of adoption of the proposed
repeal will be that an old rule that needs to be rewritten will be removed
from the Board's rules.
The probable economic cost to persons required to comply with the repeal
will be zero because the repeal does not require anyone to do or not do anything.
Mr. Treacy has determined that a Local Employment Impact Statement is not
required because the proposed repeal will not affect a local economy.
Mr. Treacy has determined that the proposed repeal will not have an adverse
economic effect on small businesses because the repeal does not require anyone
to do or not do anything.
The Board requests comments on the substance and effect of the proposed
repeal from any interested person. Comments must be received at the Board
no later than noon on Monday April 23, 2001. Comments should be addressed
to Amanda G. Birrell, General Counsel, Texas State Board of Public Accountancy,
333 Guadalupe, Tower III, Suite 900, Austin, Texas 78701 or faxed to her attention
at (512) 3057-7854.
The Board specifically invites comments from the public on the issues of
whether or not the proposed repeal will have an adverse economic effect on
small business; if the repeal is believed to have such an effect, then how
may the Board legally and feasibly reduce that effect considering the purpose
of the statute under which the repeal is to be adopted; and if the repeal
is believed to have such an effect, how the cost of compliance for a small
business compares with the cost of compliance for the largest business affected
by the repeal under any of the following standards: (a) cost per employee;
(b) cost for each hour of labor; or (c) cost for each $100 of sales. See Texas
Government Code, §2006.002(c).
The repeal is proposed under the Public Accountancy Act, Texas
Civil Statutes, Article 41a-1, 6(a) (Vernon Supp. 1998), which authorizes
the Board to adopt rules deemed necessary or advisable to effectuate the Act.
No other article, statute or code is affected by this proposed repeal.
§523.32.Ethics Course.
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 March 26, 2001.
TRD-200101767
William Treacy
Executive Director
Texas State Board of Public Accountancy
Earliest possible date of adoption: May 6, 2001
For further information, please call: (512) 305-7848
The Texas State Board of Public Accountancy
(Board) proposes new §523.32 concerning Board Rules and Ethics Course.
The new §523.32 will inform licensees and license applicants that
the Board expects them to complete a Continuing Professional Education course
on the Board's Rules and states the exceptions.
William Treacy, Executive Director of the Board, has determined that for
the first five-year period the proposed new rule will be in effect:
A. the additional estimated cost to the state expected as a result of enforcing
or administering the new rule will be zero because this rule is a rewrite
of part of former §523.32 and does not require anyone to do anything
they are not already doing.
B. the estimated reduction in costs to the state and to local governments
as a result of enforcing or administering the new rule will be zero because
this rule is a rewrite of part of former §523.32 and does not require
anyone to do anything they are not already doing.
C. the estimated loss or increase in revenue to the state as a result of
enforcing or administering the rule will be zero because this rule is a rewrite
of part of former §523.32 and does not require anyone to do anything
they are not already doing.
Mr. Treacy has determined that for the first five-year period the new rule
is in effect the public benefits expected as a result of adoption of the proposed
new rule will be that this rule will be clearer, better written and will contain
fewer subject areas than the former Board Rule.
The probable economic cost to persons required to comply with the new rule
will be zero because this rule is a rewrite of part of former §523.32
and does not require anyone to do anything they are not already doing.
Mr. Treacy has determined that a Local Employment Impact Statement is not
required because the proposed new rule will not affect a local economy.
Mr. Treacy has determined that the proposed new rule will not have an adverse
economic effect on small businesses because this rule is a rewrite of part
of former §523.32 and does not require anyone to do anything they are
not already doing.
The Board requests comments on the substance and effect of the proposed
new rule from any interested person. Comments must be received at the Board
no later than noon on Monday April 23, 2001. Comments should be addressed
to Amanda G. Birrell, General Counsel, Texas State Board of Public Accountancy,
333 Guadalupe, Tower III, Suite 900, Austin, Texas 78701 or faxed to her attention
at (512) 305-7854.
The Board specifically invites comments from the public on the issues of
whether or not the proposed new rule will have an adverse economic effect
on small business; if the new rule is believed to have such an effect, then
how may the Board legally and feasibly reduce that effect considering the
purpose of the statute under which the new rule is to be adopted; and if the
new rule is believed to have such an effect, how the cost of compliance for
a small business compares with the cost of compliance for the largest business
affected by the new rule under any of the following standards: (a) cost per
employee; (b) cost for each hour of labor; or (c) cost for each $100 of sales.
See Texas Government Code, §2006.002(c).
The new rule is proposed under the Public Accountancy Act, Tex.
Occupations Code, Section 901.151 (Vernon 1999) which authorizes the Board
to adopt rules deemed necessary or advisable to effectuate the Act and Section
901.253 which authorizes the Board to ensure that an applicant is of good
moral character.
No other article, statute or code is affected by this proposed new rule
§523.32.Board Rules and Ethics Course.
(a)
An individual applying for certification or registration
must complete a board-approved four-hour ethics course on the Rules of Professional
Conduct no more than six months prior to submission of the application. Proof
of completion of this course must be submitted with the application.
(b)
Every licensee must take a board-approved two-hour ethics
course on the Rules of Professional Conduct every three years. Licensees shall
report completion of the course on the annual license renewal notice at least
every third year.
(c)
A licensee granted retired, permanent disability, or other
exempt status is not required to complete the ethics course during the licensee's
exempt status. When the exempt status is no longer applicable, the individual
must complete either a board-approved four-hour ethics course or a board-approved
two-hour ethics course, whichever is applicable, and report it on the license
renewal notice if due.
(d)
A certificate or registration holder who resides in the
state of Texas may not take the ethics course via self-study but must take
the ethics course in a live instructor format or in an interactive computer-based
format.
(e)
A certificate or registration holder who does not reside
in the state of Texas may take the course in either a live instructor format
or a computer-based interactive format or may write the board to request an
exemption.
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 March 26, 2001.
TRD-200101763
William Treacy
Executive Director
Texas State Board of Public Accountancy
Earliest possible date of adoption: May 6, 2001
For further information, please call: (512) 305-7848
22 TAC §523.33
The Texas State Board of Public Accountancy (Board) proposes
new §523.33 concerning Course Content and Board Approval.
The new §523.33 will contain part of former §523.32. The new
rule informs course providers what the Board expects this course to contain.
William Treacy, Executive Director of the Board, has determined that for
the first five-year period the proposed new rule will be in effect:
A. the additional estimated cost to the state expected as a result of enforcing
or administering the new rule will be zero because part of this rule is a
rewrite of former §523.32, and because the new rule does not require
anyone to do anything they are not already doing.
B. the estimated reduction in costs to the state and to local governments
as a result of enforcing or administering the new rule will be zero because
part of this rule is a rewrite of former §523.32, and because the new
rule does not require anyone to do anything they are not already doing.
C. the estimated loss or increase in revenue to the state as a result of
enforcing or administering the rule will be zero because part of this rule
is a rewrite of former §523.32, and because the new rule does not require
anyone to do anything they are not already doing.
Mr. Treacy has determined that for the first five-year period the new rule
is in effect the public benefits expected as a result of adoption of the proposed
new rule will be that this rule will be clearer, better written and will contain
fewer subject areas than the former Board rule.
The probable economic cost to persons required to comply with the new rule
will be zero because part of this rule is a rewrite of former §523.32,
and because the new rule does not require anyone to do anything they are not
already doing.
Mr. Treacy has determined that a Local Employment Impact Statement is not
required because the proposed new rule will not affect a local economy.
Mr. Treacy has determined that the proposed new rule will not have an adverse
economic effect on small businesses because part of this rule is a rewrite
of former §523.32, and because the new rule does not require anyone to
do anything they are not already doing.
The Board requests comments on the substance and effect of the proposed
new rule from any interested person. Comments must be received at the Board
no later than noon on Monday April 23, 2001. Comments should be addressed
to Amanda G. Birrell, General Counsel, Texas State Board of Public Accountancy,
333 Guadalupe, Tower III, Suite 900, Austin, Texas 78701 or faxed to her attention
at (512) 305-7854.
The Board specifically invites comments from the public on the issues of
whether or not the proposed new rule will have an adverse economic effect
on small business; if the new rule is believed to have such an effect, then
how may the Board legally and feasibly reduce that effect considering the
purpose of the statute under which the new rule is to be adopted; and if the
new rule is believed to have such an effect, how the cost of compliance for
a small business compares with the cost of compliance for the largest business
affected by the new rule under any of the following standards: (a) cost per
employee; (b) cost for each hour of labor; or (c) cost for each $100 of sales.
See Texas Government Code, §2006.002(c).
The new rule is proposed under the Public Accountancy Act, Tex.
Occupations Code, Section 901.151 (Vernon 1999) which authorizes the Board
to adopt rules deemed necessary or advisable to effectuate the Act and Section
901.253 which authorizes the Board to ensure that an applicant is of good
moral character.
No other article, statute or code is affected by this proposed new rule.
§523.33.Course Content and Board Approval.
(a)
Before a provider of continuing professional education
can offer the Board Rules and Ethics Course, the content of the course must
be submitted to and approved by the continuing professional education committee
of the board for initial approval and every three years thereafter. Course
content shall be approved only after demonstrating, either in a live instructor
format or a computer-based interactive format, as defined in §523.1(b)(5)
of this title (relating to Continuing Professional Education Purpose and Definitions),
that the course contains the underlying intent established in the following
criteria.
(1)
The course shall encourage the certificate or registration
holder to educate himself or herself in the ethics of the profession, specifically
the Rules of Professional Conduct of the board.
(2)
The course shall convey the intent of the board's Rules
of Professional Conduct in the certificate or registration holder's performance
of professional services, and not mere technical compliance. A certificate
or registration holder is expected to apply ethical judgment in interpreting
the rules and determining the public interest. The public interest should
be placed ahead of self-interest, even if it means a loss of job or client.
(3)
The primary objectives of the Board Rules and Ethics Course
shall be to:
(A)
emphasize the ethical standards of the profession, as described
in this section; and
(B)
review and discuss the board's Rules of Professional Conduct
and their implications for certificate or registration holders in a variety
of practices, including:
(i)
a certificate or registration holder engaged in the client
practice of public accountancy who performs attest and non-attest services,
as defined in §501.52 of this title (relating to Definitions);
(ii)
a certificate or registration holder employed in industry
who provides internal accounting and auditing services; and
(iii)
a certificate or registration holder working in education
or in government accounting or auditing.
(4)
The Board Rules and Ethics Course shall meet the requirements
of the board's continuing professional education rules as described in this
chapter (relating to Continuing Professional Education). Prior to offering
and scheduling an approved Board Rules and Ethics Course, a sponsor shall:
(A)
ensure that the instructor is a certified public accountant
licensed in Texas or that the instructor is team teaching with a certified
public accountant licensed in Texas and that both have completed the board's
ethics training program at least every three years or as required by the board.
This subsection is prospective only;
(B)
ensure that the instructor's certificate or license has
never been suspended or revoked for violation of the Rules of Professional
Conduct; and
(C)
provide its advertising materials to the board's CPE Committee
for approval. Such advertisements shall:
(i)
avoid commercial exploitation;
(ii)
identify the primary focus of the course; and
(iii)
be professionally presented and consistent with the intent
of §501.82 of this title (relating to Advertising).
(b)
Board Rules and Ethics Courses will be reevaluated every
three years or as required by the board.
(c)
At the conclusion of each course, the sponsor shall administer
a test to determine whether the program participants have obtained a basic
understanding of the course content, including the need for a high level of
ethical standards in the accounting profession.
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 March 26, 2001.
TRD-200101762
William Treacy
Executive Director
Texas State Board of Public Accountancy
Earliest possible date of adoption: May 6, 2001
For further information, please call: (512) 305-7848
Chapter 593.
LICENSES
or
] legal court order,
driver's license, and or social
security card attesting to the name change
[
setting out change of
name will be submitted to the Board by the licensee, as appropriate
].
A fee is required for a name change and an additional fee for a duplicate
license or temporary permit reflecting the change. If the change occurs at
the time of renewal there will be no additional charge other than the renewal
fee. Notification of change of address shall be submitted in writing to the
Board by each licensee within 10 days of change.
If the change of address
is to another state, the licensee must include a declaration of primary state
of residence.
There will be no additional charge for updating address
information
for moves within the state of Texas.
[
However,
] A new license will not be issued for an address change
within
the state of Texas
only.
Individuals declaring a non-Compact state
as their primary state of residence shall be charged a fee for a duplicate
license or temporary permit. The license of individuals declaring a Compact
state as their primary state of residence shall become invalid, in compliance
with the Compact rules.
Chapter 239.
CONTESTED CASE PROCEDURE
Part 22.
TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY
or
] any other attest
service
, or tax services
shall conform to the professional standards
applicable to such services. For purposes of this section, such professional
standards are considered to be interpreted by:
or
]
(4)
]similar pronouncements by other
entities having similar generally recognized authority.
Chapter 523.
CONTINUING PROFESSIONAL EDUCATION
Part 25.
STRUCTURAL PEST CONTROL BOARD