TITLE 16.ECONOMIC REGULATION

Part 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION

Chapter 76. WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS

16 TAC §76.800

The Texas Department of Licensing and Regulation (the Department) proposes amendments to 16 Texas Administrative Code, §76.800 concerning the fees for the Water Well Drillers and Water Well Pump Installers program.

The Department proposes to increase the application exam fees for driller and installer examinations from $125 to $150 for each examination; increase the fee for re-examination from $100 to $125 for each re-examination; increase the license fees for driller and installer licenses (both initial and renewal) from $170 to $200 each; increase the license and renewal fees for the combination driller and installer license from $220 to $310; and add the combination driller and installer apprentice registration (both initial and renewal) of $100.

The Department is required by Texas Occupations Code, Chapter 51, §51.202 and Texas Water Code, Chapters 32 and 33, §32.002 and §33.002, to set fees in amounts reasonable and necessary to cover the costs of administering programs, which include the Water Well Drillers and Water Well Pump Installers program. The fees currently in place are below the amounts needed to cover program costs in current and future periods. Without the proposed increase in fee revenues, there could be an adverse impact on the administration and enforcement of the Water Well Drillers and Water Well Pump Installers program.

Jimmy G. Martin, Director of Enforcement, has determined that for the first five-year period the proposed amendments are in effect, there will be no additional cost to state or local governments as a result of administering or enforcing the fee changes.

Mr. Martin also has determined that for each year of the first five-year period the proposed amendments are in effect, the public benefit will be an increase in the general revenue of the Department.

Mr. Martin has determined that the cost of compliance and the anticipated economic effect on small businesses and other persons who are required to comply with this section as proposed will be an increase of $25 for each examination and each re-examination administered by the Department, an increase of $30 for each driller and installer license (both initial and renewal) issued by the Department, an increase of $90 for each person who obtains or renews a combination driller and installer license issued by the Department, and allow persons to obtain a combination driller and installer apprentice registration issued by the Department.

Comments on the proposal may be submitted to Jimmy G. Martin, Director of Enforcement, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711 or facsimile (512) 463-1376 or electronically: jimmy.martin@license.state.tx.us. The deadline for comments is 30 days after publication in the Texas Register .

The amendments are proposed under the Texas Occupations Code, Chapter 51, §51.202 and Texas Water Code, Chapters 32 and 33, §32.002 and §33.002. The Department interprets §51.202 as authorizing the Texas Commission of Licensing and Regulation (the Commission) to set fees in amounts reasonable and necessary to cover the costs of administering the programs and activities under its jurisdiction. The Department interprets §32.002 as authorizing the Commission to set fees for examinations, re-examinations, and licenses under Chapter 32 with respect to the Water Well Drillers program. The Department interprets §33.002 as authorizing the Commission to set fees for examinations, re-examinations, and licenses with respect to the Water Well Pump Installers program.

The statutory provisions affected by the proposed amendments are Texas Occupations Code, Chapter 51, §51.202 and the Texas Water Code, Chapters 32 and 33, §32.002 and §33.002. No other statutes, articles, or codes are affected by the proposed amendments.

§76.800.Fees.

(a) Exam Fees.

(1) Driller and Installer application exam fees are $150 [ $125 ] per exam.

(2) Re-exam fee is $125 [ $100 ] for each exam.

(b) Annual License Fees.

(1) Driller's license is $200 [ $170 ].

(2) Installer's license is $200 [ $170 ].

(3) A combination Driller and Installer license is $310 [ $220 ].

(4) Apprentice registration is $50.

(5) A combination Driller and Installer Apprentice registration is $100.

(c) Annual License Renewal Fees.

(1) Driller's renewal license is $200 [ $170 ].

(2) Installer's renewal license is $200 [ $170 ].

(3) A combination Driller and Installer renewal license is $310 [ $220 ].

(4) Apprentice renewal registration is $50.

(5) A combination Driller and Installer Apprentice renewal registration is $100.

(d) Lost, revised, or duplicate license $25.

(e) Variance request fee is $100.

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 June 29, 2001.

TRD-200103722

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Earliest possible date of adoption: August 12, 2001

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


Part 9. TEXAS LOTTERY COMMISSION

Chapter 403. GENERAL ADMINISTRATION

16 TAC §403.401

The Texas Lottery Commission proposes new §403.401, relating to the assignment and use of Commission motor vehicles. The new rule will designate Commission motor vehicles as Commission property and provides that a Commission motor vehicle may not be assigned to a specific employee or agency head, but must be assigned to the Commission's motor pool and be available for checkout. The new rule is required by §2171.1045, Government Code.

Bart Sanchez, Financial Administration Director for the Texas Lottery Commission, has determined that for each year of the first five year period the new rule is in effect there will be no foreseeable additional fiscal implications for state or local government as a result of enforcing or administering the rule. There is no anticipated impact on small businesses, micro businesses or local or state employment as a result of implementing the rule.

Vince Devine, Facilities Support Manager for the Texas Lottery Commission, has determined that for each of the first five years the new rule is in effect the public benefit anticipated will be increased confidence by the public that Commission vehicles will be used solely for official Commission purposes and in conformance with Chapter 2171, Government Code.

Written Comments on the proposal may be submitted to Ridgely C. Bennett, Deputy General Counsel, Texas Lottery Commission, P.O. Box 16630, Austin, Texas 78761-6330.

The new section is proposed under §467.102, Government Code, which provides the Texas Lottery Commission with the authority to adopt rules for the enforcement and administration of the State Lottery Act and the laws under the Commission's jurisdiction, §2171.1045, Government Code, which directs state agencies to adopt rules relating to the assignment and use of the agency's vehicles and Chapter 2001, Government Code, which provides for the adoption of administrative rules.

Chapters 467 and 2171, Government Code are affected by the proposed new rule.

§403.401.Use of Commission Motor Vehicles.

(a) A motor vehicle owned by the Commission is state property and may be used for official Commission business only. A Commission motor vehicle may not be assigned to a specific employee or agency head, but must be assigned to the Commission's motor pool and be available for checkout. All Commission motor vehicles will be housed at the Commission's Austin headquarters or at the Commission's business resumption warehouse.

(b) A Commission employee is eligible to use a Commission motor vehicle if the employee has passed a background investigation conducted by the Commission's Security Division or the Department of Public Safety, possesses a valid Texas driver's license and has a satisfactory driving record.

(c) An employee operating a Commission motor vehicle must comply with all applicable federal and state traffic laws and the Commission's traffic safety policies and procedures. A violation of one of those laws, policies or procedures is grounds for disciplinary action, up to and including termination of the employee's at-will employment.

(d) An employee operating a Commission motor vehicle must enter the following information in the Commission's vehicle logbook:

(1) beginning and ending mileage;

(2) beginning and ending time;

(3) destination; and

(4) the name of each passenger being transported in the Commission's motor vehicle.

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 June 26, 2001.

TRD-200103630

Ridgley C. Bennett

Deputy General Counsel

Texas Lottery Commission

Earliest possible date of adoption: August 12, 2001

For further information, please call: (512) 344-5113