TITLE 16.ECONOMIC REGULATION

Part 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION

Chapter 62. CAREER COUNSELING SERVICES

16 TAC §62.80

The Texas Department of Licensing and Regulation (the Department) proposes an amendment to 16 TAC, §62.80 concerning the fees for the Career Counseling Services program.

The Department proposes to increase the fees for an original certificate of authority and a renewal certificate of authority from $750 to $1,000 each.

The Department is required by the Texas Occupations Code, Chapter 51, §51.202 to set fees in amounts reasonable and necessary to cover the costs of administering programs, which include the Career Counseling Services 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 Career Counseling Services program.

Jimmy G. Martin, Director Enforcement, has determined that for the first five-year period the proposed amendment is 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 amendment is 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 $250 per year for persons filing a request with the Department for an original certificate of authority or a renewal certificate of authority.

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) 475-2872 or electronically: jimmy.martin@license.state.tx.us. The deadline for comments is 30 days after publication in the Texas Register .

The amendment is proposed under the Texas Occupations Code, Chapter 51, §51.202. The Department interprets §51.202 as authorizing the Texas Commission of Licensing and Regulation to set fees in amounts reasonable and necessary to cover the costs of administering the programs and activities under its jurisdiction, including the Career Counseling Services program.

The statutory provision affected by the proposed amendment is Texas Occupations Code, Chapter 51, §51.202. No other statutes, articles, or codes are affected by the proposed amendment.

§62.80.Fees - Original Certificate of Authority.

(a)

Original and renewal certificate of authority fee- $1,000 [ $750 ].

(b)

Late fee-$50.

(c)

Reprint fee-$25.

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 17, 2001.

TRD-200102782

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Earliest possible date of adoption: July 1, 2001

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


Chapter 65. BOILER DIVISION

16 TAC §65.80

The Texas Department of Licensing and Regulation (the Department) proposes amendments to 16 Texas Administrative Code, §65.80 concerning the inspection fees for the Boiler Division program.

The Department proposes to increase the Certificate of Operation fee from $45 to $50; to increase the inspection fee for all boilers other than heating boilers from $115 to $120; to increase the inspection fee for heating boilers without a manhole from $85 to $90; and to increase the inspection fee for heating boilers with a manhole from $115 to $120.

The Department is required by Texas Occupations Code, Chapter 51, §51.202 and Texas Health and Safety Code, Chapter 755, §755.030, to set fees in amounts reasonable and necessary to cover the costs of administering programs, which include the Boiler Division 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 Boiler Division program.

George Ferrie, Director of Code Review and Inspections, has determined that for the first five-year period the proposed amendments are in effect, there will be minimal additional costs to state or local governments as a result of administering or enforcing the fee changes.

Mr. Ferrie 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 which should help to increase the number of Department inspectors and improve the timeliness of Department inspections.

Mr. Ferrie has determined that the cost of compliance and the anticipated economic effect on small businesses, building owners, and other persons who are required to comply with this section as proposed will be an increase of $5 for each boiler that is inspected.

Comments on the proposal may be submitted to George Ferrie, Director of Code Review and Inspections, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711 or facsimile (512) 463-1376 or electronically: george.ferrie@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 Health and Safety Code, Chapter 755, §755.030. 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 §755.030 as authorizing the Commission to set fees for performing its inspections and other functions under Chapter 755 with respect to the Boiler Division program.

The statutory provisions affected by the proposed amendments are Texas Occupations Code, Chapter 51, §51.202 and Texas Health and Safety Code, Chapter 755, §755.030. No other statutes, articles, or codes are affected by the proposed amendments.

§65.80.Fees.

(a)

Certificate/inspection fees.

(1)

Inspection by authorized inspector. The owner or operator or his/her agent shall make a $50 [ $45 ] payment for the certificate of operation fee.

(2)

Inspection by deputy inspector. The owner or operator shall make payment of the appropriate fee as shown below.

(A)

The inspection fees for all boilers other than heating boilers shall be $120 [ $115 ].

(B)

The inspection fees for heating boilers shall be:

(i)

those without a manhole-- $90 [ $85 ]; and

(ii)

those with a manhole-- $120 [ $115 ].

(3)

All fees must be paid in full to the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711 before a certificate of operation will be issued.

(b)-(e)

(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 17, 2001.

TRD-200102781

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Earliest possible date of adoption: July 1, 2001

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


Chapter 68. ARCHITECTURAL BARRIERS

16 TAC §68.80

The Texas Department of Licensing and Regulation (the Department) proposes amendments to 16 Texas Administrative Code, §68.80 concerning the fees for the Architectural Barriers program.

The Department proposes to increase the filing fee for inspections from $75 to $100, to increase the application fee for variances from $150 to $175, and to require that filing fees for plan reviews and inspections be paid by persons requesting the Department to perform these reviews and inspections. The Department also proposes to change the name of the "Late Review Fee" to "Late Submittal Fee"; to provide that the late submittal fee apply in lieu of the review fee when construction documents are submitted after completion of a construction project; to require that the project filing fee accompany the registration form and be submitted with the construction documents; and to require that the inspection filing fee be paid within 30 days of completion of construction.

The Department is required by Texas Occupations Code, Chapter 51, §51.202 and Texas Revised Civil Statutes Annotated, Article 9102, §6, to set fees in amounts reasonable and necessary to cover the costs of administering programs, which include the Architectural Barriers 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 Architectural Barriers program.

George Ferrie, Director of Code Review and Inspections, has determined that for the first five-year period the proposed amendments are in effect, there will be minimal additional costs to state or local governments as a result of administering or enforcing the fee changes.

Mr. Ferrie 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 which should help the enforcement program to increase the level of accessibility in new and renovated buildings and facilities in the state. Additionally, the public will benefit because the filing fees will be the same for all plan reviews and inspections, regardless of whether these services are performed by the Department or by independent contract providers.

Mr. Ferrie has determined that the cost of compliance and the anticipated economic effect on small businesses, building owners, and other persons who are required to comply with this section as proposed will be an increase of $100 per project for persons filing a request for a plan review or inspection to be performed by the Department, an increase of $25 per project for persons paying the filing fee for an inspection performed by a third-party inspector, and an increase of $25 for persons filing an application for a variance.

Comments on the proposal may be submitted to George Ferrie, Director of Code Review and Inspections, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711 or facsimile (512) 463-1376 or electronically: george.ferrie@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 Revised Civil Statutes Annotated, Article 9102, §6. 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 §6 as authorizing the Commission to set fees for performing its functions under Article 9102 with respect to the Architectural Barriers program.

The statutory provisions affected by the proposed amendments are Texas Occupations Code, Chapter 51, §51.202 and Texas Revised Civil Statutes Annotated, Article 9102, §6. No other statutes, articles, or codes are affected by the proposed amendments.

§68.80.Fees.

(a)

Plan review and inspection fees collected by the department shall be determined by the estimated project cost, not including site acquisition, furnishings, or equipment, and assessed according to the fee schedule. In instances involving multiple facilities with identical drawings, but site adapted, and designed by the same individual or firm and bid as one package, the plan review fee shall be based on the total construction cost. However, separate inspection fees shall be required. The plan review fee and project filing fee must accompany the registration form and be submitted with the construction documents. The inspection fee and inspection filing fee must be paid and the department notified of point of contact within 30 days of completion of construction.

(b)

Fee Schedule:

Figure: 16 TAC §68.80(b)

(c)-(f)

(No change.)

(g)

When construction documents are submitted after completion of a subject project, the late submittal [ review ] fee shall apply in lieu of the review fee required by paragraph (b) of this subsection .

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 17, 2001.

TRD-200102780

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Earliest possible date of adoption: July 1, 2001

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


Chapter 75. AIR CONDITIONING AND REFRIGERATION CONTRACTOR LICENSE LAW

16 TAC §75.22, §75.80

The Texas Department of Licensing and Regulation (the Department) proposes amendments to 16 Texas Administrative Code §75.22 and §75.80 concerning license periods and fees for the Air Conditioning and Refrigeration (ACR) program.

The Department proposes to amend §75.22 by changing the license periods for all Class A and B licenses from three years to one year so that license fee revenues may be matched more closely to the annual costs of the ACR program and so that the license periods of ACR licenses will conform with the one-year periods for other licenses, registrations, and certificates issued by the Department.

The Department also proposes to amend §75.80 by reducing the fees for all Class A and B licenses from $350 to $125 each. While this change in fees will result in a reduction of annual fee revenues for each license issued or renewed during the first three years the proposed amendment is in effect, it also will result in a $25 increase in total fee revenues received over a three-year period for each license issued by the Department. Thus, the net effect of the proposed change in fees is to increase the Department's fee revenues by the amount of $8.33 per ACR license per year.

The Department is required by the Texas Occupations Code, Chapter 51, §51.202 and Texas Revised Civil Statutes Annotated, Article 8861, §3 and §4, to set fees in amounts reasonable and necessary to cover the costs of administering programs under its jurisdiction, including the ACR program. The ACR license fees currently in place are below the amounts needed to cover ACR program costs in future periods. Without the proposed increase in ACR license fee revenues, there could be an adverse impact on the future administration and enforcement of the ACR program.

The proposed changes to ACR license periods and fees would take effect September 1, 2001. They would apply to all ACR licenses that expire on or after September 1, 2001. They also would apply to all ACR license applications (both initial and renewal) filed with the Department on or after September 1, 2001.

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 changes in ACR license periods and fees.

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 $8.33 per year for persons obtaining an initial or a renewal ACR license issued by the Department, as well as a reduction in their license period from three years to one year.

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) 475-2872 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 Revised Civil Statutes Annotated, Article 8861, §3 and §4. 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 §3 and §4 as authorizing the Commission to set fees for performing its functions under Article 8861 with respect to the ACR program.

The statutory provisions affected by the proposed amendments are Texas Occupations Code, Chapter 51, §51.202 and Texas Revised Civil Statutes Annotated, Article 8861, §3 and §4. No other statutes, articles, or codes are affected by the proposed amendments.

§75.22.Licensing Requirements--General.

(a)

Unless licensed under the provisions of the Act, with a license of the class and endorsement appropriate for the work described or advertised, it is unlawful for any person, partnership, firm, or corporation to perform or offer to perform air conditioning and refrigeration contracting or to use a license number that is not assigned to that person, partnership, firm, or corporation.

(b)

All air conditioning and refrigeration contractor's licenses expire one year [ three years ] after the date issued, renewed, or reissued.

(c)-(p)

(No change.)

§75.80.Fees.

(a)

Exam Fees. Class A and Class B exam fees are:

(1)

application fee is $50 per applicant; the application fee is not refundable; and

(2)

exam and re-exam fee is $50 for each exam requested.

(b)

License Fees. License fees are:

(1)

Class A or B initial license or renewal fee for one year is $125 [ three years is $350 ]; and

(2)

late renewal fee is $50.

(c)-(e)

(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 17, 2001.

TRD-200102783

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Earliest possible date of adoption: July 1, 2001

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