TITLE 22.EXAMINING BOARDS

Part 8. TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD

Chapter 153. RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT

22 TAC §153.5

The Texas Appraiser Licensing and Certification Board proposes an amendment to §153.5, Fees. This amendment will add §153.5(a)(11) to provide for an additional $10 renewal fee for general certified and residential certified appraisers in order to comply with on-line renewal provisions as mandated by SB-187 and SB-645, 77th Legislature, 2001. The additional $10 fee is required of all certified general and certified residential appraisers whether or not they renew on-line.

Renil C. Liner, Commissioner, Texas Appraiser Licensing and Certification Board, has determined that for the first five-year period the amendment is in effect, there will be no fiscal implications for state or local government.

Mr. Liner also has determined that for each year of the first five years this amendment is in effect, the public benefit anticipated as a result of enforcing the amendment will be a more efficient and convenient renewal of general and residential certifications. There will be no effect on small businesses, other than appraisal businesses that are owned by or employ general certified or residential certified appraisers. The anticipated economic cost to persons who are required to comply with the amendment as proposed is an additional $10 renewal fee for each two-year renewal.

Comments on the proposal may be submitted Renil C. Liner, Commissioner, Texas Appraiser Licensing and Certification Board, P.O. Box 12188, Austin, Texas 78711-2188.

The amendment is proposed under the Powers and Duties of the Board, Texas Appraiser Licensing and Certification Act, §5 (Vernon's Texas Civil Statutes, Article 6573a.2), which provides the board with authority to adopt rules.

Section 5, Powers and Duties of the Board and §14, Certification and License Renewal of the Texas Appraiser Licensing and Certification Act (Vernon's Texas Civil Statutes, Article 6573a.2) may be affected by the proposed amendment.

§153.5.Fees.

(a) The board shall charge and the commissioner shall collect the following fees:

(1)-(8) (No change.)

(9) a fee for replacing a lost or destroyed certificate of $15; [ and ]

(10) a fee for a returned check equal to that charged for a returned check by the Texas Real Estate Commission ; and [ . ]

(11) An additional renewal fee of $10 is required of each general certified and residential certified appraiser for establishing and maintaining on-line renewals. On-line renewals are mandated by SB-187 and SB-645, 77th Legislature, 2001, and the additional renewal fee is required whether or not the individual renews on-line.

(b)-(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 23, 2002.

TRD-200203172

Renil C. Liner

Commissioner

Texas Appraiser Licensing and Certification Board

Earliest possible date of adoption: July 7, 2002

For further information, please call: (512) 465-3950


Part 35. TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS

Chapter 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS

The Texas State Board of Examiners of Marriage and Family Therapists (board) proposes amendments to §§801.2, 801.15, 801.19, 801.232, 801.265, and 801.300 concerning the licensure and regulation of marriage and family therapists. Specifically the amendments cover supervision hours, impartiality and nondiscrimination, fees, continuing education sponsors, surrender of license because of student loan default and suspension of a license for failure to be in compliance with child custody orders.

The amendments are pursuant to statutorial changes made to the Texas Occupations Code, Chapter 502, during the 77th Legislative Session. These amendments require that genetic information not be used in the discharge of statutory authority; examination fees will be in accordance with current contracted rate; continuing education sponsors will be required to renew annually, licenses will be surrendered in cases of student loan defaults and a reinstatement fee must be paid, and suspension of license due to noncompliance with child custody orders.

Bobby D. Schmidt, Executive Director, for the board, has determined that for each year of the first five-year period the sections will be in effect, fiscal implications for state government are anticipated to be negligible. Revenues generated from licensing fees will offset the costs and process of administering the program. There will be no fiscal implications for local government.

Mr. Schmidt also has determined that for each year of the first five years the sections are in effect, the public benefit as a result of enforcing or administering the sections will be to insure the appropriate regulation of marriage and family therapists. There is no anticipated cost to micro or small businesses or persons who are required to comply with the sections as proposed. An increase in cost will affect individuals who default on their student loans, and are required to pay a $40 reinstatement fee and continuing education sponsors who will renew every year instead of every three years. There is no anticipated impact on local employment.

Comments on the proposal may be submitted to Bobby D. Schmidt, Executive Director, Texas State Board of Examiners of Marriage and Family Therapists, 1100 West 49th Street, Austin, Texas 78756-3183, Telephone (512) 834-6657. Comments will be accepted for 30 days following the date of publication of this proposal in the Texas Register .

Subchapter A. INTRODUCTION

22 TAC §801.2

The amendment is proposed under Texas Occupations Code, Chapter 502, which provides the Texas State Board of Examiners of Marriage and Family Therapists with the authority to adopt rules concerning the regulation of marriage and family therapists.

The amendment affects the Texas Occupations Code, Chapter 502.

§801.2.Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context indicates otherwise.

(1) - (10) (No change.)

(11) Group supervision - Supervision that involves a minimum of three and no more than six marriage and family supervisees or associates in a clinical setting during the supervision hour. A supervision hour is forty-five [ sixty ] minutes.

(12) Individual supervision - Supervision of no more than two marriage and family therapy supervisees or associates in a clinical setting during the supervision hour. A supervision hour is forty-five [ sixty ] minutes.

(13) - (31) (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 23, 2002.

TRD-200203192

Marvarene Oliver, Ed.D.

Chairman

Texas State Board of Examiners of Marriage and Family Therapists

Earliest possible date of adoption: July 7, 2002

For further information, please call: (512) 458-7236


Subchapter B. THE BOARD

22 TAC §801.15, §801.19

The amendments are proposed under Texas Occupations Code, Chapter 502, which provides the Texas State Board of Examiners of Marriage and Family Therapists with the authority to adopt rules concerning the regulation of marriage and family therapists.

The amendments affect the Texas Occupations Code, Chapter 502.

§801.15.Impartiality and Nondiscrimination.

(a) The board shall make no decision in the discharge of its statutory authority with regard to any person's race, religion, color, gender, national origin, age, disability, [ or ] sexual orientation , or genetic information .

(b) (No change.)

§801.19.Fees.

(a) The board has established the following fees for licenses, license renewals, examinations, and all other administrative expenses under the Licensed Marriage and Family Therapists Act (Act).

(b) The schedule of fees shall be as follows:

(1) (No change.)

(2) licensure examination fee -- shall be in accordance with the current contracted examination fee [ $195 ];

(3) - (4) (No change.)

(5) late renewal fee -- late renewal fees shall be set as follows:

(A) on or before 90 days - renewal fee plus one-half of the current contracted examination fee [ --$162.50 ]; and

(B) longer than 90 days but less than one year - renewal fee plus fee equal to the current contracted examination fee [ --$260 ];

(6) - (9) (No change.)

(10) continuing education sponsor fee -- $50 annually ;

(11) child support reinstatement fee -- $40; [ and ]

(12) verification fee -- $10 ; and [ . ]

(13) student loan default reinstatement fee -- $40.

(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 23, 2002.

TRD-200203193

Marvarene Oliver, Ed.D.

Chairman

Texas State Board of Examiners of Marriage and Family Therapists

Earliest possible date of adoption: July 7, 2002

For further information, please call: (512) 458-7236


Subchapter J. LICENSURE RENEWAL AND INACTIVE STATUS

22 TAC §801.232

The amendment is proposed under Texas Occupations Code, Chapter 502, which provides the Texas State Board of Examiners of Marriage and Family Therapists with the authority to adopt rules concerning the regulation of marriage and family therapists.

The amendment affects the Texas Occupations Code, Chapter 502.

§801.232.General.

(a) - (d) (No change.)

(e) A therapist who has been notified of a student loan default shall surrender their license until the loan payment has been resolved to the satisfaction of the National Student Loan Center.

(f) A therapist shall pay a reinstatement fee set out in §801.19 of this title (relating to fees) prior to issuance of the license under 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 23, 2002.

TRD-200203194

Marvarene Oliver, Ed.D.

Chairman

Texas State Board of Examiners of Marriage and Family Therapists

Earliest possible date of adoption: July 7, 2002

For further information, please call: (512) 458-7236


Subchapter K. CONTINUING EDUCATION REQUIREMENTS

22 TAC §801.265

The amendment is proposed under Texas Occupations Code, Chapter 502, which provides the Texas State Board of Examiners of Marriage and Family Therapists with the authority to adopt rules concerning the regulation of marriage and family therapists.

The amendment affects the Texas Occupations Code, Chapter 502.

§801.265. Continuing Education Sponsor.

The board is not responsible for approving individual continuing education programs. The board will approve an institute, agency, organization, association, or individual as a continuing education sponsor of continuing education units. The board will grant [ a three-year ] approval to organizations who pay the continuing education sponsor fee which shall permit the organizations to approve continuing education units for their marriage and family therapy courses, seminars, and conferences. These organizations do not need prior permission from the board but must submit an annual list of their seminars, workshops, and courses with the presenter's name to the board. Any university, professional organization, or individual who meets the required criteria may advertise as approved sponsors of continuing education for licensed marriage and family therapists.

(1) - (3) (No change.)

(4) Sponsors shall pay a continuing education sponsor fee which will be effective for one year [ three years ] from date of receipt.

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 23, 2002.

TRD-200203195

Marvarene Oliver, Ed.D.

Chairman

Texas State Board of Examiners of Marriage and Family Therapists

Earliest possible date of adoption: July 7, 2002

For further information, please call: (512) 458-7236


Subchapter L. COMPLAINTS AND VIOLATIONS

22 TAC §801.300

The amendment is proposed under Texas Occupations Code, Chapter 502, which provides the Texas State Board of Examiners of Marriage and Family Therapists with the authority to adopt rules concerning the regulation of marriage and family therapists.

The amendment affects the Texas Occupations Code, Chapter 502.

§801.300.Suspension of License for Failure to Pay Child Support or Non-Compliance with Child Custody Order .

(a) On receipt of a final court or attorney [ attorney's ] general's order suspending a license due to failure to pay child support, or failure to be in compliance with a court order relating to child custody, the executive director shall immediately determine if the board has issued a license to the obligator named on the order, and, if a license has been issued:

(1) - (3) (No change.)

(4) have to pay and be in accordance with child custody.

(b) - (h) (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 23, 2002.

TRD-200203196

Marvarene Oliver, Ed.D.

Chairman

Texas State Board of Examiners of Marriage and Family Therapists

Earliest possible date of adoption: July 7, 2002

For further information, please call: (512) 458-7236