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 ("Department") adopts amendments to an existing rule at 16 Texas Administrative Code, §76.800 regarding fees for the Water Well Driller and Pump Installer program as published in the June 6, 2003, issue of the Texas Register (28 TexReg 4390), without changes, and will not be republished.

The amendments modify the fees for examinations to reflect the actual cost of examinations to the Department and increase the annual licensure fees to cover costs of administering the water well driller and pump installer programs which include the costs for licensure through the Texas Online Authority.

The amendments are necessary to comply with §51.202(a) of the Texas Occupations Code, which requires the Texas Commission of Licensing and Regulation to set fees, in amounts reasonable and necessary to cover the costs of administering the programs or activities under its jurisdiction, including licenses and examinations for the Water Well Driller and Pump Installer program. The rules are also needed to comply with §§32.002(i) and 33.002(h) of the Texas Water Code, which requires the Department to set fees imposed by Chapter 32 and Chapter 33 in amounts that are reasonable and necessary to cover the costs of administering these chapters. The Department is engaged in examination development activities for the water well driller and pump installer program, and modifying the examination delivery mechanism so that examinations can be administered at multiple sites throughout Texas. The current examination and licensure fee levels are inadequate to cover the cost of administering these activities.

The Department drafted and distributed the proposed rules to persons internal and external to the agency. No comments were received regarding the proposed amendments.

The amendments are adopted under the Texas Water Code, Chapters 32 and 33 and Texas Occupations Code, Chapter 51, §51.202(a), which requires the Department to set fees in amounts reasonable and necessary to cover the costs of administering Department programs and activities.

The statutory provisions affected by the adoption are those set forth in the Texas Water Code, Chapters 32 and 33 and Texas Occupations Code, Chapter 51.

No other statutes, articles, or codes are affected by the adoption.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 25, 2003.

TRD-200304511

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Effective date: August 14, 2003

Proposal publication date: June 6, 2003

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

Chapter 402. BINGO REGULATION AND TAX

16 TAC §402.544

The Texas Lottery Commission adopts new rule 16 TAC §402.544, relating to license fees without changes to the proposed text as published in the June 13, 2003 issue of the Texas Register (28 TexReg 4503).

The new section sets out information regarding license fees. Specifically, the new section sets out the requirements for a license fee that must be submitted by an authorized organization that files an application for an original license to conduct charitable bingo or a person that files an application to lease bingo premises and identifies the amount of license fee required to be submitted during the first six months of the license term or upon license renewal. The new section also sets out the requirements for a license fee when a license is in administrative hold, identifies how an annual license fee is recalculated at renewal, addresses an organization’s responsibilities when a license no longer exists, the amount of fee to be submitted if there is a change in an organization’s reported gross receipts or gross rental income, how an overpayment of a fee may be treated by the commission, under what circumstances a refund of payments may occur, how a transfer of commercial license to lease bingo premises affects the license fee, and clarifies that an organization conducting bingo pursuant to a temporary authorization must comply with the same requirements. As a result, the new section clarifies the requirements for license fees so that applicants and licensees will know what amount of license fee is owed, under what circumstances additional fee may be required to be paid, the effect of a license being in an administrative hold on a license fee, and under what circumstances a license fee may be refunded.

No comments were received regarding adoption of this new section.

The new rule is adopted under Occupations Code, Section 2001.054 which authorizes the Commission to adopt rules to enforce and administer the Bingo Enabling Act, under Government Code, Section 467.102 which authorizes the Commission to adopt rules for the enforcement and administration of the laws under the Commission’s jurisdiction, and under Occupations Code, Section 2001.051(b) which grants the Commission broad authority to exercise strict control and close supervision over all bingo conducted in Texas so that bingo is fairly conducted and the proceeds derived from bingo are used for an authorized purpose. The new rule is also adopted under Occupations Code, Sections 2001.104 and 2001.158 which authorizes the commission to adopt rules to provide for the payment of any additional fee amount determined to be due under either of these statutes and credit to be given for any excess fee amount determined to have been paid. .

The new rule implements Occupations Code, Chapter 2001.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 24, 2003.

TRD-200304463

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Effective date: August 13, 2003

Proposal publication date: June 13, 2003

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