TITLE 16.ECONOMIC REGULATION

Part 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION

Chapter 60. TEXAS COMMISSION OF LICENSING AND REGULATION

Subchapter C. FEES

16 TAC §60.83

The Texas Department of Licensing and Regulation ("Department") proposes a new rule at 16 Texas Administrative Code, Subchapter C, §60.83 regarding late license renewal fees and requirements.

The proposed new rule establishes the requirements and fees regarding late license renewals.

The rule is necessary to implement Senate Bill 279, Acts of the 78th Legislature, §1.019, which addresses late license renewal requirements. Senate Bill 279 adds a new §51.401 to Chapter 51 of the Occupations Code that sets the requirements and fees for late renewal of Department licenses.

William H. Kuntz, Jr., Executive Director, has determined that for the first five-year period the new rules are in effect there will be no cost to state or local government as a result of enforcing or administering the new rule.

Mr. Kuntz also has determined that for each year of the first five-year period the new rules are in effect, the public benefit will be an increase in timely license renewals for licensees under the Department's jurisdiction. As a result, there will be less unlicensed activity and more individuals who have met the licensing requirements, including continuing education, where applicable.

There will be no effect on large, small, or micro-businesses. There is no anticipated economic costs to person who are required to comply with the proposed amendment.

Comments on the proposal may be submitted to William H. Kuntz, Jr., Executive Director, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, or facsimile 512/475-2872, or electronically: whkuntz@license.state.tx.us. The deadline for comments is 30 days after publication in the Texas Register .

The new rule is proposed under Senate Bill 279, Acts of the 78th Legislature, Article 1, §1.019 which establishes late renewal fees and requirements and Texas Occupations Code, Chapter 51, §51.201 which requires the Commission to adopt rules as necessary to implement this chapter and §51.202 which requires the Commission to set fees for late license renewals.

The statutory provisions affected by the proposal are: Texas Occupations Code, Chapter 51; Texas Occupations Code, Chapter 1302, Texas Civil Statutes, Article 9102; Texas Occupations Code, Chapter 1802; Health and Safety Code, Chapter 755; Texas Occupations Code, Chapter 2502; Texas Government Code, Chapter 57; Texas Occupations Code, Chapter 2501; Texas Occupations Code, Chapter 1152; Texas Occupations Code, Chapter 1304; Texas Labor Code, Chapter 91; Texas Occupations Code, Chapter 2105; Texas Labor Code, Chapter 92; Texas Civil Statutes, Article 9035; Texas Occupations Code, Chapter 1901; Texas Occupations Code, Chapter 1902; and Texas Civil Statutes, Article 165c.

§60.83.Late Renewal Fees.

(a) A person whose license has been expired for 90 days or less may renew the license by paying a late renewal fee equal to 1 and 1/2 times the normally required renewal fee.

(b) A person whose license has been expired for more than 90 days but less than one year may renew the license by paying a late renewal fee equal to two times the normally required renewal fee.

(c) A person paying a late renewal fee is not required to pay the normally required renewal fee.

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 30, 2003.

TRD-200303989

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Earliest possible date of adoption: August 10, 2003

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


Chapter 62. CAREER COUNSELING SERVICES

16 TAC §62.80

The Texas Department of Licensing and Regulation ("Department") proposes an amendment to an existing rule at 16 Texas Administrative Code, §62.80 concerning late renewal fees and requirements for the career counseling services program.

The proposed amendment deletes the current fee for late renewals and adds language referring to §60.83 of the Department rules for late renewal requirements and fees.

The proposed amendment is necessary to implement Senate Bill 279, Acts of the 78th Legislature, §1.019, which addresses provisions for establishing late license renewal requirements and fees for Department programs, including the career counseling services program.

William H. Kuntz, Jr., Executive Director, has determined that for the first five-year period the amendment is in effect there will be no cost to state or local government as a result of enforcing or administering the rule.

Mr. Kuntz also has determined that for each year of the first five-year period the amendment is in effect, the public benefit will be an increase in timely license renewals for licensees under the Department's jurisdiction. As a result, there will be less unlicensed activity and more individuals who have met the licensing requirements, including continuing education, where applicable.

There will be no effect on large, small, or micro-businesses. There is no anticipated economic costs to persons who are required to comply with the proposed amendment.

Comments on the proposal may be submitted to William H. Kuntz, Jr., Executive Director, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, or facsimile 512/475-2872, or electronically: whkuntz@license.state.tx.us. The deadline for comments is 30 days after publication in the Texas Register .

The amendment is proposed under Senate Bill 279, Acts of the 78th Legislature, Article 1, §1.019 which establishes late renewal fees and requirements and Texas Occupations Code, Chapter 51, §51.201 requires the Commission to adopt rules as necessary to implement this chapter and §51.202 which requires the Commission to set fees for late license renewals.

The statutory provisions affected by the proposal are Texas Occupations Code, Chapter 51 and Texas Occupations Code, Chapter 2502.

§62.80.Fees --Original Certificate of Authority .

(a) (No change.)

(b) Late renewal fees for certificates issued under this chapter are provided for under §60.83 of this title (relating to Late Renewal Fees) [ Late fee--$50 ].

(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 June 30, 2003.

TRD-200303994

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Earliest possible date of adoption: August 10, 2003

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


Chapter 63. PERSONNEL EMPLOYMENT SERVICES

16 TAC §63.81

The Texas Department of Licensing and Regulation ("Department") proposes an amendment to an existing rule at 16 Texas Administrative Code, §63.81, concerning late renewal fees and requirements for the personnel employment services program.

The proposed amendment deletes the current fee for late renewals and adds language referring to §60.83 of the Department rules for late renewal requirements and fees.

The proposed amendment is necessary to implement Senate Bill 279, Acts of the 78th Legislature, §1.019, which addresses provisions for establishing late license renewal requirements and fees for Department programs, including the personnel employment services program.

William H. Kuntz, Jr., Executive Director, has determined that for the first five-year period the amendment is in effect there will be no cost to state or local government as a result of enforcing or administering the rule.

Mr. Kuntz also has determined that for each year of the first five-year period the amendment is in effect, the public benefit will be an increase in timely license renewals for licensees under the Department's jurisdiction. As a result, there will be less unlicensed activity and more individuals who have met the licensing requirements, including continuing education, where applicable.

There will be no effect on large, small, or micro-businesses. There is no anticipated economic costs to persons who are required to comply with the proposed amendment.

Comments on the proposal may be submitted to William H. Kuntz, Jr., Executive Director, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, or facsimile (512) 475-2872, or electronically: whkuntz@license.state.tx.us. The deadline for comments is 30 days after publication in the Texas Register .

The amendment is proposed under Senate Bill 279, Acts of the 78th Legislature, Article 1, §1.019 which establishes late renewal fees and requirements and Texas Occupations Code, Chapter 51, §51.201 requires the Commission to adopt rules as necessary to implement this chapter and §51.202 which requires the Commission to set fees for late license renewals.

The statutory provisions affected by the proposal are Texas Occupations Code, Chapter 51 and Chapter 2501.

§63.81.Fees--Renewal Certificate of Authority.

(a) (No change.)

(b) Late renewal fees for certificates issued under this chapter are provided under §60.83 of this title (relating to Late Renewal Fees) [ A $50 late fee will be charged if the completed renewal application is received after expiration of the current certificate but is postmarked before midnight of the 30th day after the certificate expired ].

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 30, 2003.

TRD-200303996

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Earliest possible date of adoption: August 10, 2003

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


Chapter 64. TEMPORARY COMMON WORKER EMPLOYERS

16 TAC §64.80

The Texas Department of Licensing and Regulation ("Department") proposes an amendment to an existing rule at 16 Texas Administrative Code, §64.80 concerning late renewal fees and requirements for the temporary common worker employers program.

The proposed amendment deletes the current fee for late renewals and adds language referring to §60.83 of the Department rules for late renewal requirements and fees.

The proposed amendment is necessary to implement Senate Bill 279, Acts of the 78th Legislature, §1.019, which addresses provisions for establishing late license renewal requirements and fees for Department programs, including the temporary common worker employers program.

William H. Kuntz, Jr., Executive Director, has determined that for the first five-year period the amendment is in effect there will be no cost to state or local government as a result of enforcing or administering the rule.

Mr. Kuntz also has determined that for each year of the first five-year period the amendment is in effect, the public benefit will be an increase in timely license renewals for licensees under the Department's jurisdiction. As a result, there will be less unlicensed activity and more individuals who have met the licensing requirements, including continuing education, where applicable.

There will be no effect on large, small, or micro-businesses. There is no anticipated economic costs to persons who are required to comply with the proposed amendment.

Comments on the proposal may be submitted to William H. Kuntz, Jr., Executive Director, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, or facsimile 512/475-2872, or electronically: whkuntz@license.state.tx.us. The deadline for comments is 30 days after publication in the Texas Register .

The amendment is proposed under Senate Bill 279, Acts of the 78th Legislature, Article 1, §1.019 which establishes late renewal fees and requirements and Texas Occupations Code, Chapter 51, §51.201 requires the Commission to adopt rules as necessary to implement this chapter and §51.202 which requires the Commission to set fees for late license renewals.

The statutory provisions affected by the proposal are Texas Occupations Code, Chapter 51 and Texas Labor Code, Chapter 92.

§64.80.Fees[ --License ].

(a) - (c) (No change.)

(d) Late renewal fees for licenses issued under this chapter are provided under §60.83 of this title (relating to Late Renewal Fees).

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 30, 2003.

TRD-200304000

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Earliest possible date of adoption: August 10, 2003

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


Chapter 65. BOILER DIVISION

16 TAC §65.80

The Texas Department of Licensing and Regulation ("Department") proposes an amendment to an existing rule at 16 Texas Administrative Code, §65.80 concerning late renewal fees and requirements for the boiler program.

The proposed amendment deletes the current fee for late renewals and adds language referring to §60.83 of the Department rules for late renewal requirements and fees.

The proposed amendment is necessary to implement Senate Bill 279, Acts of the 78th Legislature, §1.019, which addresses provisions for establishing late license renewal requirements and fees for Department programs, including the boiler program.

William H. Kuntz, Jr., Executive Director, has determined that for the first five-year period the amendment is in effect there will be no cost to state or local government as a result of enforcing or administering the rule.

Mr. Kuntz also has determined that for each year of the first five-year period the amendment is in effect, the public benefit will be an increase in timely license renewals for licensees under the Department's jurisdiction. As a result, there will be less unlicensed activity and more individuals who have met the licensing requirements, including continuing education, where applicable.

There will be no effect on large, small, or micro-businesses. There is no anticipated economic costs to persons who are required to comply with the proposed amendment.

Comments on the proposal may be submitted to William H. Kuntz, Jr., Executive Director, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, or facsimile 512/475-2872, or electronically: whkuntz@license.state.tx.us. The deadline for comments is 30 days after publication in the Texas Register .

The amendment is proposed under Senate Bill 279, Acts of the 78th Legislature, Article 1, §1.019 which establishes late renewal fees and requirements and Texas Occupations Code, Chapter 51, §51.201 requires the Commission to adopt rules as necessary to implement this chapter and §51.202 which requires the Commission to set fees for late license renewals.

The statutory provisions affected by the proposal are Texas Occupations Code, Chapter 51 and Texas Health and Safety Code, Chapter 755.

§65.80.Fees.

(a) - (b) (No change.)

(c) Texas Commission fees.

(1) (No change.)

(2) New--$25, renewal--$10[ , late renewal--additional $12.50 (total $22.50) ].

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

(5) Late renewal fees for commissions issued under this chapter are provided under §60.83 of this title (relating to Late Renewal Fees).

(d) (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 June 30, 2003.

TRD-200303993

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Earliest possible date of adoption: August 10, 2003

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


Chapter 66. REGISTRATION OF PROPERTY TAX CONSULTANTS

The Texas Department of Licensing and Regulation ("Department") proposes the repeal of 16 Texas Administrative Code, §66.81 and §66.84 and amendments to §66.20 and §66.80, concerning fees in the property tax consultants program.

The repeal eliminates one section, parts of which are being deleted and parts of which are being modified and moved to another section. The repeal also removes a section concerning registration fee upgrades that is no longer needed with the conversion from a two-year to a one-year licensure period.

Section 66.20 is amended to remove late renewal language that conflicts with the requirements of Senate Bill 279, §1.019 and adds language directing a registrant seeking renewal information to Subchapter H, Chapter 51. Section 66.80 is amended to convert the fees from two year to one year fees and to add a $200 fee increase. In addition, language has been added referring to §60.83 of the Department rules for late renewal requirements and fees.

This proposal is necessary to implement Section 14 of House Bill 3442, which requires the Department to charge a $200 professional fee for registrations and renewals under Chapter 1152 of the Occupations Code. In addition, the proposal is necessary to convert the registration period from two years to one year as required by Senate Bill 279, §12.010 and §12.011. Finally, the proposal is necessary to implement Senate Bill 279, §1.019, which addresses provisions for establishing late renewal requirements and fees for Department programs, including the property tax consultant program.

William H. Kuntz, Jr., Executive Director, has determined that for the first five-year period the amendments and repeal are in effect there will be no cost to state or local government as a result of enforcing or administering the proposal.

Mr. Kuntz also has determined that for each year of the first five-year period the amendments and repeal are in effect, the public benefit will be an increase in timely license renewals for licensees under the Department's jurisdiction. As a result, there will be less unlicensed activity and more individuals who have met the licensing requirements, including continuing education, where applicable.

There will be no effect on large, small, or micro-businesses. The anticipated economic cost to persons registering as property tax consultant's under Chapter 1152 will be $200 per year.

Comments on the proposal may be submitted to William H. Kuntz, Jr., Executive Director, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, or facsimile (512) 475-2872, or electronically: whkuntz@license.state.tx.us. The deadline for comments is 30 days after publication in the Texas Register .

16 TAC §66.20, §66.80

The amendments are proposed under House Bill 3442, which requires the Department to charge a $200 professional fee for registrations and renewals under Chapter 1152 of the Occupations Code; Senate Bill 279, Acts of the 78th Legislature, Article 1, §1.019 which establishes late renewal fees and requirements; Texas Occupations Code, Chapter 51, §51.201 which requires the Commission to adopt rules as necessary to implement this chapter; and §51.202 which requires the Commission to set fees for late license renewals.

The statutory provisions affected by the proposal are Texas Occupations Code, Chapter 51 and Chapter 1302.

§66.20.Registration Requirements--General.

(a) - (b) (No change.)

(c) An individual whose registration has expired may renew the registration in accordance with the renewal provisions in Texas Occupations Code, Chapter 51, Subchapter H [ up to one year from the expiration date by paying the unpaid renewal fees plus a late registration renewal fee without having to meet the original application requirements ].

(d) - (g) (No change.)

§66.80.Fees[ --Original Registration ].

(a) The non-refundable original application fee for a property tax consultant is $100.

(b) The non-refundable original application fee for a senior property tax consultant is $150.

(c) The refundable registration fee for a property tax consultant is $225. This fee includes a $200 professional fee [ $50 ].

(d) The refundable registration fee for a senior property tax consultant is $240. This fee includes a $200 professional fee [ $75 ].

(e) The fee for the timely renewal of a property tax consultant's, senior property tax consultant's, and real estate property tax consultant's registration is $275. This fee includes a $200 professional fee.

(f) The professional fee is assessed under the authority of §1152.053 of the Texas Occupations Code.

(g) Late renewal fees for registrations issued under this chapter are provided for in §60.83 of this title (relating to Late Renewal Fees).

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 30, 2003.

TRD-200304005

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Earliest possible date of adoption: August 10, 2003

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


16 TAC §66.81, §66.84

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Department of Licensing and Regulation or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The repeal is proposed under Senate Bill 279, Acts of the 78th Legislature, Article 1, §1.019 which establishes late renewal fees and requirements and Texas Occupations Code, Chapter 51, §51.201 which requires the Commission to adopt rules as necessary to implement this chapter and §51.202 which requires the Commission to set fees for late license renewals.

The statutory provisions affected by the proposal are Texas Occupations Code, Chapter 51 and Chapter 1152.

§66.81.Fees--Renewal

§66.84.Fees--Registration Upgrade

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 30, 2003.

TRD-200304004

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Earliest possible date of adoption: August 10, 2003

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


Chapter 67. AUCTIONEERS

16 TAC §67.81

The Texas Department of Licensing and Regulation ("Department") proposes an amendment to an existing rule at 16 Texas Administrative Code, §67.81 concerning late renewal fees and requirements for the auctioneers program.

The proposed amendment deletes the current fee for late renewals and adds language referring to §60.83 of the Department rules for late renewal requirements and fees.

The proposed amendment is necessary to implement Senate Bill 279, Acts of the 78th Legislature, §1.019, which addresses provisions for establishing late license renewal requirements and fees for Department programs, including the auctioneers program.

William H. Kuntz, Jr., Executive Director, has determined that for the first five-year period the amendment is in effect there will be no cost to state or local government as a result of enforcing or administering the rule.

Mr. Kuntz also has determined that for each year of the first five-year period the amendment is in effect, the public benefit will be an increase in timely license renewals for licensees under the Department's jurisdiction. As a result, there will be less unlicensed activity and more individuals who have met the licensing requirements, including continuing education, where applicable.

There will be no effect on large, small, or micro-businesses. There is no anticipated economic costs to persons who are required to comply with the proposed amendment.

Comments on the proposal may be submitted to William H. Kuntz, Jr., Executive Director, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, or facsimile 512/475-2872, or electronically: whkuntz@license.state.tx.us. The deadline for comments is 30 days after publication in the Texas Register .

The amendment is proposed under Senate Bill 279, Acts of the 78th Legislature, Article 1, §1.019 which establishes late renewal fees and requirements and Texas Occupations Code, Chapter 51, §51.201 requires the Commission to adopt rules as necessary to implement this chapter and §51.202 which requires the Commission to set fees for late license renewals.

The statutory provisions affected by the proposal are Texas Occupations Code, Chapter 51 and Texas Occupations Code, Chapter 1802.

§67.81.Fees--Renewal.

(a) - (b) (No change.)

(c) Late renewal fees for licenses issued under this chapter are provided under §60.83 of this title (relating to Late Renewal Fees) [ A late fee of $50 will be charged for renewal applications postmarked between midnight of the day a current license expires and midnight of the 30th day after the expiration ].

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 30, 2003.

TRD-200303992

William H. Kuntz, Jr.

Executive Commissioner

Texas Department of Licensing and Regulation

Earliest possible date of adoption: August 10, 2003

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


Chapter 68. ARCHITECTURAL BARRIERS

16 TAC §68.80

The Texas Department of Licensing and Regulation ("Department") proposes an amendment to an existing rule at 16 Texas Administrative Code, §68.80 concerning late renewal fees and requirements for the architectural barriers program.

The proposed amendment deletes the current fee for late renewals and adds language referring to §60.83 of the Department rules for late renewal requirements and fees.

The proposed amendment is necessary to implement Senate Bill 279, Acts of the 78th Legislature, §1.019, which addresses provisions for establishing late license renewal requirements and fees for Department programs, including the architectural barriers program.

William H. Kuntz, Jr., Executive Director, has determined that for the first five-year period the amendment is in effect there will be no cost to state or local government as a result of enforcing or administering the rule.

Mr. Kuntz also has determined that for each year of the first five-year period the amendment is in effect, the public benefit will be an increase in timely license renewals for licensees under the Department's jurisdiction. As a result, there will be less unlicensed activity and more individuals who have met the licensing requirements, including continuing education, where applicable.

There will be no effect on large, small, or micro-businesses. There is no anticipated economic costs to persons who are required to comply with the proposed amendment.

Comments on the proposal may be submitted to William H. Kuntz, Jr., Executive Director, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, or facsimile 512/475-2872, or electronically: whkuntz@license.state.tx.us. The deadline for comments is 30 days after publication in the Texas Register .

The amendment is proposed under Senate Bill 279, Acts of the 78th Legislature, Article 1, §1.019 which establishes late renewal fees and requirements and Texas Occupations Code, Chapter 51, §51.201 requires the Commission to adopt rules as necessary to implement this chapter and §51.202 which requires the Commission to set fees for late license renewals.

The statutory provisions affected by the proposal are Texas Occupations Code, Chapter 51 and Texas Civil Statutes, Article 9102.

§68.80.Fees.

(a) - (e) (No change.)

(f) Late renewal fees for registrations issued under this chapter are provided under §60.83 of this title (relating to Late Renewal Fees).

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 30, 2003.

TRD-200303991

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Earliest possible date of adoption: August 10, 2003

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


Chapter 71. WARRANTORS OF VEHICLE PROTECTION PRODUCTS

16 TAC §71.80

The Texas Department of Licensing and Regulation ("Department") proposes an amendment to an existing rule at 16 Texas Administrative Code, §71.80 concerning late renewal fees and requirements for the warrantors of vehicle protection products program.

The proposed amendment deletes the current fee for late renewals and adds language referring to §60.83 of the Department rules for late renewal requirements and fees.

The proposed amendment is necessary to implement Senate Bill 279, Acts of the 78th Legislature, §1.019, which addresses provisions for establishing late license renewal requirements and fees for Department programs, including the warrantors of vehicle protection products program.

William H. Kuntz, Jr., Executive Director, has determined that for the first five-year period the amendment is in effect there will be no cost to state or local government as a result of enforcing or administering the rule.

Mr. Kuntz also has determined that for each year of the first five-year period the amendment is in effect, the public benefit will be an increase in timely license renewals for licensees under the Department's jurisdiction. As a result, there will be less unlicensed activity and more individuals who have met the licensing requirements, including continuing education, where applicable.

There will be no effect on large, small, or micro-businesses. There is no anticipated economic costs to persons who are required to comply with the proposed amendment.

Comments on the proposal may be submitted to William H. Kuntz, Jr., Executive Director, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, or facsimile 512/475-2872, or electronically: whkuntz@license.state.tx.us. The deadline for comments is 30 days after publication in the Texas Register .

The amendment is proposed under Senate Bill 279, Acts of the 78th Legislature, Article 1, §1.019 which establishes late renewal fees and requirements and Texas Occupations Code, Chapter 51, §51.201 requires the Commission to adopt rules as necessary to implement this chapter and §51.202 which requires the Commission to set fees for late license renewals.

The statutory provisions affected by the proposal are Texas Occupations Code, Chapter 51 and Texas Civil Statutes, Article 9035.

§71.80.Fees.

(a) - (c) (No change.)

(d) Late renewal fees for registrations issued under this chapter are provided under §60.83 of this title (relating to Later Renewal Fees).

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 30, 2003.

TRD-200304001

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Earliest possible date of adoption: August 10, 2003

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


Chapter 72. STAFF LEASING SERVICES

16 TAC §72.81

The Texas Department of Licensing and Regulation ("Department") proposes an amendment to an existing rule at 16 Texas Administrative Code, §72.81, concerning late renewal fees and requirements for the staff leasing services program.

The proposed amendment deletes the current fee for late renewals and adds language referring to §60.83 of the Department rules for late renewal requirements and fees.

The proposed amendment is necessary to implement Senate Bill 279, Acts of the 78th Legislature, §1.019, which addresses provisions for establishing late license renewal requirements and fees for Department programs, including the staff leasing services program.

William H. Kuntz, Jr., Executive Director, has determined that for the first five-year period the amendment is in effect there will be no cost to state or local government as a result of enforcing or administering the rule.

Mr. Kuntz also has determined that for each year of the first five-year period the amendment is in effect, the public benefit will be an increase in timely license renewals for licensees under the Department's jurisdiction. As a result, there will be less unlicensed activity and more individuals who have met the licensing requirements, including continuing education, where applicable.

There will be no effect on large, small, or micro-businesses. There is no anticipated economic costs to persons who are required to comply with the proposed amendment.

Comments on the proposal may be submitted to William H. Kuntz, Jr., Executive Director, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, or facsimile (512) 475-2872, or electronically: whkuntz@license.state.tx.us. The deadline for comments is 30 days after publication in the Texas Register .

The amendment is proposed under Senate Bill 279, Acts of the 78th Legislature, Article 1, §1.019 which establishes late renewal fees and requirements and Texas Occupations Code, Chapter 51, §51.201 requires the Commission to adopt rules as necessary to implement this chapter and §51.202 which requires the Commission to set fees for late license renewals.

The statutory provisions affected by the proposal are Texas Occupations Code, Chapter 51 and Texas Labor Code, Chapter 91.

§72.81.Fees--Licensing.

(a) - (b) (No change.)

(c) Late renewal fees for licenses issued under this chapter are provided under §60.83 of this title (relating to Late Renewal Fees).

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 30, 2003.

TRD-200303998

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Earliest possible date of adoption: August 10, 2003

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


Chapter 75. AIR CONDITIONING AND REFRIGERATION CONTRACTOR LICENSE LAW

16 TAC §75.80

The Texas Department of Licensing and Regulation ("Department") proposes an amendment to an existing rule at 16 Texas Administrative Code, §75.80 concerning late renewal fees and requirements for the air conditioning and refrigeration contractor program.

The proposed amendment deletes the current fee for late renewals and adds language referring to §60.83 of the Department rules for late renewal requirements and fees.

The proposed amendment is necessary to implement Senate Bill 279, Acts of the 78th Legislature, §1.019, which addresses provisions for establishing late license renewal requirements and fees for Department programs, including the air conditioning and refrigeration contractor program.

William H. Kuntz, Jr., Executive Director, has determined that for the first five-year period the amendment is in effect there will be no cost to state or local government as a result of enforcing or administering the rule.

Mr. Kuntz also has determined that for each year of the first five-year period the amendment is in effect, the public benefit will be an increase in timely license renewals for licensees under the Department's jurisdiction. As a result, there will be less unlicensed activity and more individuals who have met the licensing requirements, including continuing education, where applicable.

There will be no effect on large, small, or micro-businesses. There is no anticipated economic costs to persons who are required to comply with the proposed amendment.

Comments on the proposal may be submitted to William H. Kuntz, Jr., Executive Director, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, or facsimile 512/475-2872, or electronically: whkuntz@license.state.tx.us. The deadline for comments is 30 days after publication in the Texas Register .

The amendment is proposed under Senate Bill 279, Acts of the 78th Legislature, Article 1, §1.019 which establishes late renewal fees and requirements and Texas Occupations Code, Chapter 51, §51.201 requires the Commission to adopt rules as necessary to implement this chapter and §51.202 which requires the Commission to set fees for late license renewals.

The statutory provisions affected by the proposal are Texas Occupations Code, Chapter 51 and Texas Occupations Code, Chapter 1302.

§75.80.Fees.

(a) - (b) (No change.)

(c) License fees are:

(1) initial license is $125 and [ ; ]

(2) renewal fee is $125[ ; and ]

[ (3) late renewal fee is $50].

(d) - (f) (No change.)

(g) Late renewal fees for licenses and registrations issued under this chapter are provided under §60.83 of this title (relating to Late Renewal Fees).

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 30, 2003.

TRD-200303990

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Earliest possible date of adoption: August 10, 2003

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


Chapter 76. WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS

16 TAC §76.204

The Texas Department of Licensing and Regulation ("Department") proposes an amendment to an existing rule at 16 Texas Administrative Code, §76.204 concerning late renewal fees and requirements for the water well drillers and water well pump installers program.

The proposed amendment deletes the current fee for late renewals and adds language referring to §60.83 of the Department rules for late renewal requirements and fees.

The proposed amendment is necessary to implement Senate Bill 279, Acts of the 78th Legislature, §1.019, which addresses provisions for establishing late license renewal requirements and fees for Department programs, including the water well drillers and water well pump installers program.

William H. Kuntz, Jr., Executive Director, has determined that for the first five-year period the amendment is in effect there will be no cost to state or local government as a result of enforcing or administering the rule.

Mr. Kuntz also has determined that for each year of the first five-year period the amendment is in effect, the public benefit will be an increase in timely license renewals for licensees under the Department's jurisdiction. As a result, there will be less unlicensed activity and more individuals who have met the licensing requirements, including continuing education, where applicable.

There will be no effect on large, small, or micro-businesses. There is no anticipated economic costs to persons who are required to comply with the proposed amendment.

Comments on the proposal may be submitted to William H. Kuntz, Jr., Executive Director, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, or facsimile 512/475-2872, or electronically: whkuntz@license.state.tx.us. The deadline for comments is 30 days after publication in the Texas Register .

The amendment is proposed under Senate Bill 279, Acts of the 78th Legislature, Article 1, §1.019 which establishes late renewal fees and requirements and Texas Occupations Code, Chapter 51, §51.201 requires the Commission to adopt rules as necessary to implement this chapter and §51.202 which requires the Commission to set fees for late license renewals.

The statutory provisions affected by the proposal are Texas Occupations Code, Chapter 51 and Texas Occupations Code, Chapter 1901 and 1902.

§76.204.License and Apprentice Registration Renewal.

(a) - (b) (No change.)

(c) Late renewal fees for registrations issued under this chapter are provided under §60.83 of this title (relating to Late Renewal Fees) [ If a person's license or registration is expired 90 days or less, the person may renew the license or registration by paying the Department the required renewal fee and a late fee equal to one-half the license or registration fee ].

[ (d) If a person's license or registration is expired for more than 90 days but less than two years, the person may be eligible for a license or registration reissuance by paying all renewal fees and a late fee that is equal to the license or registration fee.]

[ (e) If a person's license or registration has been expired for two years or more, the person may not renew the license or registration, but may apply for a new license or registration.]

(d) [ (f) ] A person's registration will not be renewed unless their supervisor's well driller or pump installer license is current.

(e) [ (g) ] Requests to waive the Continuing Education requirements because the license holder does not supervise, contract with the public, or has retired from the drilling or pump service industry shall:

(1) be submitted in writing to the Department;

(2) contain a detailed explanation of the conditions under which the waiver is requested; and

(3) must be accompanied by the renewal fee.

(f) [ (h) ] To re-instate a driller license to supervise and/or contract with the public, the driller must submit four hours of continuing education.

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 30, 2003.

TRD-200304002

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Earliest possible date of adoption: August 10, 2003

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


Chapter 77. SERVICE CONTRACT PROVIDERS

16 TAC §77.80

The Texas Department of Licensing and Regulation ("Department") proposes an amendment to an existing rule at 16 Texas Administrative Code, §77.80, concerning late renewal fees and requirements for the service contract providers program.

The proposed amendment deletes the current fee for late renewals and adds language referring to §60.83 of the Department rules for late renewal requirements and fees.

The proposed amendment is necessary to implement Senate Bill 279, Acts of the 78th Legislature, §1.019, which addresses provisions for establishing late license renewal requirements and fees for Department programs, including the service contract providers program.

William H. Kuntz, Jr., Executive Director, has determined that for the first five-year period the amendment is in effect there will be no cost to state or local government as a result of enforcing or administering the rule.

Mr. Kuntz also has determined that for each year of the first five-year period the amendment is in effect, the public benefit will be an increase in timely license renewals for licensees under the Department's jurisdiction. As a result, there will be less unlicensed activity and more individuals who have met the licensing requirements, including continuing education, where applicable.

There will be no effect on large, small, or micro-businesses. There is no anticipated economic costs to persons who are required to comply with the proposed amendment.

Comments on the proposal may be submitted to William H. Kuntz, Jr., Executive Director, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, or facsimile (512) 475-2872, or electronically: whkuntz@license.state.tx.us. The deadline for comments is 30 days after publication in the Texas Register .

The amendment is proposed under Senate Bill 279, Acts of the 78th Legislature, Article 1, §1.019 which establishes late renewal fees and requirements and Texas Occupations Code, Chapter 51, §51.201 requires the Commission to adopt rules as necessary to implement this chapter and §51.202 which requires the Commission to set fees for late license renewals.

The statutory provisions affected by the proposal are Texas Occupations Code, Chapter 51 and Chapter 1304.

§77.80.Fees--Registration.

(a) - (c) (No change.)

(d) Late renewal fees for registrations issued under this chapter are provided under §60.83 of this title (relating to Late Renewal Fees).

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 30, 2003.

TRD-200303997

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Earliest possible date of adoption: August 10, 2003

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


Chapter 78. TALENT AGENCIES

16 TAC §78.80

The Texas Department of Licensing and Regulation ("Department") proposes an amendment to an existing rule at 16 Texas Administrative Code, §78.80 concerning late renewal fees and requirements for the talent agencies program.

The proposed amendment deletes the current fee for late renewals and adds language referring to §60.83 of the Department rules for late renewal requirements and fees.

The proposed amendment is necessary to implement Senate Bill 279, Acts of the 78th Legislature, §1.019, which addresses provisions for establishing late license renewal requirements and fees for Department programs, including the talent agencies program.

William H. Kuntz, Jr., Executive Director, has determined that for the first five-year period the amendment is in effect there will be no cost to state or local government as a result of enforcing or administering the rule.

Mr. Kuntz also has determined that for each year of the first five-year period the amendment is in effect, the public benefit will be an increase in timely license renewals for licensees under the Department's jurisdiction. As a result, there will be less unlicensed activity and more individuals who have met the licensing requirements, including continuing education, where applicable.

There will be no effect on large, small, or micro-businesses. There is no anticipated economic costs to persons who are required to comply with the proposed amendment.

Comments on the proposal may be submitted to William H. Kuntz, Jr., Executive Director, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, or facsimile 512/475-2872, or electronically: whkuntz@license.state.tx.us. The deadline for comments is 30 days after publication in the Texas Register .

The amendment is proposed under Senate Bill 279, Acts of the 78th Legislature, Article 1, §1.019 which establishes late renewal fees and requirements and Texas Occupations Code, Chapter 51, §51.201 requires the Commission to adopt rules as necessary to implement this chapter and §51.202 which requires the Commission to set fees for late license renewals.

The statutory provisions affected by the proposal are Texas Occupations Code, Chapter 51 and Texas Occupations Code, Chapter 2105.

§78.80.Fees--Original Registration and Renewal.

(a) - (c) (No change.)

(d) Late renewal fees for certificates issued under this chapter are provided for under §60.83 of this title (relating to Late Renewal Fees) [ A late fee of $50 will be charged for renewal applications postmarked between midnight of the date the current certificate of registration expires and midnight of the 30th day after the expiration ].

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 30, 2003.

TRD-200303999

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Earliest possible date of adoption: August 10, 2003

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


Chapter 79. WEATHER MODIFICATION

16 TAC §79.15

The Texas Department of Licensing and Regulation ("Department") proposes an amendment to an existing rule at 16 Texas Administrative Code, §79.15, concerning late renewal fees and requirements for the weather modification program.

The proposed amendment deletes the current fee for late renewals and adds language referring to §60.83 of the Department rules for late renewal requirements and fees.

The proposed amendment is necessary to implement Senate Bill 279, Acts of the 78th Legislature, §1.019, which addresses provisions for establishing late license renewal requirements and fees for Department programs, including the weather modification program.

William H. Kuntz, Jr., Executive Director, has determined that for the first five-year period the amendment is in effect there will be no cost to state or local government as a result of enforcing or administering the rule.

Mr. Kuntz also has determined that for each year of the first five-year period the amendment is in effect, the public benefit will be an increase in timely license renewals for licensees under the Department's jurisdiction. As a result, there will be less unlicensed activity and more individuals who have met the licensing requirements, including continuing education, where applicable.

There will be no effect on large, small, or micro-businesses. There is no anticipated economic costs to persons who are required to comply with the proposed amendment.

Comments on the proposal may be submitted to William H. Kuntz, Jr., Executive Director, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, or facsimile (512) 475-2872, or electronically: whkuntz@license.state.tx.us. The deadline for comments is 30 days after publication in the Texas Register .

The amendment is proposed under Senate Bill 279, Acts of the 78th Legislature, Article 1, §1.019 which establishes late renewal fees and requirements and Texas Occupations Code, Chapter 51, §51.201 requires the Commission to adopt rules as necessary to implement this chapter and §51.202 which requires the Commission to set fees for late license renewals.

The statutory provisions affected by the proposal are Texas Occupations Code, Chapter 51 and Texas Civil Statutes, Article 165c.

§79.15.Renewal of License.

(a) - (c) (No change.)

(d) Late renewal fees for licenses issued under this chapter are provided for under §60.83 of this title (relating to Late Renewal Fees).

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 30, 2003.

TRD-200304003

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Earliest possible date of adoption: August 10, 2003

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


Chapter 80. LICENSED COURT INTERPRETERS

16 TAC §80.25, §80.80

The Texas Department of Licensing and Regulation ("Department") proposes amendments to existing rules at 16 Texas Administrative Code, §80.25 and §80.80, concerning late renewal fees and requirements for the licensed court interpreters program.

The proposed amendments delete the current fee for late renewals and add language referring to §60.83 of the Department rules for late renewal requirements and fees.

The proposed amendments are necessary to implement Senate Bill 279, Acts of the 78th Legislature, §1.019, which address provisions for establishing late license renewal requirements and fees for Department programs, including the licensed court interpreters program.

William H. Kuntz, Jr., Executive Director, has determined that for the first five-year period the amendments are in effect there will be no cost to state or local government as a result of enforcing or administering the rules.

Mr. Kuntz also has determined that for each year of the first five-year period the amendments are in effect, the public benefit will be an increase in timely license renewals for licensees under the Department's jurisdiction. As a result, there will be less unlicensed activity and more individuals who have met the licensing requirements, including continuing education, where applicable.

There will be no effect on large, small, or micro-businesses. There is no anticipated economic costs to persons who are required to comply with the proposed amendments.

Comments on the proposal may be submitted to William H. Kuntz, Jr., Executive Director, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, or facsimile (512) 475-2872, or electronically: whkuntz@license.state.tx.us. The deadline for comments is 30 days after publication in the Texas Register .

The amendments are proposed under Senate Bill 279, Acts of the 78th Legislature, Article 1, §1.019 which establish late renewal fees and requirements and Texas Occupations Code, Chapter 51, §51.201 require the Commission to adopt rules as necessary to implement this chapter and §51.202 which require the Commission to set fees for late license renewals.

The statutory provisions affected by the proposal are Texas Occupations Code, Chapter 51 and Texas Government Code, Chapter 57.

§80.25.License Requirements--Renewal.

(a) - (c) (No change.)

[(d) A license that has expired for a period of less than one year may be reissued upon meeting the conditions of a license renewal, as outlined in this section, and payment of required fees, including the renewal fee and the late renewal fee.]

§80.80.Fees.

(a) - (e) (No change.)

(f) Late renewal fees for licenses issued under this chapter are provided under §60.83 of this title (relating to Late Renewal Fees).

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 30, 2003.

TRD-200303995

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Earliest possible date of adoption: August 10, 2003

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