TITLE 16.ECONOMIC REGULATION

Part 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION

Chapter 62. CAREER COUNSELING SERVICES

The Texas Department of Licensing and Regulation ("Department") adopts amendments to existing rules at 16 Texas Administrative Code, §§62.1, 62.10, 62.40, and 62.90 and the repeal of §62.91 regarding the career counseling services program as published in the December 5, 2003, issue of the Texas Register (28 TexReg 10856), without changes and will not be republished.

The amendments are made to give effect to statutory changes made by the 78th Legislature by changing the word "commissioner" to "executive director" and updating statutory references. Section 62.40 is amended to clarify that in the event of bond cancellation, a certificate of authority holder must continue to meet the §62.40 security requirements. The repeal removes §62.91 regarding sanctions because the procedures for an administrative hearing are defined in the Government Code and in other rules regarding department procedures.

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

16 TAC §§62.1, 62.10, 62.40, 62.90

The amendments are adopted under Texas Occupations Code, Chapters 51, 53 and 2502, which authorizes the Department to adopt rules as necessary to implement this chapter and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51, 53, and 2502. 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 January 12, 2004.

TRD-200400182

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Effective date: February 1, 2004

Proposal publication date: December 5, 2003

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


16 TAC §62.91

The repeal is adopted under Texas Occupations Code, Chapters 51, 53 and 2502, which authorizes the Department to adopt rules as necessary to implement this chapter and any other law establishing a program regulated by the Department.

The statutory provisions affected by the repeal are those set forth in Texas Occupations Code, Chapters 51, 53, and 2502. No other statutes, articles, or codes are affected by the repeal.

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 January 12, 2004.

TRD-200400183

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Effective date: February 1, 2004

Proposal publication date: December 5, 2003

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


Chapter 63. PERSONNEL EMPLOYMENT SERVICES

The Texas Department of Licensing and Regulation ("Department") adopts the repeal of 16 Texas Administrative Code, §63.60 and §63.91 and amendments to existing §§63.1, 63.10, 63.21, 63.40, and 63.90, regarding the personnel employment services program as published in the November 21, 2003, issue of the Texas Register (28 TexReg 10366), without changes and will not be republished.

The repeal removes §63.60, concerning renewal notices because the Department in administering all Department-issued licenses, provides certificate of authority holders at lease 60 days notice prior to expiration and §63.91, regarding sanctions because the procedures for an administrative hearing are defined in the Government Code and in other rules regarding department procedures. Section 63.40 is amended to clarify that in the event of bond cancellation, a certificate of authority holder must continue to meet the §63.40 security requirements. The amendments are made to give effect to statutory changes made by the 78th Legislature by changing the word "commissioner" to "executive director" and updating statutory references.

The Department drafted and distributed the proposal to persons internal and external to the agency. No comments were received.

16 TAC §§63.1, 63.10, 63.21, 63.40, 63.90

The amendments are adopted under Texas Occupations Code, Chapters 51, 53 and 2501, which authorizes the Department to adopt rules as necessary to implement this chapter and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51, 53, and 2501. 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 January 12, 2004.

TRD-200400178

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Effective date: February 1, 2004

Proposal publication date: November 21, 2003

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


16 TAC §63.60, §63.91

The repeals are adopted under Texas Occupations Code, Chapters 51, 53, and 2501 which authorizes the Department to adopt rules as necessary to implement this chapter and any other law establishing a program regulated by the Department.

The statutory provisions affected by these repeals are those set forth in Texas Occupations Code, Chapters 51, 53, and 2501. No other statutes, articles, or codes are affected by the repeals.

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 January 12, 2004.

TRD-200400179

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Effective date: February 1, 2004

Proposal publication date: November 21, 2003

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


Chapter 80. LICENSED COURT INTERPRETERS

The Texas Department of Licensing and Regulation ("Department") adopts the repeal of 16 Texas Administrative Code, §80.24 and amendments to existing rules, §§80.10, 80.22, and 80.90 regarding the licensed court interpreters program as published in the November 28, 2003, issue of the Texas Register (28 TexReg 10614), without changes and will not be republished.

The repeal removes §80.24 concerning waiver of examination requirements because the time period for applying for a waiver of the examination, as established in House Bill 2735, Section 5, 77th Legislative Session, has expired.

The amendments to §80.10 remove definitions that are not needed because Senate Bill 279 of the 78th Legislature removed references to the word "commissioner." The amendments to §80.22 remove a reference to §80.24, which is proposed for repeal. The amendments to §80.90 remove unnecessary language from a reference to Chapter 60 of the Department’s rules.

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

16 TAC §§80.10, 80.22, 80.90

The amendments are adopted under Texas Government Code, Chapter 57 and Occupations Code, Chapter 51, which authorizes the Department to adopt rules as necessary to implement this chapter and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adoption are those set forth in Texas Government Code, Chapter 57 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 January 12, 2004.

TRD-200400180

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Effective date: February 1, 2004

Proposal publication date: November 28, 2003

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


16 TAC §80.24

The repeal is adopted under Texas Government Code, Chapter 57 and Occupations Code, Chapter 51, which authorizes the Department to adopt rules as necessary to implement this chapter and any other law establishing a program regulated by the Department.

The statutory provisions affected by the repeal are those set forth in Texas Government Code, Chapter 57 and Texas Occupations Code, Chapter 51. No other statutes, articles, or codes are affected by the repeal.

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 January 12, 2004.

TRD-200400181

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Effective date: February 1, 2004

Proposal publication date: November 28, 2003

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