Part 19. POLYGRAPH EXAMINERS BOARD

Chapter 391. POLYGRAPH EXAMINER INTERNSHIP

22 TAC §391.10

The Polygraph Examiners Board proposes an amendment to §391.10, concerning Polygraph Examiner Internship.

The section is being amended to change punctuation and a legal citation.

Frank DiTucci, Executive Officer, Polygraph Examiners Board, has determined that the amendment will not result in any fiscal implications to the state or to units of local government for the first five year period.

Mr. DiTucci also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be an up to date rule containing the correct legal citation. There will be no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the rule as proposed.

Comments on the amendment may be submitted to: Frank DiTucci, Executive Officer, Polygraph Examiners Board, P.O. Box 4087, Austin, Texas 78773-0001.

The amendment is proposed under the Polygraph Examiners Act, Texas Occupations Code, Chapter 1703, which provides the board with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of the Polygraph Examiners Act, Texas Occupations Code, Chapter 1703.

No other statute, code or article is affected by the amendment.

§391.10.Procedures and Qualifications of Current and Former Governmental Polygraph Examiners.

(a) All provisions of the Polygraph Examiners Act and Chapters 391, 393, 395 and 397 of that Act apply to applicants that are current or former governmental polygraph examiners except as follows:

(1) In lieu of a six month or twelve month internship program as defined in [ §8(a)(3) of ] the Act, an applicant who is serving, or within two years prior to the date the applicant's application was received in the Board's office , has served [ , ] as a polygraph examiner in a governmental agency, may qualify to sit for a licensing examination by providing to the Board appropriate documentation showing that the applicant satisfies each of the following conditions:

(A) That the applicant graduated from a polygraph course that is approved by the Board; and

(B) That the applicant is, or was, authorized by his/her governmental agency to conduct polygraph examinations for that agency for a period of at least six months or longer; and that he/she completed his/her internship and or certification requirements of his/her governmental agency; and has conducted a minimum of fifty (50) polygraph examinations; and

(C) That the applicant participated in a quality control program administered by his/her governmental agency which quality control program reviewed 100% of the applicant's polygraph examinations; and

(D) That the applicant was not the subject of any action on the part of his/her governmental agency that removed the applicant's polygraph authorization during the course of the applicant's employment; and

(E) That the Board obtains in writing from the applicant's polygraph program manager that the applicant qualifies under subparagraphs (A)-(D) of this paragraph.

(2) All other provisions for a current or former governmental polygraph examiner applying for a Texas Polygraph Examiners License shall remain the same as currently stated in the Polygraph Examiners Act and only the definition of the "internship" is hereby modified.

(b) The provisions of §391.10 are intended to cover the issuance of a Texas Polygraph Examiner's License to a current and/or former governmental polygraph examiner, regardless of their residency, for polygraph testing in the State of Texas only.

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 28, 2004.

TRD-200403617

Frank DiTucci

Executive Director

Polygraph Examiners Board

Earliest possible date of adoption: July 11, 2004

For further information, please call: (512) 424-2058

Chapter 593. LICENSES

22 TAC §593.7

The Texas Structural Pest Control Board proposes an amendment to 22 TAC §593.7 concerning fees. The proposal will add an additional $5.00 cost to all new licenses issued by the Board. The new fee cost will be used to cover the costs of Texas Online.

Dale Burnett, Executive Director, has determined that there will be fiscal implications as result of enforcing or administering the rule. There is no estimated additional cost or estimate reduction in cost for state government. There will be an estimated increase in revenue to state government for the first five-year period the rule will be in effect. There will be no estimated additional cost, estimated reduction in cost or estimated increase in revenue on local government for the first five-year period the rule will be in effect. The cost of compliance with the rule for small businesses will be an increase of $5, from $175.00 to $180.00 for a business license. Additional cost will depend upon the number of employees and the category of licensing of each employee. The cost comparison per employee is indeterminate for small or large businesses affected by the rule. There will be no comparison per hour of labor or cost per $100 of sales for small or large businesses affected by the rule.

Dale Burnett, Executive Director, has determined that for each of the first five years the rule as proposed is in effect, the public benefits anticipated as a result of enforcing the rule as proposed will be able to meet revenue requirement as set forth by the Texas Legislature. There is an anticipated economic cost to individuals who are required to comply with the rule as proposed.

Comments on the proposal may be submitted to Frank M. Crull, General Counsel, Structural Pest Control Board, P.O. Box 1927, Austin, TX 78767.

The amendment is proposed under the Texas Occupations Code, Chapter 1951, which provides the Structural Pest Control Board with the authority to license and regulate the structural pest control industry.

No other statute, code or article is affected by this proposal.

§593.7.Fees.

(a) Applicants, licensees and continuing education providers will be charged the following fees:

(1) $180 [ $175 ] for an original [ or renewal of ] business license;

(2) $175 for renewal of a business license; [ $80 for an original or renewal of a certified applicators license; ]

(3) $85 for an original certified applicators license; [ $60 for an original or renewal of a technician license; ]

(4) $80 for renewal of a certified applicators license; [ $30 for duplicate business license, certified applicator license or technician license when the original has been lost or destroyed; ]

(5) $65 for an original technician license; [ $30 for reissuing a business license, certified applicators license or technician license due to a name change in the license; ]

(6) $60 for an renewal of a technician license; [ $40 for administering exams in each category; ]

(7) $30 for duplicate business license, certified applicator license or technician license when the original has been lost or destroyed; [ $37.50 for late renewal fee for up to thirty (30) days late; ]

(8) $30 for reissuing a business license, certified applicators license or technician license due to a name change in the license; [ $75 for late renewal fee for thirty one (31)-sixty (60) days late; ]

(9) $40 for administering exams in each category; [ $40 for continuing education course. ]

(10) $37.50 for late renewal fee for up to thirty (30) days late;

(11) $75 for late renewal fee for thirty one (31)-sixty (60) days late; and

(12) $40 for continuing education course.

(b) The following fees are based on increments of six (6) months.

(1) Business License Fees

(A) Issued [ /Renewed ] for 1-6 months $92.50 [ $87.50 ]

(B) [ Issued/ ] Renewed for 1-6 [ 7-12 ] months 87.50 [ $175.00 ]

(C) Issued [ /Renewed ] for 7-12 [ 13-18 ] months $180.00 [ $262.50 ]

(D) Renewal for 7-12 months $175.00

(E) Issued for 13-18 months $262.50

(F) Renewal for 13-18 months $262.50

(2) Certified Applicator License Fees

(A) Issued [ /Renewed ] for 1-6 months $45.00 [ $40.00 ]

(B) [ Issued/ ] Renewed for 1-6 [ 7-12 ] months $40.00 [ $80.00 ]

(C) Issued [ /Renewed ] for 7-12 [ 13-18 ] months $85.00 [ $120.00 ]

(D) Renewal for 7-12 months $80.00

(E) Issued for 13-18 months $120.00

(F) Renewal for 13-18 months $125.00

(3) Technician License Fees

(A) Issued [ /Renewed ] for 1-6 months $35.00 [ $30.00 ]

(B) [ Issued/ ] Renewed for 1-6 [ 7-12 ] months $30.00 [ $60.00 ]

(C) Issued [ /Renewed ] for 7-12 [ 13-18 ] months $65.00 [ $90.00 ]

(D) Renewal for 7-12 months $60.00

(E) Issued for 13-18 months $95.00

(F) Renewal for 13-18 months $90.00

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 25, 2004.

TRD-200403540

Dale Burnett

Executive Director

Structural Pest Control Board

Earliest possible date of adoption: July 11, 2004

For further information, please call: (512) 305-8270