Part 19. POLYGRAPH EXAMINERS BOARD

Chapter 391. POLYGRAPH EXAMINER INTERNSHIP

22 TAC §391.1

The Polygraph Examiners Board adopts an amendment to §391.1, concerning Polygraph Examiner Internship, without changes to the proposed text as published in the March 12, 2004 issue of the Texas Register (29 TexReg 2535).

The section is being amended to change the legal citation from Texas Civil Statutes, Article 4413(29cc), §6(a) and (b) to Texas Occupations Code, Chapter 1703.

No comments were received regarding adoption of the amendment.

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.

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 May 28, 2004.

TRD-200403618

Frank DiTucci

Executive Director

Polygraph Examiners Board

Effective date: June 17, 2004

Proposal publication date: March 12, 2004

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

22 TAC §393.1, §393.3

The Polygraph Examiners Board adopts amendments to §393.1 and §393.3, concerning General, without changes to the proposed text as published in the March 12, 2004 issue of the Texas Register (29 TexReg 2536).

The sections are being amended to change the legal citation from Texas Civil Statutes, Article 4413(29cc), §6(a) and (b) to Texas Occupations Code, Chapter 1703.

No comments were received regarding adoption of the amendments.

The amendments are 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.

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 May 28, 2004.

TRD-200403619

Frank DiTucci

Executive Director

Polygraph Examiners Board

Effective date: June 17, 2004

Proposal publication date: March 12, 2004

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

22 TAC §395.1, §395.13

The Polygraph Examiners Board adopts amendments to §395.1 and §395.13, concerning Code of Operating Procedure of Polygraph Examiners, without changes to the proposed text as published in the March 12, 2004 issue of the Texas Register (29 TexReg 2536).

The sections are being amended to change the legal citation from Texas Civil Statutes, Article 4413(29cc), §6(a) and (b) to Texas Occupations Code, Chapter 1703.

No comments were received regarding adoption of the amendments.

The amendments are 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.

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 May 28, 2004.

TRD-200403620

Frank DiTucci

Executive Director

Polygraph Examiners Board

Effective date: June 17, 2004

Proposal publication date: March 12, 2004

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

22 TAC §§397.1, 397.2, 397.16

The Polygraph Examiners Board adopts amendments to §§397.1, 397.2, and 397.16, concerning General Rules of Practice and Procedure, without changes to the proposed text as published in the March 12, 2004 issue of the Texas Register (29 TexReg 2537).

The sections are being amended to change the legal citation from Texas Civil Statutes, Article 4413(29cc), §6(a) and (b) to Texas Occupations Code, Chapter 1703.

No comments were received regarding adoption of the amendments.

The amendments are 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.

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 May 28, 2004.

TRD-200403621

Frank DiTucci

Executive Director

Polygraph Examiners Board

Effective date: June 17, 2004

Proposal publication date: March 12, 2004

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

Chapter 851. TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING RULES

Subchapter A. LICENSING

22 TAC §§851.20, 851.28, 851.80

The Texas Board of Professional Geoscientists adopts amendments to §851.20 and §851.80 and a new rule §851.28. The new rule and the amendments are adopted without changes to the proposed text as published in the April 16, 2004, issue of the Texas Register (29 TexReg 3764-3766).

The amendments and new section are necessary in order to avoid the staff having to renew 6,800 applicants in a one-month period every year. The amendments also concern the addition of a fee for affidavits. An affidavit fee was necessary to allow the agency to charge for affidavits of licensure for CAP-M certification and affidavits to other licensing boards.

The adopted amendments and new rule add language to 22 TAC §851.20(d), §851.80(e) and (g), and a new rule at §851.28.

The adopted amendment to 22 TAC §851.20 adds language to reflect the proration schedule that will take place once our licensing software is in place. Feedback indicated that the speed with which the staff could renew the license once yearly was less than licensee expectations.

The adopted amendment to 22 TAC §851.80(e) adds language to reflect the proration schedule that will take place once our licensing software is in place. The second amendment adds subsection (g) to 22 TAC §851.80 to reflect the fact that affidavits are needed. Feedback indicated that there was a need for affidavits for licensees.

The adopted new rule at 22 TAC §851.28 License Renewal, again, adds language to reflect the proration schedule that will take place once our licensing software is in place.

No comments were received.

The amendments and new section are adopted under the Texas Occupational Code, §1002.151 and Texas Occupational Code, §1002.152.

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 May 27, 2004.

TRD-200403585

Michael D. Hess

Executive Director

Texas Board of Professional Geoscientists

Effective date: June 16, 2004

Proposal publication date: April 16, 2004

For further information, please call: (512) 936-4402

22 TAC §851.28

The Texas Board of Professional Geoscientists adopts the repeal of §851.28, concerning license renewal. The repeal is adopted without changes to the proposal as published in the April 16, 2004, issue of the Texas Register (29 TexReg 3765).

The repeal is necessary because the rule had to be changed for proration of licensure fees. Proration of licensure fees was necessary in order to avoid the staff having to renew 6,800 applicants in a one-month period every year. The purpose and objective of this repeal is to remove the section so it can be replaced with a new §851.28.

No comments were received regarding adoption of the repeal.

Repeal of §851.28 is adopted under the Texas Occupational Code, §1002.151, which authorizes the Texas Board of Professional Geoscientists to make rules necessary for the performance of its duties. The repeal also implements the Texas Occupational Code, §1002.152, Fees. The board may set reasonable and necessary fees to be charged applicants and license holders under this chapter, including fees for application, examination, licensure, and renewal of a license.

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 May 27, 2004.

TRD-200403584

Michael D. Hess

Executive Director

Texas Board of Professional Geoscientists

Effective date: June 16, 2004

Proposal publication date: April 16, 2004

For further information, please call: (512) 936-4402