TITLE 22.EXAMINING BOARDS

Part 21. TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS

Chapter 463. APPLICATIONS AND EXAMINATIONS

22 TAC §463.1

The Texas State Board of Examiners of Psychologists adopts amendments to §463.1, concerning Types of Licensure without changes to the proposed text as published in the May 27, 2005, issue of the Texas Register (30 TexReg 3074).

The amendments are being adopted in order to facilitate statutory changes in provisional licensure set by HB 1015, of the 79th Legislature.

The adopted amendments will make adhere to changes in the law.

No comments were received regarding the adoption of the amendments.

The amendments are adopted under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.

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 August 5, 2005.

TRD-200503264

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Effective date: August 25, 2005

Proposal publication date: May 27, 2005

For further information, please call: (512) 305-7700


Part 28. EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND OCCUPATIONAL THERAPY EXAMINERS

Chapter 651. FEES

22 TAC §651.1

The Executive Council of Physical Therapy and Occupational Therapy Examiners adopts amendments to §651.1, concerning Occupational Therapy Board Fees, with changes to the proposed text as published in the June 17, 2005, issue of the Texas Register (30 TexReg 3520).

The section was amended to raise the fees to support the FY 2006/2007 Appropriations Act.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Executive Council of Physical Therapy and Occupational Therapy Act, Title 23, Subchapter H, Chapter 452, Occupations Code, which provides the Executive Council of Physical Therapy and Occupational Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act.

Title 3, Subtitle H, Chapters 452 - 454, of the Occupations Code are affected by this amended section.

§651.1.Occupational Therapy Board Fees.

(a) Regular License.

(1) Occupational Therapist--$120.

(2) Occupational Therapy Assistant--$93.

(3) Application to retake the certification exam, OT--$25.

(4) Application to retake the certification exam, OTA--$25.

(b) Temporary License.

(1) Occupational Therapist--$70.

(2) Occupational Therapy Assistant--$55.

(c) Provisional License.

(1) Occupational Therapist--$80.

(2) Occupational Therapy Assistant--$75.

(d) Active to Inactive Status.

(1) Occupational Therapist--a fee to equal one-half the renewal fee.

(2) Occupational Therapy Assistant--a fee to equal one-half the renewal fee.

(e) Inactive Status to Active Status.

(1) Occupational Therapist--a fee equal to the renewal fee.

(2) Occupational Therapy Assistant--a fee equal to the renewal fee.

(f) Renewal.

(1) Active.

(A) Occupational Therapist--$217.

(B) Occupational Therapy Assistant--$167.

(2) Inactive.

(A) Occupational Therapist--a fee equal to one-half the renewal fee.

(B) Occupational Therapy Assistant--a fee equal to one-half the renewal fee.

(g) Late Fees Renewal (all licensees).

(1) Late 90 days or less--the renewal fee plus late fee which is equal to one-half of the certification examination fee.

(2) Late more than 90 days but less than one year--the renewal fee plus late fee which is equal to the certification examination fee.

(h) License Restoration Fee for all licensees--a fee equal to the certification examination fee.

(i) Registration Fees--Facilities.

(1) Registration of First Facility--$314.

(2) Registration of Each Additional Facility--$124.

(j) Renewal Fees--Facilities.

(1) Renewal of Registration of First Facility--$306.

(2) Renewal of Registration of Each Additional Site--$126.

(k) Late Fees--All Facilities.

(1) Late 90 days or less--a fee equal to one-half of the renewal fee, in addition to the renewal fee.

(2) Late more than 90 days but less than one year--a fee equal to the renewal fee, in addition to the renewal fee.

(l) Facility Restoration (all facilities)--Late one year or more-renewal fee(s) plus a restoration fee which is double the renewal fee.

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 August 5, 2005.

TRD-200503267

John Maline

Executive Director

Executive Council of Physical Therapy and Occupational Therapy Examiners

Effective date: September 1, 2005

Proposal publication date: June 17, 2005

For further information, please call: (512) 305-6900


22 TAC §651.2

The Executive Council of Physical Therapy and Occupational Therapy Examiners adopts amendments to §651.2, concerning Physical Therapy Board Fees with changes to the proposed text as published in the June 17, 2005, issue of Texas Register (30 TexReg 3520).

The section was amended to raise the fees to support the FY 2006/2007 Appropriations Act.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Executive Council of Physical Therapy and Occupational Therapy Act, Title 23, Subchapter H, Chapter 452, Occupations Code, which provides the Executive Council of Physical Therapy and Occupational Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act.

Title 3, Subtitle H, Chapters 452 - 454, of the Occupations Code are affected by this amended section.

§651.2.Physical Therapy Board Fees.

(a) Application/Permanent License.

(1) PT--$170.

(2) PTA--$116.

(b) Application to Retake the Examination.

(1) PT--$25.

(2) PTA--$25.

(c) Temporary License.

(1) PT--$80.

(2) PTA--$60.

(d) Provisional License.

(1) PT--$80.

(2) PTA--$75.

(e) Active to Inactive License.

(1) PT--a fee equal to one-half of the renewal fee.

(2) PTA--a fee equal to one-half of the renewal fee.

(f) License Renewal

(1) Active license

(A) PT--$217.

(B) PTA--$167.

(2) Inactive license. (Inactive license renewal fees are effective September 1, 2001)

(A) PT--a fee equal to one-half of the renewal fee.

(B) PTA--a fee equal to one-half of the renewal fee.

(g) Inactive to Active License (Reactivation).

(1) PT--a fee equal to the renewal fee.

(2) PTA--a fee equal to the renewal fee.

(h) Late Fees--Renewal (all licensees).

(1) Late 90 days or less--the renewal fee plus a late fee equal to one-half of the examination fee.

(2) Late more than 90 days but less than one year--the renewal fee plus a fee equal to the examination fee.

(i) License Restoration (all licensees, under the conditions set our in §341.6 of the Physical Therapy Board Rules)--a fee equal to the examination fee.

(j) Facility Registration.

(1) First Facility--$314.

(2) Additional site--$124.

(k) Facility Renewal.

(1) First Facility--$306.

(2) Additional site--$126.

(l) Late Fees--All Facilities.

(1) Late 90 days or less--a fee equal to one-half of the renewal fee, in addition to the renewal fee.

(2) Late more than 90 days but less than one year--a fee equal to the renewal fee, in addition to the renewal fee.

(m) Facility Restoration (all facilities)--renewal fee(s) plus a restoration fee that is double the renewal fee.

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 August 5, 2005.

TRD-200503268

John Maline

Executive Director

Executive Council of Physical Therapy and Occupational Therapy Examiners

Effective date: September 1, 2005

Proposal publication date: June 17, 2005

For further information, please call: (512) 305-6900


22 TAC §651.3

The Executive Council of Physical Therapy and Occupational Therapy Examiners adopts amendments to §651.3, concerning Administrative Services Fees with changes to the proposed text as published in the June 17, 2005, issue of Texas Register (30 TexReg 3520).

The section was amended to raise the fees to support the FY 2006/2007 Appropriations Act.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Executive Council of Physical Therapy and Occupational Therapy Act, Title 23, Subchapter H, Chapter 452, Occupations Code, which provides the Executive Council of Physical Therapy and Occupational Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act.

Title 3, Subtitle H, Chapters 452 - 454, of the Occupations Code are affected by this amended section.

§651.3.Administrative Services Fees.

(a) Verification /Transfer of Licensure--$50.

(b) Duplicate/Replacement License--$30.

(c) Duplicate Renewal Certificate/Wallet Card--$30.

(d) Duplicate of Facility Registration Certificate--$30.

(e) Reinstatement of Suspended or Revoked License--$50.

(f) Insufficient Funds Check Fee--$25.

(g) ACH Return Fee--$25.

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 August 5, 2005.

TRD-200503269

John Maline

Executive Director

Executive Council of Physical Therapy and Occupational Therapy Examiners

Effective date: September 1, 2005

Proposal publication date: June 17, 2005

For further information, please call: (512) 305-6900


Part 34. TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS

Chapter 781. SOCIAL WORKER LICENSURE

The Texas State Board of Social Worker Examiners adopts the repeal of §§781.101, 781.102, 781.201-781.217, 781.301-781.315, 781.401, 781.402, 781.501-781.514, 781.601-781.610, 781.701-781.707, 781.801-781.807 and new §§781.101, 781.102, 781.201-781.217, 781.301-781.317, 781.401-781.418, 781.501-781.515, 781.601-781.610, 781.701-781.707, and 781.801-781.807, concerning the licensing of social workers. New §781.508 was adopted with changes to the proposed rule text that was published in the May 20, 2005, issue of the Texas Register (30 TexReg 2972). The repeal of §§781.101, 781.102, 781.201-781.217, 781.301-781.315, 781.401, 781.402, 781.501-781.514, 781.601-781.610, 781.701-781.707, 781.801-781.807 and new §§781.101, 781.102, 781.201-781.217, 781.301-781.317, 781.401-781.418, 781.501-781.507, 781.509-781.515, 781.601-781.610, 781.701-781.707, and 781.801-781.807 were adopted without changes and, therefore, the sections will not be republished.

Government Code, §2001.039, requires that each state agency review and consider for readoption each rule adopted by that agency pursuant to the Government Code, Chapter 2001 (Administrative Procedure Act). Sections 781.101, 781.102, 781.201-781.217, 781.301-781.315, 781.401, 781.402, 781.501-781.514, 781.501-781.515, 781.601-781.610, 781.701-781.707, and 781.801-781.807 have been reviewed and the board has determined that the reasons for adopting the sections continue to exist in that rules concerning the licensing and regulation of social workers are still needed; however, the rules were repealed and adopted as new rules as described in this preamble.

The repeals and new sections are a result of comprehensive rule review undertaken by the board, identified stakeholder groups and the board's staff as a result of the passage of Senate Bill (SB) 810 in the 78th Regular Session of the Texas Legislature. This legislation was the result of a taskforce of stakeholders groups and the board in response to House Bill (HB) 3365 of the 77th Regular Session of the Texas Legislature regarding the independent practice of social work. SB 810 created new categories of social worker licensure, abolishing the Social Worker Associate category, a statute of limitations on complaints and modified requirements for board membership based on licensing categories and the creation of independent practices status for all levels of licensure.

In general, the board and stakeholder group representatives reviewed each section and adopted the repeal, readoption or revision of each section in order to ensure appropriate subchapter, section and paragraph organization; to modify rules in accordance with legislative changes impacting social work practice; to ensure clarity and improve spelling, grammar and punctuation; to ensure that the rules reflect current legal and policy considerations; to ensure accuracy of legal citations, eliminate unnecessary catch-titles, and eliminate repetitive use of long titles for terms that have been assigned short titles by definition; to delete repetitive, obsolete, unenforceable or unnecessary language; to improve draftsmanship; and to make the rules more understandable and usable.

There were no public comments received regarding the proposal. However, the following change was made due to a staff comment.

CHANGE: Concerning §781.508(a)(1), the word "annually" was changed to "biennially" to read as follows: 30 clock hours of continuing education "biennially" from board approved providers. A clock hour is defined as 60 minutes of standard time;" which reflects the original intent of the rule by the board for licensure renewal.

Subchapter A. GENERAL PROVISIONS

22 TAC §781.101, §781.102

The repeals are adopted under the Social Work Practice Act, Occupations Code, Chapter 505, which authorizes the board to adopt rules concerning the licensure and practice of social workers.

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 August 4, 2005.

TRD-200503234

Jeannie McGuire, LBSW

Chair

Texas State Board of Social Worker Examiners

Effective date: August 24, 2005

Proposal publication date: May 20, 2005

For further information, please call: (512) 458-7236


22 TAC §781.101, §781.102

The new rules are adopted under the Social Work Practice Act, Occupations Code, Chapter 505, which authorizes the board to adopt rules concerning the licensure and practice of social workers.

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 August 4, 2005.

TRD-200503235

Jeannie McGuire, LBSW

Chair

Texas State Board of Social Worker Examiners

Effective date: August 24, 2005

Proposal publication date: May 20, 2005

For further information, please call: (512) 458-7236


Subchapter B. THE BOARD

22 TAC §§781.201 - 781.217

The repeals are adopted under the Social Work Practice Act, Occupations Code, Chapter 505, which authorizes the board to adopt rules concerning the licensure and practice of social workers.

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 August 4, 2005.

TRD-200503236

Jeannie McGuire, LBSW

Chair

Texas State Board of Social Worker Examiners

Effective date: August 24, 2005

Proposal publication date: May 20, 2005

For further information, please call: (512) 458-7236


22 TAC §§781.201 - 781.217

The new rules are adopted under the Social Work Practice Act, Occupations Code, Chapter 505, which authorizes the board to adopt rules concerning the licensure and practice of social workers.

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 August 4, 2005.

TRD-200503237

Jeannie McGuire, LBSW

Chair

Texas State Board of Social Worker Examiners

Effective date: August 24, 2005

Proposal publication date: May 20, 2005

For further information, please call: (512) 458-7236


Subchapter C. LICENSES AND LICENSING PROCESS

22 TAC §§781.301 - 781.315

The repeals are adopted under the Social Work Practice Act, Occupations Code, Chapter 505, which authorizes the board to adopt rules concerning the licensure and practice of social workers.

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 August 4, 2005.

TRD-200503238

Jeannie McGuire, LBSW

Chair

Texas State Board of Social Worker Examiners

Effective date: August 24, 2005

Proposal publication date: May 20, 2005

For further information, please call: (512) 458-7236


22 TAC §§781.301 - 781.317

The new rules are adopted under the Social Work Practice Act, Occupations Code, Chapter 505, which authorizes the board to adopt rules concerning the licensure and practice of social workers.

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 August 4, 2005.

TRD-200503239

Jeannie McGuire, LBSW

Chair

Texas State Board of Social Worker Examiners

Effective date: August 24, 2005

Proposal publication date: May 20, 2005

For further information, please call: (512) 458-7236


Subchapter D. CODE OF ETHICS AND PROFESSIONAL STANDARDS OF PRACTICE

22 TAC §781.401, §781.402

The repeals are adopted under the Social Work Practice Act, Occupations Code, Chapter 505, which authorizes the board to adopt rules concerning the licensure and practice of social workers.

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 August 4, 2005.

TRD-200503240

Jeannie McGuire, LBSW

Chair

Texas State Board of Social Worker Examiners

Effective date: August 24, 2005

Proposal publication date: May 20, 2005

For further information, please call: (512) 458-7236


Subchapter D. CODE OF CONDUCT AND PROFESSIONAL STANDARDS OF PRACTICE

22 TAC §§781.401 - 781.418

The new rules are adopted under the Social Work Practice Act, Occupations Code, Chapter 505, which authorizes the board to adopt rules concerning the licensure and practice of social workers.

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 August 4, 2005.

TRD-200503241

Jeannie McGuire, LBSW

Chair

Texas State Board of Social Worker Examiners

Effective date: August 24, 2005

Proposal publication date: May 20, 2005

For further information, please call: (512) 458-7236


Subchapter E. LICENSE RENEWAL AND CONTINUING EDUCATION

22 TAC §§781.501 - 781.514

The repeals are adopted under the Social Work Practice Act, Occupations Code, Chapter 505, which authorizes the board to adopt rules concerning the licensure and practice of social workers.

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 August 4, 2005.

TRD-200503242

Jeannie McGuire, LBSW

Chair

Texas State Board of Social Worker Examiners

Effective date: August 24, 2005

Proposal publication date: May 20, 2005

For further information, please call: (512) 458-7236


22 TAC §§781.501 - 781.515

The new rules are adopted under the Social Work Practice Act, Occupations Code, Chapter 505, which authorizes the board to adopt rules concerning the licensure and practice of social workers.

§781.508.Hour Requirements for Continuing Education.

(a) A licensee must complete:

(1) 30 clock hours of continuing education biennially from board approved providers. A clock hour is defined as 60 minutes of standard time; and

(2) a minimum of three hours of continuing education biennially in professional ethics and social work values each year as part of the required 30 clock hours. A licensee may earn credit for ethics hours as a presenter or participant.

(b) On petition by a licensee, the executive director may waive part, but not all, of the continuing education renewal requirements for good and just cause or may permit the licensee an additional period of time in which to complete all continuing education requirements. In all cases, the decision of the executive director may be appealed to the Professional Development Committee of the board. Should the committee overturn the decision of the executive director, the committee may elect to waive the late fees accrued or determine that the late fees should be paid by the licensee. Should the decision of the executive director be upheld by the committee and the licensee be denied in the appeal, all late fees accrued will apply.

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 August 4, 2005.

TRD-200503243

Jeannie McGuire, LBSW

Chair

Texas State Board of Social Worker Examiners

Effective date: August 24, 2005

Proposal publication date: May 20, 2005

For further information, please call: (512) 458-7236


Subchapter F. COMPLAINTS AND VIOLATIONS

22 TAC §§781.601 - 781.610

The repeals are adopted under the Social Work Practice Act, Occupations Code, Chapter 505, which authorizes the board to adopt rules concerning the licensure and practice of social workers.

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 August 4, 2005.

TRD-200503244

Jeannie McGuire, LBSW

Chair

Texas State Board of Social Worker Examiners

Effective date: August 24, 2005

Proposal publication date: May 20, 2005

For further information, please call: (512) 458-7236


22 TAC §§781.601 - 781.610

The new rules are adopted under the Social Work Practice Act, Occupations Code, Chapter 505, which authorizes the board to adopt rules concerning the licensure and practice of social workers.

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 August 4, 2005.

TRD-200503245

Jeannie McGuire, LBSW

Chair

Texas State Board of Social Worker Examiners

Effective date: August 24, 2005

Proposal publication date: May 20, 2005

For further information, please call: (512) 458-7236


Subchapter G. FORMAL HEARINGS

22 TAC §§781.701 - 781.707

The repeals are adopted under the Social Work Practice Act, Occupations Code, Chapter 505, which authorizes the board to adopt rules concerning the licensure and practice of social workers.

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 August 4, 2005.

TRD-200503246

Jeannie McGuire, LBSW

Chair

Texas State Board of Social Worker Examiners

Effective date: August 24, 2005

Proposal publication date: May 20, 2005

For further information, please call: (512) 458-7236


22 TAC §§781.701 - 781.707

The new rules are adopted under the Social Work Practice Act, Occupations Code, Chapter 505, which authorizes the board to adopt rules concerning the licensure and practice of social workers.

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 August 4, 2005.

TRD-200503247

Jeannie McGuire, LBSW

Chair

Texas State Board of Social Worker Examiners

Effective date: August 24, 2005

Proposal publication date: May 20, 2005

For further information, please call: (512) 458-7236


Subchapter H. SANCTION GUIDELINES

22 TAC §§781.801 - 781.807

The repeals are adopted under the Social Work Practice Act, Occupations Code, Chapter 505, which authorizes the board to adopt rules concerning the licensure and practice of social workers.

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 August 4, 2005.

TRD-200503248

Jeannie McGuire, LBSW

Chair

Texas State Board of Social Worker Examiners

Effective date: August 24, 2005

Proposal publication date: May 20, 2005

For further information, please call: (512) 458-7236


22 TAC §§781.801 - 781.807

The new rules are adopted under the Social Work Practice Act, Occupations Code, Chapter 505, which authorizes the board to adopt rules concerning the licensure and practice of social workers.

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 August 4, 2005.

TRD-200503249

Jeannie McGuire, LBSW

Chair

Texas State Board of Social Worker Examiners

Effective date: August 24, 2005

Proposal publication date: May 20, 2005

For further information, please call: (512) 458-7236


Part 39. TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS

Chapter 851. TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING RULES

Subchapter A. LICENSING

22 TAC §851.80

The Texas Board of Professional Geoscientists (TBPG) adopts amendments to 22 Texas Administrative Code Chapter 851, §851.80, concerning licensing fees. The amendments to §851.80 are adopted without changes to the proposed text as published in the June 17, 2005, issue of the Texas Register (30 TexReg 3530).

Adopted amendments to the existing rule establish a $25 examination processing fee for all examinations administered by the Board in addition to adopted language for payment of required fees as set for the by both the National Association of State Boards of Geology (ASBOG) and the Council of Soil Science Examiners (CSSE) for administration of their specific examinations. Adopted amendments also establish a $200 one-time temporary licensing fee for all geoscientists to practice in their respective field of geoscience in the State of Texas for no more than the mandated 90 day period as specified in the Geoscience Practice Act. The license renewal fee is now adopted to be $168 and a newly adopted Verification of Licensure fee will be $15. The Fundamentals and Practice fees for Geophysics are now adopted to be $150 each. Legislation enactment in 2001 of Senate Bill 405 Subchapter D, §4.01 granted the Board general rulemaking authority to adopt and enforce rules consistent with this act necessary for the performance of its duties and §4.02 granted authority for the Board to set reasonable and necessary fees to be charged to all applicants and license holders, including fees for applications, examinations, licensure, and renewal of a license including basing a fee for an examination in a discipline of geoscience on the costs associated with preparation, administration, and the grading of the examination. The adopted amendments to the rule provide language clarity to the fee requirement for administration of each of the agency's examinations taken relevant to the applicant's geoscience discipline(s) as well as amend the licensing fee structure through the inclusion of additional language to the existent licensing fee requirement as set by the Board in order to establish both new fee requirements and increase to the renewal fee to allow the Board attainment of its appropriated general revenue funding level.

No comments were received regarding adoption of the amendments.

The amendments are adopted under the Texas Occupations Code, Chapter 1002, §1002.151 and §1002.152 which authorize the Board to adopt and enforce rules consistent with the Geoscience Practice Act and necessary for the performance of its duties.

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 August 5, 2005.

TRD-200503265

Michael D. Hess

Executive Director

Texas Board of Professional Geoscientists

Effective date: September 1, 2005

Proposal publication date: June 17, 2005

For further information, please call: (512) 936-4401