Part 4.
TEXAS DEPARTMENT OF LICENSING AND REGULATION
Chapter 62.
CAREER COUNSELING SERVICES
16 TAC §62.80
The Texas Department of Licensing and Regulation ("Department")
adopts amendments to an existing rule at 16 Texas Administrative Code, §62.80
regarding the career counseling services program as published in the November
26, 2004, issue of the
Texas Register
(29
TexReg 10859), without changes, and will not be republished.
The amendments lower the original and renewal certificate of authority
fee from $2,000 to $1,250. Texas Occupations Code, §51.202 requires the
Department to set fees in amounts reasonable and necessary to cover the costs
of administering programs under its jurisdiction. The Department conducted
its annual fee review pursuant to §51.202 and recommended to the Texas
Commission of Licensing and Regulation ("Commission") that the referenced
fees be reduced as indicated. The revenue generated by current fees exceeds
the amount required by the Department to cover costs of administering the
career counseling services program. On August 9, 2004, the Commission directed
the Department to initiate the recommended fee reductions.
The Department drafted and distributed the proposed rules to persons internal
and external to the agency. No comments were received.
The amendments are adopted under Texas Occupations Code, Chapter
2502 and Chapter 51, §§51.201, 51.202, and 51.203 which authorizes
the Department to adopt rules as necessary to implement this chapter and any
other law establishing a program regulated by the Department and which requires
the Commission to set fees in amounts reasonable and necessary to cover the
costs of administering Department programs.
The statutory provisions affected by the adoption are those set forth in
Texas Occupations Code, Chapter 2502 and 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 February 9, 2005.
TRD-200500592
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Effective date: March 1, 2005
Proposal publication date: November 26, 2004
For further information, please call: (512) 463-7348
16 TAC §73.51, §73.52
The Texas Department of Licensing and Regulation ("Department")
adopts amendments to existing rules at 16 Texas Administrative Code, §73.51
and §73.52 concerning information required to be included on electrical
contractor and electrical sign contractor proposals, invoices, and contracts,
with changes, as published in the October 1, 2004, issue of the
Texas Register
(29 TexReg 9323).
The amendment adds a subsection (c) to each rule to require licensees to
include on contracts, proposals, and invoices a statement that the department
regulates the business and the contact information. The amendments are necessary
to comply with the requirement of Texas Occupations Code, §51.252(a),
which requires the Executive Director to establish methods by which consumers
and service recipients are notified of complaint filing information.
The Department drafted and distributed the proposed rules to persons internal
and external to the agency. Several comments were received in opposition to
the proposed changes.
One commenter objected to the rule amendments on the basis that such rules
invite complaints. The commenter questioned whether the purpose of the rules
is to allow the Department to "collect the $500 for a complaint." Another
commenter, who chose to withhold his name, indicated that he did not intend
to comply with the rules and suggested that the Department provide a stamp
or similar device to each contractor to use for compliance. The Department
does not recommend any change on the basis of these comments. The purpose
of the rule is to comply with the statutory requirement of Texas Occupations
Code, §51.252(a), which requires the Executive Director to establish
methods by which consumers and service recipients are notified of complaint
filing information.
A third commenter noted that his company is an electrical subcontractor
that contracts with various general contractors who provide the contract documents
to the commenter. The commenter noted that it would be presumptuous on his
part to add statements required by the rules to a contract that does not belong
to him. The commenter also asked whether a sign posted in the business office
would meet the requirements. The Commission agrees that the point concerning
contracts offered by general contractors is well taken and the rules as adopted
are amended to require that the notice language be placed on contracts generated
by a licensee. The language of the rule does not provide for compliance by
posting a sign. Language was amended at subsection (c) to read: "The electrical
contractor’s name, address, phone number, and license number shall appear
on all proposals, invoices, and written contracts proposed by the contractor."
The amendments are adopted under Texas Occupations Code, Chapter
1305 and Texas 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 and provides that the Department shall
require the notice provided for.
The statutory provisions affected by the adoption are those set forth in
Texas Occupations Code, Chapter 1305 and Texas Occupations Code, Chapter 51.
No other statutes, articles, or codes are affected by the adoption.
§73.51.Electrical Contractors’ Responsibilities.
(a)
A licensed electrical contractor shall display its name
and license number on both sides of each vehicle owned or operated by the
business and used in the conduct of electrical work. Lettering shall be of
a contrasting color and at least two inches in height. The license number
shall be preceded by the letters "TECL".
(b)
All of a contractor’s non-exempt electrical work
shall be performed by licensed individuals. A contractor is responsible for
compliance with applicable codes for all such electrical work it performs.
(c)
The electrical contractor’s name, address, phone
number, and license number shall appear on all proposals, invoices, and written
contracts proposed by the contractor. The following information: "Regulated
by The Texas Department of Licensing and Regulation, P. O. Box 12157, Austin,
Texas 78711, 1-800-803-9202, 512-463-6599; website: www.license.state.tx.us/complaints"
shall be listed on invoices and written contracts.
§73.52.Electrical Sign Contractors’ Responsibilities.
(a)
A licensed electrical sign contractor shall display its
name and license number on both sides of each vehicle owned or operated by
the business and used in the conduct of electrical sign work. Lettering shall
be of a contrasting color and at least two inches in height. The license number
shall be preceded by the letters "TSCL".
(b)
All of a contractor’s non-exempt electrical sign
work shall be performed by licensed individuals. A contractor is responsible
for compliance with applicable codes for all such electrical sign work it
performs.
(c)
The electrical sign contractor’s name, address, phone
number, and license number shall appear on all proposals, invoices, and written
contracts proposed by the contractor. The following information: "Regulated
by The Texas Department of Licensing and Regulation, P. O. Box 12157, Austin,
Texas 78711, 1-800-803-9202, 512-463-6599; website: www.license.state.tx.us/complaints"
shall be listed on invoices and written contracts.
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 February 9, 2005.
TRD-200500593
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Effective date: March 1, 2005
Proposal publication date: October 1, 2004
For further information, please call: (512) 463-7348
16 TAC §73.80
The Texas Department of Licensing and Regulation ("Department")
adopts amendments to 16 Texas Administrative Code §73.80, concerning
electrician and sign electrician application and renewal fees and revised
or duplicate license fees for electrical apprentices as published in the November
26, 2004, issue of the
Texas Register
(29
TexReg 10860), without changes, and will not be republished.
The amendment lowers the application and renewal license fees for master
electricians and master sign electricians from $75 to $65 and for journeyman
electricians and journeyman sign electricians from $50 to $40. Language is
also added to clarify that the fee for the issuance of a revised or duplicate
license is $25 with the exception of a revised or duplicate license fee of
$15 for an electrical apprentice. Texas Occupations Code, §51.202 requires
the Department to set fees in amounts reasonable and necessary to cover the
costs of administering programs under its jurisdiction. The Department conducted
its annual fee review pursuant to §51.202 and recommended to the Texas
Commission of Licensing and Regulation ("Commission") that the referenced
fees be reduced as indicated. The revenue generated by current fees exceeds
the amount required by the Department to cover costs of administering the
electricians program. On August 9, 2004, the Commission directed the Department
to initiate the recommended fee reductions.
The Department drafted and distributed the proposed amendments to persons
internal and external to the agency. One comment was received regarding the
proposal. The commenter did not propose any changes or objections to the rule.
His comment concerned his history as an electrician. No changes are made.
The amendments are adopted under Texas Occupations Code, Chapter
1305 which establishes a program to regulate electricians and Texas Occupations
Code, Chapter 51, §§51.201, 51.202, and 51.203 which authorizes
the Department to adopt rules as necessary to implement this chapter and any
other law establishing a program regulated by the Department and which requires
the Commission to set fees in amounts reasonable and necessary to cover the
costs of administering the Department programs.
The statutory provisions effected by the adoption are those set forth in
Texas Occupations Code, Chapter 1305 and 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 February 9, 2005.
TRD-200500594
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Effective date: March 1, 2005
Proposal publication date: November 26, 2004
For further information, please call: (512) 463-7348
Chapter 73.
ELECTRICIANS
Chapter 77.
SERVICE CONTRACT PROVIDERS