Part 2.
TEXAS STATE BOARD OF BARBER EXAMINERS
Chapter 51.
PRACTICE AND PROCEDURE
Subchapter A. THE BOARD
22 TAC §51.5
The Texas State Board of Barber Examiners adopts an amendment
to §51.5 (Good Standing Required for License Renewal) to specify that
the Board may take action to suspend a certificate, license or permit for
certain causes including, but not limited to, the failure to pay a fine or
penalty in full within 30 days from the date that the Board approves an Agreed
Order from the Executive Director or a Proposal for Decision from the State
Office of Administrative Hearings in which the fine or penalty is upheld or
assessed. The Board would be required to notify the holder of the certificate,
license or permit to its intention to suspend the certificate, license or
permit and the holder would have the right to a hearing at the State Office
of Administrative Hearings before the certificate, license or permit would
be suspended. The amendment is adopted without change to the proposed text
as published in the October 29, 2004, issue of the
Texas Register
(29 TexReg 9965) and will not be republished.
The action is adopted to increase compliance by licensees and permit holders
with the statutes and rules under which they are regulated and to increase
the timely collection of fines and penalties by the Board.
No comments were received on the proposed rule changes.
The amendment is adopted under the Texas Occupation Code §1601.151
which provides the Texas State Board of Barber Examiners with the authority
to adopt and enforce all rules necessary for the performance of it's duties,
and under TOC §1601.601 which provides the Board with the authority to
suspend or revoke a certificate, license or permit if the applicant or person
holding the certificate, license, or permit engages in an act that violates
Chapter 1601 or a rule or order of the board.
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 14, 2005.
TRD-200500211
Glenn D. Parker
Executive Director
Texas State Board of Barber Examiners
Effective date: February 3, 2005
Proposal publication date: October 29, 2004
For further information, please call: (512) 936-6333
22 TAC §51.16
The Texas State Board of Barber Examiners adopts an amendment
to §51.16 (Equipment for Students) to clarify that it is the Board's
intent that a barber school or college purchase from the Board and issue to
all students upon enrollment their own copies of the books published by the
Board that contain the statutes and rules that govern the practice of barbering
in Texas. Further, it is the Board's intent that the students thereafter retain
ownership of the books containing the statutes and rules. The amendment is
adopted without change to the proposed text as published in the October 29,
2004, issue of the
Texas Register
(29 TexReg
9966) and will not be republished.
The action is adopted to ensure that all students have their own personal
copies of the statutes and rules under which barbering is practiced in order
to increase the student's knowledge and awareness of those statutes and rules.
No comments on the proposed rule changes were received.
The amendment is adopted under the Texas Occupation Code §1601.151
which provides the Texas State Board of Barber Examiners with the authority
to adopt and enforce all rules necessary for the performance of it's 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 January 14, 2005.
TRD-200500213
Glenn D. Parker
Executive Director
Texas State Board of Barber Examiners
Effective date: February 3, 2005
Proposal publication date: October 29, 2004
For further information, please call: (512) 936-6333
22 TAC §51.91
The Texas State Board of Barber Examiners adopted new rule §51.91
(Responsibilities of Shop Owners and Shop Managers) to clarify the responsibilities
of barber shop and specialty shop owners and managers in regard to verifying
the licenses and permits of all employees and independent contractors (booth
renters) who engage in barbering in the shop. The new rule is adopted without
changes to the proposed text as published in the October 29, 2004 issue of
the
Texas Register
(29 TexReg 9967) and will
not be republished.
The action is adopted to increase compliance by licensees and permit holders
with the statutes and rules under which they are regulated and help ensure
that all individuals engaged in barbering in a barber shop or specialty shop
have the appropriate current licenses and permits issued by the Board.
No written comments on the proposed rule changes were received. Oral comments
were received at the scheduled Board Meeting. Comments at the board meeting
were concerns that it would add to record keeping task.
The new rule is adopted under the Texas Occupation Code Chapter
1601.151 which provides the Texas State Board of Barber Examiners with the
authority to adopt and enforce all rules necessary for the performance of
it's duties and under TOC Chapter 1601.155 which provides the Board with the
authority to set fees, and under TOC Chapter 1601.701 which provides the Board
with the authority to impose administrative penalties.
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 14, 2005.
TRD-200500210
Glenn D. Parker
Executive Director
Texas State Board of Barber Examiners
Effective date: February 3, 2005
Proposal publication date: October 29, 2004
For further information, please call: (512) 936-6333
22 TAC §51.121
The Texas State Board of Barber Examiners adopts the repeal
of 22 Texas Administrative Code Chapter 51, Subchapter G, Rule §51.121,
concerning the requirements for applicants for the position of barber inspector.
The repeal is adopted without change to the proposal as published in the December
3, 2004, issue of the
Texas Register
(29 TexReg
11247) and will not be republished.
The action is for the purpose of removing unnecessary job qualifications
requirements in the screening and hiring of barber inspectors.
No written comments on the proposed repeal changes were received. Oral
comments were received at the scheduled Board Meeting. Comments at the board
meeting were concerns that it may lead to lower standards for inspections.
The adopted repeal of this rule is pursuant to the authority
of Texas Occupations Code §1601.151 which authorizes the Texas State
Board of Barber Examiners to adopt and enforce all rules necessary for the
performance of its duties. The adoption of the repeal will not affect any
existing statute.
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 14, 2005.
TRD-200500212
Glenn D. Parker
Executive Director
Texas State Board of Barber Examiners
Effective date: February 3, 2005
Proposal publication date: December 3, 2004
For further information, please call: (512) 458-4901
Chapter 89.
GENERAL RULES AND REGULATIONS
22 TAC §89.5
The Texas Cosmetology Commission adopts amendments to §89.5,
concerning licensing fees without changes to the text as proposed in the December
10, 2004, issue of the
Texas Register
(29
TexReg 11450).
The adopted amendment will increase by $2 the original and renewal amount
for Individual Facialist, Manicurist, Shampoo Technician, Hair Weaving, Wig
Specialist and Operator license fees. The amendment will increase by $6 the
original and renewal fee amounts for Manicure Instructor, Facial Instructor
and Operator Instructor licenses. The amendments are required in order to
pay for the TexasOnLine service.
No public comments were received regarding the amendments as proposed.
The amendments are adopted under Texas Occupations Code, Chapter
1602, §1602.154, which provides the Commission with the authority to
"adopt rules consistent with this chapter", to protect the public's health
and safety.
No other statutes, articles or codes are affected by the amendments.
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 10, 2005.
TRD-200500105
Antoinette Humphrey
Executive Director
Texas Cosmetology Commission
Effective date: January 30, 2005
Proposal publication date: December 10, 2004
For further information, please call: (512) 380-7691
Chapter 519.
PRACTICE AND PROCEDURE
Subchapter E. POST BOARD ORDER PROCEDURES
22 TAC §519.95
The Texas State Board of Public Accountancy adopts new rule §519.95
concerning Reinstatement without changes to the proposed text as published
in the November 26, 2004, issue of the
Texas Register
(29 TexReg 10871). The text of the rule will not be republished.
The new rule §519.95 will require those persons whose certificates
were revoked based on their criminal conviction to wait a minimum of two years
after completion of their probation before applying for reinstatement of their
certificate.
The new rule will function by informing individuals of the minimum waiting
period for applying for reinstatement if their certificate was revoked based
on their criminal conviction.
No comments were received regarding adoption of the rule.
The new rule is adopted under the Public Accountancy Act ("Act"),
Texas Occupations Code, §901.151 which provides the agency with the authority
to amend, adopt and repeal rules deemed necessary or advisable to effectuate
the Act.
No other article, statute or code is 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, 2005.
TRD-200500147
Rande Herrell
General Counsel
Texas State Board of Public Accountancy
Effective date: February 1, 2005
Proposal publication date: November 26, 2004
For further information, please call: (512) 395-7848
22 TAC §521.1
The Texas State Board of Public Accountancy adopts an amendment
to §521.1 concerning Individual License Fees without changes to the proposed
text as published in the November 26, 2004, issue of the
Texas Register
(29 TexReg 10871). The text of the rule will not be
republished.
The amendment to §521.1 will increase individual annual license fees
by $30, from $30 to $60 per year. This is the first annual license fee increase
since 1994 when the annual license fee was set at $30, at which time the fee
was decreased from $60.00. During the intervening 10 years the number of licensees
has increased by 17%. The Board's operating and enforcement costs have increased
significantly without a corresponding increase in revenue. The Board's operations
and finances are overseen and governed by Board members that are highly experienced
and very competent in business matters, in reviewing business operations and
in improving procedures. The Board's ability to increase its efficiency and
to achieve operational economies is either exhausted or offer miniscule results.
The amendment will function by increasing Board revenues with which to
meet increasing operating and overhead expenses for the enforcement of the
Public Accountancy Act.
No comments were received regarding adoption of the rule.
The amendment is adopted under the Public Accountancy Act ("Act"),
Texas Occupations Code, §901.151 which provides the agency with the authority
to amend, adopt and repeal rules deemed necessary or advisable to effectuate
the Act.
No other article, statute or code is 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, 2005.
TRD-200500148
Rande Herrell
General Counsel
Texas State Board of Public Accountancy
Effective date: February 1, 2005
Proposal publication date: November 26, 2004
For further information, please call: (512) 395-7848
22 TAC §521.13
The Texas State Board of Public Accountancy adopts an amendment
to §521.13 concerning Firm License Fees without changes to the proposed
text as published in the November 26, 2004, issue of the
Texas Register
(29 TexReg 10872). The text of the rule will not be
republished.
The amendments to §521.13 will allow a firm to reinstate its license
by paying a penalty in addition to the license fee with the penalty amount
varying depending on the length of expiration and will increase the additional
fee paid by a firm for the number of CPAs in the firm by double the current
fee.
The amendment will function by enabling firms to reinstate their expired
licenses by payment of an appropriate penalty and by increasing Board revenues
with which to meet increasing operating and overhead expenses for enforcement
of the Public Accountancy Act.
No comments were received regarding adoption of the rule.
The amendment is adopted under the Public Accountancy Act ("Act"),
Texas Occupations Code, §901.151 which provides the agency with the authority
to amend, adopt and repeal rules deemed necessary or advisable to effectuate
the Act.
No other article, statute or code is 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, 2005.
TRD-200500149
Rande Herrell
General Counsel
Texas State Board of Public Accountancy
Effective date: February 1, 2005
Proposal publication date: November 26, 2004
For further information, please call: (512) 395-7848
Chapter 593.
LICENSES
22 TAC §593.1
The Texas Structural Pest Control Board adopts an amendment
to 22 TAC §593.1, concerning Persons Required to Secure License with
changes to the proposed text as published in the October 22, 2004, issue of
the
Texas Register
(29 TexReg 9795).
Justification for the rule is that the adoption will codify statute language
and clarify the requirements for each license category.
The rule will function in reflecting the correct statutory language. The
rule change also adds clarity by defining each certified applicator type.
The rule also explains the license status of a technician who has just started
as an apprentice.
No comments were received.
No group or association made comments for or against the rule.
The amendment is adopted under the Structural Pest Control Act,
Chapter 1951 of the Occupations Code, which provides the Texas Structural
Pest Control Board with the authority to license and regulate the structural
pest control industry.
§593.1.Persons Required to Secure License.
(a)
Business License. Any person engaged in structural pest
control must secure a business license from the Board for each business location,
including branch offices, in accordance with the Structural Pest Control Act
and the regulations of the Board. Each business license holder shall designate
a responsible certified commercial applicator for each business location who
is not also serving as a responsible certified commercial applicator for any
other business licensee or any other business location. No person shall engage
in, offer to engage in, advertise for, solicit, or perform any of the services
identified in Section 1951.002 of the Texas Structural Pest Control Act, for
compensation, without first obtaining a business license and having an certified
commercial applicator certified in each license category in which business
is conducted.
(b)
Responsible Certified Commercial Applicator--The person
licensed as a certified commercial applicator, who has been designated to
be the responsible certified commercial applicator for a business license
location, shall be responsible to provide training and direct supervision
for pest inspections, identifications, and control measures of a licensed
business. The person may be employed by other business license location(s)
and licensed by each location as a certified commercial applicator, but must
only be the responsible certified applicator for one business license location.
(c)
Certified Commercial Applicator--The person licensed as
a certified commercial applicator who can perform pest control services, identifications
and control measures without direct supervision. A certified commercial applicator
must be licensed for every business location for which the certified commercial
applicator is employed.
(d)
Certified Noncommercial Applicator--The person, who as
an employee, is responsible for providing pest control services to a governmental
entity, apartment building, day-care center, hospital, nursing home, hotel,
motel, lodge, warehouse, food-processing establishment, school or educational
institution and other noncommercial entities. The person licensed as a noncommercial
certified applicator shall be responsible to ensure training and direct supervision
for pest inspections, identifications, and control measures of a noncommercial
entity. A certified noncommercial applicator must be licensed for every business
entity for which the certified noncommercial applicator is employed.
(e)
Technician--The person who performs pest control services
under the direct supervision of a certified applicator must obtain a technician
license by meeting the standards prescribed by the Board in §593.21 of
this title (relating to Technician License Standards). A technician must be
licensed for every business or noncommercial entity for which the technician
is employed.
(f)
Apprentice--The person, who has made their initial application
for a technician license, has not passed the technician examination and performs
pest control services under the supervision of a licensed technician or a
certified applicator.
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, 2005.
TRD-200500150
Dale Burnett
Executive Director
Texas Structural Pest Control Board
Effective date: February 1, 2005
Proposal publication date: October 22, 2004
For further information, please call: (512) 305-8270
22 TAC §593.2
The Texas Structural Pest Control Board adopts an amendment
to 22 TAC §593.2, concerning License Application without changes to the
proposed text as published in the October 22, 2004, issue of the
Texas Register
(29 TexReg 9796).
Justification for the rule is that the adoption will update the rule by
removing the unused reciprocity agreement language and including all license
types registering on the Board provided form.
The rule will function in clarifying technician licenses as defined in
22 TAC §593.1(e). The other change deletes the reciprocity agreement
language since the Board does not maintain any reciprocity agreements with
other states. The term "physical address" is added to assist inspection needs.
No comments were received.
No group or association made comments for or against the rule.
The amendment is adopted under the Structural Pest Control Act,
Chapter 1951 of the Occupations Code, which provides the Texas Structural
Pest Control Board with the authority to license and regulate the structural
pest control industry.
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, 2005.
TRD-200500151
Dale Burnett
Executive Director
Texas Structural Pest Control Board
Effective date: February 1, 2005
Proposal publication date: October 22, 2004
For further information, please call: (512) 305-8270
22 TAC §593.3
The Texas Structural Pest Control Board adopts an amendment
to 22 TAC §593.3, concerning Insurance Requirement with changes to the
proposed text as published in the October 22, 2004, issue of the
Texas Register
(29 TexReg 9797).
Justification for the rule is that the adoption will update the rule using
the correct name for the Texas Department of Insurance and provide clarification
to insurance requirements for inactive licensees.
The rule will function in reflecting the current Board practice of establishing
proof of insurance. Other language changes were for clarity. Subsections (b)
and (c) were flipped in order to add continuity.
No comments were received.
No group or association made comments for or against the rule.
The amendment is adopted under the Structural Pest Control Act,
Chapter 1951 of the Occupations Code, which provides the Texas Structural
Pest Control Board with the authority to license and regulate the structural
pest control industry.
§593.3.Insurance Requirement.
(a)
Each business license applicant and certified noncommercial
applicator license applicant must submit certificate of insurance with proof
of coverage on the form provided by the Board in the amount of not less than
$200,000 for bodily injury and property damage coverage with a minimum total
annual aggregate of $300,000 for all occurrences. The insurance policy must
insure applicant for damage to persons or property occurring as a result of
operations performed in the course of the business of structural pest control
to premises or any other property under applicant's care, custody, or control.
No new business license or certified noncommercial applicator license will
be issued until insurance requirements are met. Policies must contain a cancellation
provision for notification to the Board not less than thirty (30) days prior
to cancellation. Certified noncommercial applicators employed by governmental
entities are exempt from this provision. Inactive certified applicators and
technicians that do not perform structural pest control work for compensation
or as a part of the duties of their employment are exempt from this provision.
(b)
A licensee who operates as a wood treater who treats wood
on commercial property owned by the licensee must submit with their application
a general liability insurance policy or certificate of coverage in the amount
of not less than $200,000 for bodily injury and property damage coverage with
a minimum total annual aggregate of $300,000 for all occurrences. No license
will be issued until this insurance requirement is met. Policies must contain
a cancellation provision for notification to the Board not less than thirty
(30) days prior to cancellation.
(c)
If payment of claims results in reducing the total aggregate
of coverage below $300,000, the insurance carrier must notify the Board and
the licensee within thirty (30) days. The licensee must obtain additional
coverage to meet the minimum requirements.
(d)
The Board will consider as sufficient only those policies
issued by insurers authorized by or registered with the Texas Department of
Insurance.
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, 2005.
TRD-200500152
Dale Burnett
Executive Director
Texas Structural Pest Control Board
Effective date: February 1, 2005
Proposal publication date: October 22, 2004
For further information, please call: (512) 305-8270
22 TAC §593.4
The Texas Structural Pest Control Board adopts an amendment
to 22 TAC §593.4, concerning Resident Agent without changes to the proposed
text as published in the October 22, 2004, issue of the
Texas Register
(29 TexReg 9798).
Justification for the rule is that the adoption will update the rule and
expressly includes all license categories.
The rule will function in making it clear that if a resident agent is not
designated, then the Texas Secretary of State will automatically be designated.
No comments were received.
No group or association made comments for or against the rule.
The amendment is adopted under the Structural Pest Control Act,
Chapter 1951 of the Occupations Code, which provides the Texas Structural
Pest Control Board with the authority to license and regulate the structural
pest control industry.
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, 2005.
TRD-200500153
Dale Burnett
Executive Director
Texas Structural Pest Control Board
Effective date: February 1, 2005
Proposal publication date: October 22, 2004
For further information, please call: (512) 305-8270
22 TAC §593.5
The Texas Structural Pest Control Board adopts an amendment
to 22 TAC §593.5, concerning Examinations without changes to the proposed
text as published in the October 22, 2004, issue of the
Texas Register
(29 TexReg 9798).
Justification for the rule is that the adoption will improve readability
and promote uniformity.
The rule will function on several levels. First, out-of-state experience
is clarified. The adoption also now incorporates computer based testing. The
regulation received additional clarification on what is a pest and the changes
also clarify some treatment methods. Also, the educational requirements were
clarified when an applicant possesses a degree. Finally, the order was changed
on some rules to provide clarity to a reader of the regulations.
No comments were received.
No group or association made comments for or against the rule.
The amendment is adopted under the Structural Pest Control Act,
Chapter 1951 of the Occupations Code, which provides the Texas Structural
Pest Control Board with the authority to license and regulate the structural
pest control industry.
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, 2005.
TRD-200500154
Dale Burnett
Executive Director
Texas Structural Pest Control Board
Effective date: February 1, 2005
Proposal publication date: October 22, 2004
For further information, please call: (512) 305-8270
22 TAC §593.6
The Texas Structural Pest Control Board adopts an amendment
to 22 TAC §593.6, concerning License Expiration and Renewal without changes
to the proposed text as published in the October 22, 2004, issue of the
Justification for the rule is that the adoption will improve readability
and promote uniformity.
The rule will function on several levels. The changes will provide clarification.
The requirement will also incorporate the statutory requirements of Occ. Code §1951.302.
Lastly, the two year requirement on certified non-commercial applicators is
changed to one year. This change will bring the Board's licensing requirements
closer to the Board's actual requirements for licensing commercial applicators.
No comments were received.
No group or association made comments for or against the rule.
The amendment is adopted under the Structural Pest Control Act,
Chapter 1951 of the Occupations Code, which provides the Texas Structural
Pest Control Board with the authority to license and regulate the structural
pest control industry.
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, 2005.
TRD-200500155
Dale Burnett
Executive Director
Texas Structural Pest Control Board
Effective date: February 1, 2005
Proposal publication date: October 22, 2004
For further information, please call: (512) 305-8270
22 TAC §593.7
The Texas Structural Pest Control Board adopts an amendment
to 22 TAC §593.7, concerning Fees without changes to the proposed text
as published in the October 22, 2004, issue of the
Texas Register
(29 TexReg 9801.)
Justification for the rule is that the adoption provides clarity as to
how long a license is valid.
The rule will function by providing clarification as to the length of time
a license will run.
No comments were received.
No group or association made comments for or against the rule.
The amendment is adopted under the Structural Pest Control Act,
Chapter 1951 of the Occupations Code, which provides the Texas Structural
Pest Control Board with the authority to license and regulate the structural
pest control industry.
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, 2005.
TRD-200500156
Dale Burnett
Executive Director
Texas Structural Pest Control Board
Effective date: February 1, 2005
Proposal publication date: October 22, 2004
For further information, please call: (512) 305-8270
22 TAC §593.8
The Texas Structural Pest Control Board adopts an amendment
to 22 TAC §593.8, concerning Loss of Certified Applicator or Business
License Holder without changes to the proposed text as published in the October
22, 2004, issue of the
Texas Register
(29
TexReg 9802.)
Justification for the rule is that the adoption improves readability, and
clarifies how to get a temporary hardship license.
The rule will function by providing clarification as the requirements of
obtaining a hardship license from the Board.
No comments were received.
No group or association made comments for or against the rule.
The amendment is adopted under the Structural Pest Control Act,
Chapter 1951 of the Occupations Code, which provides the Texas Structural
Pest Control Board with the authority to license and regulate the structural
pest control industry.
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, 2005.
TRD-200500157
Dale Burnett
Executive Director
Texas Structural Pest Control Board
Effective date: February 1, 2005
Proposal publication date: October 22, 2004
For further information, please call: (512) 305-8270
22 TAC §593.9
The Texas Structural Pest Control Board adopts an amendment
to 22 TAC §593.9 concerning Licensing of Persons with Criminal Backgrounds
without changes to the proposed text as published in the October 22, 2004,
issue of the
Texas Register
(29 TexReg 9803).
Justification for the rule is that the adoption reflects the codification
to the Occupations Code and defines additional criminal actions that can deny
issuance of a license.
The rule will function by providing reflecting the changes in codifying
the Structural Pest Control Act from Art. 135b-6 to Occupations Code, Chapter
1951. It also updates changes in the law on various criminal acts.
No comments were received.
No group or association made comments for or against the rule.
The amendment is adopted under the Structural Pest Control Act,
Chapter 1951 of the Occupations Code, which provides the Texas Structural
Pest Control Board with the authority to license and regulate the structural
pest control industry.
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, 2005.
TRD-200500158
Dale Burnett
Executive Director
Texas Structural Pest Control Board
Effective date: February 1, 2005
Proposal publication date: October 22, 2004
For further information, please call: (512) 305-8270
22 TAC §593.10
The Texas Structural Pest Control Board adopts an amendment
to 22 TAC §593.10, concerning Licensing of Persons with Delinquent Student
Loans without changes to the proposed text as published in the October 22,
2004, issue of the
Texas Register
(29 TexReg
9804).
Justification for the rule is that the adoption improves readability and
promote uniformity.
The rule will function by providing for clarifications to Board policies.
No comments were received.
No group or association made comments for or against the rule.
The amendment is adopted under the Structural Pest Control Act,
Chapter 1951 of the Occupations Code, which provides the Texas Structural
Pest Control Board with the authority to license and regulate the structural
pest control industry.
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, 2005.
TRD-200500159
Dale Burnett
Executive Director
Texas Structural Pest Control Board
Effective date: February 1, 2005
Proposal publication date: October 22, 2004
For further information, please call: (512) 305-8270
22 TAC §593.11
The Texas Structural Pest Control Board adopts an amendment
to 22 TAC §593.11, concerning Certified Noncommercial Applicator Restrictions
without changes to the proposed text as published in the October 22, 2004,
issue of the
Texas Register
(29 TexReg 9804).
Justification for the rule is that the adoption provides grammatical changes.
The rule will function by providing for grammatical changes.
No comments were received.
No group or association made comments for or against the rule.
The amendment is adopted under the Structural Pest Control Act,
Chapter 1951 of the Occupations Code, which provides the Texas Structural
Pest Control Board with the authority to license and regulate the structural
pest control industry.
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, 2005.
TRD-200500160
Dale Burnett
Executive Director
Texas Structural Pest Control Board
Effective date: February 1, 2005
Proposal publication date: October 22, 2004
For further information, please call: (512) 305-8270
22 TAC §593.12
The Texas Structural Pest Control Board adopts an amendment
to 22 TAC §593.12, concerning Right-of-way Certification without changes
to the proposed text as published in the October 22, 2004, issue of the
Justification for the rule is that the adoption reflects the statute change
on jurisdiction.
The rule will function by reflecting that the Board and the Texas Department
of Agriculture share jurisdiction.
No comments were received.
No group or association made comments for or against the rule.
The amendment is adopted under the Structural Pest Control Act,
Chapter 1951 of the Occupations Code, which provides the Texas Structural
Pest Control Board with the authority to license and regulate the structural
pest control industry.
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, 2005.
TRD-200500161
Dale Burnett
Executive Director
Texas Structural Pest Control Board
Effective date: February 1, 2005
Proposal publication date: October 22, 2004
For further information, please call: (512) 305-8270
22 TAC §593.21
The Texas Structural Pest Control Board adopts an amendment
to 22 TAC §593.21, concerning Commercial and NonCommercial Technician
License Requirements without changes to the proposed text as published in
the October 22, 2004, issue of the
Texas Register
(29 TexReg 9805).
Justification for the rule is that the adoption will improve readability
and promote uniformity.
The rule will function by making clear some of calendar time lines for
getting a technician's license. The changes will also add some additional
requirements for submitting a correct application. Other changes are grammatical
in nature or the changes were made to reflect the change in the statutory
name. Another change was made on the renewal date. This change clearly spells
out that the birthdate is the demarcation line for making a determination
on renewals.
No comments were received.
No group or association made comments for or against the rule.
The amendment is adopted under the Structural Pest Control Act,
Chapter 1951 of the Occupations Code, which provides the Texas Structural
Pest Control Board with the authority to license and regulate the structural
pest control industry.
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, 2005.
TRD-200500162
Dale Burnett
Executive Director
Texas Structural Pest Control Board
Effective date: February 1, 2005
Proposal publication date: October 22, 2004
For further information, please call: (512) 305-8270
22 TAC §593.23
The Texas Structural Pest Control Board adopts an amendment
to 22 TAC §593.23 concerning Continuing Education Requirements for Certified
Applicators with changes to the proposed text as published in the October
22, 2004, issue of the
Texas Register
(29
TexReg 9807).
Justification for the rule is that the adoption improves readability and
promote uniformity.
The rule will function by changing references from gender to licensee to
reflect the use of the correct language. The change on time is made to reflect
that individuals will change employers. The other changes reflect the conditions
for hardship as listed in 22 TAC §593.8. The deletion of the reference
to the Board reflects the actual practice that the Executive Director decides
hardship requests. Lastly, the change on records is made to be consistent
with the proposed change to 22 TAC §593.21(j).
No comments were received.
No group or association made comments for or against the rule.
The amendment is adopted under the Structural Pest Control Act,
Chapter 1951 of the Occupations Code, which provides the Texas Structural
Pest Control Board with the authority to license and regulate the structural
pest control industry.
§593.23.Continuing Education Requirements for Certified Applicators.
(a)
Except as provided in subsections (e) and (f) of this section,
the Board shall require as a condition to the renewal of each certified applicator
license granted pursuant to the provisions of this section, that the holder
thereof certify to the Board that the licensee has completed courses of continuing
education approved by the Board that cover the applicator's category(ies)
of certification for the preceding twelve (12) months from licensee's date
of birth . This certification must be completed upon each renewal of the certified
applicator's license. Failure to do so will prevent the license from being
renewed.
(b)
Each certified applicator is required to obtain two (2)
units in general training and one (1) unit in each category in which the applicator
is certified. General training is defined to include the topics included in
the Texas Structural Pest Control Act, Section 1951.351(c). Of the two (2)
general training units required for recertification, at least one (1) must
be in federal and state laws, pesticide safety, environmental protection,
or integrated pest management. The other may be in any general topic.
(c)
No approved course may be repeated for credit within the
same recertification year.
(d)
No more than one (1) unit each year may be obtained through
a self-study or electronic course.
(e)
Applicators will not be required to obtain units for the
first year in which their license is issued. Applicators who become certified
in additional categories during any annual renewal period will not be required
to obtain units in those categories for that period.
(f)
Upon written request, the Executive Director may grant
a hardship extension to a certified applicator due to extenuating circumstances.
The length of the hardship is at the discretion of the Executive Director.
(g)
Each certified applicator must keep a certificate of completion
for each course attended for a period of two years, and submit such records
to the Board on request. These records are subject to inspection by Board
personnel at any time. Continuing education certificates will be made available
to the licensee within twenty (20) days of the written request.
(h)
The penalty for falsifying continuing education records
is a fine of $2500 to $5000, a revocation of a license for a minimum of one
(1) year and re-testing by the certified applicator.
(i)
Certified applicators found not in compliance will have
twenty (20) days to produce the required certificates of completion for courses
previously attended prior to the initiation of enforcement proceedings. Certified
applicators who do not meet the recertification requirements will have their
licenses suspended in all deficient categories for one (1) year or until all
deficiencies are corrected, and they must then re-qualify by taking the certification
examination.
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, 2005.
TRD-200500163
Dale Burnett
Executive Director
Texas Structural Pest Control Board
Effective date: February 1, 2005
Proposal publication date: October 22, 2004
For further information, please call: (512) 305-8270
22 TAC §593.24
The Texas Structural Pest Control Board adopts an amendment
to 22 TAC §593.24, concerning Criteria and Evaluation of Continuing Education
with changes to the proposed text as published in the October 22, 2004, issue
of the
Texas Register
(29 TexReg 9808.)
Justification for the rule is that the proposal improves readability and
promote uniformity. The change also expands on the penalties for individuals
who do not follow Board requirements for continuing education providers.
The rule will function by deleting unnecessary grammer like recency. The
addition of physical address will be an aid to investigators in monitoring
presentations. The last change will be for those CEU providers who are not
deterred by monetary penalties.
No comments were received.
No group or association made comments for or against the rule.
The amendment is adopted under the Structural Pest Control Act,
Chapter 1951 of the Occupations Code, which provides the Texas Structural
Pest Control Board with the authority to license and regulate the structural
pest control industry.
§593.24.Criteria and Evaluation of Continuing Education.
(a)
The staff shall evaluate continuing education programs,
and assign the number of category units for each one. No more than one unit
will be assigned for any hour of net actual instruction time. A course may
be approved for a maximum of two (2) consecutive years. After a maximum of
two (2) years, any previously approved course must have substantial changes
in order to qualify for continuing education credit. The staff will consider
the learning objectives, technical information given, the accuracy of the
information, the relevance of the information to structural pest control,
the qualifications of the instructor, and the amount of actual training or
self-study time devoted to each program in the process of evaluation. Each
continuing education program, including self-study and electronic courses
submitted for approval must contain the following:
(1)
a copy of handout materials, if any, which will be distributed
to participants during the course;
(2)
inclusive length of time of the course stated in hours,
and minutes except electronic and self-study courses;
(3)
date , time, physical address, and city of presentation
or examination for self-study courses or electronic courses or if unknown,
agreement to provide two (2) weeks notice of each date of presentation or
examination;
(4)
category(ies) and number of units in which continuing education
units are requested;
(5)
a detailed course outline which will indicate the scope
of the course and learning objectives; and
(6)
additional information as requested.
(b)
If the speaker, self-study course provider or electronic
provider has not been previously approved, the minimum requirements to qualify
as a speaker, course presenter, self-study or electronic course provider are:
(1)
a degree from a recognized institution of higher learning
which pertains to the course being taught; or
(2)
five (5) years experience as an applicator certified by
the Texas Structural Pest Control Board with a current license in the category
to be taught; or
(3)
verifiable proof of training and teaching experience within
the preceding three (3) years; or
(4)
a combination of education, work related training, and
teaching experience which, in the opinion of the Board, would be equivalent
to two of the three requirements as previously stated.
(c)
Any person seeking approval of a training course must submit
the information required at least thirty (30) days prior to the first day
of presentation or first offering of an electronic or self-study course. The
Executive Director may waive this requirement due to special circumstances.
The staff must evaluate and recommend credits within thirty (30) days from
the date submitted.
(d)
Parts of courses, which focus on promotion of products,
policies, or procedures of a company, cannot be included for units. Courses
and instructors may be re-evaluated at the Board's discretion. Any changes
to courses must be submitted to the Board thirty (30) days prior to the date
of presentation.
(e)
The Executive Director may direct the staff to re-evaluate
its approval of a course or speaker under the provisions of subsection (a)
and (b) of this section.
(f)
The Board may enter into a memorandum of agreement with
a state or professional society or association to recognize the state's pesticide
applicator recertification of the society's professional applicator recertification
or satisfaction of the requirements of this section for commercial and noncommercial
applicator recertification only if:
(1)
the standards for recertification meet or exceed the standards
of the recertification period as set out in this section;
(2)
the agreement reduces duplication of effort and does not
increase the recordkeeping burden of the Board.
(g)
A certified applicator may submit the information required
in §593.24(a),(2), (4) and (5) the names of instructors and verification
of attendance for any course attended by the certified applicator which was
not previously approved within thirty (30) days of attendance of the course.
The Board staff will notify the certified applicator of any units awarded.
(h)
Each continuing education program, including self-study
and electronic courses submitted for approval must be accompanied by the following
information on each speaker, self-study course or electronic course:
(1)
name, address, telephone number and company, organization,
or institution of higher learning affiliation;
(2)
a resume which includes, but is not limited to, the following
information;
(A)
formal education-degrees held and granting institutions;
(B)
industry-related technical experience which relates to
the subject matter to be taught;
(C)
industry-related teaching experience which relates to the
subject matter to be taught;
(D)
address and telephone number of at least three references;
(E)
membership in trade associations and/or professional organizations;
and
(F)
publications as sole or junior author.
(i)
The sponsor's name, physical address and telephone number
will accompany each continuing education program submitted for approval.
(j)
Each sponsor shall institute a means or system that verifies
that participants attended the training program throughout its stated length
or completed self-study program. These systems may include, but are not limited
to, sign-in-sign-out rosters, course completion certificates, or the system
may be incorporated into the means to verify the participant's comprehension
of a subject matter presented . The sponsor or instructor must be alert and
actively monitor the participants in the course.
(k)
The sponsor must issue a certificate of completion within
twenty-one (21) days of course to each applicator completing the course. This
document must include at least the following information:
(1)
certified applicator name and certified applicator assigned
number;
(2)
name of sponsor or sponsoring agency, company, or organizations;
(3)
number and category of continuing education units awarded;
(4)
date and location of training or verification test.
(l)
The sponsor must maintain course completion records for
two (2) years and a list of participants must be forwarded to the Board within
twenty-one (21) days of completion of the training course. List must contain
name of sponsor, course title and course number(s), number of units awarded,
speaker name and number(s), name of attendee and license number, if applicable.
(m)
A non-refundable annual fee is due for each course taken
into consideration for approval. Courses may be considered on a two year basis
if the course presenter submits a fee of $40.00 for each year at the time
of submission. Course will be approved for a maximum of two (2) consecutive
years. Governmental agencies are exempt from this fee if the course is presented
as a part of the legally mandated function of the agency or main purpose is
education.
(n)
For purposes of this section, a course is defined as specific
instruction in a category presented by any one sponsor, company or organization.
(o)
"Sponsor" means the person, company or organization that
compiles, organizes, writes and/or produces category specific training courses
to be given at a training seminar submitted to the Texas Structural Pest Control
Board for approval as continuing education program for recertification units.
The sponsor is responsible for establishing procedures for verification of
completion and comprehension of its courses, and for awarding course completion
certificates. The sponsor must be responsible for the qualifications, competence
and performance of the authors, speakers, presenters, or instructors who produce
or present its courses, and for performance of self-study course examination.
(p)
Videotapes, slides or other media presentations shall not
be approved by the Board unless accompanied by a qualified speaker and course
outline, as required by subsection (a) and (c) of this section or unless approved
as a self-study course under subsection (h) of this section.
(q)
Personnel of the Texas Structural Pest Control Board are
exempt from any fee charged for a continuing education program if they are
monitoring the program as a part of the duties of their employment.
(r)
A course may be approved as a self-study or electronic
course if it meets the following additional criteria:
(1)
attendees must take an examination designed to verify their
knowledge of the material provided in the course. The course sponsors must
grade the examination and keep records for a minimum of two (2) years.
(2)
the attendee's grade on the examination must be at least
70% correct to obtain credit for the course.
(3)
the examination for a self-study course must be proctored
by the course provider or person responsible to the course provider. The examination
location must be made available and accessible to Board staff.
(4)
a self-study course examination proctor must be a certified
applicator licensed by the Texas Structural Pest Control Board. Anyone serving
as an examination proctor may not take a verification exam for credit while
serving as a monitor.
(s)
A course may be approved as an electronic course if verified
by the responsible certified applicator of the pest control company and/or
noncommercial entity.
(t)
A self-study course or electronic course is limited to
one continuing education unit in the general training or a specific category.
(u)
The Executive Director may re-evaluate or cancel a currently
approved continuing education course during the calendar year for failure
to comply with the elements of the course as outlined in this section.
(v)
The penalty for a sponsor or speaker falsifying an application
for recertification record can be as much as $5000. A penalty of $5000 per
incident may be imposed to a sponsor of a continuing education course for
the following:
(1)
Failure to notify the Board of course presentation as required
in subsection (a)(3) of this section.
(2)
Failure to submit a list of participants to the Board as
required in subsection (l) of this section.
(3)
Failure to issue a certificate of completion to each applicator
after course completion as required in subsection (k) of this section.
(4)
Providing a certificate of attendance to a certified applicator
licensee who did not attend and/or complete the course requirements.
(5)
Falsely claiming to have conducted a continuing education
course.
(6)
Failure to conduct a continuing education course for the
required length of time.
(7)
Making a sales promotion during the instructional period
of the continuing education course.
(w)
Any continuing education provider who violates this section
can have the provider privileges revoked or suspended.
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, 2005.
TRD-200500164
Dale Burnett
Executive Director
Texas Structural Pest Control Board
Effective date: February 1, 2005
Proposal publication date: October 22, 2004
For further information, please call: (512) 305-8270
Chapter 621.
ADMINISTRATION
Subchapter B. BARBER COLLEGES, SCHOOLS, AND STUDENTS
Subchapter D. BARBER SHOPS
Subchapter G. PERSONNEL - QUALIFICATIONS AND DUTIES
Part 4.
TEXAS COSMETOLOGY COMMISSION
Part 22.
TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY
Chapter 521.
FEE SCHEDULE
Part 25.
TEXAS STRUCTURAL PEST CONTROL BOARD
Part 27.
BOARD OF TAX PROFESSIONAL EXAMINERS