TITLE 16.ECONOMIC REGULATION

Part 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION

Chapter 60. TEXAS COMMISSION OF LICENSING AND REGULATION

Subchapter B. ORGANIZATION

16 TAC §60.64

The Texas Department of Licensing and Regulation ("Department") proposes amendments to an existing rule at 16 Texas Administrative Code Chapter 60, Subchapter B, §60.64 regarding the duration of advisory committees/boards/councils governed by the Texas Commission of Licensing and Regulation ("Commission").

The proposed amendments to §60.64 continue the existence of the Architectural Barriers Advisory Committee, Air Conditioning and Refrigeration Advisory Council, Auctioneer Education Advisory Board, Board of Boiler Rules, Elevator Advisory Board, Licensed Court Interpreter Advisory Board, Property Tax Consultants Advisory Council, Water Well Drillers Advisory Council, and the Weather Modification Advisory Committee. The proposed changes will extend the duration of each of these advisory bodies from the abolishment date set forth in the current rule to September 1, 2010. The proposed amendments to §60.64 also proposes to establish abolishment dates by rule for the Advisory Board on Barbering, Advisory Board on Cosmetology, Electrical Safety and Licensing Advisory Board, Medical Advisory Committee, and the Vehicle Protection Product Warrantor Advisory Board. The proposed changes will establish the duration of each of these advisory bodies to September 1, 2010.

The proposed amendments are necessary in order to comply with Texas Government Code, §2110.008 which authorizes a state agency that has established an advisory committee to designate the date on which the committee will automatically be abolished. The designation must be by rule. The committee may continue in existence after that date only if the agency amends the rule to provide for a different abolishment date. The Commission relies on these advisory bodies to provide technical knowledge of their respective programs and industries, and receives expert advice from them on matters critical to the Commission's protection of public health, safety, and welfare. Additionally, if these advisory bodies are not continued in existence, state statutory requirements and duties imposed on each of these advisory bodies would not be fulfilled. The proposed changes set forth the period for which each advisory body will be continued noting the abolishment date for that advisory body.

William H. Kuntz, Jr., Executive Director, has determined that for the first five-year period the proposed amendments are in effect there will be no cost to state or local government as a result of enforcing or administering the amended rule.

Mr. Kuntz also has determined that for each year of the first five-year period the amended section is in effect, the public benefit anticipated will be an opportunity to receive technical knowledge and expert advice from the advisory bodies on matters related to their respective industries that are critical to the Commission's protection of public health, safety, and welfare, and to fulfill statutory requirements and duties applicable to these advisory bodies.

The Commission does not anticipate any additional economic costs to licensees, small or micro-businesses, or other persons as a result of the proposed rule changes.

Comments on the proposal may be submitted to Caroline Jackson, Legal Assistant, General Counsel's Office, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, or facsimile (512) 475-3032, or electronically: caroline.jackson@license.state.tx.us. The deadline for comments is 30 days after publication in the Texas Register .

The amendments are proposed under Texas Occupations Code, Chapter 51, §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 Texas Government Code, Chapter 2110, §2110.008 which authorizes state agency's to continue the existence of an advisory committee beyond the four-year period following the date of creation of the committee.

The statutory provisions affected by the proposal are those set forth in Texas Occupations Code, Chapters 51, 1152, 1302, 1305, 1601 - 1603, 1802, 1901, 2052, and 2306; Texas Government Code, Chapters 57 and 469; Texas Health and Safety Code, Chapters 754 and 755; and Texas Agriculture Code, Chapters 301 and 302.

No other statutes, articles, or codes are affected by the proposal.

§60.64.Duration of Advisory Committee/Boards/Councils.

In accordance with Texas Government Code Annotated, §2110.008 the Commission establishes the following periods during which the advisory committee/boards/councils listed will continue in existence. The automatic abolishment date of each advisory committee/board/council will be the date listed for that committee/board/council unless the Commission subsequently establishes a different date:

(1) Advisory Board on Barbering--09/01/2010

(2) Advisory Board on Cosmetology--09/01/2010

(3) [ (1) ] Architectural Barriers Advisory Committee-- 09/01/2010 [ 09/01/2006 ];

(4) [ (2) ] Air Conditioning and Refrigeration Advisory Council -- 09/01/2010 [ 09/01/2006 ];

(5) [ (3) ] Auctioneer Education Advisory Board-- 09/01/2010 [ 09/01/2006 ];

(6) [ (4) ] Board of Boiler Rules-- 09/01/2010 [ 09/01/2006 ];

(7) Electrical Safety and Licensing Advisory Board--09/01/2010

(8) [ (5) ] Elevator Advisory Board-- 09/01/2010 [ 09/01/2006 ];

(9) [ (6) ] Licensed Court Interpreter Advisory Board-- 09/01/2010 [ 09/01/2006 ];

(10) Medical Advisory Committee--09/01/2010

(11) [ (7) ] Property Tax Consultants Advisory Council-- 09/01/2010 [ 09/01/2006 ];

(12) [ (8) ] Vehicle Protection Product Warrantor [ Service Contract Providers ] Advisory Board-- 09/01/2010 [ 09/01/2006 ];

(13) [ (9) ] Water Well Drillers Advisory Council-- 09/01/2010 [ 09/01/2006 ]; and

(14) [ (10) ] Weather Modification Advisory Committee-- 09/01/2010 [ 09/01/2006 ].

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 12, 2006.

TRD-200603179

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Earliest possible date of adoption: July 23, 2006

For further information, please call: (512) 463-7348


Chapter 80. LICENSED COURT INTERPRETERS

16 TAC §80.25

The Texas Department of Licensing and Regulation ("Department") proposes amendments to an existing rule at 16 Texas Administrative Code, Chapter 80, §80.25, concerning continuing education requirements for licensed court interpreters. The Commission of Licensing and Regulation ("Commission") adopted §80.25 under Texas Occupations Code, §51.405, which directs the Commission to recognize, prepare, or administer continuing education programs for licensees. The rule as adopted requires licensees in the licensed court interpreter program to complete eight hours of Department-approved continuing education as a condition of renewing the license. Subsection (h) states that the rule applies to licenses expiring on or after September 1, 2006.

The proposed amendment to subsection (h) would make the rule apply to licenses expiring on or after September 1, 2007. This change would extend the time for licensees to comply with continuing education requirements. The change is needed because there have not been a sufficient number of continuing education providers seeking Department approval to offer continuing education courses to licensed court interpreters. Because of this, licensees needing to renew their licenses beginning September 1, 2006 will have difficulty meeting the continuing education requirements. The Department expects that the extension of time will allow for additional providers to be approved to offer continuing education to licensees.

The proposed new subsection (i) allows a licensee whose license expires before September 1, 2008, and who renews the license before September 1, 2008, up to two years prior to the license expiration date in which to complete required continuing education hours, in the case of a timely renewal, or up to two years prior to the date of renewal to complete the hours, in the case of a late renewal. The purpose of this provision is to prevent harm to licensees who may have completed continuing education courses in anticipation of renewing the license on or after September 1, 2006. The Department believes that this provision will make for a smoother transition to the new beginning date for continuing education compliance.

This rule is necessary to implement Texas Occupations Code, §51.405, which requires the Texas Commission of Licensing and Regulation ("Commission") to recognize, prepare, or administer continuing education programs for license holders.

William H. Kuntz, Jr., Executive Director, has determined that for the first five-year period the amended rule is in effect there will be no impact to costs or revenues of the State in enforcing or administering the amended rule. There will be no impact to costs or revenues of local government as a result of enforcing or administering the amended rule.

Mr. Kuntz also has determined that for each year of the first five-year period the amended rule is in effect, the public benefit will be that licensees will be subject to reasonable continuing education requirements which will not unduly interfere with the services they provide to the judicial system and the public.

Mr. Kuntz has determined that there will be no effect on small or micro-businesses as a result of the proposed amendments. There are no anticipated economic costs to persons who are required to comply with the proposed amendments.

Comments on the proposal may be submitted to Caroline Jackson, Legal Assistant, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, or facsimile (512) 475-3032, or electronically: caroline.jackson@license.state.tx.us. The deadline for comments is 30 days after publication in the Texas Register .

The amendments are proposed under Texas Government Code, Chapter 57 and Texas Occupations Code, Chapter 51, which authorize the Department to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department. In particular, the rule implements Texas Occupations Code, §51.405.

The statutory provisions affected by the proposal are those set forth in Texas Government Code, Chapter 57 and Texas Occupations Code, Chapter 51. No other statutes, articles, or codes are affected by the proposal.

§80.25.Continuing Education.

(a) - (g) (No change.)

(h) This section shall apply to licenses issued under Texas Government Code, Chapter 57, Subchapter C, that expire on or after September 1, 2007 [ September 1, 2006 ].

(i) Notwithstanding subsection (c), a licensee whose license expires before September 1, 2008, and who renews the license before September 1, 2008, shall have:

(1) for a timely renewal, up to two years prior to the expiration date of the license in which to complete continuing education hours required for that renewal; or

(2) for a late renewal, up to two years prior to the date of renewal in which to complete continuing education hours required for that renewal.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 12, 2006.

TRD-200603180

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Earliest possible date of adoption: July 23, 2006

For further information, please call: (512) 463-7348