TITLE 22.EXAMINING BOARDS

Part 1. TEXAS BOARD OF ARCHITECTURAL EXAMINERS

Chapter 7. ADMINISTRATION

22 TAC §7.10

The Texas Board of Architectural Examiners proposes an amendment to §7.10 for Title 22, Chapter 7, pertaining to fees charged by the agency. The reason for the proposed amendment is to reduce the fees charged for renewal of registration. The amendment also increases the charges for the Landscape Architecture Registration Examination and the examination for registration as an interior designer. The fees charged for the examination are set by the examination providers which contract with the agency. The reduction in the renewal fee will result in the reduction of fees charged for late renewals because the extra charge for a late renewal is a percentage of the renewal fee. The amendment will also reduce the fee charged for duplicate registration certificates and eliminate the fee charged for a duplicate pocket card certificate. The reason for the proposed fee reduction is to align the agency's revenue with its reduced expenditures resulting from automation of agency functions and more efficient agency operations. If adopted, the registration renewal fees for Texas registrants will be reduced by at least $5.

Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, has determined that for the first five-year period the amended rule is in effect, the revenue paid to the agency will be reduced by $102,690 per year. There will be no effect to the revenue paid to local government. The fees charged for professional examinations are paid directly to the examination provider. Therefore, the increase in the fees for the landscape architecture and interior design examinations will have no fiscal impact on state or local government.

Ms. Hendricks, has also determined that for the first five-year period the amended rule is in effect the public benefits expected as a result of the amended rule are as follows: a reduction in the cost to maintain registration with the agency. The rule will have a minor positive impact on small business. There will be a reduction in the cost to most persons required to comply with the section. Candidates for the landscape architecture and interior design examination will pay a higher fee to take the examination. The providers for the landscape architecture and the interior design examinations estimate a maximum fee of $885 and $720, respectively, in 2007.

Comments may be submitted to Cathy L. Hendricks, RID/ASID/IIDA, Executive Director, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.

The new rule is proposed pursuant to §1051.202, Texas Occupations Code Annotated, which grants the Board general authority to adopt rules to administer or enforce its enabling legislation; §1051.351, Texas Occupations Code Annotated, which requires payment of a renewal fee to renew a certificate of registration issued by the Board; §1051.357, Texas Occupations Code, which allows the Board to charge a registration renewal fee to an emeritus architect in an amount reasonable and necessary to recover the costs to administer emeritus registration; §1051.651, Texas Occupations Code Annotated, which allows the Board to set architectural registration renewal fees in an amount reasonable and necessary to cover administrative costs; §1052.054, Texas Occupations Code Annotated, which allows the Board to set a fee for board action, including renewal of landscape architectural registration renewal, in an amount reasonable and necessary to cover administrative costs of carrying out and enforcing laws relating to landscape architecture; and §1053.052, Texas Occupations Code Annotated, which allows the Board to set fees, including interior design registration renewal fees, in an amount reasonable and necessary to cover administrative costs of carrying out and enforcing laws relating to interior design.

The proposed amendment to §7.10 will have no effect on other statutes.

§7.10.General Fees.

(a) (No change.)

(b) In addition to any fees established elsewhere in these rules, by the Act, or by another provision of Texas law, the following fees shall apply to services provided by the Board:

Figure: 22 TAC §7.10(b)

(c) - (f) (No change.)

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 February 2, 2007.

TRD-200700290

Cathy L. Hendricks, RID/ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Earliest possible date of adoption: March 18, 2007

For further information, please call: (512) 305-8544


Part 25. TEXAS STRUCTURAL PEST CONTROL BOARD

Chapter 593. LICENSES

22 TAC §593.1

The Texas Structural Pest Control Board proposes an amendment to 22 TAC §593.1, Persons Required to Secure License. The proposal is designed to correct a typographical error made during the last amendment to this section in 2005. At that time, the reference in §593.1(a) intended to be made to §1951.003 of the Structural Pest Control Act ("the Act") was inadvertently transcribed as "Section 1951.002" of the Act. The mistaken reference to §1951.002 had made the last sentence of §593.1(a) unintelligible, a problem which will be corrected by this proposed amendment.

Rita Martinez, Acting Executive Director, has determined that there will be no fiscal implications as a result of enforcing or administering the rule. There is no estimated additional cost or estimated reduction in cost for state government. There will be no estimated increase in revenue to state government for the first five-year period the rule will be in effect. There will be no estimated additional cost, estimated reduction in cost, or estimated increase in revenue on local government for the first five-year period the rule will be in effect.

There will be no cost of compliance for small businesses since the rule proposal does not affect them.

There is no cost comparison for small or large businesses since they will not be affected by the rule proposal.

Rita Martinez, Acting Executive Director, has determined that, for each of the first five years the rule as proposed is in effect, the public benefits anticipated as a result of enforcing the rule as proposed will be that individuals who possess an enforcement history in other states will be prevented from moving to Texas and operating.

Comments on the proposal may be submitted to Glen Grunberger, General Counsel, Texas Structural Pest Control Board, P.O. Box 1927, Austin, TX 78767.

The amendment is proposed under the Texas Occupations Code, Chapter 1951, which provides the Texas Structural Pest Control Board with the authority to license and regulate the structural pest control industry.

No other statute, code or article is affected by this proposal.

§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 Texas Structural Pest Control Act and the regulations of the Board. Each business license holder must 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 1951.003 [ Section 1951.002 ] of the Texas Structural Pest Control Act, for compensation, without first obtaining a business license and having a certified commercial applicator certified in each license category in which business is conducted.

(b) - (f) (No change.)

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 January 31, 2007.

TRD-200700275

Rita Martinez

Acting Executive Director

Texas Structural Pest Control Board

Earliest possible date of adoption: March 18, 2007

For further information, please call: (512) 305-8270