Part 6. TEXAS BOARD OF PROFESSIONAL ENGINEERS
Chapter 131. ORGANIZATION AND ADMINISTRATION
Subchapter F. ADMINISTRATION
The Texas Board of Professional Engineers adopts an amendment to §131.81, concerning Definitions, without changes to the proposed text as published in the December 7, 2007, issue of the Texas Register (32 TexReg 9003) and will not be republished.
The adopted amendment includes two terms that were not part of the definitions previously. The adopted rule adds language to allow engineers to use an electronic seal and an electronic signature for sealing their work as the procedures are described in the Texas Engineering Practice Act. This change allows an engineer to scan their signature and affix it to documents. This modification is intended to assist engineers in transmitting work electronically. The amendment is adopted in conjunction with adopted amendments to §§137.31, 137.33, 137.35, 137.37, and 139.35, published elsewhere in this issue of the Texas Register.
No comments were received regarding adoption of the amendment.
The amendment is adopted pursuant to the Texas Engineering Practice Act, Occupations Code §1001.202, which authorizes the board to make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practice of engineering in this state and Occupations Code §1001.401 which outlines sealing requirements.
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 April 7, 2008.
TRD-200801769
Dale Beebe Farrow, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: April 27, 2008
Proposal publication date: December 7, 2007
For further information, please call: (512) 440-7723
Subchapter B. SEALING REQUIREMENTS
The Texas Board of Professional Engineers (TBPE) adopts an amendment to §137.31, concerning Seal Specifications, with changes to the proposed text as published in the December 7, 2007, issue of the Texas Register (32 TexReg 9007). The text of the rule will be republished.
The adopted rule adds language to allow engineers to use an electronic seal and an electronic signature for sealing their work as the procedures are described in the Texas Engineering Practice Act. This change allows an engineer to scan their signature and affix it to documents. This modification is intended to assist engineers in transmitting work electronically. The amendment is adopted in conjunction with adopted amendments to §§131.81, 137.33, 137.35, 137.37, and 139.35, published elsewhere in this issue of the Texas Register.
The TBPE received comments regarding the group of published rules. One comment was a suggestion by an individual of including additional wording for clarification regarding the ink and impression seal. The proposed language was reviewed by legal counsel and determined to be non-substantive and the Board approved the change. A concern was expressed by an individual that security may be compromised if the proposed rule language was adopted and the TBPE language requires engineers to maintain security of their electronic files.
The amendment is adopted pursuant to the Texas Engineering Practice Act, Occupations Code §1001.202, which authorizes the board to make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practice of engineering in this state and Occupations Code §1001.401 which outlines sealing requirements.
§137.31.Seal Specifications.
(a) Upon issuance of a license, each license holder is required to obtain a seal under the requirements of §133.97 of this title (relating to Issuance of License) and submit an impression of the seal or an electronic seal, and an original or an electronic signature to the Board for Board records.
(b) All physical seals obtained and used by license holders shall be capable of leaving a permanent ink image or permanent impression of the seal attached to the engineering work. The physical and electronic seals shall be of the design illustrated in this paragraph. The physical seals may be one of two different sizes:
(1) a pocket seal (the size commercially designated as 1-5/8-inch seal), or
(2) a desk seal (commercially designated as a two-inch seal).
Figure: 22 TAC §137.31(b)(2) (No change.)
(c) Electronic seals may be of a reduced size provided that the engineer's name and number are clearly legible.
(d) All seals obtained and used by license holders shall contain any given name or initial combination with the surname as currently listed with the Board and in the usual written signature. Nicknames shall not be permitted on a seal in lieu of a given name or initial combination.
(e) Preprinting of blank forms with an engineer's seal, or the use of decal or other seal replicas is prohibited.
(f) When signing an engineering work, the engineer may utilize the designation "P.E" or other terms as described in §137.1 of this chapter (relating to License Holder Designations).
(g) This section does not prevent the reproduction of sealed and signed, original works for distribution.
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 April 7, 2008.
TRD-200801770
Dale Beebe Farrow, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: April 27, 2008
Proposal publication date: December 7, 2007
For further information, please call: (512) 440-7723
The Texas Board of Professional Engineers adopts an amendment §137.33, concerning Sealing Procedures, without changes to the proposed text as published in the December 7, 2007, issue of the Texas Register (32 TexReg 9008) and will not be republished.
The adopted rule adds language to allow engineers to use an electronic seal and an electronic signature for sealing their work as the procedures are described in the Texas Engineering Practice Act. This change allows engineers to scan their signature and affix it to documents. This modification is intended to assist engineers in transmitting work electronically. The amendment is adopted in conjunction with adopted amendments to §§131.81, 137.31, 137.35, 137.37, and 139.35, published elsewhere in this issue of the Texas Register.
No comments were received regarding adoption of the rule.
The amendment is adopted pursuant to the Texas Engineering Practice Act, Occupations Code §1001.202, which authorizes the board to make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practice of engineering in this state and Occupations Code §1001.401 which outlines sealing requirements.
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 April 7, 2008.
TRD-200801771
Dale Beebe Farrow, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: April 27, 2008
Proposal publication date: December 7, 2007
For further information, please call: (512) 440-7723
The Texas Board of Professional Engineers adopts an amendment to §137.35, concerning Electronic Seals and Electronic Signatures, without changes to the proposed text as published in the December 7, 2007, issue of the Texas Register (32 TexReg 9010) and will not be republished.
The adopted rule adds language to allow engineers to use an electronic seal and an electronic signature for sealing their work as the procedures are described in the Texas Engineering Practice Act. This change allows engineers to scan their signature and affix it to documents. This modification is intended to assist engineers in transmitting work electronically. The amendment is adopted in conjunction with adopted amendments to §§131.81, 137.31, 137.33, 137.37, and 139.35, published elsewhere in this issue of the Texas Register.
No comments were received regarding adoption of the rule.
The amendment is adopted pursuant to the Texas Engineering Practice Act, Occupations Code §1001.202, which authorizes the board to make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practice of engineering in this state and Occupations Code §1001.401 which outlines sealing requirements.
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 April 7, 2008.
TRD-200801772
Dale Beebe Farrow, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: April 27, 2008
Proposal publication date: December 7, 2007
For further information, please call: (512) 440-7723
The Texas Board of Professional Engineers (TBPE) adopts an amendment to §137.37, concerning Sealing Misconduct, without changes to the proposed text as published in the December 7, 2007, issue of the Texas Register (32 TexReg 9010) and will not be republished.
The adopted rule adds language to allow engineers to use an electronic seal and an electronic signature for sealing their work as the procedures are described in the Texas Engineering Practice Act. This change allows engineers to scan their signature and affix it to documents. This modification is intended to assist engineers in transmitting work electronically. The amendment is adopted in conjunction with adopted amendments to §§131.81, 137.31, 137.33, 137.35, and 139.35, published elsewhere in this issue of the Texas Register.
The TBPE received comments regarding the group of published rules. The Board reviewed comments submitted by Texas Department of Transportation (TxDOT) regarding its interpretation and concerns regarding §137.37(4). The Board held that the approved rule language does not contradict the current procedure in place at TxDOT, and TxDOT's current procedure of using PEs' seals stored in electronic files will not violate this subsection.
The amendment is adopted pursuant to the Texas Engineering Practice Act, Occupations Code §1001.202, which authorizes the board to make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practice of engineering in this state and Occupations Code §1001.401 which outlines sealing requirements.
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 April 7, 2008.
TRD-200801773
Dale Beebe Farrow, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: April 27, 2008
Proposal publication date: December 7, 2007
For further information, please call: (512) 440-7723
Subchapter C. ENFORCEMENT PROCEEDINGS
The Texas Board of Professional Engineers adopts an amendment to §139.35(b), concerning Sanctions and Penalties without changes to the proposed text as published in the December 7, 2007, issue of the Texas Register (32 TexReg 9011) and will not be republished.
The adopted change in sanction table modifies the violation for the "Improper use of seal" to include electronic signatures. The amendment is adopted in conjunction with adopted amendments to §§131.81, 137.31, 137.33, 137.35 and 137.37, published elsewhere in this issue of the Texas Register.
The adopted rule allows for enforcement action in conjunction with safeguarding the electronic seal and electronic signature in a similar fashion as safeguarding a physical seal. This change relates to the other rule changes and will allow engineers to scan their signature and affix it to documents. This modification is intended to assist engineers in transmitting work electronically. In addition, a typographical error under "Licensing" in the enforcement table has been corrected. For the violation "Fraud or deceit in obtaining a license", the "(a)" has been removed after §1001.452.
No comments were received regarding adoption of the rule.
The amendment is adopted pursuant to the Texas Engineering Practice Act, Occupations Code §1001.202, which authorizes the board to make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practice of engineering in this state and Occupations Code §1001.401 which outlines sealing requirements.
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 April 7, 2008.
TRD-200801774
Dale Beebe Farrow, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: April 27, 2008
Proposal publication date: December 7, 2007
For further information, please call: (512) 440-7723
Chapter 681. PROFESSIONAL COUNSELORS
The Texas State Board of Examiners of Professional Counselors (board) adopts amendments to §§681.1 - 681.16, 681.31, 681.41 - 681.52, 681.71 - 681.73, 681.81 - 681.83, 681.91 - 681.93, 681.101, 681.103, 681.111 - 681.113, 681.121, 681.123 - 681.127, 681.141, 681.142, 681.144 - 681.147, 681.161, 681.162, 681.164 - 681.171, 681.181, 681.182, 681.184, 681.201 - 681.204, and the repeal of §§681.102, 681.122, 681.143, and 681.183, and new §681.102, concerning the licensing and regulation of professional counselors. The amendments to §681.42, 681.51, and 681.166 are adopted with changes to the proposed text as published in the January 18, 2008, issue of the Texas Register (33 TexReg 476). The amendments to §§681.1 - 681.16, 681.31, 681.41, 681.43 - 681.50, 681.52, 681.71 - 681.73, 681.81 - 681.83, 681.91 - 681.93, 681.101, 681.103, 681.111 - 681.113, 681.121, 681.123 - 681.127, 681.141, 681.142, 681.144 - 681.147, 681.161, 681.162, 681.164, 681.165, 681.167 - 681.171, 681.181, 681.182, 681.184, 681.201 - 681.204, and the repeal of §§681.102, 681.122, 681.143, and 681.183, and new §681.102 are 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 681.1 - 681.16, 681.31, 681.41 - 681.52, 681.71 - 681.73, 681.81 - 681.83, 681.91 - 681.93, 681.101 - 681.103, 681.111 - 681.113, 681.121 - 681.127, 681.141 - 681.147, 681.161, 681.162, 681.164 - 681.171, 681.181 - 681.184, and 681.201 - 681.204 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 professional counselors are still needed; however, the rules will be amended and adopted with revisions as described in this preamble. The repeals, new and amended sections are the result of the comprehensive rule review undertaken by the board and the board's staff.
In general, each section was reviewed in order to ensure appropriate subchapter, section, and paragraph organization; to ensure clarity; to improve spelling, grammar, and punctuation; to ensure that the rules reflect current legal and policy considerations; to ensure accuracy of legal citations; to eliminate unnecessary catch-titles; to eliminate the 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 accessible, understandable, and usable.
SECTION-BY-SECTION SUMMARY
In §681.2(6), the definition of "authorized representative" is deleted and redefined in §681.127. Section 681.2(7) - (14) is renumbered due to the deletion of §681.2(6). Section 681.2(8), the definition of counseling-related field is amended to clarify that dance therapy is a non-counseling related field.
Section 681.3 is amended for clarity.
Section 681.4 is amended to require the board to transact business only when a quorum is present.
Sections 681.5 - 681.9 are amended to reflect clarification and update of language.
Section 681.10 is amended to correct the name of the governing agency.
Section 681.11 is amended to revise reimbursement expenses.
Section 681.12 is amended for clarity.
Section 681.13 is amended to expand on non-discriminatory issues.
Section 681.14 amends the rule from biennial to two year for the inactive status fee for consistency throughout the rules.
Section 681.15(a) amends the time periods in which a license should be approved or denied. Sections 681.15(c) and 681.16 reflect clarification and update of language.
Section 681.31(14) is edited to acknowledge that the list of expressive therapies is not inclusive.
In §681.41(e), the rule is edited to state that regardless of setting, the counseling treatment must be in the context of a professional relationship. Section 681.41(g) is edited to allow counseling by use of technological means of communication. Section 681.41(j) is edited to not allow a licensee to promote the licensee's personal business activities to the client. Section 681.41(k) is amended to separate a licensee setting professional boundaries with dual relationships. Section 681.41(l) is amended to clarify a dual relationship and when it could be considered detrimental to the client. In §681.41, subsections (l) - (z) are relettered for conformity.
Section 681.41(m) is edited to require a licensee to request a release from the client in order to discuss the client with the other counselor when the licensee discovers that the client is seeing another counselor. Section 681.41(n) reflects clarification and update of language. Section 681.41(p) is proposed to clarify what type of records needs to be kept.
Section 681.41(q) is amended to shorten the time period a licensee must maintain client files after the last contact with the client. Section 681.41(s)(4) is amended for clarity. Section 681.41(t) is amended and separated into two separate rules for clarity. Section 681.41(u) is added to require the licensee to facilitate the transfer of a client to appropriate care upon termination of a relationship. Section 681.41(w) is amended for clarity. Section 681.41(x) is amended to require a licensee to report the unlicensed practice of counseling to the board. Section 681.41(y) is proposed to add that a licensee shall not participate in any way in the falsification for renewal of a license. Section 681.41(aa) is amended to clarify that the licensee should establish a plan of custody and control of the client's mental health record and the licensee should inform each new client of the plan.
Section 681.42(a) is edited to define the term Mental Health Service Provider. Section 681.42(b)(4) is amended to add that sexual contact can occur more than five years after the termination of the client relationship will not be deemed a violation if the conduct is consensual if certain conditions are met. Section 681.42(c) is deleted and included in §681.42(b). Section 681.42(c) - (g) is renumbered for clarity. Section 681.42(g) amends the time period required to notify the board and prosecuting attorney of abuse of a client.
Sections 681.43 and 681.44 reflect clarification and update of language.
Section 681.45(d)(1) corrects the title to Texas Family Code, Chapter 261.
Section 681.46(g) is amended for clarity and to state that disciplinary action may be taken if a complaint is filed in bad faith.
Section 681.47 is amended to remove the word allowable.
Section 681.48 is amended to remove the term third party.
Section 681.49 is amended to read the licensee shall clearly state the licensee's licensure status on all advertisements or announcements of counseling treatment interventions.
Section 681.50 is amended to change the term subject to participant.
Section 681.51(b) is added to allow the board discretion on issuing a license should the applicant have conduct prior to application that would be a violation of the code of ethics if the person was a licensee.
Section 681.52(a) is amended for clarity.
Section 681.71 removed the statement that "fees associated with the application process are not refundable."
Section 681.72(d) is amended to state hours without a supervisor agreement form on file with the board may not be accepted by the board. Section 681.72(f) is amended for clarity.
Section 681.73(d) is amended to state what exams are required for licensure.
Section 681.81(b) reflects clarification and update of language.
Section 681.82 is amended to remove the word "professional."
Section 681.83 reflects clarification and update of language.
Section 681.91(b) is amended to clarify the board is referring to the practice of counseling in this state. Section 681.91(c) is amended to add the word counseling to the rule. Section 681.91(e) is amended to specify the length of time an initial temporary license is valid. Section 681.91(f) is amended to no longer allow a 36-month extension but allow the intern to request an extension from the board. Section 681.91(h)(2) is amended to specify the name of the required examination. Section 681.91(k) is added to explain what applicants coming from another state are required to submit to the board office for licensure.
Section 681.92(a) is amended for clarity. Section 681.92(b) is amended to state how many hours an intern can earn via technological means of communication. Section 681.92(c) amends the rule to require an "Intern" to gain the require hours and not an "applicant." Section 681.92(f) is deleted as obsolete. Section 681.92(g) is modified to allow 2 interns in a session to be considered individual supervision and three or more to be a group. Section 681.92(h) - (i) letters are changed for clarity. Section 681.92(j) reflects clarification and update of language. Section 681.92(l) is deleted as unnecessary. Section 681.92(k) reflects clarification and update of language.
Section 681.93(d) is amended to reflect changes to §681.83(g) concerning supervisor requirements. Section 681.93(e)(6) is added to require the supervisor to submit the supervised experience documentation form in a timely manner. Section 681.93(h) reflects clarification and update of language. Section 681.93(j) is added to allow for the supervisor status to be denied, revoked, or suspended.
Sections 681.101 and 681.103 reflect clarification and update of language.
New §681.102 concerns the notice of results for examinations.
Section 681.111(a) is revised to clarify the term an initial license is issued for. Section 681.111(b) is revised to designate the board chair as the only signature on the regular and temporary license certificate. Section 681.111(c) is revised to remove the term art therapy specialty. Section 681.111(c) - (g) is renumbered for conformity.
Section 681.112(a)(2) is revised to designate what is required for an applicant to submit for licensure to the board office. Section 681.112(a)(4) is deleted requiring an applicant for a provisional license to submit a letter of sponsorship from a regular license holder. Section 681.112(b) is deleted as unnecessary. Section 681.112(c) is deleted and reworded in §681.112(b). Section 681.112(b) and (e) reflects clarification and update of language. Section 681.112(c) reflect clarification and update of language.
Section 681.113 reflects clarification and update of language.
Section 681.121 amends the rule from biennial to two years for consistency throughout the rules.
Section 681.123(a) is amended to state that the board will send a renewal notice 30 days prior to expiration to the licensee last known address. Section 681.123(b) is amended to require the licensee to renew their license on time whether a renewal notice is received or not. Section 681.123(c) is amended to state that a license will not be renewed until all renewal information is received in the board office. Section 681.123(d) and (e) reflects clarification and update of language.
Section 681.124(b) is modified to allow the late renewal of a license with a penalty if the license is not renewed by the expiration date but within one year. Section 681.124(c) reflects clarification and update of language. Section 681.124(d) is amended to state that the continuing education must be submitted before the license will be renewed.
Section 681.125(e) is amended to require the Jurisprudence exam and continuing education earned while on inactive status. Section 681.125(f) is amended to clarify the date the inactive status will expire. Section 681.125(g) reflects clarification and update of language. Section 681.125(h) amends the rule from biennial to two years for consistency throughout the rules.
Section 681.126(c) reflects clarification and update of language. Section 681.126(d) is added to state that if a licensee request retired status while a complaint is pending, it will be treated as a surrender of the license.
Section 681.127(a) is amended to define "designated representative." Section 681.127(b)(1) is amended to state what the written request is required to contain. Section 681.127(b)(2) is deleted as unnecessary. Section 681.127(b)(2) - (6) is renumbered for conformity. Section 681.127(b)(2) - (6) changes "authorized" to "designated" to match §681.127(a).
Section 681.141(a) reflects clarification and update of language. Section 681.141(c) is amended to require 4 hours of ethics every two years with the Texas Jurisprudence exam counting as one hour of ethics. Section 681.141(e) is modified to state the Texas Jurisprudence exam is required each renewal period. Section 681.141(f) is added to require three hours of continuing education in supervision practices for all board approved supervisors as part of their 24 hours of continuing education each renewal period.
Section 681.142(a) - (b) reflect clarification and update of language. Section 681.142(c) is added to require that continuing education courses must be within the required content areas or directly related to the continued development of the profession of counseling skills.
Section 681.144(a) is separated into two subsections (a) and (b) and modified for clarity. Section 681.144(b) is added as a separate rule from §681.144(a) for clarity. Section 681.144(c) - (i) is relettered based on the new subsection (b) and modified for clarity.
Section 681.145 is amended to reflect the two-year renewal cycle and 24 hours of continuing education requirement.
Section 681.146 reflects the changes to the way a licensee will report continuing education when selected for audit.
Section 681.147 reflects clarification and update of language.
Section 681.161(a) is amended to require a complaint to be filed in writing to the board office. Section 681.161(j) is amended to require the board to periodically send out pending status letters of open complaints. Section 681.161(k) is deleted as unnecessary.
Section 681.162(a) is amended to add administrative penalties to disciplinary actions. Section 681.162(b) and (c) is amended to remove requiring the notice to be mailed by certified mail.
Section 681.164 reflects clarification and update of language.
Section 681.165 revises the title of the rule.
Section 681.166 is amended to allow the Executive Director to set time limits for testimony during an informal conference and not require that the complainant or client be present during the informal conference. Section 681.166(f) is deleted stating the complainant may be informed of the informal conference. Section 681.166(f) - (v) is relettered for conformity. Section 681.166(f) is amended to require at least one member of the complaints committee to be present at the informal conference. Section 681.166(k) is amended to allow the complaints committee member or the executive director to exclude anyone from all or part of the informal conference. Due to a board staff comment, the following change was made. Concerning Section 681.166(k), the word "of" was inserted after the word "part".
Section 681.167(a) is amended for clarity. Section 681.167(b) is deleted as unnecessary.
Section 681.168(d), is modified to state that if a license is surrendered during the course of an investigation, the surrender is considered a final disciplinary action and may be considered for denial upon reapplication for licensure.
Section 681.169 is amended to modify the section title and reference the provisions of Senate Bill 228 (2007, 80th Legislature) relating to the denial of license renewal of a license holder who has failed to pay child support or failed to comply with the terms of an order providing for the possession of or access to a child in new subsection (i).
Section 681.170(b) is modified for clarity.
Section 681.171(a) is modified to revise the title of the rule.
Section 681.181 is amended to remove the reference to Texas, as it is defined in §681.2(3) definitions, of this code.
Section 681.182(b) - (d) is amended to remove the reference to Texas, as it is defined in §681.2(3) definitions, of this code.
Section 681.183 is deleted as repetitive.
Section 681.184(b) is amended to refer to the board and not department for final orders.
Section 681.201 is amended to remove the reference to Texas, as it is defined in §681.2(3) definitions, of this code.
Section 681.202 reflects clarification and update of language.
Section 681.203 title is changed for proper spelling.
Section 681.204 reflects clarification and update of language.
Sections 681.102 Grading; 681.122 Staggered Renewals; and 681.143 Process for Applying for Programs are repealed.
COMMENTS
The board received the following comments on the proposed rules during the comment period and the board's response follows each comment. The commenters were the Texas Counseling Association and individuals who were for/against the rules.
Comment: There were 2 comments regarding §681.2(8) concerning adding the term "psychotherapy" to be accepted as a counseling related field.
Response: The board disagrees. The term psychotherapy is specifically included in the definition of professional counseling as defined in Texas Occupations Code, §503.003.
Comment: There were 2 comments regarding §681.2(8) concerning adding the use of energy/healing as a counseling related field.
Response: The board disagrees. The board does not recognize this as a counseling related field.
Comment: There were 2 comments regarding changing the term marriage and family therapy to marital, couple and family therapy. This term would better fit some of the counseling programs offered.
Response: The board disagrees. Most degrees awarded are Marriage and Family Therapy degrees.
Comment: There were 5 comments regarding §681.13(a) requesting to add sexual orientation to the list of non-discriminatory issues.
Response: The board disagrees. The rule is consistent with other state laws and there will be no change at this time.
Comment: There were 2 comments regarding §681.41(j) concerning a licensee not promoting their personal or business activities to a client. The commenter feels the rule is too restrictive.
Response: The board disagrees. Promoting such activities present a danger of creating a dual relationship and may cause fragile clients to believe that failure to participate in such business activities will damage the therapeutic relationship with the licensee. There will be no change at this time.
Comment: There were 3 comments regarding §681.41(q) in support of the change in record retention from 7 years past the age of 18 to 5 years from last client contact.
Response: The board agrees. No changes were made based on these comments.
Comment: One commenter disagreed with the change regarding §681.41(q) concerning records retention for minors and only retaining them for 5 years.
Response: The board disagrees. The rule change is not a prohibition against retaining records. It will be at the counselor's discretion to retain the records for over the required 5 years.
Comment: There were 2 comments regarding §681.42(a)(1) concerning the board authority to require other individuals, licensed or not, to report sexual misconduct.
Response: The board disagrees. The rules require that only Licensed Professional Counselors (LPC) have a duty to report. The rule is defining the types of individuals the LPC should report if they are informed of such conduct.
Comment: There were 3 comments regarding §681.42(g)(1) concerning a licensee reporting sexual misconduct of another licensee within one business day. The commenters feel the time limit is too restrictive and compliance would be too difficult.
Response: The board agrees. The rule has been changed to three business days.
Comment: There were 6 comments regarding §681.51(b) concerning the board's ability to take disciplinary action against an applicant or licensee for conduct prior to licensure that would have been a violation of the code of ethics if the person was licensed. The commenters feel it is outside the board's authority.
Response: The board agrees in part. Changes were made to §681.51(b) based on the comments.
Comment: There were 3 comments regarding §681.91(f) concerning no longer allowing a 36 month extension of a temporary license but allowing the intern to request an extension of the license on a case by case basis. There was a typographical error in the preamble, which contradicted the rule as proposed.
Response: The board clarified this issue. The rule is correct as proposed and adopted. The preamble has been corrected to clarify the rule.
Comment: There were 2 commenters in agreement with §681.92(g) regarding the number of interns that qualify as an individual supervision session. This will allow the supervisor to deliver a more efficient supervisory experience.
Response: The board agrees. No changes were made based on this comment.
Comment: One commenter agreed with the addition of §681.93(j) concerning disciplinary action against an LPC supervisor in relation to their role as a supervisor that is distinct from their practice of professional counseling.
Response: The board agrees. No changes were made based on this comment.
Comment: There were 2 comments regarding §681.141(f) concerning required continuing education for LPC supervisors. The commenters supported the rules requiring continuing education for supervisors.
Response: The board agrees. No changes were made based on this comment.
Comment: There were 2 comments regarding §681.162(b) regarding removing the requirement of the board to send notice of hearing by certified mail, return receipt requested. The commenters feel it protects the integrity of the disciplinary process to send the mail certified.
Response: The board disagrees. It is standard operating procedure to send all notices of hearings by certified and regular mail. No changes were made based on these comments.
Subchapter A. THE BOARD
STATUTORY AUTHORITY
The amendments are authorized by Texas Occupations Code, §503.203(a), which provides the Texas State Board of Examiners of Professional Counselors with the authority to adopt rules necessary to administer the chapter. Review of the rules implements the Texas Government Code, §2001.039.
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 April 7, 2008.
TRD-200801840
Lisa Hernandez
General Counsel
Texas State Board of Examiners of Professional Counselors
Effective date: April 27, 2008
Proposal publication date: January 18, 2008
For further information, please call: (512) 458-7111 x6972
The amendment is authorized by Texas Occupations Code, §503.203(a), which provides the Texas State Board of Examiners of Professional Counselors with the authority to adopt rules necessary to administer the chapter. Review of the rules implements the Texas Government Code, §2001.039.
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 April 7, 2008.
TRD-200801841
Lisa Hernandez
General Counsel
Texas State Board of Examiners of Professional Counselors
Effective date: April 27, 2008
Proposal publication date: January 18, 2008
For further information, please call: (512) 458-7111 x6972
The amendments are authorized by Texas Occupations Code, §503.203(a), which provides the Texas State Board of Examiners of Professional Counselors with the authority to adopt rules necessary to administer the chapter. Review of the rules implements Government Code, §2001.039.
§681.42.Sexual Misconduct.
(a) For the purpose of this section the following terms shall have the following meanings.
(1) "Mental health services provider" means a licensee or any other licensed mental health professional, including a licensed social worker, a chemical dependency counselor, a licensed marriage and family therapist, a physician, a psychologist, or a member of the clergy. Mental health services provider also includes employees of the above or employees of a treatment facility.
(2) Sexual contact means:
(A) deviate sexual intercourse as defined by the Texas Penal Code, §21.01;
(B) sexual contact as defined by the Texas Penal Code, §21.01;
(C) sexual intercourse as defined by the Texas Penal Code, §21.01; or
(D) requests or offers by a licensee for conduct described by subparagraph (A), (B), or (C) of this paragraph.
(3) "Sexual exploitation" means a pattern, practice, or scheme of conduct, which may include sexual contact that can reasonably be construed as being for the purposes of sexual arousal or gratification or sexual abuse of any person. The term does not include obtaining information about a client's sexual history within standard accepted practice while treating a sexual or marital dysfunction.
(4) "Therapeutic deception" means a representation by a licensee that sexual contact with, or sexual exploitation by, the licensee is consistent with, or a part of, a client's or former client's counseling.
(b) A licensee shall not engage in sexual contact with or sexual exploitation of a person who is:
(1) a client as defined in §681.2(7) of this title (relating to Definitions);
(2) an LPC Intern supervised by the licensee; or
(3) a student at an educational institution at which the licensee provides professional or educational services.
(4) Sexual contact that occurs more than five years after the termination of the client relationship will not be deemed a violation of this section if the conduct is consensual, not the result of sexual exploitation, and not detrimental to the client. The licensee must demonstrate that there has been no exploitation in light of all relevant factors, including, but not limited to:
(A) the amount of time that has passed since therapy terminated;
(B) the nature and duration of the therapy;
(C) the circumstances of termination;
(D) the client's personal history;
(E) the client's current mental status;
(F) the likelihood of adverse impact on the client and others; and
(G) any statements or actions made by the therapist during the course of therapy suggesting or inviting the possibility of a post-termination sexual or romantic relationship with the client.
(c) A licensee shall not practice therapeutic deception of a person who is a client as defined in §681.2(7) of this title (relating to Definitions).
(d) It is not a defense under subsections (b) - (c) of this section if the sexual contact, sexual exploitation, or therapeutic deception with the person occurred:
(1) with the consent of the client;
(2) outside the professional counseling sessions of the client; or
(3) off the premises regularly used by the licensee for the professional counseling sessions of the client.
(e) The following may constitute sexual exploitation if done for the purpose of sexual arousal or gratification or sexual abuse of any person:
(1) sexual harassment, sexual solicitation, physical advances, or verbal or nonverbal conduct that is sexual in nature, and:
(A) is offensive or creates a hostile environment, and the licensee knows or is told this; or
(B) is sufficiently severe or intense to be abusive to a reasonable person in the context;
(2) any behavior, gestures, or expressions which may reasonably be interpreted as inappropriately seductive or sexual;
(3) inappropriate sexual comments about or to a person, including making sexual comments about a person's body;
(4) making sexually demeaning comments about an individual's sexual orientation;
(5) making comments about potential sexual performance except when the comment is pertinent to the issue of sexual function or dysfunction in counseling;
(6) requesting details of sexual history or sexual likes and dislikes when not necessary for counseling of the individual;
(7) initiating conversation regarding the sexual problems, preferences, or fantasies of the licensee;
(8) kissing or fondling;
(9) making a request to date;
(10) any other deliberate or repeated comments, gestures, or physical acts not constituting sexual intimacies but of a sexual nature;
(11) any bodily exposure of genitals, anus or breasts;
(12) encouraging another to masturbate in the presence of the licensee; or
(13) masturbation by the licensee when another is present.
(f) Examples of sexual contact are those activities and behaviors described in the Texas Penal Code, §21.01.
(g) A licensee shall report sexual misconduct as follows.
(1) If a licensee has reasonable cause to suspect that a client has been the victim of sexual exploitation, sexual contact, or therapeutic deception by another licensee or a mental health services provider, or if a client alleges sexual exploitation, sexual contact, or therapeutic deception by another licensee or a mental health services provider, the licensee shall report the alleged conduct not later than the third business day after the date the licensee became aware of the conduct or the allegations to:
(A) the prosecuting attorney in the county in which the alleged sexual exploitation, sexual contact or therapeutic deception occurred;
(B) the board if the conduct involves a licensee and any other state licensing agency which licenses the mental health services provider; and
(C) to the appropriate agency listed in §681.45 of this title (relating to Confidentiality and Required Reporting).
(2) Before making a report under this subsection, the reporter shall inform the alleged victim of the reporter's duty to report and shall determine if the alleged victim wants to remain anonymous.
(3) A report under this subsection need contain only the information needed to:
(A) identify the reporter;
(B) identify the alleged victim, unless the alleged victim has requested anonymity;
(C) express suspicion that sexual exploitation, sexual contact, or therapeutic deception occurred; and
(D) provide the name of the alleged perpetrator.
§681.51.Finding of Misconduct Occurring before Licensure.
(a) The board may take disciplinary action based upon information received after issuance of a license, if such information would have been the basis for denial of licensure had it been received prior to the issuance of the license.
(b) The board may consider conduct prior to licensure in determining whether an applicant or licensee is fit to practice counseling, including conduct that would have been a violation of the code of ethics if the person was licensed.
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 April 7, 2008.
TRD-200801842
Lisa Hernandez
General Counsel
Texas State Board of Examiners of Professional Counselors
Effective date: April 27, 2008
Proposal publication date: January 18, 2008
For further information, please call: (512) 458-7111 x6972
The amendments are authorized by Texas Occupations Code, §503.203(a), which provides the Texas State Board of Examiners of Professional Counselors with the authority to adopt rules necessary to administer the chapter. Review of the rules implements the Texas Government Code, §2001.039.
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 April 7, 2008.
TRD-200801843
Lisa Hernandez
General Counsel
Texas State Board of Examiners of Professional Counselors
Effective date: April 27, 2008
Proposal publication date: January 18, 2008
For further information, please call: (512) 458-7111 x6972
The amendments are authorized by Texas Occupations Code, §503.203(a), which provides the Texas State Board of Examiners of Professional Counselors with the authority to adopt rules necessary to administer the chapter. Review of the rules implements the Texas Government Code, §2001.039.
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 April 7, 2008.
TRD-200801844
Lisa Hernandez
General Counsel
Texas State Board of Examiners of Professional Counselors
Effective date: April 27, 2008
Proposal publication date: January 18, 2008
For further information, please call: (512) 458-7111 x6972
The amendments are authorized by Texas Occupations Code, §503.203(a), which provides the Texas State Board of Examiners of Professional Counselors with the authority to adopt rules necessary to administer the chapter. Review of the rules implements the Texas Government Code, §2001.039.
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 April 7, 2008.
TRD-200801845
Lisa Hernandez
General Counsel
Texas State Board of Examiners of Professional Counselors
Effective date: April 27, 2008
Proposal publication date: January 18, 2008
For further information, please call: (512) 458-7111 x6972
The amendments and new rule are authorized by Texas Occupations Code, §503.203(a), which provides the Texas State Board of Examiners of Professional Counselors with the authority to adopt rules necessary to administer the chapter. Review of the rules implements the Texas Government Code, §2001.039.
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 April 7, 2008.
TRD-200801846
Lisa Hernandez
General Counsel
Texas State Board of Examiners of Professional Counselors
Effective date: April 27, 2008
Proposal publication date: January 18, 2008
For further information, please call: (512) 458-7111 x6972
The repeal is authorized by Texas Occupations Code, §503.203(a), which provides the Texas State Board of Examiners of Professional Counselors with the authority to adopt rules necessary to administer the chapter. Review of the rules implements the Texas Government Code, §2001.039.
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 April 7, 2008.
TRD-200801847
Lisa Hernandez
General Counsel
Texas State Board of Examiners of Professional Counselors
Effective date: April 27, 2008
Proposal publication date: January 18, 2008
For further information, please call: (512) 458-7111 x6972
The amendments authorized by Texas Occupations Code, §503.203(a), which provides the Texas State Board of Examiners of Professional Counselors with the authority to adopt rules necessary to administer the chapter. Review of the rules implements the Texas Government Code, §2001.039.
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 April 7, 2008.
TRD-200801848
Lisa Hernandez
General Counsel
Texas State Board of Examiners of Professional Counselors
Effective date: April 27, 2008
Proposal publication date: January 18, 2008
For further information, please call: (512) 458-7111 x6972
22 TAC §§681.121, 681.123 - 681.127
The amendments are authorized by Texas Occupations Code, §503.203(a), which provides the Texas State Board of Examiners of Professional Counselors with the authority to adopt rules necessary to administer the chapter. Review of the rules implements the Texas Government Code, §2001.039.
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 April 7, 2008.
TRD-200801849
Lisa Hernandez
General Counsel
Texas State Board of Examiners of Professional Counselors
Effective date: April 27, 2008
Proposal publication date: January 18, 2008
For further information, please call: (512) 458-7111 x6972
The repeal is authorized by Texas Occupations Code, §503.203(a), which provides the Texas State Board of Examiners of Professional Counselors with the authority to adopt rules necessary to administer the chapter. Review of the rules implements the Texas Government Code, §2001.039.
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 April 7, 2008.
TRD-200801850
Lisa Hernandez
General Counsel
Texas State Board of Examiners of Professional Counselors
Effective date: April 27, 2008
Proposal publication date: January 18, 2008
For further information, please call: (512) 458-7111 x6972
22 TAC §§681.141, 681.142, 681.144 - 681.147
The amendments are authorized by Texas Occupations Code, §503.203(a), which provides the Texas State Board of Examiners of Professional Counselors with the authority to adopt rules necessary to administer the chapter. Review of the rules implements the Texas Government Code, §2001.039.
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 April 7, 2008.
TRD-200801851
Lisa Hernandez
General Counsel
Texas State Board of Examiners of Professional Counselors
Effective date: April 27, 2008
Proposal publication date: January 18, 2008
For further information, please call: (512) 458-7111 x6972
The repeal is authorized by Texas Occupations Code, §503.203(a), which provides the Texas State Board of Examiners of Professional Counselors with the authority to adopt rules necessary to administer the chapter. Review of the rules implements the Texas Government Code, §2001.039.
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 April 7, 2008.
TRD-200801852
Lisa Hernandez
General Counsel
Texas State Board of Examiners of Professional Counselors
Effective date: April 27, 2008
Proposal publication date: January 18, 2008
For further information, please call: (512) 458-7111 x6972
22 TAC §§681.161, 681.162, 681.164 - 681.171
The amendments are authorized by Texas Occupations Code, §503.203(a), which provides the Texas State Board of Examiners of Professional Counselors with the authority to adopt rules necessary to administer the chapter. Review of the rules implements the Texas Government Code, §2001.039.
§681.166.Informal Disposition.
(a) Informal disposition of any complaint or contested case involving a licensee or an applicant for licensure may be made through an informal conference held to determine whether the matters in controversy can be resolved without further proceedings.
(b) The decision to hold a conference shall be within the discretion of the executive director or a member of the complaints committee.
(c) An informal conference shall be voluntary and shall not be a prerequisite to a formal hearing.
(d) The executive director shall establish the time, date and place of the informal conference, and provide written notice to the licensee or applicant. Notice shall be provided no less than 10 working days prior to the date of the informal conference by certified mail, return receipt requested to the last known address of the licensee or applicant. The licensee or applicant may waive the 10-day notice requirement.
(e) The notice shall inform the licensee or applicant of the nature of the alleged violation or the reason for application denial; that the licensee may be represented by legal counsel; that the licensee or applicant may offer the testimony of witnesses and present other evidence as may be appropriate within time limits set by the Executive Director; that the board's legal counsel shall be present; that the licensee's or applicant's attendance and participation is voluntary; and that the informal conference shall be canceled if the licensee or applicant notifies the executive director that he or she or his or her legal counsel will not attend. A copy of the board's rules concerning informal disposition shall be enclosed with the notice of the informal conference.
(f) At least one member of the complaints committee shall be present at an informal conference.
(g) The conference shall be informal and shall not follow the procedures established in this chapter for contested cases and formal hearings.
(h) The licensee, the licensee's attorney, the board's attorney, the executive director and the complaints committee member may question witnesses, make relevant statements, present statements of persons not in attendance, and present such other evidence as may be appropriate.
(i) The board's legal counsel may attend each informal conference. The complaints committee member or executive director may call upon the attorney at any time for assistance in the informal conference.
(j) The licensee shall be afforded the opportunity to make statements that are material and relevant.
(k) The complaints committee member or the executive director may exclude anyone from all or part of the informal conference.
(l) Any written statement submitted by the complainant shall be reviewed at the conference.
(m) At the conclusion of the informal conference, the complaints committee member or the executive director may make recommendations for informal disposition of the complaint or contested case. The recommendations may include any disciplinary action authorized by the Act or this chapter. The complaints committee member may also conclude that the board lacks jurisdiction; conclude that a violation of the Act or this chapter has not been established; order that the investigation be closed; or refer the matter for further investigation.
(n) The licensee or applicant may either accept or reject the recommendations at the informal conference. If the recommendations are accepted, an agreed order shall be prepared by the board office or the board's legal counsel and forwarded to the licensee or applicant. The order may contain agreed findings of fact and conclusions of law. The licensee or applicant shall execute the order and return the signed order to the board office within 10 working days of his or her receipt of the order. If the licensee or applicant fails to return the signed order within the stated time period, the inaction shall constitute rejection of the recommendations.
(o) If the licensee or applicant signs and accepts the proposed recommendations, the agreed order shall be submitted to the complaints committee and the board for approval. Placement of the agreed order on the committee and board agendas shall constitute only a recommendation for approval by the board.
(p) The identity of the licensee or applicant shall not be made available to the board until after the board has reviewed and accepted the agreed order unless the licensee or applicant chooses to attend the board meeting. The licensee or applicant shall be notified of the date, time, and place of the board meeting at which the proposed agreed order will be considered. Attendance by the licensee or applicant is voluntary.
(q) Upon an affirmative majority vote, the board shall enter an agreed order approving the accepted recommendations. The board may not change the terms of a proposed order but may only approve or disapprove an agreed order unless the licensee or applicant is present at the board meeting and agrees to other terms proposed by the board.
(r) If the board does not approve a proposed agreed order, the licensee or applicant shall be so informed. The matter shall be referred to the executive director for other appropriate action.
(s) A proposed agreed order is not effective until the board has approved the agreed order and the order is signed by the board chair.
(t) A licensee's opportunity for an informal conference under this section shall satisfy the requirement of the Administrative Procedure Act, Texas Government Code, §2001.054(c).
(u) If a licensee who has requested an informal conference fails to appear at the conference and fails to provide notice of the licensee's inability to attend the conference at least 24 hours in advance of the time the conference is scheduled, such action may constitute a withdrawal of the request for a formal hearing.
(v) Refund Order.
(1) The board may order a license holder to pay a refund to a client or other payer as provided in an agreement resulting from an informal settlement conference instead of, or in addition, to imposing an administrative penalty under this chapter.
(2) The amount of a refund ordered as provided in an agreement resulting from an informal settlement conference may not exceed the amount the client or other payer paid to the license holder for a service regulated by this chapter. The board may not require payment of other damages or estimate harm in a refund order.
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 April 7, 2008.
TRD-200801853
Lisa Hernandez
General Counsel
Texas State Board of Examiners of Professional Counselors
Effective date: April 27, 2008
Proposal publication date: January 18, 2008
For further information, please call: (512) 458-7111 x6972
22 TAC §§681.181, 681.182, 681.184
The amendments are authorized by Texas Occupations Code, §503.203(a), which provides the Texas State Board of Examiners of Professional Counselors with the authority to adopt rules necessary to administer the chapter. Review of the rules implements the Texas Government Code, §2001.039.
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 April 7, 2008.
TRD-200801854
Lisa Hernandez
General Counsel
Texas State Board of Examiners of Professional Counselors
Effective date: April 27, 2008
Proposal publication date: January 18, 2008
For further information, please call: (512) 458-7111 x6972
The repeal is authorized by Texas Occupations Code, §503.203(a), which provides the Texas State Board of Examiners of Professional Counselors with the authority to adopt rules necessary to administer the chapter. Review of the rules implements the Texas Government Code, §2001.039.
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 April 7, 2008.
TRD-200801855
Lisa Hernandez
General Counsel
Texas State Board of Examiners of Professional Counselors
Effective date: April 27, 2008
Proposal publication date: January 18, 2008
For further information, please call: (512) 458-7111 x6972
The amendments are authorized by Texas Occupations Code, §503.203(a), which provides the Texas State Board of Examiners of Professional Counselors with the authority to adopt rules necessary to administer the chapter. Review of the rules implements the Texas Government Code, §2001.039.
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 April 7, 2008.
TRD-200801856
Lisa Hernandez
General Counsel
Texas State Board of Examiners of Professional Counselors
Effective date: April 27, 2008
Proposal publication date: January 18, 2008
For further information, please call: (512) 458-7111 x6972
Chapter 850. TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS
Subchapter B. ORGANIZATION
The Texas Board of Professional Geoscientists (TBPG or Board) adopts an amendment to 22 TAC §850.63, concerning the responsibilities of the Board and Executive Director. The amendment is adopted without changes to the proposed text as published in the December 28, 2007, issue of the Texas Register (32 TexReg 9908).
The adopted amendment clarifies how notification will be provided to the consumer for the purpose of directing complaints to the Board. The section establishes guidelines requiring license holders to provide notification to the consumer for the purpose of directing complaints to the Board. The amendment changes and simplifies how the notification will be provided to the consumer by eliminating the requirement that notification be provided on a bill for service provided by an individual or entity regulated by the Board.
No public comments were received regarding the amendment.
The amendment is adopted under the Texas Occupations Code §1002.151, which authorizes the Board to adopt and enforce rules consistent with the Texas Geoscience Practice Act and necessary for the performance of its duties. It also corresponds with the Texas Occupations Code §1002.202, regarding the filing of complaints.
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 April 2, 2008.
TRD-200801733
Vincent Houston
Acting Executive Director
Texas Board of Professional Geoscientists
Effective date: April 22, 2008
Proposal publication date: December 28, 2007
For further information, please call: (512) 936-4405