PART 3. TEXAS BOARD OF CHIROPRACTIC EXAMINERS
The Texas Board of Chiropractic Examiners (Board) proposes an amendment to §75.17, relating to scope of practice, to establish that manipulation under anesthesia (MUA) is within the scope of practice of chiropractic in Texas. When the Board first adopted this section, the Board specifically reserved its decision on MUA in order to resolve questions regarding its status under the Chiropractic Act, Texas Occupations Code Chapter 201. See the June 2, 2006, issue of the Texas Register (31 TexReg 4613).
MUA is a noninvasive procedure that involves the manipulation of the musculoskeletal system while a patient is under a general anesthesia. MUA is usually performed in either a hospital or a surgical center and is conducted as a cooperative procedure in which a licensee works with an anesthesiologist and additional medical staff. MUA has been part of the practice of chiropractic in Texas for more than 25 years, and the Board has not received any complaints regarding the practice of MUA.
The Chiropractic Act provides that a person practices chiropractic if they "perform [] nonsurgical, nonincisive procedures, including adjustment and manipulation, to improve the subluxation complex or the biomechanics of the musculoskeletal system." (Texas Occupations Code §201.002(b)(2)). The Act also provides that the Board may not require additional training or certify chiropractors to perform MUA (Texas Occupations Code §201.154; see §201.1525(3)).
The status of whether MUA remains within the scope of practice of chiropractic in Texas, however, has been in dispute. Under the Chiropractic Act, "surgical procedure" is defined as including "a procedure described in the surgery section of the common procedure coding system as adopted by the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services." (Texas Occupations Code §201.002(a)(4)). As discussed in the preamble for the original adoption of this section, the Centers for Medicare and Medicaid Services (CMS) have not adopted a coding system of their own but instead have incorporated by reference the American Medical Association's (AMA's) Current Procedural Terminology (CPT) Codebook (31 TexReg 4614). The Board has clarified this by setting forth a definition for "CPT Codebook" that references use of the CPT Codebook by CMS. MUA is listed in the surgery section of the 2004 CPT Codebook in reference to manipulation of the spine (code 22505), shoulder joint (23700), hip joint (27275), knee joint (27570), and ankle (27860). AMA, CPT Terminology 78, 85, 100, 103, and 106 (2004).
Thus, there is an apparent conflict between the Chiropractic Act's authorization for licensees to perform manipulations and the limitation of the Board's ability to certify MUA practitioners with the AMA's identification of MUA as a surgical procedure. However, the Legislature has also provided that an entire statute is intended to be effective (Code Construction Act, Texas Government Code §311.021(2)). Where there is a conflict between a general provision and a special or local provision, "the provisions shall be construed, if possible, so that effect is given to both," but "[i]f the conflict between the general provision and the special or local provision is irreconcilable, the special or local provision prevails as an exception to the general provision, unless the general provision is the later enactment and the manifest intent is that the general provision prevail." (Texas Government Code §311.026). The limitation on the certification of MUA practitioners under §201.154 of the Chiropractic Act is a special provision. The definition of "surgical procedure" under §201.002(a)(3) is a general provision. In order to give effect to the entire Chiropractic Act, the special provision for MUA in §201.154 must be read as an exception to the Act's definition of "surgical procedure." Consequently, MUA is not a surgical procedure prohibited under the Act, and MUA is within the scope of practice of chiropractic in Texas.
Glenn Parker, Executive Director, has determined that for the first five-year period this amendment is in effect there will be no additional cost to state or local governments as a result of enforcing or administering the new section.
Mr. Parker also determined the for each year of the first five-year period the amendment is in effect the public benefit will be determination that MUA is part of the practice of chiropractic in Texas. Mr. Parker has determined that this amendment will not have an adverse economic effect on the licensees that practice MUA. There will be no cost to small businesses, micro-businesses or individuals.
Comments on the proposed amendment may be submitted to Glenn Parker, Executive Director, Texas State Board of Chiropractic Examiners, 333 Guadalupe Street, Tower III, Suite 825, Austin, Texas 78701, (512) 305-6705 fax, no later than 30 days from the date that this amendment is published in the Texas Register.
The amendment is proposed under the Texas Occupations Code, §201.152, relating to rules, which authorizes the Board to adopt rules necessary to regulate the practice of chiropractic; and §201.1525, relating to rules clarifying scope of practice of chiropractic.
No other statutes, articles, or codes are affected by the proposed rule.
§75.17.Scope of Practice.
(a) - (d) (No change.)
(e) Treatment Procedures and Services
(1) (No change.)
(2) In order to provide therapeutic care for a patient or patient population, licensees are authorized to use:
(A) - (N) (No change.)
(O) manipulation under anesthesia;
(P) [(O)] referral of patients
to other doctors and health care providers; and
(Q) [(P)] other treatment procedures
and services consistent with the practice of chiropractic.
(3) (No change.)
(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 December 19, 2008.
TRD-200806627
Glenn Parker
Executive Director
Texas Board of Chiropractic Examiners
Earliest possible date of adoption: February 1, 2009
For further information, please call: (512) 305-6901
The Texas Board of Chiropractic Examiners (Board) proposes new §75.21, relating to acupuncture, to set forth the minimal acceptable qualifications, and procedures for the practice of acupuncture by licensed doctors of chiropractic. In drafting this rule, the Board consulted the rules of the chiropractic licensing boards of Colorado, Florida, and Missouri, in addition to other sources.
Acupuncture has long been part of the practice of chiropractic, and the practice of acupuncture by chiropractors has been authorized since the Legislature amended the Acupuncture Act in 1997 to allow chiropractors and other health care practitioners to practice acupuncture when they are acting within the scope of their licenses (See Texas Occupations Code, §205.003). Post-graduate training in acupuncture is offered by the chiropractic colleges, and the National Board of Chiropractic Examiners offers a national standardized certification examination in acupuncture, in addition to the 4,500 didactic and clinical hours required for licensure (See http://www.nbce.org/written/desc-acu.html). The Board has not received complaints regarding the practice of acupuncture by a chiropractor.
The Board has previously determined that acupuncture is within the scope of practice of chiropractic in Texas (See 22 TAC §75.17, relating to scope of practice). The practice of acupuncture by a chiropractor is both authorized and limited by the Chiropractic Act (See Texas Occupations Code §201.002(b)). The Board's existing rule regarding proper diligence and efficient practice of chiropractic, 22 TAC §75.2, requires that a chiropractor not perform or attempt to perform procedures in which the chiropractor is untrained by education or experience.
Section 75.21(a) would provide a definition for acupuncture and the related practices of acupressure and meridian therapy. Subsection (b) would establish that a licensee must have the equivalent of one-hundred (100) hours of training in acupuncture by one of three means. Subsection (c) would provide for the grandfathering of existing licensees, that are in good standing with the Board and other jurisdictions where they are licensed, by allowing licensees to receive a credit of twenty hours of training in acupuncture for each year of practice. Thus, a licensee that has been practicing for at least five years would be able to meet the requirement for 100 hours of training. Subsection (d) would require that, beginning on January 1, 2010, applicants for licensure must successfully complete the national standardized certification examination in acupuncture offered by the National Board of Chiropractic Examiners.
Glenn Parker, Executive Director of the Texas Board of Chiropractic Examiners, has determined that for each year of the first five years that this rule will be in effect there will be no additional cost to state or local governments.
Mr. Parker has also determined that for each year of the first five years that this rule will be in effect that the public benefit of this rule will be clearer standards for the use of acupuncture as part of the practice of chiropractic. Mr. Parker has also determined that there will be no costs or adverse economic effects to small or micro businesses during the first five years that this rule will be in effect. Because there is no adverse economic effect, an economic impact statement and regulatory flexibility analysis is not required. Beginning on January 1, 2010 new applicants who wish to incorporate acupuncture into their chiropractic practice would be required to prove that they had passed the acupuncture examination given by the National Board of Chiropractic Examiners (NBCE). Each applicant would pay an acupuncture examination fee to NBCE.
Comments on the proposed new rule may be submitted to Glenn Parker, Executive Director, Texas State Board of Chiropractic Examiners 333 Guadalupe Street, Tower III, Suite 825, Austin, Texas 78701, (512) 305-6705 fax, no later than 30 days from the date that the new rule is published in the Texas Register.
The new rule is proposed under Texas Occupations Code, §201.152, relating to rules, and §201.1525, relating to rules clarifying scope of chiropractic. Section 201.152 authorizes the Board to adopt rules necessary to regulate the practice of chiropractic. Section 201.1525 authorizes the Board to adopt rules requiring a license holder to obtain additional training or certification to perform certain procedures or use certain equipment.
No other statutes, articles, or codes are affected by the proposed rule.
§75.21.Acupuncture.
(a) Acupuncture, and the related practices of acupressure and meridian therapy, includes methods for diagnosing and treating a patient by stimulating specific points on or within the musculoskeletal system by various means, including, but not limited to, manipulation, heat, cold, pressure, vibration, ultrasound, light electrocurrent, and short-needle insertion for the purpose of obtaining a biopositive reflex response by nerve stimulation.
(b) In order to practice acupuncture, a licensee shall either:
(1) successfully complete at least one-hundred (100) hours training in undergraduate or post-graduate classes in the use and administration of acupuncture provided by a bona fide reputable chiropractic school or by an acupuncture school approved by the Texas State Board of Acupuncture Examiners;
(2) successfully complete the national standardized certification examination in acupuncture offered by the National Board of Chiropractic Examiners; or
(3) successfully complete at least one-hundred (100) hours training in the use and administration of acupuncture in a course of study approved by the board.
(c) Existing licensees that have been practicing acupuncture, that are in good standing with the Texas Board of Chiropractic Examiners and other jurisdictions where they are licensed, may meet the requirements of subsection (b) of this section by counting each year of practice as twenty hours of training in the use and administration of acupuncture.
(d) Beginning on January 1, 2010, an applicant for licensure must successfully complete the national standardized certification examination in acupuncture offered by the National Board of Chiropractic Examiners in order to practice licensure. This requirement will supersede the provisions of subsection (b) of this section.
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 December 19, 2008.
TRD-200806628
Glenn Parker
Executive Director
Texas Board of Chiropractic Examiners
Earliest possible date of adoption: February 1, 2009
For further information, please call: (512) 305-6901
The Texas Board of Chiropractic Examiners (Board) proposes an amendment to §80.5, relating to maintenance of chiropractic records, to provide clearer standards for the contents of chiropractic records. The Board's Enforcement Committee has frequently reviewed patient and billing records from licensees that include only minimal or sparse information regarding their examination and treatment of a patient.
In drafting this rule, the Board reviewed similar rules that have been developed by the chiropractic licensing boards of California, Colorado, Florida, Kansas, Missouri, and New York and other guidelines for documenting patient care.
Glenn Parker, Executive Director, has determined that for the first five-year period this amendment is in effect there will be no additional cost to state or local governments as a result of enforcing or administering the amended section.
Mr. Parker also determined the for each year of the first five-year period the amendment is in effect the public benefit will be clearer standards for the maintenance of patient records. Mr. Parker has determined that this amendment will not have an adverse economic impact on licensees. There will be no impact on small or micro businesses other than owners of chiropractic clinics.
Comments on the proposed amendment may be submitted to Glenn Parker, Executive Director, Texas State Board of Chiropractic Examiners, 333 Guadalupe Street, Tower III, Suite 825, Austin, Texas 78701, (512) 305-6705 fax, no later than 30 days from the date that this amendment is published in the Texas Register.
The amendment is proposed under the Texas Occupations Code, §201.152, relating to rules, which authorizes the Board to adopt rules necessary to regulate the practice of chiropractic.
No other statutes, articles, or codes are affected by the proposed amendment.
§80.5.Maintenance of Chiropractic Records.
(a) An adequate chiropractic record, as described in this section, for each patient shall be maintained for a minimum of six years from the anniversary date of the date of last treatment.
(b) - (e) (No change.)
(f) Licensees shall maintain patient and billing records in a manner consistent with the protection and welfare of the patient. A licensee's patient records shall support all diagnoses, treatments, and billing. Records shall be timely, dated, accurate, signed or initialed by the licensee or the person providing treatment, and legible. Electronic signatures are acceptable.
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 December 19, 2008.
TRD-200806630
Glenn Parker
Executive Director
Texas Board of Chiropractic Examiners
Earliest possible date of adoption: February 1, 2009
For further information, please call: (512) 305-6901
CHAPTER 375. CONDUCT AND SCOPE OF PRACTICE
The Texas State Board of Podiatric Medical Examiners proposes changes to §375.1 regarding Definitions. The changes to §375.1 are being proposed to remove the definition of foot which is currently found at paragraph (2). The board has determined that the practice of podiatry can be addressed by other sections of the rules, including §375.3, without the need for the Board to define the term "foot" at this time.
Hemant Makan, Executive Director, has determined that for each year for the first five years the rule is effective, there will be no fiscal implications for state or local government as a result of enforcing or administering the rule.
Mr. Makan has also determined that for each year for the first five years the rule is in effect, the public benefit anticipated as a result of adopting the changes for §375.1 will be a better understanding of the practice of podiatry and its scope, including its limitations. There will be no cost to small businesses, micro-businesses or individuals.
Comments on or about the proposed changes may be submitted in writing within the 30 days after this notice of proposed amendment appears in the Texas Register to Janie Alonzo, Staff Services Officer V, Texas State Board of Podiatric Medical Examiners, P.O. Box 12216, Austin, Texas 78711-2216, janie.alonzo@foot.state.tx.us.
The changes are being proposed under Texas Occupations Code, §202.151, which provides the Texas State Board of Podiatric Medical Examiners with the authority to adopt reasonable or necessary rules and bylaws consistent with the law regulating the practice of podiatry, the laws of this state, and the law of the United States to govern its proceedings and activities, the regulation of the practice of podiatry and the enforcement of the law regulating the practice of podiatry.
The proposed changes for §375.1 implement Texas Occupations Code §202.001(a)(4).
§375.1.Definitions.
The following words and terms, when used in this chapter, shall have the following meanings, unless the context indicates otherwise:
(1) Board--The Texas State Board of Podiatric Medical Examiners.
[(2) Foot--The
foot is the tibia and fibula in their articulation with the talus,
and all bones to the toes, inclusive of all soft tissues (muscles,
nerves, vascular structures, tendons, ligaments and any other anatomical
structures) that insert into the tibia and fibula in their articulation
with the talus and all bones to the toes.]
(2) [(3)] Medical Records
--Any records, reports, notes, charts, x-rays, or statements
pertaining to the history, diagnosis, evaluation, treatment or prognosis
of the patient including copes of medical records of other health
care practitioners contained in the records of the podiatric physician
to whom a request for release of records has been made.
(3) [(4)] Office
--In the singular, includes the plural.
(4) [(5)] Public communication
--Any written, printed, visual, or oral statement
or other communication made or distributed, or intended for distribution,
to a member of the general public or the general public at large.
(5) [(6)] Solicitation
--A private communication to a person concerning the performance
of a podiatric service for such person.
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 December 18, 2008.
TRD-200806585
Janie Alonzo
Staff Services Officer V
Texas State Board of Podiatric Medical Examiners
Earliest possible date of adoption: February 1, 2009
For further information, please call: (512) 305-7000
The Texas State Board of Podiatric Medical Examiners proposes the changes to §375.3 regarding General. The changes to §375.3 are being proposed to address the practice of podiatry and to clarify its scope, including its limitations.
Hemant Makan, Executive Director, has determined that for each year for the first five years the rule is effective, there will be no fiscal implications for state or local government as a result of enforcing or administering the rule.
Mr. Makan has also determined that for each year for the first five years the rules are in effect, the public benefit anticipated as a result of adopting the changes for §375.3 will be to address the practice of podiatry and to clarify its scope, including its limitations. There will be no cost to small businesses, micro-businesses or individuals.
Comments on or about the proposed changes may be submitted in writing, within the 30 days following the publication of this notice of proposed amendment in the Texas Register to Janie Alonzo, Staff Services Officer V, Texas State Board of Podiatric Medical Examiners, P.O. Box 12216, Austin, Texas 78711-2216, janie.alonzo@foot.state.tx.us.
The changes are being proposed under Texas Occupations Code, §202.151, which provides the Texas State Board of Podiatric Medical Examiners with the authority to adopt reasonable or necessary rules and bylaws consistent with the law regulating the practice of podiatry, the laws of this state, and the law of the United States to govern its proceedings and activities, the regulation of the practice of podiatry and the enforcement of the law regulating the practice of podiatry.
The proposed change for §375.3 implements Texas Occupations Code §202.001(a)(4) and Texas Health and Safety Code §241.101.
§375.3.General.
(a) - (b) (No change.)
(c) A licensed podiatric physician may treat that portion of the body at or below the ankle by any system or method.
(d) The intent §375.3(c) is to clarify that treatment may include surgical and non-surgical procedures performed on soft tissue structures distal to the tibial tuberosity that affect the foot and ankle.
(e) The intent of §375.3(c) is to clarify that this includes fractures that extend into the ankle joint.
(f) Surgical treatment of the ankle and their governing and related structures distal to the tibial tuberosity by a podiatric physician shall be performed only in a licensed acute care hospital or a licensed ambulatory surgical center.
(g) A licensed podiatric physician may perform all surgical procedures at a hospital or surgical facility that are within the scope of practice for podiatric medicine in the State of Texas as long as the podiatric physician is credentialed by the hospital or surgical facility to do so. The Texas State Board Podiatric Medical Examiners recommends individual privileging commensurate with an individual practitioner's level of experience, training or board certification/board eligibility.
(h) In recognition of proper practice for public safety, a podiatric physician shall provide adequate and appropriate services consistent with best medical practices, community standards and the law applicable to the practice of podiatric medicine, including the rules of the Board. The podiatric physician shall maintain objectivity, shall respect each individual's dignity and shall always act with integrity in providing services.
(i) The podiatric physician shall recognize his or her individual limitations of ability and shall not offer services outside the scope of practice, qualifications and training or use techniques that exceed individual professional competence. The podiatric physician shall not make any claim, directly or by implication, of possessing professional qualifications or affiliations that have not been attained or that are not currently possessed.
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 December 18, 2008.
TRD-200806586
Janie Alonzo
Staff Services Officer V
Texas State Board of Podiatric Medical Examiners
Earliest possible date of adoption: February 1, 2009
For further information, please call: (512) 305-7000
CHAPTER 535. GENERAL PROVISIONS
SUBCHAPTER F. EDUCATION, EXPERIENCE, EDUCATIONAL PROGRAMS, TIME PERIODS AND TYPE OF LICENSE
The Texas Real Estate Commission (TREC) proposes amendments to §535.64, concerning Accreditation of Schools and Approval of Courses and Instructors, and proposes to adopt by reference a revised course application form. Form ED 3-1, Course Application, has been revised to obtain additional information regarding the type of course, the provider's contact information, the delivery format, a sample course completion certificate, approval from the Distance Learning Certification Center for online courses, and a permission letter for courses using another provider's materials. The amendments also update a reference to Form ED 7-1, Instructor Manual Guidelines, which erroneously referred to an outdated version of the form, and a reference to the instructor approval requirements, which was not updated when the lettering of the subsections changed at the time of previous amendments to the section.
Devon V. Bijansky, Assistant General Counsel, has determined that for the first five-year period the amendments are in effect, there will be no fiscal implications for state or local governments as a result of enforcing or administering the amendments. There is no anticipated economic cost to persons who are required to comply with the amendments as proposed. There is no anticipated impact on small businesses, micro-businesses, or local or state employment as a result of implementing the proposed amendments.
Ms. Bijansky also has determined that for each year of the first five years the section as proposed is in effect the public benefit anticipated as a result of enforcing the section will be greater efficiency for agency staff as well as applicants because of reduced need to request follow-up materials.
Comments on the proposed rule may be submitted to Devon V. Bijansky, Assistant General Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.
The amendments are proposed under Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to make and enforce all rules and regulations necessary for the performance of its duties and to establish standards of conduct and ethics for its licensees in keeping with the purpose and intent of the Act to ensure compliance with the provisions of the Act.
The statute affected by the proposed amendments is Texas Occupations Code, Chapter 1101. No other statute, code or article is affected by the proposed amendments.
§535.64.Accreditation of Schools and Approval of Courses and Instructors.
(a) - (f) (No change.)
(g) Forms. The Texas Real Estate Commission adopts by reference the following forms approved by the commission. These documents are published by and available from the Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188, www.trec.state.tx.us.
(1) - (2) (No change.)
(3) Form ED 3-1 [0], Course Application;
(4) - (7) (No change.)
(h) Obtaining approval to offer course. An applicant
shall submit Form ED 3-1 [0] the first time
approval is sought to offer a course. Once a course has been approved,
no further approval is required for another accredited school to offer
the same course. Prior to advertising or offering the course, however,
the subsequent provider shall complete Form ED 3-1 [0],
file the form with the commission and receive written or oral acknowledgment
from the commission that all necessary documentation has been filed.
A school shall submit an instructor's manual for each proposed course.
The commission may require a copy of the course materials and instructor's
manual to be submitted for each previously approved course the school
intends to offer. Subsequent providers shall offer the course as originally
approved or as revised with the approval of the commission and shall
use all materials required in the original or revised course. Each
manual must comply with Form ED 7-1 [0], Instructor
Manual Guidelines. Schools may offer a course using an alternative
delivery method such as computers if the course satisfies the requirements
for such a course contained in §535.62(d)(6) of this chapter.
(i) - (k) (No change.)
(l) Disapproval of application. The commission may
disapprove an application for approval of an instructor for failure
to meet the standard imposed by subsection (i) [(g)]
of this section, failure to satisfy the commission as to the applicant's
honesty, trustworthiness or integrity, or for any reason which would
be a ground to suspend or revoke a real estate license. If an application
is disapproved, the commission shall provide written notice to the
applicant detailing the basis of the decision. An applicant may request
a hearing before the commission by filing a written request for hearing
within 10 days following the applicant's receipt of the notice of
disapproval. Venue for any hearing conducted under this section is
in Travis County. Appeals from application disapprovals will be conducted
in the manner required by the Act, §1101.364. Hearings are subject
to the Administrative Procedure Act, Texas Government Code, Chapter
2001, and to Chapter 533 of this title (relating to Practice and Procedure).
(m) - (o) (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 December 18, 2008.
TRD-200806561
Devon V. Bijansky
Assistant General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: February 1, 2009
For further information, please call: (512) 465-3900
CHAPTER 661. GENERAL RULES OF PROCEDURES AND PRACTICES
SUBCHAPTER D. APPLICATIONS, EXAMINATIONS, AND LICENSING
The Texas Board of Professional Land Surveying (TBPLS) proposes an amendment to §661.56, concerning firm registration renewal and expiration.
The amendment will clarify the date when the firm registration will expire.
Sandy Smith, Executive Director, has determined that for the first five year period the rule is in effect there will be no fiscal impact to state or local government as a result of enforcing or administering this amendment.
Ms. Smith has also determined that for each year of the first five years the rule is in effect the public will benefit from the rule because it will make the certificate of registration expiration date clearer.
There will be no effect on small or micro businesses that are in compliance with the Board's Act and Rules. There are no anticipated costs to those who are required to comply with the rule as proposed.
Comments on the proposed amendment may be submitted in writing to Sandy Smith, Executive Director, Texas Board of Professional Land Surveying, 12100 Park 35 Circle, Building A, Suite 156, Austin, Texas 78753. Comments may also be faxed to Ms. Smith at the Board at (512) 239-5253 or may be sent electronically to ssmith@txls.state.tx.us. All requests for a public hearing on the proposed section submitted under the Administrative Procedure Act must be received by the Executive Director not more than 15 calendar days after notice of a proposed change in the section has been published in the Texas Register.
The amendment is proposed pursuant to §1071.151, Title 6, Occupations Code, Subtitle C, which authorizes the Board to adopt and enforce reasonable and necessary rules to perform its duties.
The proposed amendment implements the Texas Administrative Code, Title 22, Part 29, General Rules of Procedures and Practices.
§661.56.Surveying Firms Renewal and Expiration.
(a) The certificate of registration shall be valid
until December 31 of the year registered [the last
day of the twelfth month following the date of issuance of the certificate
of registration]. At least one month in advance of the date
of the expiration, the Board shall notify each firm holding a certificate
of registration of the date of the expiration and the amount of the
fee that shall be required for its renewal for one year. The renewal
notice shall be mailed to the last address provided by the firm to
the Board. The certificate of registration may be renewed by completing
the renewal application and paying the annual registration renewal
fee set by the Board. It is the sole responsibility of the firm to
pay the required renewal fee prior to the expiration date, regardless
of whether the renewal notice is received.
(b) - (d) (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 December 16, 2008.
TRD-200806530
Sandy Smith
Executive Director
Texas Board of Professional Land Surveying
Earliest possible date of adoption: February 1, 2009
For further information, please call: (512) 239-5263