PART 17. TEXAS STATE BOARD OF PLUMBING EXAMINERS
CHAPTER 361. ADMINISTRATION
SUBCHAPTER A. GENERAL PROVISIONS
22 TAC §361.6
The Texas State Board of Plumbing Examiners (Board)
proposes amendments to §361.6, which specifies certain fees charged
by the Board, including fees for initial applications for licenses,
endorsements, and registrations, as well as examinations, renewals
and late renewal fees.
The proposed amendments to §361.6 are necessary in order for
the Board to utilize revenue, as provided in Article VIII and Article
IX of the General Appropriations Act (Senate Bill 1, 81st Legislature,
Regular Session), which is contingent upon the Board assessing fees
sufficient to generate $1,085,520 in additional revenue, during the
2010 - 2011 biennium. Under the current fee structure, the Board will
not generate enough revenue during the 2010 - 2011 biennium to meet
the amount necessary for the Board to access the contingent revenue.
Robert L. Maxwell, Executive Director of the Texas State Board
of Plumbing Examiners, has determined that, as a result of the amendments,
there will be a fiscal impact to individuals who wish to obtain and
renew the licenses or registrations, as shown below:
Figure 1: 22 TAC Chapter 361--Preamble
Mr. Maxwell has also determined that for the first five-year period
that the amendments are in effect, persons who annually renew licenses
and registrations will be fiscally impacted by paying increased license
renewal fees over a five-year period, in the following amounts:
Figure 2: 22 TAC Chapter 361--Preamble
As required by §1301.403(e) of the Plumbing License Law, individuals
who fail to renew any of the above stated licenses or registrations
by the annual renewal date of the license or registration must pay
an additional late fee in order to renew a license. Individuals who
renew an expired license or registration within 90 days after the
expiration of the license or registration will pay an additional increased
late renewal fee equal to one-half of the renewal fee. Individuals
who renew an expired license or registration more than 90 days after
the expiration of the license or registration will pay an additional
increased late renewal fee equal to the renewal fee. As prohibited
by §1301.403(d) of the Plumbing License Law, no individual may
renew a license or registration that has been expired for two years or more.
Texas Government Code §2006.002, as amended by the 80th Legislature,
House Bill (HB) 3430, requires an agency to perform an Economic Impact
Statement and Regulatory Flexibility Analysis if a proposed rule could
have an adverse economic impact on small businesses. The Board licenses
individuals and not businesses. Only individuals may hold a plumbing
license, endorsement or registration and be required to pay examination,
license, endorsement, registration, and renewal fees. Because the
Board does not license businesses or require businesses to pay fees,
the amendments will have no mandated adverse economic impact on small
businesses.
Additionally, Mr. Maxwell has determined that each year of the
first five years the amendments are in effect there should be no mandated
adverse economic impact on local or state government.
The public benefit anticipated as a result of adopting these amendments
will be the Board's ability to better protect the heath, safety and
welfare of the citizens by utilizing additional funding for administration
and enforcement the Plumbing License Law and Board Rules. Administration
and enforcement of the Plumbing License Law includes the investigation
of consumer complaints, job-site compliance checks and pursuing action
against persons who choose to endanger the health, safety and welfare
of the citizens by violating the Plumbing License Law and Board Rules.
Comments on the proposed amendments may be submitted within 30
days of publication of these proposed amendments in the Texas Register
to Robert L. Maxwell, Executive
Director, Texas State Board of Plumbing Examiners, 929 East 41st Street,
P.O. Box 4200, Austin, Texas 78765-4200, or by email to info@tsbpe.state.tx.us.
The amendments to §361.6 are proposed under and
affect Title 8, Chapter 1301, Occupations Code ("Plumbing License
Law" or "Act"), §§1301.251, 1301.253, and 1301.403, the
rule it amends and the General Appropriation Acts, Article VIII, Board
of Plumbing Examiners (Senate Bill 1, 81st Legislature, Regular Session).
Section 1301.251 requires the Board to adopt and enforce rules necessary
to administer the Plumbing License Law. Section 1301.253 requires
the Board to set fee amounts that are reasonable and necessary to
cover the costs of administering the Act. Section 1301.403 sets forth
the requirements for renewal of a license. The General Appropriations
Act, Article VIII and Article IX (Senate Bill 1, 81st Legislature,
Regular Session), provides additional funding to the Board contingent
upon the Board assessing fees sufficient to generate $1,085,520 in
additional revenue, during the 2010 - 2011 biennium. The amendments
to §361.6 are also proposed under Texas Government Code §2006.002,
as amended by the 80th Legislature, HB 3430, which requires an agency
to perform an Economic Impact Statement and Regulatory Flexibility
Analysis if a proposed rule could have an adverse economic impact
on small businesses.
No other statute, article or code is affected by this proposed amendment.
§361.6.Fees.
(a) The Board has established the following fees:
(1) Initial Licenses, Endorsements and Registrations
(A) Master Plumber license--$230 [
(B) Journeyman Plumber license--$40 [
(C) Medical gas installation endorsement (Master)--$55;
(D) Medical gas installation endorsement (Journeyman)--$14;
(E) Plumbing inspector license--$55;
(F) Water supply protection specialist endorsement (Journeyman)--$14;
(G) Water supply protection specialist endorsement (Master)--$55;
(H) Tradesman Plumber-Limited License--$36 [
(I) Plumber's Apprentice Registration/Application--$18 [
(J) Residential Utilities Installer Registration/Application--$18 [
(K) Drain Cleaner Registration/Application--$18 [
(L) Drain Cleaner-Restricted Registration/Application--$18 [
(2) Examinations
(A) Master Plumber examination--$175 [
(B) Journeyman Plumber examination--$40 [
(C) Medical gas installation endorsement (Master)--$80;
(D) Medical gas installation endorsement (Journeyman)--$27;
(E) Plumbing inspector examination--$55;
(F) Water supply protection specialist endorsement (Journeyman)--$27;
(G) Water supply protection specialist endorsement (Master)--$80;
(H) Tradesman Plumber-Limited Licensee--$36 [
(3) Renewals
(A) Master Plumber license--$230 [
(B) Journeyman Plumber license--$40 [
(C) Medical gas installation endorsement (Master)--$55;
(D) Medical gas installation endorsement (Journeyman)--$14;
(E) Plumbing inspector license--$55;
(F) Water supply protection specialist endorsement (Journeyman)--$14;
(G) Water supply protection specialist endorsement (Master)--$55;
(H) Plumbing Inspector with a Master and/or Journeyman License--$55;
(I) Master Plumber with Journeyman Plumber License--$230 [
(J) Tradesman Plumber-Limited License--$36 [
(K) Plumber's Apprentice Registration--$18 [
(L) Residential Utilities Installer Registration--$18 [
(M) Drain Cleaner Registration--$18 [
(N) Drain Cleaner-Restricted Registration--$18 [
(4) Other fees
(A) Late renewal
(i) Master Plumber:
(I) less than 90 days--one-half renewal fee--$115 [
(II) more than 90 days--renewal fee--$230 [
(ii) Medical gas installation endorsement (Master):
(I) less than 90 days--one half renewal fee--$27.50;
(II) more than 90 days--renewal fee--$55;
(iii) Medical gas installation endorsement (Journeyman):
(I) less than 90 days--one half renewal fee--$7;
(II) more than 90 days--renewal fee--$14;
(iv) Journeyman Plumber:
(I) less than 90 days--one-half renewal fee--$20 [
(II) more than 90 days--renewal fee--$40 [
(v) Water supply protection specialist (Journeyman):
(I) less than 90 days--one half renewal fee--$7;
(II) more than 90 days--renewal fee--$14;
(vi) Water supply protection specialist (Master):
(I) less than 90 days--one half renewal fee--$27.50;
(II) more than 90 days--renewal fee--$55;
(vii) Plumbing Inspector:
(I) less than 90 days--one half renewal fee--$27.50;
(II) more than 90 days--renewal fee--$55;
(viii) Master Plumber with Journeyman Plumber:
(I) less than 90 days--one half renewal fee--$115 [
(II) more than 90 days--renewal fee--$230 [
(ix) Plumbing Inspector with Master and/or Journeyman Plumber:
(I) less than 90 days--one half renewal fee--$27.50;
(II) more than 90 days--renewal fee--$55;
(x)
Tradesman Plumber-Limited License:
(I) less than 90 days--one half renewal fee--$18 [
(II) more than 90 days--renewal fee--$36 [
(xi) Plumber's Apprentice Registration:
(I) less than 90 days--one half renewal fee--$9 [
(II) more than 90 days--renewal fee--$18 [
(xii) Residential Utilities Installer Registration:
(I) less than 90 days--one half renewal fee--$9 [
(II) more than 90 days--renewal fee--$18 [
(xiii) Drain Cleaner Registration:
(I) less than 90 days--one half renewal fee--$9 [
(II) more than 90 days--renewal fee--$18 [
(xiv) Drain Cleaner-Restricted Registration:
(I) less than 90 days--one half renewal fee--$9 [
(II) more than 90 days--renewal fee--$18 [
(B) Instructor Certification Training (Per Day)--$100.
(C) Duplicate license or registration--$10.
(D) Returned check--$25.
(b) Methods of payment
(1) Fees paid electronically through the Texas Online
website, which may be accessed from the Texas State Board of Plumbing
Examiners' website, may be made in the form of credit card or check.
(2) Fees paid by mail or in person may be made in the
form of money order, cashier's check, personal check, business check,
or the exact amount of cash (cash payments by mail are not recommended).
(3) An individual shall pay the appropriate fee prior
to the time of examination. For License, Registration, Endorsement,
and renewal, the appropriate fee shall be paid prior to issuance of
the License, Registration, Endorsement, or renewal.
(4) The board, under any special circumstances it finds appropriate, may:
(A) waive any requirements concerning the method or
timing of payment of any fee;
(B) refund any fee; or
(C) waive payment of any fee not required by statute.
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 July 14, 2009.
TRD-200902871
Robert L. Maxwell
Executive Director
Texas State Board of Plumbing Examiners
Earliest possible date of adoption: August 30, 2009
For further information, please call: (512) 936-5224
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