Part 4.
TEXAS COSMETOLOGY COMMISSION
Chapter 89.
GENERAL RULES AND REGULATIONS
22 TAC §89.37
The Texas Cosmetology Commission proposes new §89.37,
concerning invalidation of examination passing grades.
The section specifies the time period in which an applicant must apply
for licensure before the examination results become invalid. The section is
proposed to determine the time period during which a successful examinee must
apply for licensure or certification.
The new section is proposed as a result of a need to protect the public
from persons without current skills.
Mr. Henry O'Neal Holifield, Executive Director, Texas Cosmetology Commission,
has determined that for the first five-year period the rule is in effect,
there will be no fiscal implications for state or local government as a result
of enforcing or administering the rule.
Mr. Holifield also has determined that for each year of the first five
years the rule is in effect, the public benefit anticipated as a result of
enforcing the rule will be to ensure that all license and certificate holders
have the necessary skills to properly practice cosmetology. There will be
no effect on small businesses. There are no anticipated economic costs to
persons who are required to comply with the rule as proposed.
Comments on the proposal rule may be submitted to Mr. Henry O'Neal Holifield,
Texas Cosmetology Commission, P.O. Box 26700, Austin, Texas 78755-0700.
The new section is proposed under Texas Occupations Code, Chapter
1602, §1602.151, which provides the commission with the authority to
"adopt rules consistent with this chapter", to protect the public's health
and safety.
Texas Occupations Code, Chapter 1602, is not affected by this proposed
new section.
§89.37. Invalidation of Examination Passing Grades.
Passing grades on an examination may be used as the basis for issuing
a license or certificate for no more than five years following the date of
examination. After five years following the date of examination, passing grades
not used as the basis for issuing a license or certificate will be invalid.
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 April 10, 2000.
TRD-200002529
Henry O'Neal Holifield
Executive Director
Texas Cosmetology Commission
Earliest possible date of adoption: May 21, 2000
For further information, please call: (512) 454-4675
Chapter 103.
DENTAL HYGIENE LICENSURE
22 TAC §103.2
The State Board of Dental Examiners proposes amendments to §103.2,
Licensure by Credentials, Dental Hygienists. There are two proposed changes.
First, is the addition of new paragraph (8) which provides that applicants
for licensure by credentials must have completed a dental hygiene clinical
examination. The second is new paragraph (13) which requires applicants to
submit proof of completion of 12 hours of continuing education within the
past 12 months.
Jeffry R. Hill, Executive Director, State Board of Dental Examiners, has
determined that for the first five-year period the rule is in effect there
will be no fiscal implications for state or local government as a result of
enforcing the rule.
Mr. Hill has determined that for each year of the first five years the
rule is in effect the public benefit anticipated as a result of enforcing
the rule will be that the public will know that all dental hygienists licensed
in Texas, by credentials will have demonstrated clinical competency equivalent
to that required by those licensed by examination, and that they will have
completed continuing education within the preceding 12 months in the same
manner as all current Texas dental hygiene licensees.
It is unknown if there will be any fiscal implications for small businesses.
Should such costs be incurred, they will not be of such magnitude to impact
the economic viability of a small business. Therefore the SBDE has determined
that compliance with the proposed amended rule will not have an adverse economic
impact on small businesses when compared to large businesses as the cost of
compliance, if any, will be minimal.
Comments on the proposal may be submitted to Mei Ling Clendennen, Assistant
Executive Director, State Board of Dental Examiners, 333 Guadalupe, Tower
3, Suite 800, Austin, Texas 78701, 512-463-6400. To be considered all comments
must be received by the State Board of Dental Examiners on or before May 22,
2000.
The amended rule is proposed under Texas Government Code §2001.021
The proposed amended rule does not affect other statutes, articles, or
codes.
§103.2. Licensure by Credentials, Dental Hygienists.
The State Board of Dental Examiners will license dental hygiene applicants
by credentials upon payment of a fee, in the amount set by the Board, who
meet all SBDE and State of Texas minimum applicant requirements, general licensure
qualifications, and all of the following criteria:
(1) - (7)
(No change.)
(8)
Has successfully passed
a state or regional general dental hygiene clinical examination.
(9)
[
(10)
[
(11)
[
(12)
[
(13)
Effective September
1, 2000, all applicants must submit proof of completion of 12 hours of continuing
education taken within the 12 months preceding the date the licensure application
is received by the SBDE. All hours shall be taken in accordance with the provisions
as cited in §104.1(5), (6) and (7) of this title (relating to Requirements)
and §104.2 of this title (relating to Providers).
(14)
[
(15)
[
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 April 7, 2000.
TRD-200002493
Jeffry R. Hill
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: May 21, 2000
For further information, please call: (512) 463-6400
Subchapter C. ADMINISTRATIVE PENALTIES
22 TAC §107.400
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the State Board of Dental Examiners or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The State Board of Dental Examiners proposes the
repeal of §107.400, Reportable Disciplinary Action.
Rule, §107.400, effective June, 1998, was intended to provide a method
to allow certain licensees who have been disciplined by board order to clear
their records on the licensing database. Licensees with board orders over
a specified number of years old involving minor punishments where no patient
injury was involved could make application for clearance of database records.
Those who inquire concerning a licensee's status are given information from
the licensing database which includes a statement that disciplinary action
is on file for those licensees who have board orders of record. The board
orders in question would remain in board records and, of course, available
as public information. The effect of the current rule is to eliminate the
reference to disciplinary action without removing the order.
The State Board of Dental Examiners is of the opinion that board orders
should continue to be maintained without time limitations and that to avoid
confusion, the database, should make reference to board orders of record,
thus the proposal to repeal §107.400.
Jeffry R. Hill, Executive Director, State Board of Dental Examiners, has
determined for the first five-year period there will be no fiscal implications
for local government as a result of enforcing or administering the repeal
of the rule.
Mr. Hill also has determined that the rule in place leads to confusion
concerning a licensee's status and that the public interest in accurate and
clear information concerning licensees is not served by the rule.
The SBDE has determined that repeal of the rule will not have an adverse
economic impact on small businesses when compared to large businesses.
Comments on the proposal may be submitted to Mei Ling Clendennen, Assistant
Executive Director, State Board of Dental Examiners, 333 Guadalupe, Tower
3, Suite 800, Austin, Texas 78701, (512) 463-6400. To be considered, all comments
must be received by the State Board of Dental Examiners on or before May 22,
2000.
The proposed repeal of the rule is proposed under Texas Government
Code §2001.021
et.seq
; Texas Civil Statutes,
the Occupations Code §254.001 which provides the State Board of Dental
Examiners with the authority to adopt and promulgate rules consistent with
the Dental Practice Act .
The proposed repeal of the rule does not affect other statutes, articles,
or codes
§107.400. Reportable Disciplinary Action.
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 April 7, 2000.
TRD-200002492
Jeffry R. Hill
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: May 21, 2000
For further information, please call: (512) 463-6400
Chapter 193.
STANDING DELEGATION ORDERS
22 TAC §193.9, §193.10
The Texas State Board of Medical Examiners proposes new §193.9
and §193.10, concerning pronouncement of death and collaborative management
of glaucoma. Section 193.9 will enable physicians to make a pronouncement
of death based on facts given to them by licensed vocational nurses through
electronic communication. New §193.10 is proposed to implement the mandate
of the 76th Legislature as it relates to the Optometry Act, Article 4552,
Section 1.02, Vernon's Texas Civil Statutes, regarding the minimum standards
for the collaborative management of glaucoma.
John S. Teer, General Counsel, Texas State Board of Medical Examiners,
has determined that for the first five-year period the new sections are in
effect there will be no fiscal implications to state or local government as
a result of enforcing or administering the new sections as proposed.
Mr. Teer also has determined that for each year of the first five years
the new sections as proposed is in effect the public benefit anticipated as
a result of enforcing the new sections will be clarified information needed
to enable physicians to make a pronouncement of death based on information
received from licensed vocational nurses and a new regulation regarding collaborative
management of glaucoma. There are no anticipated economic costs to persons
who are required to comply with the new sections as proposed.
Comments on the proposal may be submitted to Pat Wood, P.O. Box 2018, MC-901,
Austin, Texas 78768-2018. A public hearing will be held at a later date.
The new sections are proposed under the authority of the Occupations
Code, §153.001, which provides the Texas State Board of Medical Examiners
to adopt rules and bylaws as necessary to: govern its own proceedings; perform
its duties; regulate the practice of medicine in this state; and enforce this
subtitle.
The Occupations Code, §157.001 is affected by the proposed new sections.
§193.9.Pronouncement of Death.
(a)
Purpose. These rules are promulgated under the authority
of the Medical Practice Act, §3.06(d), to allow physicians to receive
information from Texas licensed vocational nurses through electronic communication
for the purpose of making a pronouncement of death. Electronic communication
includes, but is not limited to telephone, facsimile transmission, or electronic
mail.
(b)
Do not resuscitate order. A do not resuscitate (DNR) order
must be kept in the patient's file.
(c)
Required information. In order to make a pronouncement
of death through electronic communication, a physician must receive, at a
minimum, the following information regarding the condition of the patient:
(1)
absence of palpable pulse for a minimum of 60 seconds;
(2)
absence of discernible blood pressure for a minimum
of 60 seconds;
(3)
absence of evidence of respiration for a minimum of
60 seconds;
(4)
absence of evidence of heartbeat for a minimum of
60 seconds; and
(5)
other information as the physician may require.
(d)
Follow-up by physician. If a physician makes a pronouncement
of death based on information received pursuant to subsection (c) of this
section, the physician retains responsibility for all acts related to this
pronouncement.
§193.10.Collaborative Management of Glaucoma.
(a)
Purpose. The purpose of this section is to implement the
mandate of the 76th Legislature as it relates to the Optometry Act, Article
4552, Section 1.02, Vernon's Texas Civil Statutes, regarding the minimum standards
for the collaborative management of glaucoma.
(b)
Minimum requirements. At a minimum, the treating ophthalmologist
should follow the guidelines outlined in paragraphs (1)-(10) of this section.
(1)
An initial consultation must take place within 30 days
of the diagnosis of glaucoma. The consultation must be a "face-to-face" confirmation
of the diagnosis, at which time the ophthalmologist may, at his or her discretion,
utilize the testing results from the optometrist or repeat such studies in
the confirmation of the diagnosis of primary open angle glaucoma.
(2)
The ophthalmologist must communicate in both written
and oral form the confirmation of the diagnosis, as well as the refinement
of the treatment plan as recommended by the optometrist.
(3)
A proper medical record must be generated for each
patient by the ophthalmologist and shall include all correspondence and testing
results. The medical record must also include a copy of the written informed
consent demonstrating that the patient understands that he or she is participating
in a co-management of primary open angle glaucoma.
(4)
The ophthalmologist must have, at a minimum, one annual
follow-up visit with the patient for review and refinement of the treatment
plan.
(5)
The ophthalmologist must report any irregular behavior
of the optometrist to the Texas State Board of Medical Examiners for referral
to the Texas Optometry Board.
(6)
The ophthalmologist must enter into the patient's
written medical records that the ophthalmologist has elected to enter into
a co-management agreement with an optometrist.
(7)
The ophthalmologist must complete a clinical skills
assessment with each optometrist in which a co-management arrangement exists.
At that time, the ophthalmologist must also confirm the credentials of the
therapeutic optometrist for completing the requirements to obtain the designation
of optometric glaucoma specialist.
(8)
A physician may charge a reasonable consultation fee
for a consultation given when a patient is referred with a diagnosis of primary
open angle glaucoma.
(9)
A physician to whom a patient is referred by a therapeutic
optometrist for treatment of primary open angle glaucoma shall forward to
the therapeutic optometrist, not later than the 30th day after first seeing
the patient, a written report on the results of the referral. A physician
who, for a medically appropriate reason, does not return a patient to the
therapeutic optometrist who referred the patient, shall state in the physician's
report to the therapeutic optometrist the specific medical reason for failing
to return the patient.
(10)
In order to enter into a co-management agreement
with an optometrist, there must be an agreement between the two professionals
that, following each visit, information about the patient examined will be
forwarded to the other practitioner.
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 April 10, 2000.
TRD-200002552
Bruce A. Levy, M.D., J.D.
Executive Director
Texas State Board of Medical Examiners
Earliest possible date of adoption: May 21, 2000
For further information, please call: (512) 305-7016
Chapter 535.
PROVISIONS OF THE REAL ESTATE LICENSE ACT
Subchapter I. LICENSES
22 TAC §§535.91, 535.92, 535.94, 535.95
The Texas Real Estate Commission (TREC) proposes amendments
to §535.91, concerning renewal applications, §535.92, concerning
satisfaction of mandatory continuing education requirements (MCE), §535.94,
concerning hearings on application disapprovals and §535.95, concerning
miscellaneous license renewal provisions. The amendments are proposed in connection
with TREC's on-going rule review process and generally are intended to shorten
TREC rules by removing unnecessary sections and to make the rules easier to
read and to use. A revised renewal application form also would be adopted
by reference.
The amendment to §535.91 rewrites the section for clarity. To enable
TREC to communicate more effectively with inactive real estate licensees,
the amendment also would require inactive licensees to provide a permanent
mailing address, rather than a residence address at the time of becoming inactive.
In the event a licensee fails to provide the address, the last known business
address of the licensee would be presumed to be the permanent mailing address
for the licensee. The amendment also would specify that licensees must provide
information requested by the commission in connection with a renewal within
30 days after receiving a request for the information. The renewal application
form would be revised for entry of the licensee's permanent mailing address,
and space would be added to permit licensees to furnish daytime telephone
numbers or e-mail addresses on an optional basis to permit the TREC staff
to communicate with them more readily.
The amendment to §535.92 would rewrite the section for brevity and
add a provision under which licensees could choose to renew their licensees
using the TREC Internet web site. If a course is taken to satisfy the continuing
education requirements of another state, the amendment would permit the course
to be used to satisfy MCE requirements in Texas only if the licensee holds
an active license in the other state, the course is approved for real estate
continuing education credit by the other state, and, if the course is offered
by correspondence, the course was offered by an accredited college or university.
These changes would ensure that the course was taken to satisfy real estate
licensing requirements of the other state and make the requirements for acceptance
of the out-of-state course consistent with the requirements for accepting
a course offered in Texas. The amendment also would clarify that real estate
inspection courses and core real estate courses at least 30 hours in length
are acceptable to meet MCE requirements for renewal of a license.
The amendment to §535.94 would broaden the section to encompass persons
seeking registration as an easement or right-of-way agent and would add a
reference to the Administrative Procedure Act. Language also would be added
to clarify that renewal of a probationary license may be subject to satisfaction
of educational requirements.
The amendment to §535.95 would extend the application of the section
to include easement or right-of-way agents registered with TREC, widen the
scope of the military duty exception to defer any education that would have
been required for timely renewal of the serviceperson's license and provide
a reference to the Administrative Procedure Act.
Mark A. Moseley, General Counsel, has determined that for the first five-year
period the sections are in effect there will be no fiscal implications for
the state or for units of local government as a result of enforcing or administering
the sections. There is no anticipated impact on small businesses, micro businesses
or local or state employment as a result of implementing the sections.
Mr. Moseley also has determined that for each year of the first five years
the sections as proposed are in effect the public benefit anticipated as a
result of enforcing the sections will be clarification of license renewal
procedures and improved communications between licensees and TREC. There is
no anticipated economic cost to persons who are required to comply with the
proposed sections.
Comments on the proposal may be submitted to Mark A. Moseley, General Counsel,
Texas Real Estate Commission, P.O. Box 12188, Austin, Texas, 78711-2188.
The amendments are proposed under Texas Civil Statutes, Article
6573a, §5(h), which authorize the Texas Real Estate Commission to make
and enforce all rules and regulations necessary for the performance of its
duties.
The statute which is affected by this proposal is Texas Civil Statutes,
Article 6573a.
§535.91.Renewal Applications.
(a)
Each real estate license expires on the date shown
on the face of the license certificate issued to the licensee.
The licensee
has the responsibility to apply for renewal of a license by making proper
application
, paying the fee set by the commission and completing
[
(b)
The Texas Real Estate Commission adopts by reference Renewal
Application Form
1-3
[
§535.92.Renewal: Time for Filing; Satisfaction of Mandatory Continuing Education Requirements.
(a)
A renewal application is timely filed if it is received
by the commission or postmarked
[
[(b)
When the last day of the renewal period
falls on a nonbusiness day, renewal applications may be accepted if received
or postmarked no later than the first business day following the last day
of the renewal period. Nonbusiness days are Saturday, Sunday and state holidays
designated in the General Appropriations Act or by other law.]
[(c)
Each real estate license expires on the
date shown on the face of the license certificate issued to the licensee.
The commission shall issue a license valid until the date designated; provided,
however, the commission shall not issue a license valid more than 24 months.]
[(d)
An inactive broker or inactive salesperson
may renew a license by complying with the renewal procedures established by
the commission. An inactive licensee shall furnish a residence address at
the time the licensee becomes inactive and report all subsequent address changes.]
[(e)
The commission shall establish a time
period for each licensee to renew a license which shall end with the expiration
date of the license involved.]
(b)
[
(c)
[
(d)
If the commission develops a system whereby
licenses may be renewed electronically, a licensee also may renew an unexpired
license by accessing the commission's Internet web site, entering the required
information on the renewal application form, satisfying applicable education
requirements and paying the appropriate fee in accordance with the instructions
provided at the site by the commission.
(e)
The commission may not renew a license
issued to a corporation, limited liability company or partnership unless the
corporation, limited liability company or partnership has designated an officer,
manager or partner who meets the requirements of the Act, including satisfaction
of MCE requirements. No person may act as designated officer, manager or partner
if the person has failed to meet MCE requirements. For the purpose of this
section, MCE requirements for the designated officer, manager or partner must
be satisfied during the term of any individual broker license held by the
officer, manager or partner. A designated partner who is not licensed individually
as a broker must complete MCE required for a two-year license within the term
of the partnership's license in order to renew the license of the partnership.
If the individual real estate broker license of a designated partner expires,
the partnership may only renew its license if the designated partner has satisfied
MCE requirements that would have been imposed if the license of the designated
partner had not expired.
(f)
[
(g)
[
(h)
[
(1)
the Texas licensee
held an active real estate license
[
(2)
the course was approved for continuing education credit
for a real estate license
by the other state
and if a correspondence
course, was offered by an accredited college or university
;
(3)
the Texas licensee's successful completion of the
course has been evidenced by a course completion certificate, a letter from
the provider
(4)
the subject matter of the course was predominately
devoted to a subject acceptable for MCE credit in this state; and
(5)
the Texas licensee has filed MCE Form 10-0, MCE Out
of State Course Credit Request, with the commission.
(i)
[
(j)
Real estate licensees may receive MCE
credit for core real estate courses or core real estate inspection courses
that have been approved by TREC or that are accepted by TREC for satisfying
educational requirements for obtaining or renewing a license. Core real estate
courses must be at least 30 classroom hours in length to be accepted for MCE
credit.
§535.94.Hearing on Application Disapproval. Probationary Licenses.
(a)
For the purposes of
Texas Civil Statutes, Article
6573a, (the Act), §10
[
(b)
(No change.)
(c)
The commission or an employee of the commission authorized
to render final decisions in contested cases may, after notice and hearing
as provided in §533.17 of this title (relating to Contested Case: Notice
of Hearing)
and the Administrative Procedure Act, Texas Government Code, §§2001.001,
et seq
, reprimand a probationary licensee or suspend or revoke a probationary
license if the probationary licensee fails to comply with a term or condition
of the probationary license.
(d)
Unless the order granting a probationary license specifies
otherwise, a probationary licensee may renew the license after the probationary
period by filing a renewal application
, satisfying applicable education
requirements
and paying the prescribed renewal fee.
§535.95.Miscellaneous Provisions Concerning License or Registration Renewals.
(a)
As used in this section, the term "license"
includes a registration issued by the commission, and the term "licensee"
includes registrants.
(b)
[
(1)
provides a copy of official orders or other official documentation
acceptable to the commission showing that the licensee was on active duty
outside the state during the licensee's last renewal period;
(2)
applies for the renewal within 90 days after the licensee's
active duty ends; and
(3)
pays the renewal application fee in effect when the
previous license expired.
(c)
[
(d)
[
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 April 6, 2000.
TRD-200002453
Mark A. Moseley
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: May 21, 2000
For further information, please call: (512) 465-3900
22 TAC §535.93
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Real Estate Commission or in the Texas Register office, Room 245,
James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Real Estate Commission (TREC) proposes
the repeal of §535.93, concerning possession of a license as a prerequisite
to acting as a real estate agent. Repeal of the section is proposed in connection
with TREC's on-going rule review process. Section 535.93 merely restates a
statutory prohibition against a license applicant's acting as a real estate
agent prior to receiving a license issued by TREC.
Mark A. Moseley, General Counsel, has determined that for the first five-year
period the repeal is in effect there will be no fiscal implications for the
state or for units of local government as a result of enforcing or administering
the repeal. There is no anticipated impact on small businesses, micro businesses
or local or state employment as a result of implementing the repeal.
Mr. Moseley also has determined that for each year of the first five years
the repeal as proposed is in effect the public benefit anticipated as a result
of enforcing the repeal will be the elimination of unnecessary rules. There
is no anticipated economic cost to persons who are required to comply with
the proposed repeal.
Comments on the proposal may be submitted to Mark A. Moseley, General Counsel,
Texas Real Estate Commission, P.O. Box 12188, Austin, Texas, 78711-2188.
The repeal is proposed under Texas Civil Statutes, Article 6573a, §5(h),
which authorize the Texas Real Estate Commission to make and enforce all rules
and regulations necessary for the performance of its duties.
The statute which is affected by this proposal is Texas Civil Statutes,
Article 6573a.
§535.93.Licensing: Possession of a License as Prerequisite.
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 April 4, 2000.
TRD-200002415
Mark A. Moseley
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: May 21, 2000
For further information, please call: (512) 465-3900
22 TAC §535.101
The Texas Real Estate Commission (TREC) proposes an amendment
to §535.101, concerning fees. The amendment is proposed in connection
with TREC's on-going review of its rules. The amendment is intended to make
the section consistent with existing practice and to eliminate unnecessary
provisions regarding payment of fees by schools accredited by TREC.
The amendment would rewrite the section for clarity. Fees are ordinarily
due when a licensee or registrant files an application with TREC, and the
section establishes a procedure for responding to a filing which is not accompanied
by a required fee. TREC no longer charges a separate fee for a change of address
or name reported in connection with a renewal of a license or registration,
however, since the renewal of a license necessarily involves the name and
address of the licensee. The section would be revised to be consistent with
the current practice. The amendment also would delete as redundant the section's
provisions relating to the filings for which fees are or are not charged.
Fees which may be charged to accredited schools by TREC are specifically addressed
by Texas Civil Statutes, Article 6573a, and it is not necessary to address
them in the section. A provision also would be added to clarify TREC's authority
to confirm a licensee's change of name by requesting written proof from the
licensee.
Mark A. Moseley, General Counsel, has determined that for the first five-year
period the section as proposed is in effect there will be no fiscal implications
for the state or for units of local government as a result of enforcing or
administering the section. There is no anticipated impact on small businesses,
micro businesses or local or state employment as a result of implementing
the section.
Mr. Moseley also has determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of enforcing
the section will be an elimination of unnecessary provisions in TREC's rules.
There is no anticipated economic cost to persons who are required to comply
with the proposed section.
Comments on the proposal may be submitted to Mark A. Moseley, General Counsel,
Texas Real Estate Commission, P.O. Box 12188, Austin, Texas, 78711-2188.
The amendment is proposed under Texas Civil Statutes, Article
6573a, §5(h), which authorize the Texas Real Estate Commission to make
and enforce all rules and regulations necessary for the performance of its
duties.
The statute which is affected by this proposal is Texas Civil Statutes,
Article 6573a.
§535.101.Fees.
(a)
Fees for the issuance of a license due to a change
of address, additional place of business or change of sponsoring broker are
due
[
[(b)
Any request requiring the payment of
a fee as set out in this section which is not accompanied by payment in full
of such fee shall be returned to the person making such request. No other
action will be taken on such requests until returned with the proper fee.]
(b)
[
(1)
a fee of $75 for the filing of an original application
for a real estate broker license;
(2)
a fee of $30 for annual renewal of a real estate broker
license;
(3)
a fee of $50 for the filing of an original application
for a real estate salesperson license;
(4)
a fee of $30 for annual renewal of a real estate salesperson
license;
(5)
a fee of $35 for an application for a license examination;
(6)
a fee of $20 for filing a request for a license for
each additional office or place of business;
(7)
a fee of $20 for filing a request for a license for
a change of place of business change of name, return to active status or change
of sponsoring broker;
(8)
a fee of $20 for filing a request to replace a license
lost or destroyed;
(9)
a fee of $400 for filing an application for
accreditation
[
(10)
a fee of $200 a year for operation of a real estate
education program under
the
Act, §7(f);
(11)
a fee of $15 for transcript evaluation;
(12)
a fee of $10 for preparing a license history; and
(13)
a fee of $25 for the filing of an appllication for
a moral characte determination.
[(d)
The fee specified in §11(a)(9) is
for an original application for accreditation of an educational program or
courses of study. After a school receives original accreditation, it may apply
for approval of additional courses of study without paying an additional fee.]
[(e)
The fee specified in §11(a)(10)
is for each year of operation of an educational program or in which a course
or courses of study are offered. Such fee will not be charged for offering
a commission-approved course at more than one location.]
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 April 4, 2000.
TRD-200002419
Mark A. Moseley
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: May 21, 2000
For further information, please call: (512) 465-3900
22 TAC §535.111
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Real Estate Commission or in the Texas Register office, Room 245,
James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Real Estate Commission (TREC) proposes
the repeal of §535.111, concerning use of a residence as a real estate
broker's office. Repeal of the section is proposed in connection with TREC's
on-going rule review process. The language in §535.111 relating to use
of the residence as an office is unnecessary, because the law does not prohibit
a broker from using a residence as an office. The language regarding the address
shown on the broker's license duplicates provisions elsewhere in TREC's rules
and can be eliminated.
Mark A. Moseley, General Counsel, has determined that for the first five-year
period the repeal is in effect there will be no fiscal implications for the
state or for units of local government as a result of enforcing or administering
the repeal. There is no anticipated impact on small businesses, micro businesses
or local or state employment as a result of implementing the repeal.
Mr. Moseley also has determined that for each year of the first five years
the repeal as proposed is in effect the public benefit anticipated as a result
of enforcing the repeal will be the elimination of unnecessary rules. There
is no anticipated economic cost to persons who are required to comply with
the proposed repeal.
Comments on the proposal may be submitted to Mark A. Moseley, General Counsel,
Texas Real Estate Commission, P.O. Box 12188, Austin, Texas, 78711-2188.
The repeal is proposed under Texas Civil Statutes, Article 6573a, §5(h),
which authorize the Texas Real Estate Commission to make and enforce all rules
and regulations necessary for the performance of its duties. The statute which
is affected by this proposal is Texas Civil Statutes, Article 6573a.
§535.111.Residence.
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 April 4, 2000.
TRD-200002416
Mark A. Moseley
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: May 21, 2000
For further information, please call: (512) 465-3900
Part 5.
STATE BOARD OF DENTAL EXAMINERS
(8)
] Is reputable, as demonstrated
by at least two letters of character reference which have been notarized.
(9)
] Practice experience
described in paragraph (3) of this section must be subsequent to applicant
having graduated from a dental hygiene school accredited by the Commission
on Dental Accreditation of the American Dental Association.
(10)
] Each candidate for
licensure by credentials must submit to the Credentials Review Committee of
the Board the required documents and information prescribed in this rule and
other documents or information that may be requested to enable the Committee
to evaluate appropriately an application and make a recommendation to the
Board for action on the application.
(11)
] Each applicant must
show proof of current CPR certification as required by the Texas Dental Practice
Act,
Chapter 256, §256.101
[
Article 4545a, §1(a)(6)
].
(12)
] Applications must be
delivered to the office of the State Board of Dental Examiners.
(13)
] An application for
licensure is filed with the State Board of Dental Examiners when it is actually
received, date-stamped, and logged-in by the State Board of Dental Examiners
along with all required documentation and fee. An incomplete application for
licensure and fee will be returned to applicant within three working days
with an explanation of additional documentation or information needed.
Chapter 107.
DENTAL BOARD PROCEDURES
Part 9.
TEXAS STATE BOARD OF MEDICAL EXAMINERS
Part 23.
TEXAS REAL ESTATE COMMISSION
and to complete
] mandatory continuing education (MCE) courses
within the time periods required by
the Act
[
the Real Estate
License Act (the Act)
], §7A. The commission shall mail a renewal
application form to the licensee's last known business address or, if the
licensee is in an inactive status [
permitted by the Act
], to the
licensee's last known
permanent mailing
[
residence
]
address as shown in the commission's computerized records.
An inactive
licensee shall furnish a permanent mailing address at the time the licensee
becomes inactive and report all subsequent address changes within 10 days
after a change of address. If a licensee fails to provide a permanent mailing
address at the time the licensee's license status becomes inactive, the last
known business address for the licensee will be deemed to be the licensee's
permanent mailing address.
Applications must be made on the current
renewal application form approved by the commission accompanied by the required
fee. Failure to receive a license renewal application form does not relieve
a licensee of the obligation to obtain the appropriate form and to apply for
renewal
of a license
[
to maintain licensure
].
A licensee shall provide information requested by the commission in connection
with an application to renew a license within 30 days after the commission
requests the information.
Failure to provide information requested by
the commission in connection with a renewal application
within the required
time
is grounds for disciplinary action under the Act, §15B(b).
1-2
], approved by the commission
in
2000
[
1996
]. This form is published by and available
from the Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.
An application for renewal showing
a postmark
] on or before the expiration date of the license [
is
acceptable
].
If the license expires on a Saturday, Sunday or other
day on which the headquarters office of the commission is not open for business,
the renewal application is timely filed if the application is received or
postmarked no later than the first business day after the expiration date
of the license.
(f) Each licensee shall, as a condition
of maintaining a license, pay the renewal fee no later than the day the current
license expires. A licensee who fails timely to pay a renewal fee must apply
for and receive a new active license in order to act as a real estate broker
or salesperson.
] If
an
[
the
] application is filed
within one year after the expiration of an existing license, the commission
may issue the new license prior to completing the investigation of any complaint
pending against the applicant or of any matter revealed by the application
. The commission may thereafter
[
without waiving the right to
]
initiate an action to suspend or revoke the license after notice and hearing
in accordance with
Texas Civil Statutes, Article 6573a, (the Act)
[
the Act
], §17.
(g)
] The commission shall advise
each licensee of the time period for filing a renewal application and paying
the renewal fee by mailing an appropriate notice to the licensee's last known
business address, or if the licensee is
in
an inactive
status
[
salesperson
], to the licensee's last known
permanent
mailing
[
residence
] address. The notice shall be mailed [
at least
] three months before expiration of the current license. If
the licensee is subject to mandatory continuing education (MCE) requirements,
the notice must also contain the number of MCE hours for which the licensee
has been given credit and the number of additional MCE hours required for
renewal of the license. The commission shall have no obligation to so notify
an inactive
licensee
[
salesperson
] who has failed to
furnish the commission with the
person's
[
salesperson's
]
permanent mailing
[
residence
] address or a corporation, limited
liability company or partnership that has failed to designate an officer,
manager or partner who meets the requirements of the Real Estate License Act
(the Act). [
The commission may not renew a license issued to a corporation,
limited liability company or partnership unless the corporation, limited liability
company or partnership has designated an officer, manager or partner who meets
the requirements of the Act, including satisfaction of MCE requirements. No
person may act as designated officer, manager or partner if the person has
failed to meet MCE requirements. For the purpose of this section, MCE requirements
for the designated officer, manager or partner must be satisfied during the
term of any individual broker license held by the officer, manager or partner.
A designated partner who is not licensed individually as a broker on September
1, 1991, shall be considered to have been licensed as a broker on that date
and must complete MCE required for a two-year license expiring on August 31,
1993, and for every two years thereafter in order to renew the license of
the partnership. The commission shall assign a number to an unlicensed designated
partner to use in lieu of an individual license number when completing MCE
forms required by the commission. If the individual real estate broker license
of a designated partner expires, the partnership may only renew its license
if the designated partner has satisfied MCE requirements that would have been
imposed if the license of the designated partner had not expired.
]
(h)
] Notwithstanding any provisions
of the Act to the contrary, when a licensee in an active status files a timely
application to renew a current license [
expiring on or after March 31,
1999,
] and has satisfied all requirements other than the completion
of applicable MCE requirements, the commission shall renew the current license
in an active status and notify the licensee in writing that if the licensee
has not completed the required number of hours of MCE courses prior to the
expiration date of the current license, the licensee must pay an additional
fee of $200 and complete the required number of hours of MCE courses within
60 days after the effective date of the new license. For the purpose of this
section, a renewed license is effective the day following the expiration of
the current license. If the licensee does not complete the required number
of hours of MCE courses prior to the expiration date of the current license,
the licensee shall complete the required number of hours of MCE courses and
pay the additional fee within 60 days after the effective date of the new
license. MCE courses completed after expiration of the current license under
this provision may not be applied to the following renewal of the license.
Original applications and return to active status are subject to MCE requirements
imposed by the Act.
(i)
] A real estate licensee may
not receive MCE credit for a license renewal unless the licensee attends all
of the MCE course. Credit
will
[
shall
] not be given
for attendance of the same course more than once during the term of the current
license or during the two-year period preceding the filing of an application
for late renewal or return to active status. Each licensee attending all sessions
of a course shall sign the course completion roster, MCE Form 8-3 and provide
the information required for each licensee on the form. A false statement
to the commission concerning attendance at an MCE course will be deemed a
violation of the Act, §15(a)(2) and of this section.
(j)
] A course taken by a Texas licensee
to satisfy continuing education requirements of another state may be approved
on an individual basis for MCE credit in this state upon the commission's
determination that:
was licensed
] in the other state at the time the course
was taken;
,
or such other proof as is satisfactory to the commission;
(k)
]
To request MCE credit
for real estate related courses approved by the State Bar of Texas for minimum
continuing legal education participatory credit, a
[
A
] licensee
shall either file MCE Form 12-1, Individual MCE Credit Request for State Bar
Course or sign MCE Form 12A-0, Provider MCE Credit Request for State Bar Course,
which may be filed by the course provider with the commission [
to request
MCE credit for real estate related courses approved by the State Bar of Texas
for minimum continuing education participatory credit
].
this section
],
"
declines
or fails to
register or
license an applicant
"
means
to disapprove an
applicant for a real estate license
[
application
] for failure to comply with the requirement of the
Act
[
Texas Real Estate License Act
], §6(b)
,
to satisfy the
commission as to the applicant's honesty, trustworthiness
,
and
integrity
, or, if the applicant seeks registration as an easement or
right-of-way agent, to disapprove an application for registration under §535.400
of this title (relating to Registration of Easement or Right-of-Way Agents.
(a)
] A licensee on active duty in
the United States armed forces serving outside the State of Texas may renew
an expired license without being subject to any increase in fee, any education
or experience requirements
,
or examination if the licensee:
(b)
]
Education
[
Salesperson annual education (SAE)
] requirements that would have been
imposed for a timely renewal shall be deferred under this section to the next
renewal of the license.
(c)
] Renewals of licenses issued
by the commission are subject to the policies established by the Texas Education
Code, §57.491. Before the commission declines to renew a license due
to a default on a loan guaranteed by Texas Guaranteed Student Loan Corporation
(TGSLC), a default on a repayment agreement with TGSLC or a failure to enter
a repayment agreement with TGSLC, the commission shall give notice and provide
an opportunity for a hearing in accordance with the provisions of
the
Administrative Procedure Act, Texas Government Code, §§2001.001,
et seq
[
Texas Civil Statutes, Article 6252-13a, §18
].
The commission shall advise licensees in renewal notices and license application
forms that default on a loan guaranteed by the TGSLC may prevent a subsequent
renewal of a license.
Subchapter J. FEES
The obligation for payment of fees for the issuance of licenses
reflecting a change or addition of place of business or change of sponsoring
broker accrues
] when requests for such licenses are received.
A change of address or name submitted with an application to renew a license,
however, does not require payment of a fee in addition to the fee for renewing
the license.If the commission receives a request for issuance of a license
certificate which requires payment of a fee, and the appropriate fee was not
filed with the request, the commission shall return the request and notify
the person filing the request that the person must pay the fee before the
certificate will be issued. The commission may require written proof of a
licensee's right to use a different name prior to issuing a license certificate
reflecting a change of name. As used in this section, the term "license" includes
a certificate of registration.
[
Requests for the application for
return to active status and appropriate fee have been mailed to or delivered
to the commission. A broker o changes or additions made during the annual
renewal period will require the payment of the prescribed fee(s) in addition
to the appropriate renewal fee.
]
(c)
] The commission shall charge
and collect the following fees:
approval
] of an education program under Texas
Civil Statutes, Article 6573a (the Act), §7(f);
Subchapter K. PLACE OF BUSINESS