Part 10.
TEXAS FUNERAL SERVICE COMMISSION
Chapter 201.
LICENSING AND ENFORCEMENT--PRACTICE AND PROCEDURE
22 TAC §201.13
The Texas Funeral Service Commission proposes an amendment
to §201.13, concerning Inspections.
The Texas Funeral Service Commission proposes an amendment to change the
language regarding how often a licensed establishment is to be inspected.
The minimum length of time indicated "annual" is being added and the minimum
length of time indicated "biennial" is being deleted. The changes are proposed
to conform the section with the wording of Occupations Code, Sec. 651.52(H)(1)
which requires all licensed funeral establishments to be thoroughly examined
annually.
O. C. "Chet" Robbins, Executive Director, Texas Funeral Service Commission,
has determined that for the first five-year period this section is in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the section.
Mr. Robbins, Executive Director, Texas Funeral Service Commission, has
determined that for each year of the first five years the section is in effect
the public benefit will insure the protection of the consumer. There will
be no effect on local government. There will be no effect on small businesses.
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 O. C. "Chet" Robbins, Executive
Director, Texas Funeral Service Commission, 510 South Congress Avenue, Suite
206, Austin, Texas 78704, (512) 936-2474 or 1-888-667-4881. Comments may also
be submitted electronically to crob@tfsc.state.tx.us or faxed to (512) 479-5064.
The amendment is proposed under Section 651.152 of the Texas
Occupation Code, as amended by Section 18 of House Bill 3516, 76th Legislature
which authorizes the Commission to issue such rules and regulations as may
be necessary to effect the provisions of this Section.
No other statutes, articles, or codes are affected by the proposed amendment.
§201.13.Inspections.
(a)
(No change.)
(b)
Each licensed establishment shall be,
at
[
(c)-(e)
(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 July 25, 2000.
TRD-200005138
O.C. "Chet" Robbins
Executive Director
Texas Funeral Service Commission
Earliest possible date of adoption: September 10, 2000
For further information, please call: (512) 936-2474
Chapter 213.
PRACTICE AND PROCEDURE
22 TAC §213.30
The Board of Nurse Examiners proposes an amendment to §213.30,
Declaratory Order of Eligibility for Licensure. The Board is proposing to
amend §213.30(b)(5) to eliminate a $100.00 fee for those petitioners
seeking license who have mental health issues. This $100.00 fee is normally
charged pursuant to §223.1(15) to cover the investigations costs for
eligibility cases.
This amendment would eliminate the fee for those individuals who petition
the BNE for an eligibility order exclusively because the petitioner has, "within
the last five years, been diagnosed with, treated or hospitalized for schizophrenia
and/or other psychotic disorders, bi-polar disorder, antisocial personality
disorder or borderline personality disorder." See §223.1(15) of this
title (relating to Fees).
Petitions for a declaratory order based on past criminal convictions and
chemical dependency will be unaffected by this proposed rule amendment. Therefore,
any petitioner seeking a declaratory order who has a criminal history or chemical
dependency history will still be required to pay the fee.
Katherine A. Thomas, MN, RN, Executive Director, has determined that for
the first five-year period this amendment to the rule is in effect there will
be fiscal implications as a result of enforcing or administering this amended
rule. Ms. Thomas has determined that the effect on state government for the
first five-year period the section is in effect will be the loss of fees used
in eligibility investigations not to exceed $1,000.00 per fiscal year.
Ms. Thomas also has determined that for each year of the first five years
the amended rule is in effect the public benefit anticipated as a result of
enforcing the rule will be greater protection for the people of Texas. There
will be no effect on small businesses. There is not an anticipated economic
cost to persons who are required to comply with the section as proposed.
Questions about the content of this proposal may be directed to Katherine
A. Thomas, MN, RN, Executive Director, Board of Nurse Examiners, P.O. Box
430, Austin, Texas, 78767-0430. Comments will be accepted no later than 30
days from the date that this proposed amended rule is published in the
The amendment is proposed under §301.151 of the Texas Occupations
Code which provide the Board of Nurse Examiners with the authority and power
to make and enforce all rules and regulations necessary for the performance
of its duties and conducting of proceedings before it.
No code, statute, or rule is affected by this proposed amendment.
§213.30.Declaratory Order for Eligibility for Licensure.
(a)
(No change.)
(b)
The individual must submit a petition on forms provided
by the Board which includes:
(1)-(4)
(No change.)
(5)
the required fee which is not refundable.
Notwithstanding
any provision to the contrary, no fee will be required for petitions submitted
pursuant to this section when the potential ineligibility is due to mental
illness only.
(c)-(e)
(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 July 28, 2000.
TRD-200005239
Katherine A. Thomas, MN, RN
Executive Director
Board of Nurse Examiners
Earliest possible date of adoption: September 10, 2000
For further information, please call: (512) 305-6811
as
] a minimum, inspected on
an annual
[
a biennial
]
basis.
Part 11.
BOARD OF NURSE EXAMINERS
Chapter 223.
FEES