Part 10. TEXAS FUNERAL SERVICE COMMISSION

Chapter 203. LICENSING AND ENFORCEMENT-SPECIFIC SUBSTANTIVE RULES

22 TAC §203.27

The Texas Funeral Service Commission proposes an amendment to §203.27 concerning Sponsors of Provisional Licensees.

The Texas Funeral Service Commission proposes an amendment to establish the requirement that a licensed embalmer or funeral director be physically present in the room with the provisional licensee and in view of the work performed during the course of the work performed by the provisional licensee.

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 public benefit will be to insure that the provisional licensee receives "personal supervision" and requires that a licensed embalmer or funeral director to be physically present in the room with the provisional licensee and in view of the work performed during the course of the work performed by the provisional licensee. 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 proposed amendment 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.

§203.27.Sponsors of Provisional Licensees.

(a)-(b)

(No change.)

(c)

A sponsor shall ensure that direct supervision is provided in order to provide firsthand and factual documentation of work accomplished by the provisional licensee on each case report submitted. The term "personal supervision" as used in Texas Occupations Code Sections 651.251, 651.301, 651.303, and 651.306 requires a licensed embalmer or funeral director to be physically present in the room with the provisional licensee and in view of the work performed during the course of the work performed by the provisional licensee.

(d)-(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 January 4, 2001.

TRD-20010067

O.C. "Chet" Robbins

Executive Director

Texas Funeral Service Commission

Earliest possible date of adoption: February 18, 2001

For further information, please call: (512) 936-2474

Chapter 661. GENERAL RULES OF PROCEDURES AND PRACTICES

Subchapter E. CONTESTED CASES

22 TAC §661.60, §661.97

The Texas Board of Professional Land Surveying proposes new §661.60, concerning Responsibility to the Board and §661.97, concerning Action in Another Jurisdiction.

Section 661.60 clarifies the repercussion of not complying with deadline dates established by the Board. Section 661.97 clarifies actions the Board can take against registrants if disciplinary actions are taken in another jurisdiction.

Sandy Smith, Executive Director, has determined that for the first five-year period the rules are in effect, there will be no fiscal implications for state or local government.

Ms. Smith also has determined that for each year of the first five years the rules are in effect the public benefit anticipated as a result of enforcing the rules will be clarification regarding non-compliance of deadline dates and clarification regarding disciplinary actions taken in another jurisdiction. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the rules as proposed.

Comments on the proposal may be submitted to Sandy Smith, Texas Board of Professional Land Surveying, 7701 North Lamar, Suite 400, Austin, Texas 78752.

The new sections are proposed under Texas Civil Statutes, Article 5282c, §9, which provides the Texas Board of Professional Land Surveying with the authority to make and enforce all reasonable and necessary rules, regulations and bylaws not inconsistent with the Texas Constitution, the laws of this state, and this Act.

No other statute, article, or code is affected by this proposal.

§661.60.Responsibility to the Board.

(a)

A registrant/licensee/SIT whose registration/license/certification is current or has expired but is renewable under the Texas Professional Land Surveying Practices Act and Board rules, is subject to all provisions of the Act and Board rules. A registrant/licensee/SIT shall respond fully and truthfully to all Board inquiries and furnish all maps, plats, surveys or other information or documentation requested by the Board within 30 days of such registrant's licensee's or SIT's receipt of a Board inquiry or request concerning matters under the jurisdiction of the Board. An inquiry or request shall be deemed received on the earlier of:

(1)

the date actually received as reflected by a delivery receipt from the United States Postal Service or a private courier or

(2)

two days after the Board request or inquiry is deposited in a postage paid envelope in the United States mail addressed to the registrant, licensee or SIT at his last address reflected on the records of the Board.

(b)

Any registrant, licensee or SIT subject to Board decisions or orders shall fully comply with the final decisions and orders within any time periods which might be specified in such decisions or orders. Failure to timely, fully and truthfully respond to Board inquiries, failure to furnish requested information, or failure to timely and fully comply with Board decisions and orders, shall constitute separate offenses of misconduct subject to such penalties as may be imposed by the Board as provided under the Act.

§661.97.Action in Another Jurisdiction.

Any disciplinary action taken in another jurisdiction on a matter which would constitute a violation of the Texas Professional Land Surveying Practices Act or Board rules shall be sufficient cause for disciplinary action by this Board. An authenticated copy of the order, adjudication, decision, or evidence of other final action by or on behalf of the regulatory authority in another jurisdiction which serves substantially the same function as the Board, shall be conclusive evidence of such violation, and shall be sufficient to support disciplinary action in this state.

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 January 5, 2001.

TRD-200100080

Sandy Smith

Executive Director

Texas Board of Professional Land Surveying

Earliest possible date of adoption: February 18, 2001

For further information, please call: (512) 452-9427