Part 17.
TEXAS STATE BOARD OF PLUMBING EXAMINERS
Chapter 361.
ADMINISTRATION
Subchapter B. PETITION FOR ADOPTION OF RULES
22 TAC §361.22
The Texas State Board of Plumbing Examiners adopts amendments
to §361.22 which set forth the general procedures that the Board must
follow when denying an examination, license, or endorsement without changes
to the proposed text as published in the December 8, 2000, issue of the
No comments were received regarding the proposed amendments.
The following is a restatement of the rule's factual basis: The amendments
to §361.22 are to clarify that an individual who has been denied an examination,
license, or endorsement by the Board, may re-apply for an examination, license,
or endorsement after waiting one year from the date that the denial became
final. This is the current practice of the Board and is consistent with §9(a)
of the Plumbing License Law which allows an individual to re-apply after the
same waiting period, for a license that has been revoked.
The amendments to §361.22 are adopted under and affect Texas
Revised Civil Statutes Annotated Article 6243-101 ("Act"), §5(a), §9(a), §9(c),
(Vernon Supp. 2000) and the rule it amends. Section 5(a) of the Act authorizes,
empowers and directs the Board to prescribe, amend and enforce all rules and
regulations necessary to carry out the Act. Section 9(a) states that an individual
may re-apply after a waiting period of one year for a license that has been
revoked. §9(c) states that an individual is entitled to a hearing if
the Board proposes to revoke or suspend the individual's license.
No other statute, article, or code is affected by this rule change.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 10, 2001.
TRD-200100181
Robert L. Maxwell
Administrator
Texas State Board of Plumbing Examiners
Effective date: January 30, 2001
Proposal publication date: December 8, 2000
For further information, please call: (512) 458-2145
22 TAC §363.1
The Texas State Board of Plumbing Examiners adopts amendments
to §363.1 which state the requirements and qualifications necessary for
an individual to obtain a license or endorsement issued by the Board without
changes to the proposed text as published in the December 8, 2000, issue of
the
Texas Register
(25 TexReg 12034). The
rule amendment is part of the Board's intent to comply with House Bill No.
1, 75th Legislature, Regular Session, 1998- 1999, Article IX, §167, and
the Board's rule review plan, which requires the Board to complete a review
of §363 of the Board Rules by August 31, 2001.
No comments were received regarding the proposed amendments.
The following is a restatement of the rule's factual basis: The amendments
to §363.1 clarify the current requirements that an applicant for examination
must be a citizen or national of the United States or an alien or non-immigrant
eligible for licensure by the State of Texas. This amendment does not add
a new qualification for examinations. Similar language contained in §363.2
is proposed to be clarified and moved to be included in §363.1 Other
amendments to §363.1 are grammatical for the purposes of clarification,
or for the purpose of deleting superfluous language.
The amendments to §363.1 are adopted under and affect Texas
Revised Civil Statutes Annotated Article 6243-101("Act"), §5(a), (Vernon
Supp. 2000), the rule it amends and House Bill No. 1, 75th Legislature, Regular
Session, 1998-1999, Article IX, §167 together with the Board's rule review
plan. Section 5(a) of the Act authorizes, empowers and directs the Board to
prescribe, amend and enforce all rules and regulations necessary to carry
out the Act. House Bill No. 1, 75th Legislature, Regular Session, 1998-1999,
Article IX, §167 and the Board's rule review plan require the Board to
complete a review of Chapter 363 of the Board Rules by August 31, 2001.
No other statute, article, or code is affected by this rule change.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 10, 2001.
TRD-200100167
Robert L. Maxwell
Administrator
Texas State Board of Plumbing Examiners
Effective date: January 30, 2001
Proposal publication date: December 8, 2000
For further information, please call: (512) 458-2145
22 TAC §363.2
The Texas State Board of Plumbing Examiners adopts amendments
to §363.2 which generally state the requirements necessary for an individual
to meet when applying for examination by the Board without changes to the
proposed text as published in the December 1, 2000, issue of the
Texas Register
(25 TexReg 11835). The rule amendment is part of the
Board's intent to comply with House Bill No. 1, 75th Legislature, Regular
Session, 1998-1999, Article IX, §167, and the Board's rule review plan,
which requires the Board to complete a review of §363 of the Board Rules
by August 31, 2001.
No comments were received regarding the proposed amendments.
The following is a restatement of the rule's factual basis: The amendments
to Section 363.2 delete superfluous language in §363.2 that is also contained
elsewhere in the Board Rules and add language for simplicity and clarification
purposes.
The amendments to §363.2 are adopted under and affect Texas
Revised Civil Statutes Annotated Article 6243-101("Act"), §5(a), (Vernon
Supp. 2000), the rule it amends and House Bill No. 1, 75th Legislature, Regular
Session, 1998-1999, Article IX, §167 together with the Board's rule review
plan. Section 5(a) of the Act authorizes, empowers and directs the Board to
prescribe, amend and enforce all rules and regulations necessary to carry
out the Act and to determine the fitness and qualifications of those applying
to the Board for examination. House Bill No. 1, 75th Legislature, Regular
Session, 1998-1999, Article IX, Section 167 and the Board's rule review plan
require the Board to complete a review of Chapter 363 of the Board Rules by
August 31, 2001.
No other statute, article, or code is affected by this rule change.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 10, 2001.
TRD-200100168
Robert L. Maxwell
Administrator
Texas State Board of Plumbing Examiners
Effective date: January 30, 2001
Proposal publication date: December 1, 2000
For further information, please call: (512) 458-2145
22 TAC §363.4
The Texas State Board of Plumbing Examiners adopts amendments
to §363.4 which state the requirements for reporting for scheduled examinations
without changes to the proposed text as published in the December 1, 2000,
issue of the
Texas Register
(25 TexReg 11836).
The rule amendment is part of the Board's intent to comply with House Bill
No. 1, 75th Legislature, Regular Session, 1998-1999, Article IX, §167,
and the Board's rule review plan, which requires the Board to complete a review
of §363 of the Board Rules by August 31, 2001.
No comments were received regarding the proposed amendments.
The following is a restatement of the rule's factual basis: The amendments
to §363.4 clarify the current requirements that examination applicants
must meet in order to reschedule an examination and avoid forfeiture of fees
paid. The amendments to §363.4 delete superfluous language and condense
and clarify the information contained in §363.4.
The amendments to §363.4 are adopted under and affect Texas
Revised Civil Statutes Annotated Article 6243-101("Act"), §5(a), (Vernon
Supp. 2000), the rule it amends and House Bill No. 1, 75th Legislature, Regular
Session, 1998-1999, Article IX, §167 together with the Board's rule review
plan. Section 5(a) of the Act authorizes, empowers and directs the Board to
prescribe, amend and enforce all rules and regulations necessary to carry
out the Act and to determine the fitness and qualifications of those applying
to the Board for examination. House Bill No. 1, 75th Legislature, Regular
Session, 1998-1999, Article IX, §167 and the Board's rule review plan
require the Board to complete a review of Chapter 363 of the Board Rules by
August 31, 2001.
No other statute, article, or code is affected by this rule change.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 10, 2001.
TRD-200100169
Robert L. Maxwell
Administrator
Texas State Board of Plumbing Examiners
Effective date: January 30, 2001
Proposal publication date: December 1, 2000
For further information, please call: (512) 458-2145
22 TAC §363.5
The Texas State Board of Plumbing Examiners adopts amendments
to §363.5 which generally state the description of examinations and how
applicants for examination are given detailed descriptions of each examination
by the Board without changes to the proposed text as published in the December
1, 2000, issue of the
Texas Register
(25 TexReg
11837). The rule amendment is part of the Board's intent to comply with House
Bill No. 1, 75th Legislature, Regular Session, 1998-1999, Article IX, §167,
and the Board's rule review plan, which requires the Board to complete a review
of Section 363 of the Board Rules by August 31, 2001.
No comments were received regarding the proposed amendments.
The following is a restatement of the rule's factual basis: The amendments
to §363.5 are grammatical in content and also delete obsolete language
that states that the Board may sell study guides to applicants for examination.
Board examinations are no longer based on the referenced study guide.
The amendments to §363.5 are adopted under and affect Texas
Revised Civil Statutes Annotated Article 6243-101("Act"), §5(a), (Vernon
Supp. 2000), the rule it amends and House Bill No. 1, 75th Legislature, Regular
Session, 1998-1999, Article IX, §167 together with the Board's rule review
plan. Section 5(a) of the Act authorizes, empowers and directs the Board to
prescribe, amend and enforce all rules and regulations necessary to carry
out the Act and to determine the fitness and qualifications of those applying
to the Board for examination. House Bill No. 1, 75th Legislature, Regular
Session, 1998-1999, Article IX, §167 and the Board's rule review plan
require the Board to complete a review of Chapter 363 of the Board Rules by
August 31, 2001.
No other statute, article, or code is affected by this rule change.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 10, 2001.
TRD-200100170
Robert L. Maxwell
Administrator
Texas State Board of Plumbing Examiners
Effective date: January 30, 2001
Proposal publication date: December 1, 2000
For further information, please call: (512) 458-2145
22 TAC §363.8
The Texas State Board of Plumbing Examiners adopts amendments
to §363.8 which states that the Board shall notify examination applicants
of examination results and, upon request, shall provide an analysis of examinations
without changes to the proposed text as published in the December 1, 2000,
issue of the
Texas Register
(25 TexReg 11837).
The rule amendment is part of the Board's intent to comply with House Bill
No. 1, 75th Legislature, Regular Session, 1998-1999, Article IX, §167,
and the Board's rule review plan, which requires the Board to complete a review
of §363 of the Board Rules by August 31, 2001.
No comments were received regarding the proposed amendments. The following
is a restatement of the rule's factual basis: The amendments to §363.8
are grammatical in content and also delete unnecessary language. The amendments
to §363.8 do not change the requirements of the rule.
The amendments to §363.8 are adopted under and affect Texas
Revised Civil Statutes Annotated Article 6243-101("Act"), Section 5(a), (Vernon
Supp. 2000), the rule it amends and House Bill No. 1, 75th Legislature, Regular
Session, 1998-1999, Article IX, §167 together with the Board's rule review
plan. Section 5(a) of the Act authorizes, empowers and directs the Board to
prescribe, amend and enforce all rules and regulations necessary to carry
out the Act and to determine the fitness and qualifications of those applying
to the Board for examination. House Bill No. 1, 75th Legislature, Regular
Session, 1998-1999, Article IX, §167 and the Board's rule review plan
require the Board to complete a review of Chapter 363 of the Board Rules by
August 31, 2001.
No other statute, article, or code is affected by this rule change.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 10, 2001.
TRD-200100171
Robert L. Maxwell
Administrator
Texas State Board of Plumbing Examiners
Effective date: January 30, 2001
Proposal publication date: December 1, 2000
For further information, please call: (512) 458-2145 ext.222
22 TAC §363.9
The Texas State Board of Plumbing Examiners adopts amendments
to §363.9 which generally state the requirements for re-taking a failed
examination without changes to the proposed text as published in the December
1, 2000, issue of the
Texas Register
(25 TexReg
11838). The rule amendment is part of the Board's intent to comply with House
Bill No. 1, 75th Legislature, Regular Session, 1998-1999, Article IX, §167,
and the Board's rule review plan, which requires the Board to complete a review
of §363 of the Board Rules by August 31, 2001.
No comments were received regarding the proposed amendments. The following
is a restatement of the rule's factual basis: The amendments to §363.9
are grammatical in content and also delete unnecessary language. The rule
amendments do not change the requirements of the reexamination rule, which
allow any applicant who fails only one part of an examination to retake only
the one failed part.
The amendments to §363.9 are adopted under and affect Texas
Revised Civil Statutes Annotated Article 6243-101("Act"), §5(a), (Vernon
Supp. 2000), the rule it amends and House Bill No. 1, 75th Legislature, Regular
Session, 1998-1999, Article IX, §167 together with the Board's rule review
plan. Section 5(a) of the Act authorizes, empowers and directs the Board to
prescribe, amend and enforce all rules and regulations necessary to carry
out the Act and to determine the fitness and qualifications of those applying
to the Board for examination. House Bill No. 1, 75th Legislature, Regular
Session, 1998-1999, Article IX, §167 and the Board's rule review plan
require the Board to complete a review of Chapter 363 of the Board Rules by
August 31, 2001.
No other statute, article, or code is affected by this rule change.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 10, 2001.
TRD-200100172
Robert L. Maxwell
Administrator
Texas State Board of Plumbing Examiners
Effective date: January 30, 2001
Proposal publication date: December 1, 2000
For further information, please call: (512) 458-2145 ext.222
22 TAC §363.11
The Texas State Board of Plumbing Examiners adopts amendments
to §363.11 which state the requirements for license endorsement training
programs and explain the process of the programs without changes to the proposed
text as published in the December 1, 2000, issue of the
Texas Register
(25 TexReg 11839). The rule amendment is part of the
Board's intent to comply with House Bill No. 1, 75th Legislature, Regular
Session, 1998-1999, Article IX, §167, and the Board's rule review plan,
which requires the Board to complete a review of §363 of the Board Rules
by August 31, 2001.
No comments were received regarding the proposed amendments. The following
is a restatement of the rule's factual basis: The amendments to §363.11
are grammatical in content and also delete unnecessary language. The proposed
amendments also delete any reference to the Central Education Agency, since
its removal is consistent with prior rule changes regarding Board approved
instructors. The rule amendments do not change the manner in which the programs
currently function.
The amendments to §363.11 are adopted under and affect Texas
Revised Civil Statutes Annotated Article 6243-101("Act"), §5(a), §8C
and §11A, (Vernon Supp. 2000), the rule it amends and House Bill No.
1, 75th Legislature, Regular Session, 1998-1999, Article IX, §167 together
with the Board's rule review plan. Section 5(a) of the Act authorizes, empowers
and directs the Board to prescribe, amend and enforce all rules and regulations
necessary to carry out the Act and to determine the fitness and qualifications
of those applying to the Board for examination. Section 8C authorizes the
Board to issue a Medical Gas Piping Installation Endorsement. Section 11A
authorizes the Board to issue a Water Supply Protection Specialist Endorsement.
House Bill No. 1, 75th Legislature, Regular Session, 1998-1999, Article IX, §167
and the Board's rule review plan require the Board to complete a review of
Chapter 363 of the Board Rules by August 31, 2001.
No other statute, article, or code is affected by this rule change.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 10, 2001.
TRD-200100173
Robert L. Maxwell
Administrator
Texas State Board of Plumbing Examiners
Effective date: January 30, 2001
Proposal publication date: December 1, 2000
For further information, please call: (512) 458-2145 ext. 222
22 TAC §367.1
The Texas State Board of Plumbing Examiners adopts amendments
to §367.1 which generally state the enforcement responsibilities of the
Board and local authorities, regarding the Plumbing License Law and Board
Rules, plumbing codes and the protection of potable water supplies without
changes to the proposed text as published in the December 8, 2000, issue of
the
Texas Register
(25 TexReg 12035). The
rule amendment is part of the Board's intent to comply with House Bill No.
1, 75th Legislature, Regular Session, 1998-1999, Article IX, §167, and
the Board's rule review plan, which requires the Board to complete a review
of §367 of the Board Rules by August 31, 2001.
No comments were received regarding the proposed amendments.
The following is a restatement of the rule's factual basis: The amendments
to §367.1 are grammatical in content and do not change the requirements
of the rule.
The amendments to §367.1 are adopted under and affect Texas
Revised Civil Statutes Annotated Article 6243-101("Act"), §5(a), §5B
and §14(f), (Vernon Supp. 2000), the rule it amends and House Bill No.
1, 75th Legislature, Regular Session, 1998-1999, Article IX, §167 together
with the Board's rule review plan. Section 5(a) of the Act authorizes, empowers
and directs the Board to prescribe, amend and enforce all rules and regulations
necessary to carry out the Act. Section 5B states the plumbing codes that
the Board shall adopt and the parameters for municipalities adopting plumbing
codes. Section 14(f) prohibits the sale or installation of equipment that
will allow the backflow of non-potable substances into the potable water supply.
House Bill No. 1, 75th Legislature, Regular Session, 1998-1999, Article IX, §167
and the Board's rule review plan require the Board to complete a review of
Chapter 367 of the Board Rules by August 31, 2001.
No other statute, article, or code is affected by this rule change.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 10, 2001.
TRD-200100175
Robert L. Maxwell
Administrator
Texas State Board of Plumbing Examiners
Effective date: January 30, 2001
Proposal publication date: December 8, 2000
For further information, please call: (512) 458-2145
22 TAC §367.2
The Texas State Board of Plumbing Examiners adopts amendments
to §367.2 which generally set forth the standards of conduct for all
licensees of the Board without changes to the proposed text as published in
the December 8, 2000, issue of the
Texas Register
(25 TexReg 12036). The rule amendment is part of the Board's intent
to comply with House Bill No. 1, 75th Legislature, Regular Session, 1998-1999,
Article IX, §167, and the Board's rule review plan, which requires the
Board to complete a review of §367 of the Board Rules by August 31, 2001.
No comments were received regarding the proposed amendments.
The following is a restatement of the rule's factual basis: The amendments
to §367.2 are grammatical in content and do not change the requirements
of the rule, with the exception of the deletion of certain language in §367.2(b)(1).
In particular, the existing language suggests that a licensee may have a conflict
of interest that would interfere with a faithful discharge of services or
impair independent judgement when performing services for a client or employer,
as long as the client or employer approves of the existence of such conflict
of interest. The Board proposes to delete the referenced language, since a
licensee of the Board should never allow any conflict to exist that would
interfere with a faithful discharge of services or impair independent judgement
when performing services for a client or employer. There should be no possibility
for a conflict that may interfere with a licensee's responsibility to protect
the health and safety of the public. The Board also proposes the deletion
of all references to the "plumbing" licensee and replace that language with
"licensee", in order to make it clear that the standards of conduct apply
to Licensed Plumbers and Licensed Plumbing Inspectors, alike. The Board has
historically interpreted and enforced this rule to include both Licensed Plumbers
and Licensed Plumbing Inspectors.
The amendments to §367.2 are adopted under and affect Texas
Revised Civil Statutes Annotated Article 6243-101("Act"), §5(a) and §5B,
(Vernon Supp. 2000), the rule it amends and House Bill No. 1, 75th Legislature,
Regular Session, 1998-1999, Article IX, §167 together with the Board's
rule review plan. Section 5(a) of the Act authorizes, empowers and directs
the Board to prescribe, amend and enforce all rules and regulations necessary
to carry out the Act. Section 5B states the plumbing codes that the Board
shall adopt and the parameters for municipalities adopting plumbing codes.
House Bill No. 1, 75th Legislature, Regular Session, 1998-1999, Article IX, §167
and the Board's rule review plan require the Board to complete a review of
Chapter 367 of the Board Rules by August 31, 2001.
No other statute, article, or code is affected by this rule change.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 10, 2001.
TRD-200100176
Robert L. Maxwell
Administrator
Texas State Board of Plumbing Examiners
Effective date: January 30, 2001
Proposal publication date: December 8, 2000
For further information, please call: (512) 458-2145
22 TAC §367.3
The Texas State Board of Plumbing Examiners adopts amendments
to §367.3 which generally set forth requirements for companies or persons
offering to perform plumbing work without changes to the proposed text as
published in the December 8, 2000, issue of the
Texas Register
(25 TexReg 12038). The rule amendment is part of the
Board's intent to comply with House Bill No. 1, 75th Legislature, Regular
Session, 1998-1999, Article IX, §167, and the Board's rule review plan,
which requires the Board to complete a review of §367 of the Board Rules
by August 31, 2001.
No comments were received regarding the proposed amendments.
The following is a restatement of the rule's factual basis: The amendments
to §367.3 are grammatical in content and do not change the requirements
of the rule. The rule requires companies or persons offering to perform plumbing
work to secure the services of a Responsible Master Plumber and companies
or individuals offering to perform medical gas work to secure the services
of a Responsible Master Plumber with a Medical Gas Installation Endorsement
on his or her Master Plumber License. The rule also defines responsibilities
of Responsible Master Plumbers.
The amendments to §367.3 are adopted under and affect Texas
Revised Civil Statutes Annotated Article 6243-101("Act"), Section 5(a), Section
14(a) and Section 14(b), (Vernon Supp. 2000), the rule it amends and House
Bill No. 1, 75th Legislature, Regular Session, 1998- 1999, Article IX, §167
together with the Board's rule review plan. Section 5(a) of the Act authorizes,
empowers and directs the Board to prescribe, amend and enforce all rules and
regulations necessary to carry out the Act. Section 14(a) prohibits a person
that is not exempted from the requirements of the Act, from conducting the
business of plumbing in this state without holding a valid license as provided
for by the Act. Section 14(b) prohibits a person from installing medical gas
piping without holding a license with a Medical Gas Installation Endorsement.
House Bill No. 1, 75th Legislature, Regular Session, 1998-1999, Article IX, §167
and the Board's rule review plan require the Board to complete a review of
Chapter 367 of the Board Rules by August 31, 2001.
No other statute, article, or code is affected by this rule change.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 10, 2001.
TRD-200100177
Robert L. Maxwell
Administrator
Texas State Board of Plumbing Examiners
Effective date: January 30, 2001
Proposal publication date: December 8, 2000
For further information, please call: (512) 458-2145
22 TAC §367.4
The Texas State Board of Plumbing Examiners adopts amendments
to §367.4 which generally set forth requirements for the display of plumbing
license numbers and company names without changes to the proposed text as
published in the December 8, 2000, issue of the
Texas Register
(25 TexReg 12038). The rule amendment is part of the
Board's intent to comply with House Bill No. 1, 75th Legislature, Regular
Session, 1998-1999, Article IX, §167, and the Board's rule review plan,
which requires the Board to complete a review of §367 of the Board Rules
by August 31, 2001.
No comments were received regarding the proposed amendments.
The following is a restatement of the rule's factual basis: The amendments
to §367.4 are grammatical in content and do not change the requirements
of the rule which generally set forth requirements for the display of plumbing
license numbers and company names.
The amendments to §367.4 are adopted under and affect Texas
Revised Civil Statutes Annotated Article 6243-101("Act"), §5(a),(Vernon
Supp. 2000), the rule it amends and House Bill No. 1, 75th Legislature, Regular
Session, 1998-1999, Article IX, §167 together with the Board's rule review
plan. Section 5(a) of the Act authorizes, empowers and directs the Board to
prescribe, amend and enforce all rules and regulations necessary to carry
out the Act. House Bill No. 1, 75th Legislature, Regular Session, 1998-1999,
Article IX, §167 and the Board's rule review plan require the Board to
complete a review of Chapter 367 of the Board Rules by August 31, 2001.
No other statute, article, or code is affected by this rule change.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 10, 2001.
TRD-200100178
Robert L. Maxwell
Administrator
Texas State Board of Plumbing Examiners
Effective date: January 30, 2001
Proposal publication date: December 8, 2000
For further information, please call: (512) 458-2145
22 TAC §367.6
The Texas State Board of Plumbing Examiners adopts amendments
to §367.6 which state that the Board may consider complaints of nonperformance
of plumbing contracts as grounds for disciplinary action without changes to
the proposed text as published in the December 8, 2000, issue of the
No comments were received regarding the proposed amendments.
The following is a restatement of the rule's factual basis: The amendments
to §367.6 are grammatical in content and do not change the requirements
of the rule which states that the Board may consider complaints of nonperformance
of plumbing contracts and agreements to render services as grounds for disciplinary
action. The rule also provides for any person, agency or local authority to
file such a complaint with the Board.
The amendments to §367.6 are adopted under and affect Texas
Revised Civil Statutes Annotated Article 6243-101("Act"), §5(a) and 9(a),
(Vernon Supp. 2000), the rule it amends and House Bill No. 1, 75th Legislature,
Regular Session, 1998-1999, Article IX, §167 together with the Board's
rule review plan. Section 5(a) of the Act authorizes, empowers and directs
the Board to prescribe, amend and enforce all rules and regulations necessary
to carry out the Act. Section 9(a) states that a violation of the Act includes
misrepresentation of services to be provided or which have been provided and
making any false promise with the intent to influence, persuade or induce
an individual to contract for services. House Bill No. 1, 75th Legislature,
Regular Session, 1998-1999, Article IX, §167 and the Board's rule review
plan require the Board to complete a review of Chapter 367 of the Board Rules
by August 31, 2001.
No other statute, article, or code is affected by this rule change.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 10, 2001.
TRD-200100179
Robert L. Maxwell
Administrator
Texas State Board of Plumbing Examiners
Effective date: January 30, 2001
Proposal publication date: December 8, 2000
For further information, please call: (512) 458-2145
22 TAC §367.7
The Texas State Board of Plumbing Examiners adopts amendments
to §367.7 which identify certain violations of the Act and Board Rules
and set forth certain penalties for the violations without changes to the
proposed text as published in the December 8, 2000, issue of the
Texas Register
(25 TexReg 12040). The rule amendment is part of the
Board's intent to comply with House Bill No. 1, 75th Legislature, Regular
Session, 1998-1999, Article IX, §167, and the Board's rule review plan,
which requires the Board to complete a review of §367 of the Board Rules
by August 31, 2001.
No comments were received regarding the proposed amendments.
The following is a restatement of the rule's factual basis: The amendments
to §367.7 are grammatical in content and do not change the requirements
of the rule which identify certain violations of the Act and Board Rules and
set forth certain penalties for the violations.
The amendments to §367.7 are adopted under and affect Texas
Revised Civil Statutes Annotated Article 6243-101("Act"), §5(a), §9(b), §9(e), §14(a)
and §14(c), (Vernon Supp. 2000), the rule it amends and House Bill No.
1, 75th Legislature, Regular Session, 1998-1999, Article IX, §167 together
with the Board's rule review plan. Section 5(a) of the Act authorizes, empowers
and directs the Board to prescribe, amend and enforce all rules and regulations
necessary to carry out the Act. Section 9(b) states that a person who violates
any provision of the Act or any rule, regulation, permit, or other order of
the Board is subject to a civil penalty of not less than $50 or more than
$1,000 for each act of violation and for each day of violation after notification.
Section 9(e) and Section14(a) state that engaged in or employing a person
to engage in plumbing or plumbing inspection activities without the required
license is a violation of the Act. Section 9(e) and Section14(c) state that
such a violation is a Class C misdemeanor. House Bill No. 1, 75th Legislature,
Regular Session, 1998-1999, Article IX, §167 and the Board's rule review
plan require the Board to complete a review of Chapter 367 of the Board Rules
by August 31, 2001.
No other statute, article, or code is affected by this rule change.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 10, 2001.
TRD-200100180
Robert L. Maxwell
Administrator
Texas State Board of Plumbing Examiners
Effective date: January 30, 2001
Proposal publication date: December 8, 2000
For further information, please call: (512) 458-2145
Chapter 535.
PROVISIONS OF THE REAL ESTATE LICENSE ACT
Subchapter G. MANDATORY CONTINUING EDUCATION
22 TAC §535.72
The Texas Real Estate Commission (TREC) adopts an amendment
to §535.72, concerning presentation of courses, advertising and records
in mandatory continuing education (MCE) courses, without changes to the proposed
text as published in the October 13, 2000, issue of the
Texas Register
(25 TexReg 10262) . The amendment to §535.72 limits
the MCE daily classroom course presentation to 10 hours, consistent with the
current limit on core real estate courses . This amendment is necessary to
ensure that students are not kept in class when they are no longer receptive
to instruction because of fatigue and thus provide them a greater opportunity
to master the course material.
No comments were received regarding the proposal.
The amendment is adopted 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 9, 2001.
TRD-200100113
Mark A. Moseley
General Counsel
Texas Real Estate Commission
Effective date: January 29, 2001
Proposal publication date: October 13, 2000
For further information, please call: (512) 465-3900
Chapter 363.
EXAMINATIONS
Chapter 367.
ENFORCEMENT
Part 23.
TEXAS REAL ESTATE COMMISSION
Chapter 537.
PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS