TITLE 16.ECONOMIC REGULATION

Part 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION

Chapter 60. TEXAS COMMISSION OF LICENSING AND REGULATION

Subchapter C. FEES

16 TAC §60.83

The Texas Department of Licensing and Regulation ("Department") adopts a new rule at 16 Texas Administrative Code, Subchapter C, §60.83 regarding late license renewal fees and requirements as published in the July 11, 2003, issue of the Texas Register (28 TexReg 5468), without changes, and will not be republished.

The new rule establishes the requirements and fees regarding late license renewals.

The new rule is necessary to implement Senate Bill 279, Acts of the 78th Legislature, §1.019, which addresses late license renewal requirements. Senate Bill 279 adds a new §51.401 to Chapter 51 of the Occupations Code that sets the requirements and fees for late renewal of Department licenses.

The Department drafted and distributed the proposed new rule to persons internal and external to the agency. No comments were received.

The new rule is adopted under Senate Bill 279, Acts of the 78th Legislature, Article 1, §1.019 which establishes late renewal fees and requirements and Texas Occupations Code, Chapter 51, §51.201 which requires the Commission to adopt rules as necessary to implement this chapter and §51.202 which requires the Commission to set fees for late license renewals.

The statutory provisions affected by the adoption are: Texas Occupations Code, Chapter 51; Texas Occupations Code, Chapter 1302, Texas Civil Statutes, Article 9102; Texas Occupations Code, Chapter 1802; Health and Safety Code, Chapter 755; Texas Occupations Code, Chapter 2502; Texas Government Code, Chapter 57; Texas Occupations Code, Chapter 2501; Texas Occupations Code, Chapter 1152; Texas Occupations Code, Chapter 1304; Texas Labor Code, Chapter 91; Texas Occupations Code, Chapter 2105; Texas Labor Code, Chapter 92; Texas Civil Statutes, Article 9035; Texas Occupations Code, Chapter 1901; Texas Occupations Code, Chapter 1902; and Texas Civil Statutes, Article 165c.

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 August 11, 2003.

TRD-200305024

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Effective date: September 1, 2003

Proposal publication date: July 11, 2003

For further information, please call: (512) 463-7348


Chapter 62. CAREER COUNSELING SERVICES

16 TAC §62.80

The Texas Department of Licensing and Regulation ("Department") adopts an amendment to an existing rule at 16 Texas Administrative Code, §62.80 concerning late renewal fees and requirements for the career counseling services program as published in the July 11, 2003, issue of the Texas Register (28 TexReg 5469), without changes, and will not be republished.

The amendment deletes the current fee for late renewals and adds language referring to §60.83 of the Department rules for late renewal requirements and fees.

The amendment is necessary to implement Senate Bill 279, Acts of the 78th Legislature, §1.019, which addresses provisions for establishing late license renewal requirements and fees for Department programs, including the career counseling services program.

The Department drafted and distributed the proposed rule to persons internal and external to the agency. No comments were received.

The amendment is adopted under Senate Bill 279, Acts of the 78th Legislature, Article 1, §1.019 which establishes late renewal fees and requirements and Texas Occupations Code, Chapter 51, §51.201 requires the Commission to adopt rules as necessary to implement this chapter and §51.202 which requires the Commission to set fees for late license renewals.

The statutory provisions affected by the adoption are Texas Occupations Code, Chapter 51 and Texas Occupations Code, Chapter 2502.

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 August 11, 2003.

TRD-200305025

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Effective date: September 1, 2003

Proposal publication date: July 11, 2003

For further information, please call: (512) 463-7348


Chapter 63. PERSONNEL EMPLOYMENT SERVICES

16 TAC §63.81

The Texas Department of Licensing and Regulation ("Department") adopts an amendment to an existing rule at 16 Texas Administrative Code, §63.81 concerning late renewal fees and requirements for the personnel employment services program as published in the July 11, 2003, issue of the Texas Register (28 TexReg 5470), without changes, and will not be republished..

The amendment deletes the current fee for late renewals and adds language referring to §60.83 of the Department rules for late renewal requirements and fees.

The amendment is necessary to implement Senate Bill 279, Acts of the 78th Legislature, §1.019, which addresses provisions for establishing late license renewal requirements and fees for Department programs, including the personnel employment services program.

The Department drafted and distributed the proposed rule to persons internal and external to the agency. No comments were received.

The amendment is adopted under Senate Bill 279, Acts of the 78th Legislature, Article 1, §1.019 which establishes late renewal fees and requirements and Texas Occupations Code, Chapter 51, §51.201 requires the Commission to adopt rules as necessary to implement this chapter and §51.202 which requires the Commission to set fees for late license renewals.

The statutory provisions affected by the adoption are Texas Occupations Code, Chapter 51 and Texas Occupations Code, Chapter 2501.

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 August 11, 2003.

TRD-200305026

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Effective date: September 1, 2003

Proposal publication date: July 11, 2003

For further information, please call: (512) 463-7348


Chapter 64. TEMPORARY COMMON WORKER EMPLOYERS

16 TAC §64.80

The Texas Department of Licensing and Regulation ("Department") adopts an amendment to an existing rule at 16 Texas Administrative Code, §64.80 concerning late renewal fees and requirements for the temporary common worker employers program as published in the July 11, 2003, issue of the Texas Register (28 TexReg 5470), without changes, and will not be republished.

The amendment deletes the current fee for late renewals and adds language referring to §60.83 of the Department rules for late renewal requirements and fees.

The amendment is necessary to implement Senate Bill 279, Acts of the 78th Legislature, §1.019, which addresses provisions for establishing late license renewal requirements and fees for Department programs, including the temporary common worker employers program.

The Department drafted and distributed the proposed rule to persons internal and external to the agency. No comments were received.

The amendment is adopted under Senate Bill 279, Acts of the 78th Legislature, Article 1, §1.019 which establishes late renewal fees and requirements and Texas Occupations Code, Chapter 51, §51.201 requires the Commission to adopt rules as necessary to implement this chapter and §51.202 which requires the Commission to set fees for late license renewals.

The statutory provisions affected by the adoption are Texas Occupations Code, Chapter 51 and Texas Labor Code, Chapter 92.

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 August 11, 2003.

TRD-200305027

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Effective date: September 1, 2003

Proposal publication date: July 11, 2003

For further information, please call: (512) 463-7348


Chapter 65. BOILER DIVISION

16 TAC §65.80

The Texas Department of Licensing and Regulation ("Department") adopts an amendment to an existing rule at 16 Texas Administrative Code, §65.80 concerning late renewal fees and requirements for the boiler program as published in the July 11, 2003, issue of the Texas Register (28 TexReg 5471), without changes, and will not be republished.

The amendment deletes the current fee for late renewals and adds language referring to §60.83 of the Department rules for late renewal requirements and fees.

The amendment is necessary to implement Senate Bill 279, Acts of the 78th Legislature, §1.019, which addresses provisions for establishing late license renewal requirements and fees for Department programs, including the boiler program.

The Department drafted and distributed the proposed rule to persons internal and external to the agency. No comments were received.

The amendment is adopted under Senate Bill 279, Acts of the 78th Legislature, Article 1, §1.019 which establishes late renewal fees and requirements and Texas Occupations Code, Chapter 51, §51.201 requires the Commission to adopt rules as necessary to implement this chapter and §51.202 which requires the Commission to set fees for late license renewals.

The statutory provisions affected by the adoption are Texas Occupations Code, Chapter 51 and Texas Health and Safety Code, Chapter 755.

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 August 11, 2003.

TRD-200305028

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Effective date: September 1, 2003

Proposal publication date: July 11, 2003

For further information, please call: (512) 463-7348


Chapter 66. REGISTRATION OF PROPERTY TAX CONSULTANTS

The Texas Department of Licensing and Regulation ("Department") adopts the repeal of 16 Texas Administrative Code, §66.81 and §66.84 and amendments to §66.20 and §66.80, concerning fees in the property tax consultants program as published in the July 11, 2003, issue of the Texas Register (28 TexReg 5471), without changes, and will not be republished.

The repeal eliminates one section, parts of which are being deleted and parts of which are being modified and moved to another section. The repeal also removes a section concerning registration fee upgrades that is no longer needed with the conversion from a two-year to a one-year licensure period.

Late renewal language was moved from §66.20 that conflicted with the requirements of Senate Bill 279, §1.019 and language was added that directs a registrant seeking renewal information to Subchapter H, Chapter 51. In §66.80 the fees were converted from two year to one year fees and a $200 fee increase was added. Language was also added referring to §60.83 of the Department rules for late renewal requirements and fees.

The adoption is necessary to implement Section 14 of House Bill 3442, which requires the Department to charge a $200 professional fee for registrations and renewals under Chapter 1152 of the Occupations Code. In addition, the adoption is necessary to convert the registration period from two years to one year as required by Senate Bill 279, §§12.010 and 12.011. Finally, the adoption is necessary to implement Senate Bill 279, §1.019, which addresses provisions for establishing late renewal requirements and fees for Department programs, including the property tax consultant program.

The Department drafted and distributed the proposed repeal and amendments to persons internal and external to the agency. No comments were received.

16 TAC §66.20, §66.80

The amendments are adopted under House Bill 3442, which requires the Department to charge a $200 professional fee for registrations and renewals under Chapter 1152 of the Occupations Code; Senate Bill 279, Acts of the 78th Legislature, Article 1, §1.019 which establishes late renewal fees and requirements; Texas Occupations Code, Chapter 51, §51.201 which requires the Commission to adopt rules as necessary to implement this chapter; and §51.202 which requires the Commission to set fees for late license renewals.

The statutory provisions affected by the adoption are Texas Occupations Code, Chapter 51 and Texas Occupations Code, Chapter 1302.

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 August 11, 2003.

TRD-200305029

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Effective date: September 1, 2003

Proposal publication date: July 11, 2003

For further information, please call: (512) 463-7348


16 TAC §66.81, §66.84

The repeal is adopted under Senate Bill 279, Acts of the 78th Legislature, Article 1, §1.019 which establishes late renewal fees and requirements and Texas Occupations Code, Chapter 51, §51.201 which requires the Commission to adopt rules as necessary to implement this chapter and §51.202 which requires the Commission to set fees for late license renewals.

The statutory provisions affected by the repeal are Texas Occupations Code, Chapter 51 and Texas Occupations Code, Chapter 1152.

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 August 11, 2003.

TRD-200305030

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Effective date: September 1, 2003

Proposal publication date: July 11, 2003

For further information, please call: (512) 463-7348


Chapter 67. AUCTIONEERS

16 TAC §67.81

The Texas Department of Licensing and Regulation ("Department") adopts an amendment to an existing rule at 16 Texas Administrative Code, §67.81, concerning late renewal fees and requirements for the auctioneers program as published in the July 11, 2003, issue of the Texas Register (28 TexReg 5472), without changes, and will not be republished.

The amendment deletes the current fee for late renewals and adds language referring to §60.83 of the Department rules for late renewal requirements and fees.

The amendment is necessary to implement Senate Bill 279, Acts of the 78th Legislature, §1.019, which addresses provisions for establishing late license renewal requirements and fees for Department programs, including the auctioneers program.

The Department drafted and distributed the proposed rule to persons internal and external to the agency. No comments were received.

The amendment is adopted under Senate Bill 279, Acts of the 78th Legislature, Article 1, §1.019 which establishes late renewal fees and requirements and Texas Occupations Code, Chapter 51, §51.201 requires the Commission to adopt rules as necessary to implement this chapter and §51.202 which requires the Commission to set fees for late license renewals.

The statutory provisions affected by the adoption are Texas Occupations Code, Chapter 51 and Texas Occupations Code, Chapter 1802.

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 August 11, 2003.

TRD-200305031

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Effective date: September 1, 2003

Proposal publication date: July 11, 2003

For further information, please call: (512) 463-7348


Chapter 68. ARCHITECTURAL BARRIERS

16 TAC §68.80

The Texas Department of Licensing and Regulation ("Department") adopts an amendment to an existing rule at 16 Texas Administrative Code, §68.80, concerning late renewal fees and requirements for the architectural barriers program as published in the July 11, 2003, issue of the Texas Register (28 TexReg 5473), without changes, and will not be republished.

The amendment deletes the current fee for late renewals and adds language referring to §60.83 of the Department rules for late renewal requirements and fees.

The amendment is necessary to implement Senate Bill 279, Acts of the 78th Legislature, §1.019, which addresses provisions for establishing late license renewal requirements and fees for Department programs, including the architectural barriers program.

The Department drafted and distributed the proposed rule to persons internal and external to the agency. No comments were received.

The amendment is adopted under Senate Bill 279, Acts of the 78th Legislature, Article 1, §1.019 which establishes late renewal fees and requirements and Texas Occupations Code, Chapter 51, §51.201 requires the Commission to adopt rules as necessary to implement this chapter and §51.202 which requires the Commission to set fees for late license renewals.

The statutory provisions affected by the adoption are Texas Occupations Code, Chapter 51 and Texas Civil Statutes, Article 9102.

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 August 11, 2003.

TRD-200305032

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Effective date: September 1, 2003

Proposal publication date: July 11, 2003

For further information, please call: (512) 463-7348


Chapter 71. WARRANTORS OF VEHICLE PROTECTION PRODUCTS

16 TAC §71.80

The Texas Department of Licensing and Regulation ("Department") adopts an amendment to an existing rule at 16 Texas Administrative Code, §71.80, concerning late renewal fees and requirements for the warrantors of vehicle protection products program as published in the July 11, 2003, issue of the Texas Register (28 TexReg 5473), with changes, and will be republished. The section is being adopted with changes to correct a typographical error in subsection (d).

The amendment deletes the current fee for late renewals and adds language referring to §60.83 of the Department rules for late renewal requirements and fees.

The amendment is necessary to implement Senate Bill 279, Acts of the 78th Legislature, §1.019, which addresses provisions for establishing late license renewal requirements and fees for Department programs, including the warrantors of vehicle protection products program.

The Department drafted and distributed the proposed rule to persons internal and external to the agency. No comments were received.

The amendment is adopted under Senate Bill 279, Acts of the 78th Legislature, Article 1, §1.019 which establishes late renewal fees and requirements and Texas Occupations Code, Chapter 51, §51.201 requires the Commission to adopt rules as necessary to implement this chapter and §51.202 which requires the Commission to set fees for late license renewals.

The statutory provisions affected by the adoption are Texas Occupations Code, Chapter 51 and Texas Civil Statutes, Article 9035.

§71.80.Fees.

(a) All fees are non-refundable.

(b) The original and renewal registration fees shall be:

(1) $500 for registrants who became obligated as warrantors of 0 to 999 vehicle protection product warranties during the twelve (12) months preceding the date of the application;

(2) $1,000 for registrants who became obligated as warrantors of 1,000 to 1,999 vehicle protection product warranties during the twelve (12) months preceding the date of the application; and

(3) $1,500 for registrants who became obligated as warrantors of 2,000 or more vehicle protection product warranties during the twelve (12) months preceding the date of the application.

(c) A $50 fee shall be charged for duplicate or amended registration certificates.

(d) Late renewal fees for registrations issued under this chapter are provided under §60.83 of this title (relating to Late Renewal Fees).

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 August 11, 2003.

TRD-200305033

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Effective date: September 1, 2003

Proposal publication date: July 11, 2003

For further information, please call: (512) 463-7348


Chapter 72. STAFF LEASING SERVICES

16 TAC §72.81

The Texas Department of Licensing and Regulation ("Department") adopts an amendment to an existing rule at 16 Texas Administrative Code, §72.81, concerning late renewal fees and requirements for the staff leasing services program as published in the July 11, 2003, issue of the Texas Register (28 TexReg 5474), without changes, and will not be republished.

The amendment deletes the current fee for late renewals and adds language referring to §60.83 of the Department rules for late renewal requirements and fees.

The amendment is necessary to implement Senate Bill 279, Acts of the 78th Legislature, §1.019, which addresses provisions for establishing late license renewal requirements and fees for Department programs, including the staff leasing services program.

The Department drafted and distributed the proposed rule to persons internal and external to the agency. No comments were received.

The amendment is adopted under Senate Bill 279, Acts of the 78th Legislature, Article 1, §1.019 which establishes late renewal fees and requirements and Texas Occupations Code, Chapter 51, §51.201 requires the Commission to adopt rules as necessary to implement this chapter and §51.202 which requires the Commission to set fees for late license renewals.

The statutory provisions affected by the adoption are Texas Occupations Code, Chapter 51 and Texas Labor Code, Chapter 91.

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 August 11, 2003.

TRD-200305034

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Effective date: September 1, 2003

Proposal publication date: July 11, 2003

For further information, please call: (512) 463-7348


Chapter 75. AIR CONDITIONING AND REFRIGERATION CONTRACTOR LICENSE LAW

16 TAC §75.80

The Texas Department of Licensing and Regulation ("Department") adopts an amendment to an existing rule at 16 Texas Administrative Code, §75.80 concerning late renewal fees and requirements for the air conditioning and refrigeration contractor program as published in the July 11, 2003, issue of the Texas Register (28 TexReg 5474), without changes, and will not be republished.

The amendment deletes the current fee for late renewals and adds language referring to §60.83 of the Department rules for late renewal requirements and fees.

The amendment is necessary to implement Senate Bill 279, Acts of the 78th Legislature, §1.019, which addresses provisions for establishing late license renewal requirements and fees for Department programs, including the air conditioning and refrigeration contractor program.

The Department drafted and distributed the proposed rule to persons internal and external to the agency. No comments were received.

The amendment is adopted under Senate Bill 279, Acts of the 78th Legislature, Article 1, §1.019 which establishes late renewal fees and requirements and Texas Occupations Code, Chapter 51, §51.201 requires the Commission to adopt rules as necessary to implement this chapter and §51.202 which requires the Commission to set fees for late license renewals.

The statutory provisions affected by the adoption are Texas Occupations Code, Chapter 51 and Texas Occupations Code, Chapter 1302.

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 August 11, 2003.

TRD-200305035

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Effective date: September 1, 2003

Proposal publication date: July 11, 2003

For further information, please call: (512) 463-7348


Chapter 76. WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS

16 TAC §76.204

The Texas Department of Licensing and Regulation ("Department") adopts an amendment to an existing rule at 16 Texas Administrative Code, §76.204 concerning late renewal fees and requirements for the water well drillers and water well pump installers program as published in the July 11, 2003, issue of the Texas Register (28 TexReg 5475), without changes, and will not be republished.

The amendment deletes the current fee for late renewals and adds language referring to §60.83 of the Department rules for late renewal requirements and fees.

The amendment is necessary to implement Senate Bill 279, Acts of the 78th Legislature, §1.019, which addresses provisions for establishing late license renewal requirements and fees for Department programs, including the water well drillers and water well pump installers program.

The Department drafted and distributed the proposed rule to persons internal and external to the agency. No comments were received.

The amendment is adopted under Senate Bill 279, Acts of the 78th Legislature, Article 1, §1.019 which establishes late renewal fees and requirements and Texas Occupations Code, Chapter 51, §51.201 requires the Commission to adopt rules as necessary to implement this chapter and §51.202 which requires the Commission to set fees for late license renewals.

The statutory provisions affected by the adoption are Texas Occupations Code, Chapter 51 and Texas Occupations Code, Chapter 1901 and 1902.

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 August 11, 2003.

TRD-200305036

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Effective date: September 1, 2003

Proposal publication date: July 11, 2003

For further information, please call: (512) 463-7348


Chapter 77. SERVICE CONTRACT PROVIDERS

16 TAC §77.80

The Texas Department of Licensing and Regulation ("Department") adopts an amendment to an existing rule at 16 Texas Administrative Code, §77.80 concerning late renewal fees and requirements for the service contract providers program as published in the July 11, 2003, issue of the Texas Register (28 TexReg 5476), without changes, and will not be republished.

The amendment deletes the current fee for late renewals and adds language referring to §60.83 of the Department rules for late renewal requirements and fees.

The amendment is necessary to implement Senate Bill 279, Acts of the 78th Legislature, §1.019, which addresses provisions for establishing late license renewal requirements and fees for Department programs, including the service contract providers program.

The Department drafted and distributed the proposed rule to persons internal and external to the agency. No comments were received.

The amendment is adopted under Senate Bill 279, Acts of the 78th Legislature, Article 1, §1.019 which establishes late renewal fees and requirements and Texas Occupations Code, Chapter 51, §51.201 requires the Commission to adopt rules as necessary to implement this chapter and §51.202 which requires the Commission to set fees for late license renewals.

The statutory provisions affected by the adoption are Texas Occupations Code, Chapter 51 and Texas Occupations Code, Chapter 1304.

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 August 11, 2003.

TRD-200305037

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Effective date: September 1, 2003

Proposal publication date: July 11, 2003

For further information, please call: (512) 463-7348


Chapter 78. TALENT AGENCIES

16 TAC §78.80

The Texas Department of Licensing and Regulation ("Department") adopts an amendment to an existing rule at 16 Texas Administrative Code, §78.80 concerning late renewal fees and requirements for the talent agencies program as published in the July 11, 2003, issue of the Texas Register (28 TexReg 5476), without changes, and will not be republished.

The amendment deletes the current fee for late renewals and adds language referring to §60.83 of the Department rules for late renewal requirements and fees.

The amendment is necessary to implement Senate Bill 279, Acts of the 78th Legislature, §1.019, which addresses provisions for establishing late license renewal requirements and fees for Department programs, including the talent agencies program.

The Department drafted and distributed the proposed rule to persons internal and external to the agency. No comments were received.

The amendment is adopted under Senate Bill 279, Acts of the 78th Legislature, Article 1, §1.019 which establishes late renewal fees and requirements and Texas Occupations Code, Chapter 51, §51.201 requires the Commission to adopt rules as necessary to implement this chapter and §51.202 which requires the Commission to set fees for late license renewals.

The statutory provisions affected by the adoption are Texas Occupations Code, Chapter 51 and Texas Occupations Code, Chapter 2105.

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 August 11, 2003.

TRD-200305038

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Effective date: September 1, 2003

Proposal publication date: July 11, 2003

For further information, please call: (512) 463-7348


Chapter 79. WEATHER MODIFICATION

16 TAC §79.15

The Texas Department of Licensing and Regulation ("Department") adopts an amendment to an existing rule at 16 Texas Administrative Code, §79.80 concerning late renewal fees and requirements for the weather modification program as published in the July 11, 2003, issue of the Texas Register (28 TexReg 5477), without changes, and will not be republished.

The amendment deletes the current fee for late renewals and adds language referring to §60.83 of the Department rules for late renewal requirements and fees.

The amendment is necessary to implement Senate Bill 279, Acts of the 78th Legislature, §1.019, which addresses provisions for establishing late license renewal requirements and fees for Department programs, including the weather modification program.

The Department drafted and distributed the proposed rule to persons internal and external to the agency. No comments were received.

The amendment is adopted under Senate Bill 279, Acts of the 78th Legislature, Article 1, §1.019 which establishes late renewal fees and requirements and Texas Occupations Code, Chapter 51, §51.201 requires the Commission to adopt rules as necessary to implement this chapter and §51.202 which requires the Commission to set fees for late license renewals.

The statutory provisions affected by the adoption are Texas Occupations Code, Chapter 51 and Texas Civil Statutes, Article 165c.

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 August 11, 2003.

TRD-200305039

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Effective date: September 1, 2003

Proposal publication date: July 11, 2003

For further information, please call: (512) 463-7348


Chapter 80. LICENSED COURT INTERPRETERS

16 TAC §80.25, §80.80

The Texas Department of Licensing and Regulation ("Department") adopts amendments to existing rules at 16 Texas Administrative Code, §§80.25 and 80.80 concerning late renewal fees and requirements for the licensed court interpreters program as published in the July 11, 2003, issue of the Texas Register (28 TexReg 5477), without changes, and will not be republished.

The amendments delete the current fee for late renewals and add language referring to §60.83 of the Department rules for late renewal requirements and fees.

The amendments are necessary to implement Senate Bill 279, Acts of the 78th Legislature, §1.019, which address provisions for establishing late license renewal requirements and fees for Department programs, including the licensed court interpreters program.

The Department drafted and distributed the proposed rule to persons internal and external to the agency. No comments were received.

The amendments are adopted under Senate Bill 279, Acts of the 78th Legislature, Article 1, §1.019 which establish late renewal fees and requirements and Texas Occupations Code, Chapter 51, §51.201 require the Commission to adopt rules as necessary to implement this chapter and §51.202 which require the Commission to set fees for late license renewals.

The statutory provisions affected by the adoption are Texas Occupations Code, Chapter 51 and Texas Government Code, Chapter 57.

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 August 11, 2003.

TRD-200305040

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Effective date: September 1, 2003

Proposal publication date: July 11, 2003

For further information, please call: (512) 463-7348


Part 8. TEXAS RACING COMMISSION

Chapter 303. GENERAL PROVISIONS

Subchapter A. ORGANIZATION OF THE COMMISSION

16 TAC §303.16

The Texas Racing Commission adopts a new rule §303.16, relating to the use of historically underutilized businesses in the purchasing of goods and services by the Commission with appropriated money. The new rule is adopted without changes to the proposal published in the June 13, 2003 issue of the Texas Register (28 TexReg 4502) and the new rule will not be republished.

The rule is adopted to encourage the use of historically underutilized businesses by state agencies.

The Commission is required to adopt the Texas Building and Procurement Commission's rules as its own under Texas Civil Statutes, Government Code, §2161.003, regarding historically underutilized businesses.

No comments were received regarding the adoption of the new rule.

The new rule is adopted under the Texas Civil Statutes, Article 179e, §3.02 which authorizes the Commission to make rules relating exclusively to horse and greyhound racing.

The new rule implements Texas Civil Statutes, Article 179e.

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 August 18, 2003.

TRD-200305273

Nicole Galwardi

General Counsel

Texas Racing Commission

Effective date: September 7, 2003

Proposal publication date: June 13, 2003

For further information, please call: (512) 490-4009


Subchapter D. TEXAS BRED INCENTIVE PROGRAMS

2. PROGRAM FOR HORSES

16 TAC §303.93

The Texas Racing Commission adopts an amendment to §303.93, relating to the payout of Accredited Texas Bred awards by the Texas Quarter Horse Association. The amendment is adopted without changes to the proposal published in the June 13, 2003 issue of the Texas Register (28 TexReg 4502) and the amendment will not be republished.

The amendment is adopted to enhance the efficiency of the payouts of the Accredited Texas Bred awards by the Texas Quarter Horse Association.

The amendment is adopted to allow the Texas Quarter Horse Association to consolidate the Accredited Texas Bred awards into one payout upon completion of the race meet, for race meets less than 18 days.

No comments were received regarding the adoption of the amendment.

The amendment is adopted under the Texas Civil Statutes, Article 179e, §3.02 which authorizes the Commission to make rules relating exclusively to horse and greyhound racing; and §6.08 which authorizes the Commission to adopt rules relating to the accounting, audit, and distribution of Texas Bred Incentive program funds.

The amendment implements Texas Civil Statutes, Article 179e.

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 August 18, 2003.

TRD-200305272

Nicole Galwardi

General Counsel

Texas Racing Commission

Effective date: September 7, 2003

Proposal publication date: June 13, 2003

For further information, please call: (512) 490-4009


Chapter 315. OFFICIALS AND RULES FOR GREYHOUND RACING

Subchapter A. OFFICIALS

2. DUTIES

16 TAC §315.31

The Texas Racing Commission adopts an amendment to §315.31, relating to the duties of the Racing Judges at weigh-in for greyhounds for each performance. The amendment is adopted without changes to the proposal published in the June 13, 2003, issue of the Texas Register (28 TexReg 4503) and the amendment will not be republished.

The amendment is adopted to increase the efficiency of the regulation of greyhound racing.

The amendment modifies the requirement regarding the number of the Racing Judges who are required to be present on the association grounds not later than the greyhound weigh-in time for each performance, reducing the requirement from two judges to one judge.

No comments were received regarding the adoption of the amendment.

The amendment is adopted under the Texas Civil Statutes, Article 179e, §3.02 which authorizes the Commission to make rules relating exclusively to horse and greyhound racing; and §3.07 which authorizes the Commission to adopt rules specifying the authority and duties of racing officials.

The adopted amendment implements Texas Civil Statutes, Article 179e.

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 August 18, 2003.

TRD-200305274

Nicole Galwardi

General Counsel

Texas Racing Commission

Effective date: September 7, 2003

Proposal publication date: June 13, 2003

For further information, please call: (512) 490-4009