TITLE 22.EXAMINING BOARDS

Part 17. TEXAS STATE BOARD OF PLUMBING EXAMINERS

Chapter 361. ADMINISTRATION

Subchapter A. GENERAL PROVISIONS

22 TAC §361.6

The Texas State Board of Plumbing Examiners proposes amendments to §361.6, which specifies certain fees charged by the Board, including the fees for renewal of Plumbing Inspector Licenses, Tradesman Plumber-Limited Licenses, Plumber's Apprentice Registration, Residential Utilities Installer Registration, Drain Cleaner Registration and Drain Cleaner-Restricted Registration. This section also includes the renewal fees for the two combined license categories of "Plumbing Inspector with a Master Plumber or Journeyman Plumber License" and Master Plumber with a Journeyman Plumber License."

The proposed amendments to §361.6 are in compliance with Senate Bill 187 (77th Legislature) which established the Texas Online Authority and Senate Bill 645 (77th Legislature) which requires state occupational licensing agencies, including the Texas State Board of Plumbing Examiners, to raise license and endorsement fees to pay for the development and use of "Texas Online", a state web site for electronic occupational license transactions. The Texas Online Authority has advised the Board that the online renewal of these licenses and registrations will be implemented by September 1, 2003. The Texas Online Authority is requiring the Board to begin collecting the additional fees on September 1, 2003. The annual license and registration renewal fees that were set by the Texas Online Authority are:

Master Plumber License combined with a Journeyman Plumber License renewal fee to increase by $5 (from $175 to $180) Plumbing Inspector License renewal fee to increase by $5 (from $50 to $55.) Plumbing Inspector License combined with a Master or Journeyman Plumber License renewal fee to increase by $5 (from $50 to $55.) Tradesman Plumber-Limited License renewal fee to increase by $2 (from $25 to $27.) Plumber's Apprentice Registration renewal fee to increase by $2 (from $10 to $12) Residential Utilities Installer Registration renewal fee to increase by $2 (from $10 to $12) Drain Cleaner Registration renewal fee to increase by $2 (from $10 to $12) Drain Cleaner-Restricted Registration renewal fee to increase by $2 (from $10 to $12)

Robert L. Maxwell, Administrator of the Texas State Board of Plumbing Examiners, has determined that there will be a fiscal impact for persons required to comply with these rule amendments. For the first five-year period that the rules are in effect, persons who renew the following licenses or endorsements will pay increased fees in the following amounts:

Master Plumber License combined with a Journeyman Plumber License $25

Plumbing Inspector License $25

Plumbing Inspector License combined with a Master or Journeyman Plumber License $25

Tradesman Plumber-Limited License $10

Plumber's Apprentice Registration $10

Residential Utilities Installer Registration $10

Drain Cleaner Registration $10

Drain Cleaner-Restricted Registration $10

Mr. Maxwell has also determined that each year of the first five years the rules are in effect there should be no fiscal impact on state government if the Texas State Board of Plumbing Examiners is funded by the 78th Legislature in the same or similar manner that the agency was funded by the 77th Legislature to pay the Texas Online Fees to the Department of Information Resources. If the agency is not funded by the 78th Legislature to pay the additional fees to the Department of Information Resources in the same manner as it currently is funded, the adoption of the rule will have a significant impact on the agency. Final adoption of this proposed rule and implementation of the online renewal of the license and registration fees is contingent upon the agency being funded to pay the fees to the Department of Information Resources, in the same manner that it currently is funded for this purpose.

Mr. Maxwell has also determined that each year of the first five years the rules are in effect there should be no mandated fiscal impact on local government as well as small businesses. Any local governments or small businesses that choose to pay the renewal fees for any of their employees who hold a license or registration will be impacted by the amount of the fee increases. Neither local governments nor small business are required by state law or this rule to pay for the renewal licenses of their employees. The public benefit anticipated as a result of enforcing these rules will be the ability for individuals to renew the licenses and registrations described above using the Internet and paying with a credit card. The Board will also expend fewer resources processing renewals, which will allow the Board to use the saved resources to provide better customer service to the public and all of its licensees and registrants.

Comments on the proposed rule changes may be submitted within 30 days of publication of these proposed rule amendments in the Texas Register , to Robert L. Maxwell, Administrator, Texas State Board of Plumbing Examiners, 929 East 41st Street, P.O. Box 4200, Austin, Texas 78765-4200.

The amendments are proposed under and affect Texas Revised Civil Statutes Annotated Article 6243-101 ("Act"), §5(a), Senate Bill 187 (77th Legislature), Senate Bill 645 (77th Legislature) and the rule it amends. §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. Senate Bill 187 (77th Legislature) which established the Texas Online Authority and Senate Bill 645 (77th Legislature) which requires state occupational licensing agencies, including the Texas State Board of Plumbing Examiners, to raise license and endorsement fees to pay for the development and use of "Texas Online", a state web site for electronic occupational license transactions.

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

§361.6.Fees.

(a) The Board has established the following fees:

(1) Licenses, Endorsements and Registrations

(A) Master Plumber license--$175;

(B) Journeyman Plumber license--$25;

(C) Medical gas installation endorsement (Master)--$50;

(D) Medical gas installation endorsement (Journeyman)--$12;

(E) Plumbing inspector license--$50;

(F) Water supply protection specialist endorsement (Journeyman)--$12;

(G) Water supply protection specialist endorsement (Master)--$50;

(H) Tradesman Plumber-Limited License--$25;

(I) Plumber's Apprentice Registration/Application--$10;

(J) Residential Utilities Installer Registration/Application--$10;

(K) Drain Cleaner Registration/Application --$10;

(L) Drain Cleaner-Restricted Registration/Application--$10.

(2) Examinations

(A) Master Plumber examination--$150;

(B) Journeyman Plumber examination--$25;

(C) Medical gas installation endorsement (Master)--$75;

(D) Medical gas installation endorsement (Journeyman)--$25;

(E) Plumbing inspector examination--$50;

(F) Water supply protection specialist endorsement (Journeyman)--$25;

(G) Water supply protection specialist endorsement (Master)--$75;

(H) Tradesman Plumber-Limited Licensee--$25.

(3) Renewals

(A) Master Plumber license--$180;

(B) Journeyman Plumber license--$27;

(C) Medical gas installation endorsement (Master)--$55;

(D) Medical gas installation endorsement (Journeyman)--$14;

(E) Plumbing inspector license-- $55; [ $50; ]

(F) Water supply protection specialist endorsement (Journeyman)--$14;

(G) Water supply protection specialist endorsement (Master)--$55;

(H) Plumbing Inspector with a Master and/or Journeyman License-- $55; [ $50; ]

(I) Master Plumber with Journeyman Plumber License-- $180; [ $175; ]

(J) Tradesman Plumber-Limited License-- $27; [ $25; ]

(K) Plumber's Apprentice Registration-- $12; [ $10; ]

(L) Residential Utilities Installer Registration-- $12; [ $10; ]

(M) Drain Cleaner Registration-- $12; [ $10; ]

(N) Drain Cleaner-Restricted Registration-- $12. [ $10. ]

(4) Other fees

(A) Late renewal

(i) Master Plumber :

(I) less than 90 days--one-half examination fee--$75;

(II) more than 90 days--examination fee--$150;

(ii) Medical gas installation endorsement (Master):

(I) less than 90 days--one half examination fee--$37.50;

(II) more than 90 days--examination fee--$75;

(iii) Medical gas installation endorsement (Journeyman):

(I) less than 90 days--one half examination fee--$12.50;

(II) more than 90 days--examination fee--$25;

(iv) Journeyman Plumber :

(I) less than 90 days--one-half examination fee--$12.50;

(II) more than 90 days--examination fee--$25;

(v) Water supply protection specialist (Journeyman):

(I) less than 90 days--one half examination fee--$12.50;

(II) more than 90 days--examination fee--$25;

(vi) Water supply protection specialist (Master):

(I) less than 90 days--one half examination fee--$37.50;

(II) more than 90 days--examination fee--$75;

(vii) Plumbing Inspector:

(I) less than 90 days--one half examination fee--$25;

(II) more than 90 days--examination fee--$50;

(viii) Master Plumber with Journeyman Plumber :

(I) less than 90 days--one half examination fee--$75;

(II) more than 90 days--examination fee--$150;

(ix) Plumbing Inspector with Master and/or Journeyman Plumber :

(I) less than 90 days--one half examination fee--$25;

(II) more than 90 days--examination fee--$50;

(x) Tradesman Plumber-Limited License:

(I) less than 90 days--one half examination fee--$12.50;

(II) more than 90 days--examination fee--$25;

(xi) Plumber's Apprentice Registration:

(I) less than 90 days--one half registration fee--$5;

(II) more than 90 days--registration fee--$10;

(xii) Residential Utilities Installer Registration:

(I) less than 90 days--one half registration fee--$5;

(II) more than 90 days--registration fee--$10;

(xiii) Drain Cleaner Registration:

(I) less than 90 days--one half registration fee--$5;

(II) more than 90 days--registration fee--$10;

(xiv) Drain Cleaner-Restricted Registration:

(I) less than 90 days--one half registration fee--$5;

(II) more than 90 days--registration fee--$10.

(B) Instructor Certification Training (Per Day)--$100.

(C) Duplicate license or registration--$10.

(D) Returned check--$25.

(b) Methods of payment

(1) Examination fees shall be paid in the form of cash, cashiers check, or money order, or, only in the case of the Plumbing Inspector [ Inspector?s ] examination, including, but not limited to a check from a political subdivision.

(2) License, Registration and Endorsement fees shall be paid in the form of cash, cashiers check, personal check (including company check), or money order, or, only in the case of the Plumbing Inspector License, including, but not limited to a check from a political subdivision.

(3) License, Registration and Endorsement renewal fees shall be paid in the form of cash, cashiers check, personal check (including company check), or money order, or, only in the case of the Plumbing Inspector license, including, but not limited to a check from a political subdivision.

(4) An individual shall pay the appropriate fee prior to the time of examination or at the time of examination. For License, Registration, Endorsement, and renewal, the appropriate fee shall be paid prior to issuance of the License, Registration, Endorsement, or renewal.

(5) The board, under any special circumstances it finds appropriate, may:

(A) waive any requirements concerning the method or timing of payment of any fee;

(B) refund any fee; or

(C) waive payment of any fee not required by statute.

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 May 12, 2003.

TRD-200302963

Robert L. Maxwell

Administrator

Texas State Board of Plumbing Examiners

Earliest possible date of adoption: June 22, 2003

For further information, please call: (512) 458-2145