Part 1. TEXAS BOARD OF ARCHITECTURAL EXAMINERS

Chapter 1. ARCHITECTS

Subchapter A. SCOPE; DEFINITIONS

22 TAC §§1.9 - 1.11, 1.13, 1.14

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Board of Architectural Examiners or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Board of Architectural Examiners proposes the repeal of §1.9, pertaining to officers and employees; §1.10, pertaining to committees; §1.11, pertaining to official seal; §1.13, pertaining to Robert's Rules of Order; and §1.14, pertaining to procedure for addressing the board for Title 22, Chapter 1, Subchapter A. The Board is proposing the repeal of these rules because the Board is proposing the creation of other rules that would address the same subjects addressed by these rules in a new Chapter 7 of Title 22, relating to the administration of the agency, procedures relating to the operation of the Board, and the schedule of fees charged for services rendered by the agency.

Cathy L. Hendricks, Executive Director, has determined that for each of the first five years the proposed repeal is in effect, there are expected to be no significant fiscal implications for state or local government as a result of the repeal.

Ms. Hendricks has also determined that for each year of the first five years after the repeal, the public benefits anticipated as a result of the repeal will be to avoid the duplication of these rules in the proposed Title 22, Chapter 7 and to prevent confusion resulting from differences in the repealed rules and the proposed new rules. The repeal is not expected to impact small business significantly. No significant economic cost to persons affected by the repeal is expected as a result of the repeal.

Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.

The repeal is proposed pursuant to Section 1051.202 of Tex. Occupations Code Annotated ch. 1051 which grants to the Board general authority to adopt rules as needed to administer the laws under the Board's jurisdiction.

The proposed repeal does not affect any other statutes.

§1.9.Officers and Employees.

§1.10.Committees.

§1.11.Official Seal.

§1.13.Robert's Rules of Order.

§1.14.Procedure for Addressing the Board.

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 June 25, 2004.

TRD-200404244

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Earliest possible date of adoption: August 8, 2004

For further information, please call: (512) 305-8535

22 TAC §1.81

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Board of Architectural Examiners or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Board of Architectural Examiners proposes the repeal of §1.81, pertaining to fees for Title 22, Chapter 1, Subchapter E. The Board is proposing the repeal of this rule because the Board is proposing the adoption of an identical rule within a new Chapter 7 the Board is proposing, which would include current and new rules relating to agency administration and Board procedures.

Cathy L. Hendricks, Executive Director, has determined that for each of the first five years the proposed repeal is in effect, there are expected to be no significant fiscal implications for state or local government as a result of the repeal.

Ms. Hendricks has also determined that for each year of the first five years after the repeal, the public benefits anticipated as a result of the repeal will be the elimination of duplicative rules. The fee rule will be located in one chapter relating to the administration and management of the agency instead of identical fee rules appearing in three separate chapters relating to the regulation of architecture, landscape architecture, and interior design, under the current compilation of the rules. The repeal is not expected to impact small business significantly. No significant economic cost to persons affected by the repeal is expected as a result of the repeal.

Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.

The repeal is proposed pursuant to Section 1051.202 of Tex. Occupations Code Annotated ch. 1051 which grants to the Board general authority to adopt rules as needed to administer the laws under the Board's jurisdiction.

This proposed repeal does not affect any other statutes.

§1.81.General.

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 June 25, 2004.

TRD-200404245

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Earliest possible date of adoption: August 8, 2004

For further information, please call: (512) 305-8535

22 TAC §§3.9 - 3.11, 3.13, 3.14

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Board of Architectural Examiners or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Board of Architectural Examiners proposes the repeal of §3.9, pertaining to officers and employees; §3.10, pertaining to committees; §3.11, pertaining to official seal; §3.13, pertaining to Robert's Rules of Order; and §3.14, pertaining to procedure for addressing the board for Title 22, Chapter 3, Subchapter A. The Board is proposing the repeal of these rules because the Board is proposing the creation of other rules that would address the same subjects addressed by these rules in a new Chapter 7 of Title 22, relating to the administration of the agency, procedures relating to the operation of the Board, and the schedule of fees charged for services rendered by the agency.

Cathy L. Hendricks, Executive Director, has determined that for each of the first five years the proposed repeal is in effect, there are expected to be no significant fiscal implications for state or local government as a result of the repeal.

Ms. Hendricks has also determined that for each year of the first five years after the repeal, the public benefits anticipated as a result of the repeal will be to avoid the duplication of these rules in the proposed Title 22, Chapter 7 and to prevent confusion resulting from differences in the repealed rules and the proposed new rules. The repeal is not expected to impact small business significantly. No significant economic cost to persons affected by the repeal is expected as a result of the repeal.

Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.

The repeal is proposed pursuant to Section 1051.202 of Tex. Occupations Code Annotated ch. 1051 which grants to the Board general authority to adopt rules as needed to administer the laws under the Board's jurisdiction.

This proposed repeal does not affect any other statutes.

§3.9.Officers and Employees.

§3.10.Committees.

§3.11.Official Seal.

§3.13.Robert's Rules of Order.

§3.14.Procedure for Addressing the Board.

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 June 25, 2004.

TRD-200404246

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Earliest possible date of adoption: August 8, 2004

For further information, please call: (512) 305-8535

22 TAC §3.42

The Texas Board of Architectural Examiners proposes an amendment to §3.42, pertaining to the administration and scoring of the landscape architect registration examination for Title 22, Chapter 3, Subchapter C. The proposed amendment is to conform the rule to changes made by the examination provider in the scheduling of the examination and the manner in which the examination is to be administered. The rule currently states that the examination will be administered by the Board twice annually. Under the Board's contract with the Council of Landscape Architectural Registration Boards, the organization that sells the examination to the Board, the entire examination will no longer be administered twice per year. Pursuant to the contract, the Board will administer one portion of the examination twice per year and the Council, under contract with the Board, will administer a multiple choice portion of the examination via computer on a separate date at test centers. Under the contract, a candidate will have the option of selecting one of several dates to sit for the multiple choice portion of the examination. The proposed amendment to the rule would delete deadlines applicable to the former procedures for administering the examination. Pursuant to the proposed amendment, the deadline for applying to take a portion of the examination would be four months prior to the earliest date upon which the examinee would be able to sit for that portion of the examination. The proposed amendment would delete a requirement that candidates present an identification card that currently is provided to candidates for admission to the examination. The Council will no longer issue the identification cards. The proposed amendment would require the presentation of an official form of identification bearing a recent photograph of the candidate in order for the candidate to gain admission to the examination. The proposed amendment also would delete a provision that allows a candidate to review his or her examination, after receiving the results of the examination. Pursuant to the contract with the examination provider, a portion of the examination will be administered on computers. There will be no copy of that portion of the examination on paper that may be reviewed. It is likely that the entire examination will be administered on computer in the future and that no record of the examination will exist on paper that may be reviewed. Therefore, the proposed amendment would delete the provision for reviewing the examination from the rule.

Cathy L. Hendricks, Executive Director, has determined that for each of the first five years the proposed amendment is in effect, there are expected to be no significant fiscal implications for state or local government as a result of the amendment.

Ms. Hendricks has also determined that for each year of the first five years after the proposed amendment, the public benefits anticipated as a result of the amendment will be to provide accurate information on the manner in which the examination will be administered pursuant to the Board's contract with the examination provider. In addition, pursuant to the proposed amendment of the rule, the public will benefit from the requirement that the schedule for administering different portions of the examination be posted on the Board's Web site. Without the proposed amendment, the rule would mislead the public in representing that the Board will be administering the examination twice per year. The proposed amendment is not expected to impact small business significantly. No significant economic cost to persons affected by the amendment is expected as a result of the amendment.

Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.

The amendment is proposed pursuant to Section 1052.153 of the Tex. Occupations Code Annotated ch. 1052, which requires the Board to prescribe the scope of the examination to receive a certificate of registration as a landscape architect, and to approve the examination, and to administer the examination. The amendment is also proposed pursuant to Section 1051.202 of the Tex. Occupations Code Annotated ch. 1051 which grants to the Board general authority to adopt rules to administer laws enforced by the Board.

This proposed amendment does not affect any other statutes.

§3.42.Examination Administration and Scoring.

(a) An Applicant must apply for landscape architectural registration by examination through CLARB as described in Section 3.23.

(b) An Applicant's application and supporting documentation to take a portion of the LARE must be postmarked or received by the Board no later than four (4) months before the earliest date upon which that portion of the LARE is to be administered. The Board shall publish the examination schedule and the application deadline for each portion of the examination on its Web site. [ The LARE shall be administered by the Board twice annually in June and December. ]

[ (c) In order for an Applicant to take the LARE in June, the Applicant's application and supporting documentation must be postmarked or received by the Board no later than February 1st. In order for an Applicant to take the LARE in December, the Applicant's application and supporting documentation must be postmarked or received by the Board no later than August 15th. If the deadline falls on a date when the Board's office is closed, the application and supporting documentation must be postmarked or received by the Board no later than the next date when the Board's office is open. ]

(c) [ (d) ] A Candidate who is approved to take the LARE must appear personally for examination as directed in the notification letter sent to the Applicant. In order to be admitted for examination, the Candidate must present an [ the candidate's identification card that was mailed to the Candidate prior to the examination date and must present a separate ] official form of identification bearing a recent photograph of the Candidate.

(d) [ (e) ] Each Candidate shall be responsible for taking to the examination all tools necessary to complete the examination.

(e) [ (f) ] An explanation of the scoring procedures for the LARE shall be provided to each Candidate before the examination is administered to the Candidate.

(f) [ (g) ] A Candidate's LARE scores shall be determined by CLARB. The Board shall not review any LARE score to determine its validity.

[ (h) A Candidate may review his/her own examination by requesting review within 14 days of receipt of the results of the examination. The Candidate must complete the review within 20 days of the date the Candidate receives confirmation that the Candidate may review the examination. ]

(g) [ (i) ] If, for any reason, a Candidate takes a section or sections of the LARE but does not receive a score for the section or sections, the Board shall have no liability beyond authorizing the Candidate to retake the section or sections with the corresponding fee waived.

(h) [ (j) ] Each Candidate's examination material shall be retained by CLARB for a period of one year following the date the examination was administered.

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 June 25, 2004.

TRD-200404247

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Earliest possible date of adoption: August 8, 2004

For further information, please call: (512) 305-8535

22 TAC §3.81

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Board of Architectural Examiners or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Board of Architectural Examiners proposes the repeal of §3.81, pertaining to fees for Title 22, Chapter 3, Subchapter E. The Board is proposing the repeal of this rule because the Board is proposing the adoption of an identical rule within a new Chapter 7 the Board is proposing, which would include current and new rules relating to agency administration and Board procedures.

Cathy L. Hendricks, Executive Director, has determined that for each of the first five years the proposed repeal is in effect, there are expected to be no significant fiscal implications for state or local government as a result of the repeal.

Ms. Hendricks has also determined that for each year of the first five years after the repeal, the public benefits anticipated as a result of the repeal will be the elimination of duplicative rules. The fee rule will be located in one chapter relating to the administration and management of the agency instead of identical fee rules appearing in three separate chapters relating to the regulation of architecture, landscape architecture, and interior design, under the current compilation of the rules. The repeal is not expected to impact small business significantly. No significant economic cost to persons affected by the repeal is expected as a result of the repeal.

Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.

The repeal is proposed pursuant to Section 1051.202 of Tex. Occupations Code Annotated ch. 1051 which grants to the Board general authority to adopt rules as needed to administer the laws under the Board's jurisdiction.

This proposed repeal does not affect any other statutes.

§3.81.General.

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 June 25, 2004.

TRD-200404248

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Earliest possible date of adoption: August 8, 2004

For further information, please call: (512) 305-8535

22 TAC §§5.9 - 5.11, 5.13, 5.14

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Board of Architectural Examiners or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Board of Architectural Examiners proposes the repeal of §5.9, pertaining to officers and employees; §5.10, pertaining to committees; §5.11, pertaining to official seal; §5.13, pertaining to Robert's Rules of Order; and §5.14, pertaining to procedure for addressing the board for Title 22, Chapter 5, Subchapter A. The Board is proposing the repeal of these rules because the Board is proposing the creation of other rules that would address the same subjects addressed by these rules in a new Chapter 7 of Title 22, relating to the administration of the agency, procedures relating to the operation of the Board, and the schedule of fees charged for services rendered by the agency.

Cathy L. Hendricks, Executive Director, has determined that for each of the first five years the proposed repeal is in effect, there are expected to be no significant fiscal implications for state or local government as a result of the repeal.

Ms. Hendricks has also determined that for each year of the first five years after the repeal, the public benefits anticipated as a result of the repeal will be to avoid the duplication of these rules in the proposed Title 22, Chapter 7 and to prevent confusion resulting from differences in the repealed rules and the proposed new rules. The repeal is not expected to impact small business significantly. No significant economic cost to persons affected by the repeal is expected as a result of the repeal.

Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.

The repeal is proposed pursuant to Section 1051.202 of Tex. Occupations Code Annotated ch. 1051 which grants to the Board general authority to adopt rules as needed to administer the laws under the Board's jurisdiction.

This proposed repeal does not affect any other statutes.

§5.9.Officers and Employees.

§5.10.Committees.

§5.11.Official Seal.

§5.13.Robert's Rules of Order.

§5.14.Procedure for Addressing the Board.

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 June 25, 2004.

TRD-200404249

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Earliest possible date of adoption: August 8, 2004

For further information, please call: (512) 305-8535

22 TAC §5.91

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Board of Architectural Examiners or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Board of Architectural Examiners proposes the repeal of §5.91, pertaining to fees for Title 22, Chapter 5, Subchapter E. The Board is proposing the repeal of this rule because the Board is proposing the adoption of an identical rule within a new Chapter 7 the Board is proposing, which would include current and new rules relating to agency administration and Board procedures.

Cathy L. Hendricks, Executive Director, has determined that for each of the first five years the proposed repeal is in effect, there are expected to be no significant fiscal implications for state or local government as a result of the repeal.

Ms. Hendricks has also determined that for each year of the first five years after the repeal, the public benefits anticipated as a result of the repeal will be the elimination of duplicative rules. The fee rule will be located in one chapter relating to the administration and management of the agency instead of identical fee rules appearing in three separate chapters relating to the regulation of architecture, landscape architecture, and interior design, under the current compilation of the rules. The repeal is not expected to impact small business significantly. No significant economic cost to persons affected by the repeal is expected as a result of the repeal.

Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.

The repeal is proposed pursuant to Section 1051.202 of Tex. Occupations Code Annotated ch. 1051 which grants to the Board general authority to adopt rules as needed to administer the laws under the Board's jurisdiction.

This proposed repeal does not affect any other statutes.

§5.91.General.

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 June 25, 2004.

TRD-200404250

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Earliest possible date of adoption: August 8, 2004

For further information, please call: (512) 305-8535

22 TAC §§7.1 - 7.10

The Texas Board of Architectural Examiners proposes new §§7.1 - 7.10 under a new Chapter 7 titled "Administration" for Title 22, pertaining to the administration of Board meetings, agency operations, and the schedule of fees imposed for services rendered by the Board. Proposed Chapter 7 includes new rules to replace rules that currently appear in Chapter 1, "Architects," Chapter 3, "Landscape Architects," and Chapter 5, "Interior Designers," of Title 22. These rules do not apply directly to the regulation of architecture, landscape architecture, and interior design in that they address agency operations or the conduct of Board meetings. Proposed Chapter 7 consolidates the rules so that they may be repealed from Chapters 1, 3, and 5. Proposed Chapter 7 also includes new rules that currently do not appear in Chapter 1, Chapter 3, or Chapter 5 to implement legislation enacted by the 78th Legislature, Regular Session. The Texas Board of Architectural Examiners proposes the following new rules for Chapter 7.

Rule 7.1 restates the statutory requirement that the Chairman of the Board be appointed by the Governor, and that the Board shall elect a Vice-Chairman and a Secretary-Treasurer. Rule 7.1 also requires the Board to employ an Executive Director to hire and manage staff at the Board's office. The rule requires the Board to establish an annual budget and to follow the rules of the Texas Building and Procurement Commission relating to Historically Underutilized Businesses. Rule 7.1 includes the substance of current Rules 1.9, 3.9, and 5.9 which will be repealed.

Rule 7.2 implements a policy to separate the responsibilities of the Board from the responsibilities of the Executive Director and staff of the Board. Rule 7.2 specifies that the Board's policymaking responsibilities include adopting rules, disciplining persons registered by the Board, and exercising other powers delegated by the Legislature. Rule 7.2 lists the management responsibilities of the Executive Director and the staff of the Board, including the Executive Director's responsibility for employing and managing staff, fulfilling the administrative requirements of agency regulations, issuing subpoenas as part of investigations, and procuring services and materials as required to manage the agency. Rule 7.2 does not include the substance of any pre-existing rule.

Rule 7.3 allows the Chairman of the Board to appoint committees of the Board necessary to conduct the business of the Board. Rule 7.3 is identical to current Rules 1.10, 3.10, and 5.10 which will be repealed.

Rule 7.4 adopts an official seal of the Board and would describe the official seal. Rule 7.4 includes the substance of Rules 1.11, 3.11, and 5.11 but also includes a more detailed description of the seal. Rules 1.11, 3.11, and 5.11 will be repealed and replaced by Rule 7..

Rule 7.5 requires the Board to use Robert's Rules of Order in conducting meetings of the Board, except where the law requires otherwise. Rule 7.5 is identical to current Rules 1.13, 3.13, and 5.13, which will be repealed and replaced by Rule 7.5.

Rule 7.6 specifies procedures for addressing the board. Rule 7.6 requires the Board to include "Public Comment" as a topic on the agenda for each Board meeting. The rule limits each presentation by a member of the public to five minutes unless the Board extends the period for the presentation. The rule limits the Board's responses to, and deliberations upon, inquiries on matters not on the agenda in accordance with the Texas Open Meetings Act. Rule 7.6 is identical to current Rules 1.14, 3.14, and 5.14 which will be repealed and replaced by Rule 7.6.

Rule 7.7 implements procedures for the Board to engage in negotiated rulemaking pursuant to a requirement enacted by the 78th Legislature, Regular Session. Rule 7.7 specifies the procedure for a person to petition the Board to adopt a new rule or to amend an existing Rule. The Rule allows the Board to utilize the methods specified in Chapter 2008, Texas Government Code, for negotiating the substance of a rule. The Rule prohibits the Board from negotiating a rule that is outside the statutory authority of the Board. The substance of Rule 7.7 does not exist in a current rule.

Rule 7.8 implements a policy that encourages the use of alternative dispute resolution procedures for early resolution and settlement of the Board's disciplinary cases and internal personnel disputes, pursuant to a requirement enacted by the 78th Legislature, Regular Session. Rule 7.8 requires the Executive Director to designate at least one employee to serve as the alternative dispute resolution coordinator and specifies the role of the coordinator. Rule 7.8 also allows any party to a dispute to request resolution through any manner specified Chapter 154 of Tex. Civil Practices and Remedies Code Annotated relating to alternative dispute resolution in civil actions. The Rule allows for the allocation of the costs of alternative dispute resolution. Under the Rule, any agreement that purports to bind the Board would be subject to the approval of the Board at a meeting subject to the Texas Open Meetings Act. The Rule clarifies that any records arising from alternative dispute resolution would be subject to the Texas Public Information Act.

Rule 7.9 implements a procedure for contractors and prospective contractors who seek to contract with the agency to protest procurement decisions made by the agency. The Board is required to adopt a procurement protest procedure that is modeled upon the protest procedure adopted by the Texas Building and Procurement Commission, pursuant to Section 2155.076 of Tex. Government Code Annotated ch. 2155. Under the procedure, a protesting contractor or prospective contractor may file a protest with the procurement director, may appeal the procurement director's decision to the Executive Director, and may appeal the Executive Director's determination to the Board. The Board's decision is the final action on the protest. The agency will be required to cease the procurement process upon the timely filing of the protest, unless the Executive Director determines in writing that the procurement without delay is in the best interests of the state. The Rule specifies the deadline for filing the protest, the parties who must be issued notice of the protest, and the contents of the written protest.

Rule 7.10 specifies a schedule of fees for various services rendered by the Board. Rule 7.10 and all the fees listed in the rule are identical to current Rules 1.81, 3.81, and 5.91, which will be repealed and replace by Rule 7.10.

Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, has determined that for the first five-year period the new rules are in effect, there will be no fiscal impact on state or local government as a result of enforcing or administering these rules as proposed. Most of the rules to be adopted in Chapter 7 are already in effect. The new rules regarding negotiated rulemaking, alternative dispute resolution, and protests by contractors are mandated by statutes which were determined to have no significant fiscal impact. Therefore, the rules, as proposed, will have no significant fiscal impact.

Cathy L. Hendricks, Executive Director, Texas Board of Architectural Examiners, has determined that for the first five-year period the new rules are in effect the public benefits expected as a result of the new rules are as follows: by repealing rules that are currently in three separate chapters and consolidating them in one new chapter, the rules should be easier to access. Furthermore, the current three chapters will be shorter and easier to use. By specifying the procedures for engaging in negotiated rulemaking and alternative dispute resolution, there would be a public benefit in having greater input in the substance of the Board's rules and in reaching a resolution of disputes in a more efficient, less costly manner. There is no anticipated economic cost to parties arising from Rule 7.8 because the use of alternative dispute resolution methods is voluntary and the distribution of costs would be subject to agreement with the agency. There may be a minor cost to persons, including small businesses and micro-businesses, who are contractors required to follow Rule 7.9 to protest a procurement decision made by the agency. There may also be cost to contractors whose contract award is delayed pending the outcome of such a protest. However, in the absence of the procedures outlined in the rule, a protest by a prospective contractor would also delay a contract award. The delay under such circumstances would likely be longer if specific procedures for resolving the complaint were not in place. Therefore, the cost, if any, to persons required to follow the rule are not attributable to the rule because a procurement protest would delay the award of the contract regardless of whether protest procedures outlined in the rule existed.

Comments may be submitted to Cathy L. Hendricks, ASID/IIDA, Executive Director, Texas Board of Architectural Examiners, P.O. Box 12337, Austin, TX 78711-2337.

New Rule 7.1 is proposed pursuant to Section 1051.107 of Tex. Occupations Code Annotated ch. 1051, which provides that the Governor shall designate a member of the Board to serve as the presiding officer and that the Board shall elect an assistant presiding officer and a secretary-treasurer; Section 6(a) of Article 8930 of Tex. Civil Statutes Annotated which requires the Board to adopt an annual budget; and Section 2161.003 of Tex. Government Code Annotated which requires the agency to adopt the rules of the Texas Building and Procurement Commission regarding Historically Underutilized Businesses as its own rules. New Rule 7.2 is proposed pursuant to Section 1051.153 of Tex. Occupations Code Annotated ch. 1051 which requires the Board to develop and implement a policy separating the policymaking functions of the Board from the management functions of the Board's staff. New Rule 7.3 is proposed pursuant to Section 1051.202 of Tex. Occupations Code Annotated ch. 1051 which provides the Board with general authority to adopt rules necessary to the administration of its statutory responsibilities. New Rule 7.4 is proposed pursuant to Section 1051.206 of Tex. Occupations Code Annotated ch. 1051 which requires the Board to adopt an official seal for use on official documents and specifies certain mandatory details of the seal. New Rule 7.5 is adopted pursuant to Section 1051.202 of Tex. Occupations Code Annotated ch. 1051 with provides the Board with general authority to adopt rules necessary to the administration of its statutory duties. New Rule 7.6 is proposed pursuant to Section 1051.254 of Tex. Occupations Code Annotated ch. 1051, which requires the Board to develop and implement policies that provide the public a reasonable opportunity to appear before the Board and speak on any issue under the Board's jurisdiction; and under Section 551.042 of Tex. Government Code Annotated ch. 551, which allows a person to petition the Board for the adoption of rules. New Rule 7.7 is proposed pursuant to Section 1051.211(a)(1) of Tex. Occupations Code Annotated ch. 1051, which requires the Board to implement a policy to encourage the use of negotiated rulemaking in the adoption of Board rules. New Rule 7.8 is adopted pursuant to Section 1051.211(a)(2), (b), and (c) of Tex. Occupations Code Annotated ch. 1051, which requires the Board to implement a policy to encourage the use of alternative dispute resolution procedures to assist in the resolution of internal and external disputes under the Board's jurisdiction; to conform to the extent possible to certain guidelines; and to appoint an alternative dispute resolution coordinator. New Rule 7.9 is adopted pursuant to Section 2155.076 of Tex. Government Code Annotated ch. 2155, which requires the Board to adopt procedures for contractors and other interested parties to protest a procurement decision made by the Board. New Rule 7.10 is proposed pursuant to Sections 1051.351, 1051.351, 1051.354, 1051.355, 1051.357, 1051.403, 1051.651, 1051.652, 1052.054, 1051.0541, 1053.052, and 1053.0521 of Tex. Occupations Code Annotated ch. 1051, ch. 1052, and ch. 1053, which allows the Board to charge a fee for the annual renewal of registrations of architects, landscape architects, and interior designers; provides an exemption from the fee for military personnel on active duty; allows the Board to charge an annual renewal fee for a registration on inactive status and an administrative fee to reactivate an inactive registration; allows the Board to charge a fee to architects whose registration is on emeritus status; allows the Board to charge a fee for reinstatement of registration after its denial, revocation, or suspension; allows the Board to charge a fee to architects to fund architectural examination fee scholarships; and allows the Board to set a fee for a Board action involving an administrative expense in an amount that is reasonable and necessary to cover the cost of the administrative expense. The new rules are also proposed pursuant to Section [1051.202] of Tex. Occupations Code Annotated ch. [1051], which provides the Board with general authority to promulgate rules necessary to the administration of its statutory responsibilities.

The proposed new rules do not affect any other statutes.

§7.1.Officers and Employees.

(a) As prescribed by law, the Governor shall appoint a Chairman, and the Board, appointed by the Governor, shall elect a Vice-Chairman and a Secretary-Treasurer. The Chairman shall hold office until replaced by the Governor. The Vice-Chairman and Secretary-Treasurer shall hold office until their successors have been elected.

(b) The Board shall employ an executive director to conduct the affairs of the Board under the Board's direction. The executive director shall be responsible for hiring and managing additional staff as necessary to sustain the daily operations of the Board's office.

(c) The Board shall be responsible for establishing an annual budget to govern the expenditure of funds received by the Board. All expenditures must comply with applicable statutory provisions and rules, including the most recently adopted rules of the Texas Building and Procurement Commission relating to Historically Underutilized Businesses.

§7.2.Division of Responsibilities.

(a) It is the Board's policy to maintain separation between the policymaking responsibilities of the Board and the management responsibilities of the executive director and the staff of the Board.

(b) The Board has the duty to exercise the legal authority delegated to it by the Legislature. The Board's responsibilities are limited to:

(1) the adoption of rules interpreting and implementing the Board's enabling legislation and other statutes that vests legislative authority in the Board;

(2) disciplining Registrants according to statute;

(3) imposing administrative penalties on unregistered persons pursuant to law;

(4) bringing an action to enjoin a violation of the laws and rules enforced by the Board or to enforce a subpoena issued by the executive director;

(5) addressing issues that relate to regulation of the professions under the Board's jurisdiction; and

(6) employing an executive director, evaluating the performance of the executive director, and setting compensation for the executive director.

(c) The executive director and the staff of the Board are responsible for carrying out the Board's direction and the ministerial functions in implementing and enforcing the law. The responsibilities of the executive director are limited to:

(1) employing, directing, evaluating the performance of, and setting compensation for the staff;

(2) directing the administrative functions in regulating the professions under the Board's jurisdiction, including the processing of applications for registration by the Board, monitoring of continuing education of Registrants, investigating alleged violations of the law enforced by the Board, recommending enforcement action to the Board, receiving and accounting for administrative fees and penalties, and all other management responsibilities;

(3) issuing subpoenas to compel the production of information relevant to the investigation of an alleged violation of the laws enforced by the Board;

(4) contracting for services and materials necessary to fulfill the requirements of the law as implemented by the Board; and

(5) providing administrative support and information to the Board as required for the Board to fulfill its policymaking responsibilities.

§7.3.Committees.

The Chairman may appoint members of the Board to serve on committees as necessary to conduct the business of the Board.

§7.4.Official Seal.

The Board's official seal includes a border of two concentric circles around a five-pointed star, the outer circle resembling a rope and the inner circle resembling a chain. The words "Texas Board of Architectural Examiners" shall appear within the border between the two circles.

§7.5.Robert's Rules of Order.

Unless required otherwise by law or this chapter, Robert's Rules of Order shall be used in the conduct of the Board's meetings.

§7.6.Procedures for Addressing the Board.

(a) The Board shall include "public comment" as a topic on the agenda for each regularly scheduled meeting of the Board.

(b) During the "public comment" portion of a meeting, any member of the public may address the Board regarding any subject related to the business of the Board. Each member of the public shall be allotted five (5) minutes to make a presentation to the Board. The five-minute period may be extended at the Board's discretion.

(c) Pursuant to Chapter 551, Texas Government Code, relating to open meetings, the Board may respond to an inquiry regarding a subject not listed on the agenda only with:

(1) a statement of specific factual information in response to the inquiry; or

(2) a recitation of existing policy in response to the inquiry.

(d) Except as allowed by subsection (c) of this section, any deliberation of or decision about a subject not listed on the agenda shall be limited to a proposal to place the subject on the agenda for a subsequent meeting.

§7.7.Negotiated Rulemaking.

(a) It is the policy of the Board to encourage public input and negotiation in the Board's rulemaking process.

(b) A petition to initiate a rulemaking proceeding pursuant to §2001.021, Government Code, must be submitted to the Board's offices in writing. A petition must include:

(1) a brief explanation of the proposed rule;

(2) the full text of the proposed rule, and, if the petition is to modify an existing rule, the text of the proposed rule prepared in the same manner as an amendment to legislation that clearly identifies any words to be added or deleted from the existing text by underscoring added words and striking through words to be deleted;

(3) a concise explanation of the legal authority to adopt the proposed rule, including a specific reference to the particular statute or other authority that authorizes it;

(4) an explanation of how the proposed rule would protect life, health, property, and public welfare within the jurisdiction of the Board;

(5) all available data or information showing a need for the proposed rule; and

(6) such other information that the Board or the staff of the Board may request.

(c) The Board may initiate a negotiated rulemaking process pursuant to Chapter 2008, Government Code, upon:

(1) the filing of a petition to initiate the rulemaking proceeding under subsection (b) of this section;

(2) the filing of a petition to initiate negotiated rulemaking proceeding with regard to a rule that has been proposed by the Board; or

(3) a determination by the Board that negotiated rulemaking would be beneficial to the Board's consideration of a proposed rule.

(d) The Board may select any method of negotiation specified in Chapter 2008, Government Code, including the appointment of a convener, a negotiated rule-making committee, and a facilitator. The Chairman shall make all appointments involved in the negotiated rule-making process.

(e) The Board may adopt, amend, or refuse to adopt a rule created through the negotiated rulemaking process. The Board may not adopt any rule or any provision within a rule that the Board has no legal authority to adopt.

§7.8.Alternative Dispute Resolution.

(a) It is the Board's policy to encourage the resolution and early settlement of all disputed matters, internal and external, through voluntary settlement procedures.

(b) The executive director shall designate at least one employee of the Board to serve as the Board's alternative dispute resolution coordinator to:

(1) coordinate the implementation of the Board's alternative dispute resolution policies;

(2) serve as a resource for any training needed to implement the procedures for negotiated rule-making or alternative dispute resolution; and

(3) collect data concerning the effectiveness of these procedures, as implemented by the Board.

(c) The Board, a respondent, the executive director, or any other party involved in an internal or external disputed matter may request that the matter be resolved through any manner of alternative dispute resolution specified in Chapter 154, Civil Practice and Remedies Code, including mediation, arbitration, and moderated settlement conferences, or through the appointment of an ombudsman.

(d) The allocation of the costs of alternative dispute resolution is subject to negotiation and agreement between the parties. The party who requests alternative dispute resolution may be liable for the cost of any third-party mediator, moderator, arbitrator, or ombudsman and shall otherwise bear her or his own cost arising from alternative dispute resolution.

(e) Any resolution reached as a result of an alternative dispute resolution procedure is intended to be through the voluntary agreement of the parties. Any resolution that purports to bind the Board must be approved by the Board at a meeting subject to the Texas Open Meetings Act, Chapter 551, Government Code.

(f) The Board is subject to the Texas Public Information Act, Chapter 552, Government Code. Any written record, communication, or other material is confidential only to the extent provided by law and subject to the exemptions provided in that Act.

§7.9.Procurement--Protests/Dispute Resolution/Hearing.

(a) An actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation, evaluation, or award of a contract by the Board may file a formal protest with the Board's procurement director. A formal protest must be in writing and received by the procurement director within ten (10) business days after the aggrieved person knows or should have known of the occurrence of the action which is protested. The aggrieved person may mail or deliver copies of the protest to all vendors who have submitted bids or proposals for the contract at issue.

(b) In the event of a timely protest or appeal filed pursuant to this section, the Board may not proceed further with the solicitation or with the award of the contract unless the executive director, after consultation with the procurement director, makes a written determination that the award of contract without delay is necessary to protect the best interests of the state.

(c) A formal protest must be sworn and include:

(1) an identification of the specific statutory or regulatory provision(s) that the action complained of is alleged to have violated;

(2) a specific description of each act alleged to have violated the statutory or regulatory provision(s) identified in paragraph (1) of this subsection;

(3) a precise statement of relevant facts;

(4) an identification of the issues to be resolved;

(5) argument and authorities in support of the protest; and

(6) a notation stating whether copies of the protest have been mailed or delivered to all other vendors who have submitted bids or proposals for the contract at issue.

(d) The procurement director is authorized, prior to appeal to the executive director, to settle and resolve the dispute concerning the solicitation or the award of a contract. The procurement director may solicit responses to the protest from other interested parties.

(e) If the protest is not resolved by mutual agreement, the procurement director shall issue a written determination of the protest.

(f) The procurement director shall send written notice of the determination of the protest to the aggrieved party and to other vendors who submitted bids or proposals for the contract. The procurement director's determination shall set out the reasons for the determination and appropriate remedial action, if any, which may include ordering the contract at issue in the protest void. The procurement director shall confer with the Board's general counsel prior to issuing a written determination of a protest.

(g) The protesting party may appeal the procurement director's determination of the protest to the executive director of the Board. The appeal must be written and received in the executive director's office no later than ten (10) business days after the date of the procurement director's determination. The appeal shall be limited to a review of the determination. The protesting party may mail or deliver copies of the appeal to each other vendor who submitted bids or proposals on the contract at issue. If applicable, the appeal must include a certified statement that copies have been sent to the other vendors.

(h) The executive director may confer with general counsel in reviewing the appeal of the protest. The executive director may:

(1) issue a written decision on the protest, or

(2) refer the appeal to the Board for resolution.

(i) If the executive director refers the appeal to the Board, a copy of the appeal, the procurement director's determination of the appeal, and copies of statements or correspondence, if any, from other vendors must be submitted to the Board. The Board may issue a final order on any appeal referred to the Board.

(j) A written decision issued by either the Board or the executive director shall be the final administrative action of the Board.

(k) Protests and appeals that are not timely filed will not be considered, unless good cause is established or the procurement director determines that the protest or appeal raises issues significant to the agency's procurement practices or procedures.

§7.10.Fees--General.

(a) In addition to any fees established elsewhere in these rules, by the Act, or by another provision of Texas law, the following fees shall apply to services provided by the Board:

Figure: 22 TAC §7.10(a)

(b) The Board cannot accept cash as payment for any fee.

(c) An official postmark from the U.S. Postal Service may be presented to the Board to demonstrate the timely payment of any fee.

(d) If a check is submitted to the Board to pay a fee and the bank upon which the check is drawn refuses to pay the check, the fee shall be considered unpaid and any applicable late fees shall accrue. The Board shall impose a processing fee for any check that is returned unpaid by the bank upon which the check is drawn.

(e) A Registrant who is in Good Standing or was in Good Standing at the time the Registrant entered into military service shall be exempt from the payment of any fee during any period of active duty service in the U. S. military. The exemption under this subsection shall continue through the remainder of the fiscal year during which the Registrant's active duty status expires.

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 June 25, 2004.

TRD-200404243

Cathy L. Hendricks, ASID/IIDA

Executive Director

Texas Board of Architectural Examiners

Earliest possible date of adoption: August 8, 2004

For further information, please call: (512) 305-8535

Chapter 89. GENERAL RULES AND REGULATIONS

22 TAC §89.5

The Texas Cosmetology Commission proposes an amendment to §89.5 concerning License Fees. The proposed amendment will increase the original independent contractor license fee by $2, the renewal fee for the independent contractor license by $2, the original salon license fee by $6 and the renewal fee for the salon license by $4 in order to pay for Texas Online Service.

Ms. Antoinette Humphrey, Executive Director, Texas Cosmetology Commission, has determined for the first five-year period the rule is in effect, there will be no fiscal implications for state or local government as a result of the increased fees.

Ms. Humphrey has also determined that for each year of the first five years this fee is in effect, the public benefit anticipated will be to allow licensees and salon owners to renew online. The cost to small businesses and independent contractors will be limited to the increased fees listed above.

Comments on these proposed rules may be submitted to Mr. Virgil Seals, Texas Cosmetology Commission, P.O. Box 26700, Austin, Texas 78755-0700. Comments may also be submitted electronically to virgil.seals@txcc.state.tx.us or faxed to (512) 454-0339.

The amended sections are proposed under Texas Occupations Code, Chapter 1602, §1602.151, which provides the commission with the authority to "adopt rules consistent with this chapter."

§89.5.License Fees.

(a) The fees pertain to the following licensees at all times:

(1) Individual Licenses: $53

(2) Instructor Licenses: $70

(3) Salon Licenses: [ $65 ]

(A) Original: $106

(B) Renewal: $69

(4) Independent Contractor: [ $65 ]

(A) Original: $67

(B) Renewal: $67

(5) School Licenses (initial) $500 School Licenses (renewal) $200

(b) The fee to issue a duplicate license for all licensees and establishments is $53.

[(c) All licensees are required to submit a health certificate, not more than one year old, in addition to the proper renewal fee.]

(c) [ (d) ] All licensees other than salons or private beauty culture, vocational cosmetology, and post secondary schools must notify the commission not later than thirty (30) days following any change of address. The commission may send all notices on other information required by The Cosmetology Act or any commission rule to any licensee's last known address on file with the commission.

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 June 29, 2004.

TRD-200404288

Antoinette Humphrey

Executive Director

Texas Cosmetology Commission

Earliest possible date of adoption: August 8, 2004

For further information, please call: (512) 380-7644

22 TAC §89.72

The Texas Cosmetology Commission proposes amendments to §89.72(3) concerning Curriculum Posted. The commission proposes to increase the required Facial Specialist Curriculum hours from 600 to 750.

Ms. Antoinette Humphrey, Executive Director, Texas Cosmetology Commission, has determined for the first five-year period the rule is in effect, there will be no fiscal implications for state or local government as a result of the increased hours.

Ms. Humphrey has also determined that for each year of the first five years the hours are increased, the public benefit anticipated will be to increase the standards for facial estheticians. The cost to small businesses and independent contractors will be limited to the increased fees listed above.

Comments on these proposed rules may be submitted to Mr. Virgil Seals, Texas Cosmetology Commission, P.O. Box 26700, Austin, Texas 78755-0700. Comments may also be submitted electronically to virgil.seals@txcc.state.tx.us or faxed to (512) 374-1564.

The amended sections are proposed under Texas Occupations Code, Chapter 1602, 1602.151, which provides the commission with the authority to "adopt rules consistent with this chapter."

§89.72.Curriculum Posted.

The curriculum listed has been established by the Texas Cosmetology Commission and must be followed by all cosmetology schools. The curriculum shall be posted in a conspicuous place in the school. A current syllabus and lesson plans for each course shall be maintained by the school and be available for inspection. Operator Curriculum:

(1) - (2) (No change.)

(3) Facial specialist curriculum (total 750 [ 600 ] hours):

(A) orientation and T.C.C. Rules and Regulations 50 [ 25 ] hours;

(B) sanitation, safety, and first aid 40 [ 25 ] hours;

(C) anatomy and physiology 90 hours;

(D) chemistry 50 [ 20 ] hours;

(E) electricity, machines, and related equipment 75 [ 60 ] hours;

(F) care of client 50 [ 15 ] hours;

(G) facial treatment (cleansing, masking, therapy) 225 [ 200 ] hours;

(H) superfluous hair removal 25 [ 20 ] hours;

(I) aroma therapy 15 hours;

(J) nutrition 10 hours;

(K) color psychology 10 hours;

(L) makeup 75 hours;

(M) management 35 hours.

(4) - (9) (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 June 28, 2004.

TRD-200404262

Antoinette Humphrey

Executive Director

Texas Cosmetology Commission

Earliest possible date of adoption: August 8, 2004

For further information, please call: (512) 380-7644

Chapter 421. DEFINITIONS

22 TAC §421.1

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Department of Public Safety or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Department of Public Safety proposes the repeal of Title 22, Examining Boards, Part 20, Texas Commission on Private Security, Chapter 421, §421.1, concerning Definitions. The repeal is proposed simultaneously with the proposal of new Chapter 35 to Texas Administrative Code, Title 37, Part 1. The repeal of the rules is necessary in order to implement the transfer of administration of the Texas Private Security Board to the Department of Public Safety (DPS) as provided by Texas House Bill 28, 78th Legislature, 3rd Called Session (2003).

House Bill 28, provides that DPS shall administer the private security law through the Texas Private Security Board. In order to assume administration responsibilities, DPS is transferring the administrative regulations for private security from the current location in Title 22 of the Texas Administrative Code to the rules section of DPS contained in Title 37 of the Texas Administrative Code.

Tom Haas, Chief of Finance, has determined that for each year of the first five-year period the repeal is in effect there will be no fiscal implications for state or local government, or local economies.

Mr. Haas also has determined that for each year of the first five-year period the repeal is in effect the anticipated public benefit resulting from the adoption of the repeal will be current and updated rules relating to the administration of the Private Security Board rules and regulations. There is no anticipated cost to individuals, small businesses, or micro-businesses.

Comments on the repeal may be submitted to Cliff Grumbles, Texas Department of Public Safety, Regulatory Licensing Service, P.O. Box 4087, Austin, Texas 78773-0240, (512) 424-7711. Written comments will be accepted regarding the proposed repeal for 30 days after the date of publication.

The repeal is proposed pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Occupations Code, §1702.005, which provides that the department shall administer Chapter 1702 through the Texas Private Security Board; Texas Occupations Code, §1702.061, which provides for the adoption of rules and general policies; Texas Occupations Code, §1702.062, which provides that reasonable and necessary fees may be established by rule to produce sufficient revenue to administer the chapter; and Texas House Bill 1, 78th Legislature, Regular Session (2003), Article VIII, §4 and Article IX, §11.20.

Texas Government Code, §411.004(3), Texas Occupations Code, §§1702.005, 1702.061, and 1702.062, and Texas House Bill 1, 78th Legislature, Regular Session (2003), Article IX, §11.20 are affected by this proposal.

§421.1.Definitions.

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 June 22, 2004.

TRD-200404119

Thomas A. Davis, Jr.

Director, Texas Department of Public Safety

Texas Commission on Private Security

Earliest possible date of adoption: August 8, 2004

For further information, please call: (512) 424-2135

22 TAC §§422.1 - 422.4

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Department of Public Safety or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Department of Public Safety proposes the repeal of Title 22, Examining Boards, Part 20, Texas Commission on Private Security, Chapter 422, §§422.1 - 422.4, concerning Prohibitions. The repeal is proposed simultaneously with the proposal of new Chapter 35 to Texas Administrative Code, Title 37, Part 1. The repeal of the rules is necessary in order to implement the transfer of administration of the Texas Private Security Board to the Department of Public Safety (DPS) as provided by Texas House Bill 28, 78th Legislature, 3rd Called Session (2003).

House Bill 28, provides that DPS shall administer the private security law through the Texas Private Security Board. In order to assume administration responsibilities, DPS is transferring the administrative regulations for private security from the current location in Title 22 of the Texas Administrative Code to the rules section of DPS contained in Title 37 of the Texas Administrative Code.

Tom Haas, Chief of Finance, has determined that for each year of the first five-year period the repeal is in effect there will be no fiscal implications for state or local government, or local economies.

Mr. Haas also has determined that for each year of the first five-year period the repeal is in effect the anticipated public benefit resulting from the adoption of the repeal will be current and updated rules relating to the administration of the Private Security Board rules and regulations. There is no anticipated cost to individuals, small businesses, or micro-businesses.

Comments on the repeal may be submitted to Cliff Grumbles, Texas Department of Public Safety, Regulatory Licensing Service, P.O. Box 4087, Austin, Texas 78773-0240, (512) 424-7711. Written comments will be accepted regarding the proposed repeal for 30 days after the date of publication.

The repeal is proposed pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Occupations Code, §1702.005, which provides that the department shall administer Chapter 1702 through the Texas Private Security Board; Texas Occupations Code, §1702.061, which provides for the adoption of rules and general policies; Texas Occupations Code, §1702.062, which provides that reasonable and necessary fees may be established by rule to produce sufficient revenue to administer the chapter; and Texas House Bill 1, 78th Legislature, Regular Session (2003), Article VIII, §4 and Article IX, §11.20.

Texas Government Code, §411.004(3), Texas Occupations Code, §§1702.005, 1702.061, and 1702.062, and Texas House Bill 1, 78th Legislature, Regular Session (2003), Article IX, §11.20 are affected by this proposal.

§422.1.Fraudulent Application Prohibited.

§422.2.Permitting or Allowing Violations.

§422.3.Return of Equipment.

§422.4.Good Standing Required for Renewal.

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 June 22, 2004.

TRD-200404120

Thomas A. Davis, Jr.

Director, Texas Department of Public Safety

Texas Commission on Private Security

Earliest possible date of adoption: August 8, 2004

For further information, please call: (512) 424-2135

22 TAC §§423.1 - 423.3

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Department of Public Safety or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Department of Public Safety proposes the repeal of Title 22, Examining Boards, Part 20, Texas Commission on Private Security, Chapter 423, §§423.1 - 423.3, concerning Rule Making Procedures. The repeal is proposed simultaneously with the proposal of new Chapter 35 to Texas Administrative Code, Title 37, Part 1. The repeal of the rules is necessary in order to implement the transfer of administration of the Texas Private Security Board to the Department of Public Safety (DPS) as provided by Texas House Bill 28, 78th Legislature, 3rd Called Session (2003).

House Bill 28, provides that DPS shall administer the private security law through the Texas Private Security Board. In order to assume administration responsibilities, DPS is transferring the administrative regulations for private security from the current location in Title 22 of the Texas Administrative Code to the rules section of DPS contained in Title 37 of the Texas Administrative Code.

Tom Haas, Chief of Finance, has determined that for each year of the first five-year period the repeal is in effect there will be no fiscal implications for state or local government, or local economies.

Mr. Haas also has determined that for each year of the first five-year period the repeal is in effect the anticipated public benefit resulting from the adoption of the repeal will be current and updated rules relating to the administration of the Private Security Board rules and regulations. There is no anticipated cost to individuals, small businesses, or micro-businesses.

Comments on the repeal may be submitted to Cliff Grumbles, Texas Department of Public Safety, Regulatory Licensing Service, P.O. Box 4087, Austin, Texas 78773-0240, (512) 424-7711. Written comments will be accepted regarding the proposed repeal for 30 days after the date of publication.

The repeal is proposed pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Occupations Code, §1702.005, which provides that the department shall administer Chapter 1702 through the Texas Private Security Board; Texas Occupations Code, §1702.061, which provides for the adoption of rules and general policies; Texas Occupations Code, §1702.062, which provides that reasonable and necessary fees may be established by rule to produce sufficient revenue to administer the chapter; and Texas House Bill 1, 78th Legislature, Regular Session (2003), Article VIII, §4 and Article IX, §11.20.

Texas Government Code, §411.004(3), Texas Occupations Code, §§1702.005, 1702.061, and 1702.062, and Texas House Bill 1, 78th Legislature, Regular Session (2003), Article IX, §11.20 are affected by this proposal.

§423.1.Amendments to Commission Rules.

§423.2.Effective Date.

§423.3.Petition for Adoption of a Rule.

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 June 22, 2004.

TRD-200404121

Thomas A. Davis, Jr.

Director, Texas Department of Public Safety

Texas Commission on Private Security

Earliest possible date of adoption: August 8, 2004

For further information, please call: (512) 424-2135

22 TAC §§424.1 - 424.12

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Department of Public Safety or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Department of Public Safety proposes the repeal of Title 22, Examining Boards, Part 20, Texas Commission on Private Security, Chapter 424, §§424.1 - 424.12, concerning Standards. The repeal is proposed simultaneously with the proposal of new Chapter 35 to Texas Administrative Code, Title 37, Part 1. The repeal of the rules is necessary in order to implement the transfer of administration of the Texas Private Security Board to the Department of Public Safety (DPS) as provided by Texas House Bill 28, 78th Legislature, 3rd Called Session (2003).

House Bill 28, provides that DPS shall administer the private security law through the Texas Private Security Board. In order to assume administration responsibilities, DPS is transferring the administrative regulations for private security from the current location in Title 22 of the Texas Administrative Code to the rules section of DPS contained in Title 37 of the Texas Administrative Code.

Tom Haas, Chief of Finance, has determined that for each year of the first five-year period the repeal is in effect there will be no fiscal implications for state or local government, or local economies.

Mr. Haas also has determined that for each year of the first five-year period the repeal is in effect the anticipated public benefit resulting from the adoption of the repeal will be current and updated rules relating to the administration of the Private Security Board rules and regulations. There is no anticipated cost to individuals, small businesses, or micro-businesses.

Comments on the repeal may be submitted to Cliff Grumbles, Texas Department of Public Safety, Regulatory Licensing Service, P.O. Box 4087, Austin, Texas 78773-0240, (512) 424-7711. Written comments will be accepted regarding the proposed repeal for 30 days after the date of publication.

The repeal is proposed pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Occupations Code, §1702.005, which provides that the department shall administer Chapter 1702 through the Texas Private Security Board; Texas Occupations Code, §1702.061, which provides for the adoption of rules and general policies; Texas Occupations Code, §1702.062, which provides that reasonable and necessary fees may be established by rule to produce sufficient revenue to administer the chapter; and Texas House Bill 1, 78th Legislature, Regular Session (2003), Article VIII, §4 and Article IX, §11.20.

Texas Government Code, §411.004(3), Texas Occupations Code, §§1702.005, 1702.061, and 1702.062, and Texas House Bill 1, 78th Legislature, Regular Session (2003), Article IX, §11.20 are affected by this proposal.

§424.1.Complaint Limitation.

§424.2.Date of Licensing, Certification or Acknowledgement.

§424.3.Certificate of Installation.

§424.4.Standards of Conduct.

§424.5.Standards of Services.

§424.6.Consumer Information.

§424.7.Information Show in Advertisements.

§424.8.Standards of Reports.

§424.9.Uniform Requirements.

§424.10.Confidential Information.

§424.11.Response to Request for Subpoena.

§424.12.Voluntary Revocation.

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 June 22, 2004.

TRD-200404122

Thomas A. Davis, Jr.

Director, Texas Department of Public Safety

Texas Commission on Private Security

Earliest possible date of adoption: August 8, 2004

For further information, please call: (512) 424-2135

22 TAC §425.1, §425.33

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Department of Public Safety or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Department of Public Safety proposes the repeal of Title 22, Examining Boards, Part 20, Texas Commission on Private Security, Chapter 425, §425.1 and §425.33, concerning Summary Suspension. The repeal is proposed simultaneously with the proposal of new Chapter 35 to Texas Administrative Code, Title 37, Part 1. The repeal of the rules is necessary in order to implement the transfer of administration of the Texas Private Security Board to the Department of Public Safety (DPS) as provided by Texas House Bill 28, 78th Legislature, 3rd Called Session (2003).

House Bill 28, provides that DPS shall administer the private security law through the Texas Private Security Board. In order to assume administration responsibilities, DPS is transferring the administrative regulations for private security from the current location in Title 22 of the Texas Administrative Code to the rules section of DPS contained in Title 37 of the Texas Administrative Code.

Tom Haas, Chief of Finance, has determined that for each year of the first five-year period the repeal is in effect there will be no fiscal implications for state or local government, or local economies.

Mr. Haas also has determined that for each year of the first five-year period the repeal is in effect the anticipated public benefit resulting from the adoption of the repeal will be current and updated rules relating to the administration of the Private Security Board rules and regulations. There is no anticipated cost to individuals, small businesses, or micro-businesses.

Comments on the repeal may be submitted to Cliff Grumbles, Texas Department of Public Safety, Regulatory Licensing Service, P.O. Box 4087, Austin, Texas 78773-0240, (512) 424-7711. Written comments will be accepted regarding the proposed repeal for 30 days after the date of publication.

The repeal is proposed pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Occupations Code, §1702.005, which provides that the department shall administer Chapter 1702 through the Texas Private Security Board; Texas Occupations Code, §1702.061, which provides for the adoption of rules and general policies; Texas Occupations Code, §1702.062, which provides that reasonable and necessary fees may be established by rule to produce sufficient revenue to administer the chapter; and Texas House Bill 1, 78th Legislature, Regular Session (2003), Article VIII, §4 and Article IX, §11.20.

Texas Government Code, §411.004(3), Texas Occupations Code, §§1702.005, 1702.061, and 1702.062, and Texas House Bill 1, 78th Legislature, Regular Session (2003), Article IX, §11.20 are affected by this proposal.

§425.1.Stay of Summary Suspension.

§425.33.Service of Notice in Non-Rulemaking Proceedings.

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 June 22, 2004.

TRD-200404123

Thomas A. Davis, Jr.

Director, Texas Department of Public Safety

Texas Commission on Private Security

Earliest possible date of adoption: August 8, 2004

For further information, please call: (512) 424-2135

22 TAC §§426.1 - 426.15

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Department of Public Safety or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Department of Public Safety proposes the repeal of Title 22, Examining Boards, Part 20, Texas Commission on Private Security, Chapter 426, §§426.1 - 426.15, concerning General Administration and Examination. The repeal is proposed simultaneously with the proposal of new Chapter 35 to Texas Administrative Code, Title 37, Part 1. The repeal of the rules is necessary in order to implement the transfer of administration of the Texas Private Security Board to the Department of Public Safety (DPS) as provided by Texas House Bill 28, 78th Legislature, 3rd Called Session (2003).

House Bill 28, provides that DPS shall administer the private security law through the Texas Private Security Board. In order to assume administration responsibilities, DPS is transferring the administrative regulations for private security from the current location in Title 22 of the Texas Administrative Code to the rules section of DPS contained in Title 37 of the Texas Administrative Code.

Tom Haas, Chief of Finance, has determined that for each year of the first five-year period the repeal is in effect there will be no fiscal implications for state or local government, or local economies.

Mr. Haas also has determined that for each year of the first five-year period the repeal is in effect the anticipated public benefit resulting from the adoption of the repeal will be current and updated rules relating to the administration of the Private Security Board rules and regulations. There is no anticipated cost to individuals, small businesses, or micro-businesses.

Comments on the repeal may be submitted to Cliff Grumbles, Texas Department of Public Safety, Regulatory Licensing Service, P.O. Box 4087, Austin, Texas 78773-0240, (512) 424-7711. Written comments will be accepted regarding the proposed repeal for 30 days after the date of publication.

The repeal is proposed pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Occupations Code, §1702.005, which provides that the department shall administer Chapter 1702 through the Texas Private Security Board; Texas Occupations Code, §1702.061, which provides for the adoption of rules and general policies; Texas Occupations Code, §1702.062, which provides that reasonable and necessary fees may be established by rule to produce sufficient revenue to administer the chapter; and Texas House Bill 1, 78th Legislature, Regular Session (2003), Article VIII, §4 and Article IX, §11.20.

Texas Government Code, §411.004(3), Texas Occupations Code, §§1702.005, 1702.061, and 1702.062, and Texas House Bill 1, 78th Legislature, Regular Session (2003), Article IX, §11.20 are affected by this proposal.

§426.1.Written Examination for Managers.

§426.2.Reexamination Fee.

§426.3.Photographs.

§426.4.Fingerprint Cards.

§426.5.Assumed Name Requirements.

§426.6.Verification of Corporations.

§426.7.Assignment Under Class.

§426.8.Procedure for Termination of License or Branch License.

§426.9.Assignment to Spouse or Heirs.

§426.10.Fees.

§426.11.Operation without Manager.

§426.12.Fingerprint Submission.

§426.13.Change of Expiration date of: License.

§426.14.Reapplication after Revocation.

§426.15.Private Security Consultants.

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 June 22, 2004.

TRD-200404124

Thomas A. Davis, Jr.

Director, Texas Department of Public Safety

Texas Commission on Private Security

Earliest possible date of adoption: August 8, 2004

For further information, please call: (512) 424-2135

22 TAC §§427.1 - 427.6

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Department of Public Safety or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Department of Public Safety proposes the repeal of Title 22, Examining Boards, Part 20, Texas Commission on Private Security, Chapter 427, §§427.1 - 427.6, concerning Administrative Hearings. The repeal is proposed simultaneously with the proposal of new Chapter 35 to Texas Administrative Code, Title 37, Part 1. The repeal of the rules is necessary in order to implement the transfer of administration of the Texas Private Security Board to the Department of Public Safety (DPS) as provided by Texas House Bill 28, 78th Legislature, 3rd Called Session (2003).

House Bill 28, provides that DPS shall administer the private security law through the Texas Private Security Board. In order to assume administration responsibilities, DPS is transferring the administrative regulations for private security from the current location in Title 22 of the Texas Administrative Code to the rules section of DPS contained in Title 37 of the Texas Administrative Code.

Tom Haas, Chief of Finance, has determined that for each year of the first five-year period the repeal is in effect there will be no fiscal implications for state or local government, or local economies.

Mr. Haas also has determined that for each year of the first five-year period the repeal is in effect the anticipated public benefit resulting from the adoption of the repeal will be current and updated rules relating to the administration of the Private Security Board rules and regulations. There is no anticipated cost to individuals, small businesses, or micro-businesses.

Comments on the repeal may be submitted to Cliff Grumbles, Texas Department of Public Safety, Regulatory Licensing Service, P.O. Box 4087, Austin, Texas 78773-0240, (512) 424-7711. Written comments will be accepted regarding the proposed repeal for 30 days after the date of publication.

The repeal is proposed pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Occupations Code, §1702.005, which provides that the department shall administer Chapter 1702 through the Texas Private Security Board; Texas Occupations Code, §1702.061, which provides for the adoption of rules and general policies; Texas Occupations Code, §1702.062, which provides that reasonable and necessary fees may be established by rule to produce sufficient revenue to administer the chapter; and Texas House Bill 1, 78th Legislature, Regular Session (2003), Article VIII, §4 and Article IX, §11.20.

Texas Government Code, §411.004(3), Texas Occupations Code, §§1702.005, 1702.061, and 1702.062, and Texas House Bill 1, 78th Legislature, Regular Session (2003), Article IX, §11.20 are affected by this proposal.

§427.1.Administrative Hearings Procedures.

§427.2.Service of Notice in Non-Rulemaking Proceedings.

§427.3.Penalty Range.

§427.4.Default Judgments.

§427.5.Trial on the merits.

§427.6.Appeal.

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 June 22, 2004.

TRD-200404125

Thomas A. Davis, Jr.

Director, Texas Department of Public Safety

Texas Commission on Private Security

Earliest possible date of adoption: August 8, 2004

For further information, please call: (512) 424-2135

22 TAC §§428.1 - 428.7

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Department of Public Safety or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Department of Public Safety proposes the repeal of Title 22, Examining Boards, Part 20, Texas Commission on Private Security, Chapter 428, §§428.1 - 428.7, concerning Uniformed Motorcycle Escort Service. The repeal is proposed simultaneously with the proposal of new Chapter 35 to Texas Administrative Code, Title 37, Part 1. The repeal of the rules is necessary in order to implement the transfer of administration of the Texas Private Security Board to the Department of Public Safety (DPS) as provided by Texas House Bill 28, 78th Legislature, 3rd Called Session (2003).

House Bill 28, provides that DPS shall administer the private security law through the Texas Private Security Board. In order to assume administration responsibilities, DPS is transferring the administrative regulations for private security from the current location in Title 22 of the Texas Administrative Code to the rules section of DPS contained in Title 37 of the Texas Administrative Code.

Tom Haas, Chief of Finance, has determined that for each year of the first five-year period the repeal is in effect there will be no fiscal implications for state or local government, or local economies.

Mr. Haas also has determined that for each year of the first five-year period the repeal is in effect the anticipated public benefit resulting from the adoption of the repeal will be current and updated rules relating to the administration of the Private Security Board rules and regulations. There is no anticipated cost to individuals, small businesses, or micro-businesses.

Comments on the repeal may be submitted to Cliff Grumbles, Texas Department of Public Safety, Regulatory Licensing Service, P.O. Box 4087, Austin, Texas 78773-0240, (512) 424-7711. Written comments will be accepted regarding the proposed repeal for 30 days after the date of publication.

The repeal is proposed pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Occupations Code, §1702.005, which provides that the department shall administer Chapter 1702 through the Texas Private Security Board; Texas Occupations Code, §1702.061, which provides for the adoption of rules and general policies; Texas Occupations Code, §1702.062, which provides that reasonable and necessary fees may be established by rule to produce sufficient revenue to administer the chapter; and Texas House Bill 1, 78th Legislature, Regular Session (2003), Article VIII, §4 and Article IX, §11.20.

Texas Government Code, §411.004(3), Texas Occupations Code, §§1702.005, 1702.061, and 1702.062, and Texas House Bill 1, 78th Legislature, Regular Session (2003), Article IX, §11.20 are affected by this proposal.

§428.1.Escort License Required.

§428.2.Approved Uniforms.

§428.3.Insurance.

§428.4.Driver's License Required.

§428.5.Restrictions on Lights.

§428.6.Arrest for Conviction of Driving While Intoxicated.

§428.7.Police Officers May Furnish Escorts.

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 June 22, 2004.

TRD-200404126

Thomas A. Davis, Jr.

Director, Texas Department of Public Safety

Texas Commission on Private Security

Earliest possible date of adoption: August 8, 2004

For further information, please call: (512) 424-2135

22 TAC §429.1

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Department of Public Safety or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Department of Public Safety proposes the repeal of Title 22, Examining Boards, Part 20, Texas Commission on Private Security, Chapter 429, §429.1, concerning Guard Dogs. The repeal is proposed simultaneously with the proposal of new Chapter 35 to Texas Administrative Code, Title 37, Part 1. The repeal of the rules is necessary in order to implement the transfer of administration of the Texas Private Security Board to the Department of Public Safety (DPS) as provided by Texas House Bill 28, 78th Legislature, 3rd Called Session (2003).

House Bill 28, provides that DPS shall administer the private security law through the Texas Private Security Board. In order to assume administration responsibilities, DPS is transferring the administrative regulations for private security from the current location in Title 22 of the Texas Administrative Code to the rules section of DPS contained in Title 37 of the Texas Administrative Code.

Tom Haas, Chief of Finance, has determined that for each year of the first five-year period the repeal is in effect there will be no fiscal implications for state or local government, or local economies.

Mr. Haas also has determined that for each year of the first five-year period the repeal is in effect the anticipated public benefit resulting from the adoption of the repeal will be current and updated rules relating to the administration of the Private Security Board rules and regulations. There is no anticipated cost to individuals, small businesses, or micro-businesses.

Comments on the repeal may be submitted to Cliff Grumbles, Texas Department of Public Safety, Regulatory Licensing Service, P.O. Box 4087, Austin, Texas 78773-0240, (512) 424-7711. Written comments will be accepted regarding the proposed repeal for 30 days after the date of publication.

The repeal is proposed pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Occupations Code, §1702.005, which provides that the department shall administer Chapter 1702 through the Texas Private Security Board; Texas Occupations Code, §1702.061, which provides for the adoption of rules and general policies; Texas Occupations Code, §1702.062, which provides that reasonable and necessary fees may be established by rule to produce sufficient revenue to administer the chapter; and Texas House Bill 1, 78th Legislature, Regular Session (2003), Article VIII, §4 and Article IX, §11.20.

Texas Government Code, §411.004(3), Texas Occupations Code, §§1702.005, 1702.061, and 1702.062, and Texas House Bill 1, 78th Legislature, Regular Session (2003), Article IX, §11.20 are affected by this proposal.

§429.1.Welfare Requirements.

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 June 22, 2004.

TRD-200404127

Thomas A. Davis, Jr.

Director, Texas Department of Public Safety

Texas Commission on Private Security

Earliest possible date of adoption: August 8, 2004

For further information, please call: (512) 424-2135

22 TAC §§430.1 - 430.6, 430.55

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Department of Public Safety or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Department of Public Safety proposes the repeal of Title 22, Examining Boards, Part 20, Texas Commission on Private Security, Chapter 430, §§430.1 - 430.6 and §430.55, concerning Commissioned Security Officers. The repeal is proposed simultaneously with the proposal of new Chapter 35 to Texas Administrative Code, Title 37, Part 1. The repeal of the rules is necessary in order to implement the transfer of administration of the Texas Private Security Board to the Department of Public Safety (DPS) as provided by Texas House Bill 28, 78th Legislature, 3rd Called Session (2003).

House Bill 28, provides that DPS shall administer the private security law through the Texas Private Security Board. In order to assume administration responsibilities, DPS is transferring the administrative regulations for private security from the current location in Title 22 of the Texas Administrative Code to the rules section of DPS contained in Title 37 of the Texas Administrative Code.

Tom Haas, Chief of Finance, has determined that for each year of the first five-year period the repeal is in effect there will be no fiscal implications for state or local government, or local economies.

Mr. Haas also has determined that for each year of the first five-year period the repeal is in effect the anticipated public benefit resulting from the adoption of the repeal will be current and updated rules relating to the administration of the Private Security Board rules and regulations. There is no anticipated cost to individuals, small businesses, or micro-businesses.

Comments on the repeal may be submitted to Cliff Grumbles, Texas Department of Public Safety, Regulatory Licensing Service, P.O. Box 4087, Austin, Texas 78773-0240, (512) 424-7711. Written comments will be accepted regarding the proposed repeal for 30 days after the date of publication.

The repeal is proposed pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Occupations Code, §1702.005, which provides that the department shall administer Chapter 1702 through the Texas Private Security Board; Texas Occupations Code, §1702.061, which provides for the adoption of rules and general policies; Texas Occupations Code, §1702.062, which provides that reasonable and necessary fees may be established by rule to produce sufficient revenue to administer the chapter; and Texas House Bill 1, 78th Legislature, Regular Session (2003), Article VIII, §4 and Article IX, §11.20.

Texas Government Code, §411.004(3), Texas Occupations Code, §§1702.005, 1702.061, and 1702.062, and Texas House Bill 1, 78th Legislature, Regular Session (2003), Article IX, §11.20 are affected by this proposal.

§430.1.Requirements for Issuance of a Security Officer Commission by the Commission.

§430.2.Commission Applications.

§430.3.Drug Testing Required for Commissioned Security Officers.

§430.4.Violations by Commissioned Security Officers.

§430.5.Carrying of A Security Officer Commission.

§430.6.Renewal of Security Officer Commission.

§430.55.Requirements for Private Security Consultants.

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 June 22, 2004.

TRD-200404128

Thomas A. Davis, Jr.

Director, Texas Department of Public Safety

Texas Commission on Private Security

Earliest possible date of adoption: August 8, 2004

For further information, please call: (512) 424-2135

22 TAC §§431.1 - 431.3

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Department of Public Safety or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Department of Public Safety proposes the repeal of Title 22, Examining Boards, Part 20, Texas Commission on Private Security, Chapter 431, §§431.1 - 431.3, concerning Personal Protection Officers. The repeal is proposed simultaneously with the proposal of new Chapter 35 to Texas Administrative Code, Title 37, Part 1. The repeal of the rules is necessary in order to implement the transfer of administration of the Texas Private Security Board to the Department of Public Safety (DPS) as provided by Texas House Bill 28, 78th Legislature, 3rd Called Session (2003).

House Bill 28, provides that DPS shall administer the private security law through the Texas Private Security Board. In order to assume administration responsibilities, DPS is transferring the administrative regulations for private security from the current location in Title 22 of the Texas Administrative Code to the rules section of DPS contained in Title 37 of the Texas Administrative Code.

Tom Haas, Chief of Finance, has determined that for each year of the first five-year period the repeal is in effect there will be no fiscal implications for state or local government, or local economies.

Mr. Haas also has determined that for each year of the first five-year period the repeal is in effect the anticipated public benefit resulting from the adoption of the repeal will be current and updated rules relating to the administration of the Private Security Board rules and regulations. There is no anticipated cost to individuals, small businesses, or micro-businesses.

Comments on the repeal may be submitted to Cliff Grumbles, Texas Department of Public Safety, Regulatory Licensing Service, P.O. Box 4087, Austin, Texas 78773-0240, (512) 424-7711. Written comments will be accepted regarding the proposed repeal for 30 days after the date of publication.

The repeal is proposed pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Occupations Code, §1702.005, which provides that the department shall administer Chapter 1702 through the Texas Private Security Board; Texas Occupations Code, §1702.061, which provides for the adoption of rules and general policies; Texas Occupations Code, §1702.062, which provides that reasonable and necessary fees may be established by rule to produce sufficient revenue to administer the chapter; and Texas House Bill 1, 78th Legislature, Regular Session (2003), Article VIII, §4 and Article IX, §11.20.

Texas Government Code, §411.004(3), Texas Occupations Code, §§1702.005, 1702.061, and 1702.062, and Texas House Bill 1, 78th Legislature, Regular Session (2003), Article IX, §11.20 are affected by this proposal.

§431.1.Requirements for Issuance of a Personal Protection Authorization.

§431.2.Requirement for Personal Protection Employer.

§431.3.Violations of the Act by Personal Protection Officers.

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 June 22, 2004.

TRD-200404129

Thomas A. Davis, Jr.

Director, Texas Department of Public Safety

Texas Commission on Private Security

Earliest possible date of adoption: August 8, 2004

For further information, please call: (512) 424-2135

22 TAC §432.1, §432.2

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Department of Public Safety or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Department of Public Safety proposes the repeal of Title 22, Examining Boards, Part 20, Texas Commission on Private Security, Chapter 432, §432.1 and §432.2, concerning Letters of Authority. The repeal is proposed simultaneously with the proposal of new Chapter 35 to Texas Administrative Code, Title 37, Part 1. The repeal of the rules is necessary in order to implement the transfer of administration of the Texas Private Security Board to the Department of Public Safety (DPS) as provided by Texas House Bill 28, 78th Legislature, 3rd Called Session (2003).

House Bill 28, provides that DPS shall administer the private security law through the Texas Private Security Board. In order to assume administration responsibilities, DPS is transferring the administrative regulations for private security from the current location in Title 22 of the Texas Administrative Code to the rules section of DPS contained in Title 37 of the Texas Administrative Code.

Tom Haas, Chief of Finance, has determined that for each year of the first five-year period the repeal is in effect there will be no fiscal implications for state or local government, or local economies.

Mr. Haas also has determined that for each year of the first five-year period the repeal is in effect the anticipated public benefit resulting from the adoption of the repeal will be current and updated rules relating to the administration of the Private Security Board rules and regulations. There is no anticipated cost to individuals, small businesses, or micro-businesses.

Comments on the repeal may be submitted to Cliff Grumbles, Texas Department of Public Safety, Regulatory Licensing Service, P.O. Box 4087, Austin, Texas 78773-0240, (512) 424-7711. Written comments will be accepted regarding the proposed repeal for 30 days after the date of publication.

The repeal is proposed pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Occupations Code, §1702.005, which provides that the department shall administer Chapter 1702 through the Texas Private Security Board; Texas Occupations Code, §1702.061, which provides for the adoption of rules and general policies; Texas Occupations Code, §1702.062, which provides that reasonable and necessary fees may be established by rule to produce sufficient revenue to administer the chapter; and Texas House Bill 1, 78th Legislature, Regular Session (2003), Article VIII, §4 and Article IX, §11.20.

Texas Government Code, §411.004(3), Texas Occupations Code, §§1702.005, 1702.061, and 1702.062, and Texas House Bill 1, 78th Legislature, Regular Session (2003), Article IX, §11.20 are affected by this proposal.

§432.1.Requirements for Issuance of a Private Business Letter of Authority.

§432.2.Requirements for Issuance of A Government Letter of Authority.

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 June 22, 2004.

TRD-200404130

Thomas A. Davis, Jr.

Director, Texas Department of Public Safety

Texas Commission on Private Security

Earliest possible date of adoption: August 8, 2004

For further information, please call: (512) 424-2135

22 TAC §§433.1 - 433.6

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Department of Public Safety or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Department of Public Safety proposes the repeal of Title 22, Examining Boards, Part 20, Texas Commission on Private Security, Chapter 433, §§433.1 - 433.6, concerning General Registration Requirements. The repeal is proposed simultaneously with the proposal of new Chapter 35 to Texas Administrative Code, Title 37, Part 1. The repeal of the rules is necessary in order to implement the transfer of administration of the Texas Private Security Board to the Department of Public Safety (DPS) as provided by Texas House Bill 28, 78th Legislature, 3rd Called Session (2003).

House Bill 28, provides that DPS shall administer the private security law through the Texas Private Security Board. In order to assume administration responsibilities, DPS is transferring the administrative regulations for private security from the current location in Title 22 of the Texas Administrative Code to the rules section of DPS contained in Title 37 of the Texas Administrative Code.

Tom Haas, Chief of Finance, has determined that for each year of the first five-year period the repeal is in effect there will be no fiscal implications for state or local government, or local economies.

Mr. Haas also has determined that for each year of the first five-year period the repeal is in effect the anticipated public benefit resulting from the adoption of the repeal will be current and updated rules relating to the administration of the Private Security Board rules and regulations. There is no anticipated cost to individuals, small businesses, or micro-businesses.

Comments on the repeal may be submitted to Cliff Grumbles, Texas Department of Public Safety, Regulatory Licensing Service, P.O. Box 4087, Austin, Texas 78773-0240, (512) 424-7711. Written comments will be accepted regarding the proposed repeal for 30 days after the date of publication.

The repeal is proposed pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Occupations Code, §1702.005, which provides that the department shall administer Chapter 1702 through the Texas Private Security Board; Texas Occupations Code, §1702.061, which provides for the adoption of rules and general policies; Texas Occupations Code, §1702.062, which provides that reasonable and necessary fees may be established by rule to produce sufficient revenue to administer the chapter; and Texas House Bill 1, 78th Legislature, Regular Session (2003), Article VIII, §4 and Article IX, §11.20.

Texas Government Code, §411.004(3), Texas Occupations Code, §§1702.005, 1702.061, and 1702.062, and Texas House Bill 1, 78th Legislature, Regular Session (2003), Article IX, §11.20 are affected by this proposal.

§433.1.Employment Requirements.

§433.2.Fingerprints.

§433.3.Exhibit Pocket Card.

§433.4.Licensed Company Responsible for the Registration of Employees.

§433.5.Registration Deadline.

§433.6.Registration Applications.

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 June 22, 2004.

TRD-200404131

Thomas A. Davis, Jr.

Director, Texas Department of Public Safety

Texas Commission on Private Security

Earliest possible date of adoption: August 8, 2004

For further information, please call: (512) 424-2135

22 TAC §§434.1 - 434.5

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Department of Public Safety or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Department of Public Safety proposes the repeal of Title 22, Examining Boards, Part 20, Texas Commission on Private Security, Chapter 434, §§434.1 - 434.5, concerning Company Records. The repeal is proposed simultaneously with the proposal of new Chapter 35 to Texas Administrative Code, Title 37, Part 1. The repeal of the rules is necessary in order to implement the transfer of administration of the Texas Private Security Board to the Department of Public Safety (DPS) as provided by Texas House Bill 28, 78th Legislature, 3rd Called Session (2003).

House Bill 28, provides that DPS shall administer the private security law through the Texas Private Security Board. In order to assume administration responsibilities, DPS is transferring the administrative regulations for private security from the current location in Title 22 of the Texas Administrative Code to the rules section of DPS contained in Title 37 of the Texas Administrative Code.

Tom Haas, Chief of Finance, has determined that for each year of the first five-year period the repeal is in effect there will be no fiscal implications for state or local government, or local economies.

Mr. Haas also has determined that for each year of the first five-year period the repeal is in effect the anticipated public benefit resulting from the adoption of the repeal will be current and updated rules relating to the administration of the Private Security Board rules and regulations. There is no anticipated cost to individuals, small businesses, or micro-businesses.

Comments on the repeal may be submitted to Cliff Grumbles, Texas Department of Public Safety, Regulatory Licensing Service, P.O. Box 4087, Austin, Texas 78773-0240, (512) 424-7711. Written comments will be accepted regarding the proposed repeal for 30 days after the date of publication.

The repeal is proposed pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Occupations Code, §1702.005, which provides that the department shall administer Chapter 1702 through the Texas Private Security Board; Texas Occupations Code, §1702.061, which provides for the adoption of rules and general policies; Texas Occupations Code, §1702.062, which provides that reasonable and necessary fees may be established by rule to produce sufficient revenue to administer the chapter; and Texas House Bill 1, 78th Legislature, Regular Session (2003), Article VIII, §4 and Article IX, §11.20.

Texas Government Code, §411.004(3), Texas Occupations Code, §§1702.005, 1702.061, and 1702.062, and Texas House Bill 1, 78th Legislature, Regular Session (2003), Article IX, §11.20 are affected by this proposal.

§434.1.Employee Records.

§434.2.Location of Records.

§434.3.Records to be Available for Inspection.

§434.4.Pre-Employment Check.

§434.5.Records Required on Commissioned Security Officers.

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 June 22, 2004.

TRD-200404132

Thomas A. Davis, Jr.

Director, Texas Department of Public Safety

Texas Commission on Private Security

Earliest possible date of adoption: August 8, 2004

For further information, please call: (512) 424-2135

22 TAC §435.1, §435.2

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Department of Public Safety or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Department of Public Safety proposes the repeal of Title 22, Examining Boards, Part 20, Texas Commission on Private Security, Chapter 435, §435.1 and §435.2, concerning Reciprocity. The repeal is proposed simultaneously with the proposal of new Chapter 35 to Texas Administrative Code, Title 37, Part 1. The repeal of the rules is necessary in order to implement the transfer of administration of the Texas Private Security Board to the Department of Public Safety (DPS) as provided by Texas House Bill 28, 78th Legislature, 3rd Called Session (2003).

House Bill 28, provides that DPS shall administer the private security law through the Texas Private Security Board. In order to assume administration responsibilities, DPS is transferring the administrative regulations for private security from the current location in Title 22 of the Texas Administrative Code to the rules section of DPS contained in Title 37 of the Texas Administrative Code.

Tom Haas, Chief of Finance, has determined that for each year of the first five-year period the repeal is in effect there will be no fiscal implications for state or local government, or local economies.

Mr. Haas also has determined that for each year of the first five-year period the repeal is in effect the anticipated public benefit resulting from the adoption of the repeal will be current and updated rules relating to the administration of the Private Security Board rules and regulations. There is no anticipated cost to individuals, small businesses, or micro-businesses.

Comments on the repeal may be submitted to Cliff Grumbles, Texas Department of Public Safety, Regulatory Licensing Service, P.O. Box 4087, Austin, Texas 78773-0240, (512) 424-7711. Written comments will be accepted regarding the proposed repeal for 30 days after the date of publication.

The repeal is proposed pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Occupations Code, §1702.005, which provides that the department shall administer Chapter 1702 through the Texas Private Security Board; Texas Occupations Code, §1702.061, which provides for the adoption of rules and general policies; Texas Occupations Code, §1702.062, which provides that reasonable and necessary fees may be established by rule to produce sufficient revenue to administer the chapter; and Texas House Bill 1, 78th Legislature, Regular Session (2003), Article VIII, §4 and Article IX, §11.20.

Texas Government Code, §411.004(3), Texas Occupations Code, §§1702.005, 1702.061, and 1702.062, and Texas House Bill 1, 78th Legislature, Regular Session (2003), Article IX, §11.20 are affected by this proposal.

§435.1.General Reciprocity.

§435.2.Limited Reciprocity.

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 June 22, 2004.

TRD-200404133

Thomas A. Davis, Jr.

Director, Texas Department of Public Safety

Texas Commission on Private Security

Earliest possible date of adoption: August 8, 2004

For further information, please call: (512) 424-2135

22 TAC §436.1

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Department of Public Safety or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Department of Public Safety proposes the repeal of Title 22, Examining Boards, Part 20, Texas Commission on Private Security, Chapter 436, §436.1, concerning Subscription Fees. The repeal is proposed simultaneously with the proposal of new Chapter 35 to Texas Administrative Code, Title 37, Part 1. The repeal of the rules is necessary in order to implement the transfer of administration of the Texas Private Security Board to the Department of Public Safety (DPS) as provided by Texas House Bill 28, 78th Legislature, 3rd Called Session (2003).

House Bill 28, provides that DPS shall administer the private security law through the Texas Private Security Board. In order to assume administration responsibilities, DPS is transferring the administrative regulations for private security from the current location in Title 22 of the Texas Administrative Code to the rules section of DPS contained in Title 37 of the Texas Administrative Code.

Tom Haas, Chief of Finance, has determined that for each year of the first five-year period the repeal is in effect there will be no fiscal implications for state or local government, or local economies.

Mr. Haas also has determined that for each year of the first five-year period the repeal is in effect the anticipated public benefit resulting from the adoption of the repeal will be current and updated rules relating to the administration of the Private Security Board rules and regulations. There is no anticipated cost to individuals, small businesses, or micro-businesses.

Comments on the repeal may be submitted to Cliff Grumbles, Texas Department of Public Safety, Regulatory Licensing Service, P.O. Box 4087, Austin, Texas 78773-0240, (512) 424-7711. Written comments will be accepted regarding the proposed repeal for 30 days after the date of publication.

The repeal is proposed pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Occupations Code, §1702.005, which provides that the department shall administer Chapter 1702 through the Texas Private Security Board; Texas Occupations Code, §1702.061, which provides for the adoption of rules and general policies; Texas Occupations Code, §1702.062, which provides that reasonable and necessary fees may be established by rule to produce sufficient revenue to administer the chapter; and Texas House Bill 1, 78th Legislature, Regular Session, (2003), Article VIII, §4 and Article IX, §11.20.

Texas Government Code, §411.004(3), Texas Occupations Code, §§1702.005, 1702.061, and 1702.062, and Texas House Bill 1, 78th Legislature, Regular Session (2003), Article IX, §11.20 are affected by this proposal.

§436.1.Renewal Subscription Fee.

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 June 22, 2004.

TRD-200404134

Thomas A. Davis, Jr.

Director, Texas Department of Public Safety

Texas Commission on Private Security

Earliest possible date of adoption: August 8, 2004

For further information, please call: (512) 424-2135

22 TAC §437.1

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Department of Public Safety or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Department of Public Safety proposes the repeal of Title 22, Examining Boards, Part 20, Texas Commission on Private Security, Chapter 437, §437.1, concerning Business Evaluation Service. The repeal is proposed simultaneously with the proposal of new Chapter 35 to Texas Administrative Code, Title 37, Part 1. The repeal of the rules is necessary in order to implement the transfer of administration of the Texas Private Security Board to the Department of Public Safety (DPS) as provided by Texas House Bill 28, 78th Legislature, 3rd Called Session (2003).

House Bill 28, provides that DPS shall administer the private security law through the Texas Private Security Board. In order to assume administration responsibilities, DPS is transferring the administrative regulations for private security from the current location in Title 22 of the Texas Administrative Code to the rules section of DPS contained in Title 37 of the Texas Administrative Code.

Tom Haas, Chief of Finance, has determined that for each year of the first five-year period the repeal is in effect there will be no fiscal implications for state or local government, or local economies.

Mr. Haas also has determined that for each year of the first five-year period the repeal is in effect the anticipated public benefit resulting from the adoption of the repeal will be current and updated rules relating to the administration of the Private Security Board rules and regulations. There is no anticipated cost to individuals, small businesses, or micro-businesses.

Comments on the repeal may be submitted to Cliff Grumbles, Texas Department of Public Safety, Regulatory Licensing Service, P.O. Box 4087, Austin, Texas 78773-0240, (512) 424-7711. Written comments will be accepted regarding the proposed repeal for 30 days after the date of publication.

The repeal is proposed pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Occupations Code, §1702.005, which provides that the department shall administer Chapter 1702 through the Texas Private Security Board; Texas Occupations Code, §1702.061, which provides for the adoption of rules and general policies; Texas Occupations Code, §1702.062, which provides that reasonable and necessary fees may be established by rule to produce sufficient revenue to administer the chapter; and Texas House Bill 1, 78th Legislature, Regular Session (2003), Article VIII, §4 and Article IX, §11.20.

Texas Government Code, §411.004(3), Texas Occupations Code, §§1702.005, 1702.061, and 1702.062, and Texas House Bill 1, 78th Legislature, Regular Session (2003), Article IX, §11.20 are affected by this proposal.

§437.1.Business Evaluation Service.

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 June 22, 2004.

TRD-200404135

Thomas A. Davis, Jr.

Director, Texas Department of Public Safety

Texas Commission on Private Security

Earliest possible date of adoption: August 8, 2004

For further information, please call: (512) 424-2135

22 TAC §§440.1, 440.2, 440.4 - 440.19

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Department of Public Safety or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Department of Public Safety proposes the repeal of Title 22, Examining Boards, Part 20, Texas Commission on Private Security, Chapter 440, §§440.1, 440.2, and 440.4 - 440.19, concerning Training. The repeal is proposed simultaneously with the proposal of new Chapter 35 to Texas Administrative Code, Title 37, Part 1. The repeal of the rules is necessary in order to implement the transfer of administration of the Texas Private Security Board to the Department of Public Safety (DPS) as provided by Texas House Bill 28, 78th Legislature, 3rd Called Session (2003).

House Bill 28, provides that DPS shall administer the private security law through the Texas Private Security Board. In order to assume administration responsibilities, DPS is transferring the administrative regulations for private security from the current location in Title 22 of the Texas Administrative Code to the rules section of DPS contained in Title 37 of the Texas Administrative Code.

Tom Haas, Chief of Finance, has determined that for each year of the first five-year period the repeal is in effect there will be no fiscal implications for state or local government, or local economies.

Mr. Haas also has determined that for each year of the first five-year period the repeal is in effect the anticipated public benefit resulting from the adoption of the repeal will be current and updated rules relating to the administration of the Private Security Board rules and regulations. There is no anticipated cost to individuals, small businesses, or micro-businesses.

Comments on the repeal may be submitted to Cliff Grumbles, Texas Department of Public Safety, Regulatory Licensing Service, P.O. Box 4087, Austin, Texas 78773-0240, (512) 424-7711. Written comments will be accepted regarding the proposed repeal for 30 days after the date of publication.

The repeal is proposed pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Occupations Code, §1702.005, which provides that the department shall administer Chapter 1702 through the Texas Private Security Board; Texas Occupations Code, §1702.061, which provides for the adoption of rules and general policies; Texas Occupations Code, §1702.062, which provides that reasonable and necessary fees may be established by rule to produce sufficient revenue to administer the chapter; and Texas House Bill 1, 78th Legislature, Regular Session (2003), Article VIII, §4 and Article IX, §11.20.

Texas Government Code, §411.004(3), Texas Occupations Code, §§1702.005, 1702.061, and 1702.062, and Texas House Bill 1, 78th Legislature, Regular Session (2003), Article IX, §11.20 are affected by this proposal.

§440.1.Application for a Training School Approval.

§440.2.Attendance, Progress, and Completion Records Required.

§440.4.Commission Refusal of Certificate of Completion.

§440.5.Withdrawal of Training School Approval.

§440.6.Notification of Denial or Withdrawal of a Letter of Approval.

§440.7.Application for a Training Instructor Letter of Approval.

§440.8.Training Courses.

§440.9.Firearm Courses.

§440.10.Shotgun Training.

§440.11.Shotgun Training Requirements.

§440.12.Training School and Instructor Approval.

§440.13.Security Officer Training Manual and Examination.

§440.14.Alarm Installer and Alarm Systems Salesperson Training and Testing/Application for Alarm Training Program Approval.

§440.15.Attendance, Progress and Completion Records Required.

§440.16.Alarm Systems Installer or Alarm Systems Salesperson.

§440.17.Records Required on Manager.

§440.18.Statutory or Rules Violations.

§440.19.Certificate of Completion.

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 June 22, 2004.

TRD-200404136

Thomas A. Davis, Jr.

Director, Texas Department of Public Safety

Texas Commission on Private Security

Earliest possible date of adoption: August 8, 2004

For further information, please call: (512) 424-2135

22 TAC §441.1

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Department of Public Safety or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Department of Public Safety proposes the repeal of Title 22, Examining Boards, Part 20, Texas Commission on Private Security, Chapter 441, §441.1, concerning Personal Protection Officers Training. The repeal is proposed simultaneously with the proposal of new Chapter 35 to Texas Administrative Code, Title 37, Part 1. The repeal of the rules is necessary in order to implement the transfer of administration of the Texas Private Security Board to the Department of Public Safety (DPS) as provided by Texas House Bill 28, 78th Legislature, 3rd Called Session (2003).

House Bill 28, provides that DPS shall administer the private security law through the Texas Private Security Board. In order to assume administration responsibilities, DPS is transferring the administrative regulations for private security from the current location in Title 22 of the Texas Administrative Code to the rules section of DPS contained in Title 37 of the Texas Administrative Code.

Tom Haas, Chief of Finance, has determined that for each year of the first five-year period the repeal is in effect there will be no fiscal implications for state or local government, or local economies.

Mr. Haas also has determined that for each year of the first five-year period the repeal is in effect the anticipated public benefit resulting from the adoption of the repeal will be current and updated rules relating to the administration of the Private Security Board rules and regulations. There is no anticipated cost to individuals, small businesses, or micro-businesses.

Comments on the repeal may be submitted to Cliff Grumbles, Texas Department of Public Safety, Regulatory Licensing Service, P.O. Box 4087, Austin, Texas 78773-0240, (512) 424-7711. Written comments will be accepted regarding the proposed repeal for 30 days after the date of publication.

The repeal is proposed pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Occupations Code, §1702.005, which provides that the department shall administer Chapter 1702 through the Texas Private Security Board; Texas Occupations Code, §1702.061, which provides for the adoption of rules and general policies; Texas Occupations Code, §1702.062, which provides that reasonable and necessary fees may be established by rule to produce sufficient revenue to administer the chapter; and Texas House Bill 1, 78th Legislature, Regular Session (2003), Article VIII, §4 and Article IX, §11.20.

Texas Government Code, §411.004(3), Texas Occupations Code, §§1702.005, 1702.061, and 1702.062, and Texas House Bill 1, 78th Legislature, Regular Session (2003), Article IX, §11.20 are affected by this proposal.

§441.1.Training--Personal Protection Officers.

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 June 22, 2004.

TRD-200404137

Thomas A. Davis, Jr.

Director, Texas Department of Public Safety

Texas Commission on Private Security

Earliest possible date of adoption: August 8, 2004

For further information, please call: (512) 424-2135

22 TAC §442.1

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Department of Public Safety or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Department of Public Safety proposes the repeal of Title 22, Examining Boards, Part 20, Texas Commission on Private Security, Chapter 442, §442.1, concerning Continuing Education. The repeal is proposed simultaneously with the proposal of new Chapter 35 to Texas Administrative Code, Title 37, Part 1. The repeal of the rules is necessary in order to implement the transfer of administration of the Texas Private Security Board to the Department of Public Safety (DPS) as provided by Texas House Bill 28, 78th Legislature, 3rd Called Session (2003).

House Bill 28, provides that DPS shall administer the private security law through the Texas Private Security Board. In order to assume administration responsibilities, DPS is transferring the administrative regulations for private security from the current location in Title 22 of the Texas Administrative Code to the rules section of DPS contained in Title 37 of the Texas Administrative Code.

Tom Haas, Chief of Finance, has determined that for each year of the first five-year period the repeal is in effect there will be no fiscal implications for state or local government, or local economies.

Mr. Haas also has determined that for each year of the first five-year period the repeal is in effect the anticipated public benefit resulting from the adoption of the repeal will be current and updated rules relating to the administration of the Private Security Board rules and regulations. There is no anticipated cost to individuals, small businesses, or micro-businesses.

Comments on the repeal may be submitted to Cliff Grumbles, Texas Department of Public Safety, Regulatory Licensing Service, P.O. Box 4087, Austin, Texas 78773-0240, (512) 424-7711. Written comments will be accepted regarding the proposed repeal for 30 days after the date of publication.

The repeal is proposed pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Occupations Code, §1702.005, which provides that the department shall administer Chapter 1702 through the Texas Private Security Board; Texas Occupations Code, §1702.061, which provides for the adoption of rules and general policies; Texas Occupations Code, §1702.062, which provides that reasonable and necessary fees may be established by rule to produce sufficient revenue to administer the chapter; and Texas House Bill 1, 78th Legislature, Regular Session (2003), Article VIII, §4 and Article IX, §11.20.

Texas Government Code, §411.004(3), Texas Occupations Code, §§1702.005, 1702.061, and 1702.062, and Texas House Bill 1, 78th Legislature, Regular Session (2003), Article IX, §11.20 are affected by this proposal.

§442.1.Continuing Education Courses.

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 June 22, 2004.

TRD-200404138

Thomas A. Davis, Jr.

Director, Texas Department of Public Safety

Texas Commission on Private Security

Earliest possible date of adoption: August 8, 2004

For further information, please call: (512) 424-2135

22 TAC §449.1

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Department of Public Safety or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Department of Public Safety proposes the repeal of Title 22, Examining Boards, Part 20, Texas Commission on Private Security, Chapter 449, §449.1, concerning Delegation of Authority. The repeal is proposed simultaneously with the proposal of new Chapter 35 to Texas Administrative Code, Title 37, Part 1. The repeal of the rules is necessary in order to implement the transfer of administration of the Texas Private Security Board to the Department of Public Safety (DPS) as provided by Texas House Bill 28, 78th Legislature, 3rd Called Session (2003).

House Bill 28, provides that DPS shall administer the private security law through the Texas Private Security Board. In order to assume administration responsibilities, DPS is transferring the administrative regulations for private security from the current location in Title 22 of the Texas Administrative Code to the rules section of DPS contained in Title 37 of the Texas Administrative Code.

Tom Haas, Chief of Finance, has determined that for each year of the first five-year period the repeal is in effect there will be no fiscal implications for state or local government, or local economies.

Mr. Haas also has determined that for each year of the first five-year period the repeal is in effect the anticipated public benefit resulting from the adoption of the repeal will be current and updated rules relating to the administration of the Private Security Board rules and regulations. There is no anticipated cost to individuals, small businesses, or micro-businesses.

Comments on the repeal may be submitted to Cliff Grumbles, Texas Department of Public Safety, Regulatory Licensing Service, P.O. Box 4087, Austin, Texas 78773-0240, (512) 424-7711. Written comments will be accepted regarding the proposed repeal for 30 days after the date of publication.

The repeal is proposed pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Occupations Code, §1702.005, which provides that the department shall administer Chapter 1702 through the Texas Private Security Board; Texas Occupations Code, §1702.061, which provides for the adoption of rules and general policies; Texas Occupations Code, §1702.062, which provides that reasonable and necessary fees may be established by rule to produce sufficient revenue to administer the chapter; and Texas House Bill 1, 78th Legislature, Regular Session (2003), Article VIII, §4 and Article IX, §11.20.

Texas Government Code, §411.004(3), Texas Occupations Code, §§1702.005, 1702.061, and 1702.062, and Texas House Bill 1, 78th Legislature, Regular Session (2003), Article IX, §11.20 are affected by this proposal.

§449.1.Executive Director.

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 June 22, 2004.

TRD-200404139

Thomas A. Davis, Jr.

Director, Texas Department of Public Safety

Texas Commission on Private Security

Earliest possible date of adoption: August 8, 2004

For further information, please call: (512) 424-2135

Chapter 573. RULES OF PROFESSIONAL CONDUCT

Subchapter C. RESPONSIBILITIES TO CLIENTS

22 TAC §573.27

The Texas Board of Veterinary Medical Examiners ("Board") proposes amendments to §573.27, concerning Observation of Confidentiality. This proposed amendment implements the statutory prohibition against a veterinarian releasing information concerning a patient to persons not authorized to receive the information. (Occupations Code §801.353) The amended section adds an exception to confidentiality based on §826.0211, Health and Safety Code, that allows information contained in a rabies certificate to be provided to a governmental entity only for purposes related to the protection of public health and safety. The amendments provide the public with up-to-date statutory requirements concerning confidentiality.

Mr. Ron Allen, Executive Director, has determined that for the first five-year period the amended 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. Allen has also determined that for the first five years the section is in effect the public benefit anticipated as a result of enforcing the amended section will be to enhance the public's awareness of its rights to confidentiality of patient records. There will be no effect on small businesses. There will be no economic cost to persons required to comply with the amended section as proposed.

Comments on the proposed amendments may be submitted in writing to Julie Barker, Texas Board of Veterinary Medical Examiners, 333 Guadalupe, Suite 3-810, Austin, Texas 78701, phone (512) 305-7555, fax (512) 305-7556, and must be received by August 16, 2004.

The amendments are proposed under the authority of the Veterinary Licensing Act, Texas Occupations Code, §801.151 (a) which states that the Board may adopt rules necessary to administer the chapter.

The amendments affect the Veterinary Licensing Act, Texas Occupations Code, §801.353 relating to confidentiality.

§573.27.Observance of Confidentiality.

(a) A veterinarian shall not violate the confidential relationship between the veterinarian and a client.

(b) Except as provided in subsection (c) of this section, a veterinarian shall not disclose any information concerning the veterinarian's care for an animal except:

(1) on written or oral authorization or other form of waiver executed by the client; or

(2) on receipt by the veterinarian of an appropriate court order or subpoena.

(c) A veterinarian may, without authorization by the client, disclose information contained in a rabies certificate to a governmental entity only for purposes related to the protection of public health and safety. [ In accordance with §18E of the Veterinary Licensing Act, a licensed veterinarian shall not violate the confidential relationship between the veterinarian and a client, and may not be required to disclose any information concerning the veterinarian's care for an animal except on written authorization or another form of waiver executed by the client or on receipt by the veterinarian of an appropriate court order, or subpoena duces tecum. Another form of waiver includes verbal authorization by the client. Confidentiality extends to care and treatment of the animal, but does not preclude the veterinarian from divulging the name and address of the animal owner to any health authority, veterinarian, or physician who requests the identity of the client for purposes of obtaining the information to verify rabies vaccinations or other treatment involving life threatening situations. ]

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 June 22, 2004.

TRD-200404162

Julie A. Barker

Executive Assistant

Texas Board of Veterinary Medical Examiners

Proposed date of adoption: October 14, 2004

For further information, please call: (512) 305-7555

22 TAC §573.70

The Texas Board of Veterinary Medical Examiners ("Board") proposes amendments to §573.70, concerning Operation of Temporary Limited Service Veterinary Services. This section provides requirements for veterinary clinics that provide vaccination and other services at a temporary location. The amendments change the period for which a veterinarian must maintain rabies vaccination records for these clinics, from three years to five years. This amendment is the result of changes in the rabies control program administered by the Texas Department of Health. The Health Department now requires that rabies records be retained for five years.

Mr. Ron Allen, Executive Director, has determined that for the first five-year period the amended 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. Allen has also determined that for the first five years the section is in effect the public benefit anticipated as a result of enforcing the amended section will be to provide consistency in regulations that overlap several agencies. There will be no effect on small businesses. There will be no economic cost to persons required to comply with the amended section as proposed.

Comments on the proposed amendments may be submitted in writing to Julie Barker, Texas Board of Veterinary Medical Examiners, 333 Guadalupe, Suite 3-810, Austin, Texas 78701, phone (512) 305-7555, fax (512) 305-7556, and must be received by August 16, 2004.

The amendments are proposed under the authority of the Veterinary Licensing Act, Texas Occupations Code, §801.151 (a) which states that the Board may adopt rules necessary to administer the chapter.

The amendments affect the Veterinary Licensing Act, Texas Occupations Code, §801.151, requiring the Board to protect the public health.

§573.70.Operation of Temporary Limited-Service Veterinary Services.

(a) Requirements for operation. Veterinarians operating temporary limited service clinics shall [ are required to ]:

(1) maintain sanitary conditions at the clinic site, including, but not limited to, removal of animal solid waste and sanitizing/disinfecting of urine and solid waste sites;

(2) provide injections [ inject ] with sterile disposal needles and syringes;

(3) utilize a non-porous table for examining and/or injecting small animals;

(4) maintain biologics and injectable medications between temperature ranges of 35 to 45 degrees Fahrenheit;

(5) perform and complete blood and fecal examinations before dispensing relevant federal legend medications;

(6) maintain rabies vaccination records for five years and treatment records for three years, indexed alphabetically by the client's [ owner's ] last name and by vaccination tag numbers, if issued; and

(7) provide clients with a printed form that contains the identity of the administering veterinarian and the address of the places where the records are to be maintained.

(b) (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 June 22, 2004.

TRD-200404163

Julie A. Barker

Executive Assistant

Texas Board of Veterinary Medical Examiners

Proposed date of adoption: October 14, 2004

For further information, please call: (512) 305-7555

22 TAC §575.27

The Texas Board of Veterinary Medical Examiners ("Board") proposes amendments to §575.27, concerning Complaints - Receipt, Investigation, and Disposition. This section sets out the process used by the Board in receiving and processing complaints. The section currently requires any complaints involving a violation of the statute or Board rules by a veterinarian to be reviewed by the Board secretary - a veterinarian - as part of the complaint processing. Since, however, the Board secretary's review of complaints is primarily to determine violations involving medical judgments and practice, it should not be necessary for him or her to review non-medical issues, such as the adequacy of continuing education hours or issues involving the proper display of credentials. The amendments remove the participation of the Board secretary in the review and consideration (usually at informal conferences) of non-medical issues and instead allow the Executive Director and staff to review these matters.

Mr. Ron Allen, Executive Director, has determined that for the first five-year period the amended 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. Allen has also determined that for the first five years the section is in effect the public benefit anticipated as a result of enforcing the amended section will be to reduce the time and expense to Board members of having to review non-medical cases. Travel time for the Board secretary will be reduced, and the turnaround time of cases will be improved. There will be no effect on small businesses. There will be no economic cost to persons required to comply with the amended section as proposed.

Comments on the proposed amendments may be submitted in writing to Julie Barker, Texas Board of Veterinary Medical Examiners, 333 Guadalupe, Suite 3-810, Austin, Texas 78701, phone (512) 305-7555, fax (512) 305-7556, and must be received by August 16, 2004.

The amendments are proposed under the authority of the Veterinary Licensing Act, Texas Occupations Code, §801.151 (a) which states that the Board may adopt rules necessary to administer the chapter.

The amendments affect the Veterinary Licensing Act, Texas Occupations Code, Chapter 801, Subchapter E, which requires the Board to develop and implement a complaint procedure.

§575.27.Complaints--Receipt, Investigation and Disposition.

(a) - (b) (No change.)

(c) Investigation of complaints.

(1) - (6) (No change.)

(7) Upon the completion of an investigation, the director of enforcement shall present to the executive director a report of investigation (ROI) and a conclusion as to the probability that a violation(s) exists. If the executive director determines from the ROI that the probability of a violation involving medical judgment or practice exists, the director of enforcement shall forward a copy of the complaint file to the board secretary, who will determine whether or not the complaint should be closed, further investigation is warranted, or if the licensee should be invited to respond to the complaint at an informal conference at the board offices. If the probable violation does not involve medical judgment or practice, the executive director shall not forward the complaint file to the board secretary, and the executive director shall determine whether or not the complaint should be closed, further investigation is warranted, or if the licensee should be invited to respond to the complaint at an informal conference at the board offices. If the board secretary or executive director determines that a violation has not occurred, the executive director or director of enforcement shall notify the complainant and licensee in writing of the conclusion and that the complaint is dismissed.

(8) If the board secretary or executive director concludes that a probable violation(s) does exist, the executive director shall invite the licensee in writing to an informal conference to discuss the complaint made against the licensee. The letter invitation shall be mailed by certified mail, return receipt requested, and must include a list of the specific allegations of the complaint.

(d) Informal conferences

(1) (No change.)

(2) The board may be represented at the informal conference by a committee of the executive director, the board secretary (if the complaint involves medical judgement or practice) , the [ board's ] director of enforcement, the investigator assigned to the complaint, the board's legal counsel and a public member of the board. The complainant and the licensee and the licensee's legal counsel may attend the conference. Any other attendees are allowed at the discretion of the executive director. The executive director or the director of enforcement shall conduct the conference. The board secretary, with the advice of the other members of the committee, determines the recommended disposition of a [ the ] complaint involving medical judgment or practice .

(3) (No change.)

(4) At the conclusion of the informal conference, the board secretary or executive director, as appropriate, shall determine if a violation has occurred. If the board secretary or executive director determines that a violation has not occurred, the board secretary or executive director will dismiss the complaint, and will advise all parties of the decision and the reasons why the complaint was dismissed.

(5) If the board secretary or executive director determines that a violation has occurred and that disciplinary action is warranted, the board secretary or executive director will advise the licensee of the alleged violations and offer the licensee a settlement in the form of an agreed order that specifies the disciplinary action and monetary penalty. The board secretary or executive director must inform the licensee that the licensee has a right to a hearing before an administrative law judge on the finding of the occurrence of the violation, the type of disciplinary action, and/or the amount of the recommended penalty.

(6) Within 20 days after the date the licensee receives the settlement offer, the licensee must submit a written response to the board

(A) accepting the [ board secretary's ] settlement offer and recommended disciplinary action, or

(B) (No change.)

(7) (No change.)

(e) - (h) (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 June 22, 2004.

TRD-200404164

Julie A. Barker

Executive Assistant

Texas Board of Veterinary Medical Examiners

Proposed date of adoption: October 14, 2004

For further information, please call: (512) 305-7555

22 TAC §577.17

The Texas Board of Veterinary Medical Examiners ("Board") proposes amendments to §577.17, concerning Purchasing Protest Procedures. This section, as required by law, incorporates by reference rules regarding how to file protests to purchasing procedures developed by the Texas Building and Procurement Commission. The amendments change the old name of the agency, the General Services Commission, to the current name, the Texas Building and Procurement Commission.

Mr. Ron Allen, Executive Director, has determined that for the first five-year period the amended 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. Allen has also determined that for the first five years the section is in effect the public benefit anticipated as a result of enforcing the amended section will be to make the public aware of the name change of the agency which developed the purchasing protest rules. There will be no effect on small businesses. There will be no economic cost to persons required to comply with the amended section as proposed.

Comments on the proposed amendments may be submitted in writing to Julie Barker, Texas Board of Veterinary Medical Examiners, 333 Guadalupe, Suite 3-810, Austin, Texas 78701, phone (512) 305-7555, fax (512) 305-7556, and must be received by August 16, 2004.

The amendments are proposed under the authority of the Veterinary Licensing Act, Texas Occupations Code, §801.151 (a) which states that the Board may adopt rules necessary to administer the chapter.

The amendments affect the Government Code, §2155.076, which requires the Board to adopt rules for purchasing protest procedures.

§577.17.Purchasing Protest Procedures.

The Board [ Texas State Board of Veterinary Medical Examiners ] adopts by reference the rules promulgated by the Texas Building and Procurement Commission [ General Services Commission ] regarding purchasing protest procedures as set forth in Subchapter A of 1 TAC §111.3 . [ Chapter 111 of Title 1 of the Texas Administrative Code ]

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 June 22, 2004.

TRD-200404165

Julie A. Barker

Executive Assistant

Texas Board of Veterinary Medical Examiners

Proposed date of adoption: October 14, 2004

For further information, please call: (512) 305-7555

22 TAC §577.18

The Texas Board of Veterinary Medical Examiners ("Board") proposes amendments to §577.18, concerning Historically Underutilized Businesses. This section, as required by law, incorporates by reference rules regarding historically underutilized businesses (HUB's) developed by the Texas Building and Procurement Commission. The amendments change the old name of the agency, the General Services Commission, to the current name, the Texas Building and Procurement Commission.

Mr. Ron Allen, Executive Director, has determined that for the first five-year period the amended 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. Allen has also determined that for the first five years the section is in effect the public benefit anticipated as a result of enforcing the amended section will be to make the public aware of the name change of the agency that developed the HUB rules. There will be no effect on small businesses. There will be no economic cost to persons required to comply with the amended section as proposed.

Comments on the proposed amendments may be submitted in writing to Julie Barker, Texas Board of Veterinary Medical Examiners, 333 Guadalupe, Suite 3-810, Austin, Texas 78701, phone (512) 305-7555, fax (512) 305-7556, and must be received by August 16, 2004.

The amendments are proposed under the authority of the Veterinary Licensing Act, Texas Occupations Code, §801.151 (a) which states that the Board may adopt rules necessary to administer the chapter.

The amendments affect the Government Code, §2161.003, which requires the Board to adopt by reference the Commission's HUB rules.

§577.18.Historically Underutilized Businesses.

The Board [ Texas State Board of Veterinary Medical Examiners ] adopts by reference the rules promulgated by the Texas Building and Procurement Commission [ General Services Commission ] which are set forth in Subchapter B of 1 TAC §§111.11 - 111.28 [ 111.24 ] regarding the Historically Underutilized Business Program.

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 June 22, 2004.

TRD-200404166

Julie A. Barker

Executive Assistant

Texas Board of Veterinary Medical Examiners

Proposed date of adoption: October 14, 2004

For further information, please call: (512) 305-7555