Part 21.
TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS
Chapter 473.
FEES
22 TAC §473.3
The Texas State Board of Examiners of Psychologists proposes
amendments to §473.3, concerning Annual Renewal Fees (Not Refundable).
These amendments are being proposed to correct implementation of HB 2985 which
requires the agency to raise annual licensure renewal fees.
Sherry L. Lee, Executive Director, has determined that 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 enforcing or administering the rule.
Ms. Lee also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be to make the rules adhere to legislative mandate. There will
be no effect on small businesses. There is no anticipated economic cost to
persons who are required to comply with the rule as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, TX
78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
The proposed amendment does not affect other statutes, articles, or codes.
§473.3.Annual Renewal Fees (Not Refundable).
(a)
Psychological Associate Licensure--$91.
(b)
Psychological Associate Licensure over the age of 70--$16.
(c)
Provisionally Licensed Psychologist--$86.
(d)
Provisionally Licensed Psychologist over the age of 70--$16.
(e)
Psychologist Licensure--$181.
(f)
Psychologist Licensure over the age of 70--$16.
(g)
Psychologist Health Service Provider Status--
$20
[
(h)
Psychologist Health Service Provider status over the age
of 70--No Fee.
(i)
Licensed Specialist in School Psychology--$34.
(j)
Licensed Specialist in School Psychology over the age of
70--$14.
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 February 19, 2004.
TRD-200401167
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: April 4, 2004
For further information, please call: (512) 305-7700
22 TAC §473.5
The Texas State Board of Examiners of Psychologists proposes
amendments to §473.5, concerning Miscellaneous Fees (Not Refundable).
These amendments are being proposed to clarify miscellaneous fees.
Sherry L. Lee, Executive Director, has determined that 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 enforcing or administering the rule.
Ms. Lee also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be to make the rules simplier. There will be no effect on small
businesses. There is no anticipated economic cost to persons who are required
to comply with the rule as proposed.
Comments on the proposal may be submitted to Brenda Skiff, Texas State
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, TX
78701, (512) 305-7700.
The amendments are proposed under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
The proposed amendment does not affect other statutes, articles, or codes.
§473.5.Miscellaneous Fees (Not Refundable).
(a) - (f)
(No change.)
[(g)
Application packets--$5.]
(g)
[
(h)
[
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 February 19, 2004.
TRD-200401168
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Earliest possible date of adoption: April 4, 2004
For further information, please call: (512) 305-7700
Chapter 535.
GENERAL PROVISIONS
Subchapter E. REQUIREMENTS FOR LICENSURE
22 TAC §535.51
The Texas Real Estate Commission (TREC) proposes amendments
to §535.51, concerning general requirements for licensure. The amendments
propose to adopt by reference changes to two real estate broker application
forms and one salesperson application form to change the fees referenced in
the forms. The amendments to the fee provisions in the forms are proposed
in conjunction with Government Code Chapter 2054, Subchapter I, Section 2054.252,
which requires TREC to participate in an electronic system using the Internet
for licensing applications and renewals. Section 2054.252 requires TREC to
pay a subscription fee to the TexasOnline Authority for participation and
to increase application and renewal fees to cover the cost of the subscription
fees charged by the TexasOnline Authority. The proposed revisions include
an additional $2 fee for salesperson original applications, and an additional
$5 for individual broker original applications and broker late renewal applications.
The proposed fee increases will apply to each license type when online application
for each license type is effectuated in conjunction with TexasOnline. The
$2 will apply to salesperson original applications as of May 10, 2004. The
proposed fee increase of $5 will apply June 1, 2004 to broker original applications
and September 1, 2004 to broker late renewal applications.
Loretta R. DeHay, general counsel, has determined that for the first five-year
period the sections are in effect there will be no fiscal implications for
the state as a result of enforcing or administering the sections. There are
no anticipated fiscal implications for units of local government. There is
no anticipated impact on small businesses, micro businesses or local or state
employment as a result of implementing the sections. Ms. DeHay also has determined
that for each year of the first five years the sections as proposed are in
effect the public benefit anticipated as a result of enforcing the sections
will be a streamlined application filing process. There is no anticipated
economic cost to persons who are required to comply with the proposed sections.
Comments on the proposal may be submitted to Loretta R. DeHay, General
Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.
The amendments are proposed under Texas Occupations Code, §1101.151,
which authorizes the Texas Real Estate Commission to make and enforce all
rules and regulations necessary for the performance of its duties and to establish
standards of conduct and ethics for its licensees in keeping with the purposed
and intent of the Act to insure compliance with the provisions of the Act
and Government Code section 2054.252(g) which requires TREC to increase occupational
license issuance or renewal fees by an amount sufficient to cover the cost
of the subscription fee imposed on TREC under subsection (e) of section 2054.252.
The statutes affected by this proposal is Texas Occupations Code, Chapter
1101, and Texas Government Code, Chapter 2054. No other statute, code or article
is affected by the adopted amendments.
§535.51.General Requirements.
(a)-(d)
(No change.)
(e)
The commission adopts by reference the following forms
approved by the commission which are published by and available from the Texas
Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188:
(1)
Effective June 1, 2004, application
[
(2)
(No change.)
(3)
Effective September 1, 2004, application
[
(4)
(No change.)
(5)
Application for Real Estate Salesperson License, TREC Form
SL-
10
[
(6)-(10)
(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 February 13, 2004.
TRD-200401071
Loretta DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: April 4, 2004
For further information, please call: (512) 465-3900
22 TAC §535.65
The Texas Real Estate Commission (TREC) proposes amendments
to §535.65 concerning changes in ownership or operation of school; presentation
of courses. The amendment to §535.65(d) would permit accredited real
estate schools to request MCE credit to be given to instructors of real estate
core courses by filing a completed MCE Form 11-3, Instructor Credit Request.
Currently, schools are required to request credit on school letterhead. The
change would provide consistency in the credit application process as it would
make the process similar to §535.72(m) which permits continuing education
providers to request MCE credit to be given to MCE instructors. The amendment
to §535.65(j) permits a school to provide a roster of students who take
alternate delivery method or correspondence courses 10 days after the end
of the month in which the course was taken.
Loretta R. DeHay, general counsel, has determined that for the first five-year
period the section is in effect there will be no fiscal implications for the
state as a result of enforcing or administering the sections. There are no
anticipated fiscal implications for units of local government. There is no
anticipated impact on small businesses, micro businesses or local or state
employment as a result of implementing the sections.
Ms. DeHay also has determined that for each year of the first five years
the sections as proposed are in effect the public benefit anticipated as a
result of enforcing the sections will be consistency in the credit approval
process. There is no anticipated economic cost to persons who are required
to comply with the proposed sections.
Comments on the proposal may be submitted to Loretta R. DeHay, General
Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.
The amendments are proposed under Texas Occupations Code, §1101.151,
which authorizes the Texas Real Estate Commission to make and enforce all
rules and regulations necessary for the performance of its duties and to establish
standards of conduct and ethics for its licensees in keeping with the purposed
and intent of the Act to insure compliance with the provisions of the Act.
The statute affected by this proposal is Texas Occupations Code, Chapter
1101. No other statute, code or article is affected by the adopted amendments.
§535.65.Changes in Ownership or Operation of School; Presentation of Courses, Advertising, and Records.
(a)-(c)
(No change.)
(d)
Instructors.
(1)-(4)
(No change.)
(5)
Schools may request MCE credit be given to instructors
of real estate core courses subject to the following guidelines.
(A)
The instructors may receive credit for only those portions
of the course which they teach
by filing a completed MCE Form 11-3, Instructor
Credit Request
.
(B)
(No change.)
(e)-(h)
(No change.)
(i)
Course credit and records.
(1)
Within ten days following the completion of other than
an alternative delivery method course
or correspondence course
,
a school shall provide the commission with a class roster in a format approved
by the commission. For an alternative delivery method course
or correspondence
course
, a school shall provide a roster of those students completing
the course within 10 days after the end of the month in which the student
completed the course. The listing of students must be numbered and in alphabetical
order, with each student's last name shown first, and must show after each
student's name the final grade of either passed, failed, incomplete, or dropped,
in language or symbols that can be correlated with these categories. The school
shall explain any other grade concisely but clearly. The school shall list
all instructors used in the course on the roster.
(A)-(D)
(No change.)
(2)-(5)
(No change.)
(j)
(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 February 13, 2004.
TRD-200401072
Loretta DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: April 4, 2004
For further information, please call: (512) 465-3900
22 TAC §535.101
The Texas Real Estate Commission (TREC) proposes amendments
to §535.101, concerning fees paid by licensees and applicants.
The amendments to subsections 535.101(b)(1)-(3) are proposed in conjunction
with Government Code Chapter 2054, Subchapter I, Section 2054.252, which requires
TREC to participate in an electronic system using the Internet for licensing
applications and renewals. Section 2054.252 requires TREC to pay a subscription
fee to the TexasOnline Authority for participation and to increase application
and renewal fees to cover the cost of the subscription fees charged by the
TexasOnline Authority. The proposed revisions include an additional $5 fee
for a corporation broker renewal, $2 fee for salesperson original applications,
and $5 for individual broker original applications and broker late renewal
applications. The proposed fee increases will apply to each license type when
online application in conjunction with TexasOnline is effectuated. The $2
will apply to salesperson original applications as of May 10, 2004. The proposed
fee increase of $5 will apply June 1, 2004 to broker original applications
and September 1, 2004 to broker late renewal applications. An increase of
$2.50 for annual renewal of a real estate broker corporation license will
apply on September 1, 2004.
Alan Waters, staff services director, has determined that for the first
five-year period revisions to section 535.101 are in effect there will be
fiscal implications for the state. Revenue from fees received for broker and
salesperson original applications is anticipated to increase $8,962.00 for
Fiscal Year 2004. Revenue from fees received for broker original applications
(including late renewals), corporation renewals, and salesperson original
applications is anticipated to increase $45,255.00 for Fiscal Year 2005 and
for each year of the five year period following adoption of the amendment.
No fiscal implications are anticipated for units of local government as a
result of enforcing or administering the section. There is no anticipated
impact on small businesses, micro businesses or local or state employment
as a result of implementing the section.
Loretta R. DeHay, general counsel, has determined that for each year of
the first five years the section as proposed is in effect the public benefit
anticipated as a result of enforcing the section will be conforming TREC rules
with statutory requirements of Government Code Chapter 2054. The anticipated
economic cost to persons who are required to comply with the proposed section
is an additional $5 fee for a corporation broker renewal, $2 fee for salesperson
applications, and $5 for individual broker applications and late renewal applications.
Comments on the proposal may be submitted to Loretta R. DeHay, General
Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.
The amendments are proposed under Texas Occupations Code, §1101.151,
which authorizes the Texas Real Estate Commission to make and enforce all
rules and regulations necessary for the performance of its duties and to establish
standards of conduct and ethics for its licensees in keeping with the purposed
and intent of the Act to insure compliance with the provisions of the Act
and Government Code section 2054.252(g) which requires each licensing entity
to shall increase the occupational license issuance or renewal fees imposed
by the licensing entity by an amount sufficient to cover the cost of the subscription
fee imposed on the licensing entity under subsection (e).
The statutes affected by this proposal is Texas Occupations Code, Chapter
1101, and Texas Government Code, Chapter 2054. No other statute, code or article
is affected by the adopted amendments.
§535.101.Fees.
(a)
(No change.)
(b)
The commission shall charge and collect the following fees:
(1)
a fee
not to exceed
[
(2)
a fee
not to exceed
[
(3)
a fee
not to exceed
[
(4) - (14)
(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 February 13, 2004.
TRD-200401073
Loretta DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: April 4, 2004
For further information, please call: (512) 465-3900
22 TAC §§535.212, 535.218, 535.223
The Texas Real Estate Commission (TREC) proposes amendments
to §§535.212 concerning education and experience requirements for
an inspector license, 535.218 concerning continuing education, and 535.223
concerning standard inspection reports.
The amendments to §535.212 are proposed in conjunction with the passage
of H.B. 1508 by the 78th Legislature (2003), which, in part amended Texas
Occupations Code section 1102.111 to increase from 60 to 320 the number of
additional classroom hours that the commission may require of inspector applicants
for substitution of additional education in lieu of the number of inspections
and previous licensure requirements for licensing. An applicant for a real
estate inspector or professional inspector license may substitute professional
experience ("alternate experience") or additional education ("alternate education")
in lieu of the number of real estate inspections required by Chapter 1102,
Texas Occupations Code and in lieu of the requirement that the applicant has
previously been licensed for a specified time as an apprentice inspector or
a real estate inspector. Under section 1102.111 the alternate education requirement
may not exceed 320 hours. In addition, under Chapter 1102, the commission
by rule may specify the length and content of core courses, including alternate
education courses under section 1102.111.
The Real Estate Inspector Committee has recommended that the Commission
increase the alternate education requirements for applicants for a professional
inspector license that would require 320 additional education hours for professional
inspector applications submitted after January 1, 2005. The alternate education
hours would be in addition to the hours required under the traditional track
application process. Thus, a professional inspector applicant under the proposed
alternate education track would be required to have completed 128 hours in
core education courses and 320 additional education hours.
Professional Inspector applicants under the alternate education track would
be required to take specific courses with the course content and length as
defined in the proposed rule. The alternate education courses would be considered
core education courses for purposes of licensure through traditional track
licensure, but applicants could not use the alternate education courses more
than once. In addition, a course approved to satisfy the additional education
requirements could be used by a licensee to satisfy continuing education requirements
as long as the licensee completed the full course.
The Real Estate Inspector Committee recommends these changes to the Commission
due to concerns that applicants for professional inspector licenses who apply
based on additional education do not have sufficient education or experience
compared to those who apply through the traditional process which requires
both education and experience, or the alternate experience process which requires
both traditional education requirements and additional experience in related
construction fields.
The proposed amendments to §535.218 would permit currently licensed
inspectors to use a course approved as an alternate education course to satisfy
continuing education requirements as long the as the licensee attended the
entire course.
The proposed amendments to §535.223 would exempt an inspector licensee
who conducts a code compliance inspection of a new home for a builder from
using the standard inspection report form if the builder required use of the
builder's form and the inspector included a specific disclosure in the alternate
form which addresses the differences between a standard inspection and an
inspection conducted under the exemption.
Loretta R. DeHay, general counsel, has determined that for the first five-year
period the section is in effect there will be no fiscal implications for the
state as a result of enforcing or administering the sections. There are no
anticipated fiscal implications for units of local government. There is no
anticipated impact on small businesses, micro businesses or local or state
employment as a result of implementing the sections.
Ms. DeHay also has determined that for each year of the first five years
the sections as proposed are in effect the public benefit anticipated as a
result of enforcing the sections will be better educated licensed professional
inspectors who become licensed under the alternate education track under Chapter
1102. The anticipated economic cost to persons who are required to comply
with the proposed sections would be the cost of taking the additional education
hours for licensure as a professional inspector under the alternate education
track.
Comments on the proposal may be submitted to Loretta R. DeHay, General
Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.
The amendments are proposed under Texas Occupations Code, §1101.151,
which authorizes the Texas Real Estate Commission to make and enforce all
rules and regulations necessary for the performance of its duties and to establish
standards of conduct and ethics for its licensees in keeping with the purposed
and intent of the Act to insure compliance with the provisions of the Act.
The statute affected by this proposal is Texas Occupations Code, Chapter
1102. No other statute, code or article is affected by the adopted amendments.
§535.212.Education and Experience Requirements for an Inspector License.
(a)
Education requirements.
(1)
To be accepted for inspector licensing, a course must meet
each of the following requirements.
(A)
The course was devoted to a subject listed in Texas
Occupations Code, Section 1102.001(5)
[
(B)-(E)
(No change.)
(2)-(3)
(No change.)
(4)
Providers may obtain prior approval of a classroom course
by submitting the following items to the commission:
(A)-(B)
(No change.)
(C)
a copy of any textbook, course outline, syllabus or other
written course material provided to students; [
(D)
a cross reference to the course material which demonstrates
in a manner that is satisfactory to the commission where the required subject
matter is covered in the course; and
(E)
a copy of the written final examination which
measures a student's mastery of the course.
(5)
The following subjects shall
be considered core real estate inspection courses for purposes of additional
education requirements under subsection (b)(1)(B) of this section.
(A)
Foundations, which shall include the following
topics:
(i)
site analysis/location;
(ii)
grading;
(iii)
foundations;
(iv)
flat work;
(v)
material;
(vi)
foundation walls;
(vii)
foundation drainage;
(viii)
foundation waterproofing and damp proofing;
(ix)
columns; and
(x)
under floor space.
(B)
Roof Systems, which shall include the following
topics:
(i)
review - rafters, roof joist, ceiling joist,
collar ties, knee walls, purling, trusses, wood I joist, roof sheathing, steel
framing
(ii)
roof water control;
(iii)
skylights;
(iv)
flashing;
(v)
ventilation/non-ventilation;
(vi)
attic access;
(vii)
re-roofing;
(viii)
slopes -step roof/low slope/near flat;
(ix)
materials -asphalt, fiberglass, wood shake,
wood shingle, slate, clay tile, concrete tile, fiber cement (asbestos cement,
mineral cement), metal, roll, build up, modified bitumen, synthetic rubber
(EPDM), plastic (PVC); and
(x)
valleys.
(C)
Framing, which shall include the following topics:
(i)
flashing;
(ii)
wood frame - stick/balloon;
(iii)
roof structure - rafters/trusses;
(iv)
floor structure;
(v)
porches/decks/steps/landings/balconies;
(vi)
doors;
(vii)
ceilings;
(viii)
interior walls;
(ix)
stairways;
(x)
guardrails/handrails/balusters;
(xi)
fireplace/chimney;
(xii)
sills/columns/beams/joist/sub-flooring;
(xiii)
wall systems/structure -headers;
(xiv)
rammed earth;
(xv)
straw bale;
(xvi)
ICF;
(xvii)
panelized;
(xviii)
masonry;
(xix)
wood I joist;
(xx)
roof sheathing;
(xxi)
wood wall;
(xxii)
steel wall;
(xxiii)
wood structural panel; and
(xiv)
conventional concrete.
(D)
Electrical Systems, which shall include the
following topics:
(i)
general requirements, equipment location and
clearances;
(ii)
electrical definitions;
(iii)
services;
(iv)
branch circuit and feeder requirements;
(v)
wiring methods;
(vi)
power and lights distribution;
(vii)
devices and light fixtures; and
(viii)
swimming pool.
(E)
HVAC Systems which shall include the following
topics:
(i)
heating;
(ii)
ventilation;
(iii)
air conditioning; and
(iv)
evaporative coolers.
(F)
Plumbing, which shall include the following
topics:
(i)
water supply systems;
(ii)
fixtures;
(iii)
drains;
(iv)
vents;
(v)
water heaters (gas and electric);
(vi)
gas lines; and
(vii)
hydro-therapy equipment.
(G)
Building Enclosure, which shall include the
following topics:
(i)
review of foundation and roofing relation;
(ii)
review of flashing;
(iii)
cladding;
(iv)
windows/glazing;
(v)
weather barriers;
(vi)
vapor barriers;
(vii)
insulation;
(viii)
energy codes; and
(ix)
ingress/egress.
(H)
Appliances, which shall include the following
topics:
(i)
dishwasher;
(ii)
food waste disposer;
(iii)
kitchen exhaust hood;
(iv)
range, cooktop, and ovens (electric and gas);
(v)
microwave cooking equipment;
(vi)
trash compactor;
(vii)
bathroom exhaust fan and heater;
(viii)
whole house vacuum systems;
(ix)
garage door operator;
(x)
doorbell and chimes; and
(xi)
dryer vents.
(I)
Standards of Practice/Legal/Ethics, which shall
include the following topics:
(i)
review of general principals;
(ii)
inspection guidelines for structural systems;
(iii)
inspection guidelines for mechanical systems;
(iv)
inspection guidelines for electrical systems;
(v)
inspection guidelines for optional systems;
(vi)
ethics; and
(vii)
legal
(J)
Standard Report Form/Report Writing, which shall
include the following topics:
(i)
required use of report form REI 7A-0;
(ii)
allowed reproductions;
(iii)
allowed changes;
(iv)
exceptions from use of the form;
(v)
review of typical comments for each heading
in the report; and
(iv)
review of generally accepted technical writing
techniques.
(K)
Other Approved Courses as they relate to real
estate inspections, which shall include the following topics:
(i)
Environmental Protection Agency;
(ii)
Consumer Product Safety Commission; and
(iii)
general business practices.
(6)
A course approved to satisfy
the additional education hours required by subsection (b)(1)(B) of this section
in lieu of the number of real estate inspections required by Chapter 1102,
Texas Occupations Code, and in lieu of the requirement that the applicant
has previously been licensed for a specified time as an apprentice inspector
or a real estate inspector must meet each of the following requirements.
(A)
The course must cover one subject only.
(B)
The course must include all the topics as described
for each subject under subsection (a)(5) of this section.
(C)
The total hours of credit to be awarded for
the course must be equal to the hours required for each subject under subsection
(b)(1)(B) of this section.
(7)
A course that combines more
than one subject into a composite course may be approved by the commission
to satisfy core course education requirements under Texas Occupations Code §§1102.108
and 1102.109; however, composite courses will not satisfy the additional education
requirements to obtain a professional inspector license under Texas Occupations
Code §1102.111 and subsection (b)(1)(B) of the section.
(8)
A course approved under subsection
(a)(5) of this section may not be used more than once by an applicant to satisfy
education course requirements under Texas Occupations Code §§1102.108
and 1102.109, and additional education course requirements under Texas Occupations
Code §1102.111.
(9)
An applicant must not have
completed more than one course with substantially the same course content
within a two year period.
(b)
Experience
and additional education
requirements.
(1)
An applicant may substitute the following experience or
additional education in lieu of the number of real estate inspections required
by [
(A)
For a real estate inspector license, the applicant must
have completed at least 30 additional hours of core real estate inspection
courses acceptable to the commission, with at least 10 hours of credit each
for the structural, mechanical (including appliances, plumbing, and HVAC components)
and electrical systems found in improvements to real property, or the applicant
must provide documentation satisfactory to the commission to establish that
the person has been licensed or registered at least three years as an architect,
professional engineer, or engineer-in-training, or has at least five years
of personal experience inspecting, installing, servicing, repairing or maintaining
each of the structural, mechanical and electrical systems found in improvements
to real property. Documentation of experience must
include two reference
letters
[
(B)
Prior to January 1, 2005, for
[
(C)
Effective January 1, 2005,
for a professional inspector license, the applicant must have completed at
least 320 additional hours of education acceptable to the commission. The
additional 320 education hours must include 45 hours in Foundation Systems,
40 hours in Roof Systems, 45 hours in Framing, 40 hours in Electrical Systems,
40 hours in HVAC Systems, 40 hours in plumbing, 20 hours in Building Enclosure,
10 hours in Appliances, 15 hours in Standards of Practice/Legal/Ethics,15
hours in Standard Report Form/Report Writing, and 10 hours of other approved
courses or provide documentation satisfactory to the commission to establish
that the person has been licensed or registered at least five years as an
architect, professional engineer, or engineer-in-training, or has at least
seven years of personal experience inspecting, installing, servicing, repairing
or maintaining each of the structural, mechanical and electrical systems found
in improvements to real property. Documentation of experience must include
two reference letters from persons other than the applicant who have personal
knowledge of the applicant's occupation and work.
(2)
(No change.)
§535.218.Continuing Education.
(a)
Except as provided by this section, core real estate inspection
courses submitted by professional inspectors or real estate inspectors to
satisfy the requirements of Texas
Occupations Code §1102.205
[
(b)-(d)
(No change.)
(e)
In addition to the core real estate inspection courses
defined in
Texas Occupations Code, §1102.001(5) and §§535.212
of this title
[
(f)-(g)
(No change.)
(h)
The commission will accept
a course approved to satisfy the additional education hours required by §535.212(b)(1)(B)
of this title to satisfy continuing education requirements, provided that
the licensee attends the entire course.
§535.223.Standard Inspection Reports.
(a)-(d)
(No change.)
(e)
This section does not apply to [
[
(f)
[
(g)
This section does not apply to the following:
(1)
[
(2)
[
(3)
[
[
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 February 13, 2004.
TRD-200401074
Loretta DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: April 4, 2004
For further information, please call: (512) 465-3900
Chapter 761.
PERFUSIONISTS
22 TAC §§761.2, 761.3, 761.12, 761.13, 761.15, 761.17, 761.19 - 761.21
The Texas State Board of Examiners of Perfusionists (board)
proposes amendments to §§761.2-761.3, 761.12-761.13, 761.15, 761.17,
and 761.19, and new §761.20 and §761.21, concerning the licensure
of and regulation of Perfusionists.
Specifically, the amendments cover language on policy against discrimination;
fees; clarification on student loan default; update continuing education requirements
to follow the American Board of Cardiovascular Perfusion; administrative penalties
for a violation; delete the word "settlement" in an informal disposition;
and amend language regarding non-payment of child support. New §§761.2-761.21
cover relevant factors and severity level and sanction guide.
The amendments are necessary to implement House Bill 2985, 78th Legislature,
2003, which added Occupations Code, Chapter 101, Subchapter G, which established
the Office of Patient Protection and requires additional fees to fund it;
Senate Bill 1152, 78th Legislature, 2003, which amends Government Code, Chapter
2054, to require participation in Texas Online; and Senate Bill 161, 78th
Legislature, 2003, which amends Occupations Code, Chapter 603, relating to
emergency suspensions and administrative penalties. The licensing fee amendments
are required as a result of revisions to the Health and Safety Code, Chapter
12, §§12.0111 and 12.0112, pursuant to House Bill 2292, 78th Legislature,
2003.
Pam Kaderka, Executive Secretary of the board, has determined that for
each of the first five years the sections will be in effect there will be
fiscal implications for state or local government as a result of enforcing
or administering the sections as proposed. The estimated increase in general
revenue cannot be established because the number of persons required to comply
with the proposed sections cannot be determined. For all applications and
renewal applications; the department is authorized to collect subscription
and convenience fees, in amounts determined by the Texas Online Authority,
to recover costs associated with application and renewal application processing
through Texas Online.
Ms. Kaderka has also determined that for each of the first five years the
proposed sections are in effect, the public benefit anticipated as a result
of enforcing the sections as proposed will be to ensure the appropriate regulation
of respiratory therapists. There will be no impact on small businesses or
micro-businesses. The cost to persons required to comply with the sections
would be $40 for student loan default reinstatement. There is no anticipated
impact on local employment.
Comments on the proposal may be submitted to Pam Kaderka, Executive Secretary,
Texas State Board of Examiners of Perfusionists, 1100 West 49th Street, Austin,
Texas 78756-3183, (512) 834-6751. Comments will be accepted for 30 days following
publication of the proposal in the
Texas Register
.
The amendments and new sections are proposed under Texas Occupations
Code, Chapter 603, which provides the Texas State Board of Examiners of Perfusionists
with the authority to adopt rules concerning the regulation of perfusion.
The amendments and new sections affect the Texas Occupations Code, Chapter
603.
§761.2.The Board's Organization and Administration.
(a) - (d)
(No change.)
(e)
Policy against discrimination. The board shall make
no decision
[
(f) - (q)
(No change.)
(r)
Fees.
(1)
The board has established reasonable and necessary fees
to provide the funds to support the activities listed in paragraph
(4)
[
(2)
For all applications and renewal
applications, the board will authorized to collect subscription and convenience
fees, in amounts determined by the Texas Online Authority, to recover costs
associated with application and renewal application processing through Texas
Online.
(3)
For all applications and renewal
applications, the board will authorized to collect fees to fund the Office
of Patient Protection, Health Professions Council, as mandated by law.
(4)
[
(A)
application and initial license fees--$175;
(B)
license fee for upgrade of provisional licensed perfusionist--$75;
(C)
a license issued for a one-year
term--$175;
(D)
a license issued for a two-year
term--$350;
[
(E)
[
(F)
[
(G)
[
(H)
student loan default reinstatement
fee--$40; and
(I)
[
(5)
[
(6)
[
(7)
[
(8)
[
(9)
[
(s)
(No change.)
§761.3.Professional and Ethical Conduct.
(a)
Code of ethics. These rules shall constitute a code of
ethics as authorized by the Act, §603.151(6).
(1)
(No change.)
(2)
Professional relationships.
(A) - (D)
(No change.)
(E)
A licensee shall practice perfusion without discrimination
based on race, creed, gender, religion, national origin, age
, sexual
orientation, or genetic information
.
(F) - (G)
(No change.)
(3) - (4)
(No change.)
(b) - (c)
(No change.)
§761.12.License Renewal.
(a)
General.
(1)
(No change.)
(2)
A licensee must renew the license annually
or biannually,
as determined by the board
.
(3) - (7)
(No change.)
(8)
A licensee who has been notified
of a student loan default shall surrender their license until the loan payment
has been resolved to the satisfaction of the National Student Loan Center.
(9)
A licensee shall pay a reinstatement
fee as set out in §761.2 of this title (relating to The Board's Organization
and Administration) prior to issuance of the license under this section.
(b) - (e)
(No change.)
§761.13.Minimum Continuing Education Requirements.
(a)
(No change.)
(b)
Completion of CE requirements without current certification
by the ABCP. Licensed perfusionists without current certification by the ABCP
at the time of license renewal must meet the following criteria.
(1) - (2)
(No change.)
(3)
One CEU or contact hour activity is defined as 50 minutes
spent in an organized, structured or unstructured learning experience. Categories
of CEU activities are:
(A) - (C)
(No change.)
(D)
A minimum of 40 clinical perfusions per year are required
of every licensed perfusionist.
A maximum of 15 activities may be documented
as intraoperative pump standbys.
(E)
40 cases are required each year as the Primary Perfusionist
for Cardiopulmonary bypass, ECMO, VAD, Isolated Limb Perfusion, or VENO-VENO
bypass
, or documented intraoperative pump standby
. For each ECMO
or VAD case, one case credit will be awarded for initiated anD/or managing
an eight-hour shift.
(4)
(No change.)
(c)
(No change.)
§761.15.Violations, Complaints, Investigations, and Procedures.
(a) - (d)
(No change.)
(e)
Final action by the board.
(1) - (6)
(No change.)
(7)
The board may assess administrative
penalties for a violation of the Act or this chapter in accordance with the
procedures established in Occupations Code, §§603.501 - 603.511.
(f) - (g)
(No change.)
§761.17.Informal [
(a)
Informal disposition of any complaint or contested case
involving a licensee or an applicant for licensure may be made through an
informal [
(b)
If the executive secretary or a member of the
complaint
[
(c)
(No change.)
(d)
The executive secretary shall decide upon the time, date,
and place of the
informal
[
(1)
The notice shall inform the licensee or applicant of the
following:
(A) - (E)
(No change.)
(F)
that the
informal
[
(2)
A copy of the board's rules concerning informal disposition
shall be enclosed with the notice of the
informal
[
(e)
The notice of the
informal
[
(f)
A member of the
complaint
[
(g)
The [
(h)
(No change.)
(i)
The board's legal counsel will be requested to attend each
informal
[
(j) - (k)
(No change.)
(l)
At the discretion of the executive secretary or the committee
members, a tape recording may be made of none or all of the
informal
[
(m)
The complainant shall not be considered a party in the
informal
[
(n)
At the conclusion of the
informal
[
(o)
At the time of the informal conference, the
[
(p)
If the licensee or applicant rejects the proposed
recommendations
[
(q) - (r)
(No change.)
(s)
Upon an affirmative majority vote, the board shall enter
an agreed order approving the accepted [
(t) - (u)
(No change.)
§761.19.Suspension of License for Failure to Pay Child Support or Compliance with Child Custody Order .
(a)
On receipt of a final court order or attorney general's
order suspending a license due to failure to pay child support
or failure
to be in compliance with a court order relating to child custody
, the
executive secretary shall immediately determine if the board has issued a
license to the obligator named on the order. If a license has been issued
the executive secretary shall:
(1) - (3)
(No change.)
(b) - (h)
(No change.)
§761.20.Relevant Factors.
When a licensee has violated the Act or this chapter, three general
factors combine to determine the appropriate sanction which include: the culpability
of the licensee; the harm caused or posed; and the requisite deterrence. It
is the responsibility of the licensee to bring exonerating factors to the
attention of the complaint committee or administrative law judge. Specific
factors are to be considered as set forth herein.
(1)
Seriousness of violation. The following factors are identified:
(A)
the nature of the harm caused, or the risk posed to the
health, safety and welfare of the public, such as emotional, physical or financial;
(B)
the extent of the harm caused, or the risk posed, to the
health, safety and welfare of the public; such as whether the harm is low,
moderate or severe, and the number of persons harmed or exposed to risk; and
(C)
the frequency and time-periods covered by the violations,
such as whether there were multiple violations, or a single violation, and
the period of time over which the violations occurred.
(2)
Nature of the violation. The following factors are identified:
(A)
the relationship between the licensee and the person harmed,
or exposed to harm, such as a dependent relationship of a client-counselor,
or stranger to the licensee;
(B)
the vulnerability of the person harmed or exposed to harm;
(C)
the moral culpability of the licensee, such as whether
the violation was:
(i)
intentional or premeditated;
(ii)
due to blatant disregard or gross neglect; or
(iii)
resulted from simple error or inadvertence; and
(D)
the extent to which the violation evidences the lack of
character, such as lack integrity, trustworthiness, or honesty.
(3)
Personal accountability. The following factors are identified:
(A)
admission of wrong or error, and acceptance of responsibility;
(B)
appropriate degree or remorse or concern;
(C)
efforts to ameliorate the harm or make restitution;
(D)
efforts to ensure future violations do not occur; and
(E)
cooperation with any investigation or request for information.
(4)
Deterrence. The following factors are identified:
(A)
the sanction required to deter future similar violations
by the licensee;
(B)
sanctions necessary to ensure compliance by the licensee
of other provisions of the Act or this chapter; and
(C)
sanctions necessary to deter other licensees from such
violations.
(5)
Miscellaneous Factors. The following factors are identified:
(A)
age and experience at time of violation;
(B)
presence or absence of prior or subsequent violations;
(C)
conduct and work activity prior to and following the violations;
(D)
character references; and
(E)
any other factors justice may require.
§761.21.Severity Level and Sanction Guide.
The following severity levels and sanction guides are based on the
relevant factors in §761.20 of this title (relating to Relevant Factors).
(1)
Level One--Revocation of license. These violations evidence
intentional or gross misconduct on the part of the license, and/or cause or
pose a high degree of harm to the public, and/or may require severe punishment
as a deterrent to the licensee, or other licensees. The fact that a license
is ordered revoked does not necessarily mean the licensee can never again
regain licensure.
(2)
Level Two--Extended suspension of license. These violations
involve less misconduct, harm, or need for deterrence than Level One violations,
but may require termination of licensure for a period of not less than one
year.
(3)
Level Three--Moderate suspension of license. These violations
are less serious than Level Two violations, but may require termination of
licensure for a period of time less than a year.
(4)
Level Four--Probated suspension of licensure. These violations
do not involve enough harm, misconduct, or need for deterrence to warrant
termination of licensure, yet are severe enough to warrant monitoring of the
licensee to ensure future compliance. Probationary terms may be ordered as
appropriate.
(5)
Level Five--Reprimand. These violations involve inadvertent
or relatively minor misconduct and/or rule violations not directly involving
the health, safety, and welfare of the public.
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 February 19, 2004.
TRD-200401162
Debra Sue Douglas
Chairman
Texas State Board of Examiners of Perfusionists
Earliest possible date of adoption: April 4, 2004
For further information, please call: (512) 458-7236
Chapter 821.
ORTHOTICS AND PROSTHETICS
$21
].
(h)
] Cost of destroyed, lost or
stolen annual renewal permits--$10.
(i)
] Cost of replacement renewal
notice--$10
Part 23.
TEXAS REAL ESTATE COMMISSION
Application
] for a Real Estate Broker License, TREC Form BL-
8
[
7
];
Application
] for Late Renewal of A Real Estate Broker License, TREC
Form BLR-
7
[
6
];
9
];
Subchapter F. EDUCATION, EXPERIENCE, EDUCATIONAL PROGRAMS, TIME PERIODS AND TYPE OF LICENSE
Subchapter J. FEES
of
]
$80
[
$75
] for the filing of an original application for a real
estate broker license;
of
] $33.50 for
annual renewal of a real estate broker license;
of
]
$52
[
$50
] for the filing of an original application for a real
estate salesperson license;
Subchapter R. REAL ESTATE INSPECTORS
Civil Statutes, Article
6573a (the Act), §§23(a)(3)
]
or this section
; provided,
however, no more than 30 cumulative classroom hours in course credit may be
accepted by the commission for inspection-related business, legal, report
writing or ethics courses.
and
]
the Act
]
Chapter 1102, Texas Occupations Code
and
in lieu of the requirement that the applicant has previously been licensed
for a specified time as an apprentice inspector or a real estate inspector:
be in verified form and
] from persons other than
the applicant who have personal knowledge of the applicant's occupation and
work.
For
]
a professional inspector license, the applicant must have completed at least
60 additional hours of core real estate inspection courses acceptable to the
commission, with at least 20 hours of credit each for the structural, mechanical
(including appliances, plumbing, and HVAC components) and electrical systems
found in improvements to real property, or provide documentation satisfactory
to the commission to establish that the person has been licensed or registered
at least five years as an architect, professional engineer, or engineer-in-training,
or has at least seven years of personal experience inspecting, installing,
servicing, repairing or maintaining each of the structural, mechanical and
electrical systems found in improvements to real property. Documentation of
experience must be in verified form and from persons other than the applicant
who have personal knowledge of the applicant's occupation and work.
Civil Statutes, Article 6573a (the Act), §§23(k)
] for continuing
education must comply with §535.212 of this title (relating to Education
and Experience Requirements for a License).
the Act
], the commission also will accept
a course related to wood-destroying insects, radon, asbestos, lead, or other
hazardous substances to satisfy continuing education requirements.
the following:
]
(1)
]
inspections performed for a lender or for
a person other than the prospective buyer or prospective seller. [
;
]
(2)
]
This section does not
apply to
quality control construction inspections of new homes, including
phased construction inspections, inspections performed solely to determine
compliance with building codes, warranty or underwriting requirements, or
inspections required by a municipality
and the builder requires use of
a different report, and the first page of the report contains a notice either
in bold or underlined reading substantially similar to the following: "This
report was prepared for a builder or builder's employee in accordance with
the builder's requirements. The report is not intended as a substitute for
an inspection of the property by an inspector of the buyer's choice. Standard
inspections performed by a Texas Real Estate Commission licensee and reported
on Texas Real Estate Commission promulgated report forms may contain additional
information a buyer should consider in making a decision to purchase." If
a report form required for use by the builder or builder's employee does not
contain the notice, the inspector may attach the notice to the first page
of the report at the time the report is prepared by the inspector. If the
inspector attaches the notice, the inspector is not required to use a form
adopted by the commission to report the inspection.
[
;
]
(3)
] inspections of remodeling or
re-inspections;
(4)
] inspections for which federal
or state law requires use of a different report; or
(5)
] inspections for which a relocation
company or a seller's employer requires use of a different report, and the
first page of the report contains a notice either in bold or underlined print
reading substantially similar to the following: "This report was prepared
for a relocation company or seller's employer in accordance with the company's
requirements. The report is not intended as a substitute for an inspection
of the property by an inspector of the buyer's choice. Standard inspection
reports required by the Texas Real Estate Commission may contain additional
information a buyer should consider in making a decision to purchase." If
the report form required by the relocation company or seller's employer does
not contain the notice, the inspector may attach the notice to the first page
of the report at the time the report is prepared by the inspector. If the
inspector attaches the notice, the inspector is not required to use a form
adopted by the commission to report the inspection.
(f)
]
(h)
Failure to comply with this
section is grounds for the suspension or revocation of an inspector's license
or the imposition of an administrative penalty by the commission.
Part 33.
TEXAS STATE BOARD OF EXAMINERS OF PERFUSIONISTS
decisions
] in the discharge of its statutory
authority
with regard to
[
without discrimination based on
] any person's race, creed, gender, religion, national origin, geographical
distribution, age, physical condition, [
or
] economic status
, sexual orientation, or genetic information
.
(2)
] of this subsection and other activities required by
the Act.
(2)
] Schedule of fees for licensure
as a perfusionist and a provisional licensed perfusionist is as follows:
(C)
renewal fee--$175;]
(D)
] late renewal fee--$100;
(E)
] license certificate and identification
card replacement fee--$10;
(F)
] child support reinstatement
fee--$40; [
and
]
(G)
] verification fee--$10 per
licensee.
(3)
] An applicant whose check for
the application fee is not honored by the financial institution may reinstate
the application by remitting to the board a money order or check for guaranteed
funds within 30 days of the date of receipt of the board's notice. An application
will be considered incomplete until the fee has been received and cleared
through the appropriate financial institution.
(4)
] A licensee whose check for
the renewal fee is not honored by the financial institution may remit to the
board a money order or check for guaranteed funds within 30 days of the date
of receipt of the board's notice. Otherwise, the license shall not be renewed.
If a renewal card has already been issued, it shall be subject to revocation.
(5)
] Fees paid to the board by
applicants are not refundable.
(6)
] Any remittance submitted to
the board in payment of a required fee must be in the form of a personal check,
certified check, or money order.
(7)
] The board shall make periodic
reviews of its fee schedule and make any adjustments necessary to provide
funds to meet its expenses without creating an unnecessary surplus. Such adjustments
shall be through rule amendments.
Settlement ] Conference.
settlement
] conference held to determine whether an agreed
[
settlement
] order may be approved.
complaints
] committee of the board determines that the
public interest might be served by attempting to resolve a complaint or contested
case by an agreed order in lieu of a formal hearing, the provisions of this
section shall apply. A licensee or applicant may request an informal [
settlement
] conference; however, the decision to hold a conference shall
be made by the executive secretary or the
complaint
[
complaints
] committee.
settlement
] conference and
provide written notice to the licensee or applicant of the same. Notice shall
be provided no less than ten days prior to the date of the conference by certified
mail, return receipt requested to the last known address of the licensee or
applicant or by personal delivery. The 10 days shall begin on the date of
mailing or personal delivery. The licensee or applicant may waive the 10 day
notice requirement.
settlement
] conference
shall be canceled if the licensee or applicant notifies the executive secretary
that he or she or his or her legal counsel will not attend.
settlement
] conference.
settlement
] conference shall be sent by certified mail, return receipt requested,
to the complainant at his or her last known address or personally delivered
to the complainant. The complainant shall be informed that he or she may appear
and testify or may submit a written statement for consideration at the
informal
[
settlement
] conference. The complainant shall be
notified if the conference is canceled.
complaints
]
committee may be present at
an informal
[
a settlement
]
conference.
settlement
] conference shall be informal
and shall not follow the procedures established in this chapter for contested
cases and formal hearings.
settlement
] conference. The
complaint
[
complaints
] committee member or executive secretary may call upon the
board attorney at any time for assistance in the
informal
[
settlement
] conference.
settlement
] conference.
settlement
] conference but shall be given the opportunity
to be heard if the complainant attends. Any written statement submitted by
the complainant shall be reviewed at the conference.
settlement
] conference, the executive secretary may make recommendations for informal
disposition of the complaint or contested case. The recommendations may include
any disciplinary action authorized by the Act. The executive secretary may
also conclude that the board lacks jurisdiction, conclude that a violation
of the Act or this chapter has not been established, or refer the matter for
further investigation.
The
] licensee or applicant may either accept or reject [
at the
conference
] the
conference
[
settlement
] recommendations.
If the recommendations are accepted, an agreed [
settlement
] order
shall be prepared by the board office or the board's legal counsel and forwarded
to the licensee or applicant. The order shall contain agreed findings of fact
and conclusions of law. The licensee or applicant shall execute the order
and return the signed order to the board office within ten days of his or
her receipt of the order. If the licensee or applicant fails to return the
signed order within the stated time period, the inaction shall constitute
rejection of the
conference
[
settlement
] recommendations.
settlement
], the matter shall be referred
to the executive secretary for appropriate action.
settlement
] recommendations.
The board may not change the terms of a proposed order but may only approve
or disapprove an agreed order unless the licensee or applicant is present
at the board meeting and agrees to other terms proposed by the board.
Part 37.
TEXAS BOARD OF ORTHOTICS AND PROSTHETICS