Part 2.
TEXAS STATE BOARD OF BARBER EXAMINERS
Chapter 51.
PRACTICE AND PROCEDURE
Subchapter B. BARBER COLLEGES, SCHOOLS, AND STUDENTS
22 TAC §51.12
The Texas State Board of Barber Examiners proposes an amendment
to §51.12 concerning the requirement that a proposed new barber school
or college be inspected to determine that it fulfills all requirements of
the Board and of the Texas Barber Law. The Board proposes to require that
the Board receive payment of the required initial inspection or re-inspection
fee before the inspection will be scheduled.
The action is proposed to expedite the school inspection process and to
ensure that payment is received before an inspection is scheduled to be conducted.
Glenn Parker, 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
Mr. Parker has determined that for each year of the first five years the
rule is to be in effect, the public benefit anticipated as a result of enforcing
the rule will be an increase in the efficiency of the Board's school inspection
process. There will be no costs to small or large businesses, or to individuals
associated with the enforcement of the proposed rule.
Comments on the proposed rule may be submitted in writing within 30 days
after publication of the proposal in the
Texas Register
to Glenn Parker, Executive Director, Texas State Board of Barber Examiners,
5717 Balcones Drive, Suite 217, Austin, Texas 78731-4203.
The amendment is proposed under the Texas Occupations Code Chapter
1601.151, Chapter 1601.155, Chapter 1601.353, and Chapter 1601.356 which provide
the Texas State Board of Barber Examiners with the authority to adopt and
enforce all rules necessary for the performance of its duties, to set fees
in amounts necessary to cover the costs of administering programs to which
the fees relate, and to require inspections of schools before they go into
operation.
No other code, article, or statute is affected by this amendment.
§51.12.Inspection of New Barber School or College.
Two board members or one board member and the board's executive director
shall inspect a proposed new barber school or college to determine that
it
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on May 7, 2004.
TRD-200403138
Glenn D. Parker
Executive Director
Texas State Board of Barber Examiners
Earliest possible date of adoption: June 20, 2004
For further information, please call: (512) 936-6310
22 TAC §51.98
The Texas State Board of Barber Examiners proposes an amendment
to §51.98 concerning fees to be collected from licensees or prospective
licensees related to providing online services through the Texas Online Authority
related to obtaining or renewing certain licenses and permits through the
use of the Internet.
The action is proposed in response to the Texas Online Authority's instructions
to the Board of Barber Examiners to begin the collection of new fees related
to specific types of licenses or permits, under authority granted to the Texas
Online Authority by Senate Bill 187, 77th Texas Legislature, Regular Session;
Senate Bill 645, 77th Texas Legislature, Regular Session; and by Senate Bill
1152, 78th Texas Legislature, Regular Session.
Glenn Parker, Executive Director, has determined that for the first five
year period the rule is in effect there will be no fiscal implications for
local government as a result of enforcing or administering the rule. There
will be an impact to state government in that both general revenue and expenditures
will increase by the amount of the fees that are collected during each fiscal
year of the five year period.
Mr. Parker has determined that for each year of the first five years the
rule is to be in effect, the public benefit anticipated as a result of enforcing
the rule will be an increase in the ability of Board licensees to more efficiently
apply for or renew certain licenses or permits. There will be no direct costs
to the general public. Board licensees will pay an increase in fees equal
to the cost of the fees for specific types of licenses or permits. There will
be an increase in costs for those small businesses that are barber shops or
specialty (manicurist) shops equal to the fees imposed for those licenses
or permits.
Comments on the proposed rule may be submitted in writing within 30 days
after publication of the proposal in the
Texas Register
to Glenn Parker, Executive Director, Texas State Board of Barber Examiners,
5717 Balcones Drive, Suite 217, Austin, Texas 78731-4203.
The amendment is proposed under the Texas Occupations Code Chapter
1601.151 and Chapter 1601.155 which provide the Texas State Board of Barber
Examiners with the authority to adopt and enforce all rules necessary for
the performance of its duties and to set fees in amounts necessary to cover
the costs of administering programs to which the fees relate.
No other code, article, or statute is affected by this amendment.
§51.98.State-Mandated Texas Online Authority Fees [
As required by Senate Bill 187, and Senate Bill 645, 77th Texas Legislature,
Regular Session,
and by Senate Bill 1152, 78th Texas Legislature, Regular
Session, specified licensees and permitees
[
(1)
Class A Registered Barber License - Original
$6
(2)
Class A Registered Barber License - Renewal
$6
(3)
Barber Technician - Original $6
(4)
Barber Technician - Renewal n/a
(5)
Manicurist License - Original $3
(6)
Manicurist License - Renewal $3
(7)
Barber Shop Permit - Original $4
(8)
Barber Shop Permit - Renewal $4
(9)
Manicure (Specialty) Shop Permit - Original
$4
(10)
Manicure (Specialty) Shop Permit - Renewal
$4
(11)
Booth Rental Permit - Original $4
(12)
Booth Rental Permit - Renewal $4
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on May 7, 2004.
TRD-200403137
Glenn D. Parker
Executive Director
Texas State Board of Barber Examiners
Earliest possible date of adoption: June 20, 2004
For further information, please call: (512) 936-6310
Chapter 361.
ADMINISTRATION
Subchapter A. GENERAL PROVISIONS
22 TAC §361.1
The Texas State Board of Plumbing Examiners (Board) proposes
amendments to Board rule §361.1, which provides definitions of terms
used in the Plumbing License Law and Board Rules.
The proposed amendments to §361.1 do not add new requirements, but
are necessary due to the codification of the Plumbing License Law (Law) during
the 78th Legislative Regular Session, moving the Law from Vernon's Civil Statutes,
Article 6243-101 to Title 8, Chapter 1301, Occupations Code. References in
the rule made to sections of Vernon's Civil Statutes, Article 6243-101 are
proposed to be changed to references in Chapter 1301 of the Occupations Code.
The amendments also clarify that the Board's Chief Field Representative is
also the Board's Director of Enforcement.
Robert L. Maxwell, Executive Director of the Texas State Board of Plumbing
Examiners, has determined that for the first five-year period the rules are
in effect there will be no fiscal impact on state and local government as
well as small businesses and persons required to comply with these rules amendments.
Mr. Maxwell also has determined that each year of the first five years
the rules are effect the public benefit anticipated as a result of enforcing
these rules will be that the Board Rule will not be in conflict with state
law.
Comments on the proposed rule changes may be submitted within 30 days of
publication of these proposed rule amendments in the
Texas Register
, to Robert L. Maxwell, Executive Director, Texas State
Board of Plumbing Examiners, 929 East 41st Street, P.O. Box 4200, Austin,
Texas 78765-4200.
The amendments to §361.1 are proposed under and affect Title
8, Chapter 1301, Occupations Code, as amended by the 78th Legislature ("Plumbing
License Law" or "Law"), §1301.251 and the rule it amends. §1301.251
requires the Board to adopt and enforce rules necessary to administer the
Plumbing License Law.
No other statute, article or code is affected by this proposed amendment.
The proposed amendment has been reviewed by legal counsel and found to be
within the state agency's authority to adopt.
§361.1.Definitions.
The following words and terms, when used in this part, have the following
meanings, unless the context clearly indicates otherwise:
(1)
Act--The Plumbing License Law,
Title 8, Chapter 1301,
Occupations Code
[
(2)
Administrative Act--The Administrative Procedure Act, the
Texas Government Code, §2001.001, et seq, as amended.
(3)
Administrator--The Board-appointed executive director of
all Board staff.
(4)
Adopted Plumbing Code--A plumbing code, including a fuel
gas code adopted by the Board or a political subdivision, including any city,
town, village, municipality, public water system, municipal utility district,
in compliance with
§1301.255 and §1301.551 of the Plumbing
License Law
[
(5)
Advisory Committee--A Board appointed committee subject
to §
1301.258 of the Plumbing License Law, §361.12 of these
rules
[
(6)
Appliance Connection--An appliance connection procedure
using only a code approved appliance connector that does not require cutting
into or altering the existing plumbing system.
(7)
Applicant--An individual seeking to obtain a License, Registration
or Endorsement.
(8)
Board--The Texas State Board of Plumbing Examiners.
(9)
Board Member--An individual appointed by the governor and
confirmed by the senate to serve on the Board.
(10)
Building Sewer--The part of the sanitary drainage system
outside of the building, which extends from the end of the building drain
to a public sewer, private sewer, private sewage disposal system, or other
point of sewage disposal.
(11)
Certificate of Insurance--a form submitted to the Board
certifying that the Responsible Master Plumber carries insurance coverage
as specified in §
1301.522 of the Plumbing License Law
[
(12)
Chief Examiner--an employee of the Board who, under the
direction of the Administrator, coordinates and supervises the activities
of the Board examinations and registrations.
(13)
Chief Field Representative--
the Director of Enforcement
who is
an employee of the Board who meets the definition of "Field Representative"
and, under the direction of the
Executive Director
[
(14)
Cleanout--A fitting, other than a p-trap, approved by
the adopted plumbing code and designed to be installed in a sanitary drainage
system to allow easy access for cleaning the sanitary drainage system.
(15)
Code-Approved Appliance Connector--A semi-rigid or flexible
assembly of tube and fittings approved by the adopted plumbing code and designed
for connecting an appliance to the existing plumbing system without cutting
into or altering the existing plumbing system.
(16)
Code Approved Existing Opening--For the purposes of drain
cleaning activities described in §
1301.002(3) of the Plumbing License
Law
[
(17)
Complaint--A written charge alleging a violation of state
law, Board rules or orders, local codes or ordinances, or standards of competency;
or the presence of fraud, false information, or error in the attempt to obtain
a License, Registration or Endorsement.
(18)
Contested Case--A proceeding, including but not limited
to rulemaking, licensing and registering, in which the agency determines the
legal right, duties, and privileges of a party after allowing an opportunity
for adjudicative hearing of the case.
(19)
Continuing Professional Education--Board-approved courses/programs
required for a licensee to renew his or her License and/or Endorsement.
(20)
Direct Supervision--
(A)
The on-the-job oversight and direction of a Registered
Plumber's Apprentice performing plumbing work by a licensed plumber who is
fulfilling his or her responsibility to the client and employer by ensuring
the following:
(i)
that the plumbing materials for the job are properly prepared
prior to assembly according to the material manufacturers recommendations
and the requirements of the adopted plumbing code; and
(ii)
that the plumbing work for the job is properly installed
to protect health and safety by meeting the requirements of the adopted plumbing
code and all requirements of local and state ordinances, regulations and laws.
(B)
The on-the-job oversight and direction by a licensed Plumbing
Inspector of an individual training to qualify for the Plumbing Inspector
Examination.
(C)
For plumbing work performed only in the construction of
a new one-family or two-family dwelling in an unincorporated area of the state,
a Responsible Master Plumber is not required to provide for the continuous
or uninterrupted on-the-job oversight of a Registered Plumber's Apprentice's
work by a licensed plumber, however, the Responsible Master Plumber must:
(i)
provide for the training and management of the Registered
Plumber's Apprentice by a licensed plumber;
(ii)
provide for the review and inspection of the Registered
Plumber's Apprentice's work by a licensed plumber to ensure compliance with
subparagraph (A)(i) and (ii) of this paragraph; and
(iii)
upon request by the Board, provide the name and plumber's
license number of the licensed plumber who is providing on-the-job training
and management of the Registered Plumber's Apprentice and who is reviewing
and inspecting the Registered Plumber's Apprentice's work on the job, or the
name and plumber's license number of the licensed plumber who trained and
managed the Registered Plumber's Apprentice and who reviewed and inspected
the Registered Plumber's Apprentice's work on a job.
(21)
Drain Cleaner--An individual who has completed at least
4,000 hours working under the supervision of a Master Plumber as a registered
Drain Cleaner-Restricted Registrant, who has fulfilled the requirements of
and is registered with the Board, and who installs cleanouts and removes and
resets p-traps to eliminate obstructions in building drains and sewers.
(22)
Drain Cleaner-Restricted Registrant--An individual who
has worked as a registered Plumber's Apprentice under the supervision of a
Master Plumber, who has fulfilled the requirements of and is registered with
the Board, and who clears obstructions in sewer and drain lines through any
code-approved existing opening.
(23)
Endorsement--a certification issued by the Board in addition
to the Master or Journeyman Plumber License.
(24)
Field Representative--for the purposes of these Rules,
(A)
"Field Representative" means an employee of the Board who
is:
(i)
knowledgeable of this Act and of municipal ordinances relating
to plumbing;
(ii)
qualified by experience and training in good plumbing
practice and compliance with this Act;
(iii)
designated by the Board to assist in the enforcement
of this Act and rules adopted under this Act.
(B)
A field representative may:
(i)
Make on-site license and registration checks to determine
compliance with this Act;
(ii)
investigate consumer complaints filed under §
1301.303 of the Plumbing License Law
[
(iii)
assist municipal plumbing inspectors in cooperative enforcement
of this Act; and
(iv)
issue citations as provided by §
1301.502 of
the Plumbing License Law
[
(25)
Journeyman Plumber--An individual licensed under this
Act who has met the qualifications for registration as a Plumber's Apprentice
or for licensure as a Tradesman Plumber-Limited Licensee, who has completed
at least 8,000 hours working under the supervision of a master plumber, who
supervises, engages in, or works at the actual installation, alteration, repair,
service and renovating of plumbing, and who has successfully fulfilled the
examinations and requirements of the Board.
(26)
License--A document issued by the Board to certify that
the named individual fulfilled the requirements of the Act and of these rules
to hold a license issued by the Board.
(27)
Licensing and Registering--The process of granting, denying,
renewing, revoking, or suspending a License, Registration or Endorsement.
(28)
Maintenance Man or Maintenance Engineer--An employee,
as opposed to an independent contractor, who performs plumbing maintenance
work incidental to and in connection with other duties. "Incidental to and
in connection with" includes the repair, maintenance and replacement of existing
potable water piping, existing sanitary waste and vent piping, existing plumbing
fixtures and existing water heaters. "Incidental to and in connection with"
does not include cutting into fuel gas plumbing systems and the installation
of gas fueled water heaters. An individual who erects, builds, or installs
plumbing not already in existence may not be classified as a maintenance man
or maintenance engineer. Plumbing work performed by a maintenance man or maintenance
engineer is not exempt from state law and municipal rules and ordinances regarding
plumbing codes, plumbing permits and plumbing inspections. Such maintenance
individuals shall not engage in plumbing work for the general public.
(29)
Master Plumber--An individual licensed under this Act
who is skilled in the planning, superintending, and the practical installation,
repair, and service of plumbing, who secures permits for plumbing work, who
is knowledgeable about the codes, ordinances, or rules and regulations governing
those matters, who alone, or through an individual or individuals under his
supervision, performs plumbing work, and who has successfully fulfilled the
examinations and requirements of the Board.
(30)
Medical Gas Piping Installation Endorsement--a document
entitling the holder of a Master or Journeyman Plumber License to install
piping that is used solely to transport gases used for medical purposes including,
but not limited to oxygen, nitrous oxide, medical air, nitrogen, medical vacuum.
(31)
One Family Dwelling--a detached structure designed for
the residence of a single family that does not have the characteristics of
a multiple family dwelling, and is not primarily designed for transient guests
or for providing services for rehabilitative, medical, or assisted living
in connection with the occupancy of the structure.
(32)
Party--Each person named or admitted in association with
an action as a party.
(33)
Paid Directly--As related to §
1301.255(e) of
the Plumbing License Law
[
(34)
Person--For the purposes of these Rules only, a person
means an individual, partnership, corporation, limited liability company,
association, governmental subdivision or public or private organization of
any character other than an agency.
(35)
Petitioner--A person asking the Board to adopt a rule.
(36)
Plumber's Apprentice--any individual other than a Master
Plumber, Journeyman Plumber, or Tradesman Plumber-Limited Licensee who, as
his or her principal occupation, is engaged in learning and assisting in the
installation of plumbing, is registered by the Board, and works under the
supervision of a licensed Master Plumber and the direct supervision of a licensed
plumber.
(37)
Plumbing--All piping, fixtures, appurtenances, and appliances,
including disposal systems, drain or waste pipes, or any combination of these
that: supply, recirculate, drain, or eliminate water, gas, medical gasses
and vacuum, liquids, and sewage for all personal or domestic purposes in and
about buildings where persons live, work, or assemble; connect the building
on its outside with the source of water, gas, or other liquid supply, or combinations
of these, on the premises, or the water main on public property; and carry
waste water or sewage from or within a building to the sewer service lateral
on public property or the disposal or septic terminal that holds private or
domestic sewage. The installation, repair, service, maintenance, alteration,
or renovation of all piping, fixtures, appurtenances, and appliances on premises
where persons live, work, or assemble that supply gas, medical gasses and
vacuum, water, liquids, or any combination of these, or dispose of waste water
or sewage.
(38)
Plumbing Company--A person, as defined in these Rules,
who engages in the plumbing business.
(39)
Plumbing Inspection--Any of the inspections required in §
1301.255 and §1301.551 of the Plumbing License Law
[
(40)
Plumbing Inspector--means any individual who is employed
by a political subdivision, or who contracts as an independent contractor
with a political subdivision, for the purpose of inspecting plumbing work
and installations in connection with health and safety laws, ordinances, and
plumbing and gas codes, who has no financial or advisory interests in any
plumbing company, and who has successfully fulfilled the examinations and
requirements of the Board.
(41)
Pocket Card--A card issued by the Board which certifies
that the holder has a Master Plumber License, Journeyman Plumber License,
Tradesman Plumber-Limited License, Plumbing Inspector License, Residential
Utilities Installer Registration, Drain Cleaner Registration, Drain Cleaner-Restricted
Registration or a Plumber's Apprentice Registration..
(42)
Political Subdivision--A political subdivision of the
State of Texas that includes a:
(A)
city;
(B)
county;
(C)
school district;
(D)
junior college district;
(E)
municipal utility district;
(F)
levee improvement district;
(G)
drainage district;
(H)
irrigation district;
(I)
water improvement district;
(J)
water control improvement district;
(K)
water control preservation district;
(L)
freshwater supply district;
(M)
navigation district;
(N)
conservation and reclamation district;
(O)
soil conservation district;
(P)
communication district;
(Q)
public health district;
(R)
river authority; and
(S)
any other governmental entity that:
(i)
embraces a geographical area with a defined boundary;
(ii)
exists for the purpose of discharging functions of government
and;
(iii)
possesses authority for subordinate self government through
officers selected by it.
(43)
P-Trap--A fitting connected to the sanitary drainage system
for the purpose of preventing the escape of sewer gasses from the sanitary
drainage system and designed to be removed to allow for cleaning of the sanitary
drainage system. For the purposes of drain cleaning activities described in §
1301.002(2) of the Plumbing License Law
[
(44)
Public Water System--A system for the provision to the
public of water for human consumption through pipes or other constructed conveyances.
Such a system must have at least 15 service connections or serve at least
25 individuals at least 60 days out of the year. Two or more systems with
each having a potential to serve less than 15 connections or less than 25
individuals, but owned by the same person, firm, or corporation and located
on adjacent land will be considered a public water system when the total potential
service connections in the combined systems are 15 or greater or if the total
number of individuals served by the combined systems total 25 or greater,
at least 60 days out of the year. Without excluding other meanings of the
terms "individual" or "served," an individual shall be deemed to be served
by a water system if the individual lives in, uses as the individual's place
of employment, or works in a place to which drinking water is supplied from
the water system.
(45)
Regularly Employed--Steadily, uniformly, or habitually
working in an employer-employee relationship with a view of earning a livelihood,
as opposed to working casually or occasionally.
(46)
Residential Utilities Installer--means an individual who
has completed at least 2,000 hours working under the supervision of a Master
Plumber as a registered Plumber's Apprentice, who has fulfilled the requirements
of and is registered with the Board, and who constructs and installs yard
water service piping for one-family or two-family dwellings and building sewers.
(47)
Respondent--A person charged in a complaint filed with
the Board.
(48)
Responsible Master Plumber--A Responsible Master Plumber
is the Master Plumber who allows his Master Plumber License to be used by
a company for the purpose of performing plumbing work and obtaining the required
plumbing permits. The Master Plumber by allowing his license to be used in
this manner, assumes responsibility for all plumbing work performed. A Responsible
Master Plumber may allow his Master Plumber License to be used by only one
plumbing company.
(49)
Rule--An agency statement of general applicability that
implements, interprets, or prescribes law or policy, or describes the procedure
or practice requirements of the agency. The term includes the amendment or
repeal of a prior rule but does not include statements concerning only the
internal management or organization of the agency and not affecting private
rights or procedures.
(50)
Supervision--the general on-the-job or off-the-job oversight,
direction and management of plumbing work and individuals performing plumbing
work by a Responsible Master Plumber who is fulfilling his or her responsibility
to the client and employer by ensuring the following:
(A)
that the operations of the plumbing company that has secured
his or her services meets the requirements of all applicable local and state
ordinances, regulations and laws; and
(B)
that the plumbing work performed under his or her License
will protect health and safety by meeting the requirements of the adopted
plumbing code and all requirements of local and state ordinances, regulations
and laws.
(51)
System--An interconnection between one or more public
or private end users of water, gas, sewer, or disposal systems that could
endanger public health if improperly installed.
(52)
Tradesman Plumber-Limited Licensee--means an individual
who has completed at least 4,000 hours working under the direct supervision
of a Journeyman or Master Plumber as a registered Plumber's Apprentice, who
has passed the required examination and fulfilled the other requirements of
the Board, who constructs and installs plumbing for one-family or two-family
dwellings, and who has not met or attempted to meet the qualifications for
a Journeyman Plumber License.
(53)
Two Family Dwelling--a detached structure with separate
means of egress designed for the residence of two families ("duplex") that
does not have the characteristics of a multiple family dwelling and is not
primarily designed for transient guests or for providing services for rehabilitative,
medical, or assisted living in connection with the occupancy of the structure.
(54)
Water Supply Protection Specialist--a Master or Journeyman
Plumber who holds the Water Supply Protection Specialist Endorsement issued
by the Board.
(55)
Water Treatment--A business conducted under contract that
requires experience in the analysis of water, including the ability to determine
how to treat influent and effluent water, to alter or purify water, and to
add or remove a mineral, chemical, or bacterial content or substance. The
term also includes the installation and service of potable water treatment
equipment in public or private water systems and making connections necessary
to complete installation of a water treatment system.
(56)
Work as a Master Plumber--To act as and assume the responsibilities
of a Responsible Master Plumber, as defined in these Rules.
(57)
Yard Water Service Piping--The building supply piping
carrying potable water from the water meter or other source of water supply
to the point of connection to the water distribution system at the building.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on May 7, 2004.
TRD-200403082
Robert L. Maxwell
Executive Director
Texas State Board of Plumbing Examiners
Earliest possible date of adoption: June 20, 2004
For further information, please call: (512) 458-2145
22 TAC §361.6
The Texas State Board of Plumbing Examiners proposes amendments
to §361.6, which specifies certain fees charged by the Board, including
the fees for initial applications for licenses, endorsements, and registrations
as well as examination fees.
The proposed amendments to §361.6 are in compliance with Senate Bill
1152 (78th Legislature, Regular Session) which requires state occupational
licensing agencies, including the Texas State Board of Plumbing Examiners,
to collect original application and initial license, endorsement and registration
fees to pay for the development and use of "Texas Online", a state web site
for electronic occupational license transactions. The Texas Online Authority
has advised the Board that the online original applications for licenses and
registrations will be implemented by September 1, 2004. The Texas Online Authority
is requiring the Board to begin collecting the additional fees on September
1, 2004. The original license and registration fees that were set by the Texas
Online Authority are:
Master Plumber initial license fee to increase by $5 (from $175 to $180)
Journeyman Plumber initial license fee to increase by $2 (from $25 to $27)
Medical gas installation endorsement (Master) initial fee to increase by
$5 (from $50 to $55)
Medical gas installation endorsement (Journeyman) initial fee to increase
by $2 (from 12 to $14)
Plumbing Inspector initial license fee to increase by $5 (from $50 to $55)
Water supply protection specialist endorsement (Journeyman) initial fee
to increase by $2 (from $12 to $14)
Water supply protection specialist endorsement (Master) initial fee to
increase by $5 (from $50 to $55)
Tradesman Plumber-Limited License initial license fee to increase by $2
(from $25 to $27)
Plumber's Apprentice Registration application and initial registration
fee to increase by $2 (from $10 to $12)
Residential Utilities Installer Registration application and initial registration
fee to increase by $2 (from $10 to $12)
Drain Cleaner Registration application and initial registration fee to
increase by $2 (from $10 to $12)
Drain Cleaner-Restricted Registration application and initial registration
fee to increase by $2 (from $10 to $12)
Master Plumber examination fee to increase by $5 (from $150 to $155)
Journeyman Plumber examination fee to increase by $2 (from $25 to $27)
Medical gas installation endorsement (Master) examination fee to increase
by $5 (from $75 to $80)
Medical gas installation endorsement (Journeyman) examination fee to increase
by $2 (from $25 to $27)
Plumbing inspector examination fee to increase by $5 (from $50 to $55)
Water supply protection specialist endorsement (Journeyman) examination
fee to increase by $2 (from $25 to $27)
Water supply protection specialist endorsement (Master) examination fee
to increase by $5 (from $75 to $80)
Tradesman Plumber-Limited License examination fee to increase by $2 (from
$25 to $27)
Robert L. Maxwell, Executive Director of the Texas State Board of Plumbing
Examiners, has determined that there will be a fiscal impact for persons required
to comply with these rule amendments. For the first five-year period that
the rules are in effect, persons who submit applications for the following
examination or initial license, endorsement or registration will pay increased
fees in the following amounts:
Master Plumber initial license $25
Journeyman Plumber initial license $10
Medical gas installation endorsement (Master) initial endorsement $25
Medical gas installation endorsement (Journeyman) initial endorsement $10
Plumbing Inspector initial license $25
Water supply protection specialist endorsement (Journeyman) initial endorsement
$10
Water supply protection specialist endorsement (Master) initial endorsement
$25
Tradesman Plumber-Limited License initial license $10
Plumber's Apprentice Registration application and initial registration
$10
Residential Utilities Installer Registration application and initial registration
$10
Drain Cleaner Registration application and initial registration $10
Drain Cleaner-Restricted Registration application and initial registration
$10
Master Plumber examination $25
Journeyman Plumber examination $10
Medical gas installation endorsement (Master) examination $25
Medical gas installation endorsement (Journeyman) examination $10
Plumbing inspector examination $25
Water supply protection specialist endorsement (Journeyman) examination
$10
Water supply protection specialist endorsement (Master) examination $25
Tradesman Plumber-Limited License examination $10
Mr. Maxwell has also determined that each year of the first five years
the rules are in effect there should be no mandated fiscal impact on local
government or state government as well as small businesses. Any local governments
or small businesses that choose to pay the fees for any of their employees
who hold a license or registration will be impacted by the amount of the fee
increases. Neither local governments nor small business are required by state
law or this rule to pay the fees of their employees. The public benefit anticipated
as a result of enforcing these rules will be the ability for individuals to
apply for original licenses, endorsements and registrations described above
using the Internet and paying with a credit card. The Board will also expend
fewer resources processing applications, which will allow the Board to use
the saved resources to provide better customer service to the public and all
of its licensees and registrants.
Comments on the proposed rule changes may be submitted within 30 days of
publication of these proposed rule amendments in the
Texas Register
, to Robert L. Maxwell, Executive Director, Texas State
Board of Plumbing Examiners, 929 East 41st Street, P.O. Box 4200, Austin,
Texas 78765-4200.
The amendments to §361.6 are proposed under and affect Title
8, Chapter 1301, Occupations Code, as amended by the 78th Legislature ("Plumbing
License Law" or "Law"), §1301.251, §1301.253 the rule it amends
and Senate Bill 1152 (78th Legislature, Regular Session). Section 1301.251
requires the Board to adopt and enforce rules necessary to administer the
Plumbing License Law. Section 1301.253 requires the Board to set fee amounts
that are reasonable and necessary to cover the costs of administering the
Act, Senate Bill 1152 (78th Legislature, Regular Session) requires state occupational
licensing agencies, including the Texas State Board of Plumbing Examiners,
to collect original application and initial license, endorsement and registration
fees to pay for the development and use of "Texas Online", a state web site
for electronic occupational license transactions.
No other statute, article or code is affected by this proposed amendment.
The proposed amendment has been reviewed by legal counsel and found to be
within the state agency's authority to adopt.
§361.6.Fees.
(a)
The Board has established the following fees:
(1)
Initial Licenses, Endorsements and Registrations
(A)
Master Plumber license--
$180;
[
(B)
Journeyman Plumber license--
$27;
[
(C)
Medical gas installation endorsement (Master)--
$55;
[
(D)
Medical gas installation endorsement (Journeyman)--
$14;
[
(E)
Plumbing inspector license--
$55;
[
(F)
Water supply protection specialist endorsement (Journeyman)--
$14;
[
(G)
Water supply protection specialist endorsement (Master)--
$55;
[
(H)
Tradesman Plumber-Limited License--
$27;
[
(I)
Plumber's Apprentice Registration/Application--
$12;
[
(J)
Residential Utilities Installer Registration/Application--
$12;
[
(K)
Drain Cleaner Registration/Application--
$12;
[
(L)
Drain Cleaner-Restricted Registration/Application--
$12.
[
(2)
Examinations
(A)
Master Plumber examination--
$155;
[
(B)
Journeyman Plumber examination--
$27;
[
(C)
Medical gas installation endorsement (Master)--
$80;
[
(D)
Medical gas installation endorsement (Journeyman)--
$27;
[
(E)
Plumbing inspector examination--
$55;
[
(F)
Water supply protection specialist endorsement (Journeyman)--
$27;
[
(G)
Water supply protection specialist endorsement (Master)--
$80;
[
(H)
Tradesman Plumber-Limited Licensee--
$27.
[
(3)
Renewals
(A)
Master Plumber license--$180;
(B)
Journeyman Plumber license--$27;
(C)
Medical gas installation endorsement (Master)--$55;
(D)
Medical gas installation endorsement (Journeyman)--$14;
(E)
Plumbing inspector license--$55;
(F)
Water supply protection specialist endorsement (Journeyman)--$14;
(G)
Water supply protection specialist endorsement (Master)--$55;
(H)
Plumbing Inspector with a Master and/or Journeyman License--$55;
(I)
Master Plumber with Journeyman Plumber License--$180;
(J)
Tradesman Plumber-Limited License--$27;
(K)
Plumber's Apprentice Registration--$12;
(L)
Residential Utilities Installer Registration-- $12;
(M)
Drain Cleaner Registration--$12;
(N)
Drain Cleaner-Restricted Registration--$12.
(4)
Other fees
(A)
Late renewal
(i)
Master Plumber:
(I)
less than 90 days--one-half renewal fee--$90;
(II)
more than 90 days-- renewal fee--$180;
(ii)
Medical gas installation endorsement (Master):
(I)
less than 90 days--one half renewal fee--$27.50;
(II)
more than 90 days-- renewal fee--$55;
(iii)
Medical gas installation endorsement (Journeyman):
(I)
less than 90 days--one half renewal fee--$7;
(II)
more than 90 days--renewal fee--$14;
(iv)
Journeyman Plumber:
(I)
less than 90 days--one-half renewal fee--$13.50;
(II)
more than 90 days--renewal fee--$27;
(v)
Water supply protection specialist (Journeyman):
(I)
less than 90 days--one half renewal fee--$7;
(II)
more than 90 days-- renewal fee--$14;
(vi)
Water supply protection specialist (Master):
(I)
less than 90 days--one half renewal fee--$27.50;
(II)
more than 90 days--renewal fee--$55;
(vii)
Plumbing Inspector:
(I)
less than 90 days--one half renewal fee--$27.50;
(II)
more than 90 days-- renewal fee--$55;
(viii)
Master Plumber with Journeyman Plumber:
(I)
less than 90 days--one half renewal fee--$90;
(II)
more than 90 days-- renewal fee--$180;
(ix)
Plumbing Inspector with Master and/or Journeyman Plumber:
(I)
less than 90 days--one half renewal fee--$27.50;
(II)
more than 90 days-- renewal fee--$55;
(x)
Tradesman Plumber-Limited License:
(I)
less than 90 days--one half renewal fee--$13.50;
(II)
more than 90 days--renewal fee--$27;
(xi)
Plumber's Apprentice Registration:
(I)
less than 90 days--one half renewal fee--$6;
(II)
more than 90 days--renewal fee--$12;
(xii)
Residential Utilities Installer Registration:
(I)
less than 90 days--one half renewal fee--$6;
(II)
more than 90 days-- renewal fee--$12;
(xiii)
Drain Cleaner Registration:
(I)
less than 90 days--one half renewal fee--$6;
(II)
more than 90 days-- renewal fee--$12;
(xiv)
Drain Cleaner-Restricted Registration :
(I)
less than 90 days--one half renewal fee--$6;
(II)
more than 90 days-- renewal fee--$12.
(B)
Instructor Certification Training (Per Day)--$100.
(C)
Duplicate license or registration--$10.
(D)
Returned check--$25.
(b)
Methods of payment
(1)
Fees paid electronically through the Texas Online website,
which may be accessed from the Texas State Board of Plumbing Examiners' website,
may be made in the form of credit card or check.
(2)
Fees paid by mail or in person may be made in the form
of money order, cashier's check, personal check, business check, or the exact
amount of cash (cash payments by mail are not recommended.
(3)
An individual shall pay the appropriate fee prior to the
time of examination. For License, Registration, Endorsement, and renewal,
the appropriate fee shall be paid prior to issuance of the License, Registration,
Endorsement, or renewal.
(4)
The board, under any special circumstances it finds appropriate,
may:
(A)
waive any requirements concerning the method or timing
of payment of any fee;
(B)
refund any fee; or
(C)
waive payment of any fee not required by statute.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's legal
authority to adopt.
Filed with the Office of
the Secretary of State on May 7, 2004.
TRD-200403083
Robert L. Maxwell
Executive Director
Texas State Board of Plumbing Examiners
Earliest possible date of adoption: June 20, 2004
For further information, please call: (512) 458-2145
22 TAC §§361.22 - 361.24, 361.26, 361.27
(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 State Board of Plumbing Examiners or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas State Board of Plumbing Examiners proposes
the repeal of §§361.22 - 361.24, 361.26 and 361.27 which set forth
procedures for complaint investigations and referring contested cases to the
State Office of Administrative Hearings.
The repeals are necessary since the rules do not completely reflect the
changes made to Title 8, Chapter 1301, Occupations Code (Plumbing License
Law), during the 78th Legislative Regular Session. The repeal of the rules
is proposed in conjunction with the proposal of new rules under Board Rules
Chapter 367, which more completely set forth procedures for the Board and
its staff to follow from complaint investigations through the contested case
hearings under the requirements of the Plumbing License Law and Administrative
Procedure Act. The proposed new rules are §§367.8 - 367.14.
Robert L. Maxwell, Executive Director of the Texas State Board of Plumbing
Examiners, has determined that for the first five-year period the rules are
in effect there will be no fiscal impact on state and local government as
well as small businesses and persons as a result of the repeal of these rules.
Mr. Maxwell also has anticipated that each year of the first five years
the repeal of the rules are in effect, the public will benefit as a result
of repealing these rules in conjunction with the adoption of the new, more
complete rules under Chapter 367. The anticipated benefit is the protection
of the public health, safety and welfare through fair and equitable enforcement
of the Plumbing License Law.
Comments on the proposed rule repeals may be submitted within 30 days of
publication of these proposed rule repeals in the
Texas Register
, to Robert L. Maxwell, Executive Director, Texas State
Board of Plumbing Examiners, 929 East 41st Street, P.O. Box 4200, Austin,
Texas 78765-4200.
The repeals are proposed under and affect Title 8, Chapter 1301,
Occupations Code, as amended by the 78th Legislature ("Plumbing License Law"
or "Law"), §§1301.251, 1301.303, 1301.451, 1301.502, 1301.504, 1301.5045,
1301.5071, Subchapter N of Chapter 1301, Occupations Code and Chapter 367
of the Board Rules. Section 1301.251 requires the Board to adopt and enforce
rules necessary to administer the Plumbing License Law. Section 1301.303 sets
forth requirements for complaint investigations. Section 1301.451 sets forth
the disciplinary powers of the Board. Section 1301.502 authorizes the issuance
of citations according to guidelines adopted by the Board. §1301.504
authorizes the filing of injunctions. Section 1301.5045 authorizes the issuance
of cease and desist orders. Section 1301.5071 requires the Board to adopt
procedures for conducting informal conferences and authorizes the Board to
order restitution. Subchapter N authorizes the Board to impose administrative
penalties, sets general procedures for the imposition and collection of the
administrative penalties, hearings and appeals. Board Rules Chapter 367 provides
for enforcement of the Plumbing License Law, standards of conduct and requirements
for licensees and registrants of the Board and persons offering to perform
plumbing work and plumbing companies. The repeal of the rules are also proposed
under the authority of Texas Government Code, Chapter 2001 (Administrative
Procedure Act).
No other statute, article or code is affected by this proposal.
§361.22.Contested Cases: Hearings.
§361.23.Contested Cases: Notice of Hearing.
§361.24.Contested Cases: Record of Hearing.
§361.26.Contested Cases: Investigations.
§361.27.Rules of Practice and Procedure.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on May 7, 2004.
TRD-200403089
Robert L. Maxwell
Executive Director
Texas State Board of Plumbing Examiners
Earliest possible date of adoption: June 20, 2004
For further information, please call: (512) 458-2145
22 TAC §361.29
The Texas State Board of Plumbing Examiners proposes amendments
to Board rule §361.29, which provides for the election of officers to
the Texas State Board of Plumbing Examiners (Board). The rule requires the
Board to elect a chairperson, vice-chairperson and secretary.
The proposed amendments to §361.29 are necessary due to amendments
made during the 78th Legislative Regular Session to the Plumbing License Law
(Title 8, Chapter 1301, Occupations Code), which state that the governor may
appoint the Board's presiding officer and that the Board may only elect a
secretary.
Robert L. Maxwell, Executive Director of the Texas State Board of Plumbing
Examiners, has determined that for the first five-year period the rules are
in effect there will be no fiscal impact on state and local government as
well as small businesses and persons required to comply with these rules amendments.
Mr. Maxwell also has determined that each year of the first five years
the rules are effect the public benefit anticipated as a result of enforcing
these rules will be that the Board's rules will not be in conflict with the
Plumbing License Law.
Comments on the proposed rule changes may be submitted within 30 days of
publication of these proposed rule amendments in the
Texas Register
, to Robert L. Maxwell, Executive Director, Texas State
Board of Plumbing Examiners, 929 East 41st Street, P.O. Box 4200, Austin,
Texas 78765-4200.
The amendments to §361.29 are proposed under and affect
Title 8, Chapter 1301, Occupations Code, as amended by the 78th Legislature
("Plumbing License Law" or "Law"), §1301.251, §1301.157 and the
rule it amends. Section 1301.251 requires the Board to adopt and enforce rules
necessary to administer the Plumbing License Law. Section 1301.157 states
that the governor may appoint the Board's presiding officer and that the Board
may only elect a secretary.
No other statute, article or code is affected by this proposed amendment.
The proposed amendment has been reviewed by legal counsel and found to be
within the state agency's authority to adopt.
§361.29.[
(a)
The governor shall designate
a member of the board as the presiding officer of the Board to serve in that
capacity at the pleasure of the governor.
(b)
The Board shall elect a secretary from
its membership.
(1)
The election may be held every two years
during the July Board meeting.
(2)
The elected Board Secretary shall take
office on the first day of September following the election held at the July
Board meeting.
(3)
If the office becomes vacant for any reason,
a special election shall be held at the next regularly scheduled Board meeting
to fill the office for the unexpired term.
[
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on May 7, 2004.
TRD-200403084
Robert L. Maxwell
Executive Director
Texas State Board of Plumbing Examiners
Earliest possible date of adoption: June 20, 2004
For further information, please call: (512) 458-2145
22 TAC §365.14
The Texas State Board of Plumbing Examiners (Board) proposes
amendments to Board rule §365.14, which provides for the Board's recognition,
approval and administration of Continuing Professional Education (CPE) programs.
The proposed amendments to §365.14 will change the dates of submission
of CPE Course Materials to the Board for its review and possible approval,
to allow additional time for Course Material Providers to prepare the drafts
of the Course Materials.
The proposed amendments to §365.14 will also clarify that Board registration
forms must be included in Course Materials approved by the Board.
Additionally, the proposed amendments to §365.14 will clarify that
a Course Instructors shall not allow CPE credit for an individual who does
not receive six contact teaching hours of CPE, excluding any breaks from the
teaching of CPE.
Robert L. Maxwell, Executive Director of the Texas State Board of Plumbing
Examiners, has determined that for the first five-year period the rules are
in effect there will be no fiscal impact on state and local government as
well as small businesses and persons required to comply with these rules amendments.
Mr. Maxwell also has determined that each year of the first five years
the rules are effect the public benefit anticipated as a result of enforcing
these rules will be better CPE for licensed plumbers and plumbing inspectors.
Public health and safety will benefit from licensed plumbers and plumbing
inspectors receiving quality CPE each year, in order to renew their licenses.
Comments on the proposed rule changes may be submitted within 30 days of
publication of these proposed rule amendments in the
Texas Register
, to Robert L. Maxwell, Executive Director, Texas State
Board of Plumbing Examiners, 929 East 41st Street, P.O. Box 4200, Austin,
Texas 78765-4200.
The amendments to §365.14 are proposed under and affect
Title 8, Chapter 1301, Occupations Code, as amended by the 78th Legislature
("Plumbing License Law" or "Law"), §1301.251, §1301.404 and the
rule it amends. Section 1301.251 requires the Board to adopt and enforce rules
necessary to administer the Plumbing License Law. Section 1301.404 requires
the Board to recognize, approve and administer CPE for licensees.
No other statute, article or code is affected by this proposed amendment.
The proposed amendment has been reviewed by legal counsel and found to be
within the state agency's authority to adopt.
§365.14.Continuing Professional Education Programs.
(a)
Course Materials--Beginning in preparation for the 2000-2001
Continuing Professional Education year (begins on July 1, 2000), the Board
will annually approve Course Materials to be used for the Continuing Professional
Education (CPE) required for renewal of Journeyman Plumber, Master Plumber,
Tradesman Plumber-Limited Licensee and Plumbing Inspector Licenses. The Course
Materials are the printed materials that are the basis for a substantial portion
of a CPE course and which are provided to the Licensees. Board approval of
Course Materials will be subject to all of the terms and conditions of this
Section. The following minimum criteria will be used by the Board in considering
approval of Course Materials:
(1)
The Course Materials will provide the basis for a minimum
of six classroom hours of study. Three of the six hours will be in the subjects
of health protection, energy conservation and water conservation, with the
remaining three hours covering subjects which shall include information concerning
the Act, Board Rules, current industry practices and codes, and subjects from
lists of approved subjects published by the Board.
(2)
The Board will periodically publish lists of approved subjects.
(3)
The Course Materials must be presentations of relevant
issues and changes within the subject areas as they apply to the plumbing
practice in the current market or topics which increase or support the Licensee's
development of skill and competence.
(4)
The provider of the Course Materials must provide the Course
Materials, as needed, in correspondence course form to comply with §12B(d)
of the Act, which are to be made available for at least three (3) years or
as necessary for renewal of an expired license.
(5)
The Course Materials may not advertise or promote the sale
of goods, products or services.
(6)
The Course Materials must be printed and bound and must
meet the following minimum technical specifications for printing and production:
(A)
Binding - Perfect or Metal Coiled,
(B)
Ink - Full Bleed Color,
(C)
Cover Material - 80 Pound Gloss Paper,
(D)
Page Material - 70 Pound
(7)
The Course Materials will include perforated Board forms
within the binding of the Course Materials that may be removed for use by
the Licensees. The forms will include CPE evaluation forms, License and Endorsement
examination forms
, registration forms
and General Complaint forms.
(8)
All Course Materials must have the following characteristics:
(A)
Correct grammar, spelling and punctuation,
(B)
Appropriate illustrations and graphics to show concepts
not easily explained in words, and
(C)
In depth and comprehensive presentation of subject matter
which increases or supports the skills or competence of the Licensees.
(9)
The provider of Course materials must have legal ownership
of or an appropriate license for the use of all copyrighted material included
within the Course materials. Board approved Course materials will contain
a prominently displayed approval statement in 10 point bold type or larger
containing the following language: "THIS CONTINUING PROFESSIONAL EDUCATION
COURSE MATERIAL HAS BEEN APPROVED BY THE TEXAS STATE BOARD OF PLUMBING EXAMINERS
FOR USE IN THE (state year) CPE YEAR. BY ITS APPROVAL OF THIS COURSE MATERIAL,
THE TEXAS STATE BOARD OF PLUMBING EXAMINERS DOES NOT ASSUME ANY RESPONSIBILITY
FOR THE ACCURACY OF THE CONTENTS OF THE COURSE MATERIAL. FURTHER, THE TEXAS
STATE BOARD OF PLUMBING EXAMINERS IS NOT MAKING ANY DETERMINATION THAT THE
PARTY PUBLISHING THE COURSE MATERIALS HAS COMPLIED WITH ANY APPLICABLE COPYRIGHT
AND OTHER LAWS IN PUBLISHING THE COURSE MATERIAL AND THE TEXAS STATE BOARD
OF PLUMBING EXAMINERS DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY THEREFOR.
THE COURSE MATERIAL IS NOT BEING PUBLISHED BY NOR IS IT A PUBLICATION OF THE
TEXAS STATE BOARD OF PLUMBING EXAMINERS."
(10)
The provider of Course Materials will conduct instructor
training in the use of Course Materials.
(11)
The provider of Course Materials will be required to have
distribution facilities that will ensure prompt distribution of course materials,
facsimile ordering and a statewide toll free telephone number for placing
orders. The provider of Course Materials must ship any ordered material within
ten business days after the receipt of the order and payment for the course
materials.
(12)
The Board shall annually approve only individuals, businesses
or associations to provide Course Materials. Any individual, business or association
who wishes to offer to provide Course Materials shall apply to the Board for
approval using application forms prepared by the Board. In order to be approved,
the application must satisfy the Board as to the ability of the individual,
business or association to provide quality Course Materials as required in
this Section and must include:
(A)
name and address of individual applicant,
(B)
names and addresses of all officers, directors, trustees
or members of the governing board of any business or association applicant,
(C)
statement by individual applicant, and each officer, director,
trustee or member of governing board as to whether he or she has ever been
convicted of a felony or misdemeanor other than a minor traffic violation,
(D)
certificate of good standing issued by the Texas Comptroller
of Public Accounts for business or association applicants,
(E)
fees to be charged for Course Materials,
(F)
taxpayer identification number,
(13)
The provider of Course Materials must sell Course Materials
to all Course Providers and Licensees at the same price as stated in the application.
(14)
The Board may refuse to accept any application for approval
as a provider of Course Materials that is not complete. The Board may deny
approval of an application for any of the following reasons:
(A)
failure to comply with the provisions of this section;
(B)
inadequate coverage of the materials required to be included
in Course Materials; or
(C)
unsatisfactory evaluations of the Course Materials by Course
Providers, Instructors, Licensees, or Board staff.
(15)
If an application is refused or disapproved, written notice
detailing the basis of the decision shall be provided to the applicant.
(16)
A provider's authority to offer the Course Materials for
which CPE credit is given expires on June 30 of the following calendar year
after approval.
(17)
All providers of Course Materials must meet the following
time schedule each year for approval of Course Materials [
(A)
At least
15
[
(B)
At least
15
[
(C)
At least
15
[
[(18)
All providers of Course Materials must
meet the following time schedule each year for approval of Course Materials
to be used for the 2003-2004 and following CPE years:]
[(A)
At least 20 copies each of the final draft version of
the Course Materials must be submitted to the Board's office no later than
September 1, for Board approval at its January Board meeting.]
[(B)
At least 20 copies each of the revised and completed version
of the Course Materials must be submitted to the Board's office no later than
March 1, for Board approval at its April Board meeting.]
[(C)
At least 50 copies each of all Course Materials that are
approved at the Board's April Board meeting shall be provided to the Board's
office no later than July 1 at no cost to the Board.]
(18)
[
(b)
Course Providers--The Board will annually approve only
individuals, businesses or associations as Course Providers. Course Providers
will offer classroom and correspondence instruction in the Course Materials
used for the Continuing Professional Education (CPE) required for renewal
of all licenses issued under the Act. Board approval of Course Providers will
be subject to all of the terms and conditions of this Section. The following
minimum criteria will be used by the Board in considering approval of Course
Providers:
(1)
CPE courses shall be presented in one of the following
formats:
(A)
Six classroom hours presented on one day
(B)
Two sessions of three classroom hours each presented within
a seven day period or
(C)
An approved correspondence course.
(2)
Not less than three hours of the classroom course will
be in the subjects of health protection, energy conservation and water conservation.
(3)
Presentations must be based primarily on the Course Materials
and any other materials approved by the Board.
(4)
In addition to Course Materials, presentations may include
videos, films, slides or other appropriate types of illustrations and graphic
materials related to the Course Materials.
(5)
Course Providers shall limit the number of students for
any CPE class to forty-five (45).
(6)
A Course Provider may not advertise or promote the sale
of any goods, products or services between the opening and closing hours of
any CPE class.
(7)
Each Course Provider shall furnish a uniquely numbered
Certificate of Completion of CPE to each Licensee, but only after the licensee
has completed the CPE course. The Board will assign the unique numbers to
be used on each Certificate to each Course Provider.
(8)
Each Course Provider shall, at its own expense and in a
format approved by the Board, electronically transmit to the Board certification
of each Licensee's completion of CPE requirements within forty-eight hours
of completion.
(A)
The Board may provide training to the Course Provider in
the method for electronic transmittal.
(B)
The Board may charge a fee to recover its costs for computer
software and training in the use of the software to the Course Provider.
(9)
Each Course Provider shall be reviewed annually by the
Board to ensure that classes have been provided equitably across the state
of Texas, except as provided in §365.14(b)(15)(J).
(10)
Each Course Provider must notify the Board at least 7
days before conducting classes; the notice shall contain the time(s) and place(s)
where the classes will occur.
(11)
Each Course Provider will perform self-monitoring and
reporting as required by the Board.
(12)
Each Course Provider shall use only Course Instructors
that have been approved by the Board. Each Course Provider shall annually
submit to the Board's office a list of Course Instructors it employs and the
instructors' credentials for approval. Initial lists of Course Instructors,
to be approved for the 2002-2003 and later CPE years, must be submitted each
year no later than March 15 for approval by the Board at its April Board meeting.
The Board may approve additional Course Instructors at any regularly scheduled
Board meeting.
(13)
Prior to allowing Course Instructors to teach CPE, Course
Providers must provide documentation to the Board showing the instructor's
successful completion of Course Materials training.
(14)
Course Instructors must comply with
subsection
[
(15)
Any individual, business or association who wishes to
be a Course Provider shall apply to the Board for approval using application
forms prepared by the Board. In order to be approved, the application must
satisfy the Board as to the ability of the individual, business or association
to provide quality instruction in the Course Materials as required in this
Section and must include:
(A)
name and address of individual applicant,
(B)
names and addresses of all officers, directors, trustees
or members of the governing board of any business or association applicant,
(C)
statement by individual applicant, and each officer, director,
trustee or member of governing board as to whether he or she has ever been
convicted of a felony or misdemeanor other than a minor traffic violation,
(D)
certificate of good standing issued by the Texas Comptroller
of Public Accounts for business or association applicants,
(E)
taxpayer identification number,
(F)
facsimile number, statewide toll free telephone number,
Internet web site or electronic mail address,
(G)
fees to be charged to Licensees for attending the course,
considering the following:
(i)
If the Course Provider is not also a provider of Course
Materials and will purchase Course Materials, the Course Provider may not
charge the Licensees more than its actual cost for the Course Materials supplied
to the Licensees by the Course Provider.
(ii)
The fees charged to the Licensees for attending the course
will be determined by the Course Provider.
(H)
an example of a Licensee's Certificate of Completion of
CPE,
(I)
CPE class scheduling plan,
(J)
plan for providing courses equitably across the state (the
following individuals or businesses will not have to comply with this subparagraph:
(i)
Employers applying to be approved as Course Providers for
the purpose of providing CPE courses only to the employers' employees, and
(ii)
Individuals who will not employ Course Instructors other
than themselves),
(K)
method for reporting compilations of Licensee evaluations
of Course Materials, Course Provider and Course Instructors to the Board,
in accordance with the following:
(i)
Course Providers shall provide quarterly reports no later
than December 15, March 15, June 15 and September 15, for the first year in
which the Course Provider provides CPE courses;
(ii)
Renewing Course Providers shall provide only annual reports,
no later than September 15 of each year, for the preceding CPE course year.
(L)
method for ensuring that only Licensees who meet one or
more of the following requirements may receive CPE credit for taking an CPE
correspondence course:
(i)
any Licensee that lives outside of the State of Texas,
or
(ii)
lives in a county that does not have a city with a population
in excess of 100,000, or
(iii)
who has an expired license that requires a CPE course
that is no longer available in the classroom, or
(iv)
who submits written proof to the Board from a physician
stating the medical reason that the licensee is unable to attend a CPE class;
(M)
identification of the Course Materials which will be used
by the Course Provider.
(16)
The Board may refuse to accept any application for approval
as a Course Provider that is not complete. The Board may deny approval of
an application for any of the following reasons:
(A)
failure to comply with the provisions of this section;
(B)
inadequate instruction of the materials required to be
included in Course Materials; or
(C)
unsatisfactory evaluations of the Course Provider by Licensees
or Board staff.
(17)
If an application is refused or disapproved, written notice
detailing the basis of the decision shall be provided to the applicant.
(18)
A Course Provider's authority to offer instruction in
the Course Materials for which CPE credit is given expires on June 30, of
the following calendar year after approval.
(19)
Beginning with the 2000-2001 CPE year, the Board will
establish the deadline in which applications must be submitted after the effective
date of this rule. For the 2001-2002 and following CPE years, all Course Provider
applications must be submitted to the Board office no later than December
1, each year for approval at the Board's January meeting.
(20)
The Board shall review Course Providers for quality in
instruction. The Board shall also investigate and take appropriate action,
up to and including revocation of authority to provide CPE, regarding complaints
involving approved Course Providers.
(21)
A provider's failure to comply with this section constitutes
grounds for disciplinary action, up to and including revocation of authority
to provide CPE, against the provider or for denial of future applications
for approval as a Course Provider.
(c)
Course Instructors- The Board will annually approve Course
Instructors to provide the classroom instruction in the Course Materials used
for the Continuing Professional Education (CPE) required for renewal of Journeyman
Plumber, Master Plumber, Tradesman Plumber-Limited Licensee and Plumbing Inspector
Licenses. Board approval of Course Instructors will be subject to all of the
terms and conditions of this Section. An individual who wishes to be approved
by the Board as a Course Instructor must apply to the Board using an application
form approved by the Board. The following minimum criteria will be used by
the Board in considering approval of Course Instructors:
(1)
Instructors must be licensees of the Board and attend and
successfully complete a Course Instructor Certification Workshop each year
conducted by the Board (the Board will charge a fee to recover its costs for
conducting the Course Instructor Certification Workshop).
(2)
Instructors will be required to successfully complete a
Board approved program of 160 clock hours which meets the following criteria.
The Board will allow credit for approved courses.
(A)
40 hours to provide the Instructor with the basic educational
techniques and instructional strategies necessary to plan and conduct effective
training programs.
(B)
40 hours to provide the Instructor with the basic techniques
and strategies necessary to analyze, select, develop, and organize instructional
material for effective training programs.
(C)
40 hours to provide the Instructor with the basic principles,
techniques, theories, and strategies to establish and maintain effective relationships
with students, co-workers, and other personnel in the classroom, industry,
and community.
(D)
40 hours to provide the Instructor with the basic principles,
techniques, theories, and strategies to communicate effectively with the use
of instructional media.
(E)
To maintain his/her status as an approved Course Instructor,
the Instructor shall undergo one of the aforementioned training programs every
12 months such that the entire training (160 hours) is complete within four
years.
(3)
A Course Instructor may not advertise or promote the sale
of goods, products, or services between the opening and closing hours of any
CPE class.
(4)
As a Course Instructor and Licensee of the Board, a Course
Instructor must comply with the Plumbing License Law and Board Rules, including §367.2
of the Board Rules regarding Standards of Conduct. An Instructor has a responsibility
to his students and employer to:
(A)
be well versed in and knowledgeable of the Course Materials,
(B)
maintain an orderly and professional classroom environment
,
[
(C)
ensure that only students who receive
six contact hours of instruction (excluding any time spent on breaks from
instruction) receive credit for attending the CPE class, and;
(D)
[
(5)
The Board shall review Course Instructors for quality of
instruction. The Board shall also respond to complaints regarding Course Instructors.
(6)
A Course Instructor's failure to comply with this section
constitutes grounds for disciplinary action against the Instructor or for
disapproval of future applications for approval as a Course Instructor.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on May 7, 2004.
TRD-200403085
Robert L. Maxwell
Executive Director
Texas State Board of Plumbing Examiners
Earliest possible date of adoption: June 20, 2004
For further information, please call: (512) 458-2145
22 TAC §367.1
The Texas State Board of Plumbing Examiners (Board) proposes
amendments to §367.1, which generally states laws and rules which must
be complied with by licensees, registrants, individuals and companies involved
in the installation of plumbing. The rule also sets forth authority for enforcement
of the Plumbing License Law, Board Rules and plumbing codes.
The proposed amendments are necessary due to the codification of the Plumbing
License Law (Law) during the 78th Legislative Regular Session, moving the
Law from Vernon's Civil Statutes, Article 6243-101 to Title 8, Chapter 1301,
Occupations Code. A reference in the rule made to a section of Vernon's Civil
Statutes, Article 6243-101 is proposed to be changed to a reference in Chapter
1301 of the Occupations Code.
The proposed amendments are also necessary due to the passage of HB 2661
during the 78th Legislative Regular Session, which provides the Texas Commission
on Environmental Quality with rule making authority regarding the use and
reuse of graywater. HB 2661 removed authority from the Texas State Board of
Plumbing Examiners to promulgate greywater rules. The proposed amendments
to §367.1 will reflect the change made by HB 2661.
Robert L. Maxwell, Executive Director of the Texas State Board of Plumbing
Examiners, has determined that for the first five-year period the rule is
in effect there will be no fiscal impact on state and local government as
well as small businesses and persons required to comply with the amendments.
Mr. Maxwell also has determined that each year of the first five years
the rule is effect the public benefit anticipated as a result of enforcing
the rule will be that the Board Rule will not be in conflict with state law.
Comments on the proposed rule changes may be submitted within 30 days of
publication of these proposed rule amendments in the
Texas Register
, to Robert L. Maxwell, Executive Director, Texas State
Board of Plumbing Examiners, 929 East 41st Street, P.O. Box 4200, Austin,
Texas 78765-4200.
The amendments are proposed under and affect Title 8, Chapter
1301, Occupations Code, as amended by the 78th Legislature ("Plumbing License
Law" or "Law"), §1301.251, HB 2661 (78th Legislative Regular Session)
and the rule it amends. Section 1301.251 requires the Board to adopt and enforce
rules necessary to administer the Plumbing License Law. HB 2661 removed authority
from the Texas State Board of Plumbing Examiners to promulgate greywater rules.
No other statute, article or code is affected by this proposed amendment.
§367.1.General Provisions.
(a) - (h)
(No change.)
(i)
Plumbing installed in compliance with a code adopted under
subsection (e), (f), or (h) of this section must be inspected by a plumbing
inspector. To perform this inspection, the political subdivision may contract
with any plumbing inspector paid directly by the political subdivision. The
plumbing inspector must be licensed as required by §§
1301.255(e),
1301.351(b) and 1301.551 of the Plumbing License Law
[
(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 May 7, 2004.
TRD-200403086
Robert L. Maxwell
Executive Director
Texas State Board of Plumbing Examiners
Earliest possible date of adoption: June 20, 2004
For further information, please call: (512) 458-2145
is
] fulfills all requirements of the board and of the
Texas Barber Law[
, §9
].
The payment of the required inspection
(permit) fee or the re-inspection fee must be received by the board before
the initial inspection or re-inspection will be scheduled.
Subchapter D. BARBER SHOPS Fee ] for Occupational Licensing Transactions [ Using the Internet ].
each licensee, upon
renewal,
] shall pay the following State-Mandated
Texas Online Authority
Fees
[
Fee
] for Occupational Licensing Transactions. [
Using the Internet: $6 for a barber; $3 for a manicurist. This fee is in addition
to the renewal fee.
]
These fees are in addition to the original
license or permit fees and the license or permit renewal fees.
Part 17.
TEXAS STATE BOARD OF PLUMBING EXAMINERS
Texas Civil Statutes, Article 6243-101
],
as amended.
§5B of the Act
].
5(f) of the Act
] and Chapter 2110 of the Government
Code, of which the primary function is to advise the Board.
15 of the Act
] and §367.3 of these Rules.
Administrator
], coordinates and supervises the activities of the Field Representatives.
2(13) of the Act
], a code approved existing opening
is any existing cleanout fitting, inlet of any p-trap or fixture, or vent
terminating into the atmosphere that has been approved and installed in accordance
with the adopted plumbing code.
8A of this Act
];
14 of this Act
].
5B(e) of the Act
] and §365.1(4)(B)
of these Rules, "paid" and "directly" have the common meanings and "paid directly"
means that compensation for plumbing inspections must be paid by the political
subdivision to the individual Licensed Plumbing Inspector who performed the
plumbing inspections.
5B and §15(a)
of the Act
], including any check of pipes, faucets, tanks, valves, water
heaters, plumbing fixtures and appliances by and through which a supply of
water, gas, medical gasses or vacuum, or sewage is used or carried that is
performed on behalf of any political subdivision, public water supply, municipal
utility district, town, city or municipality to ensure compliance with the
adopted plumbing and gas codes and ordinances regulating plumbing.
2(12) of the Act
],
a p-trap includes any integral trap of a water closet, bidet, or urinal.
$175;
]
$25;
]
$50;
]
$12;
]
$50;
]
$12;
]
$50;
]
$25;
]
$10;
]
$10;
]
$10;
]
$10.
]
$150;
]
$25;
]
$75;
]
$25;
]
$50;
]
$25;
]
$75;
]
$25.
]
Subchapter B. PETITION FOR ADOPTION OF RULES
Subchapter C. ELECTION OF BOARD OFFICERS Election of ] Board Officers.
Beginning with the
July 1997 Board meeting, the Board shall formally elect a Chairman, Vice-Chairman,
and Secretary. Elections will be held every two years. The elected Board officers
will take office on the first day of September following the elections held
at the July Board meeting. Each elected Board officer shall serve a two-year
term. If an office becomes vacant for any reason, a special election will
be held at the next regularly scheduled board meeting to fill the office for
the unexpired term.
]
Chapter 365.
LICENSING AND REGISTRATION
to be used
for the 2002-2003 CPE years
]:
20
] copies each of the
[
final
] draft version of the Course Materials must be submitted
to the Board's office no later than
November 15
[
December
1
] for Board approval at its January Board meeting.
20
] copies each of the
revised [
and completed
] version of the Course Materials must be
submitted to the Board's office no later than March
15
[
1
], for Board approval at its April Board meeting.
50
] copies each of all
Course Materials that are approved at the Board's April Board meeting shall
be provided to the Board's office
in completed form
no later than
July 1 at no cost to the Board.
(19)
] A provider's failure to comply
with this section constitutes grounds for disciplinary action against the
provider or for disapproval of future applications for approval as a provider
of Course Materials.
Section
] (c) of this Section. Course Providers shall notify the Board
within 10 days of any change of an instructor's employment status with the
Course Provider.
and
]
(C)
] coordinate with the Course
Provider to develop an appropriate method for handling disorderly and disruptive
students. A Course Instructor shall report to the Course Provider and the
Board, any non-responsive and disruptive student who attends a CPE course.
The Board may deny CPE credit to any such student and require, at the student's
expense, successful completion of an additional CPE course to receive credit.
Chapter 367.
ENFORCEMENT
Section 14(a)
of the Act
].
(k)
New construction of a graywater
system or modification to an existing graywater system must be carried out
in accordance with the rules of the Texas State Board of Plumbing Examiners
and the Texas Natural Resource Conservation Commission.]