TITLE 16.ECONOMIC REGULATION

Part 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION

Chapter 62. CAREER COUNSELING SERVICES

16 TAC §62.80

The Texas Department of Licensing and Regulation ("Department") proposes an amendment to an existing rule at 16 Texas Administrative Code, §62.80 regarding the career counseling services program.

The amendment proposes to lower the original and renewal certificate of authority fee from $2,000 to $1,250. Texas Occupations Code, §51.202 requires the Department to set fees in amounts reasonable and necessary to cover the costs of administering programs under its jurisdiction. The Department conducted its annual fee review pursuant to §51.202 and recommended to the Texas Commission of Licensing and Regulation ("Commission") that the referenced fees be reduced as indicated. The revenue generated by current fees exceeds the amount required by the Department to cover costs of administering the career counseling services program. On August 9, 2004, the Commission directed the Department to initiate the recommended fee reductions.

William H. Kuntz, Jr., Executive Director, has determined that for the first five-year period the proposed amendments are in effect there will be no cost to state or local government as a result of enforcing or administering this section.

Mr. Kuntz also has determined that for each year of the first five-year period the amendments are in effect, the public benefit will be lower per certificate costs.

The Department anticipates decreased economic costs to licensees, small businesses, micro-businesses, or other persons who are required to comply with the section as proposed because of the proposed fee reductions.

Comments on the proposal may be submitted to William H. Kuntz, Jr., Executive Director, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, or facsimile 512/475-3032, or electronically: whkuntz@license.state.tx.us. The deadline for comments is 30 days after publication in the Texas Register .

The amendment is proposed under Texas Occupations Code, Chapter 2502 and Chapter 51, §§51.201, 51.202, and 51.203 which authorizes the Department to adopt rules as necessary to implement this chapter and any other law establishing a program regulated by the Department and which requires the Commission to set fees in amounts reasonable and necessary to cover the costs of administering Department programs.

The statutory provisions affected by the proposal are those set forth in Texas Occupations Code, Chapter 2502 and Chapter 51. No other statutes, articles, or codes are affected by the proposal.

§62.80.Fees--Original Certificate of Authority.

(a) Original and renewal certificate of authority fee--$ 1,250 [ 2,000 ].

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

(c) Reprint fee--$25.

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 November 8, 2004.

TRD-200406713

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Earliest possible date of adoption: December 26, 2004

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


Chapter 73. ELECTRICIANS

16 TAC §73.80

The Texas Department of Licensing and Regulation ("Department") proposes amendments to an existing rule at 16 Texas Administrative Code, §73.80, concerning electrician application and renewal license fees and revised or duplicate license fees in the electricians program.

The amendment proposes to lower the application and renewal license fees for master electricians and master sign electricians from $75 to $65 and for journeyman electricians and journeyman sign electricians from $50 to $40. The amendment also proposes to add language to clarify that the fee for the issuance of a revised or duplicate license is $25 with the exception of a revised or duplicate license fee of $15 for an electrical apprentice. Texas Occupations Code, §51.202 requires the Department to set fees in amounts reasonable and necessary to cover the costs of administering programs under its jurisdiction. The Department conducted its annual fee review pursuant to §51.202 and recommended to the Texas Commission of Licensing and Regulation ("Commission") that the referenced fees be reduced as indicated. The revenue generated by current fees exceeds the amount required by the Department to cover costs of administering the electricians program. On August 9, 2004, the Commission directed the Department to initiate the recommended fee reductions.

William H. Kuntz, Jr., Executive Director, has determined that for the first five-year period the proposed amendments are in effect there will be no cost to state or local government as a result of enforcing or administering this section.

Mr. Kuntz also has determined that for each year of the first five-year period the amendments are in effect, the public benefit will be lower per license and renewal costs.

The Department anticipates decreased economic costs to licensees, small businesses, micro-businesses, or other persons who are required to comply with the section as proposed because of the proposed fee reductions.

Comments on the proposal may be submitted to William H. Kuntz, Jr., Executive Director, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, or facsimile (512) 475-3032, or electronically: whkuntz@license.state.tx.us. The deadline for comments is 30 days after publication in the Texas Register .

The amendments are proposed under Texas Occupations Code, Chapter 1305 which establishes a program to regulate electricians and Texas Occupations Code, Chapter 51, §§51.201, 51.202, and 51.203 which authorizes the Department to adopt rules as necessary to implement this chapter and any other law establishing a program regulated by the Department and which requires the Commission to set fees in amounts reasonable and necessary to cover the costs of administering Department programs.

The statutory provisions affected by the proposal are those set forth in Texas Occupations Code, Chapter 1305 and Texas Occupations Code, Chapter 51. No other statutes, articles, or codes are affected by the proposal.

§73.80.Fees.

(a) Application and renewal fees:

(1) Master Electrician--$ 65 [ 75 ]

(2) Master Sign Electrician--$ 65 [ 75 ]

(3) Journeyman Electrician--$ 40 [ 50 ]

(4) Journeyman Sign Electrician--$ 40 [ 50 ]

(5) Residential Wireman--$25

(6) Maintenance Electrician--$25

(7) Electrical Contractor--$125

(8) Electrical Sign Contractor--$125

(9) Electrical Apprentice--$15

(b) Late Renewal Fees

(1) A person whose license has been expired for 90 days or less may renew the license by paying a late renewal fee equal to 1 and 1/2 times the normally required renewal fee.

(2) A person whose license has been expired for more than 90 days but less than two years may renew the license by paying a late renewal fee equal to two times the normally required renewal fee.

(3) A person paying a late renewal fee is not required to pay the normally required renewal fee.

(c) Revised [ Issuance of a revised ] or duplicate license fees: [ is $25. ]

(1) All licenses except as set out below--$25

(2) Electrical Apprentice--$15

(d) All fees are non-refundable.

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 November 12, 2004.

TRD-200406806

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Earliest possible date of adoption: December 26, 2004

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


Chapter 77. SERVICE CONTRACT PROVIDERS

16 TAC §77.80

The Texas Department of Licensing and Regulation ("Department") proposes amendments to an existing rule at 16 Texas Administrative Code, §77.80 regarding the service contract providers program.

Amendments to §77.80 propose to lower the registration fees for 0-250 contracts from $750 to $250; for 251-499 contracts from $1,400 to $500; and for 500 or more contracts from $1,900 to $1,000. Texas Occupations Code, §51.202 requires the Department to set fees in amounts reasonable and necessary to cover the costs of administering programs under its jurisdiction. The Department conducted its annual fee review pursuant to §51.202 and recommended to the Texas Commission of Licensing and Regulation ("Commission") that the referenced fees be reduced as indicated. The revenue generated by current fees exceeds the amount required by the Department to cover costs of administering the service contract providers program. On August 9, 2004, the Commission directed the Department to initiate the recommended fee reductions.

William H. Kuntz, Jr., Executive Director, has determined that for the first five-year period the proposed amendments are in effect there will be no cost to state or local government as a result of enforcing or administering this section.

Mr. Kuntz also has determined that for each year of the first five-year period the amendments are in effect, the public benefit will be lower registration costs.

The Department anticipates decreased economic costs to licensees, small businesses, micro-businesses, or other persons who are required to comply with the section as proposed because of the proposed fee reductions.

Comments on the proposal may be submitted to William H. Kuntz, Jr., Executive Director, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, or facsimile 512/475-3032, or electronically: whkuntz@license.state.tx.us. The deadline for comments is 30 days after publication in the Texas Register .

The amendments are proposed under Texas Occupations Code, Chapter 1304 and Chapter 51, §§51.201, 51.202, and 51.203 which authorizes the Department to adopt rules as necessary to implement this chapter and any other law establishing a program regulated by the Department and which requires the Commission to set fees in amounts reasonable and necessary to cover the costs of administering Department programs.

The statutory provisions affected by the proposal are those set forth in Texas Occupations Code, Chapter 1304 and 51. No other statutes, articles, or codes are affected by the proposal.

§77.80.Fees--Registration.

(a) All registration fees are non-refundable.

(b) The one year registration fees shall be:

(1) $ 250 [ 750 ] for registrants providing 0 to 250 service contracts;

(2) $ 500 [ 1,400 ] for registrants providing 251 to 499 service contracts; and

(3) $ 1,000 [ 1,900 ] for registrants providing 500 or more service contracts.

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

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

This agency hereby certifies that the 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 November 8, 2004.

TRD-200406714

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Earliest possible date of adoption: December 26, 2004

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