25 TAC §§267.2, 267.3, 267.9
The Health and Human Services Executive Commissioner on behalf
of the Department of State Health Services (department) adopts amendments
to §§267.2, 267.3, and 267.9, concerning fees and two-year licensing
for non-commercial health-related pesticide applicators. These amendments
are adopted without changes to the proposed text as published in the December
3, 2004, issue of the
Texas Register
(29 TexReg
11253) and, therefore, will not be republished.
The amendments are required as a result of Senate Bill 1152, 78th Legislature,
Regular Session, 2003, and amend Government Code, Chapter 2054, to authorize
the department to collect subscription and convenience fees to recover costs
associated with processing licenses through Texas Online, and House Bill 2292,
78th Legislature, Regular Session, 2003, which revised Health and Safety Code, §12.0111,
that requires full cost recovery and §12.0112, that requires two-year
licenses effective January 1, 2005, with a provision for staggering the renewal
of licenses.
The amendments change definitions to include the new name of the department,
and define the increase in fees imposed to implement full recovery of costs.
No comments were received on the proposed rule changes.
The amendments are adopted under the Government Code, Chapter
2054; the Health and Safety Code, §12.0111 and §12.0112; the Government
Code, §531.055; and Health and Safety Code, §1001.075, which authorize
the executive commissioner of the Health and Human Services Commission to
adopt rules necessary for the department to administer its regulatory and
administrative functions.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 15, 2005.
TRD-200500694
Cathy Campbell
Director, Legal Services
Department of State Health Services
Effective date: March 7, 2005
Proposal publication date: December 3, 2004
For further information, please call: (512) 458-7236