TITLE 22.EXAMINING BOARDS

Part 2. TEXAS STATE BOARD OF BARBER EXAMINERS

Chapter 51. PRACTICE AND PROCEDURE

Subchapter A. THE BOARD

22 TAC §51.3

The Texas State Board of Barber Examiners adopts an amendment to Rule §51.3 (Administrative Fines) to add fines for violations of the proposed new Rule §51.91 that clarifies the responsibilities of barber shop and specialty shop owners and managers in regard to verifying the licenses and permits of all employees and independent contractors (booth renters) who engage in barbering in the shop. The fine for allowing an independent contractor without a license or a booth rental permit to engage in barbering in a shop would be $500 for the first offense, $750 for the second offense, and $1,000 for the third and subsequent offenses. The fines for allowing an employee or independent contractor to engage in barbering with an expired license or an expired booth rental permit would be $100 for the first offense, $300 for the second offense, and $500 for the third and subsequent offenses. The amendment to §51.3 is adopted without changes to the proposed text as published in the January 14, 2005, issue of the Texas Register (30 TexReg 69) and will not be republished.

The amendment is adopted to increase compliance by licensees and permit holders with the statutes and rules under which they are regulated and help ensure that all individuals engaged in barbering in a barber shop or specialty shop have the appropriate current licenses and permits issued by the Board.

No comments were received on the proposed amendment to the rule.

This amendment is proposed under the Texas Occupations Code Chapter 1601.151 which provides the Texas State Board of Barber Examiners with the authority to adopt and enforce all rules necessary for the performance of its duties, and under TOC Chapter 1601.155 which provides the Board with the authority to set fees, and under TOC Chapter 1601.701 which provides the Board with the authority to impose administrative penalties.

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 March 11, 2005.

TRD-200501121

Glenn D. Parker

Executive Director

Texas State Board of Barber Examiners

Effective date: March 31, 2005

Proposal publication date: January 14, 2005

For further information, please call: (512) 936-6333


Subchapter D. BARBER SHOPS

22 TAC §51.93

The Texas State Board of Barber Examiners adopts an amendment to Rule §51.93 Sanitation Rules for Barber Shops and Barber Schools and Colleges to require that each chair or station in a barber shop have its own jar or container of liquid sterilizer for use in sterilizing combs, brushes, clipper guards, or other appropriate implements between use. The amendment is adopted without change to the proposed text as published in the January 14, 2005 issue of the Texas Register (30 TexReg 68) and will not be republished.

The action is adopted to protect the public from the potential spread of disease or other health hazards that may be spread through the use of unsanitary or non-sterilized equipment or implements.

No comments on the proposed rule changes were received.

The amendment is adopted under the Texas Occupation Code Chapter 1601.151 which provides the Texas State Board of Barber Examiners with the authority to adopt and enforce all rules necessary for the performance of it's duties.

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 March 11, 2005.

TRD-200501120

Glenn D. Parker

Executive Director

Texas State Board of Barber Examiners

Effective date: March 31, 2005

Proposal publication date: January 14, 2005

For further information, please call: (512) 936-6333


Part 14. TEXAS OPTOMETRY BOARD

Chapter 277. PRACTICE AND PROCEDURE

22 TAC §277.6

The Texas Optometry Board adopts amendments to §277.6 without changes to the proposed text as published in the December 10, 2004, issue of the Texas Register (29 TexReg 11458).

The amendments raise the maximum amount for administrative penalties for violations of specific sections of the Texas Optometry Act and Rules. The amendments add a maximum penalty for failing to respond to the Board's inquiry in the time period permitted by Rule §277.1.

No comments were received.

The amendments are adopted under the Texas Optometry Act, Texas Occupations Code, §§351.151, 351.551 and 351.552. No other sections are affected by the amendments.

The Texas Optometry Board interprets §351.151 as authorizing the adoption of procedural and substantive rules for the regulation of the optometric profession. The Board interprets §351.551 and §351.552 as authorizing the imposition of administrative penalties by the Board according to provisions set out in the Act.

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 March 10, 2005.

TRD-200501091

Chris Kloeris

Executive Director

Texas Optometry Board

Effective date: March 30, 2005

Proposal publication date: December 10, 2004

For further information, please call: (512) 305-8502


Chapter 279. INTERPRETATIONS

22 TAC §279.10

The Texas Optometry Board adopts new §279.10 without changes to the proposed text as published in the December 10, 2004, issue of the Texas Register (29 TexReg 11459).

The new rule clarifies the statutory requirements for professional identification of an optometrist's practice. The new rule distinguishes between temporary relief or fill-in doctors and doctors who practice at a location on a regular basis.

No comments were received.

The new rule is adopted under the Texas Optometry Act, Texas Occupations Code, §§351.151, 351.458, and 351.362. No other sections are affected by the new rule.

The Texas Optometry Board interprets §351.151 as authorizing the adoption of procedural and substantive rules for the regulation of the optometric profession. Section 351.362 requires an optometrist to post his or her name so that it is visible prior to the entry into the optometrist's office. The agency interprets §351.458 as prohibiting an optometrist from posting his or her name if the optometrist does not regularly practice in that office.

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 March 10, 2005.

TRD-200501092

Chris Kloeris

Executive Director

Texas Optometry Board

Effective date: March 30, 2005

Proposal publication date: December 10, 2004

For further information, please call: (512) 305-8502