TITLE 22.EXAMINING BOARDS

Part 21. TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS

Chapter 463. APPLICATIONS AND EXAMINATIONS

22 TAC §463.7

The Texas State Board of Examiners of Psychologists proposes new §463.7, concerning Criminal History Record Reports. This new rule is being proposed to clarify to applicants and licensees the Board's intention to solicit criminal record checks.

Sherry L. Lee, Executive Director, has determined that for the first five-year period the rule is in effect there will be fiscal implications of approximately $600 additional costs to the Board but not to local government as a result of enforcing or administering the rule. This amount will be paid annually to the Texas Department of Public Safety for the quarterly criminal record checks and checks on applicants for licensure.

Ms. Lee also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be to help the Board protect the public. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the rule as proposed.

Comments on the proposal may be submitted to Brenda Skiff, Texas State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, Texas 78701, (512) 305-7700.

The new rule is proposed under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.

No other code, articles or statutes are affected by this section.

§463.7.Criminal History Record Reports.

(a) Before issuing a license, the Board will obtain or require the applicant to obtain a criminal history record report as determined by the Board.

(b) The Board will obtain updated criminal history record reports on all licensees quarterly from the Texas Department of Public Safety.

(c) The Board may obtain an updated criminal history record report at any time on a licensee alleged to have violated the Act or rules of the Board.

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 August 14, 2006.

TRD-200604280

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Earliest possible date of adoption: September 24, 2006

For further information, please call: (512) 305-7700


Chapter 469. COMPLAINTS AND ENFORCEMENT

22 TAC §469.11

The Texas State Board of Examiners of Psychologists proposes an amendment to §469.11, concerning Legal Actions Reported. This amendment is being proposed to standardize the time limit for reporting legal actions to the Board.

Sherry L. Lee, Executive Director, has determined that for the first five-year period the amendment is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the amended rule.

Ms. Lee also has determined that for each year of the first five years the amendment is in effect the public benefit anticipated as a result of enforcing the amended rule will be to help the Board protect the public. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the amendment as proposed.

Comments on the proposal may be submitted to Brenda Skiff, Texas State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, Texas 78701, (512) 305-7700.

The amendment is proposed under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.

No other code, articles or statutes are affected by this amendment.

§469.11.Legal Actions Reported.

Any criminal action taken against a licensee including, but not limited to, arrest, indictment, or conviction, must be reported to the Board within thirty days of the activity. Any civil lawsuit pertaining to the practice of psychology or involving a licensee's patient or former patient must be reported to the Board's office by sending a copy of the initial pleadings to the Board within thirty [ twenty ] days of the filing of such action with the court. The licensee may, if desired, submit any further documentation and/or a written explanation along with a copy of the pleadings. Any administrative action (complaint, agreed order) initiated against a licensee by another health licensing board in this state or any other jurisdiction must be reported to the Board by sending a copy of the correspondence from the other licensing board within thirty days of its receipt by the licensee.

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 August 14, 2006.

TRD-200604281

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Earliest possible date of adoption: September 24, 2006

For further information, please call: (512) 305-7700


Part 23. TEXAS REAL ESTATE COMMISSION

Chapter 535. GENERAL PROVISIONS

Subchapter F. EDUCATION, EXPERIENCE, EDUCATIONAL PROGRAMS, TIME PERIODS AND TYPE OF LICENSE

22 TAC §535.61

The Texas Real Estate Commission (TREC) proposes an amendment to §535.61, concerning Examinations. Section 535.61 authorizes the commission to waive the national portion of the examination for an applicant who has passed a comparable national examination that has been certified by a nationally recognized real estate regulator association. The amendment to §535.61 would clarify that the waiver would only apply to an applicant who has a current license equivalent to the license being applied for.

Loretta R. DeHay, general counsel, has determined that for the first five-year period the section is in effect there will be no fiscal implications for the state as a result of enforcing or administering the section. There are no anticipated fiscal implications for units of local government. There is no anticipated impact on small businesses, micro businesses or local or state employment as a result of implementing the section as proposed.

Ms. DeHay also has determined that for each year of the first five years the section as proposed is in effect the public benefit anticipated as a result of enforcing the section will be acceptance of national test results from other states with comparable examinations and facile implementation of on-line renewal requirements. There is no anticipated economic cost to persons who are required to comply with the proposed section.

Comments on the proposal may be submitted to Loretta R. DeHay, General Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.

The amendments are proposed under Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to make and enforce all rules and regulations necessary for the performance of its duties and to establish standards of conduct and ethics for its licensees in keeping with the purposed and intent of the Act to insure compliance with the provisions of the Act.

The statute affected by this proposal is Texas Occupations Code, Chapter 1101. No other statute, code or article is affected by the proposed amendments.

§535.61.Examinations.

(a) - (f) (No change.)

(g) The commission may waive the national portion of the examination of an applicant for a broker or salesperson license if the applicant maintains a license equivalent to the license being applied for and has passed a comparable national examination accredited or certified by a nationally recognized real estate regulator association.

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 August 8, 2006.

TRD-200604078

Loretta R. DeHay

General Counsel

Texas Real Estate Commission

Earliest possible date of adoption: September 24, 2006

For further information, please call: (512) 465-3900