TITLE 22.EXAMINING BOARDS

Part 14. TEXAS OPTOMETRY BOARD

Chapter 273. GENERAL RULES

22 TAC §273.4

The Texas Optometry Board proposes amendments to §273.4, concerning fees. The amendment sets the fee for licensees who have not timely complied with continuing education requirements at $182.00, as set by §351.308 of the Texas Optometry Act.

Chris Kloeris, Executive Director of the Texas Optometry Board, has determined that for the first five-year period the amendments are in effect there will be no fiscal implications for local government as a result of enforcing or administering the amendments. For state government, it is projected that there will be increased revenue of less than $100 for the first year of the biennium and each year thereafter that fee amounts are in effect.

Chris Kloeris also has determined that for each of the first five years the amendments are in effect, the public benefit anticipated as a result of the amendments will be assurances that licensees obtain continuing education timely, and that the license renewal process will operate efficiently.

The economic costs for persons who are required to comply with the amendments, including small businesses, will be the same additional $7.00 penalty fee for each licensee who does not obtain continuing education in the required time frame. Licensees in compliance with the deadline do not pay this fee. No disparate effect is foreseen on small or micro-businesses as the fee is imposed on individual professionals regardless of the size of any business.

Comments on the proposal may be submitted to Chris Kloeris, Executive Director, Texas Optometry Board, 333 Guadalupe Street, Suite 2-420, Austin, Texas 78701-3942. The deadline for furnishing comments is 30 days after publication in the Texas Register .

The amendment is proposed under the Texas Optometry Act, Texas Occupations Code, §§351.151, 351.152, and 351.308.

The Texas Optometry Board interprets §351.151 as authorizing the adoption of procedural and substantive rules for the regulation of the optometric profession; §351.152 as granting the Board the authority to establish by rule reasonable and necessary fees to cover the costs of administering the act; and §351.308 as setting the fee for delayed continuing education compliance.

No other sections are affected by the amendments.

§273.4.Fees (Not Refundable).

(a) - (i) (No change.)

(j) Late fees (for all renewals with delayed continuing education) $182.00 [ $175.00 ]

(k) - (o) (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 17, 2006.

TRD-200602799

Chris Kloeris

Executive Director

Texas Optometry Board

Earliest possible date of adoption: July 2, 2006

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