Part 6. TEXAS BOARD OF PROFESSIONAL ENGINEERS
Chapter 137. COMPLIANCE AND PROFESSIONALISM
Subchapter C. PROFESSIONAL CONDUCT AND ETHICS
The Texas Board of Professional Engineers proposes an amendment to §137.53, relating to the Professional Services Procurement Act (PSPA). The proposed amendment corrects the title of the section to conform to the actual title of PSPA.
The proposed amendment changes the section title used in the Board rules to Professional Services Procurement Act.
Lance Kinney, P.E., Deputy Executive Director for the board, has determined that for the first five-year period the proposed amendment is in effect there are no fiscal implications for the state or local government as a result of enforcing or administering the section as amended. Mr. Kinney has determined that there is no additional cost to the agency or to licensees. There is no fiscal impact to individuals required to comply with the rule. There is no effect to small or micro businesses.
Mr. Kinney also has determined that for the first five years the proposed amendment is in effect, the public benefit anticipated as a result of enforcing the proposed amendment would be a clarification of the requirements for practice for Professional Engineers.
Comments may be submitted no later than 30 days after the publication of this notice to Lance Kinney, P.E., Deputy Executive Director, Texas Board of Professional Engineers, 1917 IH-35 South, Austin, Texas 78741 or faxed to his attention at (512) 440-0417.
The amendment is proposed pursuant to the Texas Engineering Practice Act, Occupations Code §1001.202, that authorizes the board to make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own, proceedings, and the regulation of the practice of engineering in this state; and Chapter 2254 of the Texas Government Code (Professional Services Procurement Act)
No other statutes, articles or codes are affected by the proposed amendment.
§137.53.Engineer Standards of Compliance with Professional [ Procurement ] Services Procurement Act.
(a) - (c) (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 March 22, 2007.
TRD-200701139
Dale Beebe Farrow, P.E.
Executive Director
Texas Board of Professional Engineers
Earliest possible date of adoption: May 6, 2007
For further information, please call: (512) 440-7723
Chapter 681. PROFESSIONAL COUNSELORS
The Texas State Board of Examiners of Professional Counselors (board) proposes amendments to §681.14 and §681.125, concerning the licensing and regulation of professional counselors. Specifically, the amendments cover late renewal fees and renewal of inactive status.
The proposed amendment relating to late renewal fees is required by statutory changes to Texas Occupations Code, Chapter 503, by House Bill 1283, passed during the 79th Legislature, Regular Session, 2005. The proposed amendment relating to the renewal of inactive status conforms that status to the two-year licensing period in effect for licenses in regular status.
SECTION-BY-SECTION SUMMARY
The amendment to §681.14 reflects the change in the method of calculating the late renewal fee in accordance with Texas Occupations Code, Chapter 503, specifically §503.354(c) - (d). The statute provides that a person whose license has been expired for 90 days or less may renew the license by paying to the board a fee that is equal to 1-1/4 times the amount of the renewal fee. The statute further provides that if a person's license has been expired for more than 90 days, but less than one year, the person may renew the license by paying to the board a fee that is equal to 1-1/2 times the amount of the renewal fee. The late renewal fees are proposed for adjustment to comply with the statutory directive.
The amendment to §681.125 requires the renewal of inactive status biennially instead of annually. There is not an increased cost to a person who chooses to place a license on inactive status.
FISCAL NOTE
Bobbe Alexander, Executive Director, has determined that for each year of the first five years the sections are in effect, there will be fiscal implications to state government as a result of enforcing or administering the sections as proposed. There will be a decrease in general revenue of $13,440 each year of the first five years the sections are in effect. There will be no fiscal implications to local government.
SMALL AND MICRO-BUSINESS IMPACT ANALYSIS
Ms. Alexander has also determined that there will be no economic costs to small businesses or micro-businesses. This was determined by interpretation of the rules that these entities will not be required to alter their business practices to comply with the sections as proposed. The rules relate to individuals who are licensed as professional counselors, and there are no anticipated economic costs to persons who are required to comply with the sections as proposed. There is no anticipated negative impact on local employment.
PUBLIC BENEFIT
Ms. Alexander has also determined that for each year of the first five years the sections are in effect, the public will benefit from adoption of the sections. The public benefit anticipated as a result of enforcing or administering the sections is to effectively regulate the practice of counseling in Texas, which will protect and promote public health, safety, and welfare, and to ensure that statutory directives are carried out.
REGULATORY ANALYSIS
The board has determined that this proposal is not a "major environmental rule" as defined by Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.
TAKINGS IMPACT ASSESSMENT
The board has determined that the proposed amendments do not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, do not constitute a taking under Government Code, §2007.043.
PUBLIC COMMENT
Comments on the proposal may be submitted to Bobbe Alexander, Executive Director, State Board of Examiners of Professional Counselors, Department of State Health Services, 1100 West 49th Street, Austin, Texas 78756 or by email to lpc@dshs.state.tx.us. When e-mailing comments, please indicate "Comments on Proposed Rules" in the e-mail subject line. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.
Subchapter A. THE BOARD
STATUTORY AUTHORITY
The proposed amendment is authorized by Occupations Code, §503.203, which authorizes the board to adopt rules necessary for the performance of the board's duties.
The proposed amendment affects Occupations Code, Chapter 503.
§681.14.Licensing Fees.
(a) Licensing fees are as follows:
(1) - (3) (No change.)
(4) an initial regular license or a renewal regular license--$100;
[
(4)
a license issued for a one
year term--$50;]
[
(5)
a license issued for a two
year term--$100;]
[
(6)
late renewal fee on one year
renewal cycle:]
[
(A)
1 to 90 days after expiration--$105; and]
[
(B)
91 to 365 days after expiration--$160.]
(5)
[
(7)
] late renewal fee [
on two
year renewal cycle
]:
(A)
1-90 days after expiration--
$125
[
$155
]; and
(B) 91-365 days after expiration--
$150
[
$210
].
(6)
[
(8)
]
biennial
[
annual
] inactive status fee--
$50
[
$25
];
(7)
[
(9)
] license certificate or renewal
card duplication or replacement fee--$10;
(8)
[
(10)
] returned check fee--$25; and
(9)
[
(11)
] art therapy specialty designation
application fee--$30 (in addition to any necessary application fees listed
in paragraphs (1) -
(8)
[
(10)
] of this subsection).
(b) - (f) (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 March 21, 2007.
TRD-200701104
Judy Powell
Chairperson
Texas State Board of Examiners of Professional Counselors
Earliest possible date of adoption: May 6, 2007
For further information, please call: (512) 458-7111 x6990
STATUTORY AUTHORITY
The proposed amendment is authorized by Occupations Code, §503.203, which authorizes the board to adopt rules necessary for the performance of the board's duties.
The proposed amendment affects Occupations Code, Chapter 503.
§681.125.Inactive Status.
(a) - (g) (No change.)
(h) The licensee must renew the inactive status
biennially
[
annually
].
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 March 21, 2007.
TRD-200701105
Judy Powell
Chairperson
Texas State Board of Examiners of Professional Counselors
Earliest possible date of adoption: May 6, 2007
For further information, please call: (512) 458-7111 x6990