Proposed Rules Title 16

TITLE 16. ECONOMIC REGULATION

Part 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION

Chapter 68. ELIMINATION OF ARCHITECTURAL BARRIERS

16 TAC §68.74

The Texas Department of Licensing and Regulation ("Department") proposes amendments to an existing rule at 16 Texas Administrative Code, §68.74, concerning continuing education requirements for registered accessibility specialists in the elimination of architectural barriers program. The Commission of Licensing and Regulation ("Commission") adopted §68.74 as a new rule effective March 1, 2007. The rule as adopted requires registered accessibility specialists to complete eight hours of continuing education as a condition of renewing the certificate of registration. Four of the hours must be in Department-approved courses offered by providers that are registered with the Department. Subsection (i) states that the rule applies to certificates of registration that expire on or after March 1, 2008.

The proposed amendment to subsection (i) would require continuing education for those certificates of registration expiring on or after March 1, 2009. This change would extend the time for registered accessibility specialists to comply with continuing education requirements. The change is needed because not enough continuing education providers have sought Department approval to offer continuing education courses to registered accessibility specialists. Because of this, registered accessibility specialists needing to renew their certificates of registrations beginning March 1, 2008 will have difficulty meeting the continuing education requirements. The Department expects that the extension of time will allow for additional providers to obtain approval for continuing education courses.

This rule is necessary to implement Texas Occupations Code, §51.405, which requires the Commission to recognize, prepare, or administer continuing education programs for license holders.

William H. Kuntz, Jr., Executive Director, has determined that for the first five-year period the amended rule is in effect there will be no impact to costs or revenues of the State in enforcing or administering the amended rule. There will be no impact to costs or revenues of local government as a result of enforcing or administering the amended rule.

Mr. Kuntz also has determined that for each year of the first five-year period the amended rule is in effect, the public benefit will be that registered accessibility specialists will have a reasonable opportunity to comply with continuing education requirements so that those requirements do not unduly interfere with the services that registrants provide to the Department and the public.

Mr. Kuntz has determined that there will be no adverse economic effect on small or micro-businesses as a result of the proposed amendment; therefore, preparation of an economic impact statement and a regulatory flexibility analysis is not required. There are no anticipated economic costs to persons who are required to comply with the proposed amendments.

Comments on the proposal may be submitted to Caroline Jackson, Legal Assistant, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, or facsimile (512) 475-3032, or electronically: erule.comments@license.state.tx.us. The deadline for comments is 30 days after publication in the Texas Register.

The amendments are proposed under Texas Government Code, Chapter 469 and Texas Occupations Code, Chapter 51, which authorize the Department to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department. In particular, the rule implements Texas Occupations Code, §51.405.

The statutory provisions affected by the proposal are those set forth in Texas Government Code, Chapter 469 and Texas Occupations Code, Chapter 51. No other statutes, articles, or codes are affected by the proposal.

§68.74.Continuing Education.

(a) - (h) (No change.)

(i) This section shall apply to certificates of registration, issued under §469.201 of the Act, that expire on or after March 1, 2009 [ ~~March 1, 2008~~ ].

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 January 7, 2008.

TRD-200800068

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Earliest possible date of adoption: February 17, 2008

For further information, please call: (512) 463-7348

Chapter 75. AIR CONDITIONING AND REFRIGERATION

16 TAC §75.80

The Texas Department of Licensing and Regulation ("Department") proposes amendments to 16 Texas Administrative Code, Chapter 75, §75.80, regarding the Air Conditioning and Refrigeration program application fees for initial and renewal contractor licenses.

The amendments to §75.80 propose to lower the application fee for an initial contractor license from $130 to $115 and to lower the application fee for a renewal contractor license from $80 to $65. The amendments also clarify that the license fees are applicable to contractors, since §75.80 was previously amended to include registration fees for air conditioning and refrigeration technicians and persons purchasing and using refrigerants.

The Department is required to set fees in amounts reasonable and necessary to cover the costs of administering the programs under its jurisdiction. Pursuant to the Department's annual fee review, the fees currently in place are above the amount required by the Department to cover costs. The decrease in fees would not adversely affect the administration and enforcement of the Air Conditioning and Refrigeration Program.

William H. Kuntz, Jr., Executive Director, has determined that for the first five-year period the proposed amendments are in effect there will be no cost to state or local government as a result of enforcing or administering the proposed rule.

Mr. Kuntz also has determined that for each year of the first five-year period the amendments are in effect, the public benefit will be lower fees for annual license applications and renewals.

The anticipated economic effect on small or micro-businesses or to persons who are required to comply with the rule as amended will be lower fees for annual license applications and renewals. There will be no additional costs to small or micro-businesses or to persons who may be required to comply with the section as proposed. Since the agency has determined that the rule will have no adverse economic effect on small businesses, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code §2006.002, is not required.

Comments on the proposal may be submitted by mail to Caroline Jackson, Legal Assistant, General Counsel's Office, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711; by facsimile to (512) 475-3032; or by email to erule.comments@license.state.tx.us. The deadline for comments is 30 days after publication in the Texas Register.

The amendments are proposed under Texas Occupations Code, Chapter 1302 and Chapter 51, which authorizes the Department's governing body, the Texas Commission of Licensing and Regulation, to adopt rules as necessary to implement this chapter and any other law establishing a program regulated by the Department.

The statutory provisions affected by the proposal are those set forth in Texas Occupations Code, Chapter 1302 and Chapter 51. No other statutes, articles, or codes are affected by the proposal.

§75.80.Fees.

(a) Non-refundable contractor license application fee is $115 [ ~~$130~~ ].

(b) Contractor examination [ ~~Examination~~ ] fee is $90 for each examination requested.

(d) Issuance of a revised or duplicate license or certificate is $25.

(e) An endorsement to an existing contractor license is $25.

(f) Certificate of Registration application fee for persons involved in the sale and use of refrigerants is $25.

(g) Technician registration and registration renewal fee is $20.

(h) Technician certification fee is $15.

(i) Late renewal fees for licenses and registrations issued under this chapter are provided under §60.83 of this title (relating to Late Renewal Fees).