TITLE 16. ECONOMIC REGULATION

Part 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION

Chapter 74. ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT

16 TAC §74.80

The Texas Department of Licensing and Regulation ("Department") adopts amendments to 16 Texas Administrative Code ("TAC"), Chapter 74, §74.80 regarding the Elevators, Escalators, and Related Equipment program application fees for initial and renewal inspector registrations, fees for certificates of compliance, and fees for initial and renewal contractor registrations without changes to the proposed text as published in the February 15, 2008, issue of the Texas Register (33 TexReg 1219) and will not be republished.

The amendments to §74.80(a) lower the application fee for an initial and a renewal inspector registration from $100 to $50. The amendments to §74.80(b)(1) lower the fee for a certificate of compliance from $30 to $20. The amendments to §74.80(e) lower the fees for an original and renewals of contractor registrations from $300 to $115.

The Texas Department of Licensing and Regulation ("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 Elevators, Escalators, and Related Equipment program.

The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposal was published in the Texas Register on February 15, 2008. The comment period closed on March 17, 2008. The Department did not receive any public comments on the proposed amendments.

The amendments are adopted under Texas Health and Safety Code, Chapter 754, Subchapter B, and Texas Occupations Code, Chapter 51, which authorizes the Department's governing body, the Texas Commission of Licensing and Regulation, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adoption are those set forth in Texas Health and Safety Code, Chapter 754, Subchapter B, and Texas Occupations Code, Chapter 51. No other statutes, articles, or codes are affected by the adoption.

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 May 12, 2008.

TRD-200802479

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Effective date: June 1, 2008

Proposal publication date: February 15, 2008

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


Chapter 75. AIR CONDITIONING AND REFRIGERATION CONTRACTORS

16 TAC §75.80

The Texas Commission of Licensing and Regulation ("Commission") adopts amendments to an existing rule at 16 Texas Administrative Code ("TAC"), Chapter 75, §75.80, regarding contractor license fees for the Air Conditioning and Refrigeration program, without changes to the proposed text as published in the January 18, 2008, issue of the Texas Register (33 TexReg 468) and will not be republished.

The amendments to §75.80 lower the application fee for an initial contractor license from $130 to $115 and 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 Texas Department of Licensing and Regulation ("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.

The proposed amendments were published in the Texas Register on January 18, 2008. The comment period closed on February 18, 2008. The Department did not receive any public comments on the proposed amendments.

The amendments are adopted 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 these chapters and any other law establishing a program regulated by the Department.

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

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 May 12, 2008.

TRD-200802480

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Effective date: June 1, 2008

Proposal publication date: January 18, 2008

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