TITLE 22. EXAMINING BOARDS

PART 3. TEXAS BOARD OF CHIROPRACTIC EXAMINERS

CHAPTER 75. RULES OF PRACTICE

22 TAC §75.7

The Texas Board of Chiropractic Examiners (Board) proposes an amendment to §75.7, concerning Required Fees and Charges, to adopt two new fees and to increase one existing fee: (1) a new $150 initial fee for applying for a chiropractic college faculty license; (2) a new $135 annual renewal fee for renewing a chiropractic college faculty license; and (3) an increase in the annual continuing education course approval fee from $25 to $165. The Board also proposes to update the graphic contained in §75.7(a), which lists agency fees, with the fee changes referenced above. The proposed fee changes would become effective 20 days after adoption by the Board. The estimated effective date is estimated to be on or near September 2, 2009.

The Board considered whether it could provide these services without the adoption of additional or increased fees but determined that the fees are necessary for the Board to cover its costs and to generate sufficient revenue as required by the Texas Legislature and to implement House Bill 3450, relating to temporary faculty license for teaching chiropractic.

Glenn Parker, Executive Director, has determined that for the first five-year period the amended rule is in effect there will be no fiscal impact for local government as a result of enforcing or administering the rule. There will be no costs to the general public. There will be no costs to small or micro-businesses other than to Texas Chiropractic College and Parker College of Chiropractic, or to their faculty members, or to groups or individuals that wish to apply for the Board's approval of continuing education courses. The cost to each chiropractic college in Texas (or to individual faculty members) would be $150 for each original faculty license and $135 for each annual renewal of a faculty license. The cost to each provider of Board-approved chiropractic continuing education courses would be an additional $140 per year for each course approved by the Board.

Mr. Parker has determined that the financial impact on state revenues or expenditures will be an increase of approximately $175,000 per fiscal year in both General Revenue Fund revenues and expenditures for each fiscal year the fees are in effect.

Mr. Parker has determined that, for the first five-year period the amended rule is in effect, the public benefit of the fees will be to allow the Board to recover costs associated with operations so that it may better implement and enforce the Chiropractic Act.

Comments on the proposed amendments or a request for a public hearing may be submitted to Ms. Mary Feys, Texas Board of Chiropractic Examiners, 333 Guadalupe St., Tower III, Suite 3-825, Austin, Texas 78701 or via e-mail to mary.feys@tbce.state.tx.us or via facsimile to (512) 305-6705 no later than 30 days from the date that these proposed amendments are published in the Texas Register.

These amendments are proposed under Texas Occupations Code §201.152, relating to rules, which authorizes the Board to adopt rules necessary to regulate the practice of chiropractic; §201.308, requiring that the Board adopt fees for the issuance and renewal of chiropractic college faculty licenses; and §201.356 relating to continuing education which requires the Board to adopt rules concerning continuing education and allows the Board to require licensees to attend continuing education classes specified by the Board.

No other code, article, or statute is affected by the proposed amendment.

§75.7.Required Fees and Changes.

(a) Current fees required by the board are as follows:

Figure: 22 TAC §75.7(a)

(b) - (e) (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 June 25, 2009.

TRD-200902619

Glenn Parker

Executive Director

Texas Board of Chiropractic Examiners

Earliest possible date of adoption: August 9, 2009

For further information, please call: (512) 305-6901


PART 5. STATE BOARD OF DENTAL EXAMINERS

CHAPTER 101. DENTAL LICENSURE

22 TAC §101.1

The Texas State Board of Dental Examiners (Board) proposes an amendment to §101.1, concerning the general qualifications for licensure. The amendment will include reference to criminal background check requirements for licensure and will adjust language regarding the jurisprudence assessment requirement to reflect currently used terminology.

Ms. Sherri Sanders Meek, Executive Director of the Texas State Board of Dental Examiners, has determined that for each year of the first five-year period the section is in effect, there will be no fiscal implications for local or state government as a result of enforcing or administering the section.

The public benefit anticipated as a result of enforcement or administering the section will be negligible.

There is no impact on large, small or micro-businesses.

There is no anticipated economic cost to persons as a result of enforcing or administering the section.

Comments on the proposal may be submitted to Ms. Sherri Sanders Meek, Executive Director, Texas State Board of Dental Examiners, 333 Guadalupe Street, Tower 3, Suite 800, Austin, Texas 78701, or by fax at (512) 463-7452. To be considered, all written comments must be received by the Texas State Board of Dental Examiners no later than 30 days from the date that the amended section is published in the Texas Register.

The amendment is proposed under Texas Government Code §2001.021 et seq., and Texas Occupations Code §254.001, which provides the Board with the authority to adopt and enforce rules necessary for it to perform its duties.

The proposed amendment affects Title 3, Subtitle D of the Texas Occupations Code and Title 22, Part 5 of the Texas Administrative Code.

§101.1.General Qualifications for Licensure.

(a) - (b) (No change.)

(c) To be eligible for licensure, an applicant must present on or accompanying a licensure application form approved by the Board proof satisfactory to the Board that the applicant:

(1) - (3) (No change.)

(4) Has taken and passed the jurisprudence assessment [examination ] administered by the Board or an entity designated by the Board within one year immediately prior to application; [and,]

(5) Has paid all application, examination and licensing fees required by law and Board rules and regulations; and,

(6) Beginning January 1, 2009, has submitted proof of having applicant's fingerprints collected for the required national fingerprint criminal records check.

(d) - (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 June 29, 2009.

TRD-200902650

Sherri Sanders Meek

Executive Director

State Board of Dental Examiners

Earliest possible date of adoption: August 9, 2009

For further information, please call: (512) 475-0972


22 TAC §101.2

The Texas State Board of Dental Examiners (Board) proposes an amendment to §101.2, concerning licensure by examination. This action is based upon a recommendation from the American Board of Pediatric Dentistry. The justification for this action will replace the term "board eligible" with clarified terms.

Ms. Sherri Sanders Meek, Executive Director of the Texas State Board of Dental Examiners, has determined that for each year of the first five-year period the section is in effect, there will be no fiscal implications for local or state government as a result of enforcing or administering the section.

The public benefit anticipated as a result of enforcement or administering the section will be negligible.

There is no impact on large, small or micro-businesses.

There is no anticipated economic cost to persons as a result of enforcing or administering the section.

Comments on the proposal may be submitted to Ms. Sherri Sanders Meek, Executive Director, Texas State Board of Dental Examiners, 333 Guadalupe Street, Tower 3, Suite 800, Austin, Texas 78701, or by fax at (512) 463-7452. To be considered, all written comments must be received by the Texas State Board of Dental Examiners no later than 30 days from the date that the amended section is published in the Texas Register.

The amendment is proposed under Texas Government Code §2001.021 et seq., and Texas Occupations Code §254.001, which provides the Board with the authority to adopt and enforce rules necessary for it to perform its duties.

The proposed amendment affects Title 3, Subtitle D of the Texas Occupations Code and Title 22, Part 5 of the Texas Administrative Code.

§101.2.Licensure by Examination.

(a) - (b) (No change.)

(c) Licensure by specialty examination. Applicants for licensure by specialty examination must present proof that the applicant:

(1) - (2) (No change.)

(3) Has either:

(A) (No change.)

(B) been currently or previously certified as a "Board Candidate" or "Diplomate" [ "Board Eligible"] by an American Dental Association-approved specialty board.

(d) - (e) (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 June 29, 2009.

TRD-200902651

Sherri Sanders Meek

Executive Director

State Board of Dental Examiners

Earliest possible date of adoption: August 9, 2009

For further information, please call: (512) 475-0972


22 TAC §101.3

The Texas State Board of Dental Examiners (Board) proposes an amendment to §101.3, concerning licensure by credentials. The proposed language corrects the referenced statute in subsection (a)(9).

Ms. Sherri Sanders Meek, Executive Director of the Texas State Board of Dental Examiners, has determined that for each year of the first five-year period the section is in effect, there will be no fiscal implications for local or state government as a result of enforcing or administering the section.

The public benefit anticipated as a result of enforcement or administering the section will be negligible.

There is no impact on large, small or micro-businesses.

There is no anticipated economic cost to persons as a result of enforcing or administering the section.

Comments on the proposal may be submitted to Ms. Sherri Sanders Meek, Executive Director, Texas State Board of Dental Examiners, 333 Guadalupe Street, Tower 3, Suite 800, Austin, Texas 78701, or by fax at (512) 463-7452. To be considered, all written comments must be received by the Texas State Board of Dental Examiners no later than 30 days from the date that the amended section is published in the Texas Register.

The amendment is proposed under Texas Government Code §2001.021 et seq., and Texas Occupations Code §254.001, which provides the Board with the authority to adopt and enforce rules necessary for it to perform its duties.

The proposed amendment affects Title 3, Subtitle D of the Texas Occupations Code and Title 22, Part 5 of the Texas Administrative Code.

§101.3.Licensure by Credentials.

(a) In addition to the general qualifications for licensure contained in §101.1 of this chapter (relating to General Qualifications for Licensure), an applicant for licensure by credentials must present proof that the applicant:

(1) - (8) (No change.)

(9) Shows proof of current CPR certification as required by the Texas Dental Practice Act, Chapter 256, §256.101 [§256.011]; and,

(10) (No change.)

(b) - (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 June 29, 2009.

TRD-200902652

Sherri Sanders Meek

Executive Director

State Board of Dental Examiners

Earliest possible date of adoption: August 9, 2009

For further information, please call: (512) 475-0972


22 TAC §101.6

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the State Board of Dental Examiners or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin, Texas.)

The Texas State Board of Dental Examiners (Board) proposes the repeal of §101.6, concerning Emergency Provisional Licensure for Dentists Displaced by Hurricane Katrina. The repeal is proposed as the provisions of this section expired on August 1, 2006.

Ms. Sherri Sanders Meek, Executive Director of the Texas State Board of Dental Examiners, has determined that for the first five-year period the repeal is in effect, there will be no fiscal implications for local or state government as a result of enforcing or administering the repeal of this section.

The public benefit anticipated as a result of enforcement or administering the repeal of this section will be negligible.

There is no impact on large, small or micro-businesses.

There is no anticipated economic cost to persons as a result of enforcing or administering the repeal of this section.

Comments on the proposal may be submitted to Ms. Sherri Sanders Meek, Executive Director, Texas State Board of Dental Examiners, 333 Guadalupe Street, Tower 3, Suite 800, Austin, Texas 78701, or by fax at (512) 463-7452. To be considered, all written comments must be received by the Texas State Board of Dental Examiners no later than 30 days from the date that the repeal of this section is published in the Texas Register.

The repeal is proposed under Texas Government Code §2001.021 et seq.; and Texas Occupations Code §254.001, which provides the Board with the authority to adopt and enforce rules necessary for it to perform its duties.

The proposed repeal affects Title 3, Subtitle D of the Texas Occupations Code and Title 22, Part 5 of the Texas Administrative Code.

§101.6.Emergency Provisional Licensure for Dentists Displaced by Hurricane Katrina.

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 June 29, 2009.

TRD-200902653

Sherri Sanders Meek

Executive Director

State Board of Dental Examiners

Earliest possible date of adoption: August 9, 2009

For further information, please call: (512) 475-0972


22 TAC §101.7

The Texas State Board of Dental Examiners (Board) proposes an amendment to §101.7(b), concerning the reinstatement of a retired license. The proposed amendment will adjust language regarding the jurisprudence assessment to reflect currently used terminology.

Ms. Sherri Sanders Meek, Executive Director of the Texas State Board of Dental Examiners, has determined that for each year of the first five-year period the section is in effect, there will be no fiscal implications for local or state government as a result of enforcing or administering the section.

The public benefit anticipated as a result of enforcement or administering the section will be negligible.

There is no impact on large, small or micro-businesses.

There is no anticipated economic cost to persons as a result of enforcing or administering the section.

Comments on the proposal may be submitted to Ms. Sherri Sanders Meek, Executive Director, Texas State Board of Dental Examiners, 333 Guadalupe Street, Tower 3, Suite 800, Austin, Texas 78701, or by fax at (512) 463-7452. To be considered, all written comments must be received by the Texas State Board of Dental Examiners no later than 30 days from the date that the amended section is published in the Texas Register.

The amendment is proposed under Texas Government Code §2001.021 et seq.; and Texas Occupations Code §254.001, which provides the Board with the authority to adopt and enforce rules necessary for it to perform its duties.

The proposed amendment affects Title 3, Subtitle D of the Texas Occupations Code and Title 22, Part 5 of the Texas Administrative Code.

§101.7.Retired License Status.

(a) (No change.)

(b) Reinstatement. The board may reinstate a retired Texas dental license to active status, provided the license holder submits an application for reinstatement on a form prescribed by the board, pays the appropriate fees due at the time application is made, and meets the requirements of this subsection.

(1) A license holder who, at the time of application for reinstatement, is practicing dentistry in another state, or territory outside of the United States, or had practiced dentistry actively within the two years immediately preceding the date of application, shall provide:

(A) - (B) (No change.)

(C) proof that the licensee has taken and passed the Texas jurisprudence assessment [examination];

(D) - (E) (No change.)

(2) A license holder who has not actively practiced for at least two years immediately preceding the request for reinstatement of a retired license shall provide:

(A) (No change.)

(B) proof that licensee has taken and passed the Texas jurisprudence assessment [examination];

(C) - (D) (No change.)

(3) - (5) (No change.)

(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 June 29, 2009.

TRD-200902654

Sherri Sanders Meek

Executive Director

State Board of Dental Examiners

Earliest possible date of adoption: August 9, 2009

For further information, please call: (512) 475-0972


CHAPTER 102. FEES

22 TAC §102.1

The Texas State Board of Dental Examiners (Board) proposes an amendment to §102.1, concerning the Board's fee schedule. The justification for this action is based on the General Appropriations Act for fiscal years 2010 and 2011 which requires the Texas State Board of Dental Examiners to assess fees sufficient to generate $1,309,310 in excess of $7,328,204 during the biennium.

Ms. Sherri Sanders Meek, Executive Director of the Texas State Board of Dental Examiners, has determined that for each year of the first five-year period the section is in effect, there will be no fiscal implications for local or state government as a result of enforcing or administering the section.

The public benefit anticipated as a result of enforcement or administering this section will be negligible.

There is no impact on large, small or micro-businesses.

There is no anticipated economic cost to persons as a result of enforcing or administering the section.

Comments on the proposal may be submitted to Ms. Sherri Sanders Meek, Executive Director, Texas State Board of Dental Examiners, 333 Guadalupe Street, Tower 3, Suite 800, Austin, Texas 78701, or by fax at (512) 463-7452. To be considered, all written comments must be received by the Texas State Board of Dental Examiners no later than 30 days from the date that this amended section is published in the Texas Register.

The amendment is proposed under Texas Government Code §2001.021 et seq., and Texas Occupations Code §254.001, which provides the Board with the authority to adopt and enforce rules necessary for it to perform its duties.

The proposed amendment affects Title 3, Subtitle D of the Texas Occupations Code and Title 22, Part 5 of the Texas Administrative Code.

§102.1.Fee Schedule.

(a) Dentists

(1) Application for licensure by examination:

(A) Initial application/examination--$200 [$155]; and

(B) (No change.)

(2) Application for licensure by credentials--$2,500 [$2,005]

(3) Application for temporary licensure by credentials--$700 [$500]

(4) Annual registration renewal:

(A) Annual registration--$141 [$116];

(B) - (C) (No change.)

(5) Duplicate license--$25 [$15]

(6) Duplicate renewal certificate--$25 [$15]

(7) Reactivate a retired license--$75 [$50]

(8) (No change.)

(b) Dental Hygienists

(1) Application for licensure by examination--$100 [$75]

(2) Application for licensure by credentials--$525 [$480]

(3) Application for temporary licensure by credentials--$200 [$100]

(4) Annual registration renewal:

(A) Annual registration--$87 [$69]; and,

(B) (No change.)

(5) Duplicate license--$25 [$15]

(6) Duplicate renewal certificate--$25 [$15]

(7) Reactivate a retired license--$75 [$50]

(c) Dental Assistants

(1) Dental assistant registration:

(A) Initial application--$30 [$50].

(B) Annual renewal--$27 [$25].

(2) (No change.)

(d) Dental Laboratories

(1) (No change.)

(2) Annual registration renewal:

(A) Annual registration--$111 [$101]; and,

(B) (No change.)

(e) Mobile Dental Facilities or Portable Dental Units

(1) Initial application--$100 [$50]

(2) (No change.)

(f) Application for dental intern or resident exception tracking (identification) number--$50 [$25]

(g) Faculty

(1) Dentist faculty registration:

(A) Initial application--$100 [$75]

(B) Annual renewal--$86 [$61]

(C) (No change.)

(2) Dental hygienist faculty registration:

(A) Initial application--$100 [$75]

(B) Annual renewal--$76 [$57]

(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 June 29, 2009.

TRD-200902641

Sherri Sanders Meek

Executive Director

State Board of Dental Examiners

Earliest possible date of adoption: August 9, 2009

For further information, please call: (512) 475-0972


CHAPTER 103. DENTAL HYGIENE LICENSURE

22 TAC §103.1

The Texas State Board of Dental Examiners (Board) proposes an amendment to §103.1, concerning general qualifications for dental hygiene licensure. The amendment will include reference to criminal background check requirements for licensure and will adjust language regarding the jurisprudence assessment requirement to reflect currently used terminology.

Ms. Sherri Sanders Meek, Executive Director of the Texas State Board of Dental Examiners, has determined that for each year of the first five-year period the section is in effect, there will be no fiscal implications for local or state government as a result of enforcing or administering the section.

The public benefit anticipated as a result of enforcing or administering this section will be negligible.

There is no anticipated impact on large, small or micro-businesses.

There is no anticipated economic cost to persons as a result of enforcing or administering the section.

Comments on the proposal may be submitted to Ms. Sherri Sanders Meek, Executive Director, Texas State Board of Dental Examiners, 333 Guadalupe Street, Tower 3, Suite 800, Austin, Texas 78701, or by fax at (512) 463-7452. To be considered, all written comments must be received by the Texas State Board of Dental Examiners no later than 30 days from the date that this amended section is published in the Texas Register.

The amendment is proposed under Texas Government Code §2001.021 et seq., and Texas Occupations Code §254.001, which provides the Board with the authority to adopt and enforce rules necessary for it to perform its duties.

The proposed amendment affects Title 3, Subtitle D of the Texas Occupations Code and Title 22, Part 5 of the Texas Administrative Code.

§103.1.General Qualifications for Licensure.

(a) - (b) (No change.)

(c) To be eligible for licensure, an applicant must present on or accompanying a form approved by the SBDE proof satisfactory to the SBDE that the applicant:

(1) - (5) (No change.)

(6) Has taken and passed the jurisprudence assessment [examination ] administered by the SBDE or an entity designated by the SBDE within one year immediately prior to application; [and,]

(7) Has paid all application, examination and licensing fees required by law and SBDE rules and regulations; and,[.]

(8) Beginning January 1, 2009, has submitted proof of having applicant's fingerprints collected for the required national fingerprint criminal records check.

(d) - (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 June 29, 2009.

TRD-200902645

Sherri Sanders Meek

Executive Director

State Board of Dental Examiners

Earliest possible date of adoption: August 9, 2009

For further information, please call: (512) 475-0972


22 TAC §103.3

The Texas State Board of Dental Examiners (Board) proposes an amendment to §103.3, concerning licensure by credentials. The proposed language corrects the referenced statute in §103.3(a)(9).

Ms. Sherri Sanders Meek, Executive Director of the Texas State Board of Dental Examiners, has determined that for each year of the first five-year period the section is in effect, there will be no fiscal implications for local or state government as a result of enforcing or administering the section.

The public benefit anticipated as a result of enforcement or administering this section will be negligible.

There is no impact on large, small or micro-businesses.

There is no anticipated economic cost to persons as a result of enforcing or administering the section.

Comments on the proposal may be submitted to Ms. Sherri Sanders Meek, Executive Director, Texas State Board of Dental Examiners, 333 Guadalupe Street, Tower 3, Suite 800, Austin, Texas 78701, or by fax at (512) 463-7452. To be considered, all written comments must be received by the Texas State Board of Dental Examiners no later than 30 days from the date that this amended section is published in the Texas Register.

The amendment is proposed under Texas Government Code §2001.021 et seq., and Texas Occupations Code §254.001, which provides the Board with the authority to adopt and enforce rules necessary for it to perform its duties.

The proposed amendment affects Title 3, Subtitle D of the Texas Occupations Code and Title 22, Part 5 of the Texas Administrative Code.

§103.3.Licensure by Credentials.

(a) In addition to the general qualifications for licensure contained in §103.1 of this chapter, an applicant for dental hygienist licensure by credentials must present proof that the applicant:

(1) - (8) (No change.)

(9) Shows proof of current CPR certification as required by the Texas Dental Practice Act, Chapter 256, §256.101 [§256.011]; and,

(10) (No change.)

(b) - (d) (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 June 29, 2009.

TRD-200902646

Sherri Sanders Meek

Executive Director

State Board of Dental Examiners

Earliest possible date of adoption: August 9, 2009

For further information, please call: (512) 475-0972


22 TAC §103.6

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the State Board of Dental Examiners or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin, Texas.)

The Texas State Board of Dental Examiners (Board) proposes the repeal of §103.6, concerning emergency provisional licensure for dental hygienists displaced by Hurricane Katrina.

The repeal is necessary as the provisions of this section expired on August 1, 2006.

Ms. Sherri Sanders Meek, Executive Director of the Texas State Board of Dental Examiners, has determined that for each year of the first five-year period the repeal of this section is in effect, there will be no fiscal implications for local or state government as a result of enforcing or administering the repeal of this section.

The public benefit anticipated as a result of enforcing or administering the repeal of this section will be negligible.

There is no anticipated impact on large, small or micro-businesses.

There is no anticipated economic cost to persons as a result of enforcing or administering the repeal of this section.

Comments on the proposal may be submitted to Ms. Sherri Sanders Meek, Executive Director, Texas State Board of Dental Examiners, 333 Guadalupe Street, Tower 3, Suite 800, Austin, Texas 78701, or by fax at (512) 463-7452. To be considered, all written comments must be received by the Texas State Board of Dental Examiners no later than 30 days from the date that the repeal of this section is published in the Texas Register.

The repeal is proposed under Texas Government Code §2001.021 et seq., and Texas Occupations Code §254.001, which provides the Board with the authority to adopt and enforce rules necessary for it to perform its duties.

The proposed repeal affects Title 3, Subtitle D of the Texas Occupations Code and Title 22, Part 5 of the Texas Administrative Code.

§103.6.Emergency Provisional Licensure for Dental Hygienists Displaced by Hurricane Katrina.

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 June 29, 2009.

TRD-200902647

Sherri Sanders Meek

Executive Director

State Board of Dental Examiners

Earliest possible date of adoption: August 9, 2009

For further information, please call: (512) 475-0972


22 TAC §103.7

The Texas State Board of Dental Examiners (Board) proposes an amendment to §103.7, concerning retired license status. The amendment will adjust language regarding the jurisprudence assessment to reflect currently used terminology.

Ms. Sherri Sanders Meek, Executive Director of the Texas State Board of Dental Examiners, has determined that for each year of the first five-year period the section is in effect, there will be no fiscal implications for local or state government as a result of enforcing or administering the section.

The public benefit anticipated as a result of enforcing or administering this section will be negligible.

There is no anticipated impact on large, small or micro-businesses.

There is no anticipated economic cost to persons as a result of enforcing or administering the section.

Comments on the proposal may be submitted to Ms. Sherri Sanders Meek, Executive Director, Texas State Board of Dental Examiners, 333 Guadalupe Street, Tower 3, Suite 800, Austin, Texas 78701, or by fax at (512) 463-7452. To be considered, all written comments must be received by the Texas State Board of Dental Examiners no later than 30 days from the date that this amended section is published in the Texas Register.

The amendment is proposed under Texas Government Code §2001.021 et seq., and Texas Occupations Code §254.001, which provides the Board with the authority to adopt and enforce rules necessary for it to perform its duties.

The proposed amendment affects Title 3, Subtitle D of the Texas Occupations Code and Title 22, Part 5 of the Texas Administrative Code.

§103.7.Retired License Status.

(a) (No change.)

(b) Reinstatement. The board may reinstate a retired Texas dental hygiene license to active status, provided the license holder submits an application for reinstatement on a form prescribed by the board, pays the appropriate fees due at the time application is made, and meets the requirements of this subsection.

(1) A license holder who, at the time of application for reinstatement, is practicing dental hygiene in another state, or territory outside of the United States, or had practiced dental hygiene actively within the two years immediately preceding the date of application, shall provide:

(A) - (B) (No change.)

(C) proof that the licensee has taken and passed the Texas jurisprudence assessment [examination];

(D) - (E) (No change.)

(2) A license holder who has not actively practiced for at least two years immediately preceding the request for reinstatement of a retired license shall provide:

(A) (No change.)

(B) proof that licensee has taken and passed the Texas jurisprudence assessment [examination];

(C) - (D) (No change.)

(3) - (5) (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 June 29, 2009.

TRD-200902648

Sherri Sanders Meek

Executive Director

State Board of Dental Examiners

Earliest possible date of adoption: August 9, 2009

For further information, please call: (512) 475-0972


CHAPTER 114. EXTENSION OF DUTIES OF AUXILIARY PERSONNEL--DENTAL ASSISTANTS

22 TAC §114.2

The Texas State Board of Dental Examiners (Board) proposes an amendment to §114.2, concerning the registration and training of dental assistants. The amendment will remove reference to rule sections that have expired and will clarify certain requirements for registration under this chapter.

Ms. Sherri Sanders Meek, Executive Director of the Texas State Board of Dental Examiners, has determined that for each year of the first five-year period the section is in effect, there will be no fiscal implications for local or state government as a result of enforcing or administering the section.

The public benefit anticipated as a result of enforcing or administering the section will be negligible.

There is no anticipated impact on large, small or micro-businesses.

There is no anticipated economic cost to persons as a result of enforcing or administering the section.

Comments on the proposal may be submitted to Ms. Sherri Sanders Meek, Executive Director, Texas State Board of Dental Examiners, 333 Guadalupe Street, Tower 3, Suite 800, Austin, Texas 78701, or by fax at (512) 463-7452. To be considered, all written comments must be received by the Texas State Board of Dental Examiners no later than 30 days from the date that the amended section is published in the Texas Register.

The amendment is proposed under Texas Government Code §254.001, which provides the Board with the authority to adopt and enforce rules necessary for it to perform its duties.

The proposed amendment affects Title 3, Subtitle D of the Texas Occupations Code and Title 22, Part 5 of the Texas Administrative Code.

§114.2.Registration of Dental Assistants.

(a) Beginning on September 1, 2004, a dental assistant may not position or expose dental x-rays unless the dental assistant holds [either] a certificate of registration issued by the State Board of Dental Examiners under this section[, or was issued a certification under former §115.10 (now recodified as §114.10) prior to September 1, 2004. This section shall expire in its entirety on September 1, 2006].

(b) To be eligible for a certificate of registration as a dental assistant this section, an applicant must present on or accompanying an application form approved by the State Board of Dental Examiners proof of satisfactory to the Board that the applicant has:

(1) - (2) (No change.)

(3) Either:

(A) taken and passed a course of instruction [ an examination] administered by the State Board of Dental Examiners or its designated agent, that covers:

(i) - (iii) (No change.)

(B) if the applicant is certified as a dental assistant by the Dental Assisting National Board, taken and passed a jurisprudence assessment [examination] administered by the State Board of Dental Examiners or its designated agent.

(c) - (g) (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 June 29, 2009.

TRD-200902656

Sherri Sanders Meek

Executive Director

State Board of Dental Examiners

Earliest possible date of adoption: August 9, 2009

For further information, please call: (512) 475-0972


22 TAC §114.10

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the State Board of Dental Examiners or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin, Texas.)

The Texas State Board of Dental Examiners (Board) proposes the repeal of §114.10, concerning the registration of dental assistants performing radiological procedures.

The repeal is necessary as the provisions of this section expired on September 1, 2006.

Ms. Sherri Sanders Meek, Executive Director of the Texas State Board of Dental Examiners, has determined that for each year of the first five-year period the repeal of this section is in effect, there will be no fiscal implications for local or state government as a result of enforcing or administering the repeal of this section.

The public benefit anticipated as a result of enforcing or administering the repeal of this section will be negligible.

There is no anticipated impact on large, small or micro-businesses.

There is no anticipated economic cost to persons as a result of enforcing or administering the repeal of this section.

Comments on the proposal may be submitted to Ms. Sherri Sanders Meek, Executive Director, Texas State Board of Dental Examiners, 333 Guadalupe Street, Tower 3, Suite 800, Austin, Texas 78701 or by fax at (512) 463-7452. To be considered, all written comments must be received by the Texas State Board of Dental Examiners no later than 30 days from the date that the repeal of this section is published in the Texas Register.

The repeal is proposed under Texas Government Code §2001.021 et seq.; and Texas Occupations Code §254.001, which provides the Board with the authority to adopt and enforce rules necessary for it to perform its duties.

The proposed repeal affects Title 3, Subtitle D of the Texas Occupations Code and Title 22, Part 5 of the Texas Administrative Code.

§114.10.Radiologic Procedures.

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 June 29, 2009.

TRD-200902657

Sherri Sanders Meek

Executive Director

State Board of Dental Examiners

Earliest possible date of adoption: August 9, 2009

For further information, please call: (512) 475-0972


22 TAC §114.20

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the State Board of Dental Examiners or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin, Texas.)

The Texas State Board of Dental Examiners (Board) proposes the repeal of §114.20, concerning radiologic credentialing for dental assistants.

The repeal is necessary as the provisions of this section became ineffective on September 1, 2007.

Ms. Sherri Sanders Meek, Executive Director of the Texas State Board of Dental Examiners, has determined that for each year of the first five-year period the repeal of this section is in effect, there will be no fiscal implications for local or state government as a result of enforcing or administering the repeal of this section.

The public benefit anticipated as a result of enforcing or administering the repeal of this section will be negligible.

There is no anticipated impact on large, small or micro-businesses.

There is no anticipated economic cost to persons as a result of enforcing or administering the repeal of this section.

Comments on the proposal may be submitted to Ms. Sherri Sanders Meek, Executive Director, Texas State Board of Dental Examiners, 333 Guadalupe Street, Tower 3, Suite 800, Austin, Texas 78701 or by fax at (512) 463-7452. To be considered, all written comments must be received by the Texas State Board of Dental Examiners no later than 30 days from the date that the repeal of this section is published in the Texas Register.

The repeal is proposed under Texas Government Code §2001.021 et seq.; the Texas Occupations Code §254.001, which provides the Board with the authority to adopt and enforce rules necessary for it to perform its duties.

The proposed repeal affects Title 3, Subtitle D of the Texas Occupations Code and Title 22, Part 5 of the Texas Administrative Code.

§114.20.Radiologic Credential.

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 June 29, 2009.

TRD-200902658

Sherri Sanders Meek

Executive Director

State Board of Dental Examiners

Earliest possible date of adoption: August 9, 2009

For further information, please call: (512) 475-0972


22 TAC §114.21

The Texas State Board of Dental Examiners (Board) proposes an amendment to §114.21, concerning the requirements for courses and examinations required to obtain dental assistant radiologic certification. The amendment will remove reference to rule sections that have expired and will clarify certain requirements for course providers under this chapter.

Ms. Sherri Sanders Meek, Executive Director of the Texas State Board of Dental Examiners, has determined that for each year of the first five-year period the section is in effect, there will be no fiscal implications for local or state government as a result of enforcing or administering the section.

The public benefit anticipated as a result of enforcing or administering the section will be negligible.

There is no anticipated impact on large, small or micro-businesses.

There is no anticipated economic cost to persons as a result of enforcing or administering the section.

Comments on the proposal may be submitted to Ms. Sherri Sanders Meek, Executive Director, Texas State Board of Dental Examiners, 333 Guadalupe Street, Tower 3, Suite 800, Austin, Texas 78701 or by fax at (512) 463-7452. To be considered, all written comments must be received by the Texas State Board of Dental Examiners no later than 30 days from the date that the amended section is published in the Texas Register.

The amendment is proposed under Texas Government Code §2001.021 et seq.; the Texas Occupations Code §254.001, which provides the Board with the authority to adopt and enforce rules necessary for it to perform its duties.

The proposed amendment affects Title 3, Subtitle D of the Texas Occupations Code and Title 22, Part 5 of the Texas Administrative Code.

§114.21.Requirements for Dental Assistant Registration Courses and Examinations.

(a) - (b) (No change.)

(c) Courses administered to fulfill the requirements [of §114.20 ] of this chapter must:

(1) - (2) (No change.)

(d) Course providers administering examinations to fulfill the requirements [of §114.20] of this chapter must:

(1) - (3) (No change.)

(e) - (g) (No change.)

[(h) The course provider shall submit to the SBDE, within 30 days of the course and examination completion date:]

[(1) the name of the course, course location, course instructors(s), and date of completion;]

[(2) a complete roster of course registrants and their raw examination scores; and,]

[(3) the ratio of examination passing scores to failing scores.]

(h) [(i)] The course provider shall provide all course registrants with their examination results within 30 days of completion of the examination.

(i) [(j)] All course providers are subject to audit by the State Board of Dental Examiners for purposes of ensuring compliance with the requirements of this chapter.

(j) Documentation of course attendance and course completion shall be kept by the course provider for a period of not less than two (2) years.

(k) (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 June 29, 2009.

TRD-200902659

Sherri Sanders Meek

Executive Director

State Board of Dental Examiners

Earliest possible date of adoption: August 9, 2009

For further information, please call: (512) 475-0972


CHAPTER 115. EXTENSION OF DUTIES OF AUXILIARY PERSONNEL--DENTAL HYGIENE

22 TAC §115.6

The Texas State Board of Dental Examiners (Board) proposes new §115.6, concerning records. The new section establishes a reference to the recordkeeping standard of care relating to dental hygiene practice.

Ms. Sherri Sanders Meek, Executive Director of the Texas State Board of Dental Examiners, has determined that for each year of the first five-year period the section is in effect, there will be no fiscal implications for local or state government as a result of enforcing or administering the section.

The public benefit anticipated as a result of enforcing or administering the section will be negligible.

There is no anticipated impact on large, small or micro-businesses.

There is no anticipated economic cost to persons as a result of enforcing or administering the section.

Comments on the proposal may be submitted to Ms. Sherri Sanders Meek, Executive Director, Texas State Board of Dental Examiners, 333 Guadalupe Street, Tower 3, Suite 800, Austin, Texas 78701 or by fax at (512) 463-7452. To be considered, all written comments must be received by the Texas State Board of Dental Examiners no later than 30 days from the date that the section is published in the Texas Register.

The new section is proposed under Texas Government Code §2001.021 et seq.; Texas Occupations Code §254.001, which provides the Board with the authority to adopt and enforce rules necessary for it to perform its duties.

The proposed new section affects Title 3, Subtitle D of the Texas Occupations Code and Title 22, Part 5 of the Texas Administrative Code.

§115.6.Records.

A Texas dental hygiene licensee practicing dental hygiene in Texas shall record treatments delegated by a Texas licensed dentist and performed by the dental hygiene licensee for and upon each dental patient for reference, identification, and protection of the patient, the dentist, and the dental hygienist. Such recordings shall be entered in the dental records maintained and kept by the delegating dentist.

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 June 29, 2009.

TRD-200902643

Sherri Sanders Meek

Executive Director

State Board of Dental Examiners

Earliest possible date of adoption: August 9, 2009

For further information, please call: (512) 475-0972


CHAPTER 119. SPECIAL AREAS OF DENTAL PRACTICE

22 TAC §119.9

The Texas State Board of Dental Examiners (Board) proposes new §119.9, concerning Oral and Maxillofacial Radiology. The new section is established to comply with the definition of the specialty recommended and adopted by the American Dental Association in 2001.

Ms. Sherri Sanders Meek, Executive Director, Texas State Board of Dental Examiners, has determined that for each year of the first five-year period the section is in effect, there will be no fiscal implications for local or state government as a result of enforcing or administering the section.

The public benefit anticipated as a result of enforcing or administering the section will be negligible.

There is no anticipated impact on large, small or micro-businesses.

There is no anticipated economic cost to persons as a result of enforcing or administering the section.

Comments on the proposal may be submitted to Ms. Sherri Sanders Meek, Executive Director of the Texas State Board of Dental Examiners, 333 Guadalupe Street, Tower 3, Suite 800, Austin, Texas 78701 or by fax at (512) 463-7452. To be considered all written comments must be received by the Texas State Board of Dental Examiners no later than 30 days from the date that the section is published in the Texas Register.

The new section is proposed under Texas Government Code §2001.021 et seq.; the Texas Occupations Code §254.001, which provides the Board with the authority to adopt and enforce rules necessary for it to perform its duties.

The proposed new section affects Title 3, Subtitle D of the Texas Occupations Code and Title 22, Part 5 of the Texas Administrative Code.

§119.9.Oral and Maxillofacial Radiology.

Oral and Maxillofacial Radiology is that specialty of dentistry that discipline of radiology concerned with the production and interpretation of images and data produced by all modalities of radiant energy that are used for the diagnosis and management of diseases, disorders and conditions of the oral and maxillofacial region.

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 June 29, 2009.

TRD-200902639

Sherri Sanders Meek

Executive Director

State Board of Dental Examiners

Earliest possible date of adoption: August 9, 2009

For further information, please call: (512) 475-0972


PART 6. TEXAS BOARD OF PROFESSIONAL ENGINEERS

CHAPTER 133. LICENSING

SUBCHAPTER G. EXAMINATIONS

22 TAC §133.63

The Texas Board of Professional Engineers (Board) proposes an amendment to §133.63, concerning Texas Engineering Professional Conduct and Ethics Examination.

The proposed rule changes the passing score on the Texas Engineering Professional Conduct and Ethics Examination from a 70 to a 90.

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 is no adverse fiscal impact for the state and local government as a result of enforcing or administering the section as amended. There is no additional cost to licensees or other individuals. There is no adverse fiscal impact to the estimated 1,000 small or 5,300 micro businesses regulated by the Board. A Regulatory Flexibility Analysis is not needed because there is no adverse economic 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 is an improvement in the licensure process and a higher minimum threshold for understanding of engineering ethics and the Board Act and rules.

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, which 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, §1001.207 regarding standards of conduct and ethics, and §1001.304 regarding examinations.

No other statutes, articles or codes are affected by the proposed amendment.

§133.63.Texas Engineering Professional Conduct and Ethics Examination.

(a) The Texas Engineering Professional Conduct and Ethics Examination shall be self administered by the applicant and shall be prepared and furnished by the board. Each applicant must submit this examination in a format prescribed by the board with the application and must pass with a score of at least 90 [70] percent.

(b) No fees or advanced scheduling forms are required for the Texas Engineering Professional Conduct and Ethics Examination.

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 June 29, 2009.

TRD-200902661

Dale Beebe Farrow, P.E.

Executive Director

Texas Board of Professional Engineers

Earliest possible date of adoption: August 9, 2009

For further information, please call: (512) 440-7723


SUBCHAPTER H. REVIEW PROCESS OF APPLICATIONS AND LICENSE ISSUANCE

22 TAC §133.81

The Texas Board of Professional Engineers (Board) proposes an amendment to §133.81, concerning Receipt and Processing of Applications by the Board.

The proposed rule change relates to requirements for applicants for licensure as a professional engineer. The proposal clarifies that the Executive Director can evaluate and determine whether a substantially modified application should be regarded as a "new" application with regard to which version of the Board rules shall be used to review the application. The applicant has the ability to appeal this determination to the Licensing Committee of the Board.

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 is no adverse fiscal impact for the state and local government as a result of enforcing or administering the section as amended. If an application is determined to be substantially revised, it is possible that an applicant may experience additional expenses associated with complying with new requirements. In that situation, an applicant may also suffer a loss of professional opportunity due to further delay in the processing of the application. There is no adverse fiscal impact to the estimated 1,000 small or 5,300 micro businesses regulated by the Board. A Regulatory Flexibility Analysis is not needed because there is no adverse economic 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 is the implementation of the appropriate licensure requirements for professional engineer applicants.

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, which 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 §1001.303 regarding application for licensure as a professional engineer.

No other statutes, articles or codes are affected by the proposed amendment.

§133.81.Receipt and Processing of Applications by the Board.

(a) - (b) (No change.)

(c) Once an application has entered the review process as described in §133.83 of this chapter (relating to Executive Director Review, Evaluation and Processing of Applications), the executive director may determine that the application has been so altered by the addition of supplemental information that the description of the applicant's qualifications has been substantially revised. If the executive director determines that an application is substantially revised, the application will be treated as a new application and reviewed under the rules in place on the date of the determination. The executive director will provide an applicant with written notice if an application is determined to be substantially revised. If the applicant disagrees with a determination by the Executive Director, the applicant may make an appeal to the Licensing Committee.

(d) [(c)] Once an application has been reviewed and before a license has been issued or denied, the board will not accept a new or amended application from the applicant. This does not prohibit the executive director, a board member, or the board from requesting, when they deem necessary, additional information from an applicant regarding his or her application.

(e) [(d)] In the event that information bearing on the suitability of an applicant is discovered after submission of an application but prior to issuance of a license, the board may rescind or alter any previous decision, or hold the application in abeyance, or may deny an application until the suitability of the applicant is adequately established.

(f) [(e)] An applicant may request an application to be withdrawn from consideration provided that the application has not been approved for licensure subject to passage of an examination and the application has not begun circulation under the Board Review Process under §133.85 of this chapter (relating to Board Review of and Action on Applications). All requests for withdrawal must be submitted to the Board in writing.

(g) [(f)] An applicant may only have one pending application on file with the Board at any time.

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 June 29, 2009.

TRD-200902662

Dale Beebe Farrow, P.E.

Executive Director

Texas Board of Professional Engineers

Earliest possible date of adoption: August 9, 2009

For further information, please call: (512) 440-7723


CHAPTER 137. COMPLIANCE AND PROFESSIONALISM

SUBCHAPTER A. INDIVIDUAL AND ENGINEER COMPLIANCE

22 TAC §137.9

The Texas Board of Professional Engineers (Board) proposes an amendment to §137.9, concerning Renewal for Expired License.

The proposed rule change contains two main sections. The first is a clarification of the refund policy concerning license renewal fees, stating that the Board will only refund annual or late renewal fees unless an incorrect fee was assessed by the Board. The second is related to a requirement from the Office of the Attorney General (OAG), as described in Texas Family Code, Chapter 232, that the Board shall not renew a professional engineer license if notified by the OAG that the licensee is delinquent in their child support payments.

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 is no adverse fiscal impact for the state and local government as a result of enforcing or administering the section as amended. There is no additional cost to licensees or other individuals, and any adverse fiscal impact as the result of the delay in renewing a license under this rule would be as a result of complying with the requirements of Texas Family Code, Chapter 232. There is no adverse fiscal impact to the estimated 1,000 small or 5,300 micro businesses regulated by the Board. A Regulatory Flexibility Analysis is not needed because there is no adverse economic 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 is the clarification of the license renewal process and licensee compliance with Texas Family Code, Chapter 232.

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, which 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, Occupations Code Chapter 1001, Subchapter H, License Renewal, and Texas Family Code, Chapter 232, Suspension of License.

No other statutes, articles or codes are affected by the proposed amendment.

§137.9.Renewal for Expired License.

(a) - (d) (No change.)

(e) Annual renewal fees or late renewal fees will not be refunded unless incorrect fee was assessed through a documented procedural error by Board staff.

(f) [(e)] In strict accordance with the provisions of the Texas Education Code §57.491, pertaining to the loan default proceedings of the Texas Guaranteed Student Loan Corporation (TGSLC), if a license holder's name has been provided by the TGSLC as being in default of a loan, the board shall not renew the license of the license holder on the second renewal date following such notification, unless the TGSLC certifies that the individual has entered into a repayment agreement with TGSLC, or is not in default on a loan. Such license holder shall be provided an opportunity for an informal hearing, similar to that provided by §139.33 of this title (relating to Informal Proceedings), before any action concerning the denial of a renewal of a license is taken under this subsection [paragraph ]. A defaulted loan shall not bar the board's issuance of an initial license if the applicant is otherwise qualified for licensure; however, the board shall not renew said license unless the TGSLC certifies the individual has satisfied the requirements of the Texas Education Code §57.491.

(g) In strict accordance with the provisions of the Texas Family Code, Chapter 232, pertaining to delinquent child support, if a license holder's name has been provided by the OAG (Office of the Attorney General) as being in default of child support, the board shall not renew the license of the license holder on the renewal date following such notification. The board shall not renew or reinstate said license unless the OAG certifies the individual has satisfied the requirements of the Texas Family Code, Chapter 232.

(h) [(f)] Pursuant to Texas Occupations Code §55.002, a license holder is exempt from any increased fee or other penalty imposed in this section for failing to renew the license in a timely manner if the license holder provides adequate documentation, including copies of orders, to establish to the satisfaction of the board that the license holder failed to renew in a timely manner because the license holder was serving on active duty in the United States armed forces outside Texas.

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 June 29, 2009.

TRD-200902663

Dale Beebe Farrow, P.E.

Executive Director

Texas Board of Professional Engineers

Earliest possible date of adoption: August 9, 2009

For further information, please call: (512) 440-7723


22 TAC §137.17

The Texas Board of Professional Engineers (Board) proposes an amendment to §137.17, concerning Continuing Education Program.

The proposed rule change relates to requirements for licensed engineers who wish to change the status of the license from inactive to active. It clarifies that the licensee shall provide documentation of the required continuing education hours when applying for reactivation.

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 is no adverse fiscal impact for the state and local government as a result of enforcing or administering the section as amended. There is no additional impact to license holders as they are currently required to keep and maintain continuing education records. There is no adverse fiscal impact to the estimated 1,000 small or 5,300 micro businesses regulated by the Board. A Regulatory Flexibility Analysis is not needed because there is no adverse economic 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 is the verification of competency requirements for active 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, which 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, §1001.210 regarding Continuing Education Program, and §1001.355 regarding Inactive Status.

No other statutes, articles or codes are affected by the proposed amendment.

§137.17.Continuing Education Program.

(a) - (n) (No change.)

(o) A license holder may bring an inactive license to active status by obtaining all delinquent PDH units and submitting copies of CEP records demonstrating compliance to the board or its authorized representative for verification purposes. If [. However, if] the total number required to become current exceeds 30 units, then 30 units shall be the maximum number required.

(p) (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 June 29, 2009.

TRD-200902664

Dale Beebe Farrow, P.E.

Executive Director

Texas Board of Professional Engineers

Earliest possible date of adoption: August 9, 2009

For further information, please call: (512) 440-7723


SUBCHAPTER B. SEALING REQUIREMENTS

22 TAC §137.31

The Texas Board of Professional Engineers (Board) proposes an amendment to §137.31, concerning Seal Specifications.

The proposed rule change concerns the format of names allowed on professional engineer seals. Current rules allow for given names and initials but do not allow for commonly accepted variations such as "Tim" for "Timothy" or "Bill" for "William". The proposed rule change would permit such commonly accepted variations.

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 is no adverse fiscal impact for the state and local government as a result of enforcing or administering the section as amended. There is no additional impact to license holders. There is no adverse fiscal impact to the estimated 1,000 small or 5,300 micro businesses regulated by the Board. A Regulatory Flexibility Analysis is not needed because there is no adverse economic 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 is a clarification of the seal requirements.

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, which 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 §1001.401, Use of Seal.

No other statutes, articles or codes are affected by the proposed amendment.

§137.31.Seal Specifications.

(a) - (c) (No change.)

(d) All seals obtained and used by license holders shall contain any given name, commonly accepted variation of the given name, or initial combination with the surname as currently listed with the board and in the usual written signature. Nicknames shall not be permitted on a seal in lieu of a given name or initial combination.

(e) - (g) (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 June 29, 2009.

TRD-200902665

Dale Beebe Farrow, P.E.

Executive Director

Texas Board of Professional Engineers

Earliest possible date of adoption: August 9, 2009

For further information, please call: (512) 440-7723


CHAPTER 139. ENFORCEMENT

SUBCHAPTER D. SPECIAL DISCIPLINARY PROVISIONS FOR LICENSE HOLDERS

22 TAC §139.51

The Texas Board of Professional Engineers (Board) proposes new §139.51, concerning License Suspension Based on Delinquent Child Support.

The proposed new rule implements a requirement from the Office of the Attorney General (OAG), as described in Texas Family Code, Chapter 232, that the Board shall suspend a professional engineer license if notified by the OAG that the licensee is delinquent in their child support payments.

Lance Kinney, P.E., Deputy Executive Director for the Board, has determined that for the first five-year period the proposed new rule is in effect there is no adverse fiscal impact for the state and local government as a result of enforcing or administering the new section. There is no additional cost to licensees or other individuals, and any adverse fiscal impact as the result of the suspension of a license under this rule would be as a result of complying with the requirements of Texas Family Code, Chapter 232. There is no adverse fiscal impact to the estimated 1,000 small or 5,300 micro businesses regulated by the Board. A Regulatory Flexibility Analysis is not needed because there is no adverse economic effect to small or micro businesses.

Mr. Kinney also has determined that for the first five years the proposed new rule is in effect, the public benefit anticipated as a result of enforcing the proposal is licensee compliance with Texas Family Code, Chapter 232.

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 new rule is proposed pursuant to the Texas Engineering Practice Act, Occupations Code §1001.202, which 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, Occupations Code Chapter 1001, Subchapter H, License Renewal, and Texas Family Code, Chapter 232, Suspension of License.

No other statutes, articles or codes are affected by the proposed new rule.

§139.51.License Suspension Based on Delinquent Child Support.

Pursuant to Texas Family Code, Chapter 232, on receipt of a final order by the OAG (Office of the Attorney General) regarding delinquent child support, the board must suspend a professional engineer license until the OAG notifies the Board that the obligor has paid the child support, established a repayment schedule, has been granted an exception as part of a court-supervised plan or successfully contested the denial of licensure.

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 June 29, 2009.

TRD-200902672

Dale Beebe Farrow, P.E.

Executive Director

Texas Board of Professional Engineers

Earliest possible date of adoption: August 9, 2009

For further information, please call: (512) 440-7723


SUBCHAPTER E. HEARINGS

22 TAC §139.63

The Texas Board of Professional Engineers (Board) proposes new §139.63, concerning Extensions of Time.

The proposed new rule delegates to the Executive Director the authority to enter into agreements to modify time limits as provided under the Administrative Procedure Act, Texas Government Code §2001.147. This new rule will allow the Board to better coordinate the presentation of proposed decisions in contested cases at the regularly scheduled quarterly meetings of the Board.

Lance Kinney, P.E., Deputy Executive Director for the Board, has determined that for the first five-year period the proposed new rule is in effect there is no adverse fiscal impact for the state and local government as a result of enforcing or administering the section as proposed. There is no additional impact to license holders. There is no adverse fiscal impact to the estimated 1,000 small or 5,300 micro businesses regulated by the Board. A Regulatory Flexibility Analysis is not needed because there is no adverse economic effect to small or micro businesses.

Mr. Kinney also has determined that for the first five years the proposed new rule is in effect, the public benefit anticipated as a result of enforcing the proposed new rule is better coordination of the presentation of proposed decisions in contested cases at the regularly scheduled quarterly meetings of the Board.

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 new rule is proposed pursuant to the Texas Engineering Practice Act, Occupations Code §1001.202, which 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, Occupations Code Chapter 1001, Subchapters J and K; and Texas Government Code §2001.147.

No other statutes, articles or codes are affected by the proposed new rule.

§139.63.Extensions of Time.

The Executive Director may enter into an agreement with parties to a contested case to modify time limits as provided under the APA, Texas Government Code §2001.147.

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 June 29, 2009.

TRD-200902673

Dale Beebe Farrow, P.E.

Executive Director

Texas Board of Professional Engineers

Earliest possible date of adoption: August 9, 2009

For further information, please call: (512) 440-7723


PART 9. TEXAS MEDICAL BOARD

CHAPTER 163. LICENSURE

22 TAC §163.4

The Texas Medical Board (Board) proposes amendments to Chapter 163, §163.4, concerning Procedural Rules for Licensure Applicants.

The amendment to §163.4, relating to Licensure Documentation, provides limited conditions under which licensure applications and registrations will be extended.

Nancy Leshikar, General Counsel for the Board, has determined that for the first five-year period the section is in effect there will be no fiscal implications to state or local government as a result of enforcing the section as proposed. There will be no effect to individuals required to comply with the rule as proposed. There will be no effect on small or micro businesses.

Ms. Leshikar has also 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 this proposal will be to give certain licensee applicants and holders additional time to file necessary applications with the board and avoid the need to reapply and possibly delay their ability to provide care to the public.

Comments on the proposal may be submitted to Sally Durocher, P.O. Box 2018, Austin, Texas 78768-2018, or e-mail comments to: rules.development@tmb.state.tx.us. A public hearing will be held at a later date.

The amendment is proposed under the authority of the Texas Occupations Code Annotated, §153.001, which provides authority for the Board to adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine in this state; enforce this subtitle; and establish rules related to licensure.

Sections 155.0031 and 156.001, Texas Occupations Code, are affected by this proposal.

§163.4.Procedural Rules for Licensure Applicants.

(a) All applicants for licensure:

(1) (No change.)

(2) whose applications have been filed with the board in excess of one year will be considered expired. Any fee previously submitted with that application shall be forfeited unless otherwise provided by §175.5 of this title (relating to Payment of Fees or Penalties). Any further request for licensure will require submission of a new application and inclusion of the current licensure fee.[;] An extension to an application may be granted under certain circumstances, including:

(A) Delay by board staff in processing an application;

(B) Application requires Licensure Committee review after completion of all other processing and will expire prior to the next scheduled meeting;

(C) Licensure Committee requires an applicant to meet specific additional requirements for licensure and the application will expire prior to deadline established by the Committee;

(D) Applicant requires a reasonable, limited additional period of time to obtain documentation after completing all other requirements and demonstrating diligence in attempting to provide the required documentation;

(E) Applicant is delayed due to unanticipated military assignments, medical reasons, or catastrophic events.

(3) - (8) (No change.)

(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 June 25, 2009.

TRD-200902614

Mari Robinson, J.D.

Interim Executive Director

Texas Medical Board

Earliest possible date of adoption: August 9, 2009

For further information, please call: (512) 305-7016


CHAPTER 175. FEES, PENALTIES AND FORMS

22 TAC §§175.1, 175.2, 175.5

The Texas Medical Board (Board) proposes amendments to Chapter 175, §175.1, concerning Application Fees, §175.2, concerning Registration and Renewal Fees and §175.5, concerning Payment of Fees or Penalties.

The amendment to §175.1, relating to Application Fees, increases certain application and registration renewal fees to cover the agency's costs of all mandates adopted by the 81st legislature.

The amendment to §175.2, relating to Registration and Renewal Fees, increases certain registration and renewal fees to cover the agency's costs of all mandates adopted by the 81st legislature, and establish a charge for the review of continuing acupuncture education (CAE) courses on a per course basis.

The amendment to §175.5, relating to Payments of Fees or Penalties, provide limited conditions for when an applicant or licensee may obtain a refund of application or registration fees.

Nancy Leshikar, General Counsel for the Board, has determined that for the first five-year period these sections are in effect there will be no fiscal implications to state or local government as a result of enforcing the sections as proposed. There will be no effect to individuals required to comply with the rules as proposed. There will be no effect on small or micro businesses.

Ms. Leshikar has also determined that for each year of the first five years the sections as proposed are in effect the public benefit anticipated as a result of enforcing §175.1 will be to enable the agency to carry out its statutory mandates related to individuals under its jurisdiction. The public benefit anticipated as a result of enforcing §175.2 will be to enable to the agency to carry out its statutory mandates related to individuals under its jurisdiction and to adjust fees on CAE courses commensurate with time spent by staff in reviewing the CAE course applications. The public benefit anticipated as a result of enforcing §175.5 will be to give refunds to individuals who apply for licensure or renewal of their licenses when extraordinary circumstances occur.

Comments on the proposals may be submitted to Sally Durocher, P.O. Box 2018, Austin, Texas 78768-2018, or e-mail comments to: rules.development@tmb.state.tx.us. A public hearing will be held at a later date.

The amendments are proposed under the authority of the Texas Occupations Code Annotated, §153.001, which provides authority for the Board to adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine in this state; enforce this subtitle; and establish rules related to licensure.

Sections 153.051, 204.103, 205.103, and 206.208 Texas Occupations Code, are affected by this proposal.

§175.1.Application Fees.

The board shall charge the following fees for processing an application for a license or permit:

(1) Physician Licenses:

(A) Full physician license (includes surcharge of $205)--$885.

(B) Telemedicine license (includes surcharge of $205)--$885.

(C) Administrative medicine license (includes surcharge of $205)--$885.

(D) Reissuance of license following revocation (includes surcharge of $205)--$885.

(E) Temporary license:

(i) Distinguished professor--$50.

(ii) State health agency--$50.

(iii) Visiting physician--$-0-.

(iv) Visiting professor--$167 [$110].

(v) National Health Service Corps--$-0-.

(vi) Faculty temporary license (includes surcharges of $280)--$737 [$680].

(vii) Postgraduate Research Temporary License--$-0-.

(viii) Medically underserved area--$50.

(ix) Regular--$107 [$50].

(F) Licenses and Permits relating to Medical Education:

(i) Initial physician in training permit (includes surcharge of $4)--$201 [$144].

(ii) Physician in training permit for program transfer (includes surcharge of $2)--$129 [$72].

(iii) Evaluation or re-evaluation of postgraduate training program--$250.

(2) Physician Assistants:

(A) Physician assistant license (includes surcharge of $5)--$205.

(B) Reissuance of license following revocation (includes surcharge of $5)--$205.

(C) Temporary license--$107 [$50].

(3) Acupuncturists/Acudetox Specialists/Continuing Education Providers:

(A) Acupuncture licensure (includes surcharge of $5)--$305.

(B) Temporary license for an acupuncturist--$107 [$50].

(C) Acupuncturist distinguished professor temporary license--$50.

(D) Acudetox specialist certification (includes surcharge of $2)--$52.

(E) Continuing acupuncture education provider--$50.

(F) Review of a continuing acupuncture education course--$25 [courses--$50].

(G) Review of continuing acudetox acupuncture education courses--$50.

(4) Non-Certified Radiologic Technician permit (includes surcharge of $2)--$52.

(5) Non-Profit Health Organization initial certification--$2,500.

(6) Surgical Assistants:

(A) Surgical assistant licensure--$300.

(B) Temporary license--$50.

§175.2.Registration and Renewal Fees.

The board shall charge the following fees to continue licenses and permits in effect:

(1) Physician Registration Permits:

(A) Initial biennial permit (includes surcharges of $496)--$813 [$756].

(B) Subsequent biennial permit (includes surcharges of $492)--$809 [$752].

(C) Additional biennial registration fee for office-based anesthesia--$210 (includes surcharge of $10).

(D) Continuing medical education temporary license--$55.

(2) Physician Assistant Registration Permits:

(A) Initial annual permit (includes surcharges of $10)--$257.50 [$229].

(B) Subsequent annual permit (includes surcharges of $6)--$253.50 [$225].

(3) Acupuncturists/Acudetox Specialists Registration Permits:

(A) Initial annual permit for acupuncturist (includes surcharges of $10)--$322.50 [$294].

(B) Subsequent annual permit for acupuncturist (includes surcharges of $6)--$318.50 [$290].

(C) Annual renewal for acudetox specialist certification--$87.50 [$59].

(4) Non-Certified Radiologic Technician permit annual renewal (includes surcharge of $2)--$114.50 [$86].

(5) Non-Profit Health Organization biennial recertification--$1,125 [$1,068].

(6) Surgical Assistants registration permits:

(A) Initial biennial permit (includes surcharges of $6)--$531 [$474].

(B) Subsequent biennial permit (includes surcharges of $2)--$527 [$470].

§175.5.Payment of Fees or Penalties.

(a) Method of Payment. Fees paid online must be submitted by credit card, electronic check, or debit card, as required by the online application. All other licensure fees or penalties must be submitted in the form of a money order, personal check, or cashier's check payable on or through a United States bank. Fees and penalties cannot be refunded except as provided in subsection (b) of this section. If a single payment is made for more than one individual permit, it must be made for the same class of permit and a detailed listing, on a form prescribed by the board, must be included with each payment.

(b) Refunds. Refunds of fees may be granted under the following circumstances:

(1) Administrative error by the Board;

(2) Licensure applicants who do not appear before the Licensure Committee and who withdraw their applications and request a refund within 30 days of being notified by board staff that they are ineligible for licensure;

(3) Applicants who withdraw a licensure application after applying for multiple types of licensure at the same time but then either elect to pursue only one type of license or the Board approves one type of license before completing the review of the other applications;

(4) Applicants who apply for temporary licenses but do not receive a temporary license due to the issuance of full licensure;

(5) Licensees who retire or request cancellation of their licenses within 90 days of paying the registration fee;

(6) Applicants or licensees who die within 90 days of having paid a fee.

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 June 25, 2009.

TRD-200902615

Mari Robinson, J.D.

Interim Executive Director

Texas Medical Board

Earliest possible date of adoption: August 9, 2009

For further information, please call: (512) 305-7016


CHAPTER 183. ACUPUNCTURE

22 TAC §183.14

The Texas Medical Board (Board) proposes amendments to Chapter 183, §183.14, concerning Acudetox Specialists.

The amendment establishes that application and renewal fees for acudetox specialists are provided under §175.1 and §175.2 of this title.

Nancy Leshikar, General Counsel for the Board, has determined that for the first five-year period the section is in effect there will be no fiscal implications to state or local government as a result of enforcing the section as proposed. There will be no effect to individuals required to comply with the rule as proposed. There will be no effect on small or micro businesses.

Ms. Leshikar has also 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 this proposal will be to provide consistent to the provisions that relate to fees for Acudetox Specialists.

Comments on the proposal may be submitted to Sally Durocher, P.O. Box 2018, Austin, Texas 78768-2018, or e-mail comments to: rules.development@tmb.state.tx.us. A public hearing will be held at a later date.

The amendment is proposed under the authority of the Texas Occupations Code Annotated, §153.001, which provides authority for the Board to adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine in this state; enforce this subtitle; and establish rules related to licensure.

Section 205.303, Texas Occupations Code, is affected by this proposal.

§183.14.Acudetox Specialist.

(a) - (e) (No change.)

(f) The fee for certification as an acudetox specialist for the treatment of alcoholism, substance abuse, or chemical dependency shall be set in such an amount as to cover the reasonable cost of administering and enforcing this chapter without recourse to any other funds generated by the Medical or the Acupuncture Board. The application and renewal fees are defined under §175.1 and §175.2 of this title (relating to Application Fees and Registration and Renewal Fees). [ Such fee shall be $50 for the initial application for certification and $25 per renewal.]

(g) - (k) (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 June 25, 2009.

TRD-200902616

Mari Robinson, J.D.

Interim Executive Director

Texas Medical Board

Earliest possible date of adoption: August 9, 2009

For further information, please call: (512) 305-7016


PART 39. TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS

CHAPTER 851. TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS LICENSING RULES

SUBCHAPTER A. LICENSING

22 TAC §851.80

The Texas Board of Professional Geoscientists (TBPG or Board) proposes an amendment to 22 TAC §851.80, regarding fees. The proposed amendment raises licensing fees and annual renewal fees for licensed individuals; it also raises registration and renewal fees for firms and sole proprietorships.

Mr. Charles Horton, Interim Executive Director of TBPG, has determined that for the first five-year period the section is in effect there will be little or no fiscal impact for state or local government as a result of enforcing or administering the section.

Mr. Horton has also determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be enhancement of the professional practice of geoscience by ensuring that qualified and licensed persons and entities practice geoscience before the public. The proposed increase in fees is required in order to supplement the costs associated with adding additional employees within the agency, ramping up the enforcement division, and upgrading an outdated licensing system. There will be a minimal economic cost to small or micro businesses. There will be a small economic cost to persons who are required to comply with the proposed section.

Comments on this proposal may be submitted in writing to: Molly B. Roman, Administrative Coordinator, Texas Board of Professional Geoscientists, P.O. Box 13225, Austin, Texas 78711, (512) 936-4405. Comments may also be submitted electronically to mroman@tbpg.state.tx.us or faxed to (512) 936-4409. Comments must be submitted no later than 30 days from the date the proposed amendments are posted in the Texas Register. All requests for a public hearing on the proposed section submitted under the Administrative Procedure Act must be received by Ms. Roman no more than 15 calendar days after notice of proposed amendments to this section have been published in the Texas Register.

This amendment is proposed under the Texas Occupations Code §1002.151, which authorizes the Board to adopt and enforce rules consistent with the Texas Geoscience Practice Act and necessary for the performance of its duties, and §1002.152, which authorizes the Board to set reasonable and necessary fees.

The proposed amendment implements the Texas Occupations Code, §1002.151 and §1002.152.

§851.80.Fees.

(a) All fees are non-refundable.

(b) Application and License fee $255 [$200].

(c) Examination processing fee of $25 for all disciplines and examination fee:

(1) Geology--Fundamentals and Practice as determined by ASBOG.

(2) Geophysics--$175.

(3) Soil Science--Fundamentals and Practice as determined by CSSE.

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

(e) Renewal fee $223 [$168] or as prorated under §851.28(b) of this chapter. The fee for annual renewal of licensure for any person sixty-five (65) years of age or older as of the renewal date shall be half the current renewal fee.

(f) Late Renewal fee $50.

(g) Fee for affidavit of licensure $15.

(h) Verification of licensure--$15.

(i) Temporary license--$200.

(j) Firm Registration--$300 [$75].

(k) Firm Registration Renewal--$300 [$150].

(l) Sole Proprietorship Registration--$50 [$25].

(m) Sole Proprietorship Renewal--$50 [$25].

(n) Insufficient funds fee--$25.

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 June 29, 2009.

TRD-200902660

Charles Horton

Interim Executive Director

Texas Board of Professional Geoscientists

Earliest possible date of adoption: August 9, 2009

For further information, please call: (512) 936-4405