TITLE 16. ECONOMIC REGULATION

PART 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION

CHAPTER 60. PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 60, Subchapter B, §60.23; Subchapter D, §60.40, and Subchapter I, §60.306; new rule Subchapter D, §60.36; and the repeal of Subchapter I, §60.302, regarding the Procedural Rules of the Commission and the Department, without changes to the proposed text as published in the October 25, 2019, issue of the Texas Register (44 TexReg 6178). The adopted changes are referred to herein as "adopted rules." The adopted rules will not be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC Chapter 60 implement Texas Occupations Code, Chapter 51, Texas Department of Licensing and Regulation, and Chapter 53, Consequences of Criminal Conviction.

The adopted rules implement House Bill (HB) 1342, 86th Legislature, Regular Session (2019). HB 1342 amends Texas Occupations Code, Chapter 51, to provide the Texas Commission of Licensing and Regulation (Commission) and the Executive Director of the agency the authority to issue restricted licenses to persons within the Department's Air Conditioning and Refrigeration and Electricians programs. Further, HB 1342 amends Chapter 51 to state that a person whose license has been revoked for failure to pay an administrative penalty is eligible to reapply once the penalty has been paid in full, or the person is paying the administrative penalty under a payment plan with the Department and is in good standing with respect to that plan.

The adopted rules also implement HB 1899, 86th Legislature, Regular Session (2019). HB 1899 amends Texas Occupations Code, Chapter 108, to require mandatory denial or revocation of licensure for certain health care professionals.

The adopted rules also make several non-substantive organizational and clean-up changes.

SECTION-BY-SECTION SUMMARY

The adopted rules amend §60.23 to include the addition of subsection (b)(4), which implements Texas Occupations Code §51.357, as enacted by HB 1342, §2. This addition makes it clear that the Commission and the Executive Director have the authority to issue restricted licenses in accordance with Texas Occupations Code, Chapter 51, Subchapter G.

The adopted rules amend §60.23(b)(5) to better align the rule text with the requirements of Texas Occupations Code, Chapter 53, relating to the consequences of criminal conviction. The adopted changes include a reference to deferred adjudication missing from the existing rule and replace the reference to offenses carrying the possibility of confinement in a state or federal facility with "an offense identified in Texas Occupations Code, §53.021."

The remaining adopted amendments to §60.23 are non-substantive and represent organizational or clean-up changes.

The adopted rules add new §60.36 (a) - (c) to implement HB 1342, §1, by stating that a person whose license has been revoked for failure to pay an administrative penalty may reapply once the person has either paid the penalty in full, or is paying the administrative penalty under a payment plan with the Department and is in good standing with respect to that plan. The adopted new subsection (c) provides a definition for "good standing" for purposes of the section.

The adopted rules add new §60.36(d) which is not a new provision but has been moved to the new rule from its former place at §60.40(c)(1). This change was made for organizational purposes and is not substantive.

The adopted rules add new §60.36(e) to implement Texas Occupations Code §108.054 and §108.055, as enacted by HB 1899, §8. New §60.36(e) simply states that a health care professional subject to mandatory denial or revocation by Texas Occupations Code §108.052 or §108.053, respectively, may reapply or seek reinstatement pursuant to Texas Occupations Code, Chapter 108, Subchapter B.

The adopted rules amend §60.40 to include the repeal of subsection (c). As mentioned above, the adopted rules move subsection (c)(1) of this rule to new adopted §60.36. Subsection (c)(2) has been removed, as it is no longer necessary in light of adopted §60.36.

The repeal of §60.302 is adopted because the rule is redundant in light of the adopted changes to §60.306, summarized below.

The adopted changes to §60.306(a) and (b) implement Texas Occupations Code §51.358(c) and (d), as enacted by HB 1342, §2. Sections 51.358(c) and (d) create a new type of contested case under the Administrative Procedure Act. Section 51.358(c) states that upon the expiration of a restricted license, there is a rebuttable presumption that the applicant is entitled to an unrestricted license. In order to retain restrictions on a license upon renewal, the Department must determine, pursuant to §51.358(d), either that: the applicant failed to comply with any condition imposed on the license, the applicant is not in good standing with the Department, or issuing an unrestricted license to the applicant would result in an increased risk of harm to any person or property. The adopted changes to §60.306(a) and (b) include a reference to this new type of contested case.

PUBLIC COMMENTS

The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposed rules were published in the October 25, 2019, issue of the Texas Register (44 TexReg 6178). The deadline for public comments was November 25, 2019. The Department received comments from 11 interested parties on the proposed rules during the 30-day public comment period. The public comments are summarized below.

Comment: One commenter stated opposition to the proposed rules, stating, "If a person is competent at his craft he would not need a restricted license. It is not fair to the journeymen and apprentices that have completed the training to become competent craftsmen and would be a liability to the TDLR I think in the long run."

Department Response: The Department appreciates the comment, but believes it reflects a misunderstanding of the proposed rules' intent. House Bill 1342 would not allow the Commission or Department to issue a restricted license to a person who does not possess the requisite skill, experience, and competence to hold an electrical or air conditioning and refrigeration license. The Department did not make any changes to the proposed rules in response to this comment.

Comment: One commenter stated opposition to the proposed rules, claiming that the provisions regarding restricted licenses will add liability exposure for small businesses. The commenter did not elaborate further.

Department Response: The Department appreciates the comment. The proposed rules simply implement the restricted license provisions of HB 1342 and do not reflect a policy decision by the Commission or Department. It is not possible for the Department to determine whether or in what form the implementation of HB 1342 would result in increased liability for any business. The Department did not make any changes to the proposed rules in response to this comment.

Comment: One commenter stated opposition to the proposed rules, claiming that "Up to this point most people think that a person with a license has been vetted by the state and may allow them to do work thinking they are trustworthy and free of criminal convictions."

Department Response: The Department appreciates the comment. However, the Department commonly issues licenses to persons with some degree of criminal history if the criminal offense is unrelated to the particular profession, or if the Department finds that the person has been rehabilitated. The Department did not make any changes to the proposed rules in response to this comment.

Comment: One commenter asked whether a person with no education or training in the field would be eligible for a restricted license.

Department Response: No. A person who has not met all of the conditions for licensure will not be eligible for a restricted license. The Department did not make any changes to the proposed rules in response to this comment.

Comment: One commenter stated approval of the proposed rules. The commenter stated that he or she was from outside of Texas and was not eligible for a license via reciprocity. The commenter said that the restricted license would help him or her work on electrical projects in Texas when needed.

Department Response: The Department appreciates the comment, but believes it reflects a misunderstanding of the proposed rules' intent. House Bill 1342 would not allow the Commission or Department to issue a restricted license to a person who does not meet the requirements for licensure in Texas. The Department did not make any changes to the proposed rules in response to this comment.

Comment: One commenter expressed approval of the proposed rules, and thanked the Department for the opportunity to share his opinion.

Department Response: The Department appreciates the comment. The Department did not make any changes to the proposed rules in response to this comment.

Comment: One commenter asked the Department to state the purpose of a restricted license, to provide examples of persons who would need a restricted license, and to give examples of potential restrictions.

Department Response: The Department responded to the commenter directly. The Department pointed the commenter to the provisions of HB 1342, which provide the information sought by the commenter. The Department did not make any changes to the proposed rules in response to this comment.

Comment: One commenter stated opposition to the proposed rules, stating that they are "accommodation to the underachievers."

Department Response: The Department appreciates the comment. The proposed rules simply provide an implementation of HB 1342 and are not intended to accommodate persons who do not possess the qualifications for licensure. The Department did not make any changes to the proposed rules in response to this comment.

Comment: One commenter asked for information on how to become a testing center.

Department Response: The Department responded to the commenter directly. The Department did not make any changes to the proposed rules in response to this comment.

Comment: One commenter asked whether the proposed rules would be applicable to registered air conditioning and refrigeration technicians.

Department Response: Yes. The proposed rules would allow the Commission or Executive Director to issue a restricted license to a registered air conditioning and refrigeration technician. The Department did not make any changes to the proposed rules in response to this comment.

Comment: One commenter inquired about the application requirements for a restricted license, and asked what scope of work a restricted license would cover.

Department Response: There are no application requirements for a restricted license. A person seeking a particular license, or renewal thereof, would apply in the regular fashion. In the event that the Commission or Executive Director saw fit to issue the person a restricted license instead of denying the application, the Commission or Executive Director would place reasonable restrictions on the license. The restrictions could, in theory, limit the scope or location of the license holder's practice. See Texas Occupations Code §51.357. The Department did not make any changes to the proposed rules in response to this comment.

COMMISSION ACTION

The Department staff recommended that the Commission adopt the proposed rules as published in the Texas Register without changes. At its meeting on December 20, 2019, the Commission adopted the proposed rules without changes as recommended.

SUBCHAPTER B. POWERS AND RESPONSIBILITIES

16 TAC §60.23

STATUTORY AUTHORITY

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

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51, 202, 401, 402, 1302, and 1305. No other statutes, articles, or codes are affected by the adopted rules.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 10, 2020.

TRD-202000101

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: February 1, 2020

Proposal publication date: October 25, 2019

For further information, please call: (512) 463-8179


SUBCHAPTER D. CRIMINAL HISTORY AND LICENSE ELIGIBILITY

16 TAC §60.36, §60.40

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

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51, 202, 401, 402, 1302, and 1305. No other statutes, articles, or codes are affected by the adopted rules.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 10, 2020.

TRD-202000104

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: February 1, 2020

Proposal publication date: October 25, 2019

For further information, please call: (512) 463-8179


SUBCHAPTER I. CONTESTED CASES

16 TAC §60.302

The adopted repeal is adopted under Texas Occupations Code, Chapter 51, which authorizes the Commission, the Department's governing body, to adopt rules as necessary to implement this chapter and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adopted repeal are those set forth in Texas Occupations Code, Chapters 51, 202, 401, 402, 1302, and 1305. No other statutes, articles, or codes are affected by the adopted repeal

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 10, 2020.

TRD-202000105

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: February 1, 2020

Proposal publication date: October 25, 2019

For further information, please call: (512) 463-8179


16 TAC §60.306

The adopted rule is adopted under Texas Occupations Code, Chapter 51, which authorizes the Commission, the Department's governing body, to adopt rules as necessary to implement this chapter and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adopted rule are those set forth in Texas Occupations Code, Chapters 51, 202, 401, 402, 1302, and 1305. No other statutes, articles, or codes are affected by the adopted rule.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 10, 2020.

TRD-202000103

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: February 1, 2020

Proposal publication date: October 25, 2019

For further information, please call: (512) 463-8179


CHAPTER 65. BOILERS

SUBCHAPTER C. BOILER REGISTRATION AND CERTIFICATE OF OPERATION--REQUIREMENTS

16 TAC §65.12

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 65, Subchapter C, §65.12, regarding the Boilers Program, without changes to the proposed text as published in the September 13, 2019, issue of the Texas Register (44 TexReg 4925). The adopted changes are referred to herein as "adopted rules." The adopted rules will not be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC Chapter 65 implement Texas Health and Safety Code, Chapter 755, Boilers.

The adopted amendment implements §6.002 of House Bill (HB) 2847, Article 6, 86th Legislature, Regular Session (2019), which amends Health and Safety Code §755.029(c), removing the requirement to post boiler certificates of operation under glass. The adopted rules are necessary to implement the statutory change.

Amendments to §65.2 and §65.64, relating to extensions of the interval between internal inspections of boilers, were also proposed in this rulemaking. Similar amendments to §65.2 and §65.64 were first proposed and published in the Texas Register for public comment on October 5, 2018. Following the comment period and the receipt of written and oral comments, the Board of Boiler Rules (Board), at its December 5, 2018, meeting deliberated and recommended that the amendments related to extensions be returned to the Board's task group.

After reconsideration and modification, amendments to §65.2 and §65.64, and the amendment to §65.12, were presented to the Board at its August 19, 2019, meeting. The Board voted to propose the rules without changes, as they were published in the Texas Register on September 13, 2019. Subsequent to the public comment period and the receipt of written and oral comments, at its November 7, 2019, meeting the Board discussed the rules and voted to adopt only the legislative implementation change to §65.12, and to again return the amendments to §65.2 and §65.64, related to extensions, to the task group for further review.

The Commission considered the proposed rules at its December 20, 2019, meeting and agreed that the amendment to §65.12 should be adopted but that the amendments to §65.2 and §65.64 should not be adopted. Therefore, the proposed amendments to §65.2 and §65.64, relating to extensions of the interval between internal inspections of boilers, are not adopted in this rulemaking and will be withdrawn.

SECTION-BY-SECTION SUMMARY

The adopted amendment to §65.12 removes the obligation to post a boiler's certificate of operation under glass, to implement the HB 2847 statutory change.

PUBLIC COMMENTS

The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposed rules were published in the September 13, 2019, issue of the Texas Register (44 TexReg 4925). The deadline for public comments was October 14, 2019. The Department received comments from three interested parties on the proposed rules during the 30-day public comment period. The public comments are summarized below.

Comment: Xcel Energy commented that the new definitions for "standby," "operation," and "out of service" are adequate and accurate but proposes that the requirement in §65.64 to report outages greater than 10 days be rejected by the board. The commenter states that the requirement will be burdensome and will bring no value to the owner, AIAs, and TDLR. Praxair Inc. commented that the notification to the state and to the authorized inspection agency when a boiler is shut down for a period exceeding 10 days is too restrictive for plants that have regular shutdowns for general process maintenance not associated with the boiler. The commenter requests that the notification to the Department be required only after 30 days of shutdown.

Department Response: In response to this and other comments and the decision of the Board and the Commission, the Department is withdrawing the proposed amendments to §65.2 and §65.64 from this rulemaking. Amendments to these sections may be the subject of future rulemaking proceedings in which the Department will respond to all comments received in relation to these sections.

Comment: The Texas Chemical Council and the Texas Oil and Gas Association, commenting jointly, commented in support of clarifying the eligibility for an extended interval between internal inspections but requested changes to the proposed text in consideration of the impact to refining and petrochemical industry operations:

--Remove the italicized text from the definition of "out of service": "A boiler is out of service when it is not in operation and it is not designated as in standby." Also modify the definition of "standby" to allow the boiler to be out of service when there is an unplanned shutdown and no repairs are being performed, to read "A boiler is in standby when the owner or operator has designated it as in standby and it is in operation at low fire or it is designated as in standby and out of service with no repairs."

--Increase the amount of time from a maximum of 10 consecutive days to a maximum of 30 consecutive days that a boiler can be out of service before notification is required to maintain eligibility for an extension, including times when one or more opportunistic repairs are being made. Amend the rule to not require continuous water treatment when a boiler is designated as in standby and out of service with no repairs. Clarify at what point the time period for notification begins if a boiler is in standby before an opportunistic repair begins. Clarify which types of repairs may be made for which eligibility for an extension will be preserved if the time out of service will exceed 10 days.

Department Response: In response to this and other comments and the decision of the Board and the Commission, the Department is withdrawing the proposed amendments to §65.2 and §65.64 from this rulemaking. Amendments to these sections may be the subject of future rulemaking proceedings in which the Department will respond to all comments received in relation to these sections.

ADVISORY BOARD RECOMMENDATIONS AND COMMISSION ACTION

The Board of Boiler Rules met on November 7, 2019, to discuss the proposed rules and the public comments received. The Board recommended adopting the proposed rules with the exception of the amendments to Subchapter A, §65.2 and Subchapter I, §65.64. The Commission considered the proposed rules at its December 20, 2019, meeting and agreed that, as recommended by the Board, the amendment to §65.12 should be adopted but that the amendments to §65.2 and §65.64 should not be adopted.

STATUTORY AUTHORITY

The rule is adopted under Texas Occupations Code Chapter 51 and Texas Health and Safety Code Chapter 755, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 10, 2020.

TRD-202000106

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: February 1, 2020

Proposal publication date: September 13, 2019

For further information, please call: (512) 463-8129


CHAPTER 73. ELECTRICIANS

16 TAC §73.71

The Texas Commission of Licensing and Regulation (Commission) adopts a new rule at 16 Texas Administrative Code (TAC), Chapter 73, §73.71, regarding the Electricians program, without changes to the proposed text as published in the November 8, 2019, issue of the Texas Register (44 TexReg 6651). The adopted changes are referred to as the "adopted rule." The adopted rule will not be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULE

The rules under 16 TAC, Chapter 73, implement Texas Occupations Code, Chapter 1305, Electricians.

The adopted rule is necessary to implement House Bill (HB) 1342, 86th Legislature, Regular Session (2019). Section 2 of HB 1342 authorizes the Texas Commission of Licensing and Regulation ("Commission") and the Department's Executive Director to issue a restricted license to a person as an alternative to denying, revoking, suspending, or refusing to issue a license. Section 2 also authorizes the Department to impose reasonable conditions on a holder of a restricted license. Notably, a restricted license may only be issued to applicants within the Department's Air Conditioning and Refrigeration (Texas Occupations Code, Chapter 1302) and Electricians (Texas Occupations Code, Chapter 1305) programs.

The adopted rule requires the holder of a restricted license to comply with the conditions imposed upon the license by the Commission or Executive Director. Additionally, the adopted rule requires a licensee to use reasonable care to ensure that a person under his or her supervision who holds a restricted license complies with the conditions placed on that license. Lastly, the adopted rule requires the holder of a restricted license to inform his or her employer of the conditions placed on the license before performing any work.

SECTION-BY-SECTION SUMMARY

The adopted rule contains three subsections. Adopted rule §73.71(a) requires the holder of a restricted license to comply with the conditions imposed upon the license by the Commission or Executive Director. A holder of a restricted license who does not comply with the terms of a restricted license may be subject to an administrative penalty or other sanction as allowed by Texas Occupations Code, Chapter 51.

Adopted rule §73.71(b) requires a licensee to use reasonable care to ensure that a person under his or her supervision who holds a restricted license complies with the conditions placed on that license. This subsection simply restates Texas Occupations Code §51.357(d) as enacted by HB 1342.

Adopted rule §73.71(c) requires the holder of a restricted license to inform his or her employer of the conditions placed on the license before performing any work under that license. Potential conditions that could be imposed by the Commission or Executive Director pursuant to Texas Occupations Code §51.357(b) are that the license holder be subject to close supervision, or be allowed to work in only nonresidential settings. Because HB 1342 and adopted rule §73.71(b) require supervisors to use care to ensure that persons under their supervision with restricted licenses comply with the terms of licensure, it is reasonable that licensees be required to inform their employers of those conditions.

PUBLIC COMMENTS

The Department drafted and distributed the proposed rule to persons internal and external to the agency. The proposed rule was published in the November 8, 2019, issue of the Texas Register (44 TexReg 6651). The deadline for public comments was December 9, 2019. The Department received comments from 15 interested parties on the proposed rule during the 30-day public comment period. The public comments are summarized below.

Comment: One commenter stated opposition to the proposed rule, stating, "If a person is competent at his craft he would not need a restricted license. It is not fair to the journeymen and apprentices that have completed the training to become competent craftsmen and would be a liability to the TDLR I think in the long run."

Department Response: The Department appreciates the comment, but believes it reflects a misunderstanding of the proposed rule's intent. House Bill 1342 would not allow the Commission or Department to issue a restricted license to a person who does not possess the requisite skill, experience, and competence to hold an electrical license. The Department did not make any changes to the proposed rule in response to this comment.

Comment: One commenter stated opposition to the proposed rule, claiming that the provisions regarding restricted licenses will add liability exposure for small businesses. The commenter did not elaborate further.

Department Response: The Department appreciates the comment. The proposed rule simply implements the restricted license provisions of HB 1342 and does not reflect a policy decision by the Commission or Department. It is not possible for the Department to determine whether or in what form the implementation of HB 1342 would result in increased liability for any business. The Department did not make any changes to the proposed rule in response to this comment.

Comment: One commenter stated opposition to the proposed rule, claiming that "Up to this point most people think that a person with a license has been vetted by the state and may allow them to do work thinking they are trustworthy and free of criminal convictions."

Department Response: The Department appreciates the comment. However, persons with some degree of criminal history are eligible for licensure if the criminal offense is unrelated to the particular profession, or if the Department finds that the person has been rehabilitated. The Department did not make any changes to the proposed rule in response to this comment.

Comment: One commenter asked whether a person with no education or training in the field would be eligible for a restricted license.

Department Response: No. A person who has not met all of the conditions for licensure will not be eligible for a restricted license. The Department did not make any changes to the proposed rule in response to this comment.

Comment: One commenter stated approval of the proposed rule. The commenter stated that he or she was from outside of Texas and was not eligible for a license via reciprocity. The commenter said that the restricted license would help him or her work on electrical projects in Texas when needed.

Department Response: The Department appreciates the comment, but believes it reflects a misunderstanding of the proposed rule's intent. House Bill 1342 would not allow the Commission or Department to issue a restricted license to a person who does not meet the requirements for licensure in Texas. The Department did not make any changes to the proposed rule in response to this comment.

Comment: One commenter expressed approval of the proposed rule and thanked the Department for the opportunity to share his opinion.

Department Response: The Department appreciates the comment. The Department did not make any changes to the proposed rule in response to this comment.

Comment: Two commenters asked the Department to state the purpose of a restricted license, to provide examples of persons who would need a restricted license, and to give examples of potential restrictions.

Department Response: The Department responded to the commenter directly. The Department pointed the commenter to the provisions of HB 1342, which provide the information sought by the commenter. The Department did not make any changes to the proposed rule in response to this comment.

Comment: One commenter stated opposition to the proposed rule, stating that the rule is an "accommodation to the underachievers."

Department Response: The Department appreciates the comment. The proposed rule simply provides an implementation of HB 1342 and is not intended to accommodate persons who do not possess the qualifications for licensure. The Department did not make any changes to the proposed rule in response to this comment.

Comment: One commenter asked for information on how to become a testing center.

Department Response: The Department responded to the commenter directly. The Department did not make any changes to the proposed rule in response to this comment.

Comment: One commenter asked whether a restricted license would be available for electrical contractors, and how monitoring of contractors would work in practice.

Department Response: HB 1342 authorizes the issuance of a restricted license to any licensee within the Electricians program; therefore, an electrical contractor could potentially be issued a restricted license. If a contractor were to be issued a restricted license, the Commission or Executive Director would have to be certain that the contractor could be adequately monitored. In theory, the Commission or Executive Director could require a restricted electrical contractor to report regularly about the company's operations, and/or to restrict the company's electrical work to industrial or commercial settings. The Department did not make any changes to the proposed rule in response to this comment.

Comment: One commenter stated opposition to the proposed rule, stating that "It is becoming to (sic) hard for contractors to police the rules that the state mandates to contractors."

Department Response: The Department appreciates the comment. The Department did not make any changes to the proposed rule in response to this comment.

Comment: One commenter expressed support for the proposed rule, stating that it "would allow an increase of licensees to become legal and therefore the safety of our industry and community would benefit from this proposed rule."

Department Response: The Department appreciates the comment. The Department did not make any changes to the proposed rule in response to this comment.

Comment: One commenter expressed opposition to the inclusion of proposed subsection (b). The commenter characterized the subsection's "reasonable care" standard as "vague, arbitrary, and capricious." The commenter further equated subsection (b) with a tax on air conditioning and refrigeration contractors.

Department Response: Proposed rule 73.71(b) simply implements Texas Occupations Code §51.357(d), which was added by Section 2 of HB 1342. Section 51.357(d) states, "A license holder who supervises the holder of a restricted license shall use reasonable care to ensure that the license holder complies with any condition imposed under this section." We disagree with the commenter's characterization of the proposed rule. The Department did not make any changes to the proposed rule in response to this comment.

Comment: One commenter stated disagreement with the proposed rule. Regarding proposed 73.71(a), the commenter asked how the Department would be able to monitor a licensee's compliance with the conditions placed on a restricted license. Regarding proposed 73.71(b), the commenter stated that the proposed rule would place an undue burden on electrical contractors. Regarding proposed 73.71(c), the commenter expressed belief that restricted licensees would not be forthcoming in informing employers of the restrictions on their license.

Department Response: The Department appreciates the comment. Regarding the Department's monitoring of compliance with the conditions of a restricted license, we do not anticipate that the Department's electrical inspectors will be charged with monitoring all restricted licensees. Rather, we expect that reporting requirements will be imposed on restricted licensees. Regarding the commenter's concern about proposed 73.71(b), we reiterate that the subsection simply implements Texas Occupations Code §51.357(d), which was added by Section 2 of HB 1342. Section 51.357(d) states, "A license holder who supervises the holder of a restricted license shall use reasonable care to ensure that the license holder complies with any condition imposed under this section." Regarding the commenter's concern about proposed 73.71(c), the purpose of the proposed subsection is to provide a disincentive for restricted licensees to be less than forthcoming about the conditions attached to their license. The Department did not make any changes to the proposed rule in response to this comment.

COMMISSION ACTION

At its meeting on December 20, 2019, the Commission adopted the proposed rule without changes.

STATUTORY AUTHORITY

The new rule is adopted under Texas Occupations Code, Chapters 51 and 1305, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department. Texas Occupations Code §51.357, as enacted by HB 1342, also provides a basis for the adopted rule.

The statutory provisions affected by the adopted rule are those set forth in Texas Occupations Code, Chapters 51 and 1305. No other statutes, articles, or codes are affected by the adopted rule.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 10, 2020.

TRD-202000109

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: February 1, 2020

Proposal publication date: November 8, 2019

For further information, please call: (512) 463-3671


CHAPTER 75. AIR CONDITIONING AND REFRIGERATION

16 TAC §75.75

The Texas Commission of Licensing and Regulation (Commission) adopts a new rule at 16 Texas Administrative Code (TAC), Chapter 75, §75.75, regarding the Air Conditioning and Refrigeration program, without changes to the proposed text as published in the November 8, 2019, issue of the Texas Register (44 TexReg 6653). The adopted change is referred to as the "adopted rule." The adopted rule will not be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULE

The rules under 16 TAC Chapter 75 implement Texas Occupations Code, Chapter 1302, Air Conditioning and Refrigeration Contractors.

The adopted rule is necessary to implement House Bill (HB) 1342, 86th Legislature, Regular Session (2019). Section 2 of HB 1342 authorizes the Texas Commission of Licensing and Regulation ("Commission") and the Department's Executive Director to issue a restricted license to a person as an alternative to denying, revoking, suspending, or refusing to issue a license. Section 2 also authorizes the Department to impose reasonable conditions on a holder of a restricted license. Notably, a restricted license may only be issued to applicants within the Department's Air Conditioning and Refrigeration (Texas Occupations Code, Chapter 1302) and Electricians (Texas Occupations Code, Chapter 1305) programs.

The adopted rule requires the holder of a restricted license to comply with the conditions imposed upon the license by the Commission or Executive Director. Additionally, the adopted rule requires a licensee to use reasonable care to ensure that a person under his or her supervision who holds a restricted license complies with the conditions placed on that license. Lastly, the adopted rule requires the holder of a restricted license to inform his or her employer of the conditions placed on the license before performing any work.

SECTION-BY-SECTION SUMMARY

The adopted rule contains three subsections. Adopted rule §75.75(a) requires the holder of a restricted license to comply with the conditions imposed upon the license by the Commission or Executive Director. A holder of a restricted license who does not comply with the terms of a restricted license may be subject to an administrative penalty or other sanction as allowed by Texas Occupations Code, Chapter 51.

Adopted rule §75.75(b) requires a licensee to use reasonable care to ensure that a person under his or her supervision who holds a restricted license complies with the conditions placed on that license. This subsection simply restates Texas Occupations Code §51.357(d) as enacted by HB 1342.

Adopted rule §75.75(c) requires the holder of a restricted license to inform his or her employer of the conditions placed on the license before performing any work under that license. Potential conditions that could be imposed by the Commission or Executive Director pursuant to Texas Occupations Code §51.357(b) are that the license holder be subject to close supervision, or be allowed to work in only nonresidential settings. Because HB 1342 and adopted rule §75.75(b) require supervisors to use care to ensure that persons under their supervision with restricted licenses comply with the terms of licensure, it is reasonable that licensees be required to inform their employers of those conditions.

PUBLIC COMMENTS

The Department drafted and distributed the proposed rule to persons internal and external to the agency. The proposed rule was published in the November 8, 2019, issue of the Texas Register (44 TexReg 6653). The deadline for public comments was December 9, 2019. The Department received comments from 13 interested parties on the proposed rule during the 30-day public comment period. The public comments are summarized below.

Comment: One commenter stated opposition to the proposed rule, stating, "If a person is competent at his craft he would not need a restricted license. It is not fair to the journeymen and apprentices that have completed the training to become competent craftsmen and would be a liability to the TDLR I think in the long run."

Department Response: The Department appreciates the comment, but believes it reflects a misunderstanding of the proposed rule's intent. House Bill 1342 would not allow the Commission or Department to issue a restricted license to a person who does not possess the requisite skill, experience, and competence to hold an electrical or air conditioning and refrigeration license. The Department did not make any changes to the proposed rule in response to this comment.

Comment: One commenter stated opposition to the proposed rule, claiming that the provisions regarding restricted licenses will add liability exposure for small businesses. The commenter did not elaborate further.

Department Response: The Department appreciates the comment. The proposed rule simply implements the restricted license provisions of HB 1342 and does not reflect a policy decision by the Commission or Department. It is not possible for the Department to determine whether or in what form the implementation of HB 1342 would result in increased liability for any business. The Department did not make any changes to the proposed rule in response to this comment.

Comment: One commenter stated opposition to the proposed rule, claiming that "Up to this point most people think that a person with a license has been vetted by the state and may allow them to do work thinking they are trustworthy and free of criminal convictions."

Department Response: The Department appreciates the comment. However, the Department commonly issues licenses to persons with some degree of criminal history if the criminal offense is unrelated to the particular profession, or if the Department finds that the person has been rehabilitated. The Department did not make any changes to the proposed rule in response to this comment.

Comment: One commenter asked whether a person with no education or training in the field would be eligible for a restricted license.

Department Response: No. A person who has not met all of the conditions for licensure will not be eligible for a restricted license. The Department did not make any changes to the proposed rule in response to this comment.

Comment: One commenter stated approval of the proposed rule. The commenter stated that he or she was from outside of Texas and was not eligible for a license via reciprocity. The commenter said that the restricted license would help him or her work on electrical projects in Texas when needed.

Department Response: The Department appreciates the comment, but believes it reflects a misunderstanding of the proposed rule's intent. House Bill 1342 would not allow the Commission or Department to issue a restricted license to a person who does not meet the requirements for licensure in Texas. The Department did not make any changes to the proposed rule in response to this comment.

Comment: One commenter expressed approval of the proposed rule and thanked the Department for the opportunity to share his opinion.

Department Response: The Department appreciates the comment. The Department did not make any changes to the proposed rule in response to this comment.

Comment: One commenter asked the Department to state the purpose of a restricted license, to provide examples of persons who would need a restricted license, and to give examples of potential restrictions.

Department Response: The Department responded to the commenter directly. The Department pointed the commenter to the provisions of HB 1342, which provide the information sought by the commenter. The Department did not make any changes to the proposed rule in response to this comment.

Comment: One commenter stated opposition to the proposed rule, stating that it is an "accommodation to the underachievers."

Department Response: The Department appreciates the comment. The proposed rule simply provides an implementation of HB 1342 is are not intended to accommodate persons who do not possess the qualifications for licensure. The Department did not make any changes to the proposed rule in response to this comment.

Comment: One commenter asked for information on how to become a testing center.

Department Response: The Department responded to the commenter directly. The Department did not make any changes to the proposed rule in response to this comment.

Comment: One commenter asked whether the proposed rule would be applicable to registered air conditioning and refrigeration technicians.

Department Response: Yes. The proposed rule would allow the Commission or Executive Director to issue a restricted license to a registered air conditioning and refrigeration technician. The Department did not make any changes to the proposed rule in response to this comment.

Comment: One commenter expressed opposition to the inclusion of proposed subsection (b). The commenter characterized the subsection's "reasonable care" standard as "vague, arbitrary, and capricious." The commenter further equated subsection (b) with a tax on air conditioning and refrigeration contractors.

Department Response: Rule 75.75(b) implements Texas Occupations Code §51.357(d), which was added by Section 2 of HB 1342. Section 51.357(d) states, "A license holder who supervises the holder of a restricted license shall use reasonable care to ensure that the license holder complies with any condition imposed under this section." We disagree with the commenter's characterization of the proposed rule. The Department did not make any changes to the proposed rule in response to this comment.

Comment: One commenter inquired about the application requirements for a restricted license, and asked what scope of work a restricted license would cover.

Department Response: There are no application requirements for a restricted license. A person seeking a particular license, or renewal thereof, would apply in the regular fashion. In the event that the Commission or Executive Director saw fit to issue the person a restricted license instead of denying the application, the Commission or Executive Director would place reasonable restrictions on the license. The restrictions could, in theory, limit the scope or location of the license holder's practice. See Texas Occupations Code §51.357. The Department did not make any changes to the proposed rule in response to this comment.

Comment: One commenter expressed confusion about the proposed rule and asked the Department for further information on the background of the proposed rule.

Department Response: The Department sent the commenter a link to HB 1342 and the House Research Organization analysis of the bill. The Department did not make any changes to the proposed rule in response to this comment.

COMMISSION ACTION

At its meeting on December 20, 2019, the Commission adopted the proposed new rule without changes.

STATUTORY AUTHORITY

The new rule is adopted under Texas Occupations Code, Chapters 51 and 1302, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department. Texas Occupations Code §51.357, as enacted by HB 1342, also provides a basis for the adopted rule.

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

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 10, 2020.

TRD-202000108

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: February 1, 2020

Proposal publication date: November 8, 2019

For further information, please call: (512) 463-3671


CHAPTER 87. USED AUTOMOTIVE PARTS RECYCLERS

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 87, §§87.15, 87.44, 87.45, and 87.85; and adopts the repeal of existing §§87.24 - 87.26, and 87.46, regarding the Used Automotive Parts Recyclers program without changes to the proposed text as published in the October 4, 2019, issue of the Texas Register (44 TexReg 5691). The adopted changes are referred to as "adopted rules." The adopted rules will not be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC Chapter 87 implement Texas Occupations Code, Chapter 2309, relating to Used Automotive Parts Recyclers (UAPR).

The adopted rules are necessary to implement House Bill (H.B.) 2847, Article 15, 86th Legislature, Regular Session (2019), which amended Chapter 2309, Occupations Code, by: (1) repealing the licensing requirement and fees for employees working at UAPR facilities; (2) repealing the provisions requiring risk-based inspections and fees for repeat violators of Chapter 2309, Occupations Code; and (3) increasing the periodic inspection time period to every four years.

SECTION-BY-SECTION SUMMARY

The adopted rules amend §87.15 by removing reference to the UAPR employee license type.

The adopted rules repeal §87.24, which required a UAPR employee license for a person employed on a UAPR facility.

The adopted rules repeal §87.25, which established the licensing requirements for the issuance of a UAPR employee license.

The adopted rules repeal §87.26, which established the licensing renewal requirements for the issuance of a UAPR employee license.

The adopted rules amend §87.44 by removing reference to risk-based inspections.

The adopted rules amend §87.45 to increase the amount of time for periodic inspections by the Department to once every four years. The adopted rules also remove the risk-based inspection requirement for repeat violations discovered during periodic inspections.

The adopted rules repeal §87.46, which required risk-based inspections for repeat violators of periodic inspections.

The adopted rules amend §87.85 to remove licensing fees associated with the UAPR employee license and the fee for a risk-based inspection.

PUBLIC COMMENTS

The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposed rules were published in the October 4, 2019, issue of the Texas Register (44 TexReg 5691). The deadline for public comments was November 4, 2019. The Department did not receive any comments from interested parties on the proposed rules during the 30-day public comment period.

ADVISORY BOARD RECOMMENDATIONS AND COMMISSION ACTION

The Used Automotive Parts Recycling Advisory Board met on November 13, 2019, to discuss the proposed rules and the public comments received. The Board recommended that the Commission adopt the proposed rules as published in the Texas Register without changes. At its meeting on December 20, 2019, the Commission adopted the proposed rules without changes as recommended by the Board.

16 TAC §§87.15, 87.44, 87.45, 87.85

STATUTORY AUTHORITY

The amendments are adopted under Texas Occupations Code, Chapters 51 and 2309, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51 and 2309. No other statutes, articles, or codes are affected by the adopted rules.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 10, 2020.

TRD-202000081

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: February 1, 2020

Proposal publication date: October 4, 2019

For further information, please call: (512) 463-3671


16 TAC §§87.24 - 87.26, 87.46

The repeals are adopted under Texas Occupations Code, Chapters 51 and 2309, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51 and 2309.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 10, 2020.

TRD-202000080

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: February 1, 2020

Proposal publication date: October 4, 2019

For further information, please call: (512) 463-3671


CHAPTER 114. ORTHOTISTS AND PROSTHETISTS

16 TAC §§114.10, 114.20, 114.21, 114.23, 114.28, 114.50, 114.80, 114.90

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 114, §§114.10, 114.20, 114.21, 114.23, 114.50, 114.80, and 114.90, and the rule chapter heading, regarding the Orthotists and Prosthetists program, without changes to the proposed text as published in the October 4, 2019, issue of the Texas Register (44 TexReg 5694). These rules will not be republished.

The amendments to §114.28 regarding the Orthotists and Prosthetists program are adopted with changes to the proposed text as published in the October 4, 2019, issue of the Texas Register (44 TexReg 5694). This rule will be republished.

The adopted changes are referred to as "adopted rules."

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC Chapter 114 implement Texas Occupations Code, Chapter 605, Orthotists and Prosthetists.

The adopted rules implement House Bill (HB) 2847, Article 11, 86th Legislature, Regular Session (2019), which repeals §605.002(19), (20), (21), Definitions, and §605.259, technician registration, from the Occupations Code, eliminating the technician registration from the Orthotists and Prosthetists program. The registration of technicians was voluntary, and there was little demand for the credential, so eliminating it was supported by the Department and the professionals in this field. The adopted rules are necessary to remove all requirements in Chapter 114 that are related to the technician registration. Other amendments to the rule chapter title and citations to the orthotists and prosthetists statute are made for consistency with the statute, to remove unnecessary text, and a change in §114.50 improves a wording choice.

SECTION-BY-SECTION SUMMARY

The adopted amendment to the chapter title renames the chapter to be consistent with Occupations Code, Chapter 605, Orthotists and Prosthetists.

The adopted amendments to §114.10 remove unnecessary text, make a citation consistent with the statute, and remove the definitions of "registered orthotic technician," "registered prosthetic technician," and "registered prosthetic/orthotic technician" because these credentials will no longer exist. A definition for "technician" is added because technicians will continue to work for licensees in the Orthotists and Prosthetists program. The definitions within the section are renumbered accordingly.

The adopted amendments to §114.20 remove provisions related to disapproval of a technician registration application.

The adopted amendments to §114.21 remove the technician registration renewal period.

The adopted amendments to §114.23 remove unnecessary text.

The adopted amendments to §114.28 remove technician registration requirements and specify the scope of work technicians may perform under the direction of licensees in the Orthotists and Prosthetists program.

The adopted amendments to §114.50 remove the technician continuing education requirements and improve a wording choice.

The adopted amendments to §114.80 remove fees for technician registrations and renewals, and renumber the section accordingly.

The adopted amendments to §114.90 correct a citation to the statute.

PUBLIC COMMENTS

The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposed rules were published in the October 4, 2019, issue of the Texas Register (44 TexReg 5694). The deadline for public comments was November 4, 2019. The Department did not receive any comments from interested parties on the proposed rules during the 30-day public comment period.

ADVISORY BOARD RECOMMENDATIONS AND COMMISSION ACTION

The Orthotists and Prosthetists Advisory Board recommended the publication of the proposed rules at their September 12, 2019, meeting. At its meeting on December 20, 2019, the Commission adopted the proposed rules with the editorial change to §114.28(c) by adding the word "a" to correct a drafting error.

STATUTORY AUTHORITY

The amendments are adopted under Texas Occupations Code, Chapters 51 and 605, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51 and 605. No other statutes, articles, or codes are affected by the adopted rules.

§114.28.Technician.

(a) A technician must be supervised by a licensed prosthetist, orthotist, prosthetist/orthotist, prosthetist assistant, orthotist assistant, or prosthetist/orthotist assistant.

(b) A licensed prosthetist, orthotist, prosthetist/orthotist, prosthetist assistant, orthotist assistant, or prosthetist/orthotist assistant shall direct the activities of a technician and is responsible for the acts of the technician.

(c) A technician may fabricate, assemble, or service orthoses or prostheses only under the direction of a person licensed under this chapter and is not authorized to provide patient care to orthotic or prosthetic patients, including ancillary or assistant patient care services.

(d) Notwithstanding the supervision requirements in this section, the department may establish procedures, processes, and mechanisms for the monitoring and reporting of the supervision requirements.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 10, 2020.

TRD-202000107

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: February 1, 2020

Proposal publication date: October 4, 2019

For further information, please call: (512) 463-3671


CHAPTER 117. MASSAGE THERAPY

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 117, Subchapter A, §117.2; Subchapter C, §§117.20, 117.21, and 117.23; Subchapter D, §117.31; Subchapter E, §117.40; Subchapter F, §§117.50 - 117.55, 117.57 - 117.59, 117.61, 117.62, and 117.65 - 117.68; Subchapter G, §§117.80, 117.82, and 117.83; Subchapter H, §§117.90, 117.91, and 117.93; Subchapter I, §117.100; new rule Subchapter C, §117.25; and the repeal of Subchapter F, §117.56 and §117.60, regarding the Massage Therapy Program, without changes to the proposed text as published in the October 11, 2019, issue of the Texas Register (44 Tex Reg 5841). These rules and repeals are not being republished.

The amendments to Subchapter F §117.64, regarding the Massage Therapy Program, are adopted with changes to the proposed text as published in the October 11, 2019, issue of the Texas Register (44 Tex Reg 5841) and are republished. The adopted changes are referred to herein as "adopted rules."

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC Chapter 117 implement Texas Occupations Code, Chapter 455, Massage Therapy.

The adopted rules implement necessary changes required by House Bill (HB) 1865 and HB 2747, 86th Legislature, Regular Session (2019).

As required by HB 1865, the adopted rules remove the five-year ban to obtain a license for violations of Chapter 455, Texas Occupations Code; require fingerprint criminal history checks; create a student permit and provides for a fee; and require massage schools report to the Department monthly student progress reports.

As required by HB 2747, the adopted rules prohibit residing on the premises of a licensed massage establishment; require a photograph on the licenses of massage therapists; and require the posting of human trafficking information in massage schools and establishments.

The adopted rules include recommendations from the Massage Therapy Advisory Board (Advisory Board) Standard of Care workgroup to address draping standards and remove the prohibition on using testimonials in advertisements as addressed in two opinions issued by the Office of the Attorney General (JC-0342 and JC-0458).

The adopted rules also include recommendations from the Advisory Board's Education and Examination workgroup to reduce regulatory burdens and streamline processes and procedures for massage schools to provide more efficiencies and clarity to the industry.

The adopted rules were presented to and discussed by the Advisory Board at its meeting on August 29, 2019. The Advisory Board voted and recommended that the proposed rules be published in the Texas Register for public comment.

SECTION-BY-SECTION SUMMARY

The adopted rules amend §117.2, adding a definition for "linens" to provide clarity for health, safety, and sanitation standards for massage schools and establishments and add a definition for "student permit" as created by HB 1865.

The adopted rules amend the title of Subchapter C, adding student permit, as created by HB 1865.

The adopted rules amend §117.20, adding that criminal history background checks must be done in accordance with the Department's criminal conviction guidelines and Chapter 455, Chapter 51, and Chapter 53 of the Texas Occupations Code. The adopted rules establish the fingerprint requirements for criminal history background checks as required by HB 1865 by adding statutory language to the rule.

The adopted rules amend the title of §117.21, replacing the term "reciprocity" with the term "substantial equivalence," which more accurately reflects the process by which the Department evaluates applicants from another state.

The adopted rules amend §117.23, adding the requirement to attach a current photo to an individual massage therapist license as required by HB 2747.

The adopted rules add a new §117.25, outlining the general requirements, application process, and license term for student permits as created by HB 1865.

The adopted rules amend §117.31, updating the list of acceptable entities that provide continuing education courses to include those offered by associations and by approved massage therapy schools, instead of having a separate process for approval of individual advanced course work. This will provide clarity for licensees as to what is acceptable continuing education when taken through an acceptable entity, instead of on a course by course basis.

The adopted rules amend §117.40, making a clerical change by fixing a typo.

The adopted rules amend §117.50, removing regulatory burdens for massage school by streamlining the requirements and application process to require only necessary documentation for proof of ownership or lease agreements and financial stability. The adopted rules add that adequate space and equipment must be provided to students, that schools must comply with health and safety standards, and submit information on the school's designated contact person, if applicable, to the general requirements for an applicant. The adopted rules add requirements for schools when accounting for student hours and the requirement to report on student progress to the Department in accordance with HB 1865. The adopted rules also add that criminal history background checks must be done in accordance with the Department's criminal conviction guidelines and Chapter 455, Chapter 51, and Chapter 53 of the Texas Occupations Code. The adopted rules establish the fingerprint requirements for criminal history background checks as required by HB 1865 by adding statutory language to rule.

The adopted rules amend §117.51, streamlining the application process for additional massage school locations to match the application process for opening a massage school, clarifying outdated language by properly referencing a massage school and not a massage therapy education program, and adding the current process to change the location of an established massage school to rule.

The adopted rules amend §117.52, clarifying that a massage school must apply for a new massage school license thirty (30) days prior to changing ownership and outlining more clearly what actions may constitute a change of ownership.

The adopted rules amend §117.53, updating outdated language, outlining the process for massage schools using a time clock for tracking student progress and reporting as required by HB 1865, and adding the requirement that a massage school must display a human trafficking sign, as required by statute, that is acceptable to the Department.

The adopted rules amend §117.54, updating the title and including recommendations from the Massage Therapy Advisory Board Education and Examination workgroup to streamline the health and safety requirements for massage schools and provide licensees with more clarity. These changes include removing outdated requirements, using more appropriate terminology, and combining redundant provisions.

The adopted rules amend §117.55, updating inspection requirements to ensure student records are properly maintained because of the creation of a student permit in HB 1865 and providing more details on the process for corrective modifications after school inspections for clarity.

The adopted rules repeal §117.56, removing an overly burdensome process from rule and the requirement for financial stability has been simplified and moved to the general requirements for applicants for massage schools.

The adopted rules amend §117.57, adding that criminal history background checks must be done in accordance with the Department's criminal conviction guidelines and Chapter 455, Chapter 51, and Chapter 53 of the Texas Occupations Code. The adopted rules also update outdated language for clarity and add that notices may be emailed.

The adopted rules amend §117.58, streamlining the rules to use one term for the massage schools contact person.

The adopted rules amend §117.59, updating outdated language, making clerical changes, and removing the hours cap and approval process for courses and internships. Chapter 455, Texas Occupations Code, provides that the Department shall issue a license to an applicant that presents evidence satisfactory to the Department that they have completed massage therapy studies in a 500-hour minimum course. There is no statutory requirement that the course or internship be capped or separately approved.

The adopted rules repeal §117.60, removing a regulatory burden for schools approved to be course providers and will no longer require additional approval of specific courses.

The adopted rules amend §117.61, removing the burden of submitting copies of admission requirements to the Department and clarifying the process for transcript review.

The adopted rules amend §117.62, removing the requirement that enrollment information include information about being ineligible for a license until the fifth anniversary of the date of conviction for a violation of the Act as removed by HB 1865, updating out of date terminology, and adding requirements for student permits created by HB 1865.

The adopted rules amend §117.64, updating out of date language, adding procedures for schools to report progress to the Department that use time clocks, and removing redundant student registry requirements due to the creation of student permits and reporting requirements as required by HB 1865.

The adopted rules amend §117.65, rewording the section for clarity.

The adopted rules amend §117.66, updating the massage school refund language to reflect current language and process used to determine and calculate refunds.

The adopted rules amend §117.67, outlining the process for reporting of student progress to the Department as required by HB 1865.

The adopted rules amend §117.68, removing a requirement for termination of students based on absences that is outdated and confusing and updating the language of the rule.

The adopted rules amend §117.80, adding that criminal history background checks must be done in accordance with the Department's criminal conviction guidelines and Chapter 455, Chapter 51, and Chapter 53 of the Texas Occupations Code. The adopted rule amendment establishes the fingerprint requirements for criminal history background checks, as required by HB 1865, by adding statutory language to rule.

The adopted rules amend §117.82, adding the requirement for massage establishments to post a sign with human trafficking information and prohibiting residing on the premises of massage establishments as required by HB 2747.

The adopted rules amend §117.83, streamlining sanitation requirements for massage establishments by removing outdated requirements, using more appropriate terminology, and combining redundant provisions.

The adopted rules amend §117.90, adding required draping standards.

The adopted rules amend §117.91, adding information on draping standards to the requirements for the consultation document.

The adopted rules amend §117.93, removing the prohibition on testimonials being used in advertisements in response to two Office of the Attorney General opinions.

The adopted rules amend §117.100, adding the fee for student permits, as created by HB 1865, and updating language for clarity.

PUBLIC COMMENTS

The Department drafted and distributed the rules to persons internal and external to the agency. The proposed rules were published in the October 11, 2019, issue of the Texas Register (44 TexReg 5841). The deadline for public comments was November 11, 2019. The Department received comments from 17 interested parties on the proposed rules during the 30-day public comment period. The public comments are summarized below.

Comment: One commenter agrees with the cap on hours being removed for internships and would like to have a state exam.

Department Response: The proposed rules remove the cap on the number of internship hours a student can obtain to align requirements with statute. Texas Occupations Code Chapter 455, §455.053 and §455.055, states that the Department must set the maximum number of hours a student may accumulate before the student is required to be licensed. The maximum number of hours a student may accumulate in an internship before they may obtain a license is 50 hours, as prescribed in Texas Occupations Code Chapter 455, §455.156. The comment on a state exam does not address any of the current proposed rules. It has been referred to the appropriate division for review. No change has been made to the proposed rules in response to this comment.

Comment: Two commenters are concerned with the implementation of the student permit process and feels that more clarification is needed.

Department Response: The proposed rules implement the student permit requirements as required by House Bill 1865, 86th Legislature, Regular Session (2019). House Bill 1865 will apply to students whom enroll in a massage school on or after June 1, 2020. These comments concern agency procedure and administration of the student permit process. These comments have been referred to the appropriate division for review. No change has been made to the proposed rules in response to these comments.

Comment: One commenter disagrees with the removal of the requirement that justifications be submitted to the Department on admission requirements.

Department Response: The proposed rules require that a school develop and maintain admission requirements without the added burden of justifying those business decisions to the Department. No change has been made to the proposed rules in response to this comment.

Comment: One commenter is concerned with the current rules regarding massage school license renewals at §117.57(e) and the impact on students and student permits.

Department Response: The proposed rules make a clarifying change to the term massage school by removing the phrase "a massage therapy education program." The proposed rules do not change the purpose or impact of current rules at §117.57(e), beyond removing the extra language. The commenter is concerned with the impact of current rules on students and the student permit process. These are procedural and administrative concerns and beyond the scope of the proposed rules. No change has been made to the proposed rules in response to this comment.

Comment: One commenter would like to see the student permit expire upon successful completion of the number of internship hours.

Department Response: The proposed rules for new student permits provide for Department procedural and administrative implementation of the new permit. This requirement allows the Department to properly track the student throughout the course of their career, provides administrative safeguards, and does not require students to pay multiple fees or renewals. No change has been made to the proposed rules in response to this comment.

Comment: One commenter believes that the definition for "student permit" is unclear and seems to limit students to only 50 internship hours.

Department Response: The proposed rules for student permits and the definition of "student permit" does not limit the number of internship hours that a student can accumulate. The proposed rules address only the requirements the Department is required to track a student as they complete the minimum 500-hour education required by law. No change has been made to the proposed rules in response to this comment.

Comment: One commenter does not agree with removing §117.58(b) regarding designation of an individual by the director of a massage school when the director is unavailable or absent.

Department Response: The proposed rules add the requirement that a massage school shall notify the Department of the designated contact person to §117.58(a) where the current rule already outlines the responsibilities of the designated contact person. No change has been made to the proposed rules in response to this comment.

Comment: Two commenters are concerned with the removal of the "hour cap" or "maximum number of hours" a student may accumulate in a massage school internship and how this change aligns with statute.

Department Response: The proposed rules remove the cap on the number of internship hours a student can obtain to align requirements with statute. Texas Occupations Code Chapter 455, Sections 455.053 and 455.055 states that the Department must set the maximum number of hours a student may accumulate before the student is required to be licensed. The maximum number of hours a student may accumulate in an internship before they may obtain a license is 50 hours, as prescribed in Texas Occupations Code Chapter 455, §455.156. No change has been made to the proposed rules in response to these comments.

Comment: One commenter believes that §117.66(b)(6)(B)(ii) and (i) pertaining to massage school refund policies say opposite things and is concerned with how a student is protected in the event a massage school does not teach the total scheduled hours in any required program.

Department Response: The proposed rules do not make substantive changes to current rules at §117.66(b)(6)(B) pertaining to massage school refund requirements. The proposed rules update the terminology to "unused" instead of "unearned" tuition for clarity. Section 117.66(b)(6)(B)(i) speaks to "all" tuition while §117.66(b)(6)(B)(ii) speaks to only the "unused" portion of the tuition that can be refunded. The current rule is speaking to two different situations. The commenter raises an issue specific question about the application of the current rules, this comment has been referred to the appropriate division for review. No change has been made to the proposed rules in response to this comment.

Comment: One commenter would like to know the purpose of §117.64(e)(3) and feels like it is already covered in another section.

Department Response: The proposed rule does not make a substantive change to current rule. The proposed rules remove the redundant use of the phrase "therapy education program" and renumbers the section. The requirement of §117.64(e)(3) is current rule and outlines what records must be retained by the school and for a period of three years. No change has been made to the proposed rules in response to this comment.

Comment: The Career Colleges and Schools of Texas commented that they are concerned that the proposed rules at §117.59 could be interpreted to prohibit programs that exceed 500 hours.

Department Response: The proposed rules remove the cap on the number of internship hours a student can obtain to align requirements with statute. Texas Occupations Code Chapter 455, §455.053 and §455.055, states that the Department must set the maximum number of hours a student may accumulate before the student is required to be licensed. The maximum number of hours a student may accumulate in an internship before they may obtain a license is 50 hours, as prescribed in Texas Occupations Code Chapter 455, §455.156. The rules, current and proposed, address the minimum 500-hour course of instruction within the jurisdiction of the department to regulate. The proposed rules do not prohibit programs that exceed 500 hours. No change has been made to the proposed rules in response to this comment.

Comment: One commenter disagrees with the new draping rules and believes it should be their right to choose whether or not to be draped or undraped. The commenter would like the Department to change the current refund policy rules and allow schools discretion of what the refund policy should look like.

Department Response: The proposed rules on draping were developed by the Massage Therapy Advisory Board Standard of Care workgroup. The requirement for draping of certain areas at all times is intended to protect not only the client but the therapist. The proposed rules provide updated terminology for school refunds to provide clarity. The comment does not address a current rule proposal because the proposed rules do not change the current refund process. The comment has been referred to the appropriate division for review.

Comment: One commenter states that the MBLEX is not a good test for Texas and would like to see it discontinued as soon as possible.

Department Response: The comment on the MBLEX does not address any of the current proposed rules. It has been referred to the appropriate division for review. No change has been made to the proposed rules in response to this comment.

Comment: One commenter submitted several concerns regarding the current and proposed rules specifically related to the following: use of the term "curriculum outline;" general requirements of an application of massage therapists; approved continuing education courses and providers; massage school curriculum outline and internship; massage school admission requirements; massage school transcripts and records; massage school cancellation, refund, and school closure policies; massage school student progress requirements; and massage school attendance policy.

Department Response: The commenter made several comments on rules that are not currently under review, have not been proposed for substantive change, or on issues that are beyond the scope of this rulemaking. Those portions of the comments have been referred to the appropriate division for further review.

The commenter is concerned with the removal of the cap on internship hours. The proposed rules remove the cap on the number of internship hours a student can obtain to align requirements with statute. Texas Occupations Code Chapter 455, §455.053 and §455.055, states that the Department must set the maximum number of hours a student may accumulate before the student is required to be licensed. The maximum number of hours a student may accumulate in an internship before they may obtain a license is 50 hours, as prescribed in Texas Occupations Code Chapter 455, §455.156. The Department does not have authority to approve more than the maximum number of hours a student may accumulate beyond what is required to obtain a license. The rules, current and proposed, address the minimum 500-hour course of instruction within the jurisdiction of the department to regulate. The proposed rules do not prohibit programs that exceed 500 hours. No change has been made to the proposed rules in response to this comment.

The commenter is concerned with what records are required to be retained by a massage school. The proposed rules retain some of the current requirements for records retention to ensure that the most pertinent information of a student record is retained for a minimum of three years to comply with audit or inspection requirements and for verification of potential transfer students. No change has been made to the proposed rules in response to this comment.

The commenter does not believe that the Department has authority or control to "make a student eligible to take the appropriate examination." The law provides the Department with the authority to prepare, recognize, administer or arrange for the administration of an examination under Chapter 455. The proposed rules implement the student permit requirements as required by House Bill 1865, 86th Legislature, Regular Session (2019). House Bill 1865 applies to students whom are enrolled in a massage school on or after June 1, 2020. The law requires in §455.2035, Texas Occupations Code, "On a student's completion of a prescribed course of instruction, the school shall notify the Department that the student has completed the required number of hours and is eligible to take the appropriate examination." No change has been made to the proposed rules in response to this comment.

The commenter does not agree with the requirement that financial records must be retained as required by federal retention requirements, if applicable. The Department agrees that this requirement is not necessary, burdensome, and should be removed. The Department made changes to the proposed rule in response to this comment and amended §117.64 to remove this requirement.

Comment: One commenter states that the requirement that the school notify the department that a student is eligible to take an exam is something never required before and does not serve the student.

Department Response: The proposed rules implement the student permit requirements as required by House Bill 1865, 86th Legislature, Regular Session (2019). House Bill 1865 applies to students whom are enrolled in a massage school on or after June 1, 2020. The law states, in §455.2035(b), Texas Occupations Code, "On a student's completion of a prescribed course of instruction, the school shall notify the department that the student has completed the required number of hours and is eligible to take the appropriate examination." No change has been made to the proposed rules in response to this comment.

ADVISORY BOARD RECOMMENDATIONS AND COMMISSION ACTION

The Massage Therapy Advisory Board (Advisory Board) met on November 19, 2019, to discuss the proposed rules and the comments received. The Advisory Board recommended adopting the proposed rules with one change to §117.64. At its meeting on December 20, 2019, the Commission adopted the proposed rules with changes as recommended by the Advisory Board.

SUBCHAPTER A. GENERAL PROVISIONS

16 TAC §117.2

STATUTORY AUTHORITY

The rules are adopted under Texas Occupations Code, Chapters 51 and 455, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The rules are also adopted under Texas Government Code, Chapter 411, Subchapter F, and Texas Occupations Code, Chapters 51 and 53, which establish the Department's statutory authority to conduct criminal history background checks on an applicant for or a holder of a license, certificate, registration, title, or permit issued by the Department.

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51 and 455. No other statutes, articles, or codes are affected by the adopted rules.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 10, 2020.

TRD-202000087

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: February 1, 2020

Proposal publication date: October 11, 2019

For further information, please call: (512) 463-8179


SUBCHAPTER C. LICENSED MASSAGE THERAPIST AND STUDENT PERMIT

16 TAC §§117.20, 117.21, 117.23, 117.25

The rules are adopted under Texas Occupations Code, Chapters 51 and 455, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The rules are also adopted under Texas Government Code, Chapter 411, Subchapter F, and Texas Occupations Code, Chapters 51 and 53, which establish the Department's statutory authority to conduct criminal history background checks on an applicant for or a holder of a license, certificate, registration, title, or permit issued by the Department.

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51 and 455. No other statutes, articles, or codes are affected by the adopted rules.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 10, 2020.

TRD-202000088

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: February 1, 2020

Proposal publication date: October 11, 2019

For further information, please call: (512) 463-8179


SUBCHAPTER D. CONTINUING EDUCATION

16 TAC §117.31

The rules are adopted under Texas Occupations Code, Chapters 51 and 455, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The rules are also adopted under Texas Government Code, Chapter 411, Subchapter F, and Texas Occupations Code, Chapters 51 and 53, which establish the Department's statutory authority to conduct criminal history background checks on an applicant for or a holder of a license, certificate, registration, title, or permit issued by the Department.

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51 and 455. No other statutes, articles, or codes are affected by the adopted rules.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 10, 2020.

TRD-202000089

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: February 1, 2020

Proposal publication date: October 11, 2019

For further information, please call: (512) 463-8179


SUBCHAPTER E. LICENSED MASSAGE THERAPY INSTRUCTORS

16 TAC §117.40

The rules are adopted under Texas Occupations Code, Chapters 51 and 455, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The rules are also adopted under Texas Government Code, Chapter 411, Subchapter F, and Texas Occupations Code, Chapters 51 and 53, which establish the Department's statutory authority to conduct criminal history background checks on an applicant for or a holder of a license, certificate, registration, title, or permit issued by the Department.

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51 and 455. No other statutes, articles, or codes are affected by the adopted rules.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 10, 2020.

TRD-202000092

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: February 1, 2020

Proposal publication date: October 11, 2019

For further information, please call: (512) 463-8179


SUBCHAPTER F. LICENSED MASSAGE SCHOOLS

16 TAC §§117.50 - 117.55, 117.57 - 117.59, 117.61, 117.62, 117.64 - 117.68

The rules are adopted under Texas Occupations Code, Chapters 51 and 455, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The rules are also adopted under Texas Government Code, Chapter 411, Subchapter F, and Texas Occupations Code, Chapters 51 and 53, which establish the Department's statutory authority to conduct criminal history background checks on an applicant for or a holder of a license, certificate, registration, title, or permit issued by the Department.

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51 and 455. No other statutes, articles, or codes are affected by the adopted rules.

§117.64.Massage School Transcripts and Records.

(a) Massage schools shall make available for inspection by the department all records relating to the massage school and necessary data required for approval and to show compliance with the Act and this subchapter. A copy of the accreditation authorization and the letter of eligibility from the U.S. Department of Education shall be available for review, if applicable.

(b) A massage school may use a time clock to track student hours and maintain a daily record of attendance.

(c) A massage school using a time clock shall post a sign at the time clock that state the following department requirements:

(1) Each student must personally clock in or out on their own;

(2) No credit shall be given for any times written in, except in a documented case of time clock failure or any other situation which is documented by a licensed instructor;

(3) If a student is in or out of the massage school for lunch, the student must clock out;

(4) Students leaving the massage school for any reason, including smoking breaks, must clock out, except when an instructional area, on a campus, is located outside the main school building and students are under the supervision of a licensed instructor.

(d) Each massage school shall maintain student transcripts of academic records permanently. Original or certified copies of transcripts (official transcripts) shall be available to students and any person authorized by the student at a reasonable charge if the student has fulfilled the financial obligation to the school. Transcripts must be made available to students who have satisfied the terms of the enrollment agreement within ten (10) calendar days of the date the terms are satisfied. The transcript of a student shall include the following:

(1) name and license number of massage therapy educational program;

(2) the name of the student;

(3) student's social security number;

(4) student's date of birth;

(5) inclusive dates of attendance;

(6) list of subjects and number of course hours taken by the student at the massage school;

(7) dates of courses;

(8) address of student;

(9) signature of the school owner or designated contact person; and

(10) pass/fail score.

(e) Each massage school shall retain the following student records for at least three years:

(1) enrollment agreements and contracts;

(2) written record and evaluation of previous education and training on a form provided by the department; and

(3) official transcript(s) from all previous post-secondary schools attended by the student.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 10, 2020.

TRD-202000094

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: February 1, 2020

Proposal publication date: October 11, 2019

For further information, please call: (512) 463-8179


16 TAC §117.56, §117.60

The repeals are adopted under Texas Occupations Code, Chapters 51 and 455, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The repeals are also adopted under Texas Government Code, Chapter 411, Subchapter F, and Texas Occupations Code, Chapters 51 and 53, which establish the Department's statutory authority to conduct criminal history background checks on an applicant for or a holder of a license, certificate, registration, title, or permit issued by the Department.

The statutory provisions affected by the adopted repeals are those set forth in Texas Occupations Code, Chapters 51 and 455. No other statutes, articles, or codes are affected by the adopted repeals.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 10, 2020.

TRD-202000099

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: February 1, 2020

Proposal publication date: October 11, 2019

For further information, please call: (512) 463-8179


SUBCHAPTER G. LICENSED MASSAGE ESTABLISHMENTS

16 TAC §§117.80, 117.82, 117.83

The rules are adopted under Texas Occupations Code, Chapters 51 and 455, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The rules are also adopted under Texas Government Code, Chapter 411, Subchapter F, and Texas Occupations Code, Chapters 51 and 53, which establish the Department's statutory authority to conduct criminal history background checks on an applicant for or a holder of a license, certificate, registration, title, or permit issued by the Department.

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51 and 455. No other statutes, articles, or codes are affected by the adopted rules.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 10, 2020.

TRD-202000095

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: February 1, 2020

Proposal publication date: October 11, 2019

For further information, please call: (512) 463-8179


SUBCHAPTER H. RESPONSIBILITIES OF THE LICENSEE AND CODE OF ETHICS

16 TAC §§117.90, 117.91, 117.93

The rules are adopted under Texas Occupations Code, Chapters 51 and 455, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The rules are also adopted under Texas Government Code, Chapter 411, Subchapter F, and Texas Occupations Code, Chapters 51 and 53, which establish the Department's statutory authority to conduct criminal history background checks on an applicant for or a holder of a license, certificate, registration, title, or permit issued by the Department.

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51 and 455. No other statutes, articles, or codes are affected by the adopted rules.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 10, 2020.

TRD-202000096

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: February 1, 2020

Proposal publication date: October 11, 2019

For further information, please call: (512) 463-8179


SUBCHAPTER I. FEES

16 TAC §117.100

The rules are adopted under Texas Occupations Code, Chapters 51 and 455, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The rules are also adopted under Texas Government Code, Chapter 411, Subchapter F, and Texas Occupations Code, Chapters 51 and 53, which establish the Department's statutory authority to conduct criminal history background checks on an applicant for or a holder of a license, certificate, registration, title, or permit issued by the Department.

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51 and 455. No other statutes, articles, or codes are affected by the adopted rules.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 10, 2020.

TRD-202000097

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: February 1, 2020

Proposal publication date: October 11, 2019

For further information, please call: (512) 463-8179