TITLE 16. ECONOMIC REGULATION

PART 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION

CHAPTER 62. CODE ENFORCEMENT OFFICERS

16 TAC §62.65

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 62, §62.65, regarding the Code Enforcement Officers program, without changes to the proposed text as published in the February 4, 2022, issue of the Texas Register (47 TexReg 393). The rule will not be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC Chapter 62 implement Texas Occupations Code, Chapter 1952, Code Enforcement Officers.

House Bill (HB) 1560, 87th Legislature, Regular Session (2021), the Sunset legislation for the Department, added new advisory board provisions to Occupations Code, Chapter 51, the Department's enabling statute. (HB 1560, Article 1, Section 1.04.) The adopted rule is necessary to align the program rules with Chapter 51, as amended by HB 1560.

HB 1560 added new §51.209(a-2) to Chapter 51, which authorizes the Department's advisory boards to meet by telephone conference call, videoconference, or other similar telecommunication method, provided the meeting complies with certain requirements. These authorized types of meetings are not required to comply with some videoconference call requirements in the Open Meetings Act, Government Code, Chapter 551.

Ten of the Department's programs contained language in their rule chapters that required advisory board meetings to specifically comply with the Open Meetings Act. The adopted rule changes for the affected programs remove this requirement, so that there is no conflict with the Department's enabling statute, Chapter 51.

The adopted rule makes the necessary rule changes for the Code Enforcement Officers program and aligns the program rules with new §51.209(a-2), as added by HB 1560.

SECTION-BY-SECTION SUMMARY

The adopted rule amends §62.65, Advisory Committee. The adopted rule repeals former subsection (f), which required advisory committee meetings to be announced and conducted under the provisions of the Open Meetings Act. The adopted rule re-letters the subsequent subsections.

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 February 4, 2022, issue of the Texas Register (47 TexReg 393). The public comment period closed on March 7, 2022. The Department received comments from one interested party on the proposed rule. The public comment is summarized below.

Comment: The Texas Medical Association (TMA) submitted a comment regarding the proposed changes being made to the advisory board rules for 10 programs, including the Code Enforcement Officers program. TMA commented on the applicability of the Open Meetings Act and the scope of the changes made by HB 1560. TMA expressed concerns with the proposed changes, including potential confusion by the affected advisory boards, and suggested alternative language that would preserve the Open Meetings Act provision in the rules for the 10 programs but recognize the telephone/video conference call exception in Texas Occupations Code §51.209(a-2).

Department Response: The Department does not believe the TMA suggested revisions are necessary. The proposed rules eliminate conflict between the Code Enforcement Officers program rules and the new provision in Texas Occupations Code §51.209(a-2) regarding advisory board meetings held by teleconference or videoconference. These changes also align the Code Enforcement Officers program rules with the rules for other Department programs, which do not have a provision specifically requiring advisory board compliance with the Open Meetings Act. There has not been confusion about how to conduct advisory board meetings in those programs, and the Department notes that it did not receive a high volume of comments indicating that clarifications are necessary.

Additionally, the proposed rules will not change how the Department conducts its advisory board meetings. Open and free communication is a core value of the Department. The Department has a long history of transparency with regard to its advisory board meetings, even going above and beyond the requirements of the Open Meetings Act. These additional measures include livestreaming all advisory board meetings as they happen, archiving the meetings on the internet for all to see, and allowing members of the public to comment at advisory board meetings by telephone or videoconference. The Department did not make any changes to the proposed rules in response to this comment.

COMMISSION ACTION

At its meeting on May 24, 2022, the Commission adopted the proposed rule as published in the Texas Register.

STATUTORY AUTHORITY

The adopted rule is adopted under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department. The adopted rule is also adopted under Texas Occupations Code, Chapter 1952, Code Enforcement Officers.

The statutory provisions affected by the adopted rule are those set forth in Texas Occupations Code, Chapters 51 and 1952, and Texas Government Code, Chapter 551, Open Meetings. 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 June 10, 2022.

TRD-202202182

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: July 1, 2022

Proposal publication date: February 4, 2022

For further information, please call: (512) 475-4879


CHAPTER 65. BOILERS

SUBCHAPTER M. BOARD OF BOILER RULES

16 TAC §65.104

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 65, Subchapter M, §65.104, regarding the Boilers program, without changes to the proposed text as published in the February 4, 2022, issue of the Texas Register (47 TexReg 394). The rule 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.

House Bill (HB) 1560, 87th Legislature, Regular Session (2021), the Sunset legislation for the Department, added new advisory board provisions to Occupations Code, Chapter 51, the Department's enabling statute. (HB 1560, Article 1, Section 1.04.) HB 1560 added new §51.209(a-1) to Chapter 51, which requires an advisory board to meet at the call of the executive director or the presiding officer of the Commission. HB 1560 also repealed provisions from certain program statutes that conflicted with this new provision. (HB 1560, Article 1, Sections 1.19 and 1.25).

Ten of the Department's programs contained language in their rule chapters that authorized or required the advisory boards to meet at the call of persons other than the executive director or the presiding officer of the Commission, and/or to meet a certain number of times per year. The adopted rule changes for the affected programs remove those provisions, so that there is no conflict with the Department's enabling statute, Chapter 51, or with the program statutes, as amended by HB 1560.

The adopted rule makes the necessary rule changes for the Boilers program to align the program rules with new Occupations Code §51.209(a-1) and to reflect the repeal of Health and Safety Code §755.016.

SECTION-BY-SECTION SUMMARY

The adopted rule amends §65.104, Board of Boiler Rules--Board Meetings. The adopted rule repeals former subsection (a), which allowed someone other than the presiding officer of the Commission or the executive director to call an advisory board meeting and which specified the number of meetings per year. The adopted rule removes the lettering of the subsequent subsection.

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 February 4, 2022, issue of the Texas Register (47 TexReg 394). The public comment period closed on March 7, 2022. The Department received comments from one interested party on the proposed rule. The public comment is summarized below.

Comment: One interested party submitted a comment regarding Health and Safety Code §755.025(a) and the inspections of boilers. The interested party commented on internal and external inspections and the design of some boilers used in healthcare facilities.

Department Response: This comment relates to a provision in the Boiler program statute, Health and Safety Code, Chapter 755. This comment is outside the scope of the proposed rules regarding advisory boards. The Department did not make any changes to the proposed rules as a result of this comment.

COMMISSION ACTION

At its meeting on May 24, 2022, the Commission adopted the proposed rule as published in the Texas Register.

STATUTORY AUTHORITY

The adopted rule is adopted under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department. The adopted rule is also adopted under Texas Health and Safety Code, Chapter 755, Boilers.

The statutory provisions affected by the adopted rule are those set forth in Texas Occupations Code, Chapter 51, and Texas Health and Safety Code, Chapter 755. 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 June 10, 2022.

TRD-202202180

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: July 1, 2022

Proposal publication date: February 4, 2022

For further information, please call: (512) 475-4879


CHAPTER 66. REGISTRATION OF PROPERTY TAX CONSULTANTS

16 TAC §66.65

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 66, §66.65, regarding the Property Tax Consultants program, without changes to the proposed text as published in the February 4, 2022, issue of the Texas Register (47 TexReg 396). The rule will not be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC Chapter 66 implement Texas Occupations Code, Chapter 1152, Property Tax Consultants.

House Bill (HB) 1560, 87th Legislature, Regular Session (2021), the Sunset legislation for the Department, added new advisory board provisions to Occupations Code, Chapter 51, the Department's enabling statute. (HB 1560, Article 1, Section 1.04.) HB 1560 added new §51.209(a-1) to Chapter 51, which requires an advisory board to meet at the call of the executive director or the presiding officer of the Commission. HB 1560 also repealed provisions from certain program statutes that conflicted with this new provision. (HB 1560, Article 1, Sections 1.19 and 1.25).

Ten of the Department's programs contained language in their rule chapters that authorized or required the advisory boards to meet at the call of persons other than the executive director or the presiding officer of the Commission, and/or to meet a certain number of times per year. The adopted rule changes for the affected programs remove those provisions, so that there is no conflict with the Department's enabling statute, Chapter 51, or with the program statutes, as amended by HB 1560.

The adopted rule makes the necessary rule changes for the Property Tax Consultants program to align the program rules with new Occupations Code §51.209(a-1) and to reflect the repeal of Occupations Code §1152.106(a).

SECTION-BY-SECTION SUMMARY

The adopted rule amends §66.65, Advisory Council. The adopted rule repeals former subsection (c), which allowed someone other than the presiding officer of the Commission or the executive director to call an advisory council meeting. The adopted rule re-letters the subsequent subsections.

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 February 4, 2022, issue of the Texas Register (47 TexReg 396). The public comment period closed on March 7, 2022. The Department did not receive any comments from interested parties on the proposed rule.

COMMISSION ACTION

At its meeting on May 24, 2022, the Commission adopted the proposed rule as published in the Texas Register.

STATUTORY AUTHORITY

The adopted rule is adopted under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department. The adopted rule is also adopted under Texas Occupations Code, Chapter 1152, Property Tax Consultants.

The statutory provisions affected by the adopted rule are those set forth in Texas Occupations Code, Chapters 51 and 1152. 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 June 10, 2022.

TRD-202202178

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: July 1, 2022

Proposal publication date: February 4, 2022

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


CHAPTER 67. AUCTIONEERS

16 TAC §67.65

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 67, §67.65, regarding the Auctioneers program, without changes to the proposed text as published in the February 4, 2022, issue of the Texas Register (47 TexReg 397). The rule will not be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC Chapter 67 implement Texas Occupations Code, Chapter 1802, Auctioneers.

House Bill (HB) 1560, 87th Legislature, Regular Session (2021), the Sunset legislation for the Department, added new advisory board provisions to Occupations Code, Chapter 51, the Department's enabling statute. (HB 1560, Article 1, Section 1.04.) HB 1560 added new §51.209(a-1) to Chapter 51, which requires an advisory board to meet at the call of the executive director or the presiding officer of the Commission.

Ten of the Department's programs contained language in their rule chapters that authorized or required the advisory boards to meet at the call of persons other than the executive director or the presiding officer of the Commission, and/or to meet a certain number of times per year. The adopted rule changes for the affected programs remove those provisions, so that there is no conflict with the Department's enabling statute, Chapter 51, or with the program statutes.

The adopted rule makes the necessary rule changes for the Auctioneers program to align the program rules with new Occupations Code §51.209(a-1) and with the existing program statute, Occupations Code §1802.107.

SECTION-BY-SECTION SUMMARY

The adopted rule amends §67.65, Auctioneer Advisory Board. The adopted rule repeals former subsection (c), which allowed someone other than the presiding officer of the Commission or the executive director to call an advisory board meeting and which addressed the number of meetings per year. The adopted rule re-letters the subsequent subsection.

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 February 4, 2022, issue of the Texas Register (47 TexReg 397). The public comment period closed on March 7, 2022. The Department received comments from one interested party on the proposed rule. The public comment is summarized below.

Comment: One interested party submitted a comment that was incomprehensible and attached a picture of a person to the comment.

Department Response: This comment is outside the scope of the proposed rules regarding advisory boards. The Department did not make any changes to the proposed rules as a result of this comment.

COMMISSION ACTION

At its meeting on May 24, 2022, the Commission adopted the proposed rule as published in the Texas Register.

STATUTORY AUTHORITY

The adopted rule is adopted under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department. The adopted rule is also adopted under Texas Occupations Code, Chapter 1802, Auctioneers.

The statutory provisions affected by the adopted rule are those set forth in Texas Occupations Code, Chapters 51 and 1802. 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 June 10, 2022.

TRD-202202177

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: July 1, 2022

Proposal publication date: February 4, 2022

For further information, please call: (512) 475-4879


CHAPTER 68. ELIMINATION OF ARCHITECTURAL BARRIERS

16 TAC §68.65

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 68, §68.65, regarding the Elimination of Architectural Barriers program, without changes to the proposed text as published in the February 4, 2022, issue of the Texas Register (47 TexReg 399). The rule will not be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC Chapter 68 implement Texas Government Code, Chapter 469, Elimination of Architectural Barriers.

House Bill (HB) 1560, 87th Legislature, Regular Session (2021), the Sunset legislation for the Department, added new advisory board provisions to Occupations Code, Chapter 51, the Department's enabling statute. (HB 1560, Article 1, Section 1.04.) HB 1560 added new §51.209(a-1) to Chapter 51, which requires an advisory board to meet at the call of the executive director or the presiding officer of the Commission. HB 1560 also repealed provisions from certain program statutes that conflicted with this new provision. (HB 1560, Article 1, Sections 1.19 and 1.25).

Ten of the Department's programs contained language in their rule chapters that authorized or required the advisory boards to meet at the call of persons other than the executive director or the presiding officer of the Commission and/or to meet a certain number of times per year. The adopted rule changes for the affected programs remove those provisions so that there is no conflict with the Department's enabling statute, Chapter 51, or with the program statutes, as amended by HB 1560.

The adopted rule makes the necessary rule changes for the Elimination of Architectural Barriers program to align the program rules with new Occupations Code §51.209(a-1) and to reflect the repeal of Government Code §469.053(e).

SECTION-BY-SECTION SUMMARY

The adopted rule amends §68.65, Advisory Committee. The adopted rule repeals former subsection (d), which allowed someone other than the presiding officer of the Commission or the executive director to call an advisory committee meeting. The adopted rule re-letters the subsequent subsections.

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 February 4, 2022, issue of the Texas Register (47 TexReg 399). The public comment period closed on March 7, 2022. The Department received comments from one interested party on the proposed rule. The public comment is summarized below.

Comment: One interested party requested that the Department not remove any barriers. The interested party commented that more barriers are needed, especially in El Paso, and that the current barrier is inefficient.

Department Response: This comment is outside the scope of the proposed rule regarding the advisory committee. The Department did not make any changes to the proposed rule as a result of this comment.

COMMISSION ACTION

At its meeting on May 24, 2022, the Commission adopted the proposed rule as published in the Texas Register.

STATUTORY AUTHORITY

The adopted rule is adopted under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department. The adopted rule is also proposed under Texas Government Code, Chapter 469, Elimination of Architectural Barriers.

The statutory provisions affected by the adopted rule are those set forth in Texas Occupations Code, Chapter 51, and Texas Government Code, Chapter 469. 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 June 10, 2022.

TRD-202202192

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: July 1, 2022

Proposal publication date: February 4, 2022

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


CHAPTER 73. ELECTRICIANS

16 TAC §73.65

The Texas Commission of Licensing and Regulation (Commission) adopts the repeal of an existing rule at 16 Texas Administrative Code (TAC), Chapter 73, §73.65, regarding the Electricians program, without changes to the proposed text as published in the February 4, 2022, issue of the Texas Register (47 TexReg 401). The rule will not be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

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

House Bill (HB) 1560, 87th Legislature, Regular Session (2021), the Sunset legislation for the Department, added new advisory board provisions to Occupations Code, Chapter 51, the Department's enabling statute. (HB 1560, Article 1, Section 1.04.) HB 1560 added new §51.209(a-1) to Chapter 51, which requires an advisory board to meet at the call of the executive director or the presiding officer of the Commission. HB 1560 also repealed provisions from certain program statutes that conflicted with this new provision. (HB 1560, Article 1, Sections 1.19 and 1.25).

Ten of the Department's programs contained language in their rule chapters that authorized or required the advisory boards to meet at the call of persons other than the executive director or the presiding officer of the Commission, and/or to meet a certain number of times per year. The adopted rule changes for the affected programs remove those provisions, so that there is no conflict with the Department's enabling statute, Chapter 51, or with the program statutes, as amended by HB 1560.

The current proposed rule makes the necessary rule changes for the Electricians program to align the program rules with new Occupations Code §51.209(a-1) and to reflect the repeal of Occupations Code §1305.055.

SECTION-BY-SECTION SUMMARY

The adopted rule repeals §73.65, Advisory Board. The adopted rule repeals a former provision, which allowed someone other than the presiding officer of the Commission or the executive director to call an advisory committee meeting and which addressed the number of meetings to be held.

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 February 4, 2022, issue of the Texas Register (47 TexReg 401). The public comment period closed on March 7, 2022. The Department received comments from four interested parties on the proposed rule. The public comments are summarized below.

Comment: Four interested parties submitted various licensing inquiries and documentation under the Electricians program.

Department Response: These comments are outside the scope of the proposed rules regarding advisory boards. The Department did not make any changes to the proposed rules as a result of these comments.

COMMISSION ACTION

At its meeting on May 24, 2022, the Commission adopted the proposed rule as published in the Texas Register.

STATUTORY AUTHORITY

The adopted rule repeal is adopted under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department. The adopted rule repeal is also adopted under Texas Occupations Code, Chapter 1305, Electricians.

The statutory provisions affected by the adopted rule repeal are those set forth in Texas Occupations Code, Chapters 51 and 1305. No other statutes, articles, or codes are affected by the adopted rule 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 June 10, 2022.

TRD-202202191

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: July 1, 2022

Proposal publication date: February 4, 2022

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


CHAPTER 84. DRIVER EDUCATION AND SAFETY

SUBCHAPTER B. DRIVER TRAINING AND TRAFFIC SAFETY ADVISORY COMMITTEE

16 TAC §84.34

The Texas Commission of Licensing and Regulation (Commission) adopts the repeal of an existing rule at 16 Texas Administrative Code (TAC), Chapter 84, Subchapter B, §84.34, regarding the Driver Education and Safety program, without changes to the proposed text as published in the February 4, 2022, issue of the Texas Register (47 TexReg 424). The rule will not be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC Chapter 84 implement Texas Education Code, Chapter 1001, Driver and Traffic Safety Education.

House Bill (HB) 1560, 87th Legislature, Regular Session (2021), the Sunset legislation for the Department, added new advisory board provisions to Occupations Code, Chapter 51, the Department's enabling statute. (HB 1560, Article 1, Section 1.04.) HB 1560 added new §51.209(a-1) to Chapter 51, which requires an advisory board to meet at the call of the executive director or the presiding officer of the Commission. HB 1560 also repealed provisions from certain program statutes that conflicted with this new provision. (HB 1560, Article 1, Sections 1.19 and 1.25).

Ten of the Department's programs contained language in their rule chapters that authorized or required the advisory boards to meet at the call of persons other than the executive director or the presiding officer of the Commission, and/or to meet a certain number of times per year. The adopted rule changes for the affected programs remove those provisions, so that there is no conflict with the Department's enabling statute, Chapter 51, or with the program statutes, as amended by HB 1560.

The adopted rule makes the necessary rule changes for the Driver Education and Safety program to align the program rules with new Occupations Code §51.209(a-1) and to reflect the repeal of Education Code §1001.058(h).

SECTION-BY-SECTION SUMMARY

The adopted rule repeals §84.34, Meetings. The adopted rule repeals a former provision, which did not allow the advisory committee meetings to be called by the presiding officer of the commission or the executive director.

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 February 4, 2022, issue of the Texas Register (47 TexReg 424). The public comment period closed on March 7, 2022. The Department did not receive any comments from interested parties on the proposed rule.

COMMISSION ACTION

At its meeting on May 24, 2022, the Commission adopted the proposed repeal as published in the Texas Register.

STATUTORY AUTHORITY

The adopted repeal is adopted under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department. The adopted repeal is also adopted under Texas Education Code, Chapter 1001, Driver and Traffic Safety Education.

The statutory provisions affected by the adopted repeal are those set forth in Texas Occupations Code, Chapter 51, and Texas Education Code, Chapter 1001. 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 June 10, 2022.

TRD-202202183

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: July 1, 2022

Proposal publication date: February 4, 2022

For further information, please call: (512) 475-4879


CHAPTER 86. VEHICLE TOWING AND BOOTING

16 TAC §86.650

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 86, §86.650, regarding the Vehicle Towing and Booting program, without changes to the proposed text as published in the February 4, 2022, issue of the Texas Register (47 TexReg 426). The rule will not be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC Chapter 86 implement Texas Occupations Code, Chapter 2308, Vehicle Towing and Booting.

House Bill (HB) 1560, 87th Legislature, Regular Session (2021), the Sunset legislation for the Department, added new advisory board provisions to Occupations Code, Chapter 51, the Department's enabling statute. (HB 1560, Article 1, Section 1.04.) HB 1560 added new §51.209(a-1) to Chapter 51, which requires an advisory board to meet at the call of the executive director or the presiding officer of the Commission. HB 1560 also repealed provisions from certain program statutes that conflicted with this new provision. (HB 1560, Article 1, Sections 1.19 and 1.25).

Ten of the Department's programs contained language in their rule chapters that authorized or required the advisory boards to meet at the call of persons other than the executive director or the presiding officer of the Commission, and/or to meet a certain number of times per year. The adopted rule changes for the affected programs remove those provisions, so that there is no conflict with the Department's enabling statute, Chapter 51, or with the program statutes, as amended by HB 1560.

The adopted rule makes the necessary rule changes for the Vehicle Towing and Booting program to align the program rules with new Occupations Code §51.209(a-1) and to reflect the repeal of Occupations Code §2308.055.

SECTION-BY-SECTION SUMMARY

The adopted rule amends §86.650, Towing and Storage Advisory Board. The adopted rule repeals former subsection (f), which allowed someone other than the presiding officer of the Commission or the executive director to call an advisory board meeting and which specified the number of meetings per year. The adopted rule re-letters the subsequent subsection.

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 February 4, 2022, issue of the Texas Register (47 TexReg 426). The public comment period closed on March 7, 2022. The Department received comments from one interested party on the proposed rule. The public comment is summarized below.

Comment: One interested party offered comments on unauthorized tows and stated that tow fees should be reduced.

Department Response: This comment is outside the scope of the proposed rules regarding advisory boards. The Department did not make any changes to the proposed rules as a result of this comment.

COMMISSION ACTION

At its meeting on May 24, 2022, the Commission adopted the proposed rule as published in the Texas Register.

STATUTORY AUTHORITY

The adopted rule is adopted under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department. The adopted rule is also adopted under Texas Occupations Code, Chapter 2308, Vehicle Towing and Booting.

The statutory provisions affected by the adopted rule are those set forth in Texas Occupations Code, Chapters 51 and 2308. 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 June 10, 2022.

TRD-202202174

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: July 1, 2022

Proposal publication date: February 4, 2022

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


CHAPTER 87. USED AUTOMOTIVE PARTS RECYCLERS

16 TAC §87.65

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 87, §87.65, regarding the Used Automotive Parts Recyclers program, without changes to the proposed text as published in the February 4, 2022, issue of the Texas Register (47 TexReg 427). The rule will not be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC Chapter 87 implement Texas Occupations Code, Chapter 2309, Used Automotive Parts Recyclers.

House Bill (HB) 1560, 87th Legislature, Regular Session (2021), the Sunset legislation for the Department, added new advisory board provisions to Occupations Code, Chapter 51, the Department's enabling statute. (HB 1560, Article 1, Section 1.04.) HB 1560 added new §51.209(a- 1) to Chapter 51, which requires an advisory board to meet at the call of the executive director or the presiding officer of the Commission. HB 1560 also repealed provisions from certain program statutes that conflicted with this new provision. (HB 1560, Article 1, Sections 1.19 and 1.25).

Ten of the Department's programs contained language in their rule chapters that authorized or required the advisory boards to meet at the call of persons other than the executive director or the presiding officer of the Commission, and/or to meet a certain number of times per year. The adopted rule changes for the affected programs remove those provisions, so that there is no conflict with the Department's enabling statute, Chapter 51, or with the program statutes, as amended by HB 1560.

The adopted rule makes the necessary rule changes for the Used Automotive Parts Recyclers program to align the program rules with new Occupations Code §51.209(a-1) and to reflect the repeal of Occupations Code §2309.056.

SECTION-BY-SECTION SUMMARY

The adopted rule amends §87.65, Advisory Board. The adopted rule repeals former subsection (f), which allowed someone other than the presiding officer of the Commission or the executive director to call an advisory board meeting and which specified the number of meetings per year. The adopted rule re-letters the subsequent subsection.

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 February 4, 2022, issue of the Texas Register (47 TexReg 427). The public comment period closed on March 7, 2022. The Department did not receive any comments from interested parties on the proposed rule.

COMMISSION ACTION

At its meeting on May 24, 2022, the Commission adopted the proposed rule as published in the Texas Register.

STATUTORY AUTHORITY

The adopted rule is adopted under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department. The adopted rule is also adopted under Texas Occupations Code, Chapter 2309, Used Automotive Parts Recyclers.

The statutory provisions affected by the adopted rule are those set forth in Texas Occupations Code, Chapters 51 and 2309. 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 June 10, 2022.

TRD-202202170

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: July 1, 2022

Proposal publication date: February 4, 2022

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


CHAPTER 91. DOG OR CAT BREEDERS PROGRAM

16 TAC §91.65

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 91, §91.65, regarding the Dog or Cat Breeders program, without changes to the proposed text as published in the February 4, 2022, issue of the Texas Register (47 TexReg 429). The rule will not be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC Chapter 91 implement Texas Occupations Code, Chapter 802, Dog or Cat Breeders.

House Bill (HB) 1560, 87th Legislature, Regular Session (2021), the Sunset legislation for the Department, added new advisory board provisions to Occupations Code, Chapter 51, the Department's enabling statute. (HB 1560, Article 1, Section 1.04.) HB 1560 added new §51.209(a-1) to Chapter 51, which requires an advisory board to meet at the call of the executive director or the presiding officer of the Commission. HB 1560 also repealed provisions from certain program statutes that conflicted with this new provision. (HB 1560, Article 1, Sections 1.19 and 1.25).

Ten of the Department's programs contained language in their rule chapters that authorized or required the advisory boards to meet at the call of persons other than the executive director or the presiding officer of the Commission, and/or to meet a certain number of times per year. The adopted rule changes for the affected programs remove those provisions so that there is no conflict with the Department's enabling statute, Chapter 51, or with the program statutes, as amended by HB 1560.

The adopted rule makes the necessary rule changes for the Dog or Cat Breeders program to align the program rules with new Occupations Code §51.209(a-1) and to reflect the repeal of Occupations Code §802.065(e).

SECTION-BY-SECTION SUMMARY

The adopted rule amends §91.65, Advisory Committee. The adopted rule repeals former subsection (e), which allowed someone other than the presiding officer of the Commission or the executive director to call an advisory committee meeting and which specified the number of meetings per year. The adopted rule re-letters the subsequent subsections and a cross-reference.

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 February 4, 2022, issue of the Texas Register (47 TexReg 429). The public comment period closed on March 7, 2022. The Department did not receive any comments from interested parties on the proposed rule.

COMMISSION ACTION

At its meeting on May 24, 2022, the Commission adopted the proposed rule as published in the Texas Register.

STATUTORY AUTHORITY

The adopted rule is adopted under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department. The adopted rule is also adopted under Texas Occupations Code, Chapter 802, Dog or Cat Breeders.

The statutory provisions affected by the adopted rule are those set forth in Texas Occupations Code, Chapters 51 and 802. 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 June 10, 2022.

TRD-202202181

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: July 1, 2022

Proposal publication date: February 4, 2022

For further information, please call: (512) 475-4879


CHAPTER 98. MOTORCYCLE OPERATOR TRAINING AND SAFETY

16 TAC §98.69

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 98, §98.69, regarding the Motorcycle and ATV Operator Safety program, without changes to the proposed text as published in the February 4, 2022, issue of the Texas Register (47 TexReg 431). The rule will not be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC Chapter 98 implement Texas Transportation Code, Chapter 662, Motorcycle Operator Training and Safety.

House Bill (HB) 1560, 87th Legislature, Regular Session (2021), the Sunset legislation for the Department, added new advisory board provisions to Occupations Code, Chapter 51, the Department's enabling statute. (HB 1560, Article 1, Section 1.04.) The adopted rule is necessary to align the program rules with Chapter 51, as amended by HB 1560.

HB 1560 added new §51.209(a-2) to Chapter 51, which authorizes the Department's advisory boards to meet by telephone conference call, videoconference, or other similar telecommunication method, provided the meeting complies with certain requirements. These authorized types of meetings are not required to comply with some videoconference call requirements in the Open Meetings Act, Government Code, Chapter 551.

Ten of the Department's programs contained language in their rule chapters that required advisory board meetings to specifically comply with the Open Meetings Act. The adopted rule changes for the affected programs remove this requirement so that there is no conflict with the Department's enabling statute, Chapter 51.

The adopted rule makes the necessary rule changes for the Motorcycle and ATV Operator Safety program and aligns the program rules with new §51.209(a-2), as added by HB 1560.

SECTION-BY-SECTION SUMMARY

The adopted rule amends §98.69, Advisory Board Meetings. The adopted rule repeals former subsection (b), which required advisory board meetings to be announced and conducted under the provisions of the Open Meetings Act. The adopted rule re-letters the subsequent subsections.

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 February 4, 2022, issue of the Texas Register (47 TexReg 431). The public comment period closed on March 7, 2022. The Department received comments from one interested party on the proposed rule. The public comment is summarized below.

Comment: The Texas Medical Association (TMA) submitted a comment regarding the proposed changes being made to the advisory board rules for 10 programs, including the Motorcycle and ATV Operator Safety program. TMA commented on the applicability of the Open Meetings Act and the scope of the changes made by HB 1560. TMA expressed concerns with the proposed changes, including potential confusion by the affected advisory boards, and suggested alternative language that would preserve the Open Meetings Act provision in the rules for the 10 programs but recognize the telephone/video conference call exception in Texas Occupations Code §51.209(a-2).

Department Response: The Department does not believe the TMA suggested revisions are necessary. The proposed rules eliminate conflict between the Motorcycle and ATV Operator Safety program rules and the new provision in Texas Occupations Code §51.209(a-2) regarding advisory board meetings held by teleconference or videoconference. These changes also align the Motorcycle and ATV Operator Safety program rules with the rules for other Department programs which do not have a provision specifically requiring advisory board compliance with the Open Meetings Act. There has not been confusion about how to conduct advisory board meetings in those programs, and the Department notes that it did not receive a high volume of comments indicating that clarifications are necessary.

Additionally, the proposed rules will not change how the Department conducts its advisory board meetings. Open and free communication is a core value of the Department. The Department has a long history of transparency with regard to its advisory board meetings, even going above and beyond the requirements of the Open Meetings Act. These additional measures include livestreaming all advisory board meetings as they happen, archiving the meetings on the internet for all to see, and allowing members of the public to comment at advisory board meetings by telephone or videoconference. The Department did not make any changes to the proposed rules in response to this comment.

COMMISSION ACTION

At its meeting on May 24, 2022, the Commission adopted the proposed rule as published in the Texas Register.

STATUTORY AUTHORITY

The adopted rule is adopted under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department. The adopted rule is also adopted under Texas Transportation Code, Chapter 662, Motorcycle Operator Training and Safety.

The statutory provisions affected by the adopted rule are those set forth in Texas Occupations Code, Chapter 51; Texas Transportation Code, Chapter 662; and Texas Government Code, Chapter 551, Open Meetings. 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 June 10, 2022.

TRD-202202187

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: July 1, 2022

Proposal publication date: February 4, 2022

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


CHAPTER 110. ATHLETIC TRAINERS

16 TAC §110.18

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 110, §110.18, regarding the Athletic Trainers program, without changes to the proposed text as published in the February 4, 2022, issue of the Texas Register (47 TexReg 432). The rule will not be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC Chapter 110 implement Texas Occupations Code, Chapter 451, Athletic Trainers.

House Bill (HB) 1560, 87th Legislature, Regular Session (2021), the Sunset legislation for the Department, added new advisory board provisions to Occupations Code, Chapter 51, the Department's enabling statute. (HB 1560, Article 1, Section 1.04.) The adopted rule is necessary to align the program rules with Chapter 51, as amended by HB 1560.

HB 1560 added new §51.209(a-2) to Chapter 51, which authorizes the Department's advisory boards to meet by telephone conference call, videoconference, or other similar telecommunication method, provided the meeting complies with certain requirements. These authorized types of meetings are not required to comply with some videoconference call requirements in the Open Meetings Act, Government Code, Chapter 551.

Ten of the Department's programs contained language in their rule chapters that required advisory board meetings to specifically comply with the Open Meetings Act. The adopted rule changes for the affected programs remove this requirement so that there is no conflict with the Department's enabling statute, Chapter 51.

The adopted rule makes the necessary rule changes for the Athletic Trainers program and aligns the program rules with new §51.209(a-2), as added by HB 1560.

SECTION-BY-SECTION SUMMARY

The adopted rule amends §110.18, Meetings. The adopted rule repeals former subsection (b), which required advisory board meetings to be announced and conducted under the provisions of the Open Meetings Act. The adopted rule re-letters the subsequent subsections.

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 February 4, 2022, issue of the Texas Register (47 TexReg 432). The public comment period closed on March 7, 2022. The Department received comments from one interested party on the proposed rule. The public comment is summarized below.

Comment: The Texas Medical Association (TMA) submitted a comment regarding the proposed changes being made to the advisory board rules for 10 programs, including the Athletic Trainers program. TMA commented on the applicability of the Open Meetings Act and the scope of the changes made by HB 1560. TMA expressed concerns with the proposed changes, including potential confusion by the affected advisory boards, and suggested alternative language that would preserve the Open Meetings Act provision in the rules for the 10 programs but recognize the telephone/video conference call exception in Texas Occupations Code §51.209(a-2).

Department Response: The Department does not believe the TMA suggested revisions are necessary. The proposed rules eliminate conflict between the Athletic Trainers program rules and the new provision in Texas Occupations Code §51.209(a-2) regarding advisory board meetings held by teleconference or videoconference. These changes also align the Athletic Trainers program rules with the rules for other Department programs, which do not have a provision specifically requiring advisory board compliance with the Open Meetings Act. There has not been confusion about how to conduct advisory board meetings in those programs, and the Department notes that it did not receive a high volume of comments indicating that clarifications are necessary.

Additionally, the proposed rules will not change how the Department conducts its advisory board meetings. Open and free communication is a core value of the Department. The Department has a long history of transparency with regard to its advisory board meetings, even going above and beyond the requirements of the Open Meetings Act. These additional measures include livestreaming all advisory board meetings as they happen, archiving the meetings on the internet for all to see, and allowing members of the public to comment at advisory board meetings by telephone or videoconference. The Department did not make any changes to the proposed rules in response to this comment.

COMMISSION ACTION

At its meeting on May 24, 2022, the Commission adopted the proposed rule as published in the Texas Register.

STATUTORY AUTHORITY

The adopted rule is adopted under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department. The adopted rule is also adopted under Texas Occupations Code, Chapter 451, Athletic Trainers.

The statutory provisions affected by the adopted rule are those set forth in Texas Occupations Code, Chapters 51 and 451, and Texas Government Code, Chapter 551, Open Meetings. 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 June 10, 2022.

TRD-202202176

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: July 1, 2022

Proposal publication date: February 4, 2022

For further information, please call: (512) 475-4879


CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS

SUBCHAPTER B. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS ADVISORY BOARD

16 TAC §111.14

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter B, §111.14, regarding the Speech-Language Pathologists and Audiologists program, without changes to the proposed text as published in the February 4, 2022, issue of the Texas Register (47 TexReg 434). The rule will not be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC Chapter 111 implement Texas Occupations Code, Chapter 401, Speech- Language Pathologists and Audiologists.

House Bill (HB) 1560, 87th Legislature, Regular Session (2021), the Sunset legislation for the Department, added new advisory board provisions to Occupations Code, Chapter 51, the Department's enabling statute. (HB 1560, Article 1, Section 1.04.) The adopted rule is necessary to align the program rules with Chapter 51, as amended by HB 1560.

HB 1560 added new §51.209(a-2) to Chapter 51, which authorizes the Department's advisory boards to meet by telephone conference call, videoconference, or other similar telecommunication method, provided the meeting complies with certain requirements. These authorized types of meetings are not required to comply with some videoconference call requirements in the Open Meetings Act, Government Code, Chapter 551.

Ten of the Department's programs contained language in their rule chapters that required advisory board meetings to specifically comply with the Open Meetings Act. The adopted rule changes for the affected programs remove this requirement, so that there is no conflict with the Department's enabling statute, Chapter 51.

The adopted rule makes the necessary rule changes for the Speech-Language Pathologists and Audiologists program and aligns the program rules with new §51.209(a-2), as added by HB 1560.

SECTION-BY-SECTION SUMMARY

The adopted rule amends §111.14, Meetings. The adopted rule repeals former subsection (b), which required advisory board meetings to be announced and conducted under the provisions of the Open Meetings Act. The adopted rule re-letters the subsequent subsections.

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 February 4, 2022, issue of the Texas Register (47 TexReg 434). The public comment period closed on March 7, 2022. The Department received comments from one interested party on the proposed rule. The public comment is summarized below.

Comment: The Texas Medical Association (TMA) submitted a comment regarding the proposed changes being made to the advisory board rules for 10 programs, including the Speech-Language Pathologists and Audiologists program. TMA commented on the applicability of the Open Meetings Act and the scope of the changes made by HB 1560. TMA expressed concerns with the proposed changes, including potential confusion by the affected advisory boards, and suggested alternative language that would preserve the Open Meetings Act provision in the rules for the 10 programs but recognize the telephone/video conference call exception in Texas Occupations Code §51.209(a-2).

Department Response: The Department does not believe the TMA suggested revisions are necessary. The proposed rules eliminate conflict between the Speech-Language Pathologists and Audiologists program rules and the new provision in Texas Occupations Code §51.209(a-2) regarding advisory board meetings held by teleconference or videoconference. These changes also align the Speech-Language Pathologists and Audiologists program rules with the rules for other Department programs, which do not have a provision specifically requiring advisory board compliance with the Open Meetings Act. There has not been confusion about how to conduct advisory board meetings in those programs, and the Department notes that it did not receive a high volume of comments indicating that clarifications are necessary.

Additionally, the proposed rules will not change how the Department conducts its advisory board meetings. Open and free communication is a core value of the Department. The Department has a long history of transparency with regard to its advisory board meetings, even going above and beyond the requirements of the Open Meetings Act. These additional measures include livestreaming all advisory board meetings as they happen, archiving the meetings on the internet for all to see, and allowing members of the public to comment at advisory board meetings by telephone or videoconference. The Department did not make any changes to the proposed rules in response to this comment.

COMMISSION ACTION

At its meeting on May 24, 2022, the Commission adopted the proposed rule as published in the Texas Register.

STATUTORY AUTHORITY

The adopted rule is adopted under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department. The adopted rule is also adopted under Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists.

The statutory provisions affected by the adopted rule are those set forth in Texas Occupations Code, Chapters 51 and 401, and Texas Government Code, Chapter 551, Open Meetings. 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 June 10, 2022.

TRD-202202175

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: July 1, 2022

Proposal publication date: February 4, 2022

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


CHAPTER 112. HEARING INSTRUMENT FITTERS AND DISPENSERS

SUBCHAPTER B. HEARING INSTRUMENT FITTERS AND DISPENSERS ADVISORY BOARD

16 TAC §112.14

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 112, Subchapter B, §112.14, regarding the Hearing Instrument Fitters and Dispensers program, without changes to the proposed text as published in the February 4, 2022, issue of the Texas Register (47 TexReg 436). The rule will not be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC Chapter 112 implement Texas Occupations Code, Chapter 402, Hearing Instrument Fitters and Dispensers.

House Bill (HB) 1560, 87th Legislature, Regular Session (2021), the Sunset legislation for the Department, added new advisory board provisions to Occupations Code, Chapter 51, the Department's enabling statute. (HB 1560, Article 1, Section 1.04.) The adopted rule is necessary to align the program rules with Chapter 51, as amended by HB 1560.

HB 1560 added new §51.209(a-2) to Chapter 51, which authorizes the Department's advisory boards to meet by telephone conference call, videoconference, or other similar telecommunication method, provided the meeting complies with certain requirements. These authorized types of meetings are not required to comply with some videoconference call requirements in the Open Meetings Act, Government Code, Chapter 551.

Ten of the Department's programs contained language in their rule chapters that required advisory board meetings to specifically comply with the Open Meetings Act. The adopted rule changes for the affected programs remove this requirement, so that there is no conflict with the Department's enabling statute, Chapter 51.

The adopted rule makes the necessary rule changes for the Hearing Instrument Fitters and Dispensers program and aligns the program rules with new §51.209(a-2), as added by HB 1560.

SECTION-BY-SECTION SUMMARY

The adopted rule amends §112.14, Meetings. The adopted rule repeals former subsection (b), which required advisory board meetings to be announced and conducted under the provisions of the Open Meetings Act. The adopted rule re-letters the subsequent subsections.

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 February 4, 2022, issue of the Texas Register (47 TexReg 436). The public comment period closed on March 7, 2022. The Department received comments from two interested parties on the proposed rule. The public comments are summarized below.

Comment: The Texas Medical Association (TMA) submitted a comment regarding the proposed changes being made to the advisory board rules for 10 programs, including the Hearing Instrument Fitters and Dispensers program. TMA commented on the applicability of the Open Meetings Act and the scope of the changes made by HB 1560. TMA expressed concerns with the proposed changes, including potential confusion by the affected advisory boards, and suggested alternative language that would preserve the Open Meetings Act provision in the rules for the 10 programs but recognize the telephone/video conference call exception in Texas Occupations Code §51.209(a-2).

Department Response: The Department does not believe the TMA suggested revisions are necessary. The proposed rules eliminate conflict between the Hearing Instrument Fitters and Dispensers program rules and the new provision in Texas Occupations Code §51.209(a-2) regarding advisory board meetings held by teleconference or videoconference. These changes also align the Hearing Instrument Fitters and Dispensers program rules with the rules for other Department programs, which do not have a provision specifically requiring advisory board compliance with the Open Meetings Act. There has not been confusion about how to conduct advisory board meetings in those programs, and the Department notes that it did not receive a high volume of comments indicating that clarifications are necessary.

Additionally, the proposed rules will not change how the Department conducts its advisory board meetings. Open and free communication is a core value of the Department. The Department has a long history of transparency with regard to its advisory board meetings, even going above and beyond the requirements of the Open Meetings Act. These additional measures include livestreaming all advisory board meetings as they happen, archiving the meetings on the internet for all to see, and allowing members of the public to comment at advisory board meetings by telephone or videoconference. The Department did not make any changes to the proposed rules in response to this comment.

Comment: A second interested party (an individual) commented on the applicability of the Open Meetings Act on state agencies. The interested party expressed uncertainty regarding the purpose of the proposed rule, but commented that maybe the provision was being removed because it is redundant with the current law. The interested party did not oppose the change.

Department Response: The Department appreciates the comment and notes that the purpose of the proposed rule is to eliminate any conflict between the Hearing Instrument Fitters and Dispensers program rules and new Texas Occupations Code §51.209(a-2) regarding advisory board meetings held by teleconference or videoconference. The Department did not make any changes to the proposed rule in response to this comment.

COMMISSION ACTION

At its meeting on May 24, 2022, the Commission adopted the proposed rule as published in the Texas Register.

STATUTORY AUTHORITY

The adopted rule is adopted under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department. The adopted rule is also adopted under Texas Occupations Code, Chapter 402, Hearing Instrument Fitters and Dispensers.

The statutory provisions affected by the adopted rule are those set forth in Texas Occupations Code, Chapters 51 and 402, and Texas Government Code, Chapter 551, Open Meetings. 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 June 10, 2022.

TRD-202202190

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: July 1, 2022

Proposal publication date: February 4, 2022

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


CHAPTER 114. ORTHOTISTS AND PROSTHETISTS

16 TAC §114.69

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 114, §114.69, regarding the Orthotists and Prosthetists program, without changes to the proposed text as published in the February 4, 2022, issue of the Texas Register (47 TexReg 437). The rule will not be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

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

House Bill (HB) 1560, 87th Legislature, Regular Session (2021), the Sunset legislation for the Department, added new advisory board provisions to Occupations Code, Chapter 51, the Department's enabling statute. (HB 1560, Article 1, Section 1.04.) The adopted rule is necessary to align the program rules with Chapter 51, as amended by HB 1560.

HB 1560 added new §51.209(a-2) to Chapter 51, which authorizes the Department's advisory boards to meet by telephone conference call, videoconference, or other similar telecommunication method, provided the meeting complies with certain requirements. These authorized types of meetings are not required to comply with some videoconference call requirements in the Open Meetings Act, Government Code, Chapter 551.

Ten of the Department's programs contained language in their rule chapters that required advisory board meetings to specifically comply with the Open Meetings Act. The adopted rule changes for the affected programs remove this requirement, so that there is no conflict with the Department's enabling statute, Chapter 51.

The adopted rule makes the necessary rule changes for the Orthotists and Prosthetists program and aligns the program rules with new §51.209(a-2), as added by HB 1560.

SECTION-BY-SECTION SUMMARY

The adopted rule amends §114.69, Advisory Board; Meetings. The adopted rule repeals former subsection (a), which required advisory board meetings to be announced and conducted under the provisions of the Open Meetings Act. The adopted rule re-letters the subsequent subsections.

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 February 4, 2022, issue of the Texas Register (47 TexReg 437). The public comment period closed on March 7, 2022. The Department received comments from one interested party on the proposed rule. The public comment is summarized below.

Comment: The Texas Medical Association (TMA) submitted a comment regarding the proposed changes being made to the advisory board rules for 10 programs, including the Orthotists and Prosthetists program. TMA commented on the applicability of the Open Meetings Act and the scope of the changes made by HB 1560. TMA expressed concerns with the proposed changes, including potential confusion by the affected advisory boards, and suggested alternative language that would preserve the Open Meetings Act provision in the rules for the 10 programs but recognize the telephone/video conference call exception in Texas Occupations Code §51.209(a-2).

Department Response: The Department does not believe the TMA suggested revisions are necessary. The proposed rules eliminate conflict between the Orthotists and Prosthetists program rules and the new provision in Texas Occupations Code §51.209(a-2) regarding advisory board meetings held by teleconference or videoconference. These changes also align the Orthotists and Prosthetists program rules with the rules for other Department programs, which do not have a provision specifically requiring advisory board compliance with the Open Meetings Act. There has not been confusion about how to conduct advisory board meetings in those programs, and the Department notes that it did not receive a high volume of comments indicating that clarifications are necessary.

Additionally, the proposed rules will not change how the Department conducts its advisory board meetings. Open and free communication is a core value of the Department. The Department has a long history of transparency with regard to its advisory board meetings, even going above and beyond the requirements of the Open Meetings Act. These additional measures include livestreaming all advisory board meetings as they happen, archiving the meetings on the internet for all to see, and allowing members of the public to comment at advisory board meetings by telephone or videoconference. The Department did not make any changes to the proposed rules in response to this comment.

COMMISSION ACTION

At its meeting on May 24, 2022, the Commission adopted the proposed rule as published in the Texas Register.

STATUTORY AUTHORITY

The adopted rule is adopted under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department. The adopted rule is also adopted under Texas Occupations Code, Chapter 605, Orthotists and Prosthetists.

The statutory provisions affected by the adopted rule are those set forth in Texas Occupations Code, Chapters 51 and 605, and Texas Government Code, Chapter 551, Open Meetings. 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 June 10, 2022.

TRD-202202186

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: July 1, 2022

Proposal publication date: February 4, 2022

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


CHAPTER 115. MIDWIVES

16 TAC §115.7

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 115, §115.7, regarding the Midwives program, without changes to the proposed text as published in the February 4, 2022, issue of the Texas Register (47 TexReg 439). The rule will not be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC Chapter 115 implement Texas Occupations Code, Chapter 203, Midwives.

House Bill (HB) 1560, 87th Legislature, Regular Session (2021), the Sunset legislation for the Department, added new advisory board provisions to Occupations Code, Chapter 51, the Department's enabling statute. (HB 1560, Article 1, Section 1.04.) The adopted rule is necessary to align the program rules with Chapter 51, as amended by HB 1560.

HB 1560 added new §51.209(a-2) to Chapter 51, which authorizes the Department's advisory boards to meet by telephone conference call, videoconference, or other similar telecommunication method, provided the meeting complies with certain requirements. These authorized types of meetings are not required to comply with some videoconference call requirements in the Open Meetings Act, Government Code, Chapter 551.

Ten of the Department's programs contained language in their rule chapters that required advisory board meetings to specifically comply with the Open Meetings Act. The adopted rule changes for the affected programs remove this requirement, so that there is no conflict with the Department's enabling statute, Chapter 51.

The adopted rule makes the necessary rule changes for the Midwives program and aligns the program rules with new §51.209(a-2), as added by HB 1560.

SECTION-BY-SECTION SUMMARY

The adopted rule amends §115.7, Meetings. The adopted rule repeals former subsection (b), which required advisory board meetings to be announced and conducted under the provisions of the Open Meetings Act. The adopted rule re-letters the subsequent subsections.

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 February 4, 2022, issue of the Texas Register (47 TexReg 439). The public comment period closed on March 7, 2022. The Department received comments from one interested party on the proposed rule. The public comment is summarized below.

Comment: The Texas Medical Association (TMA) submitted a comment regarding the proposed changes being made to the advisory board rules for 10 programs, including the Midwives program. TMA commented on the applicability of the Open Meetings Act and the scope of the changes made by HB 1560. TMA expressed concerns with the proposed changes, including potential confusion by the affected advisory boards, and suggested alternative language that would preserve the Open Meetings Act provision in the rules for the 10 programs but recognize the telephone/video conference call exception in Texas Occupations Code §51.209(a-2).

Department Response: The Department does not believe the TMA suggested revisions are necessary. The proposed rules eliminate conflict between the Midwives program rules and the new provision in Texas Occupations Code §51.209(a-2) regarding advisory board meetings held by teleconference or videoconference. These changes also align the Midwives program rules with the rules for other Department programs, which do not have a provision specifically requiring advisory board compliance with the Open Meetings Act. There has not been confusion about how to conduct advisory board meetings in those programs, and the Department notes that it did not receive a high volume of comments indicating that clarifications are necessary.

Additionally, the proposed rules will not change how the Department conducts its advisory board meetings. Open and free communication is a core value of the Department. The Department has a long history of transparency with regard to its advisory board meetings, even going above and beyond the requirements of the Open Meetings Act. These additional measures include livestreaming all advisory board meetings as they happen, archiving the meetings on the internet for all to see, and allowing members of the public to comment at advisory board meetings by telephone or videoconference. The Department did not make any changes to the proposed rules in response to this comment.

COMMISSION ACTION

At its meeting on May 24, 2022, the Commission adopted the proposed rule as published in the Texas Register.

STATUTORY AUTHORITY

The adopted rule is adopted under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department. The adopted rule is also adopted under Texas Occupations Code, Chapter 203, Midwives.

The statutory provisions affected by the adopted rule are those set forth in Texas Occupations Code, Chapters 51 and 203, and Texas Government Code, Chapter 551, Open Meetings. 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 June 10, 2022.

TRD-202202188

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: July 1, 2022

Proposal publication date: February 4, 2022

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


CHAPTER 116. DIETITIANS

SUBCHAPTER B. DIETITIANS ADVISORY BOARD

16 TAC §116.14

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 116, Subchapter B, §116.14, regarding the Dietitians program, without changes to the proposed text as published in the February 4, 2022, issue of the Texas Register (47 TexReg 441). The rule will not be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC Chapter 116 implement Texas Occupations Code, Chapter 701, Dietitians.

House Bill (HB) 1560, 87th Legislature, Regular Session (2021), the Sunset legislation for the Department, added new advisory board provisions to Occupations Code, Chapter 51, the Department's enabling statute. (HB 1560, Article 1, Section 1.04.) The adopted rule is necessary to align the program rules with Chapter 51, as amended by HB 1560.

HB 1560 added new §51.209(a-2) to Chapter 51, which authorizes the Department's advisory boards to meet by telephone conference call, videoconference, or other similar telecommunication method, provided the meeting complies with certain requirements. These authorized types of meetings are not required to comply with some videoconference call requirements in the Open Meetings Act, Government Code, Chapter 551.

Ten of the Department's programs contained language in their rule chapters that required advisory board meetings to specifically comply with the Open Meetings Act. The adopted rule changes for the affected programs remove this requirement, so that there is no conflict with the Department's enabling statute, Chapter 51.

The adopted rule makes the necessary rule changes for the Dietitians program and aligns the program rules with new §51.209(a-2), as added by HB 1560.

SECTION-BY-SECTION SUMMARY

The adopted rule amends §116.14, Meetings. The adopted rule repeals former subsection (b), which required advisory board meetings to be announced and conducted under the provisions of the Open Meetings Act. The adopted rule re-letters the subsequent subsections.

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 February 4, 2022, issue of the Texas Register (47 TexReg 441). The public comment period closed on March 7, 2022. The Department received comments from one interested party on the proposed rule. The public comment is summarized below.

Comment: The Texas Medical Association (TMA) submitted a comment regarding the proposed changes being made to the advisory board rules for 10 programs, including the Dietitians program. TMA commented on the applicability of the Open Meetings Act and the scope of the changes made by HB 1560. TMA expressed concerns with the proposed changes, including potential confusion by the affected advisory boards, and suggested alternative language that would preserve the Open Meetings Act provision in the rules for the 10 programs but recognize the telephone/video conference call exception in Texas Occupations Code §51.209(a-2).

Department Response: The Department does not believe the TMA suggested revisions are necessary. The proposed rules eliminate conflict between the Dietitians program rules and the new provision in Texas Occupations Code §51.209(a-2) regarding advisory board meetings held by teleconference or videoconference. These changes also align the Dietitians program rules with the rules for other Department programs, which do not have a provision specifically requiring advisory board compliance with the Open Meetings Act. There has not been confusion about how to conduct advisory board meetings in those programs, and the Department notes that it did not receive a high volume of comments indicating that clarifications are necessary.

Additionally, the proposed rules will not change how the Department conducts its advisory board meetings. Open and free communication is a core value of the Department. The Department has a long history of transparency with regard to its advisory board meetings, even going above and beyond the requirements of the Open Meetings Act. These additional measures include livestreaming all advisory board meetings as they happen, archiving the meetings on the internet for all to see, and allowing members of the public to comment at advisory board meetings by telephone or videoconference. The Department did not make any changes to the proposed rules in response to this comment.

COMMISSION ACTION

At its meeting on May 24, 2022, the Commission adopted the proposed rule as published in the Texas Register.

STATUTORY AUTHORITY

The adopted rule is adopted under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department. The adopted rule is also adopted under Texas Occupations Code, Chapter 701, Dietitians.

The statutory provisions affected by the adopted rule are those set forth in Texas Occupations Code, Chapters 51 and 701, and Texas Government Code, Chapter 551, Open Meetings. 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 June 10, 2022.

TRD-202202184

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: July 1, 2022

Proposal publication date: February 4, 2022

For further information, please call: (512) 475-4879


CHAPTER 120. LICENSED DYSLEXIA THERAPISTS AND LICENSED DYSLEXIA PRACTITIONERS

16 TAC §120.69

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 120, §120.69, regarding the Dyslexia Therapy program, without changes to the proposed text as published in the February 4, 2022, issue of the Texas Register (47 TexReg 442). The rule will not be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC Chapter 120 implement Texas Occupations Code, Chapter 403, Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists.

House Bill (HB) 1560, 87th Legislature, Regular Session (2021), the Sunset legislation for the Department, added new advisory board provisions to Occupations Code, Chapter 51, the Department's enabling statute. (HB 1560, Article 1, Section 1.04.) The adopted rule is necessary to align the program rules with Chapter 51, as amended by HB 1560.

HB 1560 added new §51.209(a-2) to Chapter 51, which authorizes the Department's advisory boards to meet by telephone conference call, videoconference, or other similar telecommunication method, provided the meeting complies with certain requirements. These authorized types of meetings are not required to comply with some videoconference call requirements in the Open Meetings Act, Government Code, Chapter 551.

Ten of the Department's programs contained language in their rule chapters that required advisory board meetings to specifically comply with the Open Meetings Act. The adopted rule changes for the affected programs remove this requirement, so that there is no conflict with the Department's enabling statute, Chapter 51.

The adopted rule makes the necessary rule changes for the Dyslexia Therapy program and aligns the program rules with new §51.209(a-2), as added by HB 1560.

SECTION-BY-SECTION SUMMARY

The adopted rule amends §120.69, Meetings. The adopted rule repeals former subsection (b), which required advisory board meetings to be announced and conducted under the provisions of the Open Meetings Act. The adopted rule re-letters the subsequent subsections.

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 February 4, 2022, issue of the Texas Register (47 TexReg 442). The public comment period closed on March 7, 2022. The Department received comments from one interested party on the proposed rule. The public comment is summarized below.

Comment: The Texas Medical Association (TMA) submitted a comment regarding the proposed changes being made to the advisory board rules for 10 programs, including the Dyslexia Therapy program. TMA commented on the applicability of the Open Meetings Act and the scope of the changes made by HB 1560. TMA expressed concerns with the proposed changes, including potential confusion by the affected advisory boards, and suggested alternative language that would preserve the Open Meetings Act provision in the rules for the 10 programs but recognize the telephone/video conference call exception in Texas Occupations Code §51.209(a-2).

Department Response: The Department does not believe the TMA suggested revisions are necessary. The proposed rules eliminate conflict between the Dyslexia Therapy program rules and the new provision in Texas Occupations Code §51.209(a-2) regarding advisory board meetings held by teleconference or videoconference. These changes also align the Dyslexia Therapy program rules with the rules for other Department programs, which do not have a provision specifically requiring advisory board compliance with the Open Meetings Act. There has not been confusion about how to conduct advisory board meetings in those programs, and the Department notes that it did not receive a high volume of comments indicating that clarifications are necessary.

Additionally, the proposed rules will not change how the Department conducts its advisory board meetings. Open and free communication is a core value of the Department. The Department has a long history of transparency with regard to its advisory board meetings, even going above and beyond the requirements of the Open Meetings Act. These additional measures include livestreaming all advisory board meetings as they happen, archiving the meetings on the internet for all to see, and allowing members of the public to comment at advisory board meetings by telephone or videoconference. The Department did not make any changes to the proposed rules in response to this comment.

COMMISSION ACTION

At its meeting on May 24, 2022, the Commission adopted the proposed rule as published in the Texas Register.

STATUTORY AUTHORITY

The adopted rule is adopted under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department. The adopted rule is also adopted under Texas Occupations Code, Chapter 403, Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists.

The statutory provisions affected by the adopted rule are those set forth in Texas Occupations Code, Chapters 51 and 403, and Texas Government Code, Chapter 551, Open Meetings. 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 June 10, 2022.

TRD-202202185

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: July 1, 2022

Proposal publication date: February 4, 2022

For further information, please call: (512) 475-4879


CHAPTER 121. BEHAVIOR ANALYST

16 TAC §121.69

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 121, §121.69, regarding the Behavior Analysts program, without changes to the proposed text as published in the February 4, 2022, issue of the Texas Register (47 TexReg 444). The rule will not be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC Chapter 121 implement Texas Occupations Code, Chapter 506, Behavior Analysts.

House Bill (HB) 1560, 87th Legislature, Regular Session (2021), the Sunset legislation for the Department, added new advisory board provisions to Occupations Code, Chapter 51, the Department's enabling statute. (HB 1560, Article 1, Section 1.04.)

HB 1560 added new §51.209(a-1) to Chapter 51, which requires an advisory board to meet at the call of the executive director or the presiding officer of the Commission. HB 1560 also repealed provisions from certain program statutes that conflicted with this new provision. (HB 1560, Article 1, Sections 1.19 and 1.25).

Ten of the Department's programs contained language in their rule chapters that authorized or required the advisory boards to meet at the call of persons other than the executive director or the presiding officer of the Commission, and/or to meet a certain number of times per year. The adopted rule changes for the affected programs remove those provisions, so that there is no conflict with the Department's enabling statute, Chapter 51, or with the program statutes, as amended by HB 1560.

In addition, HB 1560 added new §51.209(a-2) to Chapter 51, which authorizes the Department's advisory boards to meet by telephone conference call, videoconference, or other similar telecommunication method, provided the meeting complies with certain requirements. These authorized types of meetings are not required to comply with some videoconference call requirements in the Open Meetings Act, Government Code, Chapter 551.

Ten of the Department's programs contained language in their rule chapters that required advisory board meetings to specifically comply with the Open Meetings Act. The adopted rule changes for the affected programs remove this requirement, so that there is no conflict with the Department's enabling statute, Chapter 51.

The Behavior Analysts program rules are affected by both categories of changes. The adopted rule makes the necessary rule changes for the Behavior Analysts program to align the program rules with new Occupations Code §51.209(a-1) and (a-2) and to reflect the repeal of Occupations Code §506.105.

SECTION-BY-SECTION SUMMARY

The adopted rule amends §121.69, Advisory Board: Meetings. The adopted rule repeals former subsection (a), which allowed someone other than the presiding officer of the Commission or the executive director to call an advisory board meeting and which specified the minimum number of meetings per year. The adopted rule also repeals former subsection (b), which required advisory board meetings to be announced and conducted under the provisions of the Open Meetings Act. The adopted rule re-letters the subsequent subsections.

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 February 4, 2022, issue of the Texas Register (47 TexReg 444). The public comment period closed on March 7, 2022. The Department received comments from two interested parties on the proposed rule. The public comments are summarized below.

Comment: The Texas Medical Association (TMA) submitted a comment regarding the proposed changes being made to the advisory board rules for 10 programs, including the Behavior Analysts program. TMA commented on the applicability of the Open Meetings Act and the scope of the changes made by HB 1560. TMA expressed concerns with the proposed changes, including potential confusion by the affected advisory boards, and suggested alternative language that would preserve the Open Meetings Act provision in the rules for the 10 programs but recognize the telephone/video conference call exception in Texas Occupations Code §51.209(a-2).

Department Response: The Department does not believe the TMA suggested revisions are necessary. The proposed rules eliminate conflict between the Behavior Analysts program rules and the new provision in Texas Occupations Code §51.209(a-2) regarding advisory board meetings held by teleconference or videoconference. These changes also align the Behavior Analysts program rules with the rules for other Department programs, which do not have a provision specifically requiring advisory board compliance with the Open Meetings Act. There has not been confusion about how to conduct advisory board meetings in those programs, and the Department notes that it did not receive a high volume of comments indicating that clarifications are necessary.

Additionally, the proposed rules will not change how the Department conducts its advisory board meetings. Open and free communication is a core value of the Department. The Department has a long history of transparency with regard to its advisory board meetings, even going above and beyond the requirements of the Open Meetings Act. These additional measures include livestreaming all advisory board meetings as they happen, archiving the meetings on the internet for all to see, and allowing members of the public to comment at advisory board meetings by telephone or videoconference. The Department did not make any changes to the proposed rules in response to this comment.

Comment: A second interested party (an individual) offered comments on both categories of proposed changes to the Behavior Analysts rule. First, the interested party opposed eliminating the provision requiring two advisory board meetings be held per year and offered several reasons why the required meetings should not be eliminated. Second, the interested party expressed concern about the transparency of the Behavior Analyst Advisory Board meetings should the proposed changes regarding open meetings be adopted. The interested party opposed the proposed rule.

Department Response: The Department disagrees with the first comment regarding the required number of advisory board meetings. HB 1560 added new advisory board provisions to Occupations Code, Chapter 51, including §51.209(a-1), which requires an advisory board to meet at the call of the executive director or the presiding officer of the Commission. HB 1560 also repealed provisions from certain program statutes that conflicted with this new provision, including from the Behavior Analysts program statute. HB 1560 repealed Occupations Code §506.105, which required the Behavior Analyst Advisory Board to meet at least twice each year. These statutory changes were effective September 1, 2021. The proposed rule makes the necessary rule changes to align the Behavior Analysts program rules with new Occupations Code §51.209(a-1) and to reflect the repeal of Occupations Code §506.105. The Department did not make any changes to the proposed rules as a result of this comment.

The Department also disagrees with the second comment regarding the transparency of the advisory board meetings. The Department livestreams all its advisory board meetings as they happen and archives the meetings on the internet for all to see. Additionally, members of the public are allowed to comment at advisory board meetings by phone or videoconference. The Department believes that these measures ensure transparency for citizens of Texas and interested parties worldwide. The Department did not make any changes to the proposed rules as a result of this comment.

COMMISSION ACTION

At its meeting on May 24, 2022, the Commission adopted the proposed rule as published in the Texas Register.

STATUTORY AUTHORITY

The adopted rule is adopted under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department. The adopted rule is also adopted under Texas Occupations Code, Chapter 506, Behavior Analysts.

The statutory provisions affected by the adopted rule are those set forth in Texas Occupations Code, Chapters 51 and 506, and Texas Government Code, Chapter 551, Open Meetings. 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 June 10, 2022.

TRD-202202179

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: July 1, 2022

Proposal publication date: February 4, 2022

For further information, please call: (512) 475-4879


PART 8. TEXAS RACING COMMISSION

CHAPTER 301. DEFINITIONS

16 TAC §301.1

The Texas Racing Commission (TXRC) adopts the amendment to 16 TAC §301.1(b)(74) Definition. Specimen.

16 TAC §301.1(b)(74) is adopted without changes to the text as proposed in the April 29, 2022, issue of the Texas Register (47 TexReg 2389). This rule will not be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULE

The purpose of the adopted amendment is to clarify the definition of specimen by including the word hair to encompass the hair follicle and hair shaft. The addition of hair to the definition of specimen upgrades the drug testing process with the implementation of state-of-the-art hair testing to determine the use of a prohibited substance influencing the outcome of a horse race. The addition of the word hair to the specimen definition also improves readability through use of plain talk guidelines and promotes the integrity of racing and the safety of racing participants. The Texas Racing Act, Tex. Occ. Code §2034.001(c), states that the commission's rules must require state-of-the-art testing methods and that testing may: (1) be prerace or postrace as determined by the commission; and (2) be by an invasive or noninvasive method. The Texas Racing Act, Tex. Occ. Code §2034.001(d), also provides for the commission to adopt rules relating to the drug testing of license holders.

PUBLIC COMMENTS

The deadline for public comments and the 30-day comment period ended May 29, 2022. TXRC drafted and distributed the proposed rule to persons both internal and external to the agency. The proposed rule was published in the Texas Register on April 29, 2022. (47 TexReg 2389). TXRC did not receive any comments from interested parties on the proposed rule during the 30-day public comment period.

COMMISSION ACTION

At its meeting on June 8, 2022, the Commission adopted the proposed rule amendment as recommended by the Health and Safety Committee open meetings held on February 2, 2022, and March 8, 2022.

ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT.

The Commission is exempt and not required to take further action under Texas Government Code §2001.0045. The Commission is specifically exempt under Texas Government Code §2001.0045(c)(7).

STATUTORY AUTHORITY

The adopted rule amendment is adopted under Tex. Occ. Code §§2023.004 and 2034.001 which authorize TXRC adopt rules as necessary to implement and administer the Act and provide state-of-the-art drug testing.

The statutory provisions affected by the adopted rule amendment are those set forth in Tex. Occ. Code Chapters 2023 and 2034. Texas Administrative Code Chapter 319 entitled Veterinary Practices and Drug Testing is also affected by the proposed rule amendment.

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 June 9, 2022.

TRD-202202153

Virginia Fields

General Counsel

Texas Racing Commission

Effective date: June 29, 2022

Proposal publication date: April 29, 2022

For further information, please call: (512) 409-4009


CHAPTER 303. GENERAL PROVISIONS

SUBCHAPTER B. POWERS AND DUTIES OF THE COMMISSION

16 TAC §303.42

The Texas Racing Commission (TXRC) adopts the amendment to 16 TAC §303.42, regarding Approval of Charity Race Days.

Section 303.42 is adopted without changes to the text as proposed in the April 29, 2022, issue of the Texas Register (47 TexReg 2400). The rule will not be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULE

The purpose of the adopted amendment is to improve readability through use of plain talk guidelines. The adopted rule amendments will provide more charities the opportunity to participate in racetrack charity race days. Equine research for health and safety have not benefitted from charity days in the past as such research involves millions of dollars and does not result in increased public participation. Broadening the charitable participation will result in broadening public participation on charity race days. For example, charities benefitting veterans' organizations on a veteran holiday race day will increase public participation and will also greatly benefit veteran charitable organizations.

COMMISSION ACTION

At its meeting on June 8, 2022, the Commission adopted the amendment as proposed by the Commission Vice-Chair, Connie McNabb, DVM.

ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT.

The Commission is exempt and not required to take further action under Texas Government Code §2001.0045. The Commission is specifically exempt under Texas Government Code §2001.0045(c)(7).

PUBLIC COMMENTS

The deadline for public comments and the 30-day comment period ended May 29, 2022. TXRC drafted and distributed the proposed rule to persons both internal and external to the agency. The proposed rule was published in the Texas Register on April 29, 2022. (47 TexReg 2400). TXRC did not receive any comments from interested parties on the proposed rule during the 30-day public comment period

STATUTORY AUTHORITY

The adopted rule amendment is adopted under Tex. Occ. Code §§2023.004 which authorizes TXRC adopt rules as necessary to implement and administer the Act.

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 June 9, 2022.

TRD-202202152

Virginia Fields

General Counsel

Texas Racing Commission

Effective date: July 1, 2022

Proposal publication date: April 29, 2022

For further information, please call: (512) 409-4009


CHAPTER 309. RACETRACK LICENSES AND OPERATIONS

SUBCHAPTER A. RACETRACK LICENSES

DIVISION 1. GENERAL PROVISIONS

16 TAC §309.13

The Texas Racing Commission (TXRC) adopts the repeal of 16 TAC §309.13, concerning Supplemental Fees. Section 309.13 rule is repealed as proposed in the April 29, 2022, issue of the Texas Register (47 TexReg 2389). This rule will not be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULE

The purpose of the repeal is necessary as the audit is unnecessary and would save racetracks significant fees. The purpose of this fee is to pay the Commission's costs to procure an independent audit or review of the economy, efficiency, and effectiveness of its operations as requested by the racing industry. This fee has been assessed in addition to the racetrack license fees prescribed by 16 TAC §309.8 or other racetrack fees required by 16 TAC §309.11 and §309.12.

PUBLIC COMMENTS

The deadline for public comments and the 30-day comment period ended May 29, 2022. The TXRC drafted and distributed the proposed rule repeal to persons both internal and external to the agency. The TXRC did not receive any comments from interested parties on the rule repeal during the 30-day public comment period

STATUTORY AUTHORITY

The repeal is adopted under Tex. Occ. Code §2023.002(b), which authorizes the Commission to adopt rules, issue licenses, and take any other necessary action relating exclusively to horse racing or greyhound racing.

No other statute, code, or article is affected by the adopted rule 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 June 9, 2022.

TRD-202202151

Virginia Fields

General Counsel

Texas Racing Commission

Effective date: June 29, 2022

Proposal publication date: April 29, 2022

For further information, please call: (512) 409-4009


CHAPTER 319. VETERINARY PRACTICES AND DRUG TESTING

The Texas Racing Commission adopts amendments to 16 TAC §319.3, concerning Medication Restricted, and §319.301, concerning Testing Authorized. The rules are adopted without changes to the proposed text as published in the April 29, 2022, issue of the Texas Register (47 TexReg 2403). These rules will not be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULE

The purpose of the adopted amendments is to clarify the implementation of hair testing for prohibited substances including beta-agnostics to promote the integrity of racing and the safety of racing participants. The Texas Racing Act, Tex. Occ. Code §2034.001(c), states that the commission's rules must require state-of-the-art testing methods and that testing may: (1) be prerace or postrace as determined by the commission; and (2) be by an invasive or noninvasive method. The Texas Racing Act, Tex. Occ. Code §2034.001(d) also provides for the commission to adopt rules relating to the drug testing of license holders

The adopted rulemaking amends §319.3(f) and §319.301(a) and (c) to improve readability through use of plain talk guidelines. The proposed rule amendments to the medication restricted rule and testing authorized rule provides clarity and upgrades the drug testing process with the implementation of state-of-the-art hair testing to determine the use of a prohibited substance to influence the outcome of a horse race.

The adopted rulemaking amends 16 TAC §319.3(f) by removing specific prohibited substances clenbuterol and albuterol and replacing the specific prohibited substances with the prohibited substance group of beta-agonists. The amendments also include adding attending veterinarian to distinguish the attending veterinarian duties from the duties of the commission veterinarian. This will better distinguish between the duties of the attending veterinarian and the duties of the commission veterinarian. The rulemaking also amends drug to plural use where appropriate and replaces the words clenbuterol and albuterol in other areas with the word beta-agonists where appropriate.

The amendments to 16 TAC §319.301(a) add the words hair and tissue to the type of specimen to be collected from a race animal. The amendments to §319.301(c) remove the word "secretary" and replace it with "director" to more accurately reflect the title of the position.

COMMISSION ACTION

At its meeting on June 8, 2022, the Commission adopted the amendments as presented to the Texas Racing Commission Health and Safety subcommittee at open meetings held on February 2, 2022, and March 8, 2022.

ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT.

The Commission is exempt and not required to take further action under Texas Government Code §2001.0045. The Commission is specifically exempt under Texas Government Code §2001.0045(c)(7).

PUBLIC COMMENTS

The deadline for public comments and the 31-day comment period ended May 29, 2022. TXRC drafted and distributed the proposed rules to persons both internal and external to the agency. The proposed rules were published in the Texas Register on April 29, 2022 (47 TexReg 2403). TXRC did not receive any comments from interested parties on the proposed rules during the 30-day public comment period.

SUBCHAPTER A. GENERAL PROVISIONS

16 TAC §319.3

STATUTORY AUTHORITY

The amendments are adopted under Tex. Occ. Code §§2023.004 and 2034.001, which authorize the Commission to adopt rules as necessary to implement and administer the Act and provide state-of-the-art drug testing.

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 June 9, 2022.

TRD-202202154

Virginia Fields

General Counsel

Texas Racing Commission

Effective date: June 29, 2022

Proposal publication date: April 29, 2022

For further information, please call: (512) 490-4009


SUBCHAPTER D. DRUG TESTING

DIVISION 1. GENERAL PROVISIONS

16 TAC §319.301

STATUTORY AUTHORITY

The amendments are adopted under Tex. Occ. Code §§2023.004 and 2034.001, which authorize the Commission to adopt rules as necessary to implement and administer the Act and provide state-of-the-art drug testing.

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 June 9, 2022.

TRD-202202169

Virginia Fields

General Counsel

Texas Racing Commission

Effective date: June 29, 2022

Proposal publication date: April 29, 2022

For further information, please call: (512) 490-4009