The Health and Human Services Commissioner on behalf of the Department of State Health Services proposes amendments to §§295.202, 295.204 - 295.212, 295.214 - 295.216, and 295.220, concerning the certification, accreditation, and standards for lead-based paint activities in target housing and child-occupied facilities.

The amended sections cover the requirement for two-year licenses in accordance with House Bill 2292, 78th Legislature, 2003, the requirement to collect license fees online in accordance with Senate Bill 1152, 78th Legislature, 2003 which amended Government Code, §2054.111, and clarifications, up-dates, and added language for improved implementation.

The majority of the changes to these rules are required as a result of House Bill 2292, 78th Legislature, 2003, which revised Texas Health and Safety Code (HSC), §§12.0111 and 12.0112, to require two-year licenses effective January 1, 2005; and Senate Bill 1152, 78th Legislature, 2003, which amended Government Code (GC), Chapter 2054, regarding the TexasOnline Authority. Pursuant to HSC, §12.0111 and §12.0112, the three-year accreditations and certifications will be converted to two-year terms when they expire. The annual fees for these credentials were doubled to reflect the two-year term, but there is no net gain in fee income to the department from this change since fees will be collected biennially. Pursuant to GC, Chapter 2054, wording was added that authorizes the department to collect subscription and convenience fees to recover costs associated with application and renewal application processing through Texas Online.

Section 295.202 is amended to indicate the codification of the Act in the Occupations Code, and clarifies that the stop-date is determined when the abatement clearance results are reported to the lead firm conducting the abatement.

Section 295.204 is amended to require the conversion of three-year accreditations to two-year accreditations and doubles the fees to accommodate the new two-year period; to add language that allows for the collection of annual subscription and convenience fees to recover costs associated with processing fee payments for applications through TexasOnline; to clarify the requirement that each refresher course, except for the project designer course, shall include a hands-on skills assessment if required in the original course; and to delete the requirement for submitting to the department a Certificate of Good Standing from the Texas Comptroller when applying for accreditation.

Section 295.205 is amended to add language that allows for the collection of subscription and convenience fees to recover costs associated with processing fee payments for applications through TexasOnline.

Sections 295.206, 295.207, 295.208, 295.209, and 295.210 are amended to require the conversion of three-year certifications to two-year certifications and double the annual fees to accommodate the new two-year period.

Section 295.211 is amended to require the conversion of three-year certifications to two-year certifications and doubles the annual fees to accommodate the new two-year period.

Section 295.212 is amended to require the occupant protection plan to describe the measures and management procedures that will be taken during the abatement to protect any individual with access to the abatement area from exposure to any lead-based paint hazards.

Section 295.216 is amended to add a certification and exam fee exemption provision for department employees who must engage in lead-based paint activities as a condition of their employment.

Section 295.220 is amended to add an example to the Severity Level II violation category of using a fee-exempt certification, issued to a department employee, to work on non-department related lead-based paint activities.

Other minor grammatical changes are made and reference citations are corrected for clarification.

Alan Morris, Division of Regulatory Services, has determined that for the first calendar year of the first five-year period the sections are in effect, there will be fiscal implications to state government as a result of administering the rules as proposed. The effect on state government related to the two-year certification requirement will be an increase in revenue of approximately $92,250 for the first calendar year. There will be no increase for years two through five. It is estimated that the costs to the department to administer the provisions of the amended rules will not change. There will be an impact on local government that maintains licensure, due to the requirement to have a two-year certification cycle.

Mr. Morris has also determined that for each year of the first five years the proposed sections are in effect, the public benefit will include increased efficiency in the licensing process with quicker turn around on license applications and renewals. There will be economic costs for micro-businesses, small and large businesses and persons who are required to comply with the amended sections. These costs are related to the requirement to have a two-year certification renewal cycle. Wording is added that authorizes the department to collect subscription and convenience fees, in amounts to be determined by the Texas Online Authority, to recover costs associated with application and renewal processing. There will be no anticipated impact on local employment.

Comments on the proposed sections may be submitted to Alan Morris, Division of Regulatory Services, Department of State Health Services, 1100 West 49th Street, Austin, Texas, 78756, (512) 834-6600. Comments will be accepted for 30 days following publication of this proposal in the Texas Register.

The proposed amendments are authorized by Health and Safety Code, §12.0111, which requires the department to change fees for issuing or renewing a license; §12.0112, which requires the term of each license issued to be two years; and Government Code, §531.055, and Health and Safety Code, §1001.075, which authorizes the executive commissioner of the Health and Human Services Commission to adopt rules reasonably necessary for the department to administer its regulatory and administrative functions.

The amendments affect the Occupations Code, Chapter 1955.