The Health and Human Services Executive Commissioner on behalf of the Department of State Health Services (department) adopts amendments to §§229.631 - 229.644, concerning the regulation of cosmetic salvage establishments and brokers. Sections 229.631 - 229.644 are adopted without changes to the proposed text as published in the October 29, 2004, issue of the Texas Register (29 TexReg 10034) and, therefore, the sections will not be republished.

The amendments are necessary to comply with Government Code, Chapter 2054, Subchapter K, which requires the department to participate in an electronic system for occupational licensing transactions (Texas Online); House Bill 2292, 78th Legislative Session, 2003, §2.42, added Health and Safety Code, §12.0111, which requires the department to charge a fee sufficient to cover the cost of administering and enforcing the licensing program, and Health and Safety Code, §12.0112, which requires that the term for licenses issued or renewed after January 1, 2005 will be two years. Amendments to §§229.631 - 229.644 reorganize and/or provide clarification to the rules. Amendments were made to §§229.635 - 229.636 to reflect changes in the duration of licenses and the amount of fees collected by the department for the licenses, and the fee collected for use of Texas Online to issue a license.

No comments were received on the proposed amendments during the public comment period.

The amendments are adopted under the Health and Safety Code, §12.0111, which requires the department to charge fees for issuing or renewing a license; §12.0112, which requires the term of each license issued to be two years; §432.005, which requires all persons operating a salvage establishment to be licensed by the department; and Government Code, §531.055, and Health and Safety Code, §1001.075, which authorize 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.