The Texas State Board of Plumbing Examiners (Board) proposes amendments to §367.10, which sets forth the requirements for the imposition of an administrative penalty and associated actions for violations of the Plumbing License Law and Board Rules.

The amendments to §367.10 are proposed in response to the passage of Senate Bill (SB) 1410, 81st Regular Legislative Session. The proposed amendments blend certain provisions of the Plumbing License Law regarding administrative penalties found in Subchapter I, Disciplinary Procedures, Subchapter J, Other Penalties and Enforcement Provisions, and Subchapter N, Administrative Penalty, into one rule to better clarify the authority and procedures for the imposition of administrative penalties and ensure all rights under law are afforded to an alleged violator.

Economic Impact Statement and Regulatory Flexibility Analysis

Texas Government Code §2006.002, as amended by the 80th Legislature, House Bill (HB) 3430, requires an agency to perform an Economic Impact Statement and Regulatory Flexibility Analysis if a proposed rule could have an adverse economic impact on small businesses. The proposed amendments to §367.10 will have no adverse economic impact on small businesses. The proposed amendments to §367.10 simply reflect requirements and amendments made to the Plumbing License Law and will, therefore, have no adverse economic impact on small businesses.

Robert L. Maxwell, Executive Director, has determined that for the first five-year period the rule is in effect there will be no fiscal impact on state and local government as well as small businesses and persons required to comply with these amendments.

Mr. Maxwell also has determined that each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be a clearer understanding of the basis for the imposition of administrative penalties and legal rights afforded to alleged violators provided in the Plumbing License Law. Public health and safety will benefit from plumbing performed by individuals who follow clear standards and understand the possible consequences of failing to abide by the Plumbing License Law and Board Rules.

Comments on the proposed rule changes may be submitted within 30 days of publication of these proposed rule amendments in the Texas Register, to Robert L. Maxwell, Executive Director, Texas State Board of Plumbing Examiners, 929 East 41st Street, P.O. Box 4200, Austin, Texas 78765-4200.

The amendments to §367.10 are proposed under and affect Title 8, Chapter 1301, Occupations Code, as amended by the 81st Legislature ("Plumbing License Law" or "Law"), §1301.251, Subchapter I, Subchapter J, Subchapter N, and the rule it amends. Section 1301.251 requires the Board to adopt and enforce rules necessary to administer the Plumbing License Law. Subchapter I sets forth disciplinary powers of the Board and grounds for disciplinary action. Subchapter J describes other penalties and enforcement provisions. Subchapter N sets forth the procedures for the imposition of administrative penalties, and explains legal rights under law afforded to alleged violators. Amendments to §367.10 are also proposed under Texas Government Code §2006.002, as amended by the 80th Legislature, HB 3430, which requires an agency to perform an Economic Impact Statement and Regulatory Flexibility Analysis if a proposed rule could have an adverse economic impact on small businesses.

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