The Texas State Board of Plumbing Examiners (Board) adopts amendments to 22 TAC §367.10 (Board Rule §367.10), concerning Administrative Penalty, without changes to the proposed text as published in the November 12, 2010, issue of the Texas Register (35 TexReg 10021).

REASONED JUSTIFICATION: The amendments to §367.10 are adopted in response to the passage of Senate Bill 1410, 81st Regular Legislative Session. The adopted amendments combine 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. This is in order to clarify the authority and procedures for the imposition of administrative penalties and ensure that all rights under law are afforded to an alleged violator.

No comments were received regarding the proposed rule amendments.

STATUTORY AUTHORITY: The amendments to §367.10 are adopted under and affect Title 8, Chapter 1301, Texas Occupations Code (Plumbing License Law), as amended by the 81st Legislature, Plumbing License 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. The amendments to §367.10 are also adopted under Texas Government Code §2006.002, as amended by the 80th Legislature, House Bill 3430, which requires an agency to perform an Economic Impact Statement and Regulatory Flexibility Analysis if an adopted rule could have an adverse economic impact on small businesses.

No other statute, article or code is affected by these adopted amendments.