The Texas Board of Veterinary Medical Examiners (Board) proposes an amendment to §575.25, concerning the Recommended Schedule of Sanctions.

The amendment to §575.25 seeks to clarify the type of violation by a licensee that results in a Class B penalty. Under the proposed rule, there are two types of violations that result in a Class B penalty: either a subsequent violation by a licensee who has already committed a prior Class C violation, or a first-time offense that is severe enough to require a greater penalty than that allowed for a Class C violation, but is not so severe as to create the imminent peril to the public required for a Class A violation. This is consistent with the Board's interpretation of the current wording of §575.25.

Nicole Oria, Executive Director, has determined that for each year of the first five years that the rule is in effect there will no additional costs to state or local government as a result of enforcing or administering the rule as proposed. Ms. Oria has determined that for each year of the first five years the rule is in effect there will be minor reductions in costs for the state government, particularly the Board, as a result of no longer having to expend resources litigating or explaining the definition of a Class B violation. Ms. Oria has also determined that there will be no reductions in costs to local governments, and no loss or increase in revenue to the state or to local governments as a result of enforcing or administering the rule.

Ms. Oria has also determined that for each year of the first five years the rule is in effect, the anticipated public benefit will be the clarification of the Board's penalty structure, allowing the Board to more efficiently enforce its rules and thereby better protect the interests of the public and the animals of Texas. Ms. Oria has determined that there will be no economic cost to individuals required to comply with the rule, and no impact on local employment or on small businesses and micro businesses. There is no anticipated difference in cost of compliance between small and large businesses.

The Texas Board of Veterinary Medical Examiners invites comments on the proposed amendment to the rule from any member of the public. A written statement should be mailed or delivered to Loris Jones, Texas Board of Veterinary Medical Examiners, 333 Guadalupe, Suite 3-810, Austin, Texas 78701-3942, by facsimile (FAX) to (512) 305-7574, or by e-mail to vet.board@tbvme.state.tx.us. Comments will be accepted for 30 days following publication in the Texas Register.

The amendment is proposed under the authority of the Veterinary Licensing Act, Occupations Code, §801.151(a) which states that the Board may adopt rules necessary to administer the chapter.

No other statutes, articles or codes are affected by the proposal.