The Texas State Board of Plumbing Examiners (Board) proposes an amendment to 22 TAC §367.10 (Board Rule §367.10) which concerns administrative penalties issued by the Board.

The existing rule incorrectly cites a statute in Chapter 1301 of the Texas Occupations Code (Plumbing License Law). The amendment cites the proper statute in the Plumbing License Law.

This revision was identified during the agency quadrennial rule review.

Lisa G. Hill, Executive Director of the Texas State Board of Plumbing Examiners, has determined that for the first five-year period the rule amendment is in effect, there will be no fiscal impact on state and local governments as a result of amending this section.

Ms. Hill also has determined that for each year of the first five-year period the rule is amended, there will be no local employment impact as a result of this rule amendment.

Ms. Hill has concluded that for each year of the first five years the rule is amended, the anticipated public benefit will be that the Board's Rules will be more accurate. Ms. Hill has determined that there will be no economic cost to individuals who would otherwise be subject to this rule. Ms. Hill has also determined there will be no measurable effect on small businesses and micro businesses. There is no anticipated difference in effect between small and large businesses.

Ms. Hill has determined that this proposal is not a "major environmental rule" as defined by Texas Government Code §2001.0225. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure. The agency has determined that the proposed rule does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action, and therefore does not constitute a taking under Texas Government Code §2007.043.

The Texas State Board of Plumbing Examiners invites comments on the proposed amendment to this rule from any member of the public. Written comments should be mailed to Lisa Hill, Executive Director, at P.O. Box 4200, Austin, Texas 78765-4200; faxed to her attention at (512) 450-0637; or sent by email to info@tsbpe.state.tx.us.

The amendment to Board Rule §367.10 is proposed under and affects Chapter 1301 of the Texas Occupations Code (Plumbing License Law). Plumbing License Law §1301.251 requires the Board to adopt and enforce rules necessary to administer the Plumbing License Law.

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