The Texas State Board of Plumbing Examiners (Board) adopts amendments to 22 TAC §§361.1 - 361.3, 361.5, 361.7, 361.8, 361.10, and 361.12 - 361.14. The amendments are adopted without changes to the proposed text as published in the February 3, 2017, issue of the Texas Register (42 TexReg 359) and will not be republished.

The amendments to §361.1, concerning Definitions, update selected definitions to reflect current staff structure and Board policy, eliminate redundancies with existing statutes and rules, ensure consistency across all Board rules, correct punctuation, and improve clarity. The definition of "Act" is deleted and replaced with a new definition for "Plumbing License Law or PLL." The definition of "Administrative Act" is changed to "APA." The definition of "Administrator" is deleted and replaced with a new definition for "Executive Director." The definitions of "Adopted Plumbing Code," "Field Representative," "Maintenance Man or Maintenance Engineer," "Person," "Plumbing Company," and "Responsible Master Plumber" are streamlined. The definition of "Chief Field Representative" is deleted and replaced with a new definition for "Director of Enforcement." The definitions of "Contested Case" and "Party" are amended to more closely mirror the definitions of these terms found in the Administrative Procedure Act. The definitions of "Control Valve," "Drain Cleaner," "Drain Cleaner-Restricted Registrant," "Plumber's Apprentice," and "Residential Utilities Installer," are deleted, and a new subsection (b) is added to clarify that any term not defined in Chapter 361 has the definition provided by the Plumbing License Law. The definition of "Endorsement" is amended to include a Drain Cleaner Registration, a Drain Cleaner-Restricted Registration, and a Residential Utilities Installer Registration. The definitions of "Medical Gas Piping Endorsement" and "Multipurpose Residential Fire Protection Sprinkler Specialist Endorsement" are updated to be consistent with the proposed changes to the definition of "Endorsement." The definition of "Petitioner" is streamlined and updated to reflect the proposed changes to §361.14. New language is added to the definition of "Plumbing" to clarify that cleaning a drain or sewer line using a cable or pressurized fluid constitutes plumbing. The definition of "Pocket Card" is amended to conform with the proposed changes to the definition of "Endorsement." The definitions of "Regularly Employed" and "Work as a Master Plumber" are deleted. A new definition for "Registration" is added. The definitions of "Supervision" and "Tradesman Plumber-Limited Licensee" are updated.

The amendments to §361.2, concerning Purpose, conform with the proposed changes to the definitions of "Act" and "Administrative Act," and clarify the existing rule.

The amendments to §361.3, concerning Scope, conform with the proposed changes to the definition of "Act" and clarify the existing rule.

The amendments to §361.5, concerning Administration, conform with the proposed changes to the definitions of "Administrator" and "Executive Director."

The amendments to §361.7, concerning Employee Training and Education, conform with the proposed changes to the definitions of "Administrator" and "Executive Director" and add new subsection (f), which provides that the Executive Director is eligible to receive agency-supported training and education subject to the approval of the Board's Chair.

The amendments to §361.8, concerning Forms and Materials, add the Responsible Master Plumber Application and Military Service Member, Veteran, or Military Spouse Supplemental Information Form to the list of forms encompassed by the rule and add the word "and" to make the rule grammatically correct.

The amendments to §361.10, concerning the Historically Underutilized Business (HUB) Program, replace "Texas General Services Commission" with "Texas Facilities Commission" to reflect the change in the agency's name and reformat the reference to 1 Texas Administrative Code §§111.20 - 111.33.

The amendments to §361.12, concerning Advisory Committees, reformat the references to the Plumbing License Law and Texas Government Code.

The amendments to §361.13, concerning Board Committees and Enforcement Committee, conform with the proposed changes to the definition of "Administrative Act" and the proposed renumbering of 22 Tex. Admin. Code Chapter 363. New language is added to specify that the Enforcement Committee may designate an employee of the Board to investigate complaints, review complaint investigations to determine whether a violation of the Plumbing License Law or Board Rules has occurred, and recommend the imposition of administrative penalties and issue notices of alleged violations.

The amendments to §361.14, concerning Petition for Adoption of Rules, add language to clarify that a person may petition for the repeal or amendment of an existing rule in addition to the adoption of a new rule. Additions are also made to specify how the information that must be included in the petition will vary depending on whether a new rule, amendment, or repeal is requested. New subsection (b) is added to require the Board to deny the petition or initiate a rulemaking proceeding within 60 days of receipt of a petition.

No comments were received regarding the adoption of these amendments.

The amendments are adopted under section 1301.251 of the Texas Occupations Code, which requires the Board to adopt and enforce rules necessary to administer and enforce the chapter and section 2001.039 of the Government Code, which requires a state agency to review its rules every four years. No other statute, article, or code is affected by this adoption.