The Texas State Board of Plumbing Examiners (Board) proposes the repeal of 22 Tex. Admin. Code Chapter 367. The Board proposes this repeal contemporaneously with the proposed new Chapter 367.

The new Chapter 367 proposed contemporaneously herewith is largely a reorganization and restatement of the rules and requirements contained in the current Chapter 367. As such, the Board elected to pursue adoption of the new Chapter 367 in a repeal-and-replace fashion, in order to provide a more straightforward and approachable presentation of the new chapter for public review and comment and, conversely, to avoid the formatting required when proposing amendments to existing rules which the Board deemed would be onerous to compile and would detract from readability. In consideration of the foregoing, the analysis and discussion of the impact of the proposed repeal contained herein assumes and contemplates that the proposed repeal would be finally adopted only if the proposed new Chapter 367 is simultaneously adopted in its place.

The proposed repeal was identified during the Board’s periodic rule review of Chapter 367, made in accordance with §2001.039 of the Texas Government Code, and announced by the Board by publication in the November 18, 2016, issue of the Texas Register.

Fiscal Impact on State and Local Government

Lisa G. Hill, Executive Director, has determined that for the first five-year period the proposed repeal is in effect, there are no foreseeable fiscal implications for state or local governments.

Public Benefits / Costs to Regulated Persons

Ms. Hill has also determined that for each of the first five years the proposed repeal is in effect the public will benefit from the new, better-organized version of Chapter 367 the Board separately proposes to replace the repealed version. The proposed repeal constitutes the removal of regulations and, thus, Ms. Hill has determined that there are no substantial costs anticipated for regulated persons as a result of the repeal. A thorough analysis of the anticipated public benefits and potential costs to regulated persons resulting from the new Chapter 367 proposed for adoption contemporaneously herewith is outside the scope of this notice. Persons wishing to review said analysis should consult the notice for the proposed adoption of new Chapter 367.

One-for-One Rule Analysis

This notice proposes the repeal of Chapter 367, and does not propose to adopt a rule. As such, the agency asserts that §2001.0045 of the Texas Government Code, generally requiring an agency to repeal or amend an existing rule prior to adoption of a rule, is not applicable. Additionally, given that the proposed repeal of Chapter 367 does not have a fiscal note which imposes a cost on regulated persons, including another state agency, a special district, or local government, the agency asserts that proposal and adoption of said rules is not subject to the requirements of Texas Government Code §2001.0045. Moreover, the proposed repeal of Chapter 367, brought in conjunction with the proposed adoption of a new Chapter 367, is necessary to protect the health, safety and welfare of the residents of this state and is thus exempt from the requirements of Texas Government Code §2001.0045.

Government Growth Impact Statement

Pursuant to Texas Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for the repeal of Chapter 367, as contemplated in the context of a new Chapter 367 being simultaneously proposed in its place. For each of the first five years Chapter 367 is repealed, the agency has determined the following:

(1) The proposed repeal of Chapter 367 does not create or eliminate a government program;

(2) Implementation of the proposed repeal of Chapter 367 does not require the creation of new employee positions or the elimination of existing employee positions;

(3) Implementation of the proposed repeal of Chapter 367 does not require an increase or decrease in future legislative appropriations to the agency;

(4) The proposed repeal of Chapter 367 does not require an increase or decrease in fees paid to the agency;

(5) The proposed repeal of Chapter 367 does not create a new regulation;

(6) The proposed repeal of Chapter 367, repeals the regulations contained therein, which the agency asserts will be contingent upon the simultaneous adoption of the new Chapter 367;

(7) The proposed repeal of Chapter 367 does not increase or decrease the number of individuals subject to the chapter’s applicability; and,

(8) The proposed repeal of Chapter 367 does not adversely affect this state’s economy and has the potential to positively impact this state’s economy.

Local Employment Impact Statement

The Executive Director has determined that no local economies will be substantially affected by the proposed repeal of Chapter 367 and, as such, the agency is exempted from preparing a local employment impact statement pursuant to Texas Government Code §2001.022.

Fiscal Impact on Small Businesses, Micro-Businesses, and Rural Communities

The Executive Director has determined that the proposed repeal of Chapter 367 will not have an adverse effect on small businesses, micro-businesses or rural communities because there are no substantial anticipated costs to persons who are required to comply as a result of the repeal. As such, the agency asserts that preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as provided by Texas Government Code §2006.002, are not required.

Public Comments

Written comments regarding the proposed repeal of Chapter 367 may be submitted by mail to Lisa G. Hill at P.O. Box 4200, Austin, Texas 78765-4200 (Phone: (512) 936-5200); or by email to info@tsbpe.texas.gov with the subject line "Chapter 367 repeals." Persons wishing to comment not on the proposed repeal of Chapter 367 but, instead, on the proposed new Chapter 367 are hereby instructed to consult and follow the instructions for public comment contained in that separate notice. All comments must be received within 30 days.

Statement of Authority

The repeal of Chapter 367 proposed herein is made under the authority of §1301.251(2) of the Texas Occupations Code, which requires the Board to adopt and enforce rules necessary to administer and enforce said chapter. No other statute, article, or code is affected by the proposed repeal.