The Texas Board of Veterinary Medical Examiners (Board) proposes new §575.25, concerning Schedule of Sanctions, simultaneously with the proposed repeal of current §575.25. The proposed repeal of current §575.25 is being published elsewhere in this issue of the Texas Register.

Overview

The purpose of the proposed new rule is to comply with the requirements of §801.411, Occupations Code. The proposed new rule is a schedule of sanctions that will be used by the Board, Board staff, and the State Office of Administrative Hearings to assess the appropriate sanction to be imposed upon a licensee that is subject to disciplinary action.

Section 801.411, Occupations Code, was enacted following the 2016-2017 Texas Sunset Commission review, which identified several concerns with the Board's current recommended schedule of sanctions. In particular, the Commission concluded that the current rule could not ensure fair treatment of all licensees and complainants, and does not account for commonly used discipline such as formal and informal reprimands.

The proposed new rule would promote consistency in disciplinary actions by providing elements to distinguish Class A, B, and C violations. The proposed new rule also provides distinct penalty ranges for each class of violation, which would ensure that disciplinary actions relate appropriately to the nature and seriousness of the offense. To determine which penalty is appropriate within the penalty range, the proposed new rule would require consideration of all the factors set out in statute, along with other aggravating and mitigating factors.

Fiscal Note

John Helenberg, Executive Director, has determined that for each year of the first five years that the rule is in effect, there are no anticipated increases or reductions in costs to the state and local governments as a result of enforcing or administering the rule.

Mr. Helenberg has also determined that for each year of the first five years that the rule is in effect, there is no anticipated impact in revenue to state government as a result of enforcing or administering the rule.

Public Benefit and Cost Note

Mr. Helenberg has also determined that for each year of the first five years the rule is in effect, the anticipated public benefit will be a schedule of sanctions that complies with §801.411, Occupations Code. There are no anticipated economic costs to persons required to comply with the rule.

Local Employment Impact Statement

Mr. Helenberg has determined that the rule will have no impact on local employment or a local economy. Thus, the board is not required to prepare a local employment impact statement pursuant to §2001.022, Government Code.

Economic Impact Statement and Regulatory Flexibility Analysis

Mr. Helenberg has determined that there are no anticipated adverse economic effects on small business or micro-businesses as a result of the proposed repeal. Thus, the Board is not required to prepare an economic impact statement or a regulatory flexibility analysis pursuant to §2006.002, Government Code.

Takings Impact Assessment

Mr. Helenberg has determined that there are no private real property interests affected by the rule. Thus, the board is not required to prepare a takings impact assessment pursuant to §2007.043, Government Code.

Government Growth Impact Statement

For the first five years that the rule would be in effect, it is estimated that; the proposed rule would not create or eliminate a government program; implementation of the proposed rule would not require the creation of new employee positions or the elimination of existing employee positions; implementation of the proposed rule would not require an increase or decrease in future legislative appropriations to the agency; the proposed rule would not require an increase in the fees paid to the agency; the proposed rule would not create a new regulation; the proposed rule would not expand, limit, or repeal an existing regulation; the proposed rule would not increase or decrease the number of individuals subject to the rule's applicability; and the proposed rule would not positively or adversely affect the state's economy.

Request for Public Comments

The Texas Board of Veterinary Medical Examiners invites comments on the proposed new rule from any interested persons, including any member of the public. A written statement should be mailed or delivered to Elaine Crease, Texas Board of Veterinary Medical Examiners, 333 Guadalupe, Ste. 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. Comments must be received within 30 days after publication of this proposal in order to be considered.

Statutory Authority

The rule is proposed under the authority of §801.151(a), Occupations Code, which states that the Board may adopt rules necessary to administer the chapter, and the authority of §801.411, Occupations Code, which states in part that the Board by rule shall adopt a schedule of penalties, disciplinary actions, and other sanctions that the Board may impose.

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