The Texas State Board of Plumbing Examiners (Board) proposes amendments to 22 Texas Administrative Code §361.1.

BACKGROUND AND PURPOSE

The amendment to §361.1, concerning definitions, indicates that although cleaning a drain or sewer line constitutes "service" of plumbing (and therefore the act of plumbing), inspection, alone, of a drain, of a sewer line, or of other plumbing, using a scope or camera, does not constitute the service of plumbing or the act of plumbing.

Fiscal Impact on State and Local Government

Lisa G. Hill, Executive Director, has determined that for the first five-year period the rule is in effect, there are no foreseeable increases or reductions in costs to the state or local governments as a result of enforcing or administering the rule. The Executive Director has further determined that for the first five-year period the rule is in effect, there will be no foreseeable loss in revenue for the state or local governments as a result of enforcing or administering the rule.

Public Benefits / Costs to Regulated Persons

The Executive Director has determined that for each of the first five years the rule is in effect, the public benefit anticipated as a result of enforcing the rule will be a rule that is clearer and consistent with the definition of "plumbing" in Texas Occupations Code chapter 1301.

The Executive Director has further determined that for the first five years the rule is in effect, there are no substantial costs anticipated for persons required to comply with the rule.

One-for-One Rule Analysis

Given the rule does not have a fiscal note which imposes a cost on regulated persons, including another state agency, a special district, or local government, the Board asserts proposal and adoption of the rule is not subject to the requirements of Government Code §2001.0045.

Government Growth Impact Statement

For each of the first five years the proposed amendments are in effect, the agency has determined the following: (1) the rule does not create or eliminate a government program; (2) implementation of the rule does not require the creation of new employee positions or the elimination of existing employee positions; (3) implementation of the rule does not require an increase or decrease in future legislative appropriations to the agency; (4) the rule does not require an increase or decrease in fees paid to the agency; (5) the rule does not create a new regulation; (6) the rule does not expand an existing regulation; the rule limits an existing regulation because the Board may no longer regulate the practice of sewer scope inspections; (7) the rule decreases the number of individuals subject to the rule's applicability; and (8) the rule does not positively or adversely affect this state's economy.

Local Employment Impact Statement

The Executive Director has determined that no local economies are substantially affected by the rule, and, as such, the Board is exempted from preparing a local employment impact statement pursuant to Government Code §2001.022.

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

The Executive Director has determined that the rule will not have an adverse effect on small or micro-businesses, or rural communities, because there are no substantial anticipated costs to persons who are required to comply with the rule. As a result, the Board asserts preparation of an economic impact statement and a regulatory flexibility analysis, as provided by Government Code §2006.002, are not required.

Takings Impact Assessment

The Board has determined that there are no private real property interests affected by the rule; thus, the Board asserts preparation of a takings impact assessment, as provided by Government Code §2007.043, is not required.

Environmental Rule Analysis

The Board has determined that this proposal is not brought with the specific intent to protect the environment or reduce risks to human health from environmental exposure; thus, the Board asserts this proposal is not a "major environmental rule" as defined by Government Code §2001.0225. As a result, the Board asserts preparation of an environmental impact analysis, as provided by said §2001.0225, is not required.

Public Comments

Written comments regarding the amendments may be submitted by mail to Lisa G. Hill at P.O. Box 4200, Austin, Texas 78765-4200, or by email to info@tsbpe.texas.gov with the subject line "Public Comment - Definitions." All comments must be received within 30 days of publication of this proposal.

Statutory Authority

This proposal is made under the authority of §1301.251(2) of the Occupations Code, which requires the Board to adopt and enforce rules necessary to administer and enforce chapter 1301 of the Occupations Code (Plumbing License Law). This proposal affects the Plumbing License Law.

No other statute is affected by this proposal. Amended §361.1 is proposed under the authority of, and to implement, Texas Occupations Code §1301.002(7).