The Texas Behavioral Health Executive Council adopts amended §885.1, relating to Fees. Section 885.1 is adopted without changes to the proposed text as published in the October 2, 2020, issue of the Texas Register (45 TexReg 6960) and will not be republished.

Reasoned Justification.

The amended rule is adopted to implement Tex. H.B. 1501, 86th Leg., R.S. (2019). This legislation created the Texas Behavioral Health Executive Council and authorized the Executive Council to regulate marriage and family therapists, professional counselors, psychologists, and social workers. Sections 507.151 and 507.152 of the Tex. Occ. Code authorizes the Executive Council to administer and enforce Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code, as well as adopt rules as necessary to perform the Executive Council's duties and implement Chapter 507. Section 507.154 of the Tex. Occ. Code authorizes the Executive Council to set fees necessary to cover the costs of administering Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code. The Executive Council adopted a rule to implements this statutory duty but the adopted fee schedule omitted the initial licensure fee that is being charged for Licensed Marriage and Family Therapist (LMFT) applications, this adopted fee is the same as the fee that was being charged by the LMFT Board; the LMFT associate extension base fee was off by $5 dollars and needed to be increased accordingly; the mention of an upgrade fee for a Licensed Master Social Worker-Advanced Practitioner (LMSW-AP) needed to be deleted since LMSW-AP applications are no longer being accepted; and the $5 fee previously listed in the Texas.gov column for examinations fees is actually the base fee and the fee schedule needed to be amended accordingly.

List of interested groups or associations against the rule.

None.

Summary of comments against the rule.

None.

List of interested groups or associations for the rule.

None.

Summary of comments for the rule.

None.

Agency Response.

None.

Statutory Authority.

The rule is adopted under Tex. Occ. Code, Title 3, Subtitle I, Chapter 507, which provides the Texas Behavioral Health Executive Council with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.

Additionally, the Executive Council adopts this rule pursuant to the authority found in §507.152 of the Tex. Occ. Code which vests the Executive Council with the authority to adopt rules necessary to perform its duties and implement Chapter 507 of the Tex. Occ. Code.

The Executive Council adopts this amended rule pursuant to the authority found in §507.154 of the Tex. Occ. Code which authorizes the Executive Council to set fees necessary to cover the costs of administering Chapters 501, 502, 503, 505, and 507 of the Tex. Occ. Code.

Lastly, the Executive Council also adopts this rule under the authority found in §2001.004 of the Tex. Gov't Code which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.