The Texas State Board of Plumbing Examiners (Board) proposes new 22 TAC §365.5, relating to Renewal of License, Registration or Endorsement.

Background and Justification

The Board proposes this new rule pursuant to amendments to Chapter 1301 of the Texas Occupations Code passed by the 87th Legislature, Regular Session (2021), specifically Section 18 of House Bill (HB) 363, which changed the three year renewal cycle for endorsements to one year to coincide with the renewal of the underlying license.

Fiscal Impact on State and Local Government

Lisa G. Hill, Executive Director, has determined that for the first five years the new rule is in effect, there are no foreseeable economic implications relating to costs or revenues of the state or local governments as a result of enforcing or administering the new rule.

Public Benefits

The Executive Director has determined that for each of the first five years the new rule is in effect, the public benefit anticipated as a result of rule will be the streamlining of the renewal process.

Probable Economic Costs to Persons Required to Comply with the Rule

The Executive Director has further determined that for the first five years the new 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 new rule is in effect, the agency has determined the following: (1) the new rule does not create or eliminate a government program; (2) implementation of the new rule does not require the creation of new employee positions or the elimination of existing employee positions; (3) implementation of the new 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 by persons already regulated by the Board overall; specifically the fee paid by those licensees seeking to renew their endorsement(s) would be prorated annually instead of triennially; (5) the new rule does not create a new regulation; (6) the new rule does not expand or limit an existing regulation; (7) the new rule does not increase or decrease the number of individuals subject to the new rule's applicability; and (8) the new rule does not 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 new rule may be submitted by mail to Helen Kelley at P.O. Box 4200, Austin, Texas 78765-4200, or by email to rule.comment@tsbpe.texas.gov with the subject line "365.5 Rule Amendment." All comments must be received within 30 days of publication of this proposal.

Statutory Authority

This new rule is proposed 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 new rule is also proposed under the authority of: (1) §1301.401(a), which mandates an annual renewal for licenses, registrations and now endorsements; (2) §1301.253, which authorizes the Board to assess fees; and (3) §1301.404, which authorizes the Board to require continuing education.

This proposal affects the Plumbing License Law. No other statute is affected by this proposal.