The Texas State Board of Plumbing Examiners (Board) proposes new rule 22 Texas Administrative Code (TAC) §365.24, relating to Continuing Education and Training Exemptions.

Background and Justification

Texas Occ. Code §1301.404(f) and §1301.405(c) provide for the Board to exempt certain person from continuing education and training requirements. Currently, exemptions are contained in Rule 365.5 Renewal of License, Registration or Endorsement; however; as part of ongoing clarification and organization efforts aimed at making its rules more accessible to the general public, exemptions within 22 TAC §365.5 are being made in a separate and distinct new 22 TAC §365.24 so that the information contained in each rule is more accurately conveyed by each rule's title. Additionally, by exempting military service members rather than merely granting them an extension to complete continuing education requirements the Board will ensure that military service members who rely on Chapter 55 of the Texas Occupations code do not unintentionally find that they cannot complete the accumulated continuing education or training requirements before their license, endorsement or registration becomes unrenewable because it has been expired for more than two years. Tex. Occ. Code §55.003; Tex. Occ. Code §1301.403(d). Exempting military service members will also ensure that military service members who serve on active duty for more than two years are able to retain their license, registration or endorsement.

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 the new rule will be the streamlining of the renewal process by clarifying what exemptions are available and ensuring that military service members on active duty are able to keep their license, endorsement or registration.

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 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 or limit an existing regulation; (7) the rule does increase the number of individuals subject to the rule's applicability, specifically it exempts active duty military service members from continuing education requirements rather than grant them a two year extension; and (8) the 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 "365.24 New Proposed Rule." 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. This new rule is also proposed under the authority of Tex. Occ. Code §1301.404(f) and §1301.405(c), which authorizes the Board to exempt certain persons from continuing education and training requirements.

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