The Texas State Board of Plumbing Examiners (Board) proposes new 22 Texas Administrative Code §365.14, relating to Course Year for Continuing Professional Education and Training Programs.

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 21 of HB 363, which requires the Board to adopt rules to ensure that each licensee, registrant or endorsement holder has at least twelve (12) months to complete any continuing education or training program renewal requirement.

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.

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 new rule does not require an increase or decrease in fees paid to the agency; (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 the number of individuals subject to the 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 "365.14 New 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 Texas Occupations Code, which requires the Board to adopt and enforce rules necessary to administer and enforce chapter 1301 of the Texas Occupations Code (Plumbing License Law). This new rule is also proposed under the authority of Texas Occupations Code §1301.4055, which provides for the Board to "adopt rules to ensure that each holder of a license, registration, or endorsement has at least 12 months to complete any continuing education required for the renewal of the license, registration, or endorsement." Additionally, this new rule is proposed under the authority of §1301.352, which provides for the Board to issue licenses or endorsements to persons that meet the requirements for licensure or endorsement as a master plumber, journeyman plumber, plumbing inspector, tradesman plumber-limited license holder, medical gas piping installation endorsement holder, water supply protection specialist, or multipurpose residential fire protection sprinkler specialist. Similarly, this new rule is proposed under the authority of §1301.3575 which provides for the Board to register persons who comply with the requirements of the chapter as a drain cleaner, drain cleaner-restricted registrant, and residential utilities installer.

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