The Texas State Board of Plumbing Examiners ("Board") proposes the repeal of: 22 Texas Administrative Code §§365.2, relating to Exemptions; 365.4, relating to Issuance of License, Registration or Endorsement; 365.6, relating to Expiration of License, Registration or Endorsement; 365.10, relating to Application for License, Registration or Endorsement after Revocation; 365.13, relating to Licensing or Registration of Individuals in Default on a Guaranteed Student Loan or in Arrears on Child Support Payments; 365.16, relating to Board Approval of Course Providers for Continuing Professional Education Programs; 365.17, relating to Board Approval of Course Instructors for Continuing Professional Education Programs; and 365.18, relating to Publishers of Course Materials for Continuing Professional Education Programs.

The Board published notice in the August 6, 2021, edition of the Texas Register (46 TexReg 4861) of its intent to review its rules in Chapter 365. Pursuant to the agency's review of its rules under Texas Government Code §2001.039, the Board has determined that the reasons for initially adopting these rules no longer exist as these rules largely restate what is already in statute rather than implementing, interpreting or prescribing law or policy.

Additionally, the reasons for initially adopting these rules no longer exist due to statutory amendments and repeals. Specifically, §365.2 is nearly identical to the Exemptions found in Subchapter B of the Plumbing license law §§1301.051-1301.058. Similarly, §365.4 restates §§1301.352, 1301.359 and 1301.401 of the Texas Occupations Code. Likewise, §365.6 essentially repeats §§1301.403, 1301.404 and 1301.405 of the Texas Occupations Code. Additionally, §365.10(a) - (c) is already covered in §1301.451, and §365.10(d) refers to the Enforcement Committee, which no longer exists as a result of House Bill (HB) 636 passed by the 87th Legislature, Regular Session (2021). Similarly, Senate Bill (SB) 37 passed by the 86th Legislature, Regular Session (2019) amended Texas Occupations Code §56.003 so that a licensing authority may not take disciplinary action against a person based on the person's default on a student loan or breach of a student loan repayment contract of scholarship contract. Accordingly the reasons for adopting §365.13(a) - (e) no longer exist. Additionally, §365.13(f) - (g) essentially restates the process described in §232.0135 of the Texas Family Code which makes its inclusion in rule redundant.

Finally, as a result of HB 636, the Board was granted explicit rule making authority to set the minimum curriculum standards and instructor standards for continuing education and training programs. Accordingly, amendments to §365.19 and §365.20 have been proposed to carry out that legislative directive. Notably, the Board was not granted explicit rule making authority by the legislature to regulate business entities or individuals that publish course materials or employ or contract with instructors. Accordingly, the Board has determined that §§365.16 - 365.18 are no longer necessary because amended rules §365.19 and §365.20 will ensure that continuing education and training programs meet minimum standards via the least restrictive means necessary.

Fiscal impact on State and Local Government

Lisa G. Hill, Executive Director, has determined that for the first five years the repeals are 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 repeals.

Public Benefit

Lisa Hill, Executive Director, has determined that for each of the first five years the proposed repeals are in effect the public benefit anticipated as a result of the repeals will be streamlining the Board's processes and procedures.

Probable Economic Costs to Persons Required to Comply with the Rule

The Executive Director has further determined that for the first five years the repealed rules are in effect, there are no substantial costs anticipated as a result of the repealed rules.

One-for-One Rule Analysis

Given the rules do 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 repealed rules are not subject to the requirements of Government Code §2001.0045.

Government Growth Impact Statement

For each of the first five years the repealed rules are in effect, the agency has determined the following: (1) the repealed rules do not create or eliminate a government program; (2) implementation of the repealed rules do not require the creation of new employee positions or the elimination of existing employee positions; (3) implementation of the repealed rules do not require an increase or decrease in future legislative appropriations to the agency; (4) the repealed rules do not require an increase or decrease in fees paid to the agency, (5) the repealed rules do not create a new regulation; (6) the repealed rules do not expand existing regulations; (7) the repealed rules do not increase the number of individuals subject to it and (8) the repealed rules do 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 repealed rules, 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 repealed rules. 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 repealed rules; 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 repeal 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 "Rule Repeal." All comments must be received within 30 days of publication of this proposal.

Statutory Authority

The repeal of §§365.2, 365.4, 365.6, 365.10, 365.13, 365.16, 365.17 and 365.18 are proposed under the authority of Texas Occupations Code §1301.251, which provides for the Board to adopt and enforce rules necessary to administer the Plumbing License Law. Additionally, the repeal of §365.13 is proposed under the authority of Texas Occupations Code §56.003, which did away with a licensing authority's ability to take disciplinary action against a person based on the person's default on a student loan or breach of a student loan repayment contract of scholarship contract.

These proposed repeals affect the Plumbing License Law. No other statute is affected by these proposed repeals.