The Texas State Board of Plumbing Examiners (Board) adopts new rule 22 Texas Administrative Code §365.24 relating to Continuing Education and Training Exemptions. New rule 22 Texas Administrative Code §365.24 is adopted without changes to the proposed text published in the August 6, 2021, issue of the Texas Register (46 TexReg 4829). The rule will not be republished.

Reasoned 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 §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 §365.5 are being made in a separate and distinct new §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.

How the Rule will function:

The new rule will function to implement sections 1301.404(f) and 1301.405(c) of the Texas Occupations Code.

Summary of Comments:

Staff received no comments on the proposed new rule.

Statutory Authority:

This new rule is adopted 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 adopted 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.