The Texas State Board of Plumbing Examiners (Board) adopts new rule 22 Texas Administrative Code §365.14, relating to Course Year for Continuing Professional Education and Training Programs. New rule 22 Texas Administrative Code §365.14 is adopted with a change to the proposed text published in the August 6, 2021, issue of the Texas Register (46 TexReg 4821) for clarification purposes. The rule will be republished.

Reasoned Justification:

The Board adopts 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.

How the Rule will function:

The rule will function to implement section 1301.4055 of the Texas Occupations Code.

Summary of Comments:

The thirty day comment period ended September 5, 2021. During this period, TSBPE received comments regarding the proposed rule from Matthew Winn. The summarized comments and TSBPE's response to the comments follows:

Mr. Winn states "[t]oday's idea of 'virtual' training is not generally via telecommunications equipment, but rather via the internet." Mr. Will also states "[t]his provision addresses Continuing Education, but not training programs."

Response: TSBPE declines to make a change to the language in subsection (c) of proposed rule §365.14 as the term "telecommunications" was specifically chosen because it is defined by Merriam-Webster's Dictionary as "communication at a distance" and "technology that deals with telecommunication" in order to future-proof the rule regardless of advances in technology. https://www.merriam-webster.com/dictionary/telecommunication. Furthermore, the "internet" is actually an example of telecommunications equipment connected to form networks around the world. https://www.merriam-webster.com/dictionary/Internet.TSBPE included continuing professional education and training programs in the title of this rule because it address both given the directive in section 1301.4055 of the Texas Occupations Code 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." While section 1301.404(b) of the Texas Occupations Code provides that a "person who holds a license or endorsement . . . must complete at least six hours of continuing professional education annually," section 1301.405(a) provides that persons holding certain registrations "must annually complete at least six hours of approved training." Section 311.021(2)-(4) of the Texas Government Code presumes that the entire statute is intended to be effective; a just and reasonable result is intended; and a result feasible of execution is intended, accordingly staff interprets "continuing education required for renewal" in section 1301.4055 of the Texas Occupations Code to include both continuing professional education for licensees and endorsement holders and training for registrants as they are both annual renewal requirements, which is why it is in the title, but to further clarify that it applies to both staff will add training programs to subsection c. The commenter is correct that the board had considered defining courses in a separate rule; however, the board made a last minute decision to include the medium by which course may be taken in this rule instead. Nothing in chapter 1301 prohibits training from being taken through a correspondence course, so it will not be limited to the other two mediums suggested by the commenter as it seems contrary to the commenter's professed goal of flexibility.

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 (Plumbing License Law). This new rule is also adopted under the authority of Tex. Occ. 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 adopted 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 adopted 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 new rule affects the Plumbing License Law. No other statute is affected.