The Texas State Board of Plumbing Examiners (Board) proposes amendments to the existing rules at 22 Texas Administrative Code (TAC), Chapter 361, §361.1 and §361.13. These proposed changes are referred to as "proposed rules."

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The Texas Occupations Code, Chapter 1301 (Plumbing License Law or PLL) was amended by House Bill 636 (HB 636), 87th Texas Legislature, Regular Session, 2021. The proposed rules implement statutory changes made by HB 636.

HB 636 amended Texas Occupations Code to remove the requirement that a responsible master plumber complete an approved training program regarding the laws and rules applicable to the operation of a plumbing business in Texas. HB 636 created a qualification path for licensure as a Tradesman-Limited Plumber upon successful examination and completion of a career and technology education program offered by a high school or institution of higher education approved by State Board of Education and the Board. HB 636 amended 1301.404 to vest the authority for the administrative approval of continuing professional education programs and instructors in the Executive Director rather than the Board. HB 636 eliminated the Enforcement Committee and the requirement that committee members be board members. HB 636 amended Section 1301.304 of the PLL to move the responsibility to investigate violations of the law or rules from the Enforcement Committee to the Board or Board-designated employee. Amendments to Section 1301.203(4) as amended by HB 636 removed the ability of field representatives to issue citations.

SECTION BY SECTION SUMMARY

Section 361.1(16)--The proposed rule amends the definition of Continuing Professional Education by removing a reference to "Board" approval and eliminating unnecessary language. HB 636 transferred the responsibility of continuing education approval from the Board to the Executive Director.

Section 361.1(21)(E)(iv)--The proposed rule amends the definition of Field Representative by eliminating the responsibly of a Field Representative to issue citations. HB 636 eliminated the authority of Field Representatives to issue citations.

Section 361.1(47)(E)--The proposed rule amends the definition of a Responsible Master Plumber (RMP) by eliminating the requirement for a RMP to complete and submit a certificate of training as mandated by HB 636.

Section 361.1(52)--The proposed rule amends the definition of the Tradesman Plumber-Limited Licensee to include the successful completion of a career and technology program as a qualifying component for licensure as implemented by HB 636.

Section 361.13--The proposed rule eliminates reference to the Enforcement Committee and the requirement that committee members be a member of the Board. HB 636 eliminated the Enforcement Committee and the requirement that committee members be board members.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT

Lisa G. Hill, executive director for the board (Executive Director), has determined that for the first five-year period the amended rule is in effect, there are no foreseeable increases or reductions in costs to the state or local governments as a result of enforcing or administering the rules. The executive director has further determined that for the first five-year period the amended rules are in effect, there will be no foreseeable losses or increases in revenue for the state or local governments as a result of enforcing or administering the rules.

PUBLIC BENEFITS

The executive director has determined that for each of the first five years the amended rules are in effect, the public benefit anticipated as a result of enforcing or administering the amended rules will be to have fewer regulatory barriers to licensure and greater opportunity to expand the population of licensed plumbers. Regulatory efficiency is enhanced by supporting approval of continuing professional education courses and instructors by the Executive Director. Enhanced regulatory efficiency is also realized by removing a course requirement on responsible master plumbers.

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH THE RULE

The executive director has determined that for the first five years the amended rules are in effect, there are no substantial economic costs anticipated to persons required to comply with the amended rule.

ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT

Given that the amended rules do not have a fiscal note which imposes a cost on regulated persons, including another state agency, a special district, or local government, proposal and adoption of the rules is not subject to the requirements of Government Code §2001.0045.

GOVERNMENT GROWTH IMPACT STATEMENT

For each of the first five years the amended rules are in effect, the Board has determined the following: (1) the amended rules do not create or eliminate a government program; (2) implementation of the amended rules do not require the creation of new employee positions or the elimination of existing employee positions; (3) implementation of the amended rules do not require an increase or decrease in future legislative appropriations to the agency; (4) the amended rules do not require an increase or decrease in fees paid to the agency; (5) the amended rules do not create a new regulation; (6) the amended rules do not expand, limit, or repeal an existing regulation; (7) the amended rules do not increase or decrease the number of individuals subject to the rule's applicability; and (8) the amended rules do not positively or adversely affect this state's economy.

LOCAL EMPLOYMENT IMPACT STATEMENT

No local economies are substantially affected by the amended rules. As a result, preparation of a local employment impact statement pursuant to Government Code §2001.022 is not required.

FISCAL IMPACT ON SMALL AND MICRO-BUSINESS, AND RURAL COMMUNITIES

The amended rules will not have an adverse effect on small or micro-businesses, or rural communities because there are no substantial economic costs anticipated to persons required to comply with the amended rules. As a result, preparation of an economic impact statement and a regulatory flexibility analysis, as provided by Government Code §2006.002, are not required.

TAKINGS IMPACT ASSESSMENT

There are no private real property interests affected by the amended rules. As a result, preparation of a takings impact assessment, as provided by Government Code §2007.043, is not required.

PUBLIC COMMENTS

Written comments regarding the amended rules may be submitted by mail to Patricia Latombe at P.O. Box 4200, Austin, Texas 78765-4200, or by email to rule.comment@tsbpe.texas.gov with the subject line "Rule Amendments." All comments must be received within 30 days of publication of this proposal.

STATUTORY AUTHORITY

This proposal is made under the authority of Texas Occupations Code Chapter 1301 as amended by HB 636 during the 87th Legislative Session. Section 1301.251(2) of the Texas Occupations Code authorizes the Texas State Board of Plumbing Examiners to adopt rules as necessary to implement the Chapter.

No other statutes, articles, or codes are affected by the proposed rules.