The Texas State Board of Plumbing Examiners (Board) adopts the amendments to 22 Texas Administrative Code §365.1, relating to License, Endorsement and Registration Categories; Scope of Work Permitted, §365.5, relating to Renewal of License, Registration or Endorsement, §365.7, relating to Duplicate Pocket Card, §365.8, relating to Change of Name, Address, or Employment, §365.14, relating to Course Year for Continuing Professional Education and Training Programs, §365.15, relating to Curriculum Minimum Standards, §365.19, relating to Course Providers of Continuing Professional Education Programs, §365.20, relating to Course Instructors for Continuing Professional Education Programs, §365.21, relating to Continuing Professional Education Programs for the Medical Gas Piping Installation Endorsement, §365.22, relating to Licensing Procedures for Military Spouses, §365.23, relating to Transfer of License, §365.24, relating to Continuing Education and Training Exemptions, and a new rule at §365.25, relating to Temporary License.

The amendments to §§365.1, 365.5, 365.7, 365.8, 365.14, 365.15 and 365.19 - 365.24 are adopted without changes to the proposed text published in the July 8, 2022, issue of the Texas Register (47 TexReg 3870.) These rules will not be republished.

The new rule at 22 Texas Administrative Code §365.25, relating to Temporary License is adopted with changes to the proposed text as published in the July 8, 2022, issue of the Texas Register (47 TexReg 3870) and will therefore be republished.

REASONED JUSTIFICATION OF ADOPTED AMENDMENTS

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 adopted rules implement statutory changes made by HB 636.

The amendment to §365.1 eliminates unnecessary language and references to simplify the rule and make it easier to read.

The amendment to §365.5 rewords and restructures the requirements for renewal in an effort to simplify it and make it easier to read.

The amendment to §365.7 eliminates an unnecessary reference.

The amendment to §365.8 consolidates subsection (d) into (a) to show a licensee or registrant must inform the Board of a change of physical address and legal name change. It also makes a new requirement that the Board be notified of a change in email address.

The amendment to §365.14 changes the rule heading to "Continuing Professional Education and Training Requirements." It further adds "as applicable" to subsection (c) to clarify that continuing education and training can be taken in person, via correspondence, or virtually.

The amendment to §365.15 eliminates references to a "publisher" of course material. The Board earlier repealed regulation of publishers. Further language is eliminated to streamline the rule and clarify the Executive Director will approve both continuing professional education and training courses. Lastly, a clarification in (c) shows that course material is approved for two years from their stated effective date, or the date they are approved, whichever is later.

The amendment to §365.19 eliminates reference to Board approval. Under HB 636, the Executive Director facilitates the administrative approval of courses and instructors. Overly proscriptive rules regarding class format, delivery, and class size are eliminated as was recommended by the Sunset Commission. Courses and training segments are required to be at least one hour in length. Providers may incorporate materials or presentations by manufacturing vendors but only educational and informative portions will be given credit. If a course is cancelled, the Provider shall offer to refund or reschedule the course. The provider will furnish a certificate of completion to the student within three business days of successful course completion.

The amendment to §365.20 sets the minimum qualifications for instructors of continuing education courses and training programs, eliminates overly proscriptive language as recommended by the Sunset Commission and facilitates the standards under which the Executive Director will approve instructors as mandated by HB 636. An instructor must be a journeyman, master, or plumbing inspector in good standing. An instructor teaching an endorsement course, must hold that endorsement. Instructors must teach approved material and report course completion with 48 hours after the course ends.

The amendment to §365.21 adds to the current rule that provides that continuing education for a medial gas piping endorsement must have two hours of CPE. The rule proposal amends the rule to include that the successful completion of a national certification in medical gas may also satisfy the continuing education requirement for that endorsement. Further changes eliminate the requirement for a bound, physical copy of NFPA 99, as the NFPA is available and used digitally. Further language is eliminated to remove unnecessary language and references.

The amendment to §365.22 adopts rules providing for licensing military service members, military veterans, and military spouses.

The amendment to §365.23 reflects the statutory authority to allow for the transfer of a license held for 35 consecutive years. §365.23(a) is inconsistent with statute and is eliminated. The remaining changes simply eliminate unnecessary language and reference to improve readability.

The amendment to §365.24 allows instructors who teach the alternative option for becoming a Tradesman-Limited Plumber at a high school or institute of higher education the ability to renew their license by completing six hours of continuing education at least every three years, if they provide at least 18 hours of instruction annually. This provision facilitates the requirement in HB 636 which amended 1301.407(g).

The new rule at §365.25 creates a rule to support the temporary, non-renewable, 30-day licenses provided in HB 636. This rule shows that this license may be granted in conditions of disaster as declared by the Governor or an event determined by the Executive Director.

COMMENTS

No comments were received regarding the proposed rules.

STATUTORY AUTHORITY

The amendments are 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 the Plumbing License Law.