The Texas State Board of Plumbing Examiners (Board or TSBPE) proposes an amendment to the existing rule at 22 Texas Administrative Code (TAC), Chapter 361, §361.1(18) which concerns definitions and general provisions. The proposed amendment is referred to as the "proposed rule amendment."

EXPLANATION OF AND JUSTIFICATION FOR THE RULE

The Board, under its general rule-making authority in Section 1301.251(2) of Texas Occupations Code and part of its four-year rule review of the existing rules at 22 Texas Administrative Code (TAC) Chapter 361, initiated a rule simplification initiative to make the rules easier to understand and enforce by eliminating unnecessary language, adding clarifying language, and restructuring regulations to reduce regulatory barriers and make the rules more efficient.

During that rule review, the Board recognized that technology with the capability to visually stream or project the job site in real-time such as Facetime, Zoom, etc. may be successfully utilized to perform on-the-job oversight and direct supervision of apprentices and licensees in the field. It is believed that given the pandemic and related, necessary social-distancing practices, virtual supervision was utilized in the plumbing industry since 2020 as a matter of necessity.

The proposed rule amendment creates the option for a Responsible Master Plumber (RMP) to choose to use virtual, visual, real-time supervision in certain conditions to directly supervise work done under their authority and responsibility. Section 361.1(18) defines Direct Supervision. On-the-job oversight and supervision is amended to show that direct supervision may include virtual visual, real-time communication for registrants and licensees with 2000 hours of work documented by a RMP on non-commercial jobs, not involving gas appliances.

The proposed rule amendment does not create any affirmative duty on or regulation of registrants or licensees. The proposed rule amendment does not alleviate the responsibility of the RMP from adequate supervision or from ensuring that work is performed to the standards of the applicable code. It is in the RMP's discretion to utilize optional technology as they deem it appropriate given their job sites, staff, technological capacities. Should inspection or investigation be done on the job site, any present licensee or registrant must demonstrate that real-time, visual communication is successful and effective.

SECTION BY SECTION SUMMARY

Section 361.1(18) Direct Supervision. On-the-job oversight and supervision is amended to show that direct supervision may include virtual visual, real-time communication for registrants and licensees that hold at least 2000 hours of experience documented by a Responsible Master Plumber (RMP). The virtually supervised registrant or licensee may perform non-commercial work not involving gas appliances.

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 proposed rule amendment 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 rule. The Executive Director has further determined that for the first five-year period the proposed rule amendment is 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 rule.

PUBLIC BENEFITS

The Executive Director has determined that for each of the first five years the proposed rule amendment is in effect, the public benefit anticipated as a result of enforcing or administering the proposed rule amendment will be to have fewer regulatory barriers.

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH THE RULE

The Executive Director has determined that for the first five years the proposed rule amendment is in effect, there are no substantial economic costs anticipated to persons required to comply with the proposed rule amendment.

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

Given that the proposed rule amendment does 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 proposed rule amendment is not subject to the requirements of Government Code §2001.0045.

GOVERNMENT GROWTH IMPACT STATEMENT

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

LOCAL EMPLOYMENT IMPACT STATEMENT

No local economies are substantially affected by the proposed rule amendment. 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 proposed rule amendment 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 proposed rule amendment. 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 proposed rule amendment. 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 proposed rule amendment may be submitted by mail to Patricia Latombe at 929 East 41st Street, Austin, Texas 78765, or by email to rule.comment@tsbpe.texas.gov with the subject line "Rule Amendment." All comments must be received within 30 days of publication of this proposal.

STATUTORY AUTHORITY

This proposal is made under the authority of §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 or rules are affected by the proposal.