TITLE 22. EXAMINING BOARDS

PART 6. TEXAS BOARD OF PROFESSIONAL ENGINEERS

CHAPTER 131. ORGANIZATION AND ADMINISTRATION

The Texas Board of Professional Engineers (Board) adopts amendments to §131.1, concerning Purpose and Duties; §131.3, concerning Headquarters of the Board; §131.7, concerning Organization of the Board; §131.81, concerning Definitions; and §131.85, concerning Board Rules Procedures, without changes to the proposed text as published in the September 16, 2016, issue of the Texas Register (41 TexReg 7239). The text of the rules will not be republished.

The adopted rule changes are clean-up changes to make some minor corrections and updates. These changes clarify, correct or simplify existing rules to make them more consistent with the current statute and procedures and update the Board's physical address.

The Board received no comments for or against the proposed rule changes. No changes were made to the rules as proposed.

SUBCHAPTER A. ORGANIZATION OF THE BOARD

22 TAC §§131.1, 131.3, 131.7

The amendments are adopted pursuant to Texas Occupations Code §1001.202, which authorizes the Board to make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practice of engineering in this state.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 21, 2016.

TRD-201606021

Lance Kinney, P.E.

Executive Director

Texas Board of Professional Engineers

Effective date: December 11, 2016

Proposal publication date: September 16, 2016

For further information, please call: (512) 440-7723


SUBCHAPTER F. ADMINISTRATION

22 TAC §131.81, §131.85

The amendments are adopted pursuant to Texas Occupations Code §1001.202, which authorizes the Board to make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practice of engineering in this state.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 21, 2016.

TRD-201606022

Lance Kinney, P.E.

Executive Director

Texas Board of Professional Engineers

Effective date: December 11, 2016

Proposal publication date: September 16, 2016

For further information, please call: (512) 440-7723


CHAPTER 133. LICENSING

The Texas Board of Professional Engineers (Board) adopts amendments to §133.35, concerning Proof of Educational Qualifications--Accredited/Approved Programs and §133.67, concerning Examination on the Principles and Practice of Engineering, without changes to the proposed text as published in the September 16, 2016, issue of the Texas Register (41 TexReg 7241). The text of the rules will not be republished.

The adopted rule change to §133.35 extended the acceptance of transcripts from the National Council of Examiners for Engineering and Surveying (NCEES) and board approved commercial evaluation services provided the transcripts were forwarded directly from the registrar of the institution from which the applicant graduated.

The adopted rule change to §133.67 clarified the time frame when an applicant may re-apply for approval to register for the principles and practice of engineering (PE) exam after exhausting the approved exam attempts or having the approval period expire.

The Board received no comments for or against the proposed rule changes. No changes were made to the rules as proposed.

SUBCHAPTER D. EDUCATION

22 TAC §133.35

The amendment is adopted pursuant to Texas Occupations Code §1001.202, which authorizes the Board to make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practice of engineering in this state.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 21, 2016.

TRD-201606023

Lance Kinney, P.E.

Executive Director

Texas Board of Professional Engineers

Effective date: December 11, 2016

Proposal publication date: September 16, 2016

For further information, please call: (512) 440-7723


SUBCHAPTER G. EXAMINATIONS

22 TAC §133.67

The amendment is adopted pursuant to Texas Occupations Code §1001.202, which authorizes the Board to make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practice of engineering in this state.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 21, 2016.

TRD-201606024

Lance Kinney, P.E.

Executive Director

Texas Board of Professional Engineers

Effective date: December 11, 2016

Proposal publication date: September 16, 2016

For further information, please call: (512) 440-7723


CHAPTER 137. COMPLIANCE AND PROFESSIONALISM

The Texas Board of Professional Engineers (Board) adopts amendments to §137.5, concerning License Holder Notification Requirements; §137.17, concerning Continuing Education Program; §137.31, concerning Seal Specifications; §137.33, concerning Sealing Procedures; §137.37, concerning Sealing Misconduct; and §137.63, concerning Engineers' Responsibility to the Profession, without changes to the proposed text as published in the September 16, 2016, issue of the Texas Register (41 TexReg 7242). The text of the rules will not be republished.

The adopted rule changes are clean up changes to make some minor corrections and updates. These changes clarify, correct or simplify existing rules to make them more consistent with the current statute and procedures.

The Board received no comments for or against the proposed rule changes. No changes were made to the rules as proposed.

SUBCHAPTER A. INDIVIDUAL AND ENGINEER COMPLIANCE

22 TAC §137.5, §137.17

The amendments are adopted pursuant to Texas Occupations Code §1001.202, which authorizes the Board to make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practice of engineering in this state.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 21, 2016.

TRD-201606025

Lance Kinney, P.E.

Executive Director

Texas Board of Professional Engineers

Effective date: December 11, 2016

Proposal publication date: September 16, 2016

For further information, please call: (512) 440-7723


SUBCHAPTER B. SEALING REQUIREMENTS

22 TAC §§137.31, 137.33, 137.37

The amendments are adopted pursuant to Texas Occupations Code §1001.202, which authorizes the Board to make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practice of engineering in this state.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 21, 2016.

TRD-201606026

Lance Kinney, P.E.

Executive Director

Texas Board of Professional Engineers

Effective date: December 11, 2016

Proposal publication date: September 16, 2016

For further information, please call: (512) 440-7723


SUBCHAPTER C. PROFESSIONAL CONDUCT AND ETHICS

22 TAC §137.63

The amendment is adopted pursuant to Texas Occupations Code §1001.202, which authorizes the Board to make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practice of engineering in this state.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 21, 2016.

TRD-201606027

Lance Kinney, P.E.

Executive Director

Texas Board of Professional Engineers

Effective date: December 11, 2016

Proposal publication date: September 16, 2016

For further information, please call: (512) 440-7723


CHAPTER 139. ENFORCEMENT

The Texas Board of Professional Engineers (Board) adopts amendments to §139.13, concerning Filing a Complaint; §139.15, concerning Processing a Complaint; §139.17, concerning Investigating a Complaint; §139.19, concerning Final Resolution of Complaint; §139.31, concerning Enforcement Actions for Violations of the Act; §139.35, concerning Sanctions and Penalties; and §139.47, concerning Probation, without changes to the proposed text as published in the September 16, 2016, issue of the Texas Register (41 TexReg 7244). The text of the rules will not be republished.

The adopted rule changes are clean up changes to make some minor corrections and updates. These changes clarify, correct or simplify existing rules to make them more consistent with the current statute and procedures.

The Board received no comments for or against the adopted rule changes. No changes were made to the rules as proposed.

SUBCHAPTER B. COMPLAINT PROCESS AND PROCEDURES

22 TAC §§139.13, 139.15, 139.17, 139.19

The amendments are adopted pursuant to Texas Occupations Code §1001.202, which authorizes the Board to make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practice of engineering in this state.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 21, 2016.

TRD-201606028

Lance Kinney, P.E.

Executive Director

Texas Board of Professional Engineers

Effective date: December 11, 2016

Proposal publication date: September 16, 2016

For further information, please call: (512) 440-7723


SUBCHAPTER C. ENFORCEMENT PROCEEDINGS

22 TAC §139.31, §139.35

The amendments are adopted pursuant to Texas Occupations Code §1001.202, which authorizes the Board to make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practice of engineering in this state.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 21, 2016.

TRD-201606029

Lance Kinney, P.E.

Executive Director

Texas Board of Professional Engineers

Effective date: December 11, 2016

Proposal publication date: September 16, 2016

For further information, please call: (512) 440-7723


SUBCHAPTER D. SPECIAL DISCIPLINARY PROVISIONS FOR LICENSE HOLDERS

22 TAC §139.47

The amendment is adopted pursuant to Texas Occupations Code §1001.202, which authorizes the Board to make and enforce all rules and regulations and bylaws consistent with the Act as necessary for the performance of its duties, the governance of its own proceedings, and the regulation of the practice of engineering in this state.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 21, 2016.

TRD-201606030

Lance Kinney, P.E.

Executive Director

Texas Board of Professional Engineers

Effective date: December 11, 2016

Proposal publication date: September 16, 2016

For further information, please call: (512) 440-7723


PART 8. TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD

CHAPTER 153. RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT

22 TAC §153.15

The Texas Appraiser Licensing and Certification Board (TALCB or Board) adopts amendments to §153.15, Experience Required for Licensing, without changes as published in the September 9, 2016, issue of the Texas Register (41 TexReg 6910). The amendments clarify the criteria required for awarding experience credit for applicants and license holders based on a revised interpretation of the Appraisal Subcommittee (ASC). The amendments also remove redundant language and reorganize this section to improve readability.

The reasoned justification for the amendments is to implement revisions recognized by the Board’s federal oversight agency and provide clarity for license holders.

No comments were received on the amendments as proposed.

The amendments are adopted under Texas Occupations Code §§1103.151 - 1103.152, which authorize TALCB to: adopt rules relating to certificates and licenses and prescribe qualifications for appraisers that are consistent with the qualifications established by the Appraiser Qualifications Board.

The statute affected by these amendments is Texas Occupations Code, Chapter 1103. No other statute, code or article is affected by the amendments.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 21, 2016.

TRD-201606031

Kristen Worman

General Counsel

Texas Appraiser Licensing and Certification Board

Effective date: December 11, 2016

Proposal publication date: September 9, 2016

For further information, please call: (512) 936-3652


CHAPTER 159. RULES RELATING TO THE PROVISIONS OF THE TEXAS APPRAISAL MANAGEMENT COMPANY REGISTRATION AND REGULATION ACT

22 TAC §159.52

The Texas Appraiser Licensing and Certification Board (TALCB or Board) adopts amendments to §159.52, Fees, without changes to the proposed text as published in the September 9, 2016, issue of the Texas Register (41 TexReg 6912). The amendments reduce the renewal fee for appraisal management companies (AMCs) by $300 per two-year license renewal period and reduce the fee to add or remove an appraiser from an AMC panel from $10 to $5.

The reasoned justification for the amendments is to implement the fee reduction adopted by the Board as part of its budget for fiscal year 2017.

One comment was received on the amendments as proposed. The commenter is an AMC trade association. The commenter supports the AMC fee reductions as proposed.

The AMC Advisory Committee considered the comments at its meeting on October 25, 2016, and recommends adopting the amendments as proposed without changes.

The amendments are adopted under Texas Occupations Code, §1104.051, which authorizes the TALCB to adopt rules necessary to administer the provisions of Chapter 1104, Texas Occupations Code.

The statute affected by these amendments is Texas Occupations Code, Chapter 1104. No other statute, code or article is affected by the proposed amendments.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 21, 2016.

TRD-201606033

Kristen Worman

General Counsel

Texas Appraiser Licensing and Certification Board

Effective date: January 1, 2017

Proposal publication date: September 9, 2016

For further information, please call: (512) 936-3652


22 TAC §159.161

The Texas Appraiser Licensing and Certification Board (TALCB or Board) adopts amendments to §159.161, Appraiser Panel, without changes to the proposed text as published in the September 9, 2016, issue of the Texas Register (41 TexReg 6913). As recommended by the Appraisal Management Company (AMC) Advisory Committee, the amendments allow the Board to remove an appraiser from an AMC's panel without any charge to the AMC if the Board suspends or revokes the appraiser's license. The amendments also clarify when an appraiser will be removed from an AMCs panel after the appraiser's license expires.

The reasoned justification for the amendments is to provide clarity for license holders and align the rule with current Board practices.

One comment was received on the amendments as proposed. The commenter is an AMC trade association. The commenter supports the amendments as proposed.

The AMC Advisory Committee considered the comments at its meeting on October 25, 2016, and recommends adopting the amendments as proposed without changes.

The amendments are adopted under Texas Occupations Code, §1104.051, which authorizes the TALCB to adopt rules necessary to administer the provisions of Chapter 1104, Texas Occupations Code.

The statute affected by these amendments is Texas Occupations Code, Chapter 1104. No other statute, code or article is affected by the proposed amendments.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 21, 2016.

TRD-201606034

Kristen Worman

General Counsel

Texas Appraiser Licensing and Certification Board

Effective date: January 1, 2017

Proposal publication date: September 9, 2016

For further information, please call: (512) 936-3652


22 TAC §159.201

The Texas Appraiser Licensing and Certification Board (TALCB or Board) adopts amendments to §159.201, Guidelines for Revocation, Suspension, or Denial of a License, without changes to the proposed text as published in the September 9, 2016, issue of the Texas Register (41 TexReg 6914).

The amendments are adopted to allow an appraisal management company (AMC) to conduct additional criminal history checks for appraisers beyond those required by the Board, so long as an AMC does not require an appraiser to pay for or reimburse the AMC for the additional criminal history checks.

The reasoned justification for the amendments is to allow AMCs to continue the business practice of conducting additional criminal background checks required in AMC contracts with lender contracts without passing the costs for these additional checks along to individual appraisers.

One comment was received on the amendments as proposed. The commenter is an AMC trade association. The commenter opposes the amendments as proposed because the amendments interfere with the contractual relationship between an AMC and its lender clients.

The AMC Advisory Committee considered the comments at its meeting on October 25, 2016, and recommends the Board adopt the amendments as proposed without changes.

After considering all of the comments received, the Board adopts the amendments as recommended by the AMC Advisory Committee.

The amendments are adopted under Texas Occupations Code, §1104.051, which authorizes the TALCB to adopt rules necessary to administer the provisions of Chapter 1104, Texas Occupations Code.

The statute affected by these amendments is Texas Occupations Code, Chapter 1104. No other statute, code or article is affected by the amendments.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 21, 2016.

TRD-201606035

Kristen Worman

General Counsel

Texas Appraiser Licensing and Certification Board

Effective date: December 11, 2016

Proposal publication date: September 9, 2016

For further information, please call: (512) 936-3652


PART 16. TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS

CHAPTER 329. LICENSING PROCEDURE

22 TAC §329.2

The Texas Board of Physical Therapy Examiners adopts amendments to §329.2, Licensure by Examination, relating to (b) Re-examination and (d) Exam Accommodations, without changes to the proposed text as published in the September 9, 2016, issue of the Texas Register (41 TexReg 6916).

The amendments are adopted to allow for the implementation of the Alternate Approval Process through the Federation of State Boards of Physical Therapy (Federation) for candidate eligibility for the National Physical Therapy Examination (exam). The procedures for applying for re-examination if a candidate fails the exam and for applying for accommodations for taking the exam will be included in the Federation's requirements for eligibility and will be processed by the Federation.

No comments were received regarding the proposed changes.

The amendments are adopted under the Physical Therapy Practice Act, Title 3, Subtitle H, Chapter 453, Occupations Code, which provides the Texas Board of Physical Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 21, 2016.

TRD-201606020

John P. Maline

Executive Director

Texas Board of Physical Therapy Examiners

Effective date: January 1, 2017

Proposal publication date: September 9, 2016

For further information, please call: (512) 305-6900