TITLE 22. EXAMINING BOARDS

PART 17. TEXAS STATE BOARD OF PLUMBING EXAMINERS

CHAPTER 361. ADMINISTRATION

SUBCHAPTER A. GENERAL PROVISIONS

22 TAC §§361.1 - 361.3, 361.5, 361.7, 361.8, 361.10, 361.12 - 361.14

The Texas State Board of Plumbing Examiners (Board) adopts amendments to 22 Tex. Admin. Code §§361.1 - 361.3, 361.5, 361.7, 361.8, 361.10, and 361.12 - 361.14. The amendments are adopted without changes to the proposed text as published in the February 3, 2017, issue of the Texas Register (42 TexReg 359) and will not be republished.

The amendments to §361.1, concerning Definitions, update selected definitions to reflect current staff structure and Board policy, eliminate redundancies with existing statutes and rules, ensure consistency across all Board rules, correct punctuation, and improve clarity. The definition of "Act" is deleted and replaced with a new definition for "Plumbing License Law or PLL." The definition of "Administrative Act" is changed to "APA." The definition of "Administrator" is deleted and replaced with a new definition for "Executive Director." The definitions of "Adopted Plumbing Code," "Field Representative," "Maintenance Man or Maintenance Engineer," "Person," "Plumbing Company," and "Responsible Master Plumber" are streamlined. The definition of "Chief Field Representative" is deleted and replaced with a new definition for "Director of Enforcement." The definitions of "Contested Case" and "Party" are amended to more closely mirror the definitions of these terms found in the Administrative Procedure Act. The definitions of "Control Valve," "Drain Cleaner," "Drain Cleaner-Restricted Registrant," "Plumber's Apprentice," and "Residential Utilities Installer," are deleted, and a new subsection (b) is added to clarify that any term not defined in Chapter 361 has the definition provided by the Plumbing License Law. The definition of "Endorsement" is amended to include a Drain Cleaner Registration, a Drain Cleaner-Restricted Registration, and a Residential Utilities Installer Registration. The definitions of "Medical Gas Piping Endorsement" and "Multipurpose Residential Fire Protection Sprinkler Specialist Endorsement" are updated to be consistent with the proposed changes to the definition of "Endorsement." The definition of "Petitioner" is streamlined and updated to reflect the proposed changes to §361.14. New language is added to the definition of "Plumbing" to clarify that cleaning a drain or sewer line using a cable or pressurized fluid constitutes plumbing. The definition of "Pocket Card" is amended to conform with the proposed changes to the definition of "Endorsement." The definitions of "Regularly Employed" and "Work as a Master Plumber" are deleted. A new definition for "Registration" is added. The definitions of "Supervision" and "Tradesman Plumber-Limited Licensee" are updated.

The amendments to §361.2, concerning Purpose, conform with the proposed changes to the definitions of "Act" and "Administrative Act," and clarify the existing rule.

The amendments to §361.3, concerning Scope, conform with the proposed changes to the definition of "Act" and clarify the existing rule.

The amendments to §361.5, concerning Administration, conform with the proposed changes to the definitions of "Administrator" and "Executive Director."

The amendments to §361.7, concerning Employee Training and Education, conform with the proposed changes to the definitions of "Administrator" and "Executive Director" and add new subsection (f), which provides that the Executive Director is eligible to receive agency-supported training and education subject to the approval of the Board's Chair.

The amendments to §361.8, concerning Forms and Materials, add the Responsible Master Plumber Application and Military Service Member, Veteran, or Military Spouse Supplemental Information Form to the list of forms encompassed by the rule and add the word "and" to make the rule grammatically correct.

The amendments to §361.10, concerning the Historically Underutilized Business (HUB) Program, replace "Texas General Services Commission" with "Texas Facilities Commission" to reflect the change in the agency's name and reformat the reference to 1 Texas Administrative Code §§111.20 - 111.33.

The amendments to §361.12, concerning Advisory Committees, reformat the references to the Plumbing License Law and Texas Government Code.

The amendments to §361.13, concerning Board Committees and Enforcement Committee, conform with the proposed changes to the definition of "Administrative Act" and the proposed renumbering of 22 Tex. Admin. Code Chapter 363. New language is added to specify that the Enforcement Committee may designate an employee of the Board to investigate complaints, review complaint investigations to determine whether a violation of the Plumbing License Law or Board Rules has occurred, and recommend the imposition of administrative penalties and issue notices of alleged violations.

The amendments to §361.14, concerning Petition for Adoption of Rules, add language to clarify that a person may petition for the repeal or amendment of an existing rule in addition to the adoption of a new rule. Additions are also made to specify how the information that must be included in the petition will vary depending on whether a new rule, amendment, or repeal is requested. New subsection (b) is added to require the Board to deny the petition or initiate a rulemaking proceeding within 60 days of receipt of a petition.

No comments were received regarding the adoption of these amendments.

The amendments are adopted under section 1301.251 of the Texas Occupations Code, which requires the Board to adopt and enforce rules necessary to administer and enforce the chapter and section 2001.039 of the Government Code, which requires a state agency to review its rules every four years. No other statute, article, or code is affected by this adoption.

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 July 11, 2017.

TRD-201702606

Lisa G. Hill

Executive Director

Texas State Board of Plumbing Examiners

Effective date: September 1, 2017

Proposal publication date: February 3, 2017

For further information, please call: (512) 936-5239


22 TAC §361.6

The Texas State Board of Plumbing Examiners (Board) adopts amendments to 22 TAC §361.6. The amendments are adopted without changes to the proposed text as published in the June 9, 2017, issue of the Texas Register (42 TexReg 2991) and will not be republished.

The amendments to §361.6, concerning Fees, effect the following increases: Course Instructor Certification Training from $100 to $150 and duplicate license or registration from $10 to $25. The reference to a "duplicate license or registration" in subsection (b)(4)(C) is changed to "duplicate pocket card" to more accurately reflect current Board practices. A new provision is added to subsection (b)(4) to specify that the fee for a provisional Plumber's Apprentice Registration issued under §53.0211(c) of the Texas Occupations Code is equal to the fee for an initial registration. A new $15 fee for a license verification is also added to subsection (b)(4). Additional, non-substantive changes are made to improve the uniformity of the existing rule and conform to the proposed renumbering of 22 Texas Admin. Code Chapter 363.

No comments were received regarding the proposed amendments.

The amendments are adopted under §1301.253 of the Texas Occupations Code, which requires the Board to set fees in amounts that are reasonable and necessary to cover the cost of administering the Plumbing License Law and §2001.039 of the Government Code, which requires a state agency to review its rules every four years. No other statute, article, or code is affected by this adoption.

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 July 11, 2017.

TRD-201702607

Lisa G. Hill

Executive Director

Texas State Board of Plumbing Examiners

Effective date: September 1, 2017

Proposal publication date: June 9, 2017

For further information, please call: (512) 936-5239


CHAPTER 363. EXAMINATION AND REGISTRATION

22 TAC §§363.1 - 363.14

The Texas State Board of Plumbing Examiners (Board) adopts the repeal of 22 TAC Chapter 363, §§363.1 - 363.14, concerning Examination and Registration without changes to the proposed text as published in the February 3, 2017, issue of the Texas Register (42 TexReg 368) and will not be republished. The Board adopts this repeal concurrently with the adoption of the new Chapter 363.

No comments were received regarding the proposed repeal of Chapter 363.

Chapter 363, §§363.1 - 363.14, is repealed under §1301.251 of the Texas Occupations Code, which requires the Board to adopt and enforce rules necessary to administer Chapter 1301 (Plumbing License Law), and §2001.039 of the Government Code, which requires a state agency to review its rules every four years. No other statute, article, or code is affected by this adoption.

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 July 11, 2017.

TRD-201702608

Lisa G. Hill

Executive Director

Texas State Board of Plumbing Examiners

Effective date: September 1, 2017

Proposal publication date: February 3, 2017

For further information, please call: (512) 936-5239


22 TAC §§363.1 - 363.27

The Texas State Board of Plumbing Examiners (Board) adopts new 22 TAC Chapter 363, §§363.1 - 363.27, concerning Examination and Registration without changes to the proposed text as published in the May 19, 2017, issue of the Texas Register (42 TexReg 2646) and will not be republished. The Board adopts this new chapter concurrently with the adoption of the repeal of the existing Chapter 363.

New §363.1, concerning Definitions, creates new definitions for "Application" and "Directly Related to Plumbing."

The existing §363.1, concerning Qualifications, is replaced with thirteen separate rules.

New §363.2, concerning General Qualifications, includes the provisions from subsection (a) of the existing §363.1 as well as new language that explains exactly which endorsements each type of license or registration may contain. The existing §363.1(b) is rewritten and reorganized to better reflect the Board's current procedures regarding the submission of an Employer Certification Form (ECF) and new language requiring an employer to automatically provide a completed ECF to a Plumber's Apprentice or Tradesman-Limited Licensee upon separation of employment or the end of a contract is added. Provisions from subsections (c)(3), (d)(1)(B), (e)(1)(A), (f)(1), (j)(1), (k)(1), (l)(1), and (m)(1) of the existing §363.1 that prescribe the work status qualifications an applicant must satisfy for each license and registration are also added to new §363.2 and deleted throughout the rest of the chapter.

New §363.3, concerning Qualifications for Applicants with Military Experience, includes the provisions from subsection (n) of the existing §363.1 as well new language to clarify that the Board will credit verified military service, training, or education toward the apprenticeship requirements for a license despite the provisions of the Plumbing License Law and Board Rules that prohibit an individual from receiving credit for work experience in the trade unless the individual is a registered Plumber's Apprentice or Tradesman Plumber-Limited Licensee. New language to allow the Board to consider an applicant's discharge status from the military when evaluating the competency of a military service member or military veteran for a particular license or registration is also added. Language from the existing §363.1 requiring the Board to expedite the issuance of a license by endorsement or reciprocity to a military service member or military veteran is deleted because the Board does not issue licenses in this manner.

New §363.4, concerning Master Plumber License, reorganizes and rewords the provisions contained in subsection (c) of the existing §363.1 to improve clarity.

New §363.5, concerning Journeyman Plumber License, consolidates all of the provisions related to the eligibility requirements for a Journeyman Plumber License into a single rule. Specifically, new §363.5 reorganizes and rewords the provisions contained in subsection (d) of the existing §363.1 to improve clarity and adds new language to exempt applicants for a Journeyman examination who have completed the classroom portion of a training program provided by a person approved by the Board and based on course materials approved by the Board, or hold a current Journeyman Plumber License issued in another state, from the required 48 hours of classroom training. New §363.5 also incorporates the provisions from subsections (b)(2), (c), (d), and (e) of the existing §363.12 that describe the training an applicant must complete to be eligible to take the Journeyman Plumber examination. The reference to "Construction Mandatory Topics Review" in subsection (c) of the existing §363.12 is changed to "Construction Industry Practices" to reflect the current name of the 10-Hour Outreach Training Program offered by the Occupational Safety and Health Administration.

New §363.6, concerning Tradesman Plumber-Limited License, consolidates all of the provisions related to the eligibility requirements for a Tradesman Plumber-Limited License into a single rule. Specifically, new §363.6 reorganizes and rewords the provisions contained in subsection (e) of the existing §363.1 to improve clarity and adds new language to exempt applicants for a Tradesman Plumber-Limited examination who have completed the classroom portion of a training program provided by a person approved by the Board and based on course materials approved by the Board, or hold a current Master or Journeyman Plumber License issued in another state, from the required 24 hours of classroom training. New language is also added to describe the training an applicant must complete to be eligible to take the Tradesman Plumber-Limited examination.

New §363.7, concerning Plumber's Apprentice Registration, includes the provisions from subsection (m) of the existing §363.1.

New §363.8, concerning Plumbing Inspector License, reorganizes and rewords the provisions contained in subsection (f) of the existing §363.1 to improve clarity.

New §363.9, concerning Medical Gas Piping Installation Endorsement, consolidates all of the provisions related to the eligibility requirements for the Medical Gas Piping Installation Endorsement into a single rule. Specifically, it includes the provisions contained in subsection (g) of the existing §363.1 and also incorporates the provisions from subsection (b) of the existing §363.11 that describe the training an applicant must complete to be eligible to take the Medical Gas Piping Installation Endorsement examination.

New §363.10, concerning Multipurpose Residential Fire Protection Sprinkler Specialist Endorsement, consolidates all of the provisions related to the eligibility requirements for the Multipurpose Residential Fire Protection Sprinkler Specialist Endorsement into a single rule. Specifically, it includes the provisions contained in subsection (h) of the existing §363.1 and also incorporates the provisions from subsection (d) of the existing §363.11 that describe the training an applicant must complete to be eligible to take the Multipurpose Residential Fire Protection Sprinkler Specialist Endorsement examination.

New §363.11, concerning Water Supply Protection Specialist Endorsement, consolidates all of the provisions related to the eligibility requirements for the Water Supply Protection Specialist Endorsement into a single rule. Specifically, it includes the provisions contained in subsection (i) of the existing §363.1 and also incorporates the provisions from subsection (c) of the existing §363.11 that describe the training an applicant must complete to be eligible to take the Water Supply Protection Specialist Endorsement examination.

New §363.12, concerning Residential Utilities Installer Registration, includes the provisions from subsection (j) of the existing §363.1.

New §363.13, concerning Drain Cleaner Registration, includes the provisions from subsection (k) of the existing §363.1.

New §363.14, concerning Drain Cleaner-Restricted Registration, includes the provisions from subsection (l) of the existing §363.1.

New §363.15, concerning Consequences to an Applicant With Criminal Convictions, rewords and restructures the provisions from the existing §363.2 to improve clarity and changes the title to correct omissions. Subsections (a), (f), (g), and (i) of the existing §363.2 are deleted to eliminate redundancies with Chapter 53 of the Texas Occupations Code and other subsections of this rule. New language is added to specify that an applicant with one or more felony convictions is automatically required to submit a Supplemental Criminal History Form (SCHIF) along with his or application and an applicant with misdemeanor convictions is required to submit a SCHIF only if requested by the Enforcement Committee.

New §363.16, concerning Examination Schedule, rewords and restructures the provisions from the existing §363.3 to improve clarity and adds new subsections (b) and (c) to specify the order in which exam applications will be processed and require the Board to provide an applicant with a written notice of the date, time, and place of examination.

New §363.17, concerning Reporting for Examination, rewords and restructures the provisions from the existing §363.4 to improve clarity.

New §363.18, concerning Description of Examination, rewords and restructures the provisions from the existing §363.5 to improve clarity and adds new language requiring the Board to make information about the scope of each examination available on its website to reflect existing Board policy and procedures.

New §363.19, concerning Non-Standard Examination Accommodations, rewords and restructures the provisions from the existing §363.6 to improve clarity.

New §363.20, concerning Test Score Requirements, is identical to the existing §363.7.

New §363.21, concerning Notification, is identical to the existing §363.8.

New §363.22, concerning Reexamination, rewords and restructures the provisions from the existing §363.9 to improve clarity.

New §363.23, concerning Disqualification, rewords and restructures the provisions from the existing §363.10 to improve clarity and changes the word "may" to "shall" to require, rather than permit, the Board to deny an applicant who furnishes false information on an application or uses fraudulent means of establishing his or her qualifications the right to receive a registration or the opportunity to take an examination.

New §363.24, concerning Providers and Instructors of Endorsement Training Programs, changes the title of the existing §363.11 and replaces subsection (a) with new subsections (a) through (h), which reword the existing provisions and add new language. Specifically, new subsection (a) prescribes that only a Course Provider or Instructor who is approved to provide or instruct Continuing Professional Education under §365.16 or §365.17 may provide or instruct a training program for an endorsement issued by the Board; new subsection (b) clarifies that only a Board-approved Course Instructor who holds a Master or Journeyman Plumber License with a Medical Gas Piping Installation Endorsement may instruct the training program for the medical gas endorsement; new subsection (c) clarifies that only a Board-approved Course Instructor who holds a Master, Journeyman, or Plumbing Inspector License with a Water Supply Protection Specialist Endorsement or a Multipurpose Residential Fire Protection Specialist Endorsement may teach the training program that corresponds to the endorsement they hold; new subsection (d) prohibits a Course Provider or Instructor whose approval to provide or instruct Continuing Professional Education is revoked or suspended from providing or instructing a training program for an endorsement; new subsection (f) requires a Course Provider to keep an electronic copy or record of each certificate of completion issued under this section; new subsection (g) requires a Course Provider to submit a course outline for an endorsement training program to the Board for approval; and new subsection (i) allows the Board to require a Course Provider to resubmit a previously-approved course outline for an endorsement training program at any time. As explained above, subsections (b), (c), and (d) of the existing §363.11 are deleted and moved to new §363.9, §363.11, and §363.10 respectively.

New §363.25, concerning Providers and Instructors of Training Programs for Journeyman Plumber and Tradesman Plumber-Limited License Applicants, changes the title and rewords and restructures subsections (f) through (j) of the existing §363.12. New language is added to require the presence of an approved Course Instructor if a Course Provider utilizes a person who is authorized by OSHA, but not Board-approved, to instruct the OSHA 10-Hour Outreach Training Program and to require a Course Provider to keep an electronic copy or record of each certificate of completion issued under this section. As explained above, subsections (b)(2), (c), (d), and (e) of the existing §363.12 are deleted and moved to new §363.5 and subsection (b)(1) is deleted and moved to new §363.6. As a result of this reorganization, subsection (a) of the existing §363.12 is deleted as redundant.

New §363.26, concerning Training Program for Responsible Master Plumber Applicants, rewords and restructures the provisions from the existing §363.13 to improve clarity and adds new language to require that an approved Course Instructor, governmental entity, educational entity, or individual utilized by a Course Provider to instruct a portion of the Responsible Master Plumber training program have expertise in the subject it will teach. New language is also added to require the presence of an approved Course Instructor if the Course Provider utilizes a governmental entity, educational entity, or individual who is not an approved Course Instructor to provide instruction and to require a Course Provider to keep an electronic copy or record of each certificate of completion issued under this section.

New §363.27, concerning Criminal Conviction Guidelines, deletes subsection (a) from the existing §363.14 because it is redundant and reorganizes and rewords the remaining provisions to improve clarity. The word "felony" is deleted from subsections (c)(15) - (17) and (c)(22) of the existing §363.14 to align the rule with §53.021(a) Of the Texas Occupations Code, which allows a licensing agency to consider both felony and misdemeanor convictions when reviewing an application for a license, exam, renewal, etc. A new subsection (e) is also added to require that applicants with convictions that place them in more than one level of risk are classified using the highest applicable level.

In addition to the specific changes noted above, non-substantive changes to punctuation, capitalization, and grammar appear throughout the new Chapter 363 to ensure uniformity across all Board Rules.

Two comments were received regarding the proposed new Chapter 363.

Comment: The Board should strike "so long as an approved Course Instructor is also present" from §363.25(b) of the new Chapter 363. Requiring the presence of a Board-approved Course Instructor when a Course Provider utilizes a person who is authorized by OSHA (but not Board-approved) to instruct the OSHA 10-Hour Outreach Training, which is part of the training program for Journeymen and Tradesman Plumber-Limited applicants, would have a dramatic negative effect on the commenter's training strategy. This change to what is currently allowed will limit the availability of these courses to Texas plumbers even though the commenter is not aware of any concerns with the quality of instruction being given by OSHA-authorized individuals. Course Providers are accountable for the instruction criteria and classroom standards adopted by the Board even if an individual who is not Board-approved is teaching this portion of the course. Furthermore, the belief that only plumbing experience should be considered relevant to training courses is not compelling since over 50% of the Board members are not plumbers precisely for the purpose of ensuring the infusion of fresh, relevant perspectives into the plumbing industry.

The same reasoning applies to requiring the presence of a Board-approved Course Instructor when a Course Provider utilizes a governmental entity, educational entity, or individual that is not Board-approved to teach a portion of the training program for Responsible Master Plumber applicants. Therefore, the Board should also strike "so long as an approved Course Instructor is also present" from §363.26(c)(1)(B) of the new Chapter 363.

Agency Response: At an open meeting of the Board's Rules Committee held on November 18, 2016, public comments revealed that the new provisions requiring the presence of a Board-approved Course Instructor did not adversely affect the majority of Course Providers because many Board-approved Course Instructors are also OSHA certified. In addition, the Board believes it is prudent to have an instructor who has completed the training required by the Board present to maintain control of the classroom.

Comment: The Board should require that an applicant for the Multipurpose Residential Fire Sprinkler Protection Specialist Endorsement hold a Professional Qualification certification to the ASSE/ANSI 7010 standard in order to be eligible to take the endorsement examination. The Board should also add "(ASSE/ANSI 7010 Standard)" to §363.10(b) of the new Chapter 363.

Agency Response: An applicant for the Multipurpose Residential Fire Sprinkler Protection Specialist Endorsement examination is already required to complete a Board-approved training program, which incorporates the training criteria included in the American Society of

Sanitary Engineering Series 7000. The Board does not wish to impose any additional costs on these applicants by requiring additional training. Moreover, there is nothing in the rules that would prohibit a licensee from obtaining a Professional Qualification certification to the ASSE/ANSI 7010 standard.

The new Chapter 363, §§363.1 - 363.27, is adopted under §1301.251 of the Texas Occupations Code, which requires the Board to adopt and enforce rules necessary to administer Chapter 1301 (Plumbing License Law), and §2001.039 of the Government Code, which requires a state agency to review its rules every four years. The new Chapter 363 is also adopted under Chapter 53 of the Occupations Code, which requires a licensing authority to issue guidelines relating to the practices of the licensing authority for determining whether a criminal conviction directly relates to an occupation and Chapter 55 of the Occupations Code, which requires a state agency that issues licenses to adopt rules regarding the licensure of military service member, military veterans, or military spouses. No other statute, article, or code is affected by this adoption. The adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

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 July 11, 2017.

TRD-201702609

Lisa G. Hill

Executive Director

Texas State Board of Plumbing Examiners

Effective date: September 1, 2017

Proposal publication date: May 19, 2017

For further information, please call: (512) 936-5239


CHAPTER 365. LICENSING AND REGISTRATION

22 TAC §§365.1, 365.2, 365.4 - 365.8, 365.10, 365.13 - 365.23

The Texas State Board of Plumbing Examiners (Board) adopts amendments to the rules set forth in 22 Texas Administrative Code §§365.1, 365.2, 365.4 - 365.8, 365.10, and 365.13. The amendments are adopted with changes to the proposed text of §365.1(j) as published in the April 28, 2017, issue of the Texas Register (42 TexReg 2313). The change is in response to comments received during the public comment period and only §365.1 is republished.

The Board also adopts new 22 Texas Administrative Code §§365.14 - 365.23. The new rules are adopted with changes to the proposed text of §§365.14(c)(1) - (2), 365.15(d)(2)(E), 365.19(c) - (e), 365.19(h)(1), 365.20(a)(3), 365.20(d)(1)(C), 365.21(a), 365.21(c), and 365.21(f) as published in the April 28, 2017, issue of the Texas Register (42 TexReg 2313). The changes are in response to comments received during the public comment period and only those sections where changes were made are republished. The Board adopts these new rules concurrently with the repeal of the existing §§365.14 - 365.17.

The amendments to §365.1, concerning License, Endorsement and Registration Categories; Description; Scope of Work Permitted, delete "Description" from the title of the rule. New language is added to more closely align the scope of work a Responsible Master Plumber may perform with statute. References throughout the rule to "contracts...secured by a Responsible Master Plumber" are changed to "contracts...secured by a Responsible Master Plumber or a person who has secured the services of a Responsible Master Plumber in accordance with §367.3(a)(2) of the Board Rules" to clarify that a Responsible Master Plumber does not have to personally secure every contract for plumbing work performed under his or her license. New provisions are added to clarify that a Plumbing Inspector cannot perform inspections of plumbing work that can only be performed by individuals who hold a specific endorsement unless the inspector also holds that endorsement. New language is also added to clarify that a Plumbing Inspector may perform a Customer Service Inspection without a Water Supply Protection Specialist Endorsement. The provision related to the Residential Utilities Installer Registration is amended to clarify that the scope of work authorized under this registration extends to installations of yard water service piping and building sewers only.

The amendments to §365.2, concerning Exemptions, make changes to word choice, grammar, and punctuation to improve clarity.

The amendments to §365.4, concerning Issuance, change the title of the rule to "Issuance of License, Registration or Endorsement" and reword subsections (a) and (b) to improve clarity. New language is added to subsection (b) to specify that a Plumbing Inspector's status will be shown as unaffiliated until written confirmation of the inspector's employment or contract is submitted by an authorized representative of a political subdivision.

The amendments to §365.5, concerning Renewals, change the title of the rule to "Renewal of License, Registration or Endorsement" and reword subsections (a) and (c)-(h) to improve clarity. The deadline for providing notice of the impending expiration of a license, registration or endorsement contained in subsection (a) is changed from thirty days to thirty-one days to conform with statute. Licensed Plumbing Inspectors are added to subsection (d), which is also updated to require successful completion of any required continuing professional education (CPE) course, in person or via correspondence, prior to renewal rather than the submission of proof of the successful completion of CPE. Language describing the instructional content of a medical gas CPE course is deleted from subsection (e) and moved to proposed §365.21, and language requiring completion of a medical gas CPE course in person is added. Subsection (f), which sets forth the circumstances under which a licensee or registrant may complete his or her CPE requirements via correspondence course, is deleted and replaced with an entirely new provision clarifying that a Plumbing Inspector who is unaffiliated, but has fulfilled all other renewal requirements, may renew his or her license but will not receive a pocket card until proof of affiliation is submitted by an authorized representative of a political subdivision. Subsection (g) is updated to conform with current statute, which gives a military service member an additional two years to complete any CPE requirements or other requirements for renewal of a license, registration or endorsement.

The amendments to §365.6, concerning Expirations, change the title of the rule to "Expiration of License, Registration or Endorsement" and add the word "endorsement" to subsection (a). Corrections are made to the description of the late renewal fee contained in subsections (b) and (c) to match the amounts set forth in statute and §361.6(4)(A) of the Board Rules. Subsection (d) is restructured and reworded to clarify what steps are necessary to reinstate a license, registration or endorsement that has been expired more than two years.

The amendments to §365.7, concerning, Duplicate License, change the title of the rule to "Duplicate Pocket Card" to more accurately reflect the procedures of the Board and replace all references to a "license or registration" with "pocket card." The rule is also broken down into subsections to improve clarity.

The amendments to §365.8, concerning Change of Name, Address, or Employment, replace the phrase "license or registration" with "pocket card" to more accurately reflect the procedures of the Board and make changes to improve clarity. The provision relating to a change of address is removed from subsection (a) and placed in a new subsection (d) to make it clear that a new pocket card is issued only after a name change and not a change of address.

The amendments to §365.10, concerning Application for License, Registration or Endorsement after Revocation, reword and restructure the existing rule to more accurately reflect the current procedures of the Board. A new subsection (b) is added to explain the application procedure to be used by an individual whose registration was previously revoked. A new subsection (c) is added to explain the application procedure to be used by an individual whose license or endorsement was previously revoked and make it clear that an individual must apply for a Plumber's Apprentice Registration and take all applicable examinations. A new subsection (d) updates the existing explanation of the review and approval process for applications submitted by individuals whose license, endorsement or registration has been revoked.

The amendments to §365.13, concerning Licensing of Guaranteed Student Loan Defaulters and Child Support Defaulters, change the title of the rule to "Licensing or Registration of Individuals in Default on a Guaranteed Student Loan or in Arrears on Child Support Payments." Subsections (a) and (b) are reworded to improve clarity, and the notice requirement regarding default status contained in subsection (c) is changed from thirty to thirty-one days to conform with the change in §365.5(a). Subsection (f) is broken into two parts and rewritten to more accurately reflect the requirements of Chapter 232 of the Texas Family Code.

New §§365.14-365.20 largely retain the requirements set forth in the existing §365.14, but restructures it to create a separate rule addressing each aspect of the provision of CPE programs. The term "Provider of Course Materials" is replaced with "Publisher of Course Materials" throughout, and references to the existing §365.14 are changed to conform to the section numbers of the proposed rules.

New §365.14, concerning Course Year for Continuing Professional Education Programs, more clearly states the start and end date for the CPE course year and adds new provisions and a graphic explaining how license expiration dates align with the course year. Subsections (a)(16) and (b)(18) of the existing §365.14 are included as well as new language setting a deadline for the submission of a written request to utilize course materials prior to July 1 for an industry-related program or conference and requiring that such a request include a statement from the publisher that the course materials will be available on the date they will be utilized.

New §365.15, concerning Course Materials for Continuing Professional Education Programs, restructures subsections (a)(1)-(3) and (5)-(9) of the existing §365.14 to improve clarity. New language is added to require that a draft of the course materials submitted for Board approval must contain a separate table of contents and a notice informing students of the provisions contained in proposed §365.20(d)-(f), which set forth standards of conduct for Course Instructors. Subsection (f) is added to allow the Board to post a copy of the table of contents for each set of approved course materials on its website.

New §365.16, concerning Board Approval of Course Providers for Continuing Professional Education Programs and Publishers of Course Materials, consolidates provisions from the existing §365.14 related to the process used to approve Course Providers and Publishers of Course Materials into a single rule to eliminate redundancies. Subsections (a)(12), (14)-(15), and (17) as well as (b)(15)-(17) and (19) from the existing §365.14 are included. New language is added to require the electronic submission of an application for approval as a provider or publisher and to require a publisher to submit an example of correspondence course materials that includes a sample set of 150 questions along with his or her application. New language is also added to require the Board to schedule a special meeting for the purpose of approving applications in the event that the January meeting is cancelled and to require that written notification of the refusal or denial of an application be provided to an applicant within seven business days. Language from the existing subsection (b)(15)(L) is deleted to conform with the deletion of the existing §365.5(f), which limits the categories of students eligible to take a correspondence course.

New §365.17, concerning Board Approval of Course Instructors for Continuing Professional Education Programs, includes subsection (b)(12) of the existing §365.14. New language is added to require a Course Provider to submit the list of Course Instructors it plans to utilize electronically and to include each instructor's contact information. New language is also added to clarify that credentials need only be submitted for instructors that were not utilized by the Course Provider during the previous CPE course year and to require the submission of a copy of the certificate of authorization as an OSHA Construction Trainer for any individual a provider plans to utilize to teach the 10-Hour Outreach Training described in §363.5(f)(2) of the Board Rules. Another new provision requires the submission of documentation confirming that an instructor who was not utilized during the previous course year has completed at least one forty-hour unit of the required 160-hour training program and enrolled in both a training program on the course materials and the Course Instructor Certification Workshop. Finally, new provisions are added to require the Board to schedule a special meeting for the purpose of approving Course Instructors in the event the April meeting is cancelled, and to require the submission of a Course Instructor list at least twenty business days before the date of the Board meeting at which the list will be considered.

New §365.18, concerning Publishers of Course Materials for Continuing Professional Education Programs, includes subsections (a)(4), (9)-(11), (13), and (18) of the existing §365.14. New language is added to require a publisher to have the technology necessary to receive orders via electronic mail; to specify that training in the use of the course materials must be conducted at least once during the period between Board approval of the course materials and the beginning of the CPE course year; and to allow the Board to revoke approval as a publisher for failure to comply with Chapter 1301 of the Texas Occupations Code and Board Rules.

New §365.19, concerning Course Providers of Continuing Professional Education Programs, includes subsections (b)(1)-(8), (10)-(12), (14), (15)(G)(i), (J) and (K), (20), and (21) of the existing §365.14. The new rule prohibits a Course Provider from offering a correspondence course during the first CPE course year the provider is approved by the Board and decreases the amount of time a provider has to notify the Board of a change in the employment status of a Course Instructor from 10 days to 5. New language is added to clarify time allotted for breaks may not be counted toward the six clock hours of required instruction. The number of military service members a Course Provider may allow an instructor to admit in excess of the forty-five student limit is capped at four to keep maximum class sizes below fifty students. A new provision prohibiting a Course Provider from allowing a third party to advertise or promote the sale of a good, product or service during the instructional hours of a CPE course is included, and expenditures by a third party that is allowed access to students before or after class or during breaks are limited to $10 per student. Another new provision is added to require a Course Provider that schedules two or more CPE courses on the same date and time to hold each course at a separate location or in separate spaces within the same location. The amount of time a provider has to notify the Board of a class cancellation is decreased from seventy-two to forty-eight hours, and new language is added to specify that a Course Provider must self-monitor each of its Course Instructors at least once per CPE course year. To assist the Board with its monitoring of Course Providers, a provision allowing the Board to post a student survey on its website is added. In addition, a provider that administers its own student surveys will be required to keep a copy of each completed survey for at least two years and provide copies to the Board if requested. Finally, new language is added to specify that a complaint against a Course Provider will be investigated in the same manner as a complaint against a licensee or registrant.

New §365.20, concerning Course Instructors of Continuing Professional Education Programs, includes subsection (c) from the existing §365.14. New language is added to clarify that a Course Instructor must hold a current Journeyman, Master Plumber, or Plumbing Inspector License and complete training in the course materials and may not advertise or promote the sale of goods, products or services in his or her capacity as a Course Instructor. Language allowing the Board to randomly monitor Course Instructors is added to reflect current Board procedures. New language to allow the Board to revoke approval as a Course Instructor for failure to comply with Chapter 1301 of the Texas Occupations Code and Board Rules is also added.

New §365.21, concerning Continuing Professional Education Programs for the Medical Gas Piping Installation Endorsement, is a completely new rule articulating the Board's policies related to medical gas CPE courses. It sets forth requirements for the minimum length of a medical gas CPE course, states who may provide or instruct this type of course, and prescribes the formats in which the course may be presented. The rule also describes the form and content of the course materials, sets a ceiling on the fee a student must pay to obtain them, prohibits a Course Provider or Instructor from offering any incentive intended to persuade a student not to retain the materials, and prevents a student from having to purchase multiple sets of the same course materials in the event the National Fire Protection Association 99 Health Care Facilities Code is not updated for an extended period of time.

New §365.22, concerning Licensing Procedures for Military Spouses, replaces the existing §365.15 and §365.16 and combines them into a single rule. Subsection (a) of the existing §365.15 is deleted as redundant because it simply repeats the definition of "military spouse" found in statute and §361.1 of the Board Rules. Subsection (b) of the existing §365.15 is divided into two separate subsections, and the provision related to a military spouse who previously held a Texas license is updated to more accurately reflect Chapter 55 of the Occupations Code and Board procedures. Subsection (c) of the existing §365.15 is deleted as unnecessary. New language is added to require a military spouse to submit proof to the Board that his or her spouse is serving on active duty and to allow the Executive Director to waive any prerequisite for obtaining a license or registration on a case-by-case basis. Subsections (b) and (c) of the existing §365.16 are deleted to eliminate redundancies with statute.

New §365.23, concerning Transfer of License, replaces the existing §365.17. The rule is restructured and reworded to improve clarity. A new provision requiring the submission of a notarized Transfer of License Affidavit signed by the transferor or a valid will executed by the transferor is added to better reflect existing Board procedures.

In addition to the specific changes noted above, changes to punctuation, capitalization, and grammar appear throughout the proposed amendments to ensure uniformity across all Board Rules.

The comments received in response to the proposed amendments and new rules are summarized below.

Comment: All references to "contact hour" should be changed to hour or clock-hour because contact hour has a well-established meaning of 50 minutes among members of the education community

Agency Response: All references to "contact hour" have been changed to "clock hour(s)."

Comment: The Board should not limit the scope of work permitted under a Residential Utilities Installer (RUI) Registration to new construction only. As a practical matter, there is very little difference between installing a new water or sewer line and repairing or replacing one, and this change would put repair companies at a disadvantage without any justification as to why limiting a RUI to work on new construction is safer or less risky. The Board made the decision many years ago that a RUI should be able to do more than just new installations, and it's unfair to change things in midstream because someone has decided that "this is what we really meant." If that is what was intended, it should have been enforced that way all along.

Agency Response: The Board is aware that the current demand for qualified plumbers is extremely high and acknowledges that enacting this change will decrease the number of individuals able to work on residential water and sewer lines at this time. Therefore, it has deleted the provision limiting RUIs to new construction projects only.

Comments: Removing the limitations on who may take continuing professional education (CPE) via correspondence course from §365.5 would diminish the valuable learning experience of attending a live class because the in-person interactions, questions, comments, etc. cannot be duplicated outside the classroom. In addition, there is no way to ensure that the licensee or registrant taking the correspondence course is the person who actually completes the 150-question test and no way to prevent people from completing the test as a group.

Allowing anyone to take a correspondence course would be a nightmare for business owners who take it upon themselves to make sure all of their employees keep their licenses current. There is often a lack of motivation on the part of the licensee or registrant to fill out the test and return it in a timely fashion, so it falls on the business owner to follow up continuously and make sure the test is sent back to the provider. This delay can cause an employee's license to expire and remain expired longer than necessary.

Agency Response: The Board acknowledges that taking CPE via correspondence may result in a less robust educational experience overall. However, this concern is outweighed by the benefits of opening up the correspondence option to all licensees and registrants. As members of a regulated profession, the Board expects that licensees and registrants will take the CPE requirement seriously; those who do not, do so to the detriment of their professional growth and job performance. Furthermore, there is nothing to ensure that an individual who attends a class in person pays attention or absorbs and retains the material presented.

As for any burden this rule would place on business owners, the Board believes that any issues that may arise due to an employee's failure to fulfill their responsibility to return the 150-question test is between the employer and employee and is most appropriately addressed through a company policy regarding the timely renewal of a license.

Comment: As proposed, §365.14(c)(2) does not accurately describe how license expiration dates that fall on or after July 1st align with the CPE course year.

Agency Response: The Board agrees that §365.14(c)(2) contains substantive errors and has made the necessary corrections.

Comments: The Board received several verbal comments in response to the proposed version of §365.19(c). The majority of the verbal comments expressed two main themes: licensees and registrants are not going to respond well to a mandate that lengthens the amount of time they must spend attending CPE, and decisions about the amount of time spent on breaks and meals should be left to the discretion of providers, instructors, and students. The Board also received five written comments.

As proposed, §365.19(c) feels like the Board is micromanaging and lengthening the six-hour CPE course, which has been successfully taught as-is since 1994. The Board should not create a "cookie cutter" class format and should leave the current requirements in place so licensees and registrants can choose the class, instructor, and presentation that best fulfills their expectations. If this proposed change is the result of a few disgruntled students complaining that the lunch served was not to their wishes, then perhaps their sole reason for attending was to be fed and pampered and not to receive any educational benefit. Real working plumbers in the field don't stop working and actively search out a "sit-down" lunch. The bottom line should be the quality of education delivered.

The Board should not dictate the length of lunch breaks because the Instructor and students have a feel for what they need and expect with regard to a lunch break. While the commenter does take a 30-minute break, the commenter noted that this decision is based on past experience with the licensees and registrants that attend the commenter's class.

The rule as proposed is very ambiguous because it is unclear if it requires the provision of a meal or if it requires a break only in the event a meal is provided. As written, the rule specifically references lunch but presumably would apply to any meal. To standardize CPE course duration, the Board should follow the Occupational Health and Safety Administration, which requires one break for every two consecutive hours of instruction and a 30 minute meal break for any course in excess of six hours.

§365.19(c) should be modified to read, "If a break for lunch is given, it shall be at least thirty (30) minutes long." If a thirty minute lunch break is required, it would actually add an additional 45 minutes to an hour to the commenter's class due to the fact that the building is locked so the Instructors can eat lunch.

A mandatory lunch break works for the students and gives the instructor a break. The commenter has been breaking for lunch for years and has had no complaints

Agency Response: This rule was proposed to provide students with 30 minutes of unencumbered time if the Course Provider chooses to serve a meal, and to ensure that students with dietary restrictions that are not accommodated by the meal served will not miss out on instruction if they leave to obtain a suitable meal. The bulk of the verbal comments received made it clear that the number and length of breaks provided varies widely among providers and instructors and that it is common for instruction to continue while students eat their lunch or other meal. It is also clear that the rule as proposed needs to be clarified and expanded to apply to breaks for any meal--not just lunch.

The Board believes it is important to provide students with some sort of break so they may return phone calls, eat a snack, use the restroom, etc., without missing instruction. However, the Board did not want to go so far as to propose a rule that mandated the provision of a meal or the exact number and length of breaks to be provided. Due to the overwhelming consensus that the flexibility allowed under the current system works best for instructors and students, the Board has deleted this change and replaced it with a stipulation that any breaks given many not be counted toward the six clock hours of required instruction.

Comment: As proposed, §365.19(h)(1) does not take into account variations in class size because it sets a fixed limit of $75 on expenditures by a third party. The rule should be changed to include a limit on expenditures of $10 per student.

Agency Response: The Board agrees that class sizes can vary greatly and has changed §365.19(h)(1) to include an expenditure limit of $10 per student.

Comment: As proposed §365.19(l) would pose a hardship to providers and should be changed to require only random self-monitoring of instructors once or twice per CPE course year. The newly-added provision allowing the Board to post an electronic survey on the agency's website will help with monitoring the quality of instructors as does the random monitoring of CPE courses by the Board's Field Representatives.

Agency Response: The existing version of §365.14(b)(11) already requires a Course Provider to "perform self-monitoring of its classes and Course Instructors to ensure compliance with the Act and Board rules and reporting as required by the Board." The Board believes that subsection (l) of the new §365.19 does not drastically depart from the current self-monitoring requirement even though it more specifically states that a provider must monitor each of its instructors at least once per CPE course year.

Comment: Because §365.20(a)(1) requires that a Course Instructor hold a Plumbing Inspector License "issued by the Board," this rule should be interpreted to prevent an unaffiliated Plumbing Inspector who does not also hold a Master or Journeyman License from obtaining approval as a Course Instructor. In other words, because an unaffiliated Plumbing Inspector is not issued a pocket card, he or she cannot satisfy the requirement that a Course Instructor hold a Plumbing Inspector License issued by the Board. Furthermore, CPE constitutes plumbing because it is a prerequisite for certain licensure exams and the renewal of all licenses. If CPE is plumbing, then an instructor must carry his or her pocket card on his or her person while teaching CPE in order to comply with §1301.351 of the Occupations Code. An unaffiliated Plumbing Inspector should not be approved to teach CPE because her or she is not issued a pocket card and cannot fulfill this requirement.

Agency Response: The Board disagrees with the commenter's interpretation of the phrase "issued by the Board." This phrase is intended to make clear that an instructor must hold a license issued in Texas and not any other jurisdiction in order to obtain Board approval. It does not speak to whether the license has been physically issued to the licensee. The Board also disagrees with the argument that CPE constitutes plumbing because CPE does not fall within the definition of plumbing set forth in §1301.002(7) of the Occupations Code. Accordingly, the rule should not be read to prohibit the approval of an unaffiliated Plumbing Inspector as a Course Instructor.

Comments: Overall, the comments received on proposed §365.20(a)(3) focused on the burden this rule would place on both Course Providers and Course Instructors and the possibility that this change will have the unintended consequence of preventing experienced instructors from being able to maintain Board approval. Emphasis was placed on the fact that it is ultimately the Course Provider's responsibility to ensure the quality of its instructors and that the Board rules already provide adequate safeguards against poor quality instruction through mechanisms like student surveys and the three different types of training required.

There were a number of comments that gave specific reasons why this new requirement is unrealistic and could limit the number of instructors a provider can employ. Many instructors have a full-time job in addition to teaching CPE, which limits their availability. Several instructors don't teach the six-hour CPE course at all, and instruct only the training programs for certain examinations or endorsements or Apprenticeship programs. Other instructors teach several courses throughout the year, but these courses aren't necessarily scheduled to occur at least once per quarter. Having the ability to utilize a large pool of instructors from across the state helps to keep down the price charged for courses, and some instructors are employed expressly for the purpose of serving as back-ups. The rule also fails to take into account extenuating circumstances, like having to go out of town for work for three months or more, that may cause an instructor to miss teaching a class one quarter.

Several commenters also raised concerns that providing courses in all areas of the state requires flexibility in the assignment of instructors to classes. In addition, some of the more remote areas don't generate enough demand to necessitate scheduling one class per quarter, and asking the instructors who teach in these areas to travel long distances to teach the extra classes needed to fulfill this new requirement is unduly burdensome.

Finally, an observation was made that the rule does not state the penalty for non-compliance, which should be loss of the ability to teach CPE the following year, and provides no enforcement mechanism.

Suggested changes to §365.20(a)(3) as proposed included: requiring a minimum number of classes per year instead of per quarter, expanding this requirement to include the instruction of one plumbing-related course per quarter instead of limiting it to the six-hour CPE course, basing the number of courses an instructor is required to teach on years of experience as an instructor, and requiring a minimum of six hours of instruction per quarter instead of requiring the instruction of a specific type of course. Suggested language included: "Instruct at least one (1) six-hour CPE course per quarter, instruct in a Board-approved training program or instruct related instruction in a training program that is approved by the United States Department of Labor, Office of Apprenticeship, for the occupation of Plumber."

Agency Response: This rule was intended to boost the quality of instruction by requiring that a Course Instructor teach a minimum of four CPE courses per course year at regular intervals. The comments received discuss the wide range of unintended consequences generated by this rule, and the Board has decided to delete this new requirement.

Comments: At least one Course Provider offers a medical gas CPE course immediately following the 6-hour CPE course at no additional charge and uses a pamphlet published by BeaconMadeas that summarizes the changes from one version of the National Fire Protection Association 99 Health Care Facilities Code (NFPA 99) to the next as course materials. The provider believes that limiting the contents of the course materials is a burden the state should not impose and suggests adding a third free option, like the BeaconMadeas pamphlet, to §365.21(c). As written, this rule could have the effect of requiring a licensee to purchase multiple copies of the same edition of the code or Handbook because the cycle for updating the NFPA 99 does not necessarily align with the three-year renewal cycle for a medical gas endorsement.

As proposed, §365.20(a) requires that a licensee complete a medical gas CPE course in the same year that his or her Medical Gas Piping Installation Endorsement expires. This is too restrictive and should be changed back to the current rule that simply prevents a licensee from using a single medical gas CPE course to fulfill the continuing education requirement for multiple renewal periods.

The 50-question exercise required by §365.20(c) should not be limited to only the most recent changes and updates to the NFPA 99 because there may not be enough new material for 50 questions.

Agency Response: The Board believes that a licensee taking medical gas CPE should receive either a copy of the code itself or the Handbook, and that requiring this by rule puts all Course Providers on a level playing field. However, the Board does not wish to require a licensee to purchase multiple copies of the same code or Handbook and has adjusted the language of the rule to prevent this from happening.

The Board understands the concerns raised about restricting when a licensee may complete the medical gas CPE course and has replaced the provision in §365.20(a) with a provision similar to what is in the existing rule. This change was intended to ensure that a licensee would receive continuing education on the most recent version of the NFPA 99, but the uncertainty in the code cycle creates logistical problems that outweigh the merits of this goal.

The Board also agrees that the 50-question exercise should cover topics beyond the most recent changes and updates to the code book and has amended §365.20(c) accordingly.

The amendments and new rules are adopted under the authority of §1301.251 of the Texas Occupations Code, which requires the Board to adopt rules necessary to administer and enforce Chapter 1301 (the Plumbing License Law); Chapter 55 of the Occupations Code, which requires a state agency that issues licenses to adopt rules regarding the licensure of military service member, military veterans, or military spouses; and §2001.039 of the Government Code, which requires a state agency to review its rules every four years. The proposed amendments have been reviewed by legal counsel and found to be within the state agency's authority to adopt.

§365.1.License, Endorsement and Registration Categories; Scope of Work Permitted.

(a) Pursuant to §1301.002 and §1301.351of the Plumbing License Law and §361.1 of the Board Rules, the scope of plumbing work an individual may perform is dictated by the type of license, endorsement, registration or combination thereof held by the individual.

(b) An individual who holds a current Master Plumber License and meets the requirements of a Responsible Master Plumber (RMP) under §1301.3576 of the Plumbing License Law and §367.3(a) of the Board Rules:

(1) May advertise or otherwise offer to perform or provide plumbing to the general public;

(2) May enter into contracts or agreements to perform plumbing;

(3) Shall obtain plumbing permits to perform plumbing work;

(4) May perform plumbing work without supervision; and

(5) Shall supervise plumbing work performed by other licensees or registrants.

(c) An individual who holds a current Journeyman or Master Plumber License may perform or supervise plumbing work:

(1) under the supervision of a RMP; and

(2) only under contracts or agreements to perform plumbing work secured by a RMP or a person who has secured the services of a RMP in accordance with §367.3(a)(2) of the Board Rules.

(d) An individual who holds a current Tradesman Plumber-Limited License may:

(1) perform or supervise plumbing work on one or two-family dwellings:

(A) under the supervision of a RMP; and

(B) only under contracts or agreements to perform plumbing secured by a RMP or a person who has secured the services of a RMP in accordance with §367.3(a)(2) of the Board Rules; or

(2) assist in the installation of plumbing other than for one or two-family dwellings under the on-the-job supervision of a Journeyman or Master Plumber.

(e) An individual who holds a current Plumbing Inspector License may perform plumbing inspections as an employee or independent contractor of a political subdivision or state agency for compliance with health and safety laws and ordinances.

(1) An individual who holds a current Plumbing Inspector License with a current Medical Gas Piping Installation Endorsement may perform inspections of piping that is used solely to transport gases used for medical purposes.

(2) An individual who holds a current Plumbing Inspector License with a current Water Supply Protection Specialist Endorsement may perform inspections of plumbing work associated with the treatment, use and distribution of rainwater to supply a plumbing fixture, appliance, or irrigation system.

(3) An individual who holds a current Plumbing Inspector License with a current Multipurpose Residential Fire Protection Sprinkler Specialist Endorsement may perform inspections of multipurpose residential fire protection sprinkler systems installed in a one or two-family dwelling.

(f) An individual who holds a current Journeyman or Master Plumber License with a current Medical Gas Piping Installation Endorsement may install piping that is used solely to transport gases used for medical purposes:

(1) under the supervision of a RMP who holds a current Medical Gas Piping Installation Endorsement; and

(2) only under contracts or agreements to perform medical gas piping installations secured by a RMP who holds a current Medical Gas Piping Installation Endorsement or a person who has secured the services of a RMP, in accordance with §367.3(a)(2) of the Board Rules, who holds a current Medical Gas Piping Installation Endorsement.

(g) An individual who holds a current Journeyman or Master Plumber License with a current Water Supply Protection Specialist Endorsement may:

(1) perform Customer Service Inspections pursuant to 30 Tex. Admin. Code §290.46(j). Minimum Acceptable Operating Practices for Public Drinking Water Systems; or

(2) install, service or repair plumbing associated with the treatment, use and distribution of rainwater to supply a plumbing fixture, appliance, or irrigation system:

(A) under the supervision of a RMP who holds a current Water Supply Protection Specialist Endorsement; and

(B) only under contracts or agreements to perform, install, service, and repair plumbing associated with the use and distribution of rainwater to supply a plumbing fixture, appliance, or irrigation system secured by a RMP who holds a current Water Supply Protection Specialist Endorsement or a person who has secured the services of a RMP, in accordance with §367.3(a)(2) of the Board Rules, who holds a current Water Supply Protection Specialist Endorsement.

(3) A Water Supply Protection Specialist Endorsement shall not be used in lieu of a Plumbing Inspector License to perform plumbing inspections required under §1301.255 and §1301.551 of the Plumbing License Law; however, a Plumbing Inspector may perform the inspection described in paragraph (1) of this subsection even if the individual does not hold a Water Supply Protection Specialist Endorsement.

(h) An individual who holds a current Journeyman or Master Plumber License with a current Multipurpose Residential Fire Protection Sprinkler Specialist Endorsement may install a multipurpose residential fire protection sprinkler system in a one or two-family dwelling:

(1) under the supervision of a RMP who holds a current Multipurpose Residential Fire Protection Sprinkler Specialist Endorsement; and

(2) only under contracts or agreements to perform multipurpose residential fire protection sprinkler system installations secured by a RMP who holds a current Multipurpose Residential Fire Protection Sprinkler Specialist Endorsement or a person who has secured the services of a RMP, in accordance with §367.3(a)(2) of the Board Rules, who holds a current Multipurpose Residential Fire Protection Sprinkler Specialist Endorsement.

(i) An individual who holds a current Plumber's Apprentice Registration may assist a licensee with the installation of plumbing:

(1) under the direct supervision of a person licensed by the Board;

(2) under the supervision of a RMP; and

(3) only under contracts or agreements to perform plumbing work secured by a RMP or a person who has secured the services of a RMP.

(j) In addition to the scope of work described in subsection (i) of this section, an individual who holds a current Plumber's Apprentice Registration and a current Residential Utilities Installer Registration may construct and install only yard water service piping and building sewers for one or two-family dwellings:

(1) under the supervision of a RMP; and

(2) only under contracts or agreements to perform plumbing work secured by a RMP or a person who has secured the services of a RMP in accordance with §367.3(a)(2) of the Board Rules.

(k) In addition to the scope of work described in subsection (d) or (i) of this section, an individual who holds a current Tradesman Plumber-Limited License or Plumber's Apprentice Registration and a current Drain Cleaner Registration may install cleanouts and remove and reset p-traps for the purposes of eliminating obstructions in building drains and sewers:

(1) under the supervision of a RMP; and

(2) only under contracts or agreements to perform plumbing work secured by a RMP or a person who has secured the services of a RMP in accordance with §367.3(a)(2) of the Board Rules.

(l) In addition to the work described in subsection (i) of this section, an individual who holds a current Plumber's Apprentice Registration and a current Drain Cleaner-Restricted Registration may clear obstructions in sewer and drain lines through any existing code-approved opening:

(1) under the supervision of a RMP; and

(2) only under contracts or agreements to perform plumbing work secured by a RMP or a person who has secured the services of a RMP in accordance with §367.3(a)(2) of the Board Rules.

§365.14.Course Year for Continuing Professional Education Programs.

(a) The course year for Continuing Professional Education Programs begins on July 1st of each calendar year and ends on June 30th of the next calendar year.

(b) The authority of a Course Provider approved under §365.16 of this chapter to provide CPE courses or a Course Instructor approved under §365.17 of this chapter to teach CPE courses runs concurrently with the course year that starts on July 1st of the calendar year in which the provider or instructor is approved by the Board.

(c) A licensee or registered Drain Cleaner, Drain Cleaner-Restricted or Residential Utilities Installer shall complete at least six (6) hours of CPE before he or she may renew his or her license or registration. Paragraphs 1 and 2 of this section and Figure 1 explain how license expiration dates align with the CPE course year.

(1) An individual whose license or registration expires between January 1st and July 1st must take CPE between July 1st of the calendar year prior to the year in which the license or registration will expire and the expiration date of their license.

(2) An individual whose license or registration expires between September 1st and December 31st must take CPE between July 1st of the calendar year in which the license or registration will expire and the expiration date of their license.

Figure: 22 TAC §365.14(c)(2)

(d) The authority of a Publisher of Course Materials approved under §363.15 of this chapter to sell course materials begins on July 1st of the calendar year in which the materials are approved and continues until the course materials are no longer required for the renewal of an expired license or registration.

(1) The Board may authorize the use of course materials prior to July 1st for industry-related programs or conferences if the person offering the program or conference submits:

(A) a written request stating the date, time, and place the materials will be used; and

(B) a statement from the Publisher whose course materials will be used verifying that the materials will be available on the date included in the request.

(2) A request submitted pursuant to paragraph (1) of this subsection, shall be submitted no later than fifteen (15) business days before the regularly-scheduled January or April meeting of the Board.

§365.15.Course Materials for Continuing Professional Education Programs.

(a) The course materials are the printed materials provided to the licensees and registrants attending a CPE course for use in the classroom or in conjunction with a correspondence course and for future reference.

(1) The Board shall publish a list of the approved subjects that course materials may cover and update the list as needed.

(2) The course materials shall not advertise or promote the sale of goods, products or services.

(b) The course materials shall be comprehensive enough to support a minimum of six (6) classroom hours of study.

(1) Three (3) hours shall cover the subjects of health protection, energy conservation and water conservation.

(2) Three (3) hours shall cover subjects from the list of approved subjects published by the Board and include information concerning the Plumbing License Law, Board Rules, and current industry practices and codes.

(3) All of the information covered shall present:

(A) issues relevant to the plumbing trade in the current market;

(B) changes to the plumbing trade; or

(C) topics which increase or support the students' development of skill and competence in the plumbing trade.

(c) A Publisher of Course Materials, Course Provider or Course Instructor shall encourage the student to retain the course materials for future reference and shall not offer to buy back used course materials from a student or offer any other incentive intended to persuade a student not to retain the course materials.

(d) The Board shall annually approve course materials for the CPE course required for the renewal of a Journeyman Plumber, Master Plumber, Tradesman Plumber-Limited or Plumbing Inspector License under §1301.404 of the Plumbing License Law or the renewal of a Drain Cleaner, Drain Cleaner-Restricted or Residential Utilities Installer Registration under §1301.405 of the Plumbing License Law.

(1) A Publisher of Course Materials shall electronically submit a draft version of the course materials, and a separate table of contents, to the Board for approval.

(2) The draft submitted shall:

(A) be free of all typos and grammar, spelling and punctuation errors;

(B) include illustrations and graphics to show concepts not easily explained in words;

(C) include a statement that the most current Board forms used for doing business with licensees, registrants, and the public are available on the Board's website or by mail upon request;

(D) include a notice informing students of the provisions contained in §365.20(d)-(f) of this chapter; and

(E) prominently display in bolded 10-point type, or larger, the following disclaimer: "THIS CONTINUING PROFESSIONAL EDUCATION COURSE MATERIAL HAS BEEN APPROVED BY THE TEXAS STATE BOARD OF PLUMBING EXAMINERS FOR USE IN THE (state year) CPE YEAR. BY ITS APPROVAL OF THIS COURSE MATERIAL, THE TEXAS STATE BOARD OF PLUMBING EXAMINERS DOES NOT ASSUME ANY RESPONSIBILITY FOR THE ACCURACY OF THE CONTENTS OF THE COURSE MATERIAL. FURTHER, THE TEXAS STATE BOARD OF PLUMBING EXAMINERS IS NOT MAKING ANY DETERMINATION THAT THE PARTY PUBLISHING THE COURSE MATERIALS HAS COMPLIED WITH ANY APPLICABLE COPYRIGHT AND OTHER LAWS IN PUBLISHING THE COURSE MATERIAL AND THE TEXAS STATE BOARD OF PLUMBING EXAMINERS DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY THEREFOR. THE COURSE MATERIAL IS NOT BEING PUBLISHED BY NOR IS IT A PUBLICATION OF THE TEXAS STATE BOARD OF PLUMBING EXAMINERS."

(e) Upon Board approval, final copies of the course materials shall be printed for distribution to students in a bound version meeting the following minimum technical specifications for printing and production:

(1) Binding--Perfect or Metal Coiled;

(2) Ink--Full Bleed Color;

(3) Cover Material--80 Pound Gloss Paper; and

(4) Page Material--70 Pound.

(f) The Board may post a copy of the table of contents of each set of approved course materials on its website.

§365.19.Course Providers of Continuing Professional Education Programs.

(a) A Board-approved Course Provider may offer a CPE course required for the renewal of a license, endorsement or registration. A Course Provider may not offer a correspondence course during the CPE course year that begins on July 1st of the calendar year in which the provider is first approved by the Board.

(b) A Course Provider shall only allow Board-approved Course Instructors to teach the CPE courses it offers. A Course Provider shall notify the Board as soon as practicable, and no later than five (5) days, after any change in an instructor's employment status with the Course Provider.

(c) A Course Provider shall present a CPE course in one of the following formats:

(1) a single day consisting of six (6) clock hours of instruction in the classroom;

(2) two (2) days that fall within the same seven (7) day period, each consisting of three (3) clock hours of instruction in the classroom; or

(3) a Board-approved correspondence format.

(d) A Course Provider shall not count time allotted for breaks toward the six (6) clock hours of instruction required by subsection (c) of this section.

(e) A Course Provider shall spend a minimum of three (3) clock hours covering the subjects of health protection, energy conservation and water conservation.

(1) All instruction provided shall be based on the course materials described in §365.15 of this chapter and any other materials approved by the Board.

(2) In addition to the course materials, Course Providers may utilize videos, films, slides or other appropriate types of illustrations and graphic materials so long as they relate to a subject covered by the course materials.

(f) A Course Provider shall limit the number of students for any CPE course to forty-five (45). A Course Provider may allow a Course Instructor to admit four (4) additional students, for a maximum of forty-nine (49), regardless of when the students apply for admittance, if the additional students:

(1) are currently on active duty as members of the United States Armed Forces, a reserve component of the United States Armed Forces or the state military forces; and

(2) present valid identification to the Course Instructor confirming the active duty status required by paragraph (1) of this subsection.

(g) In addition to the price to be charged a licensee or registrant enrolled in a course offered by the provider, a Course Provider that is not also a Publisher of Course Materials may impose a fee for the course materials that is less than or equal to the cost it incurs to purchase the materials from a Board-approved publisher.

(h) A Course Provider shall not advertise or promote the sale of any goods, products or services during the instructional portion of a CPE course, or allow a third party to advertise or promote the sale of any goods, products or services during the instructional portion of a CPE course.

(1) If a Provider allows a third party access to its students before or after class, or during a break, the third party shall not expend more than ten dollars ($10) per student in connection with any food, drink, or promotional item provided to the students.

(2) A Provider may not allow two or more third party vendors to provide food or drink at a single CPE course.

(i) At least seven (7) days before conducting a course, a Course Provider shall give notice to the Board via electronic mail of its intent to conduct the course or post notice of the course schedule on the Course Provider's website.

(1) The notice shall contain the time(s) and place(s) where the course(s) will occur and the name of the Course Instructor scheduled to teach each course.

(2) A Course Provider shall give notice even if attendance at a course is limited to a specific group or organization.

(3) A Course Provider that schedules two (2) or more courses on the same date and time shall hold each course at a separate location or in separate spaces within the same location.

(j) A Course Provider shall establish a system that allows it to receive immediate notification from a Course Instructor in the event the Course Instructor is unable to provide instruction for a scheduled course.

(1) A Course Provider shall provide a substitute Course Instructor in order to avoid cancelling the scheduled course.

(2) If cancellation of the course is unavoidable, the Course Provider shall:

(A) immediately notify each student affected by the cancellation;

(B) reschedule the cancelled course as soon as possible; and

(C) notify the Board of the cancellation within forty-eight (48) hours.

(k) A Course Provider shall furnish a certificate of completion of CPE to each licensee and registrant who completes a CPE course it offers.

(1) The certificate of completion shall state:

(A) the name of the Course Provider and Course Instructor;

(B) the name and license or registration number of the student;

(C) the course year; and

(D) the date the instruction was completed.

(2) Within forty-eight (48) hours of issuing a certificate of completion, a Course Provider shall, at its own expense and in a format approved by the Board, electronically submit certification of each student's completion of CPE requirements.

(A) The Board may provide training to the Course Provider in the submission method selected, including the use of any computer software.

(B) The Board may charge a fee to recover its costs for computer software used to facilitate the submission and training in the use of the software to the Course Provider.

(l) At least once per CPE course year, a Course Provider shall perform self-monitoring of each of its Course Instructors to ensure compliance with the Plumbing License Law, Board Rules, and any reporting requirements adopted by the Board.

(m) A Course Provider shall submit a report detailing its implementation of the strategic plan required by §365.16(c)(4) of this chapter to the Board as follows:

(1) A Course Provider receiving Board approval for the first time shall submit quarterly reports no later than March 15th, June 15th, September 15th and December 15th of the calendar year in which it received approval.

(2) A Course Provider that is re-approved shall submit a report no later than September 15th of the calendar year in which it was re-approved; the report shall cover the implementation for the preceding CPE course year.

(3) The requirements of this subsection and §365.16(c)(4) of this chapter do not apply to a Course Provider that:

(A) is a business that offers CPE courses to its employees only, and not to the general public; or

(B) is an individual who will not employ a Course Instructor other than himself or herself.

(n) The Board shall annually monitor each approved Course Provider to ensure the quality of the instruction provided and the equitable provision of course across the state of Texas.

(1) To assist with this task, the Board may post a survey on its website that allows licensees and registrants who have completed a CPE course to provide feedback about a Course Provider or Instructor.

(2) If a Course Provider administers student surveys, the Board may request a copy of the completed surveys to assist with this task. A Course Provider shall maintain a paper or electronic copy of each completed student survey for at least two (2) years after the survey was administered.

(o) A Course Provider's failure to comply with this section constitutes grounds for disciplinary action against the provider, including revocation of authority to provide CPE courses, or the denial of future applications for approval as a Course Provider. The Board shall investigate a complaint against a Course Provider in the same manner it investigates complaints against licensees and registrants.

§365.20.Course Instructors for Continuing Professional Education Programs.

(a) A Course Instructor shall:

(1) hold a current Journeyman, Master Plumber or Plumbing Inspector License issued by the Board;

(2) successfully complete a Course Instructor Certification Workshop conducted by the Board; and

(3) successfully complete training in the course materials required by §365.18(c) of this chapter.

(b) In addition to the training required in subsection (a) of this section, a Course, Instructor shall attend a Board-approved training program consisting of a total of 160 hours.

(1) The program shall be presented in four (4) units as follows:

(A) forty (40) hours covering the basic educational techniques and instructional strategies necessary to plan and conduct effective training programs;

(B) forty (40) hours covering the basic techniques and strategies necessary to analyze, select, develop, and organize instructional material for effective training programs;

(C) forty (40) hours covering the basic principles, techniques, theories, and strategies for establishing and maintaining effective relationships with students, co-workers, and other personnel in the classroom, industry, and community; and

(D) forty (40) hours covering the basic principles, techniques, theories, and strategies for communicating effectively using instructional media.

(2) A Course Instructor shall complete one of the units described in paragraph (1) of this subsection every twelve (12) months such that all four (4) units (160 hours) are completed within a four-year period.

(c) A Course Instructor shall not advertise or promote the sale of goods, products, or services in his or her capacity as a Course Instructor.

(d) A Course Instructor shall comply with the Plumbing License Law and Board Rules, including the standards of conduct set forth in §367.2 of the Board Rules.

(1) In addition, a Course Instructor has a responsibility to his or her students and employer to:

(A) be well-versed in and knowledgeable of the course materials and ensure that classroom presentations are based only on the course materials and other materials approved by the Board;

(B) maintain an orderly and professional classroom environment;

(C) ensure that only students who receive the required number of clock hours of instruction (excluding any time spent on breaks from instruction) receive credit for attending a CPE course;

(D) notify the Course Provider immediately, if the Course Instructor is unable to provide instruction for a CPE course that the instructor was scheduled to instruct, to allow the Course Provider to make every effort to provide a substitute Course Instructor to avoid cancelling the course; and

(E) coordinate with the Course Provider to develop an appropriate method for handling disorderly and disruptive students.

(2) A Course Instructor shall report to the Course Provider and the Board, any non-responsive or disruptive student who attends a CPE course. The Board may deny CPE credit to any such student and require, at the student's expense, successful completion of an additional CPE course to receive credit.

(e) The Board shall randomly monitor Course Instructors for quality of instruction and compliance with the PLL and Board Rules. The Board will charge a fee to recover its costs for conducting the workshop required by subsection (a)(2) of this section.

(f) A Course Instructor's failure to comply with this section constitutes grounds for disciplinary action against the instructor, including revocation of approval to instruct CPE courses, or the denial of future applications for approval as a Course Instructor. The Board shall investigate a complaint against a Course Instructor in the same manner it investigates complaints against licensees and registrants.

(g) At the beginning of each CPE course, the Course Instructor shall announce where the notice informing the students of the contents of subsections (d)-(f) of this section can be found in the course materials.

§365.21.Continuing Professional Education Programs for the Medical Gas Piping Installation Endorsement.

(a) A licensed Journeyman Plumber, Master Plumber or Plumbing Inspector who also holds a Medical Gas Piping Installation Endorsement shall complete a minimum of two (2) hours of CPE before he or she may renew his or her endorsement. A licensee may not use a single medical gas CPE course to fulfill the continuing education requirement for more than one renewal period.

(b) A medical gas CPE course shall be based on the most current edition of the National Fire Protection Association 99 Health Care Facilities Code (NFPA 99), and include comprehensive instruction on any updates to or changes from the previous edition of the code.

(c) The course materials for a medical gas CPE course shall include either a softbound copy of the current edition of the NFPA 99 or a hardbound copy of the NFPA 99 Handbook, a 50-question exercise covering the most-recent changes and updates to the NFPA 99 and the fundamentals of medical gas piping installation, and a notice informing students of the provisions contained in §365.20(d)-(f) of this chapter.

(1) The course materials shall not advertise or promote the sale of goods, products or services.

(2) A Course Provider or Course Instructor shall not offer to buy back used course materials from a student or offer any other incentive intended to persuade the student not to retain the course materials.

(3) In addition to the fee charged for a medical gas CPE course, a Course Provider may charge students a fee for the course materials that is less than or equal to the cost it incurs to purchase the materials from the NFPA.

(4) A Course Provider shall not require a student to purchase a softbound copy of the current edition of the NFPA 99 or a hardbound copy of the NFPA 99 Handbook if the student has previously completed a medical gas CPE course with the same provider that utilized the same course materials. As a substitute, the Course Provider may use any written material designed to supplement the NFPA 99 or the handbook.

(d) Only an individual, business or association approved as a Course Provider in accordance with §365.16 of this chapter may provide a medical gas CPE course. A Course Provider offering a medical gas CPE course is subject to all of the provisions of §365.19 of this chapter except subsections (c) and (e).

(e) A licensed Journeyman Plumber, Master Plumber or Plumbing Inspector may teach a medical gas CPE course if the licensee:

(1) holds a current Medical Gas Piping Installation Endorsement; and

(2)is approved as a Course Instructor in accordance with §365.17 of this chapter.

(f) A Course Provider shall present a medical gas CPE course in a single day consisting of at least two (2) clock hours of instruction in the classroom.

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 July 11, 2017.

TRD-201702614

Lisa G. Hill

Executive Director

Texas State Board of Plumbing Examiners

Effective date: September 1, 2017

Proposal publication date: April 28, 2017

For further information, please call: (512) 936-5239


22 TAC §§365.9, 365.14 - 365.17

The Texas State Board of Plumbing Examiners (Board) adopts the repeal of 22 TAC §§365.9, 365.14 - 365.17 without changes to the proposed text as published in the April 28, 2017, issue of the Texas Register (42 TexReg 2326) and will not be republished. The Board adopts this repeal concurrently with the adoption of new §§365.14 - 365.21 to replace the existing §365.14, new §365.22 that combines the existing §365.15 and §365.16, and new §365.23 that reorganizes and clarifies the existing §365.17.

No comments were received regarding the proposed repeal of 22 TAC §§365.9, 365.14 - 365.17.

Chapter 365, §§365.9, 365.14 - 365.17, is repealed under §1301.251 of the Texas Occupations Code, which requires the Board to adopt and enforce rules necessary to administer Chapter 1301 (Plumbing License Law), and §2001.039 of the Government Code, which requires a state agency to review its rules every four years. No other statute, article, or code is affected by this adoption.

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 July 11, 2017.

TRD-201702610

Lisa G. Hill

Executive Director

Texas State Board of Plumbing Examiners

Effective date: September 1, 2017

Proposal publication date: April 28, 2017

For further information, please call: (512) 936-5239


PART 22. TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY

CHAPTER 507. EMPLOYEES OF THE BOARD

22 TAC §507.2

The Texas State Board of Public Accountancy adopts an amendment to §507.2, concerning Staff, without changes to the proposed text as published in the June 2, 2017, issue of the Texas Register (42 TexReg 2899) and will not be republished.

The amendment to §507.2 has the rule more closely track the language in Chapter 901 of the Occupations Code.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151, which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the adoption.

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 July 14, 2017.

TRD-201702646

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: August 3, 2017

Proposal publication date: June 2, 2017

For further information, please call: (512) 305-7842


22 TAC §507.3

The Texas State Board of Public Accountancy adopts an amendment to §507.3, concerning Independent Contractors, without changes to the proposed text as published in the June 2, 2017, issue of the Texas Register (42 TexReg 2900) and will not be republished.

The amendment to §507.3 adds "consultants" to those that the Board may employ to perform services for the Board and adds references to the statutes that give the Board the authority to do so.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151, which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the adoption.

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 July 14, 2017.

TRD-201702648

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: August 3, 2017

Proposal publication date: June 2, 2017

For further information, please call: (512) 305-7842


22 TAC §507.4

The Texas State Board of Public Accountancy adopts an amendment to §507.4, concerning Confidentiality, without changes to the proposed text as published in the June 2, 2017, issue of the Texas Register (42 TexReg 2901) and will not be republished.

The amendment to §507.4 notices that advisory committee members are required to not disclose confidential information and cites the relevant section of the Texas Public Accountancy Act.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151, which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the adoption.

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 July 14, 2017.

TRD-201702649

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: August 3, 2017

Proposal publication date: June 2, 2017

For further information, please call: (512) 305-7842


22 TAC §507.7

The Texas State Board of Public Accountancy adopts an amendment to §507.7, concerning Eligibility, without changes to the proposed text as published in the June 2, 2017, issue of the Texas Register (42 TexReg 2901) and will not be republished.

The amendment to §507.7 deletes subsection (g) so that it may be relocated to §507.8.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the adoption.

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 July 14, 2017.

TRD-201702651

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: August 3, 2017

Proposal publication date: June 2, 2017

For further information, please call: (512) 305-7842


22 TAC §507.8

The Texas State Board of Public Accountancy adopts an amendment to §507.8, concerning Procedures, without changes to the proposed text as published in the June 2, 2017, issue of the Texas Register (42 TexReg 2902) and will not be republished.

The amendment to §507.8 adds language relocated from §507.7 and adds failure to regularly attend classes as a reason for possible termination of financial assistance including repayment of all funds.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151, which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the adoption.

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 July 14, 2017.

TRD-201702655

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: August 3, 2017

Proposal publication date: June 2, 2017

For further information, please call: (512) 305-7842


CHAPTER 509. RULEMAKING PROCEDURES

22 TAC §509.2

The Texas State Board of Public Accountancy adopts an amendment to §509.2, concerning Emergency Rulemaking, without changes to the proposed text as published in the June 2, 2017, issue of the Texas Register (42 TexReg 2903) and will not be republished.

The amendment to §509.2 clarifies the Board's emergency rulemaking procedures.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151, which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the adoption.

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 July 14, 2017.

TRD-201702656

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: August 3, 2017

Proposal publication date: June 2, 2017

For further information, please call: (512) 305-7842


22 TAC §509.6

The Texas State Board of Public Accountancy adopts an amendment to §509.6, concerning Rulemaking Procedures, without changes to the proposed text as published in the June 2, 2017, issue of the Texas Register (42 TexReg 2904) and will not be republished.

The amendment to §509.6 clarifies the Board's rulemaking process to emphasize the Board's intent for the process to be a public process.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151, which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the adoption.

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 July 14, 2017.

TRD-201702657

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: August 3, 2017

Proposal publication date: June 2, 2017

For further information, please call: (512) 305-7842


CHAPTER 513. REGISTRATION

SUBCHAPTER B. REGISTRATION OF CPA FIRMS

22 TAC §513.16

The Texas State Board of Public Accountancy adopts an amendment to §513.16, concerning Death of a Sole Proprietor, without changes to the proposed text as published in the June 2, 2017, issue of the Texas Register (42 TexReg 2905) and will not be republished.

The amendment to §513.16 adds "incapacitation" of a sole proprietor as a justification for the Executive Director to authorize the continued operation of a sole proprietorship, as well as adding "or Incapacitation" to the rule title.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151, which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the adoption.

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 July 14, 2017.

TRD-201702658

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: August 3, 2017

Proposal publication date: June 2, 2017

For further information, please call: (512) 305-7842


CHAPTER 521. FEE SCHEDULE

22 TAC §521.1

The Texas State Board of Public Accountancy adopts an amendment to §521.1, concerning Individual License Fees, without changes to the proposed text as published in the June 2, 2017, issue of the Texas Register (42 TexReg 2906) and will not be republished.

The amendment to §521.1 adds the word "annual" in subsection (a) as well as in the title.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151, which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the adoption.

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 July 14, 2017.

TRD-201702659

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: August 3, 2017

Proposal publication date: June 2, 2017

For further information, please call: (512) 305-7842


22 TAC §521.3

The Texas State Board of Public Accountancy adopts an amendment to §521.3, concerning Fee for Certification by Reciprocity, without changes to the proposed text as published in the June 2, 2017, issue of the Texas Register (42 TexReg 2907) and will not be republished.

The amendment to §521.3 no longer lists a specific dollar amount but clarifies that the fees will be established by the Board.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151, which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the adoption.

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 July 14, 2017.

TRD-201702660

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: August 3, 2017

Proposal publication date: June 2, 2017

For further information, please call: (512) 305-7842


22 TAC §521.4

The Texas State Board of Public Accountancy adopts the repeal of §521.4, concerning Registration Fee for Foreign Accountants, without changes to the proposed text as published in the June 2, 2017, issue of the Texas Register (42 TexReg 2907) and will not be republished.

The repeal of §521.4 is necessary because the rule is no longer applicable.

No comments were received regarding adoption of the repeal.

The repeal is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151, which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the adoption.

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 July 14, 2017.

TRD-201702661

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: August 3, 2017

Proposal publication date: June 2, 2017

For further information, please call: (512) 305-7842


22 TAC §521.6

The Texas State Board of Public Accountancy adopts an amendment to §521.6, concerning Duplication and Other Charges and Refund of Board Fees, without changes to the proposed text as published in the June 2, 2017, issue of the Texas Register (42 TexReg 2908) and will not be republished.

The amendment to §521.6 clarifies that statutes by which the Board follows in charging fees for reproducing Board records will be in accordance with the Public Information Act and the rules promulgated by the Office of the Attorney General.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151, which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the adoption.

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 July 14, 2017.

TRD-201702662

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: August 3, 2017

Proposal publication date: June 2, 2017

For further information, please call: (512) 305-7842


22 TAC §521.11

The Texas State Board of Public Accountancy adopts an amendment to §521.11, concerning Fee for a Replacement Certificate, without changes to the proposed text as published in the June 2, 2017, issue of the Texas Register (42 TexReg 2909) and will not be republished.

The amendment to §521.11 no longer lists a specific dollar amount but clarifies that the fees will be established by the Board.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151, which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the adoption.

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 July 14, 2017.

TRD-201702663

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: August 3, 2017

Proposal publication date: June 2, 2017

For further information, please call: (512) 305-7842


22 TAC §521.13

The Texas State Board of Public Accountancy adopts an amendment to §521.13, concerning Firm License Fees, without changes to the proposed text as published in the June 2, 2017, issue of the Texas Register (42 TexReg 2910) and will not be republished.

The amendment to §521.13 replaces the word "penalty" with "late fee."

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151, which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the adoption.

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 July 14, 2017.

TRD-201702664

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: August 3, 2017

Proposal publication date: June 2, 2017

For further information, please call: (512) 305-7842


CHAPTER 523. CONTINUING PROFESSIONAL EDUCATION

SUBCHAPTER D. STANDARDS FOR CONTINUING PROFESSIONAL EDUCATION PROGRAMS AND RULES FOR SPONSORS

22 TAC §523.140

The Texas State Board of Public Accountancy adopts an amendment to §523.140, concerning Program Standards, without changes to the proposed text as published in the June 2, 2017, issue of the Texas Register (42 TexReg 2911) and will not be republished.

The amendment to §523.140 changes the requirement from five review questions for each CPE credit to three review questions for each CPE credit, to mirror the Uniform Accountancy Act and its Model Rules.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the adoption.

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 July 14, 2017.

TRD-201702665

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: August 3, 2017

Proposal publication date: June 2, 2017

For further information, please call: (512) 305-7842


CHAPTER 525. CRIMINAL BACKGROUND INVESTIGATIONS

22 TAC §525.3

The Texas State Board of Public Accountancy adopts an amendment to §525.3, concerning Criminal Background Checks, without changes to the proposed text as published in the June 2, 2017, issue of the Texas Register (42 TexReg 2912) and will not be republished.

The amendment to §525.3 adds a confidentiality statement regarding criminal history record information and makes a grammatical correction.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151, which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the adoption.

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 July 14, 2017.

TRD-201702666

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: August 3, 2017

Proposal publication date: June 2, 2017

For further information, please call: (512) 305-7842


CHAPTER 526. BOARD OPINIONS

22 TAC §526.1

The Texas State Board of Public Accountancy adopts an amendment to §526.1, concerning Issuance of Opinions, without changes to the proposed text as published in the June 2, 2017, issue of the Texas Register (42 TexReg 2913). The amended rule will not be republished.

The amendment to §526.1 clarifies that the Board will determine whether an opinion will be issued or not.

No comments were received regarding adoption of the amendment.

The amendment is adopted under the Public Accountancy Act (Act), Texas Occupations Code, §901.151, which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the adoption.

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 July 14, 2017.

TRD-201702667

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Effective date: August 3, 2017

Proposal publication date: June 2, 2017

For further information, please call: (512) 305-7842