16 TAC §60.33
The Texas Department of Licensing and Regulation
(Department) proposes a new rule at 16 Texas Administrative Code (TAC)
Chapter 60, Subchapter C, §60.33, concerning Temporary License
Applications.
The proposed new rule is necessary to provide licensees the opportunity
to begin working in their chosen occupation before receiving their
initial license. A licensee who passes the required occupational test
will be issued a temporary license at the testing site. The temporary
license will remain in effect for 21 days, during which time the licensee
will receive a permanent license from the Department through the United
States Postal Service.
William H. Kuntz, Jr., Executive Director, has determined that
for the first five-year period the proposed new rule is in effect
there will be no foreseeable implications relating to cost or revenues
of the state or local government as a result of enforcing or administering
the proposed new rule.
Mr. Kuntz also has determined that for each year of the first five-year
period the proposed new rule is in effect, the public benefit will
be encouraging economic activity by allowing individuals who meet
the qualifications for a license to begin working as soon as possible.
There will be no adverse economic effect on small or micro-businesses
or to persons who are required to comply with the new rule as proposed.
Since the agency has determined that the proposed new rule will
have no adverse economic effect on small businesses, preparation of
an Economic Impact Statement and a Regulatory Flexibility Analysis,
as detailed under Texas Government Code §2006.002, is not required.
Comments on the proposal may be submitted by mail to Shanna Dawson,
Legal Assistant, General Counsel's Office, Texas Department of Licensing
and Regulation, P.O. Box 12157, Austin, Texas 78711, or by facsimile
to (512) 475-3032, or electronically to erule@tdlr.texas.gov. The
deadline for comments is 30 days after publication in the
Texas Register.
The new rule is proposed under Texas Occupations Code,
Chapter 51, which authorizes the Texas Commission of Licensing and
Regulation, the Department's governing body, to adopt rules as necessary
to implement this chapter and any other law establishing a program
regulated by the Department.
The statutory provisions affected by the proposal are those set
forth in Texas Occupations Code, Chapter 51. No other statutes, articles,
or codes are affected by the proposal.
§60.33.Temporary License Applications.
(a)
This section applies to an applicant who has met
all the requirements for an initial license issued under a law administered
by the department.
(b)
The department may issue a temporary license to
an applicant described under subsection (a) who:
(1)
submits a completed application on a department-approved
form; and
(2)
pays the initial license application fees.
(c)
A temporary license expires upon an applicant's
receipt of the initial license, but no later than 21 days after the
date of issuance of the temporary license.
(d)
A temporary license is not renewable.
This agency hereby certifies that the proposal has
been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on May 3, 2013.
TRD-201301776
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: June 16, 2013
For further information, please call: (512) 475-4879