Part 8.
TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD
Chapter 157.
RULES RELATING TO PRACTICE AND PROCEDURE
Subchapter B. CONTESTED CASE HEARINGS
22 TAC §157.11
The Texas Appraiser Licensing and Certification Board
(TALCB) adopts an amendment to 22 TAC §157.11, Contested Cases;
Entry of Appearance; Continuance, without changes to the proposed
text as published in the October 28, 2011, issue of the
Texas Register
(36 TexReg 7245), which will
not be republished. The amendment deletes an erroneous reference to
the statute relating to notice of hearing and conforms it to general
provisions regarding contested cases for appraisal management companies.
The reasoned justification for the rule as adopted is clarity and
standardization through extension of existing procedural rules to
appraisal management companies.
No comments were received regarding the amendment as proposed.
The amendment is adopted under the Texas Occupations
Code, §1103.151, Rules Relating to Certificates and Licenses,
and §1104.051, Rules.
The statutes affected by this adoption are Texas Occupations Code,
Chapters 1103 and 1104. No other statute, code, or article is affected
by the adoption.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office
of the Secretary of State on January 13, 2012.
TRD-201200163
Devon V. Bijansky
General Counsel
Texas Appraiser Licensing and Certification Board
Effective date: February 2, 2012
Proposal publication date: October 28, 2011
For further information, please call: (512) 936-3001
22 TAC §§159.52, 159.154, 159.155, 159.157
The Texas Appraiser Licensing and Certification Board
(TALCB) adopts new §§159.52, Fees, 159.154, Competency of
Appraisers, 159.155, Periodic Review of Appraisals, and 159.157, Compensation
of Appraisers. Sections 159.154, 159.155, and 159.157 are adopted
without changes to the proposed text as published in the November
11, 2011, issue of the
Texas Register
(36
TexReg 7645) and will not be republished. Section 159.52, Fees, is
adopted with the following changes: The application fee to become
registered as an appraisal management company (AMC), proposed to be
$4,000 for two years, is reduced to $3,300; the renewal fee, proposed
to be $3,600 for two years, is reduced to $3,300; the fee to be paid
per panelist on the panel of an AMC at the time of renewal, proposed
to be $20, is reduced to $10; and the fee to add a panelist, proposed
to be $20, is reduced to $10. The revisions to the rules as adopted
do not change the nature or scope so much that they could be deemed
different rules. The rules as adopted do not affect individuals other
than those contemplated by the rules as proposed. The rules as adopted
do not impose more onerous requirements than the proposed versions
and do not materially alter the issues raised in the proposed rules.
Changes in the adopted rules respond to public comments and reflect
the consideration of additional data regarding the number and size
of AMCs in Texas.
The new rules implement House Bill 1146, which enacted Chapter
1104, Texas Occupations Code (the Texas Appraisal Management Company
Registration and Regulation Act or the Act) to provide for registration
and regulation of appraisal management companies. These rules will
become effective March 5, 2012. These rules have been reviewed and
approved by the Appraisal Management Company Working Group.
New §159.52, Fees, establishes application, renewal, and other
fees in amounts sufficient for the administration of the AMC registration
program, including a base renewal fee and a fee to be paid at renewal
according to the number of panelists on an AMC's panel. Application
and renewal fees (including the fee per panelist) are based on a two-year
registration.
New §159.154, Competency of Appraisers, clarifies the requirement
to verify the competency of an appraiser, including obtaining a written
certification from the appraiser that the appraiser is competent in
the property type of the assignment, is competent in the geographical
area of the assignment, has access to appropriate data sources for
the assignment, will immediately notify the AMC if the appraiser later
determines that he or she is not qualified under subsection (a)(1),
(2), or (3) to complete the assignment, and is aware that misrepresentation
of competency is subject to the mandatory reporting requirement in §1104.160
of the Act.
New §159.155, Periodic Review of Appraisals, establishes a
requirement to perform a Standard 3 review of five percent of all
appraisals performed within a year, including one of the first five
appraisals performed by appraisers serving on a panel.
New §159.157, Compensation of Appraisers, clarifies the statutory
requirement that registrants compensate appraisers at a rate that
is customary and reasonable by requiring registrants to establish
a compensation policy in accordance with federal law, and further
prohibits registrants from requiring appraisers to sign a certification
that the fee he or she was paid is customary and reasonable.
The reasoned justification for §159.52 is that the agency
will raise sufficient revenue to fund costs of agency operations;
the reasoned justification for §§159.154, 159.155, and 159.157
is enforcement of Chapter 1104, Texas Occupations Code, in accordance
with the legislative mandate of House Bill 1146.
The TALCB received 38 comments regarding the rules as proposed,
including several commenters who raised more than one issue. The comments
are summarized as follows:
One commenter, a trade association of Texas appraisers, wrote in
support of the rules as written, recommending reevaluating the fee
structure after the initial round of registrations to ensure the adequacy
and appropriateness of the fees.
One commenter opposed the per-panelist fees in 22 TAC §159.52,
including the addition and termination fees, stating a belief that
such fees lack a statutory basis, fail to serve a legitimate purpose,
and may constitute an illegal restraint of trade. Another commenter
also alleged that the Board lacks statutory authority to charge this
fee, and a third commenter raised an objection on the basis that appraiser
panels are proprietary trade secrets and that requiring disclosure
of an AMC's panel may be an unconstitutional taking or is a violation
of privacy. The Board respectfully disagrees, as the per-panelist
fees are imposed in lieu of higher application and renewal fees as
a means of scaling such fees to the size of each registrant, and the
Board further disagrees that charging a per-panelist fee constitutes
a restraint of trade, a taking, or a violation of privacy. One commenter
also objected to the fee, in §159.52(a)(8), to return to active
status (for an AMC that goes inactive after losing its primary contact
or appraiser contact), although the basis for this objection was not
made clear. Another commenter also objected to the rule regarding
national AMC registry fees, as the registry has not yet been established.
The Board agrees that collection of such fees would be premature;
for that reason, the rule states that the Board will only collect
a fee in the amount charged by the Appraisal Subcommittee (at this
time, zero).
One commenter opposed the proposed application fee of $4,000, the
proposed renewal fee of $3,600, and the proposed per-panelist fee
of $20. Based on new data and revised estimates of the likely number
of panelists per AMC, the Board is reducing these fees to $3,300 for
application or renewal (for a two-year period) and a per-panelist
fee of $10.
One commenter suggested that the competency certification that
22 TAC §159.154 requires AMCs to obtain from appraisers at the
time of or before making an assignment is meaningless because it is
duplicative of the certification that the appraiser must sign on every
appraisal. The Board respectfully disagrees and points out that obtaining
the certification before the assignment is begun reinforces the competency
requirements at the outset of the assignment.
One commenter opposed the requirement, in 22 TAC §159.155,
to review one of the first five appraisals performed by each appraiser
on the panel and five percent of all appraisals annually, stating
that this will result in a disproportionately high number of reviews
of appraisals performed by appraisers who may only perform one appraisal
for the AMC in a year. The Board respectfully disagrees with this
analysis; in fact, the requirement to review one of the first five
appraisals means that an AMC would not have to review any appraisals
for a given appraiser until that appraiser has performed five appraisals
for the AMC, even if takes more than one year to reach that point.
Ten commenters expressed support for the requirement in §1104.157,
Texas Occupations Code, and 22 TAC §159.157 to pay customary
and reasonable fees. Six more commenters urged the Board to set a
minimum fee for appraisals. The Board respectfully declines to set
a minimum fee, as the retirement that AMCs pay fees that are customary
and reasonable is based on federal law, which outlines two methods
of establishing customary and reasonable fees, and the determination
of whether a fee is customary and reasonable may depend on the parameters
of the assignment. Four commenters stated that fees should reflect
the requirements of each assignment. The Board agrees that, in evaluating
whether a fee is customary and reasonable, the complexity and other
unique factors related to the assignment will generally affect what
fee is considered ''customary and reasonable.''
One commenter opposes the prohibition, in 22 TAC §159.157(d),
against requiring appraisers to sign a certification that the fee
they are paid for an assignment is customary and reasonable, stating
that such a prohibition would put AMCs at a disadvantage when contracting
with appraisers for assignments. However, as federal law states that
such a certification does not by itself create a presumption that
the fee was customary and reasonable, the Board believes that such
certifications do not serve a valid purpose and should be prohibited.
One commenter expressed concern about the record-keeping requirements
of the new AMC regulations, although he did not articulate the specific
nature of his concern. The Board does not believe that these rules
impose onerous record-keeping requirements.
Four commenters expressed concern regarding unreasonable turnaround
times requested by AMCs. The Board notes that this issue is already
addressed in §1104.203(18)(B) of the Texas Occupations Code,
which prohibits a registrant from requiring an appraiser to prepare
an appraisal report under a schedule that the appraiser, in the appraiser's
own professional judgment, believes does not afford the appraiser
the ability to meet all of the relevant legal and professional obligations
if the appraiser has notified the company of this belief.
Eleven commenters generally expressed dissatisfaction with AMCs
without expressing a position on the proposed rules.
The Board also conducted a survey of approximately 1,100 appraisers
and 38 AMCs, seeking general information regarding the mechanics of
appraiser panels, including the number of appraisers on an average
AMC panel and the number of panels on which the average appraiser
serves. The results of the survey were the basis for the reduced registration
fees in 22 TAC §159.52.
The new sections are adopted under the Texas Occupations
Code, §1104.051, Rules, and §1104.052, Fees.
The statute affected by this adoption is Texas Occupations Code,
Chapter 1104. No other statute, code, or article is affected by the
new sections.
§159.52.Fees.
(a)
The Board shall charge and the commissioner shall
collect the following fees:
(1)
a fee of $3,300 for an application for a two-year
registration;
(2)
a fee of $3,300 for a timely renewal of a two-year
registration;
(3)
a fee equal to 1-1/2 times the timely renewal fee
for the late renewal of a registration within 90 days of expiration;
a fee equal to two times the timely renewal fee for the late renewal
of a registration more than 90 days but less than six months after
expiration;
(4)
the national registry fee in the amount charged
by the Appraisal Subcommittee for the appraisal management company
registry;
(5)
a fee of $10 for each appraiser on a panel at the
time of renewal of a registration;
(6)
a fee of $10 to add an appraiser to a panel in
the Board's records;
(7)
a fee of $10 for the termination of an appraiser
from a panel;
(8)
a fee of $50 to return to active status;
(9)
a fee of $40 for providing each licensure history;
(10)
a fee for a returned check equal to that charged
for a returned check by the Texas Real Estate Commission;
(11)
a fee of $20 for filing any application, renewal,
change request, or other record on paper when the person may otherwise
file electronically by accessing the Board's website and entering
the required information online; and
(12)
any fee required by the Department of Information
Resources for establishing and maintaining online applications.
(b)
Fees must be submitted in U.S. funds payable to
the order of the Texas Appraiser Licensing and Certification Board.
Fees are not refundable once an application has been accepted for
filing. Persons who have submitted a check which has been returned,
and who have not made good on that check within 30 days, for whatever
reason, shall submit all future fees in the form of a cashier's check
or money order.
(c)
AMCs registered with the Board shall pay any annual
registry fee as required under federal law. All registry fees collected
by the Board shall be deposited in the Texas Treasury Safekeeping
Trust Company to the credit of the appraiser registry fund. The Board
shall send the fees to the Appraisal Subcommittee as required by federal
law.
This agency hereby certifies that the adoption has
been reviewed by legal counsel and found to be a valid exercise of
the agency's legal authority.
Filed with the Office
of the Secretary of State on January 13, 2012.
TRD-201200164
Devon V. Bijansky
General Counsel
Texas Appraiser Licensing and Certification Board
Effective date: March 5, 2012
Proposal publication date: November 11, 2011
For further information, please call: (512) 936-3001
Chapter 361.
ADMINISTRATION
Subchapter A. GENERAL PROVISIONS
22 TAC §361.1
INTRODUCTION. The Texas State Board of Plumbing Examiners
adopts amendments to §361.1, concerning Definitions, without
changes to the proposed text as published in the October 28, 2011,
issue of the
Texas Register
(36 TexReg
7246).
REASONED JUSTIFICATION. The amendments to §361.1 are in response
to amendments made to §1301.002(9-a)(E) and §1301.3576,
as amended by House Bill (HB) 2376, 82nd Legislature, Regular Session,
which require a Master Plumber to present evidence, satisfactory to
the Board, of successful completion of a training program approved
or administered by the Board regarding the laws and rules applicable
to the operation of a plumbing business in this state, before working
as a Responsible Master Plumber. HB 2376 provides an exemption to
the requirement for any Responsible Master Plumber who has a Certificate
of Insurance on file with the Board on January 1, 2012, that is effective
for that date.
The amendments to §361.1 essentially reflect the language
in §1301.002(9-a)(E), as amended by HB 2376.
COMMENTS RECEIVED. Two comments were received regarding the proposed
amendments during the comment period. Both comments were opposed to
the amendments. The comments were received from Master Plumbers Fallon
L. Foster and Howard Bruce Hudeck.
STATUTORY AUTHORITY. The amendments to §361.1 are
adopted under and affect Title 8, Chapter 1301, Texas Occupations
Code ("Plumbing License Law" or "Law") as amended by HB 2376, the
82nd Legislature, Regular Session, §§1301.251, 1301.002(9-a),
1301.3576 and the rule it amends. Section 1301.251 requires the Board
to adopt and enforce rules necessary to administer the Plumbing License
Law. Section 1301.002(9-a) defines a Responsible Master Plumber as
a person who has completed a training program as required by §1301.3576.
Section 1301.3576 requires a Master Plumber to complete a training
program applicable to the operation of a plumbing business in this
state prior to working as a Responsible Master Plumber.
No other statute, article or code is affected by the adopted amendments.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office
of the Secretary of State on January 17, 2012.
TRD-201200172
Lisa G. Hill
Executive Director
Texas State Board of Plumbing Examiners
Effective date: February 6, 2012
Proposal publication date: October 28, 2011
For further information, please call: (512) 936-5224
22 TAC §363.6
INTRODUCTION. The Texas State Board of Plumbing Examiners
adopts amendments to §363.6, concerning Non-Standard Examination
Accommodations, without changes to the proposed text as published
in the October 28, 2011, issue of the
Texas
Register
(36 TexReg 7250).
REASONED JUSTIFICATION. The adopted amendments are necessary to
implement Senate Bill (SB) 867, 82nd Legislature, Regular Session,
which requires occupational licensing agencies to adopt rules to ensure
that examination applicants who have been diagnosed with dyslexia
are provided reasonable examination accommodations. The adopted amendments
establish a procedure for examination applicants who have been diagnosed
with dyslexia, or other condition which require special needs, to
request non-standard examination accommodations.
COMMENTS RECEIVED. No comments were received regarding the proposed
amendments after publication in the
Texas
Register.
STATUTORY AUTHORITY. The amendments to §363.6 are
adopted under and affect SB 867, 82nd Legislature, Regular Session,
and Title 8, Chapter 1301, Texas Occupations Code ("Plumbing License
Law" or "Law") as amended during the 82nd Legislature, Regular Session.
SB 867 requires each occupational licensing agency to adopt rules
to ensure that examination applicants who have been diagnosed with
dyslexia are provided reasonable examination accommodations. Section
1301.251 of the Plumbing License Law requires the Board to adopt and
enforce rules necessary to administer the Plumbing License Law.
No other statute, article or code is affected by the amendments.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office
of the Secretary of State on January 17, 2012.
TRD-201200173
Lisa G. Hill
Executive Director
Texas State Board of Plumbing Examiners
Effective date: February 6, 2012
Proposal publication date: October 28, 2011
For further information, please call: (512) 936-5224
22 TAC §363.11
INTRODUCTION. The Texas State Board of Plumbing Examiners
adopts amendments to §363.11, concerning Endorsement Training
Programs, without changes to the proposed text as published in the
October 28, 2011, issue of the
Texas Register
(36
TexReg 7251).
REASONED JUSTIFICATION. The amendments to §363.11 are adopted,
in part, in response to amendments made to §1301.3565 of the
Plumbing License Law by House Bill (HB) 2376, 82nd Legislature, Regular
Session. HB 2376 prohibits any person from designing a multipurpose
residential fire protection sprinkler system, unless the person holds
a Master Plumber license with a Multipurpose Residential Fire Protection
Sprinkler Specialist endorsement on the license. The amendments to §363.11
are also adopted under §1301.3565(f), which authorizes a Plumbing
Inspector licensed by the Board who meets the requirements of the
Board to inspect a multipurpose residential fire protection sprinkler
system installation.
The amendments to §363.11 require a licensed Plumbing Inspector
to complete the Multipurpose Residential Fire Protection Sprinkler
Specialist endorsement training program prior to qualifying to take
the Multipurpose Residential Fire Protection Sprinkler System Inspector
examination. A licensed Plumbing Inspector who successfully passes
the examination may inspect multipurpose residential fire protection
sprinkler system installations.
The amendments to §363.11 also allow a person who holds a
valid Master or Journeyman Plumber license issued by the Board and
a valid RME-General or RME-Dwelling license issued by the State Fire
Marshal's Office, Texas Department of Insurance, to qualify to take
the Multipurpose Residential Fire Protection Sprinkler Specialist
endorsement examination without completing the Multipurpose Residential
Fire Protection Sprinkler Specialist Endorsement training program.
The requirements to obtain a RME-General or RME-Dwelling license are
substantial enough to negate the need to complete the training program
when the applicant also holds a Master or Journeyman Plumber license.
COMMENTS RECEIVED. No comments were received regarding the proposed
amendment after publication in the
Texas
Register.
STATUTORY AUTHORITY. The amendments to §363.11 are
adopted under and affect Title 8, Chapter 1301, Texas Occupations
Code ("Plumbing License Law" or "Law") as amended by HB 2376, the
82nd Legislature, Regular Session, §1301.251, §1301.3565
and the rule it amends. Section 1301.251 requires the Board to adopt
and enforce rules necessary to administer the Plumbing License Law.
Section 1301.3565 authorizes a Plumbing Inspector licensed by the
Board who meets the requirements of the Board to inspect a multipurpose
residential fire protection sprinkler system installation.
No other statute, article or code is affected by the amendments.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office
of the Secretary of State on January 17, 2012.
TRD-201200174
Lisa G. Hill
Executive Director
Texas State Board of Plumbing Examiners
Effective date: February 6, 2012
Proposal publication date: October 28, 2011
For further information, please call: (512) 936-5224
22 TAC §363.13
INTRODUCTION. The Texas State Board of Plumbing Examiners
adopts new §363.13, concerning Training Program for Responsible
Master Plumber Applicants, without changes to the proposed text as
published in the October 28, 2011, issue of the
Texas Register
(36 TexReg 7253).
REASONED JUSTIFICATION. The new §363.13 is adopted in response
to amendments made to §1301.002(9-a)(E) and §1301.3576,
by House Bill (HB) 2376, 82nd Legislature, Regular Session, which
require a Master Plumber to present evidence, satisfactory to the
Board, of successful completion of a training program approved or
administered by the Board regarding the laws and rules applicable
to the operation of a plumbing business in this state, before working
as a Responsible Master Plumber.
The new rule reflects an exemption from the requirements provided
in HB 2376 for any Responsible Master Plumber who has a Certificate
of Insurance on file with the Board on January 1, 2012, that is effective
for that date.
The new rule sets forth the criteria for a minimum 24 hour training
program to be provided by Course Providers who are approved by the
Board to provide Continuing Professional Education, under Board Rule §365.14.
The criteria are general in nature, in order to provide certain flexibility
within each subject to the Course Providers. The new rule also allows
an approved Course Provider to utilize another government and/or education
entity, such as the Small Business Administration, to provide the
instruction through the Course Provider.
COMMENTS RECEIVED. Two comments were received regarding the proposed
rule during the comment period. Both comments were opposed to the
rule. The comments were received from Master Plumbers Fallon L. Foster
and Howard Bruce Hudeck.
STATUTORY AUTHORITY. The new §363.13 is adopted
under and affects Title 8, Chapter 1301, Texas Occupations Code ("Plumbing
License Law" or "Law") as amended by HB 2376, the 82nd Legislature,
Regular Session, §§1301.251, 1301.002(9-a), and 1301.3576.
Section 1301.251 requires the Board to adopt and enforce rules necessary
to administer the Plumbing License Law. Section 1301.002(9-a) defines
a Responsible Master Plumber as a person who has completed a training
program as required by §1301.3576. Section 1301.3576 requires
a Master Plumber to complete a training program applicable to the
operation of a plumbing business in this state prior to working as
a Responsible Master Plumber.
No other statute, article or code is affected by the rule.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office
of the Secretary of State on January 17, 2012.
TRD-201200175
Lisa G. Hill
Executive Director
Texas State Board of Plumbing Examiners
Effective date: February 6, 2012
Proposal publication date: October 28, 2011
For further information, please call: (512) 936-5224
22 TAC §365.15
INTRODUCTION. The Texas State Board of Plumbing Examiners
adopts new §365.15, concerning Alternative Licensing Procedures
for Military Spouse, with changes to the proposed text as published
in the October 28, 2011, issue of the
Texas
Register
(36 TexReg 7255). Changes in the adopted rule reflect
non-substantive variations from the proposal.
REASONED JUSTIFICATION. The new rule is necessary to implement
Senate Bill (SB) 1733, 82nd Legislature, Regular Session, relating
to the licensing of certain military spouses. SB 1733 amended Texas
Occupations Code, Chapter 55, to require state agencies that issue
occupational licenses to adopt rules to provide for the issuance of
a license to an applicant who is the spouse of a person serving on
active duty as a member of the armed forces of the United States.
The applicant must either hold a current license issued by another
state that has licensing requirements that are substantially equivalent
to the requirements for the Texas license or within the five years
preceding the application date held a license in Texas that expired
while the applicant lived in another state for at least six months.
The state agency rules must include provisions to allow for alternative
demonstrations of competency to meet the requirements for obtaining
a license. The bill also allows a state agency to issue a license
by endorsement. The new rule is necessary to implement these new statutory
requirements under Chapter 55.
The new §365.15 establishes who qualifies to apply for a license
under this section, states the requirements for applying for a license
under this section, provides an explanation of what qualifies as the
standard method of demonstrating competency to obtain a license, and
lists the alternative methods for demonstrating competency to obtain
a license issued by the Board under this section.
COMMENTS RECEIVED. No comments were received regarding the proposed
new rule after publication in the
Texas Register.
STATUTORY AUTHORITY. The new §365.15 is adopted
under and affects SB 1733, 82nd Legislature, Regular Session, and
Title 8, Chapter 1301, Texas Occupations Code ("Plumbing License Law"
or "Law") as amended during the 82nd Legislature, Regular Session.
SB 1733 requires each occupational licensing agency to adopt rules
to provide for the issuance of a license to an applicant who is the
spouse of a person serving on active duty as a member of the armed
forces of the United States. Section 1301.251 of the Plumbing License
Law requires the Board to adopt and enforce rules necessary to administer
the Plumbing License Law.
No other statute, article or code is affected by the new rule.
§365.15.Alternative Licensing Procedures for Military Spouse.
(a)
This section applies to an applicant who is the
spouse of a person serving on active duty as a member of the armed
forces of the United States.
(b)
The Board may issue a license to an applicant described
under subsection (a) of this section who:
(1)
holds a current license issued by another state
that has licensing requirements that are substantially equivalent
to the requirements for the license; or
(2)
within the five years preceding the application
date held the license in this state that expired while the applicant
lived in another state for at least six months.
(c)
The Board may allow an applicant described under
subsection (b) of this section to demonstrate competency by alternative
methods in order to meet the requirements for obtaining a particular
license issued by the Board. For purposes of this section, the standard
method of demonstrating competency is the specific exam, education,
and/or experience required to obtain a particular license.
(d)
In lieu of the standard method(s) of demonstrating
competency for a particular license, and based on the applicant's
circumstances, the alternative methods for demonstrating competency
may include any combination of the following as determined by the
Board:
(1)
education;
(2)
continuing education;
(3)
examinations (written and/or practical);
(4)
letters of good standing;
(5)
letters of recommendation;
(6)
work experience; or
(7)
other methods required by the executive director.
(e)
The executive director may issue a license by endorsement
in the same manner as the commission under Texas Occupations Code, §51.404
to an applicant described under subsection (b) of this section.
(f)
The applicant described under subsection (b) of
this section shall submit an application and proof of the requirements
under this section and for that particular license on a form and in
a manner prescribed by the Board.
(g)
The applicant described under subsection (b) of
this section shall submit the applicable fee(s) required for that
particular license.
This agency hereby certifies that the adoption has
been reviewed by legal counsel and found to be a valid exercise of
the agency's legal authority.
Filed with the Office
of the Secretary of State on January 17, 2012.
TRD-201200176
Lisa G. Hill
Executive Director
Texas State Board of Plumbing Examiners
Effective date: February 6, 2012
Proposal publication date: October 28, 2011
For further information, please call: (512) 936-5224
22 TAC §367.2
INTRODUCTION. The Texas State Board of Plumbing Examiners
adopts amendments to §367.2, concerning Standards of Conduct,
without changes to the proposed text as published in the October 28,
2011, issue of the
Texas Register
(36
TexReg 7256).
REASONED JUSTIFICATION. The amendments to §367.2 are necessary
under the Plumbing License Law, §1301.3565(f), which authorizes
a Plumbing Inspector licensed by the Board who meets the requirements
of the Board to inspect a multipurpose residential fire protection
sprinkler system installation.
The adopted amendments to §367.2 require a licensed Plumbing
Inspector to complete the Multipurpose Residential Fire Protection
Sprinkler Specialist Endorsement training program and successfully
pass the Multipurpose Residential Fire Protection Sprinkler System
Inspector examination prior to inspecting multipurpose residential
fire protection sprinkler system installations.
COMMENTS RECEIVED. No comments were received regarding the proposed
amendments after publication in the
Texas
Register.
STATUTORY AUTHORITY. The amendments to §367.2 are
adopted under and affect Title 8, Chapter 1301, Texas Occupations
Code ("Plumbing License Law" or "Law,") as amended during the 82nd
Legislature, Regular Session, §1301.251, §1301.3565 and
the rule it amends. Section 1301.251 requires the Board to adopt and
enforce rules necessary to administer the Plumbing License Law. Section
1301.3565 authorizes a Plumbing Inspector licensed by the Board who
meets the requirements of the Board to inspect a multipurpose residential
fire protection sprinkler system installation.
No other statute, article or code is affected by the amendments.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office
of the Secretary of State on January 17, 2012.
TRD-201200177
Lisa G. Hill
Executive Director
Texas State Board of Plumbing Examiners
Effective date: February 6, 2012
Proposal publication date: October 28, 2011
For further information, please call: (512) 936-5224
22 TAC §367.3
INTRODUCTION. The Texas State Board of Plumbing Examiners
adopts amendments to §367.3, concerning Requirements for Plumbing
Companies, Responsible Master Plumbers; Certificate of Insurance,
without changes to the proposed text as published in the October 28,
2011, issue of the
Texas Register
(36
TexReg 7257).
REASONED JUSTIFICATION. The amendments to §367.3 are adopted,
in part, in response to amendments made to §1301.002(9-a)(E)
and §1301.3576, by House Bill (HB) 2376, 82nd Legislature, Regular
Session, which require a Master Plumber to present evidence, satisfactory
to the Board, of successful completion of a training program approved
or administered by the Board regarding the laws and rules applicable
to the operation of a plumbing business in this state, before working
as a Responsible Master Plumber.
The amendments reflect an exemption from the Master Plumber training
requirements provided in HB 2376 for any Responsible Master Plumber
who has a Certificate of Insurance on file with the Board on January
1, 2012, that is effective for that date.
The amendments to §367.3 are also necessary in part, in response
to amendments made to §1301.3565 of the Plumbing License Law
by HB 2376, 82nd Legislature, Regular Session. HB 2376 prohibits any
person from designing a multipurpose residential fire protection sprinkler
system, unless the person holds a Master Plumber license with a Multipurpose
Residential Fire Protection Sprinkler Specialist endorsement on the
license. The amendments require that a Master Plumber with a Multipurpose
Residential Fire Protection Sprinkler Specialist endorsement who designs
a multipurpose residential fire protection sprinkler system to obtain
a seal and affix the seal to designed plans. The amendments specify
the design of the seal and use of the seal. The amendments also require
the designer to sign and date the designed plans.
COMMENTS RECEIVED. Two comments were received regarding the proposed
amendment during the comment period. Both comments were opposed to
the amendments. The comments were received from Master Plumbers Fallon
L. Foster and Howard Bruce Hudeck.
STATUTORY AUTHORITY. The amendments to §367.3 are
adopted under and affect Title 8, Chapter 1301, Texas Occupations
Code ("Plumbing License Law" or "Law,") as amended by HB 2376, the
82nd Legislature, Regular Session, §§1301.251, 1301.002(9-a),
1301.3576, 1301.3565 and the rule it amends. Section 1301.251 requires
the Board to adopt and enforce rules necessary to administer the Plumbing
License Law. Section 1301.002(9-a) defines a Responsible Master Plumber
as a person who has completed a training program as required by §1301.3576.
Section 1301.3576 requires a Master Plumber to complete a training
program applicable to the operation of a plumbing business in this
state prior to working as a Responsible Master Plumber. Section 1301.3565
requires a multipurpose residential fire protection sprinkler system
to be designed only by a Master Plumber with a Multipurpose Residential
Fire Protection Sprinkler Specialist endorsement. The amendments are
also proposed under Texas Government Code §2006.002, as amended
by the 80th Legislature, HB 3430, which requires an agency to perform
an Economic Impact Statement and Regulatory Flexibility Analysis if
a proposed rule could have an adverse economic impact on small businesses.
No other statute, article or code is affected by the proposed amendments.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office
of the Secretary of State on January 17, 2012.
TRD-201200178
Lisa G. Hill
Executive Director
Texas State Board of Plumbing Examiners
Effective date: February 6, 2012
Proposal publication date: October 28, 2011
For further information, please call: (512) 936-5224
Chapter 515.
LICENSES
22 TAC §515.11
The Texas State Board of Public Accountancy adopts
an amendment to §515.11, concerning Exemption from Payment of
the Professional Fee for Other than State of Texas Government Employees,
without changes to the proposed text as published in the December
2, 2011, issue of the
Texas Register
(36
TexReg 8130) and will not be republished.
The amendment will delete the requirement for a licensee qualifying
for the exemption from the professional fee related to their employment
with a federal, county or municipal government of another state to
submit a notarized affidavit with their statement of exemption.
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.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office
of the Secretary of State on January 20, 2012.
TRD-201200232
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: February 9, 2012
Proposal publication date: December 2, 2011
For further information, please call: (512) 305-7842
22 TAC §515.12
The Texas State Board of Public Accountancy adopts
an amendment to §515.12, concerning Exemption from Payment of
the Professional Fee for State of Texas Employees, without changes
to the proposed text as published in the December 2, 2011, issue of
the
Texas Register
(36 TexReg 8130)
and will not be republished.
The amendment will delete the requirement for a licensee qualifying
for the exemption from the professional fee related to their employment
with the State of Texas to submit a notarized affidavit with their
statement of exemption.
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.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office
of the Secretary of State on January 20, 2012.
TRD-201200233
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: February 9, 2012
Proposal publication date: December 2, 2011
For further information, please call: (512) 305-7842
Subchapter A. GENERAL PROVISIONS
22 TAC §519.1
The Texas State Board of Public Accountancy adopts
an amendment to §519.1, concerning Purpose and Scope, without
changes to the proposed text as published in the December 2, 2011,
issue of the
Texas Register
(36 TexReg
8131) and will not be republished.
The amendment will replace terms with acronyms that have been defined
in §501.55.
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.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office
of the Secretary of State on January 20, 2012.
TRD-201200234
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: February 9, 2012
Proposal publication date: December 2, 2011
For further information, please call: (512) 305-7842
22 TAC §519.2
The Texas State Board of Public Accountancy adopts
an amendment to §519.2, concerning Definitions, without changes
to the proposed text as published in the December 2, 2011, issue of
the
Texas Register
(36 TexReg 8132)
and will not be republished.
The amendment will replace terms with acronyms that have been defined
and adds the definition of petitioner, which is a term used in this
chapter and defines the term respondent to include "licensee, certified
holder, individual or entity".
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.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office
of the Secretary of State on January 20, 2012.
TRD-201200235
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: February 9, 2012
Proposal publication date: December 2, 2011
For further information, please call: (512) 305-7842
22 TAC §519.4
The Texas State Board of Public Accountancy adopts
an amendment to §519.4, concerning Conduct and Decorum, without
changes to the proposed text as published in the December 2, 2011,
issue of the
Texas Register
(36 TexReg
8133) and will not be republished.
The amendment will add the term person to better identify those
affected by the rule.
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.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office
of the Secretary of State on January 20, 2012.
TRD-201200236
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: February 9, 2012
Proposal publication date: December 2, 2011
For further information, please call: (512) 305-7842
22 TAC §519.5
The Texas State Board of Public Accountancy adopts
an amendment to §519.5, concerning Ex Parte Consultations, without
changes to the proposed text as published in the December 2, 2011,
issue of the
Texas Register
(36 TexReg
8134) and will not be republished.
The amendment will clarify that committee members and employees
of the board do not render decisions and that the prohibition on ex
parte communications extends to state agencies and persons.
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.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office
of the Secretary of State on January 20, 2012.
TRD-201200237
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: February 9, 2012
Proposal publication date: December 2, 2011
For further information, please call: (512) 305-7842
22 TAC §519.6
The Texas State Board of Public Accountancy adopts
an amendment to §519.6, concerning Subpoenas, without changes
to the proposed text as published in the December 2, 2011, issue of
the
Texas Register
(36 TexReg 8134)
and will not be republished.
The amendment will better define who may be subpoenaed 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.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office
of the Secretary of State on January 20, 2012.
TRD-201200238
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: February 9, 2012
Proposal publication date: December 2, 2011
For further information, please call: (512) 305-7842
22 TAC §519.7
The Texas State Board of Public Accountancy adopts
an amendment to §519.7, concerning Misdemeanors that Subject
a Licensee or Certificate Holder to Discipline by the Board, without
changes to the proposed text as published in the December 2, 2011,
issue of the
Texas Register
(36 TexReg
8135) and will not be republished.
The amendment reformats the rule so that it is easier to read,
adds new offenses, deletes those offenses currently covered under §501.90(4)
as felony offenses and places licensees and certificate holders on
notice that the listed misdemeanors are considered to reflect a question
of integrity, morality and honesty.
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.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office
of the Secretary of State on January 20, 2012.
TRD-201200239
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: February 9, 2012
Proposal publication date: December 2, 2011
For further information, please call: (512) 305-7842
22 TAC §519.10
The Texas State Board of Public Accountancy adopts
an amendment to §519.10, concerning Cooperation with Regulatory
Bodies, without changes to the proposed text as published in the December
2, 2011, issue of the
Texas Register
(36
TexReg 8139) and will not be republished.
The amendment will delete unnecessary words and add a reference
to the 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.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office
of the Secretary of State on January 20, 2012.
TRD-201200240
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: February 9, 2012
Proposal publication date: December 2, 2011
For further information, please call: (512) 305-7842
22 TAC §519.11
The Texas State Board of Public Accountancy adopts
new §519.11, concerning Emergency Suspension, without changes
to the proposed text as published in the December 2, 2011, issue of
the
Texas Register
(36 TexReg 8140)
and will not be republished.
New §519.11, which replaces §519.43, moves the rule from
Subchapter C to Subchapter A of this chapter and clarifies that licensees
and certificate holders are affected by the rule.
No comments were received regarding adoption of the amendment.
The new rule 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.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office
of the Secretary of State on January 20, 2012.
TRD-201200241
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: February 9, 2012
Proposal publication date: December 2, 2011
For further information, please call: (512) 305-7842
22 TAC §519.20
The Texas State Board of Public Accountancy adopts
an amendment to §519.20, concerning Complaints, without changes
to the proposed text as published in the December 2, 2011, issue of
the
Texas Register
(36 TexReg 8141)
and will not be republished.
The amendment will correct terms that should be lowercase, provide
guidance to the public bringing a complaint against a CPA violating
the Act and clarify that licensees and certificate holders are included
in this rule.
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.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office
of the Secretary of State on January 20, 2012.
TRD-201200242
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: February 9, 2012
Proposal publication date: December 2, 2011
For further information, please call: (512) 305-7842
22 TAC §519.21
The Texas State Board of Public Accountancy adopts
an amendment to §519.21, concerning Investigations, without changes
to the proposed text as published in the December 2, 2011, issue of
the
Texas Register
(36 TexReg 8142)
and will not be republished.
The amendment corrects terms that should be lowercase and clarifies
that the rule affects licensees and certificate holders.
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.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office
of the Secretary of State on January 20, 2012.
TRD-201200243
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: February 9, 2012
Proposal publication date: December 2, 2011
For further information, please call: (512) 305-7842
22 TAC §519.22
The Texas State Board of Public Accountancy adopts
an amendment to §519.22, concerning Committee Considerations,
without changes to the proposed text as published in the December
2, 2011, issue of the
Texas Register
(36
TexReg 8143) and will not be republished.
The amendment corrects terms that should be lowercase.
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.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office
of the Secretary of State on January 20, 2012.
TRD-201200244
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: February 9, 2012
Proposal publication date: December 2, 2011
For further information, please call: (512) 305-7842
22 TAC §519.23
The Texas State Board of Public Accountancy adopts
an amendment to §519.23, concerning Informal Conferences, without
changes to the proposed text as published in the December 2, 2011,
issue of the
Texas Register
(36 TexReg
8144) and will not be republished.
The amendment will correct terms that should be lowercase.
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.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office
of the Secretary of State on January 20, 2012.
TRD-201200245
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: February 9, 2012
Proposal publication date: December 2, 2011
For further information, please call: (512) 305-7842
22 TAC §519.24
The Texas State Board of Public Accountancy adopts
an amendment to §519.24, concerning Committee Recommendations,
without changes to the proposed text as published in the December
2, 2011, issue of the
Texas Register
(36
TexReg 8144) and will not be republished.
The amendment will correct terms that should be lowercase, add
a reference to the Act, and add violations of board rules and board
orders to subsection (a).
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.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office
of the Secretary of State on January 20, 2012.
TRD-201200246
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: February 9, 2012
Proposal publication date: December 2, 2011
For further information, please call: (512) 305-7842
22 TAC §519.25
The Texas State Board of Public Accountancy adopts
an amendment to §519.25, concerning Mediation and Alternative
Dispute Resolution, without changes to the proposed text as published
in the December 2, 2011, issue of the
Texas
Register
(36 TexReg 8145) and will not be republished.
The amendment will correct a term that should be lowercase.
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.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office
of the Secretary of State on January 20, 2012.
TRD-201200247
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: February 9, 2012
Proposal publication date: December 2, 2011
For further information, please call: (512) 305-7842
22 TAC §519.40
The Texas State Board of Public Accountancy adopts
an amendment to §519.40, concerning General Provisions, without
changes to the proposed text as published in the December 2, 2011,
issue of the
Texas Register
(36 TexReg
8147) and will not be republished.
The amendment will add a reference to the 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.
This agency hereby certifies that the adoption 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 January 20, 2012.
TRD-201200248
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: February 9, 2012
Proposal publication date: December 2, 2011
For further information, please call: (512) 305-7842
22 TAC §519.41
The Texas State Board of Public Accountancy adopts
an amendment to §519.41, concerning Disciplinary Powers of the
Board, without changes to the proposed text as published in the December
2, 2011, issue of the
Texas Register
(36
TexReg 8147) and will not be republished.
The amendment deletes unnecessary words, adds references to the
Act, replaces accounting terms with acronyms that have been defined
in §501.55, and adds the term certificate holder as someone affected
by this rule.
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.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office
of the Secretary of State on January 20, 2012.
TRD-201200249
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: February 9, 2012
Proposal publication date: December 2, 2011
For further information, please call: (512) 305-7842
22 TAC §519.42
The Texas State Board of Public Accountancy adopts
new §519.42, concerning Administrative Hearings, without changes
to the proposed text as published in the December 2, 2011, issue of
the
Texas Register
(36 TexReg 8149)
and will not be republished.
New §519.42 will require respondents to file an answer within
20 days of receiving a notice of hearing and complaint with SOAH in
order to avoid a default judgment.
No comments were received regarding adoption of the new rule.
The new rule 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.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office
of the Secretary of State on January 20, 2012.
TRD-201200250
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: February 9, 2012
Proposal publication date: December 2, 2011
For further information, please call: (512) 305-7842
22 TAC §519.43
The Texas State Board of Public Accountancy adopts
the repeal of §519.43, concerning Emergency Suspension, without
changes to the proposal as published in the December 2, 2011, issue
of the
Texas Register
(36 TexReg 8150)
and will not be republished.
The repeal of §519.43 is necessary to relocate the rule to
Subchapter A, §519.11.
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.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office
of the Secretary of State on January 20, 2012.
TRD-201200251
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: February 9, 2012
Proposal publication date: December 2, 2011
For further information, please call: (512) 305-7842
22 TAC §519.71
The Texas State Board of Public Accountancy adopts
an amendment to §519.71, concerning Exceptions and Replies, without
changes to the proposed text as published in the December 2, 2011,
issue of the
Texas Register
(36 TexReg
8150) and will not be republished.
The amendment will correct terms that should be lowercase.
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.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office
of the Secretary of State on January 20, 2012.
TRD-201200252
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: February 9, 2012
Proposal publication date: December 2, 2011
For further information, please call: (512) 305-7842
22 TAC §519.72
The Texas State Board of Public Accountancy adopts
an amendment to §519.72, concerning Final Decisions and Orders,
without changes to the proposed text as published in the December
2, 2011, issue of the
Texas Register
(36
TexReg 8151) and will not be republished.
The amendment will delete unnecessary words and add acronyms that
have been defined in §519.2.
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.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office
of the Secretary of State on January 20, 2012.
TRD-201200253
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: February 9, 2012
Proposal publication date: December 2, 2011
For further information, please call: (512) 305-7842
22 TAC §519.91
The Texas State Board of Public Accountancy adopts
an amendment to §519.91, concerning Judicial Review, without
changes to the proposed text as published in the December 2, 2011,
issue of the
Texas Register
(36 TexReg
8152) and will not be republished.
The amendment will delete the term title and replace it with chapter.
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.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office
of the Secretary of State on January 20, 2012.
TRD-201200254
J. Randel (Jerry) Hill
General Counsel
Texas State Board of Public Accountancy
Effective date: February 9, 2012
Proposal publication date: December 2, 2011
For further information, please call: (512) 305-7842
Chapter 159.
RULES RELATING TO THE PROVISIONS OF THE TEXAS APPRAISAL MANAGEMENT COMPANY REGISTRATION AND REGULATION ACT
Part 17.
TEXAS STATE BOARD OF PLUMBING EXAMINERS
Chapter 363.
EXAMINATIONS
Chapter 365.
LICENSING AND REGISTRATION
Chapter 367.
ENFORCEMENT
Part 22.
TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY
Chapter 519.
PRACTICE AND PROCEDURE
Subchapter B. COMPLAINTS AND INVESTIGATIONS
Subchapter C. PROCEEDINGS AT SOAH
Subchapter D. PROCEDURES AFTER HEARING
Subchapter E. POST BOARD ORDER PROCEDURES