TITLE 30. ENVIRONMENTAL QUALITY

PART 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

CHAPTER 30. OCCUPATIONAL LICENSES AND REGISTRATIONS

The Texas Commission on Environmental Quality (TCEQ, agency, or commission) proposes the amendments to §§30.7, 30.24, 30.26, 30.30, 30.33, 30.192, 30.317, 30.340, 30.355, 30.390, 30.392, and 30.400.

Background and Summary of the Factual Basis for the Proposed Rules

Legislative Implementation

House Bill (HB) 1237 amended Texas Water Code (TWC), §37.006, to allow individuals additional time to renew any license or registration up to 180 days past expiration. The bill allows TCEQ to charge up to 1.5 times the normal fee to renew a license or registration that is up to 90 days past expiration and up to two times the normal renewal fee to renew a license or registration that is more than 90 days but not more than 180 days past expiration. Previously, the statute only allowed an individual to renew their license up to 30 days past the expiration date and allowed a licensing agency to charge up to 1.5 times the normal fee. TCEQ proposes setting the renewal fees for 1.5 times the normal fee and 2 times the normal fee for license and registration applications that are submitted up to 90- and 180-days past expiration respectively.

HB 5629 amended Texas Occupations Code (TOC) Chapter 55, Licensing of Military Service Members, Military Veterans, and Military Spouses, specifically the reciprocal process for military service members, veterans, and military spouses with an occupational license from another state seeking an occupational license in Texas. The review process for reciprocal licenses will be based on whether the license in the other state is similar in scope of practice to a license in Texas, regardless of whether the requirements are substantially equivalent to Texas or how the license was obtained. A military member, veteran, or military spouse, applying for a reciprocal license in Texas, would need to provide supporting documentation to prove that he or she is in good standing with the state from which he or she holds a license by submitting a notarized affidavit. HB 5629 gives TCEQ 10 days to respond to an applicant as to whether they qualify for the reciprocal license, the application is incomplete, or the agency is unable to recognize the applicant's out-of-state license. HB 5629 also requires TCEQ to waive the application fee for all military service members, veterans, or military spouses' applications for a new or reciprocal license. HB 5629 also requires TCEQ to maintain a record of complaints made against military service members, veterans, or military spouses with reciprocal licenses and publish these complaints quarterly on the agency's website.

SB 1818 amended TOC Chapter 55, Licensing of Military Service Members, Military Veterans, and Military Spouses, by requiring state licensing authorities to promptly issue a provisional license or license to military members, veterans, and military spouses who apply for a reciprocal license. The provisional license would expire when the agency approves or denies the application for a reciprocal license or 180 days after the provisional license is issued, whichever comes first.

SB 1080 amended TOC Chapter 53, Consequences of Criminal Conviction, specifically TOC §53.021, to amend the requirement to automatically revoke a license following a felony conviction. The bill continues to require TCEQ to automatically revoke a license for a felony conviction that results in imprisonment for an offense that directly relates to the duties and responsibilities of the licensed occupation, an offense listed in Article 42A.054, Code of Criminal Procedure, or a sexually violent offense, as defined by Article 62.001, Code of Criminal Procedures. However, instead of continuing to require automatic revocation for all other felony convictions that resulted in imprisonment, the bill makes revocation discretionary. Previously, the statute required automatic revocation for all licensees that received any felony conviction that resulted in imprisonment.

Staff Recommended Changes

The statute allows for an individual who submits a renewal application within 90 days after the license expiration date to continue performing duties that require the license. Although the statute does not expressly address completion of required training during this 90-day period, the proposed rulemaking would allow an individual who submits a renewal application during that period to complete the required training within that 90-day period.

This rulemaking proposes to correct the Class B Wastewater required hours from 100 hours to 120 hours in the figure in §30.340(a). TCEQ added the Basic Wastewater course as a requirement for the Class A and Class B Wastewater licenses in §30.340(f) during the last rulemaking for this chapter (2024-004-030-WS) to be consistent with the requirements of the Class A and Class B Public System Water Operator licenses. However, the number of required hours for the Class B Wastewater was not adjusted in §30.340(a) to include the added 20-hour Basic Wastewater Course. This rulemaking proposes to make that correction and change the required number of hours for the Wastewater B license from 100 to 120. The proposed change is consistent with TWC, §§37.002 and 37.008.

The rulemaking also proposes to amend the requirement for TCEQ to notify the licensee of the impending expiration of their license to allow TCEQ to send the notification via email. Currently, the rule requires TCEQ to "mail a renewal notification". TCEQ proposes to amend the language to "send written notice of the impending expiration." This would allow TCEQ to send the renewal notice via email, rather than just via paper mail. The proposed change is consistent with TWC, §37.006(c).

Other minor updates to 30 Texas Administrative Code (TAC) Chapter 30 will be made, as necessary, to provide clarification or consistency with other licensing requirements and rules.

Section by Section Discussion

TCEQ proposes to amend 30 TAC §30.7 to add definitions for "provisional license", "temporary license", and "written notice". "Provisional license" is defined as a non-renewable license issued for certain license types authorizing the person to engage in an activity covered by 30 TAC Chapter 30. "Temporary license" is defined as a specific type of license issued to a military service member, military veteran, or military spouse who apply for a reciprocal license with TCEQ. A temporary license is granted if the executive director does not issue or deny a reciprocal license within 10 days of receiving a complete application. It authorizes the person to engage in an activity covered by 30 TAC Chapter 30 and is valid for up to 180 days. These definitions were added to distinguish between the existing provisional licenses and the new temporary licenses for military service members created by SB 1818. "Written notice" is defined as a notice sent by the executive director to an applicant, registrant, or licensee via email or mail. This definition supports the proposed changes to 30 TAC §30.24(b)(1). The subsequent definitions in 30 TAC §30.7 have been re-numbered.

TCEQ proposes to amend 30 TAC §30.24(a) to allow an individual to submit an application to renew a license up to 180 days past the expiration date of the license, to reflect the amendments to TWC, §37.006 made by HB 1237. After 180 days past expiration, an individual must submit an application for a new license and re-take the applicable licensing exam. The current rule allows an individual up to 30 days after expiration to renew their license.

Additionally, TCEQ proposes to amend 30 TAC §30.24(b)(1) to change the language from the ED "shall mail a renewal notification" to an individual whose license is about to expire to "shall send written notice of the impending expiration". TCEQ is required under TWC, §37.006(c) to send a notice to all licensees 60 days before the date an individual's license is scheduled to expire to remind them to renew. The current rules state that TCEQ shall "mail notice"; however, TWC, §37.006(c) specifies "written notice." TCEQ is proposing to change the rule language to better align with the statutory text, which would allow the ED to send the notifications via email.

TCEQ proposes to amend §30.24(d) to allow an individual who applies for a renewal within 90 days after the expiration date of the license or registration to complete the required training credits within 90 days after the license expiration date. While not expressly addressed in the statute, this would be in line with the flexibility added by HB 1237, which allows a licensee additional time to submit a renewal application and allows for an individual who submits a renewal application within 90 days after license expiration date to continue performing duties that require a license. A person who applies for a renewal license more than 90 days after the expiration date may not complete training credits to meet the requirements of an expired license or registration.

TCEQ proposes to amend 30 TAC §30.24(f) and (g) to allow an individual up to 180 days after expiration to renew their license, per HB 1237. The current rule allows an individual up to 30 days after expiration to renew their license. The proposed change is consistent with the statutory text of TWC, §37.002, 37.005, and 37.006.

TCEQ proposes to amend 30 TAC §30.24(r) such that an applicant has 30 days or until 90 days past the expiration date of the license, whichever is later, to notify the executive director that the application deficiencies have been resolved. Currently, an applicant has only 30 days from the date of the letter to notify the executive director that all deficiencies have been met. The proposed amendments are consistent with the statutory text of TWC, §37.002, 37.005, and 37.006.

TCEQ proposes to amend 30 TAC §30.24(s) to add that an individual may engage in activities that require a license or registration when TCEQ receives the application to renew if the renewal is received within 90 days past the expiration date of the license or registration, as amended by HB 1237. Currently, the rule states that an individual would not be able to engage in activities that require a license or registration until the license or registration is renewed. The proposed change is consistent with the statutory text of TWC, §37.002, 37.005, and 37.006.

TCEQ proposes to amend 30 TAC §30.26(f)(1) to add that the executive director may issue a temporary license to a military service member, military veteran, or military spouse that applies for a reciprocity license, per SB 1818. Additionally, the rulemaking proposes to amend §30.26(f)(1)(A) to change that a military service member, veteran, or military spouse must hold a license in another state, rather than a jurisdiction, that is similar in scope to the license for which they are applying, as amended by HB 5629. Currently, a military service member, military veteran, or military spouse must hold a license in another jurisdiction that has licensing requirements that are substantially equivalent to the requirements of the license for which they are applying. These proposed changes are consistent with the statutory text of TWC, §§37.002, 37.005, 37.006, TOC, §§55.004 and 55.0041.

TCEQ proposes to add 30 TAC §30.26(f)(2) to require military service members, veterans, and military spouses to submit a notarized affidavit stating that he or she is in good standing with other states' licensing authority with which they hold a license, as required by HB 5629. This new subsection outlines that an applicant is in good standing if the applicant holds a current license that has not been suspended or revoked, and has not been voluntarily surrendered during an investigation for unprofessional conduct; has not been disciplined by a licensing authority with respect to the license or occupation; and is not currently under investigation by a licensing authority for unprofessional conduct related to the license or profession. These proposed changes are consistent with the statutory text of TOC, §§55.004, 55.0041, and 55.0042.

To implement HB 5629, TCEQ also proposes to add 30 TAC §30.26(f)(3) to require TCEQ to issue a temporary reciprocal license for military service members, veterans, and military spouses if the license is not issued or denied within 10 days. The temporary reciprocal license will expire when the agency approves or denies the application for a reciprocal license or 180 days after the temporary license is issued, whichever comes first. The subsequent subsections have been renumbered. The proposed change is consistent with the statutory text of TOC, §§55.004, 55.0041, 55.0042, 55.005.

Also to implement HB 5629, TCEQ proposes to amend 30 TAC §30.26(f)(6) (previously §30.26(f)(4)) to require TCEQ, within 10 days of receipt of the application, to issue a reciprocal license to military service members, veterans, or military spouses, notify the applicant the application is incomplete, or notify the applicant that the commission is unable to recognize the applicant's out-of-state license because the agency does not issue a license similar in scope of practice to the applicant's license. The current rule requires TCEQ to issue the reciprocal license within 30 days of receipt of the application unless the applicant is deficient. The proposed change is consistent with the statutory text of TOC, §§55.004, 55.0041, 55.0042, 55.005.

TCEQ proposes to amend 30 TAC §30.30(c) to establish the fees to renew a license past the expiration date, as authorized by HB 1237. Applications to renew a license or individual registration received before the expiration date are subject to the $111 fee. Applications to renew a license received after the expiration date, but not more than 90 days after the expiration, are subject to a fee of $166.50. Applications to renew a license received after 90 days after the expiration date, but not more than 180 days after expiration, are subject to a fee of $222. These proposed changes are consistent with the statutory text of TWC, §§37.006 and 37.009.

TCEQ proposes to amend 30 TAC §30.30(d) to waive the fee for all new licenses from military service members, rather than just for initial licenses to implement HB 5629. Currently, language that waives the fee for just the initial license for military service members, veterans, and military spouses that hold a license in another jurisdiction is in 30 TAC §30.30(c). Subsequent subsections have been renumbered. The proposed change is consistent with the statutory text of TWC, §§37.006, 37.009, TOC, §55.009.

TCEQ proposes to amend 30 TAC §30.30(d) (proposed 30 TAC §30.30(e)) to establish the fees to renew a company registration past the expiration date, as authorized by HB 1237. Applications to renew a registration received after the expiration date but not more than 90 days after the expiration are subject to a fee 1.5 times the normal fee to renew the registration. Applications to renew a registration received after 90 days after the expiration date but not more than 180 days after expiration are subject to a fee two times the normal fee to renew the registration. The proposed change is consistent with the statutory text of TWC, §§37.006 and 37.009.

TCEQ proposes to amend 30 TAC §30.33(h) to implement SB 1080. TCEQ proposes to amend 30 TAC §30.33(h)(2) to specify that the commission is required to revoke a license or registration upon an individual's imprisonment following a felony conviction only if the offense is directly related to the license or registration; a violent offense as defined by the Code of Criminal Procedure (CCP), Article 42.054; or a sexually violent offense listed in the Code of Criminal Procedure, Article 62.001. TCEQ proposes to add §30.33(h)(3) to clarify that TCEQ may revoke a license or registration following a felony conviction that is not listed in §30.33(h)(2). The requirement for TCEQ to revoke a license or registration upon an individual's imprisonment following a felony community supervision revocation, revocation of parole, or revocation of mandatory supervision has been moved to new §30.33(h)(4). These proposed changes are consistent with the statutory text of TOC, §§51.4014, 53.021, and 53.0211.

TCEQ proposes to amend §30.192 to establish the fees to renew a leaking petroleum storage tank (LPST) corrective action specialist registration past the expiration date, as authorized by HB 1237. Applications to renew an LPST corrective action specialist registration received after the expiration date but not more than 90 days after the expiration are subject to a fee of $348 to renew the registration. Applications to renew a registration received after 90 days after the expiration date but not more than 180 days after expiration are subject to a fee of $465 to renew the registration. The proposed change is consistent with the statutory text of TWC, §§37.006 and 37.009.

TCEQ proposes to amend §30.317 to establish the fees to renew an underground storage tank (UST) contractor registration past the expiration date, as authorized by HB 1237. Applications to renew an UST contractor registration received after the expiration date but not more than 90 days after the expiration are subject to a fee of $348 to renew the registration. Applications to renew a registration received after 90 days after the expiration date but not more than 180 days after expiration are subject to a fee of $465 to renew the registration. The proposed change is consistent with the statutory text of TWC, §§37.006 and 37.009.

TCEQ proposes to amend §30.340(a) to correct the number of hours required for a Class B Wastewater Operator from 100 hours to 120 hours. TCEQ made a correction during the last rulemaking for this chapter (Rulemaking Project Number 2024-004-030-WS) to add the Basic Wastewater as a requirement for the Class A and Class B Wastewater license to be consistent with the requirements of the Class A and Class B Public System Water Operator licenses. However, the number of required hours to obtain a Class B Wastewater Operator license was not adjusted to include the 20-hour Basic Wastewater Course. The chart format has been updated to make it easier to understand. These proposed changes are consistent with the statutory text of TWC, §§37.002, 37.005, and 37.006.

TCEQ proposes to amend 30 TAC §30.355 to establish the fees to renew a Wastewater System Operations Company registration past the expiration date, as authorized by HB 1237. TCEQ proposes to amend §30.355(c) to specify that the fees shown in Figure: 30 TAC §30.355(c) apply to applications to renew a wastewater system operation company's registration applies to new applications and renewal applications received on or before the expiration date of the registration. Proposed new §30.355(d) sets the fees for applications received after the expiration date but not more than 90 days after the expiration date of the registration as 1.5 times the fee shown in Figure: 30 TAC §30.355(c). Proposed new §30.355(e) sets the fees for applications received after 90 days after the expiration date of the registration but not more than 180 days past the expiration date as two times the fee shown in Figure: 30 TAC §30.355(c). These proposed changes are consistent with the statutory text of TWC, §§37.006 and 37.009.

TCEQ proposes to amend Figure: 30 TAC §30.390(a) to update the format of the table to make it easier to understand and to be consistent with the format of amended Figure: 30 TAC §30.340(a). The proposed change is consistent with the statutory text of TWC, §§37.002.

TCEQ proposes to amend 30 TAC §30.392 to remove the date for which the resiliency training requirement was previously applicable. All individuals renewing a water operator license are now required to take resiliency training, so the date in the current rule is no longer necessary. The proposed change is consistent with the statutory text of TWC, §§37.002 and 37.008.

TCEQ proposes to amend 30 TAC §30.400 to establish the fees to renew a public water system operating company registration past the expiration date, as authorized by HB 1237. TCEQ proposes to amend §30.400(c) to specify that the fees shown in Figure: 30 TAC §30.400(c) apply to applications to renew a public water system operating company's registration applies to new applications and renewal applications received on or before the expiration date of the registration. Proposed new §30.400(d) sets the fees for applications received after the expiration date but not more than 90 days after the expiration date of the registration as 1.5 times the fee shown in Figure: 30 TAC §30.400(c). Proposed new §30.400(e) sets the fees for applications received after 90 days after the expiration date of the registration but not more than 180 days past the expiration date as two times the fee shown in Figure: 30 TAC §30.400(c). These proposed changes are consistent with the statutory text of TWC, §§37.006 and 37.009.

Fiscal Note: Costs to State and Local Government

Kyle Girten, Analyst in the Budget and Planning Division, has determined that for the first five-year period the proposed rule is in effect, no fiscal implications are anticipated for the agency or for other units of state or local government as a result of administration or enforcement of the proposed rule unless any individual opts to renew their license after its expiration date. Should any licensee that is subject to this rulemaking apply for renewal of their license after it is expired and within 90 or 120 days of the expiration, TCEQ would receive additional revenue in the amounts specified in 30 TAC §§30.30(c), 30.30(e), 30.192(3), 30.355(d), 30.355(e), and 30.400(c) of the proposed rulemaking. These sections of the rule would provide for an increase in the fee by one-and-a-half times the normal amount for applications received within 90 days after the expiration date, and two times the normal amount for applications received after 90 days but not more than 180 days. This language is consistent with the flexibility provided for in HB 1237 from the 89th Regular Legislative Session (2025).

Public Benefits and Costs

Mr. Girten determined that for each year of the first five years the proposed rules are in effect, the public will benefit from rule language that is consistent and compliant with state law, specifically HB 1237, HB 5629, SB 1818, and SB 1080 from the 89th Regular Legislative Session (2025). Licensees will benefit from additional flexibility to renew their licenses up to 180 days past the expiration date, as proposed in §30.24(a) of the rulemaking. The public will also benefit from minor corrections and clarifications in the rule.

The proposed rulemaking is not anticipated to result in fiscal implications for individuals or businesses during the first five-year period the proposed rule is in effect unless any individuals opt to renew licenses after they have expired.

Local Employment Impact Statement

The commission reviewed this proposed rulemaking and determined that a Local Employment Impact Statement is not required because the proposed rulemaking does not adversely affect a local economy in a material way for the first five years that the proposed rule is in effect.

Rural Communities Impact Assessment

The commission reviewed this proposed rulemaking and determined that the proposed rulemaking does not adversely affect rural communities in a material way for the first five years that the proposed rules are in effect. The amendments would apply statewide and have the same effect in rural communities as in urban communities.

Small Business and Micro-Business Assessment

No adverse fiscal implications are anticipated for small or micro-businesses due to the implementation or administration of the proposed rule for the first five-year period the proposed rules are in effect.

Small Business Regulatory Flexibility Analysis

The commission reviewed this proposed rulemaking and determined that a Small Business Regulatory Flexibility Analysis is not required because the proposed rule does not adversely affect a small or micro-business in a material way for the first five years the proposed rules are in effect.

Government Growth Impact Statement

The commission prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program and will not require an increase or decrease in future legislative appropriations to the agency. The proposed rulemaking does not require the creation of new employee positions, eliminate current employee positions, nor require an increase or decrease in fees paid to the agency. The proposed rulemaking amends an existing regulation, and it does not create, expand, repeal, or limit this regulation. The proposed rulemaking does not increase or decrease the number of individuals subject to its applicability. During the first five years, the proposed rule should not impact positively or negatively the state's economy.

Written comments concerning the cost, benefit, or effect of the proposed rule, including any applicable data, research, or analysis may be submitted to the contact person at the address listed under the Submittal of Comments section of this preamble.

Draft Regulatory Impact Analysis Determination

TCEQ reviewed this rulemaking action in light of the regulatory analysis requirements of Texas Government Code (TGC), §2001.0225 and determined that the proposed rules are not subject to that statute because the proposed rules do not meet the criteria for "Major environmental rules" as defined in TGC, §2001.0225(g)(3).

TGC, §2001.0225 applies only to rules that are specifically intended to protect the environment or reduce risks to human health from environmental exposure and that may adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, or the public health and safety of the state or a sector of the state. During the 89th Legislature, 2025, HB 1237, HB 5629, SB 1818, and SB 1080 were passed which added to and amended provisions of the occupational licensing and registration programs administered by TCEQ.

The specific intent of the proposed rules is: to ensure consistency between the rules and their applicable statutes as amended by recent legislation; to clarify the procedure for renewing applications after expiration and extend the renewal period; to provide flexibility for professionals who may miss the renewal deadline due to unforeseen circumstances, while maintaining accountability through increased fees for late renewals; to address the procedure relating to reciprocal licensing of military service members, military veterans, and military spouses; to reduce barriers to employment, support military families, and encourage participation in the state workforce; to make revocation of a license following a felony conviction discretionary in some circumstances, in accordance with SB 1080; and to modify or add language to improve clarity and strengthen alignment with the applicable statute.

The proposed rules would streamline and update the agency's licensing and registration programs. The specific intent of the proposed rules is to improve procedural aspects of occupational licensing and training requirements, not to protect the environment or reduce risks to human health from environmental exposure. Therefore, the proposed rules do not meet the definition of a "Major environmental rule" found in TGC, §2001.0225(g)(3). Because the proposed rules are not major environmental rules, a Regulatory Impact Analysis under TGC, §2001.0225 is not required.

Furthermore, even if the proposed rules did meet the definition of a major environmental rule, the proposed rules are not subject to TGC, §2001.0225, because they do not meet any of the four applicability requirements specified in TGC, §2001.0225(a). TGC, §2001.0225(a) applies to rules adopted by an agency, the result of which is to: 1) exceed a standard set by federal law, unless the rule is specifically required by state law; 2) exceed an express requirement of state law, unless the rule is specifically required by federal law; 3) exceed a requirement of a delegation agreement or contract between the state and an agency or representative of the federal government to implement a state and federal program; or 4) adopt a rule solely under the general powers of the agency instead of under a specific state law.

In this case, the proposed rules do not meet any of these requirements: there are no federal standards for the occupational licenses and registrations program administered by the commission; the rules do not exceed an express requirement of state law; there is no delegation agreement that would be exceeded by the rules; and the proposed rules would implement requirements of HB 1237, HB 5629, SB 1818, SB 1080, TWC, §37.006, and TWC, §37.008.

The commission invites public comment regarding the Draft Regulatory Impact Analysis Determination during the public comment period. Written comments on the Draft Regulatory Impact Analysis Determination may be submitted to the contact person at the address listed under the Submittal of Comments section of this preamble.

Takings Impact Assessment

TCEQ has prepared a takings impact assessment for these proposed rules pursuant to TGC, §2007.043. Under TGC, §2007.002(5), "taking" means: "(A) a governmental action that affects private real property, in whole or in part or temporarily or permanently, in a manner that requires the governmental entity to compensate the private real property owner as provided by the Fifth and Fourteenth Amendments to the United States Constitution or Section 17 or 19, Article I, Texas Constitution; or (B) a governmental action that: (i) affects an owner's private real property that is the subject of the governmental action, in whole or in part or temporarily or permanently, in a manner that restricts or limits the owner's right to the property that would otherwise exist in the absence of the governmental action; and (ii) is the producing cause of a reduction of at least 25% in the market value of the affected private real property, determined by comparing the market value of the property as if the governmental action is not in effect and the market value of the property determined as if the governmental action is in effect." TGC, §2007.002(4) defines "private real property" as "an interest in real property recognized by common law, including a groundwater or surface water right of any kind, that is not owned by the federal government, this state, or a political subdivision of this state."

The proposed rules do not burden "private real property" as defined by TGC, §2007.002(4) because the proposed rules update and improve licensing procedures and training requirements and do not concern interests in real property recognized by common law. Further, this proposed rulemaking does not burden, restrict, or limit an owner's right to private real property, nor reduce the market value of any private real property. Therefore, the proposed governmental action does not constitute a taking under TGC, §2007.002.

Consistency with the Coastal Management Program

The commission reviewed the proposed rules and found that they are neither identified in Coastal Coordination Act Implementation Rules, 31 TAC §29.11(b)(2) or (4), nor will they affect any action/authorization identified in Coastal Coordination Act Implementation Rules, 31 TAC §29.11(a)(6). Therefore, the proposed rules are not subject to the Texas Coastal Management Program.

Written comments on the consistency of this rulemaking may be submitted to the contact person at the address listed under the Submittal of Comments section of this preamble.

Announcement of Hearing

The commission will hold a hold a hybrid virtual and in-person public hearing on this proposal in Austin on September 9, 2026, at 2:00 p.m. in building E, room 201S, at the commission's central office located at 12100 Park 35 Circle. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not be permitted during the hearing; however, commission staff members will be available to discuss the proposal 30 minutes prior to the hearing at 1:30 p.m.

Individuals who plan to attend the hearing virtually and want to provide oral comments and/or want their attendance on record must register by September 7, 2026. To register for the hearing, please email Rules@tceq.texas.gov and provide the following information: your name, your affiliation, your email address, your phone number, and whether or not you plan to provide oral comments during the hearing. Instructions for participating in the hearing will be sent on September 8, 2026, to those who register for the hearing.

For the public who do not wish to provide oral comments but would like to view the hearing may do so at no cost at:

https://events.teams.microsoft.com/event/3e5e0072-0b2a-4c8f-b7aa-c7597329a161@871a83a4-a1ce-4b7a-8156-3bcd93a08fba

Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Sandy Wong, Office of Legal Services at (512) 239-1802 or 1-800-RELAY-TX (TDD). Requests should be made as far in advance as possible.

Submittal of Comments

Written comments may be submitted to Gwen Ricco, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to fax4808@tceq.texas.gov. Electronic comments may be submitted at: https://tceq.commentinput.com/comment/search. File size restrictions may apply to comments being submitted via the TCEQ Public Comments system. All comments should reference Rule Project Number 2025-027-030. The comment period closes at 11:59 p.m. on September 15, 2026. Please choose one of the methods provided to submit your written comments.

Copies of the proposed rulemaking can be obtained from the commission's website at https://www.tceq.texas.gov/rules/propose_adopt.html. For further information, please contact Rebecca Morigan, Occupational Licensing and Registration Division, (512) 239-2463.

SUBCHAPTER A. ADMINISTRATION OF OCCUPATIONAL LICENSES AND REGISTRATIONS

30 TAC §§30.7, 30.24, 30.26, 30.30, 30.33

Statutory Authority

The rules are proposed under: Texas Water Code (TWC), §5.013, concerning the General Jurisdiction of the Commission, which establishes the general jurisdiction of the commission; TWC, §5.102, concerning General Powers, which establishes the commission's general authority necessary to carry out its jurisdiction; TWC, §5.103, concerning Rules, which requires the commission to adopt rules necessary to carry out its powers and duties; TWC, §5.105, concerning General Policy, which provides the commission with the authority to establish and approve all general policy of the commission by rule; TWC, §37.002, concerning Rules, which provides the commission with the authority to adopt rules for various occupational licenses; TWC, §37.003, concerning License or Registration Required, which provides that persons engaged in certain occupations must be licensed by the commission; TWC, §37.005, concerning Issuance and Denial of Licenses and Registration, which requires the commission to establish requirements and uniform procedures for issuing licenses and registrations; TWC, §37.006, concerning Renewal of License or Registration, which requires the commission to establish requirements and uniform procedures for renewing licenses and registrations; TWC, §37.008, concerning Training; Continuing Education, which provides that the commission shall approve training programs necessary to qualify for or renew a license; TWC, §37.009, concerning Fees, which provides the commission with the authority to establish and collect fees to cover the cost of administering and enforcing the provisions of TWC; Texas Code of Criminal Procedure (TCPP), Article 42A.054, concerning Limitation on Judge-Ordered Community Supervision, which lists violent offenses to which judge-ordered community supervision is not applicable; TCCP, Article 62.001, concerning Definitions, which defines sexually violent offenses; Texas Occupations Code (TOC) §53.021(a-2), concerning Authority to Revoke, Suspend, or Deny License, which authorizes a licensing authority to revoke a license on the grounds of the license holder's imprisonment following a felony conviction; TOC §53.021(b), concerning Authority to Revoke, Suspend, or Deny License, which requires that a license be revoked following a license holder's imprisonment for certain felony convictions; TOC §53.0211, concerning Licensing of Certain Applicants with Prior Criminal Convictions, which authorizes licensing authorities to issue provisional licenses to an applicant with certain kinds of prior criminal convictions and outlines requirements for these provisional licenses; TOC §55.001, concerning Definitions, which provides a definition of state agency as it pertains to licensing of military service members, military veterans, and military spouses; TOC §55.004(b-1), concerning Alternative Licensing for Military Service Members, Military Veterans, and Military Spouses, which requires state agencies to promptly issue a six-month provisional license to military service members, veterans, and military spouses, while the agency processes those applications for a license; TOC §55.004(a), concerning Alternative Licensing for Military Service Members, Military Veterans, and Military Spouses, which requires state agencies to issue a license to military service members, veterans, and military spouses who hold a license in another state with a similar scope of practice in good standing; TOC §55.0041, concerning Recognition of Out-of-state License of Military Service Members and Military Spouses, which provides requirements for reciprocal licensing of military service members and military spouses who hold current licenses in other states; TOC §55.0042, concerning Determination of Good Standing, which provides a definition of good standing for purposes of licensing out-of-state license of military service members and military spouses; TOC §55.005(a), concerning Expedited License Procedure for Military Service Members, Military Veterans, and Military Spouses, which requires state agencies to process applications and issue licenses to qualified applicants who are military service members, military veterans, and military spouses within 10 days; TOC §55.009, concerning License Application and Examination Fees, which requires state agencies to waive the license application and exam fees for new licenses for all military service members, military veterans, and military spouses.

The proposed rules implement requirements in House Bill (HB) 1237, 89th Legislature, 2025, which amended TWC, §37.006(f) and (g) and added Subsection (h); HB 5629, 89th Legislature, 2025, which amended TOC §55.004(a) and (d), amended TOC §55.0041(a), (b), (d), and (d-1), added TOC §55.0041(b-1), added TOC §55.0042, added TOC §55.0043, amended TOC §55.005(a), amended TOC §55.009; Senate Bill (SB) 1818, 89th Legislature, 2025, which added TOC §55.004(b-1) and added TOC §55.041(b-1); SB 1080, 89th Legislature, 2025, which amended TOC §51.4014(a) and added Subsection (a-1), added TOC §53.021(a-2) and amended Subsection (b).

§30.7. Definitions.

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise.

(1) Aerobic treatment system owner--Persons that in their individual capacities own a single-family dwelling that is serviced by an on-site sewage disposal system using aerobic treatment.

(2) Approved application--An application submitted to the Occupational Licensing Section that contains all the information the executive director has deemed necessary to be accurately processed and that the executive director has determined to be approved.

(3) Approved training providers--Entities that have been approved by the executive director to provide training after demonstration of hands-on subject matter expertise, knowledge of and experience with educational principles, and effective instructional designs.

(4) Approved training--Training which provides the knowledge and skills necessary to perform occupational job tasks and is used for obtaining or renewing a license or registration, as determined by the executive director.

(5) Approved training delivery method--Methods approved by the executive director that currently include in-person, live-online, self-paced, and may include other technologies approved by the executive director.

(6) Association--The term association as used in the context of this chapter is an industry-related non-profit association whose members hold licenses or registrations issued by the commission or whose members are required to employ or contract with individuals who hold licenses or registrations issued by the commission.

(7) Association meetings--Sessions conducted by an Association that may be delivered in-person, live-online, or a combination of both.

(8) Classroom training--Training that is an instructor-led course held in real-time in a classroom environment and may be held in-person, live-online, or a combination of both.

(9) Conference--The term conference as used in the context of this chapter includes TCEQ-approved conferences, seminars, workshops, symposiums, expos, and any other such training venues and may be delivered in-person, live-online, or a combination of both and conducted by a governmental entity or their designated agents, associations, or colleges as listed by accrediting agencies that are recognized by the United States Department of Education.

(10) Continuing education--Job-related training credit approved by the executive director used for renewal of licenses or registrations.

(11) Core training--Courses required to obtain an occupational license or registration that are approved by the executive director.

(12) Correspondence training--The term correspondence training as used in the context of this chapter is self-paced training that can either be paper-based and conducted through a postal system, electronic-based, or a blend of these delivery systems.

(13) Distributor--Any person or nongovernmental organization that sells a product primarily to individuals maintaining occupational licenses or registrations administered by the agency.

(14) High school diploma--An earned high school diploma from a United States high school, an accredited secondary school equivalent to that of United States high school, or a passing score on the general education development (GED) test that indicates a high school graduation level.

(15) Home school diploma--An earned diploma from a student who predominately receives instruction in a general elementary or secondary education program that is provided by the parent, or by a person in parental authority, in or through the child's home.

(16) In-person training delivery method-- Training that is interactive instructor-led and delivered in real time at the same physical location.

(17) License--An occupational license issued by the commission to a person authorizing the person to engage in an activity covered by this chapter.

(18) Live-online training delivery method-- Training that is delivered virtually in real time as either instructor-led classroom, conference, or association meeting.

(19) Maintenance provider--A person that, for compensation, provides service or maintenance for one or more on-site sewage disposal systems using aerobic treatment.

(20) Manufacturer--For the purpose of this subchapter any person, company, or nongovernmental organization that produces a product for sale primarily to individuals who maintain occupational licenses that are administered by the agency.

(21) Person--As defined in §3.2 of this title (relating to Definitions).

(22) Prerecorded training--Training that has previously been recorded or developed through a virtual or online platform and is not delivered in person nor in real time.

(23) Provisional License--A non-renewable license issued for certain license types authorizing the person to engage in an activity covered by this chapter.

(24) [~~(23)~~] Qualified instructor--An individual approved to teach a TCEQ-approved core occupational licensing or registration course who has instructional experience, work-related experience, and subject matter expertise that enables the individual to communicate course information in a relevant, informed manner and to answer students' questions.

(25) [~~(24)~~] Qualified presenter--An individual approved to present TCEQ-approved continuing education training who has instructional experience, work-related experience, and subject matter expertise that enables the individual to answer students' questions and to communicate course information in a relevant, informed manner.

(26) [~~(25)~~] Registration--An occupational registration issued by the commission to a person authorizing the person to engage in an activity covered by this chapter.

(27) [~~(26)~~] Self-paced training delivery method--Training that is delivered using various technologies with a separation of place and time between the instructor or learning resources and the learner. Self-paced training may include correspondence training, prerecorded training, and other technologies approved by the executive director.

(28) [~~(27)~~] Service provider--Any person, company, or nongovernmental organization that provides a service for its own profit to individuals who maintain occupational licenses that are administered by the agency.

(29) [~~(28)~~] Subject matter expert--A person having a minimum of three years of hands-on work-related experience and expert knowledge in a particular content area or areas as relates to training.

(30) Temporary license--A specific type of license issued to a military service member, military veteran, or military spouse who apply for a reciprocal license authorizing the person to engage in an activity covered by this chapter for up to 180 days. A temporary license is granted if the executive director does not issue or deny a reciprocal license within 10 days of receiving a complete application.

(31) [~~(29)~~] Training credit--Hours awarded by the executive director for successful completion of approved training.

(32) [~~(30)~~] Training provider--An administrative entity and its designated personnel who are responsible for obtaining approval of training, providing acceptable delivery of approved training, ensuring that qualified instructors or subject matter experts are utilized in the delivery, support, and development of training and monitoring, recording, and reporting attendance accurately and promptly as required by the executive director.

(33) Written notice--A notice sent by the executive director to an applicant, registrant, or licensee via mail or email.

§30.24. License and Registration Applications for Renewal.

(a) A license or registration may not be renewed if it has been:

(1) expired for more than 180 [30] days and an application has not been received by the executive director or postmarked within 180 [30] days after the expiration date of the license or registration;

(2) revoked; or

(3) replaced by a higher class of license.

(b) Applications for renewal must be made on a standard form provided by the executive director.

(1) The executive director shall send written notice of the impending expiration [~~mail a renewal notification~~] at least 60 days before the license or registration expires to the most recent address provided to the executive director. If a person does not receive a renewal notification, the person is not relieved of the responsibility to timely submit a renewal application.

(2) The person is responsible for ensuring that the completed renewal application, the renewal fee, and other required information are submitted to the executive director by the expiration date of the license or registration.

(c) All statements, qualifications, and attachments provided by the applicant that relate to a renewal application shall be true, accurate, complete, and contain no misrepresentation or falsification.

(d) Approved training to renew a license must be successfully completed after the issuance date and before the expiration date of the current license unless a person applies for renewal within 90 days after the expiration date of the license or registration. In that case, the person may complete required training credits within 90 days after the expiration date. A person who applies for a renewal license more than 90 days after the expiration date may not complete training credits to meet the requirements of an expired license or registration. Any training credits completed in excess of the amount required for the renewal period shall not be carried over to the next renewal period.

(e) An individual who holds a license prescribed by Texas Water Code, §26.0301, or Texas Health and Safety Code, §341.033 or §341.034, specifically the holder of a Class A or Class B public water system operator or Class A or B wastewater treatment facility operator license may certify compliance with continuing education requirements prior to or at the time the license is renewed by submitting a continuing education certification form available from the executive director.

(f) The executive director may renew a license or registration if the application is received by the executive director or is postmarked within 180 [30] days after the expiration date of the license or registration, and the person meets the requirements for renewal by the expiration date of the license or registration and pays all appropriate fees. This subsection does not extend the validity period of the license or registration nor grant the person authorization to perform duties requiring a license or registration. This subsection only allows an additional 180 [30] days after the expiration of the license or registration for the person to submit the renewal application, any supporting documentation, and appropriate fees.

(g) An individual whose license renewal application is not received by the executive director or is not postmarked within 180 [30] days after the license expiration date may not renew the license and must meet the current education, training, and experience requirements, submit a new application with the appropriate fee, and pass the examination. A person whose registration renewal application is not received by the executive director or is not postmarked within 180 [30] days after the expiration date may not renew the registration and must submit a new application with the appropriate fee and meet all applicable requirements for a new registration.

(h) Persons failing to renew their license or registration in a timely manner due to serving as a military service member may renew their license within two years of returning from active duty by submitting the following:

(1) a completed renewal application;

(2) a copy of the military orders substantiating the military service during the time the license expired; and

(3) the applicable license renewal fee.

(i) For good cause the executive director may extend the two years period for a military service member seeking to renew their license. Good cause may include, but is not limited to, hospitalization or injury to the licensee.

(j) Completion of the required continuing education will be waived for the renewal cycle for military service members outside of this state who were unable to complete the requirements.

(k) These procedures apply only to military service members who are outside this state and not to military contractors.

(l) All licensees must notify the executive director of any change in the previously submitted application information within ten days from the date the change occurs.

(m) All registration holders must notify the executive director of any change in the previously submitted application information within ten days after the month in which the change occurs.

(n) Licenses and registrations that have renewal cycles in transition shall follow the renewal requirements in the applicable subchapter.

(o) The executive director shall determine whether an applicant meets the renewal requirements of this subchapter. If all requirements have been met, the executive director shall renew the license or registration.

(p) The license or registration shall be valid for the term specified.

(q) If the application does not meet the requirements, the executive director shall notify the applicant in writing of the deficiencies.

(r) An [~~All deficiencies must be resolved, and the~~] applicant notified that their application is deficient as outlined in subsection (q) of this section must notify the executive director that the deficiency has been resolved[,] within 30 days of the date printed on the notification or within 90 days past the expiration date of the license, whichever is later, or the renewal application shall be considered expired [~~after the license expiration date~~].

(s) A person whose license or registration has expired shall not engage in activities that require a license or registration until the license or registration is renewed or a new license or registration has been obtained unless the person has applied for renewal within 90 days of the expiration date of the license or registration. A person who has applied for renewal within 90 days of the expiration date of the license or registration may engage in activities that require the license or registration from the date of the submittal of the application, after the expiration of the license or registration, until the license or registration is renewed or denied.

(t) The commission shall follow the notification requirements in §30.36 of this title (relating to Notice) prior to denying an individual the opportunity to renew a license based on the individual's prior conviction of an offense.

§30.26. Recognition of Licenses from Out-of-State; Licenses for Military Service Members, Military Veterans, or Military Spouses.

(a) Except for landscape irrigators the executive director may waive qualifications, training, or examination for individuals with a good compliance history who hold a current license from another state, territory, or country if that state, territory, or country has requirements equivalent to those in this chapter.

(b) A license may be issued after review and approval of the application, receipt of the appropriate fee, and verification of the license from the corresponding state, territory, or country.

(c) The executive director may waive any of the prerequisites for obtaining a landscape irrigator license, if the applicant is licensed as an irrigator in another jurisdiction that has a reciprocity agreement with the State of Texas.

(d) The executive director may require the applicant to provide information about other occupational licenses and registrations held by the person, including:

(1) the state in which the other license or registration was issued;

(2) the current status of the other license or registration; and

(3) whether the other license or registration was ever denied, suspended, revoked, surrendered, or withdrawn.

(e) To maintain a license that was issued on the basis of reciprocity, applicants must comply with the renewal requirements of this subchapter. Reciprocity will not be granted for the issuance of lower level licenses of the same type as the one that was initially issued on the basis of reciprocity.

(f) Military Service Members, Military Veterans, or Military Spouses.

(1) The executive director shall issue a temporary license or license to an applicant who is a military service member, military veteran, or military spouse and:

(A) holds a current license issued by another state [~~jurisdiction~~] that is similar in scope to the license for which they are applying [~~has licensing requirements that are substantially equivalent to the requirements for the license~~]; or

(B) within the five years preceding the application date held the license in this state.

(2) The applicant shall submit a notarized affidavit stating that he or she is in good standing with other states' licensing authorities with which they hold a license. An applicant is in good standing if the applicant:

(A) holds a current license that has not been suspended or revoked, and has not been voluntarily surrendered during an investigation for unprofessional conduct;

(B) has not been disciplined by a licensing authority with respect to the license or practice of occupation for which the license is issued; and

(C) is not currently under investigation by a licensing authority for unprofessional conduct related to the license or profession.

(3) The executive director shall issue a temporary license to an applicant who is a military service member, military veteran, or military spouse if the license is not issued or denied within 10 days of the date the reciprocal license application was submitted. The temporary license shall expire when the agency approves or denies the application for a reciprocal license or 180 days after the temporary license is issued, whichever comes first.

(4) [~~(2)~~] A license issued under this subsection shall be valid for the term specified in §30.18(i) of this title (relating to Applications for an Initial License).

(5) [~~(3)~~] The executive director shall notify the license holder of the requirements for renewing a license issued under this subsection as specified in §30.24(b)(1) of this title (relating to License and Registration Applications for Renewal).

(6) [~~(4)~~] Within 10 days of receipt of application, the [~~The~~] executive director shall:

(A) issue a license to an individual who meets the requirements in paragraph (1) of this subsection; [~~§30.26(f)(1) within 30 days of receipt of application unless the applicant is deficient.~~]

(B) notify the applicant the application is incomplete; or

(C) notify the applicant that the commission is unable to recognize the applicant's out-of-state license because the agency does not issue a license similar in scope of practice to the applicant's license.

(g) 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, but not be limited to, any combination of the following as determined by the executive director:

(1) education;

(2) continuing education;

(3) examinations (written, practical, or a combination of written and practical);

(4) letters of good standing;

(5) letters of recommendation;

(6) work experience; or

(7) other methods or options as determined by the executive director.

(h) Military service members or military veterans. The executive director shall credit verified military service, training, or education toward the licensing requirements.

(1) Verified military service, training, or education shall not be credited toward an examination requirement.

(2) The executive director may not apply this credit provision to an applicant who:

(A) holds a restricted license issued by another jurisdiction; or

(B) has an unacceptable criminal history.

§30.30. Terms and Fees for Licenses and Registrations.

(a) Licenses and registrations are valid for three years from the date of issuance, unless specified otherwise by Subchapters B - L of this chapter (relating to Backflow Prevention Assembly Testers; Customer Service Inspectors; Landscape Irrigators, Irrigation Technicians, and Irrigation Inspectors; Leaking Petroleum Storage Tank Corrective Action Project Managers and Specialists; Municipal Solid Waste Facility Supervisors; On-Site Sewage Facilities Installers, Apprentices, Designated Representatives, Maintenance Providers, Maintenance Technicians, and Site Evaluators; Water Treatment Specialists; Underground Storage Tank On-Site Supervisor Licensing and Contractor Registration; Wastewater Operators and Operations Companies; Public Water System Operators and Operations Companies; and Visible Emissions Evaluator Training and Certification, respectively).

(b) The executive director may adopt a system under which licenses or registrations expire on various dates.

(c) The license fee is $111 for a three-year license. The total amount shall be paid with each initial and renewal application and is nonrefundable. Applications to renew a license received before the expiration date are subject to the $111 fee. Applications to renew a license received after the expiration date, but not more than 90 days after the expiration, are subject to a fee of $166.50. Applications to renew a license received more than 90 days after the expiration date, but not more than 180 days after expiration, are subject to a fee of $222.00. [~~The initial fee is waived for military service member, military veteran, or military spouse applicants if they:~~]

~~[(1) meet all other requirements for the license; or]~~

[(2) hold a current license issued by another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license the applicant is applying for in this state.]

(d) The fee is waived for new license applications for military service members, military veterans, or military spouses.

(e) [~~(d)~~] Applications to renew a registration received prior to the expiration date are subject to the registration [~~Registration~~] fees [~~are~~] established in the applicable subchapters of this chapter. Applications to renew a registration received after the expiration date but not more than 90 days after the expiration are subject to a fee 1.5 times the normal fee to renew the registration. Applications to renew a registration received after 90 days after the expiration date but not more than 180 days after expiration are subject to a fee 2 times the normal fee to renew the registration.

(f) [~~(e)~~] The executive director may charge a $20 fee to process a duplicate certificate or pocket card.

(g) [~~(f)~~] A convenience fee may be set by the executive director or service provider for alternative fee payment methods. A person using an alternative payment method is responsible for paying the convenience fee.

(h) [~~(g)~~] An examination or reexamination fee may be charged if the executive director designates an entity to administer the examinations.

(i) [~~(h)~~] The executive director may charge an individual requesting a criminal history evaluation letter under §30.13 of this title (relating to Eligibility of Certain Applicants for Occupational Licenses or Registrations) a fee adopted by the commission. Fees adopted by the commission under §30.13 of this title must be in an amount sufficient to cover the cost of administering §30.13 of this title.

§30.33. License or Registration Denial, Warning, Suspension, or Revocation.

(a) The executive director may deny an initial or renewal application for the following reasons.

(1) Insufficiency. The executive director shall notify the applicant of the executive director's intent to deny the application and advise the applicant of the opportunity to file a motion to overturn the executive director's decision under §50.139 of this title (relating to Motion to Overturn Executive Director's Decision). The executive director may determine that an application is insufficient for the following reasons:

(A) failing to meet the licensing or registration requirements of this chapter; or

(B) if an out-of-state licensing program does not have requirements substantially equivalent to those of this chapter.

(2) Cause. After notice and opportunity for a hearing, the commission may deny an application for a license or registration by an applicant who:

(A) provides fraudulent information or falsifies the application;

(B) has engaged in fraud or deceit in obtaining or applying for a license or registration;

(C) has demonstrated gross negligence, incompetence, or misconduct in the performance of activities authorized by a license or registration;

(D) made an intentional misstatement or misrepresentation of fact or information required to be maintained or submitted to the commission by the applicant or by the license or registration holder;

(E) failed to keep and transmit records as required by a statute within the commission's jurisdiction or a rule adopted under such a statute; or

(F) at the time the application is submitted, is indebted to the state for a fee, penalty, or tax imposed by a statute within the commission's jurisdiction or a rule adopted under such a statute.

(b) If an individual causes, contributes to, or allows a violation of this chapter, the executive director may issue a warning letter. The letter shall be placed in the individual's permanent file maintained by the executive director. This letter shall be a warning that further violations or offenses by the individual may be grounds for suspension, revocation, enforcement action, or some combination. A warning is not a prerequisite for initiation of suspension, revocation, or enforcement proceedings.

(c) After notice and hearing, the commission may suspend or revoke a license, certificate, or registration on any of the grounds contained in Texas Water Code, §7.303(b).

(d) After notice and hearing a license or registration may be suspended for a period of up to one year, depending upon the seriousness of the violations. A license or registration shall be revoked after notice and hearing upon a second suspension.

(e) The commission may revoke a license or registration after notice and hearing for a designated term or permanently. If a license or registration is revoked a second time, the revocation shall be permanent.

(f) The following procedures for renewal apply to individuals that have had their license or registration suspended.

(1) If a license or registration expiration date falls within the suspension period, an individual may renew the license or registration during the suspension period according to §30.24 of this title (relating to License and Registration Applications for Renewal) and the applicable subchapters of this chapter.

(2) A license or registration suspended in accordance with subsection (j) of this section may not be renewed during the suspension period. The license or registration may only be renewed if the court or the Title IV-D agency renders an order vacating or staying an order suspending the license or registration and the license or registration has not expired during the suspension period.

(3) After the suspension period has ended, the license or registration shall be automatically reinstated unless the individual failed to renew the license or registration during the suspension period.

(g) Individuals that have had their license or registration revoked shall not have their license or registration reinstated after the revocation period. After the revocation period has ended, an individual may apply for a new license or registration according to this chapter.

(h) Criminal Conviction.

(1) After notice and hearing, the commission may deny, suspend, or revoke a license on the grounds that the individual has been convicted of an offense, other than a Class C misdemeanor that:

(A) directly relates to the duties and responsibilities of the licensed occupation;

(B) is listed in Texas Code of Criminal Procedure, Article 42.12, Section 3g; or

(2) The commission shall revoke the license or registration upon an individual's imprisonment following a felony conviction that is:[~~, felony community supervision revocation, revocation of parole, or revocation of mandatory supervision.~~]

(A) directly related to the license;

(B) a violent offense as defined in the Code of Criminal Procedure, Article 42A.054; or

(3) The commission may revoke the license or registration upon an individual's imprisonment following a felony conviction that is not listed in paragraph (2) of this subsection.

(4) The commission shall revoke the license or registration upon an individual's imprisonment following a felony community supervision revocation, revocation of parole, or revocation of mandatory supervision.

(5) [~~(3)~~] Prohibited Employment.

(A) Individuals subject to registration under the Texas Code of Criminal Procedure, Chapter 62 because of a reportable conviction or adjudication for which an affirmative finding is entered under Texas Code of Criminal Procedure, Article 42.015(b) or Section 5(e)(2), Article 45.12, and licensed after September 1, 2013, may not, for compensation, provide or offer to provide any type of service in the residence of another person unless the provision of service will be supervised.

(B) For purposes of this subsection:

(i) "Residence" means a structure primarily used as a permanent dwelling and land that is contiguous to that permanent dwelling.

(ii) "Supervision" means direct, continuous visual observation of the individual at all times.

(6) [~~(4)~~] Except as provided by paragraph (7) [~~(5)~~] of this subsection, notwithstanding any other law, the executive director may not consider an individual to have been convicted of an offense for purposes of this section if, regardless of the statutory authorization:

(A) the individual entered a plea of guilty or nolo contendere;

(B) the judge deferred further proceedings without entering an adjudication of guilt and placed the individual under the supervision of the court or an officer under the supervision of the court; and

(7) [~~(5)~~] The executive director may consider an individual to have been convicted of an offense for purposes of this section regardless of whether the proceedings were dismissed and the individual was discharged as described by paragraph (6) [~~(4)~~] of this subsection if:

(A) the individual was charged with:

(i) any offense described by Texas Code of Criminal Procedure, Article 62.001(5); or

(ii) an offense other than an offense described by clause (i) of this subparagraph if:

(I) the individual has not completed the period of supervision or the individual completed the period of supervision less than five years before the date the individual applied for the license; or

(II) a conviction for the offense would make the individual ineligible for the license by operation of law; and

(B) after consideration of the factors described by Texas Occupations Code, §53.022 and §53.023(a), the executive director determines that:

(i) the individual may pose a continued threat to public safety; or

(ii) employment of the individual in the licensed occupation would create a situation in which the individual has an opportunity to repeat the prohibited conduct.

(i) After notice and hearing, the commission may revoke a maintenance provider registration on any of the grounds in Texas Health and Safety Code, §366.0515(m).

(j) Failure to pay child support.

(1) The commission may suspend a license or registration if a licensed or registered individual has been identified by the Office of the Attorney General as being delinquent on child support payments (upon receipt of a final order suspending a license or registration, the executive director shall proceed as described in Texas Family Code, Chapter 232).

(2) The commission shall refuse to accept an application for:

(A) issuance of a new license or registration to an individual; or

(B) renewal of an existing license or registration to an individual if:

(i) the individual has failed to pay child support for six months or more;

(ii) the commission is notified by a child support agency, as defined by Texas Family Code, §101.004; and

(iii) the child support agency requests the commission to refuse to accept the application.

(3) The commission shall not accept an application for a license that was refused under paragraph (2) of this subsection until notified by the child support agency that the individual has:

(A) paid all child support arrearages;

(B) made an immediate payment of not less than $200 toward child support arrearages owed and established with the child support agency a satisfactory repayment schedule for the remainder or is in compliance with a court order for payment of the arrearages;

(C) been granted an exemption from this subsection as part of a court-supervised plan to improve the individual's earnings and child support payments; or

(D) successfully contested the child support agency's request for the commission's denial of issuance or renewal of the license or registration.

(4) The commission may charge a fee in an amount sufficient to recover the administrative costs incurred for denying or suspending that license.

(5) For purposes of this subsection, the suspension period for a license or registration shall be until:

(A) the court or the Title IV-D agency renders an order vacating or staying an order suspending the license or registration; or

(B) the expiration of the license or registration.

(k) The commission shall follow the notification requirements in §30.36 of this title (relating to Notice) prior to the denial of an initial license, the revocation of a license, or renewal of a license based on the individual's prior conviction of an offense.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 31, 2026.

TRD-202603243

Amy L. Browning

Deputy Director, Environmental Law Division

Texas Commission on Environmental Quality

Earliest possible date of adoption: September 13, 2026

For further information, please call: (512) 239-6087

SUBCHAPTER E. LEAKING PETROLEUM STORAGE TANK CORRECTIVE ACTION PROJECT MANAGERS AND SPECIALISTS

30 TAC §30.192

Statutory Authority

The proposed rules implement requirements in House Bill (HB) 1237, 89th Legislature, 2025, which amended TWC §37.006(f) and (g) and added Subsection (h).

§30.192. Qualifications for Registration Renewal.

To renew a registration, a person must:

(1) meet the requirements in Subchapter A of this chapter (relating to Administration of Occupational Licenses and Registrations);

(2) complete an application for registration renewal for a corrective action specialist approved by the executive director, certifying that the company has continued to meet the financial requirements of §30.190 of this title (relating to Qualifications for Initial Registration); and

(3) pay the applicable [a] registration renewal fee. Applications to renew a registration received prior to the expiration date are subject to a fee of $232. Applications to renew a registration after the expiration date but not more than 90 days after the expiration are subject to a fee of $348. Applications to renew a license or registration received after 90 days after the expiration date but not more than 180 days after expiration are subject to a fee of $464.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 31, 2026.

TRD-202603244

Amy L. Browning

Deputy Director, Environmental Law Division

Texas Commission on Environmental Quality

Earliest possible date of adoption: September 13, 2026

For further information, please call: (512) 239-6087

SUBCHAPTER I. UNDERGROUND STORAGE TANK ON-SITE SUPERVISOR LICENSING AND CONTRACTOR REGISTRATION

30 TAC §30.317

Statutory Authority

The proposed rules implement requirements in House Bill (HB) 1237, 89th Legislature, 2025, which amended TWC §37.006(f) and (g) and added Subsection (h).

§30.317. Qualifications for Registration Renewal.

To renew an underground storage tank (UST) contractor registration a person must have:

(1) met the requirements in Subchapter A of this chapter (relating to Administration of Occupational Licenses and Registrations);

(2) certified that the UST contractor has commercial liability insurance designating the commission as the certificate holder in an amount of not less than one million dollars ($1,000,000) and of a type approved by the executive director;

(3) certified that the UST contractor has a net worth of not less than $25,000; and

(4) submitted the applicable [a] renewal fee. Applications to renew a registration received prior to the expiration date are subject to a fee of $232. Applications to renew a registration after the expiration date but not more than 90 days after the expiration are subject to a fee of $348. Applications to renew a license or registration received after 90 days after the expiration date but not more than 180 days after expiration are subject to a fee of $464.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 31, 2026.

TRD-202603245

Amy L. Browning

Deputy Director, Environmental Law Division

Texas Commission on Environmental Quality

Earliest possible date of adoption: September 13, 2026

For further information, please call: (512) 239-6087

SUBCHAPTER J. WASTEWATER OPERATORS AND OPERATIONS COMPANIES

30 TAC §30.340, §30.355

Statutory Authority

The proposed rules implement requirements in House Bill (HB) 1237, 89th Legislature, 2025, which amended TWC, §37.006(f) and (g) and added Subsection (h).

§30.340. Qualifications for Initial License.

(a) To obtain a license, an individual must have met the requirements of Subchapter A of this chapter (relating to Administration of Occupational Licenses and Registrations), the following requirements for each class of license, and pass an examination.

Figure: 30 TAC §30.340(a) (.pdf)

[~~Figure: 30 TAC §30.340(a)~~]

(b) At least one-half of the total experience required for a wastewater treatment license must be in actual domestic wastewater treatment facility operation or maintenance duties. Related experience, which involves tasks similar to those required for operation of wastewater treatment facilities, will count at a rate of 50% toward meeting the total experience requirement. For laboratory experience to be applicable, the laboratory must be owned and operated by the permittee and the laboratory technician must consult daily with operational personnel.

(c) Wastewater collection system experience must be in actual wastewater collection system operation or maintenance duties. Credit for wastewater experience that is not directly connected with collection system operation or maintenance shall be approved if the experience involves tasks that are similar to that required for the operation and maintenance of collection systems. Each year of related experience shall count as 1/2 year of experience. Each year of experience in collection system operation and maintenance shall only count as 1/2 year of experience toward a wastewater treatment facility operator license.

(d) Individuals who request to substitute a bachelor's or master's degree for experience at the Class A, Class B, or Class III level must have a major in chemistry, biology, engineering, microbiology, bacteriology, or another similar discipline approved by the executive director.

(e) For each license, applicants may substitute either college hours or training credit hours to meet the experience requirement:

(1) 16 semester hours or an additional 20 hours of training credits are equal to six months of the required work experience;

(2) Class C and Class II applicants may only substitute up to one year of the required work experience; and

(3) Class A, Class B, and Class III applicants may only substitute up to two years of the required work experience.

(f) The hours of training credit required for a license must be in approved courses, which include the following or their equivalents.

Figure: 30 TAC §30.340(f) (No change.)

(g) An individual who previously held a Class D license or higher may not apply for a new Class D license if the individual currently operates any activated sludge type facilities, any trickling filter or rotating biological contractor facilities with a permitted daily average flow of 100,000 gallons per day or greater, or any facility that uses a subsurface area drip dispersal system as defined in §222.5 of this title (relating to Definitions) for disposal of its effluent. A trickling filter or rotating biological contractor is a secondary aerobic process that uses microbiological organisms attached to a fixed substrate.

§30.355. Additional Requirements for Wastewater Operations Companies.

(a) When a wastewater operations company submits an application to obtain or renew a registration, it must submit a report to the executive director. For each wastewater treatment facility or wastewater collection system the report shall include:

(1) the operations company name, location, and mailing address;

(2) the permittee's name and mailing addresses;

(3) the commission permit number, if applicable;

(4) the dates of operation during the registration validity period;

(5) the names and license numbers of all licensed operators employed by the operations company;

(6) the name of the licensed chief operator for each facility; and

(7) any additional information required by the executive director.

(b) A registered wastewater system operations company must apply for a new registration and submit an amended report if the company is bought or sold and the name of the company changes.

(c) Wastewater system operations companies shall pay a three year registration fee based on the number of facilities and collection systems served as indicated in the following table. The fees in the following table apply to applications for new registrations and applications to renew a registration received on or before the expiration date of the registration.

Figure: 30 TAC §30.355(c) (No change.)

(d) Applications to renew a registration received after the expiration date but not more than 90 days after the expiration are subject to 1.5 times the fee in subsection (c) of this section.

(e) Applications to renew a registration received after 90 days after the expiration date but not more than 180 days after expiration are subject to a fee 2 times fee in subsection (c) of this section.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 31, 2026.

TRD-202603246

Amy L. Browning

Deputy Director, Environmental Law Division

Texas Commission on Environmental Quality

Earliest possible date of adoption: September 13, 2026

For further information, please call: (512) 239-6087

SUBCHAPTER K. PUBLIC WATER SYSTEM OPERATORS AND OPERATIONS COMPANIES

30 TAC §§30.390, 30.392, 30.400

Statutory Authority

The proposed rules implement requirements in House Bill (HB) 1237, 89th Legislature, 2025, which amended TWC, §37.006(f) and (g) and added Subsection (h).

§30.390. Qualifications for Initial License.

(a) To obtain a license, an individual must meet the requirements of Subchapter A of this chapter (relating to Administration of Occupational Licenses and Registrations), and the following requirements for each class of license, and pass an examination.

Figure: 30 TAC §30.390(a) (.pdf)

[~~Figure: 30 TAC §30.390(a)~~]

(b) An individual who applies for a Class C, B, or A license, and relies on a bachelor's or master's degree to meet the educational requirements, must have a bachelor's or master's degree with a major in chemistry, biology, engineering, microbiology, bacteriology, or other similar discipline approved by the executive director.

(c) An individual who applies for a Class C or B license must obtain at least one-half of the total work experience requirement in the specific field for the license that is requested:

(1) for Class C and B surface water licenses, the experience must be obtained through operations activities at the production or treatment facilities for surface water or groundwater under the direct influence of surface water;

(2) for Class C and B groundwater licenses, the experience must be obtained through operations activities at the production or treatment facilities for groundwater source or groundwater under the direct influence of surface water; or

(3) for Class C and B distribution licenses, at least one-half of the required experience must be obtained as a result of operations activities at treated water storage, pumping, or distribution facilities; and

(4) once the work experience has been met from paragraphs (1), (2), or (3) of this subsection, the executive director may count any remaining experience to meet up to 50% of the remaining requirement.

(d) For all classes of licenses, laboratory experience must:

(1) be obtained at a laboratory that is owned and operated by the public water system; and

(2) involve daily consultation with individuals who perform process control duties in production or distribution of drinking water for the water system.

(e) For each license, applicants may substitute either college hours or training credits to meet the experience requirement:

(1) 16 semester hours or an additional 20 hours of training credits are equal to six months of the experience;

(2) Class C applicants may only substitute up to one year of the required work experience; and

(3) Class B and Class A applicants may only substitute up to two years of the required work experience.

(f) Training credits must be in approved courses that include the following or equivalent.

Figure: 30 TAC §30.390(f) (No change.)

(g) An individual who previously held a Class D license or higher shall not apply for a new Class D license if the individual:

(1) currently operates facilities at groundwater treatment systems of 250 connections or more;

(2) currently operates facilities at groundwater treatment systems serving a population of 750 or more;

(3) currently operates facilities at surface water treatment systems;

(4) currently operates facilities at groundwater systems under the influence of surface water;

(5) performs supervisor, crew chief, or foremen duties for distribution systems that have over 250 connections; or

(6) operates multiple groundwater systems and the cumulative number of connections exceeds 250.

§30.392. Qualifications for License Renewal.

(a) To renew a license, an individual must have met the requirements of Subchapter A of this chapter (relating to Administration of Occupational Licenses and Registrations) and completed a total amount of approved continuing education equal to that of ten hours per year the license is valid, two of which must qualify as resiliency training [~~for licenses that expire on or after April 1, 2024~~].

(b) The basic water training course shall not be used to renew a Class B or A license.

(1) at groundwater treatment systems of 250 connections or more;

(2) at groundwater treatment systems serving a population of 750 or more;

(3) at surface water treatment systems;

(4) at groundwater systems under the influence of surface water;

(5) who are supervisors, crew chiefs, or foremen of distribution systems that have over 250 connections; or

(6) who operate multiple groundwater systems and the cumulative number of connections exceeds 250.

(d) To renew an active converted perpetual license, an individual must have met the requirements of this section, with the exception of the renewal fee.

(e) Individuals with a license that expires on or after April 1, 2024, are required to take the Resiliency Overview Course once as part of the continuing education requirement to renew a license.

§30.400. Additional Requirements for Public Water System Operations Companies.

(a) When a public water system operating company submits an application to obtain or renew a registration, it must submit a report to the executive director. The report shall include:

(1) the public water system operating company name, registration number, location, and mailing address;

(2) the public water system identification number and name for each system operated;

(3) the dates of operation during the reporting period;

(4) the names and license numbers of all licensed operators employed by the operations company;

(5) the names of the licensed chief operators and licensed supervisors; and

(6) any additional information required by the executive director.

(b) A person that operates a public water system under contract must apply for a new registration and submit an amended report if a company is bought or sold and the name of the company changes.

(c) Public water system operating companies shall submit a registration fee based on the number of public water systems served as indicated in the following table. The fees in the following table apply to applications for new registrations and applications to renew a registration received on or before the expiration date of the registration.

Figure: 30 TAC §30.400(c) (No change.)

(d) Applications to renew a registration received after the expiration date but not more than 90 days after the expiration are subject to 1.5 times the fee in subsection (c) of this section.

(e) Applications to renew a registration received after 90 days after the expiration date but not more than 180 days after expiration are subject to 2 times the fee in subsection (c) of this section.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 31, 2026.

TRD-202603247

Amy L. Browning

Deputy Director, Environmental Law Division

Texas Commission on Environmental Quality

Earliest possible date of adoption: September 13, 2026

For further information, please call: (512) 239-6087