TITLE 22. EXAMINING BOARDS

PART 16. TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS

CHAPTER 341. LICENSE RENEWAL

22 TAC §§341.1, 341.6, 341.8, 341.9

The Texas Board of Physical Therapy Examiners adopts the amendments to 22 Texas Administrative Code (TAC) Chapter 341 License Renewal specifically the following sections: §341.1 Requirements for Renewal, §341.6 License Restoration, §341.8 Inactive Status, and §341.9 Retired Status; Performing Voluntary Charity Care.

The amendments are adopted without changes to the proposed text as published in the June 19, 2020, issue of the Texas Register (45 TexReg 4136). The rules will not be republished.

The amendments are adopted pursuant to the provisions in HB 2059 during the 86th Legislative Session that mandates the addition of human trafficking prevention training for health care practitioners as a condition of license renewal.

No public comment was received.

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

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

Filed with the Office of the Secretary of State on July 27, 2020.

TRD-202003037

Ralph A. Harper

Executive Director

Texas Board of Physical Therapy Examiners

Effective date: September 1, 2020

Proposal publication date: June 19, 2020

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


PART 17. TEXAS STATE BOARD OF PLUMBING EXAMINERS

CHAPTER 361. ADMINISTRATION

SUBCHAPTER A. GENERAL PROVISIONS

22 TAC §361.1

The Texas State Board of Plumbing Examiners (Board) adopts amendments to 22 Texas Administrative Code §361.1 without changes to the proposed text as published in the May 22, 2020, issue of the Texas Register (45 TexReg 3730). The rule will not be republished.

REASONED JUSTIFICATION

The amendment to §361.1, concerning definitions, indicates that although cleaning a drain or sewer line constitutes "service" of plumbing (and therefore the act of plumbing), inspection, alone, of a drain, of a sewer line, or of other plumbing, using a scope or camera, does not constitute the service of plumbing or the act of plumbing. The adopted rule clarifies the definition of plumbing and is consistent with Texas Occupations Code chapter 1301.

PUBLIC COMMENT

The Board published the proposed amendments to 22 Texas Administrative Code §361.1 in the May 22, 2020, issue of the Texas Register (45 TexReg 3730). No comments were received. A public hearing in accordance with Texas Government Code §2001.029 was not required.

STATUTORY AUTHORITY

Amended §361.1 is adopted under the authority of §1301.251(2) of the Texas Occupations Code, which requires the Board to adopt and enforce rules necessary to administer and enforce chapter 1301 of the Occupations Code (Plumbing License Law) and under the authority of, and to implement Plumbing License Law §1301.002(7), concerning definitions. This adoption affects the Plumbing License Law.

No other statute is affected by the adoption of this rule.

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

Filed with the Office of the Secretary of State on July 27, 2020.

TRD-202003042

Lisa Hill

Executive Director

Texas State Board of Plumbing Examiners

Effective date: August 16, 2020

Proposal publication date: June 5, 2020

For further information, please call: (512) 936-5226


CHAPTER 367. ENFORCEMENT

22 TAC §367.10

The Texas State Board of Plumbing Examiners (Board) adopts amendments to 22 Texas Administrative Code §367.10 without changes to the proposed text as published in the June 5, 2020, issue of the Texas Register (45 TexReg 3730). The rule will not be republished.

REASONED JUSTIFICATION

The amendment to §367.10 states when a plumbing company must disclose the license information of the Master Plumber acting as the Responsible Master Plumber (RMP) for the company and requires that documents including proposals, invoices, and contracts inform the public of the Board's regulatory authority and provide Board contact information. The rule eliminates the requirement to display an RMP's certificate of licensure in the place of business and stringent requirements including the font size of text in invoices, proposals, and other contracts. With respect to advertising, the proposed amendments make changes to modernize the rule and account for changes in technology, such as the Internet and digital advertising platforms, and changes in the marketplace such as the proliferation of franchisor/franchisee relationships. The amendment will expand the advertising and promotional activities expressly deemed to be exempt from the rule's requirements, thereby limiting existing regulations.

PUBLIC COMMENT

The Board published the proposed amendments to 22 Texas Administrative Code §367.10 in the June 5, 2020, issue of the Texas Register (45 TexReg 3730). No comments were received. A public hearing in accordance with Texas Government Code §2001.029 was not required.

STATUTORY AUTHORITY

Amended §367.10 is adopted under the authority of §1301.251(2) of the Texas Occupations Code, which requires the Board to adopt and enforce rules necessary to administer and enforce chapter 1301 of the Occupations Code (Plumbing License Law). It is also adopted under the authority of, and to implement Plumbing License Law §§1301.252, which prohibits false, misleading, and deceptive practices, and 1301.302, relating to required information in contractual documents.

No other statute is affected by the adoption of this rule.

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

Filed with the Office of the Secretary of State on July 27, 2020.

TRD-202003044

Lisa Hill

Executive Director

Texas State Board of Plumbing Examiners

Effective date: August 16, 2020

Proposal publication date: June 5, 2020

For further information, please call: (512) 936-5226