PART 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION

CHAPTER 67. AUCTIONEERS

16 TAC §§67.21, 67.40, 67.65, 67.66, 67.70, 67.71, 67.90

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 67, §§67.21, 67.40, 67.65, 67.70, and 67.71; and adopts new rules at §67.66 and §67.90, regarding the Auctioneers program, without changes to the proposed text as published in the March 29, 2024, issue of the Texas Register (49 TexReg 2032). These rules will not be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC, Chapter 67, implement Texas Occupations Code, Chapter 1802, Auctioneers.

The adopted rules implement House Bill (HB) 4416, 88th Legislature, Regular Session (2023). This bill addresses concerns identified in the Department's study of the Auctioneers program mandated by HB 1560, 87th Legislature, Regular Session (2021). Notably, HB 4416 removes the requirement that an associate auctioneer be employed by a licensed auctioneer. Additionally, the bill enhances consumer safety by requiring the auctioneer and client to sign a written contract and agree in writing to an inventory of property before an auction. HB 4416 also changes provisions in Chapter 1802 regarding the Auctioneer Education and Recovery Fund to raise the cap on claims against an auctioneer arising from a single auction, and to allow an aggrieved party to receive greater compensation for claims against an auctioneer.

The adopted rules also incorporate changes and updates recommended by Department staff to accurately reflect the current operation of auctioneer regulation.

SECTION-BY-SECTION SUMMARY

The adopted rules amend §67.21, License Requirements--Associate Auctioneers. The adopted rules amend §67.21(2) to remove the requirement that an associate auctioneer be employed by a licensed auctioneer.

The adopted rules amend §67.40, Auctioneer Education and Recovery Fund. The adopted rules amend §67.40(b) to change the date on which the department will determine the amount necessary to replenish the Auctioneer Education and Recovery Fund.

The adopted rules amend §67.40(d) to state that if an auctioneer owes an aggrieved party more than $15,000 for claims related to a single auction, the auctioneer must pay any amount over $15,000.

The adopted rules amend §67.40(e) to increase the total maximum payment from the recovery fund for claims arising from a single auction to $100,000.

The adopted rules add §67.40(f) to state that any damages arising from a single auction in excess of $100,000 must be prorated among all aggrieved parties, with damages in excess of $100,000 to be paid directly by the auctioneer.

The adopted rules reletter existing §67.40(f) to become new §67.40(g).

The adopted rules reletter existing §67.40(g) to become new §67.40(h).

The adopted rules add §67.40(i) to state that the department may revoke a person's auctioneer or associate auctioneer license if a payment from the recovery fund has been made and the licensee has not repaid the department.

The adopted rules reletter existing §67.40(h) to become new §67.40(j).

The adopted rules amend §67.65, Auctioneer Advisory Board. The adopted rules add §67.65(d) to state that the presiding offer must consider where potential advisory board members reside when making appointments to the advisory board.

The adopted rules add new §67.66, Terms; Vacancies. The adopted rules add §67.66(a) to state that advisory board members serve six-year terms that expire on September 1 of odd-numbered years.

The adopted rules add §67.66(b) to state that advisory board members may not serve more than two consecutive terms.

The adopted rules add §67.66(c) to state that, in the event of a vacancy on the advisory board, the presiding officer of the commission, after receiving the commission's approval, must appoint a replacement to serve the remainder of the vacated term.

The adopted rules amend §67.70, Auctioneer Standards of Practice. The adopted rules replace the language in existing §67.70(b)(4) with new language to state that an auctioneer must have a written contract in place, with all terms and signed by both the auctioneer and client, before an auction.

The adopted rules replace the language in existing §67.70(b)(5) with new language requiring each contract for the services of an auctioneer to include information required by commission rule.

The adopted rules replace the language in existing §67.70(b)(6) with new language to state that before an auction, the auctioneer and client must agree in writing to an itemized inventory of property on a form prescribed by the department.

The adopted rules transfer the language in existing §67.70(b)(4) to become new §67.40(b)(7).

The adopted rules transfer the language in existing §67.70(b)(5) to become new §67.40(b)(8) and add "inventories of property" to the list of documents auctioneers must retain.

The adopted rules transfer the language in existing §67.70(b)(6) to become new §67.40(b)(9).

The adopted rules transfer the language in existing §67.70(b)(7) to become new §67.40(b)(10).

The adopted rules transfer the language in existing §67.70(b)(8) to become new §67.70(b)(11).

The adopted rules transfer the language in existing §67.70(b)(9) to become new §67.70(b)(12).

The adopted rules amend §67.71, Requirements--Sponsoring Auctioneer. The adopted rules amend §67.71(a) to remove the requirement that an associate auctioneer be employed by a licensed auctioneer and replace it with the requirement that an associate auctioneer work under the direct supervision of a licensed auctioneer.

The adopted rules add new §67.90, Administrative Penalties and Sanctions, to state that a violation of the laws, rules, or an order of the Department's executive director or Commission are grounds for administrative penalties or license sanctions.

PUBLIC COMMENTS

The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposed rules were published in the March 29, 2024, issue of the Texas Register (49 TexReg 2032). The public comment period closed on April 29, 2024. The Department did not receive any comments from interested parties on the proposed rules.

ADVISORY BOARD RECOMMENDATIONS AND COMMISSION ACTION

The Auctioneer Advisory Board met on June 12, 2024, to discuss the proposed rules and the public comments received. The Advisory Board recommended that the Commission adopt the proposed rules as published in the Texas Register. At its meeting on July 23, 2024, the Commission adopted the proposed rules as recommended by the Advisory Board.

STATUTORY AUTHORITY

The adopted rules are adopted under Texas Occupations Code, Chapters 51 and 1802, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51 and 1802. No other statutes, articles, or codes are affected by the adopted rules.

The legislation that enacted the statutory authority under which the adopted rules are proposed to be adopted is House Bill 4416, 88th Legislature, Regular Session (2023).

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 August 9, 2024.

TRD-202403666

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2024

Proposal publication date: March 29, 2024

For further information, please call: (512) 475-4879

16 TAC §§73.10, 73.26, 73.80, 73.110, 73.111

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 73, §73.10 and §73.80, and new rules at 16 TAC, Chapter 73, §73.110 and §73.111, regarding the Electricians program, without changes to the proposed text as published in the May 3, 2024, issue of the Texas Register (49 TexReg 2878). These rules will not be republished.

The Commission also adopts amendments to existing rules at 16 TAC Chapter 73, §73.26, regarding the Electricians program, with a change to the proposed text as published in the May 3, 2024, issue of the Texas Register (49 TexReg 2878). This rule will be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC, Chapter 73, implement Texas Occupations Code, Chapter 1305, Electricians.

The adopted rules implement House Bill (HB) 1391, 88th Legislature, Regular Session (2023). HB 1391 provides a new pathway to a residential wireman license for students who complete a focused career and technology education (CTE) program offered by a Texas high school or institution of higher education. The bill requires the Department to establish standards by rule for the essential knowledge and skills used to build these programs.

Members of the Electrical Safety and Licensing Advisory Board, along with Department staff and representatives from Texas State Technical College, identified an existing series of rules approved by the State Board of Education (SBOE) setting out the essential knowledge and skills for a series of courses in electrical technology. After spending several meetings reviewing the educational requirements of these courses and obtaining valuable insight from Texas Education Agency staff regarding the time and practical requirements of each, the group identified four SBOE-approved courses that provide the essential classroom and practical training needed for a student to become competent as a residential wireman. These courses are identified in §73.110 of the adopted rules.

The adopted rules recognize that while a student must complete certain coursework in a classroom setting, hands-on instruction is of paramount importance in the learning experience. Thus, at least 80% of classroom time in two courses - Electrical Technology I and II - must be spent on hands-on or lab work. Additionally, four credits of course credit in a "practicum" setting are required. Students will earn these credits by working outside of the classroom under the supervision of a licensed master electrician on behalf of a licensed electrical contractor. The adopted rules also require schools to provide a student with course credit for appropriate work performed outside of the program, such as through an after-school or summer job.

HB 1391 also requires the Department to verify that CTE programs offered by institutions of higher education or private high schools are similar to those offered by public high schools. Section 73.111 thus requires institutions of higher education or private high schools to request a determination from the Department that their programs meet the standards set by §73.110.

Lastly, the adopted rules implement HB 1391's requirement that the Department waive license renewal fees for instructors of CTE programs.

SECTION-BY-SECTION SUMMARY

The adopted rules amend §73.10 to add necessary definitions of "career and technology education program" and "institution of higher education." The remaining definitions are renumbered.

The adopted rules amend §73.26 to add subsection (d), which requires an applicant for a residential wireman license who has completed a CTE program to verify completion in a form acceptable to the department. In the term "career and technology education program" the word "education" was inadvertently dropped and is replaced in the adoption text in this section.

The adopted rules amend §73.80 to add two subsections. New §73.80(f) sets the cost of a determination under new §73.111 at $90. New §73.80(g) provides that the Department will waive the renewal fee for a master electrician, journeyman electrician, or residential wireman who instructs a CTE program.

The adopted rules create new §73.110, which outlines the requirements governing CTE programs. Subsection (a) is simply explanatory and states the Department's obligations regarding CTE programs under HB 1391. Subsection (b) is the centerpiece of new §73.110. This subsection states that CTE programs must be designed to ensure that students obtain the essential skills and knowledge outlined in several cross-referenced rules of the Texas Education Agency. Paragraphs (b)(1) through (b)(4) provide the cross-references to those rules and specify the number of academic credits required to be dedicated to each set of essential skills and knowledge.

Subsection (b) also requires schools that offer CTE courses to provide a substantial amount of practical instruction. This subsection mandates that hands-on instruction, including lab work, be provided to students for at least 80% of total time spent in the classroom covering the topics in the Electrical Technology I and II courses. This requirement is vital to ensure that students have ample training on safety, tools, methods, and equipment under proper supervision before performing work outside of the classroom. Subsection (b) further ensures that students receive adequate instruction by prohibiting a CTE program from granting students course credit by examination.

Paragraph (b)(4) requires a CTE program to include four credits of "practicum" experience, in addition to the classroom portions required by paragraphs (b)(1) through (b)(3). In a practicum setting, students will work - with or without pay, depending on the arrangement - outside of the classroom under the supervision of a licensed master electrician while performing work on behalf of a licensed electrical contractor. Recognizing that some part of a student's time in a practicum will be dedicated to consultation with school administrators, §73.110(b)(4)(A) requires that at least 80% of practicum time be spent outside of the classroom and working under the supervision of a licensed master electrician on behalf of a licensed electrical contractor.

Because a student's academic schedule may not have room for four hours in a practicum setting, §73.110(b)(4)(B) includes HB 1391's requirement that a school provide course credit for appropriate work performed by the student outside of the program. This provision states that a school must implement procedures to ensure that students who work outside of the program - after school hours, on weekends, or as a summer job, for example - are able to receive course credit toward the practicum component for that work.

Subsections (c) and (d) of adopted §73.110 simply implement HB 1391's requirements that CTE courses be instructed by a department-licensed master electrician, journeyman electrician, or residential wireman, and that CTE courses offered by an institution of higher education be no more stringent than a course offered by a public high school. Subsection (e) states that the Department will recognize a CTE course offered by an institution of higher education or private high school if it substantially complies with §73.110. Subsection (f) repeats HB 1391's requirement that hours spent completing a CTE program may not be credited toward another type of electrical license.

Lastly, adopted new §73.111 sets out the procedures for an institution of higher education or private high school to request a determination from the Department that its CTE program meets the standards of §73.110. Subsection (a) requires these schools to request a determination and specifies the items to be included in the request. Once a school has received a determination of substantial compliance, subsection (b) simply requires schools to notify the Department of major changes to its program. Rounding out the adopted rules, subsections (c) and (d) specify that the Department may rescind its determination if a program is not in compliance with §73.110, and that such a determination is not a contested case under the Administrative Procedure Act, Texas Government Code, Chapter 2001.

PUBLIC COMMENTS

The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposed rules were published in the May 3, 2024, issue of the Texas Register (49 TexReg 2878). The public comment period closed on June 3, 2024. The Department received comments from one interested organization, Associated Builders and Contractors of Texas Inc. (ABC Texas), and two comments unrelated to this rulemaking, during the public comment period. The public comments are summarized below.

Comment: ABC Texas commented that it strongly supports the rules because they will make the path more efficient for individuals to enter the industry and earn their trade licenses, helping to ease a shortage of skilled labor. Further, the commenter supports TDLR's review and approval of educational programs for consistency and compliance with the law, which will help ensure high-quality training, job site safety, and project quality.

Department Response: The Department appreciates the comment in support of the rules and did not make any changes to the proposed rules in response to these comments.

Comment: Two commenters provided comments that were actually questions relating to the licensing process.

Department Response: These comments have been forwarded to the appropriate staff to assist the commenters. The Department did not make any changes to the proposed rules in response to these comments.

ADVISORY BOARD RECOMMENDATIONS AND COMMISSION ACTION

The Electrical Safety and Licensing Advisory Board met on June 10, 2024, to discuss the proposed rules and the public comment received. The Advisory Board recommended that the Commission adopt the proposed rules as published in the Texas Register with a change to §73.26, as explained in the Section-by-Section Summary. At its meeting on July 23, 2024, the Commission adopted the proposed rules as recommended by the Advisory Board.

STATUTORY AUTHORITY

The adopted rules are adopted under Texas Occupations Code, Chapters 51 and 1305, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51 and 1305. No other statutes, articles, or codes are affected by the adopted rules.

The legislation that enacted the statutory authority under which the adopted rules are proposed to be adopted is House Bill 1391, 88th Legislature, Regular Session (2023).

§73.26.Documentation of Required On-The-Job Training.

(a) An applicant for a license which requires on-the-job training under Occupations Code Chapter 1305 may verify that he or she has completed on-the-job training by submitting the department's experience verification form with the license application.

(b) When an applicant or the department requests verification of on-the-job training of an applicant from a licensee who is authorized by Occupations Code Chapter 1305 to verify on-the-job training, the licensee must provide the verification within 30 calendar days of the request. The licensee must verify only on-the-job training within the licensee's knowledge. The licensee must verify the dates of on-the-job training, describe the work performed by the applicant, specify the name of the business under which the applicant's work was performed, and provide any other information required on the department's form.

(c) An applicant for a journeyman lineman license must verify that he or she has completed the apprenticeship required by Occupations Code Chapter 1305 by submitting verification in a form acceptable to the department.

(d) An applicant for a residential wireman license who has completed a career and technology education program must verify completion by submitting verification in a form acceptable to the department.

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 August 9, 2024.

TRD-202403667

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2024

Proposal publication date: May 3, 2024

For further information, please call: (512) 475-4879

16 TAC §§75.10, 75.25, 75.30, 75.70, 75.80, 75.120, 75.124, 75.125

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 75, §§75.10, 75.25, 75.30, 75.70, 75.80, and 75.120, and adopts new rules at §75.125, regarding the Air Conditioning and Refrigeration Contractors program, without changes to the proposed text as published in the May 3, 2024, issue of the Texas Register (49 TexReg 2883). These rules will not be republished.

The Commission also adopts new rules at 16 TAC Chapter 75, §75.124, regarding the Air Conditioning and Refrigeration Contractors program, with a change to the proposed text as published in the May 3, 2024, issue of the Texas Register (49 TexReg 2883). These rules will be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC, Chapter 75, implement Texas Occupations Code, Chapter 1302, Air Conditioning and Refrigeration Contractors.

The adopted rules implement House Bill (HB) 1859, 88th Legislature, Regular Session (2023). HB 1859 provides a new pathway to an air conditioning and refrigeration technician certification for students who complete a focused career and technology education (CTE) program offered by a Texas high school or institution of higher education. The bill requires the Department to establish standards by rule for the essential knowledge and skills used to build these programs.

Members of the Air Conditioning and Refrigeration Contractors Advisory Board, along with Department staff and representatives from Texas State Technical College, identified an existing series of rules approved by the State Board of Education (SBOE) setting out the essential knowledge and skills for a series of courses in air conditioning and refrigeration technology. After spending several meetings reviewing the educational requirements of these courses and obtaining valuable insight from Texas Education Agency staff regarding the time and practical requirements of each, the group identified four SBOE-approved courses that provide the essential classroom and practical training needed for a student to become competent as a certified technician. These courses are identified in §75.124 of the adopted rules.

The adopted rules recognize that while a student must complete certain coursework in a classroom setting, hands-on instruction is of paramount importance in the learning experience. Thus, at least 80% of classroom time in two courses - Heating, Ventilation, and Air Conditioning Technology I and II - must be spent on hands-on or lab work. Additionally, three credits of course credit in a "practicum" setting are required. Students will earn these credits by working outside of the classroom under the supervision of a licensed air conditioning and refrigeration contractor. The adopted rules also require schools to provide a student with course credit for appropriate work performed outside of the program, such as through an after-school or summer job.

HB 1859 also requires the Department to verify that CTE programs offered by institutions of higher education or private high schools are similar to those offered by public high schools. Section 75.125 thus requires institutions of higher education or private high schools to request a determination from the Department that their programs meet the standards set by §75.124.

Lastly, several other changes required by HB 1859 are implemented in these adopted rules:

-Lowering the minimum age of a registered technician to 16 years of age (from 18);

-Requiring in-person supervision of a registered technician under the age of 18;

-For a person seeking to become a certified technician, removing the requirement that the certification training program has to have been completed within the preceding four years;

-Waiving license renewal fees for instructors of CTE programs; and

-Providing instructors of these programs with continuing education credits.

SECTION-BY-SECTION SUMMARY

The adopted rules amend §75.10 to add and clarify definitions. The definition for "career and technology education program" is a necessary inclusion to implement HB 1859 and distinguish it from the "certification training program" created by HB 3029, 85th Regular Session (2017). The adopted rules amend the definition of "certification training program" to make this distinction clearer. The adopted rules also add definitions of "institution of higher education" and "in-person supervision" to §75.10. Both are necessary to implement HB 1859.

The adopted rules amend §75.25 to add subsection (g), which allows an air conditioning and refrigeration contractor to receive up to two hours of continuing education credit per academic semester for instructing a CTE program.

The adopted rules amend §75.30(a)(6) to reword the exemption applicable to students enrolled in CTE programs.

The adopted rules add §75.70(a)(12), which requires an air conditioning and refrigeration contractor to provide in-person supervision, either personally or via a certified technician, to a person under the age of 18 who is acting or offering to act as an air conditioning and refrigeration technician.

The adopted rules amend §75.80 to add two subsections. New §75.80(e) sets the cost of a determination under new §75.125 at $90. New §75.80(f) provides that the Department will waive the renewal fee for an air conditioning and refrigeration contractor or certified technician who instructs a CTE program. Existing §75.80(e) has been moved to new §75.80(g).

The adopted rules amend §75.120(a)(1) to clarify that a person who completes a CTE program is eligible to apply for an air conditioning and refrigeration technician certification. Additionally, the adopted rules amend §75.120(a)(1)(B) (formerly §75.120(a)(1)(A)) to remove unnecessary language and remove the requirement that a certification training program have been completed within the past 48 months.

The adopted rules create new §75.124, which outlines the requirements governing CTE programs. Subsection (a) is simply explanatory and states the Department's obligations regarding CTE programs under HB 1859. Subsection (b) is the centerpiece of new §75.124. This subsection states that CTE programs must be designed to ensure that students obtain the essential skills and knowledge outlined in several cross-referenced rules of the Texas Education Agency. Subsection (b)(1) through (b)(4) provide the cross-references to those rules and specify the number of academic credits required to be dedicated to each set of essential skills and knowledge.

Subsection (b) also requires schools that offer CTE courses to provide a substantial amount of practical instruction. This subsection mandates that hands-on instruction, including lab work, be provided to students for at least 80% of total time spent in the classroom covering topics in the Heating, Ventilation, and Air Conditioning I and II courses. This requirement is vital to ensure that students have ample training on safety, tools, methods, and equipment under proper supervision before performing work outside of the classroom. Subsection (b) further ensures that students receive adequate instruction by prohibiting a CTE program from granting students course credit by examination.

Subsection (b)(4) requires a CTE program to include three credits of "practicum" experience, in addition to the classroom portions required by subsection (b)(1) through (b)(3). In a practicum setting, students will work - with or without pay, depending on the arrangement - outside of the classroom under the supervision of a licensed air conditioning and refrigeration contractor. Recognizing that some part of a student's time in a practicum will be dedicated to consultation with school administrators, adopted §75.124(b)(4)(A) requires that at least 80% of practicum time be spent outside of the classroom and working under the supervision of a licensed air conditioning and refrigeration contractor.

Because a student's academic schedule may not have room for three hours in a practicum setting, §75.124(b)(4)(B) includes HB 1859's requirement that a school provide course credit for appropriate work performed by the student outside of the program. This provision states that a school must implement procedures to ensure that students who work outside of the program - after school hours, on weekends, or as a summer job, for example - are able to receive course credit toward the practicum component for that work. In this subsection, "a" was inadvertently left out of the proposed text "supervision of a department-licensed air conditioning and refrigeration contractor" and is inserted in the adoption text at the recommendation of staff.

Subsections (c) and (d) of adopted §75.124 simply implement HB 1859's requirements that CTE courses be instructed by department-licensed air conditioning and refrigeration contractors or certified technicians, and that CTE courses offered by an institution of higher education be no more stringent than a course offered by a public high school. Lastly, subsection (e) states that the Department will recognize a CTE course offered by an institution of higher education or private high school if it substantially complies with §75.124.

Finally, adopted new §75.125 sets out the procedures for an institution of higher education or private high school to request a determination from the Department that its CTE program meets the standards of §75.124. Subsection (a) requires these schools to request a determination and specifies the items to be included in the request. Once a school has received a determination of substantial compliance, subsection (b) simply requires schools to notify the Department of major changes to its program. Rounding out the adopted rules, subsections (c) and (d) specify that the Department may rescind its determination if a program is not in compliance with §75.124, and that such a determination is not a contested case under the Administrative Procedure Act, Texas Government Code, Chapter 2001.

PUBLIC COMMENTS

The Department posted a summary of the proposed rules on the Department's website on April 23, 2024, before the publication of the proposed rules and the official start of the public comment period. The Department received written comments from four interested parties in response to the summary of the proposed rules. The complete proposed rules were drafted and distributed to persons internal and external to the agency and were published in the May 3, 2024, issue of the Texas Register (49 TexReg 2883). The public comment period closed on June 3, 2024. The Department received comments on the proposed rules from two additional interested parties. The public comments are summarized below.

Comment: Comments from three individuals received in response to the posting of the rule summary oppose the ability of students as young as 16 to become registered and receive training and work experience in a CTE program to become eligible for certification as early as 18 years of age. The commenters express concern that applicants will not be required to have completed 24 months of air conditioning and refrigeration work to become qualified to take the examination for a certified technician. The commenters also express concerns about immaturity and preparedness for responsibilities including pricing jobs, as well as lack of experience and lack of guidance from an experienced person.

Department Response: The Department agrees that students who participate in a CTE program may have fewer hours of work experience than those taking the traditional route to certification. However, the requirements for specific educational course components, hands-on training, and work experience supervised in-person by a licensed contractor fulfill the intent of the legislation to provide another pathway for students desiring to enter the workforce earlier but adequately prepared. A person younger than 18 years of age who is acting or offering to act as a technician must always work under the direct on-site supervision of a licensed contractor or certified technician.

The Department is obligated to implement the new pathway to certification provided in the statute. The educational program emphasizes the practicum and requires supervision by a licensed contractor during on-the-job training. Likewise, only licensed contractors or certified technicians may teach the required coursework. Any person who obtains certification after completion of the training program, and passes the Certified Technician Exam, is only authorized to perform activities within the scope of the certification and must have additional qualifications for a contractor license just as any other applicant must.

The content of the training courses an applicant must take is detailed in §75.124 of the proposed rules. Potential employers who prefer the person to have additional work experience may adjust their experience requirements and hiring criteria as desired. The Department made no changes to the proposed rules in response to these comments.

Comment: The fourth comment received in response to the posted rule summary questioned how a license holder who teaches full time, part time, or as an adjunct instructor in a career and technology education program will be able to validate their employment in the program.

Department Response: The Department will initially collect reasonable documentation including employment records such as pay receipts, syllabus or course descriptions and course schedules, copies of employment agreements, tax documents, or employment verification letters on employer letterhead until streamlined, standardized documentation requirements can be established in consultation with educational institutions providing approved training programs. The Department made no changes to the proposed rules in response to this comment.

The Department received two supportive written comments from one individual and one interested organization, Associated Builders and Contractors of Texas Inc. (ABC Texas), during the public comment period following publication of the complete proposed rules.

Comment: ABC Texas commented that it strongly supports the rules because they will make the path more efficient for individuals to enter the industry and earn their trade licenses, helping to ease a shortage of skilled labor. Further, the commenter supports TDLR's review and approval of educational programs for consistency and compliance with the law, which will help ensure high-quality training, job site safety, and project quality. The individual commenter expressed general support for the CTE program leading to the certificate.

Department Response: The Department appreciates the comments in support of the rules and did not make any changes to the proposed rules.

Comment: One commenter expressed that the Department should prioritize enforcement against unlicensed persons rather than adopting the proposed rules.

Department Response: The Department takes its role in enforcing the law against unlicensed persons very seriously and continues to pursue such cases. The Department did not make any changes to the proposed rules in response to this comment.

ADVISORY BOARD RECOMMENDATIONS AND COMMISSION ACTION

The Air Conditioning and Refrigeration Contractors Advisory Board met on June 10, 2024, to discuss the proposed rules and the public comments received. Because a quorum of the Advisory Board was not present, no official action could be taken. However, the Department recommends that the Commission adopt the proposed rules as published in the Texas Register with a change to §75.124, as explained in the Section-by-Section Summary. At its meeting on July 23, 2024, the Commission adopted the proposed rules as recommended by the Department.

STATUTORY AUTHORITY

The adopted rules are adopted under Texas Occupations Code, Chapters 51 and 1302, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51 and 1302. No other statutes, articles, or codes are affected by the adopted rules.

The legislation that enacted the statutory authority under which the adopted rules are proposed to be adopted is House Bill 1859, 88th Legislature, Regular Session (2023).

§75.124.Career and technology education program requirements.

(a) Sections 1302.5036 and 1302.5037 of the Act provide a pathway to an air conditioning and refrigeration technician certification for persons who complete a career and technology education program. Pursuant to §1302.5037, the department is required to:

(1) establish standards for the essential knowledge and skills of career and technology education programs offered in Texas public high schools; and

(2) determine on a case-by-case basis whether educational programs offered by private high schools and institutions of higher education are similar to career and technology education programs offered in Texas public high schools.

(b) A career and technology education program must be designed to ensure that students obtain the essential knowledge and skills set out in the following cross-referenced rules of the Texas Education Agency. The minimum number of academic credits required for each course is also noted. Students enrolled in courses identified in paragraphs (2) and (3) below must be provided hands-on practical instruction, including interactive lab work, for at least 80 percent of total classroom time. A career and technology education program may not allow students to obtain credit by examination.

(1) Principles of Construction; Texas Administrative Code Title 19, Part 2, Chapter 130, Subchapter B, §130.43; one credit.

(2) Heating, Ventilation, and Air Conditioning and Refrigeration Technology I; Texas Administrative Code Title 19, Part 2, Chapter 130, Subchapter B, §130.59; one credit.

(3) Heating, Ventilation, and Air Conditioning and Refrigeration Technology II; Texas Administrative Code Title 19, Part 2, Chapter 130, Subchapter B, §130.60; two credits. Instruction regarding sheet metal and fiberglass ductwork, described in §130.60(c)(14) and (15), is optional.

(4) Practicum in Construction Technology and Extended Practicum in Construction Technology; Texas Administrative Code Title 19, Part 2, Chapter 130, Subchapter B, §130.64 and §130.69; three total credits.

(A) At least 80 percent of a student's time in a practicum must be spent outside of the classroom and working under the supervision of a department-licensed air conditioning and refrigeration contractor.

(B) A high school or institution of higher education offering a career and technology education program under this section must implement procedures allowing a student to earn course credit for work performed outside of the classroom under the supervision of a department-licensed air conditioning and refrigeration contractor.

(c) A career and technology education program will not be recognized by the department unless it is instructed by:

(1) a department-licensed air conditioning and refrigeration contractor; or

(2) a certified technician whose certification was issued on or after September 1, 2018.

(d) A career and technology education program offered by an institution of higher education may not be more stringent than a program offered by a public high school.

(e) The department will recognize an educational program offered by a private high school or institution of higher education as a "career and technology education program" for purposes of §75.120 if the department determines that the educational program substantially complies with the requirements of this section.

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 August 9, 2024.

TRD-202403663

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2024

Proposal publication date: May 3, 2024

For further information, please call: (512) 475-4879

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 75, §75.110, regarding the Air Conditioning and Refrigeration Contractors program, without changes to the proposed text as published in the April 26, 2024, issue of the Texas Register (49 TexReg 2605). These rules will not be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC, Chapter 75, implement Texas Occupations Code, Chapter 1302, Air Conditioning and Refrigeration Contractors.

The Air Conditioning and Refrigeration Contractor License Law, Texas Occupations Code, Chapter 1302, §1302.101(a), requires the Commission to adopt rules for the practice of air conditioning and refrigeration contracting that are at least as strict as the standards of the Uniform Mechanical Code and the International Mechanical Code. The codes define the standard of practice for air conditioning and refrigeration contracting and are used by Department staff to evaluate the mechanical integrity and proper installation and service of air conditioning and refrigeration systems. Texas has also adopted the International Residential Code and the International Fuel Gas Code in accordance with Occ. Code, Chapter 1301, Plumbers, §1301.255. The adopted rule amendments are necessary to align the program's regulations with these currently recognized national standards and to provide clarity and consistency for the Department's licensees.

The adopted rule updates the applicable code editions from 2018 to 2021 for the International Residential Code, International Mechanical Code, International Fuel Gas Code, and Uniform Mechanical Code.

SECTION-BY-SECTION SUMMARY

The adopted rule amends §75.110, Applicable Codes, subsection (a), to adopt the 2021 editions of the International Residential Code, International Mechanical Code, International Fuel Gas Code, and Uniform Mechanical Code.

The adopted rule amends §75.110, Applicable Codes, subsection (b), to state that the currently adopted code editions will remain in effect through August 31, 2024. Adopted subsection (b) states that air conditioning and refrigeration work permitted or started before September 1, 2024, may be performed in accordance with the 2018 edition of the applicable codes.

PUBLIC COMMENTS

The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposed rules were published in the April 26, 2024, issue of the Texas Register (49 TexReg 2605). The public comment period closed on May 28, 2024. The Department received comments on the proposed rules from six interested parties. The public comments are summarized below.

Comment: The International Association of Plumbing and Mechanical Officials (IAPMO) commented, by both written submission and orally at the June 10 Advisory Board meeting, in support of the rules - in particular, about the adoption of the 2021 Uniform Mechanical Code (UMC). The IAPMO noted that the UMC is favored by the industry for its ability to balance prescriptive requirements and performance standards to ensure adherence to safety standards while fostering innovation and efficiency. The organization commented that the 2021 edition of the UMC could provide clear guidance for inspectors, simplify enforcement, and possibly minimize construction delays. Finally, the IAPMO commented that the UMC integrates established health and safety standards with the latest technological advancements.

Department Response: The Department appreciates the comments in support of the rules and agrees that the adoption of the 2021 UMC will benefit both the public and the air conditioning and refrigeration industry. The Department made no changes to the proposed rules as a result of the comments.

Comment: The Department received comments from the International Code Council (ICC); the Air-Conditioning, Heating, and Refrigeration Institute (AHRI) (a trade association); and three businesses in the air conditioning and refrigeration industry. The AHRI commented both by submitting written materials and speaking at the Advisory Board meeting; the remaining entities provided oral comment. These entities support adopting more recent amendments to the 2021 codes, or moving to adopt the 2024 codes, because the codes now being adopted do not yet include standards for use of A2L refrigerant - hydrofluoroolefins (HFOs) and HFO blends. Later standards and codes do include specifications for the new type of refrigerant, which is already in wide use and for which equipment is being manufactured.

Department Response: The Department agrees that TDLR should timely adopt codes to keep pace with technology, but also considers the affects that updating them causes regarding changeover and compliance. Because the 2021 codes being adopted do not encompass A2Ls, the addition of this material cannot be accomplished in this rulemaking. The law mandates an opportunity for a public notice-and-comment period to address such amendments. However, the Department is taking the adoption of amendments to the 2021 codes, or the adoption of the 2024 versions of the codes, into consideration for rulemaking upon adoption of the 2021 codes in the current rulemaking and will seek public input during that action. The Department has not made changes to the rules in response to these comments.

ADVISORY BOARD RECOMMENDATIONS AND COMMISSION ACTION

The Air Conditioning and Refrigeration Contractors Advisory Board met on June 10, 2024, to discuss the proposed rules and the public comment received. Because a quorum of the Advisory Board was not present, no official action could be taken. However, the Department recommends that the Commission adopt the proposed rules at this time as published in the Texas Register in accordance with the previously expressed wishes of the members of the Advisory Board. All members present continued to favor adoption. At its meeting on July 23, 2024, the Commission adopted the proposed rules as recommended by the Department.

STATUTORY AUTHORITY

The adopted rule is adopted under Texas Occupations Code, Chapters 51 and 1302, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department. The adopted rule is also adopted under Texas Occupations Code, Chapter 1301, Plumbers.

The statutory provisions affected by the adopted rule are those set forth in Texas Occupations Code, Chapters 51, 1301, and 1302. No other statutes, articles, or codes are affected by the adopted 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 August 9, 2024.

TRD-202403661

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2024

Proposal publication date: April 26, 2024

For further information, please call: (512) 475-4879

16 TAC §§110.12, 110.21, 110.70

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 110, §§110.12, 110.21, and 110.70, regarding the Athletic Trainers program, without changes to the proposed text as published in the March 8, 2024, issue of the Texas Register (49 TexReg 1383). These rules will not be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The adopted rules under 16 TAC, Chapter 110, implement Texas Occupations Code, Chapter 451, Athletic Trainers.

The adopted rules are necessary to implement House Bill (HB) 2495 and HB 2512, 88th Legislature, Regular Session (2023). The adopted rules update definitions to reflect the current state of the occupation and remove outdated language related to licensure qualifications and requirements to obtain or renew a license. The adopted rules ensure consistency with processes already in place at the Department. The adopted rules also allow greater access to an athletic trainer's services under supervision and increase employment opportunities.

HB 2495

Section 3 of HB 2495 amends Texas Occupations Code, Chapter 451, to remove the option of fulfilling the athletic trainer license qualifications by holding a degree in corrective therapy. Section 3 also removes the apprenticeship requirement of a minimum of 20 hours of work per week during the fall semester, as specific sport seasons now span both fall and spring semesters. The adopted rules make corresponding changes to 16 TAC, Chapter 110.

HB 2512

Section 1 of HB 2512 amends Texas Occupations Code, Chapter 451, to update the definitions of "athletic injury" and "athletic training." The adopted rules make corresponding changes to 16 TAC, Chapter 110.

SECTION-BY-SECTION SUMMARY

The adopted rules amend §110.12, Scope of Practice. The adopted rules amend §110.12(a) to update the description of what services a licensed athletic trainer performs, to reflect the changes made by HB 2512 to the statutory definition of "athletic training."

The adopted rules amend §110.21, License Requirements. The adopted rules amend §110.21(c) to remove the option of fulfilling the athletic trainer license qualifications by holding a degree in corrective therapy.

The adopted rules amend §110.21(c)(2) to remove the minimum number of hours an apprentice must work weekly. The adopted rules also remove a time period for apprenticeship hours that is no longer applicable to the modern collegiate athletic calendar.

The adopted rules amend §110.70, Standards of Conduct. The adopted rules amend §110.70(a) to update the description of what services a licensed athletic trainer performs by referring to the applicable statute section.

PUBLIC COMMENTS

The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposed rules were published in the March 8, 2024, issue of the Texas Register (49 TexReg 1383). The public comment period closed on April 8, 2024. The Department received comments from one interested party on the proposed rules. The public comment is summarized below.

Comment: The comment received was from the Texas State Athletic Trainers Association in favor of the proposed rules as published. The comment specifically opined that it was not the intent of the Legislature to expand the scope of practice of the licensees.

Department Response: The Department appreciates the comment in support of the proposed rule. The Department did not make any changes to the proposed rules as a result of the comment.

ADVISORY BOARD RECOMMENDATIONS AND COMMISSION ACTION

The Advisory Board of Athletic Trainers met on May 1, 2024, to discuss the proposed rules and the public comment received. The Advisory Board recommended that the Commission adopt the proposed rules as published in the Texas Register. At its meeting on July 23, 2024, the Commission adopted the proposed rules as recommended by the Advisory Board.

STATUTORY AUTHORITY

The adopted rules are adopted under Texas Occupations Code, Chapters 51 and 451, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51 and 451, and Texas Education Code, Chapter 38. No other statutes, articles, or codes are affected by the adopted rules.

The legislation that enacted the statutory authority under which the adopted rules are proposed to be adopted are House Bill 2495 and House Bill 2512, 88th Legislature, Regular Session (2023).

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 August 9, 2024.

TRD-202403665

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Effective date: September 1, 2024

Proposal publication date: March 8, 2024

For further information, please call: (512) 475-4879