PART 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION
CHAPTER 70. INDUSTRIALIZED HOUSING AND BUILDINGS
The Texas Commission of Licensing and Regulation (Commission) adopts an amendment to existing rules at 16 Texas Administrative Code (TAC), Chapter 70, §70.100, regarding the Industrialized Housing and Buildings program, without changes to the proposed text as published in the April 5, 2024, issue of the Texas Register (49 TexReg 2162). The rule will not be republished.
EXPLANATION OF AND JUSTIFICATION FOR THE RULES
The adopted rule under 16 TAC, Chapter 70, implements Texas Occupations Code, Chapter 1202, Industrialized Housing and Buildings.
The adopted rule amendment at §70.100(a) would revise the date on which the industry would be required to comply with the mandatory building codes and amendments identified in §70.100 and §70.101. The proposed rule amends the date for industry implementation to July 1, 2024.
SECTION-BY-SECTION SUMMARY
The adopted rule amends §70.100(a) to revise the effective date of the mandatory building codes to July 1, 2024.
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 5, 2024, issue of the Texas Register (49 TexReg 2162). The public comment period closed on May 6, 2024. The Department received comments from five interested parties during the comment period. Of those five parties, three submitted the same comment twice. The public comments are summarized below.
Comment: A commenter received requested the deletion of arc fault circuit interrupter (AFCI) protection for dedicated circuits serving refrigeration equipment. The commenter asked if AFCI protection is necessary for refrigeration equipment since it will likely be unplugged only for repair or replacement.
Department Response: As the comment was not focused on the amendment of the date of effectiveness of the new codes and rule amendments, the Department did not make any changes to the proposed rules based on this comment. The comment will be reviewed for possible future rulemaking.
Comment: A commenter requested a specific amendment to restore exemptions for lead-acid batteries.
Department Response: As the comment was not focused on the amendment of the date of effectiveness of the new codes and rule amendments, the Department did not make any changes to the proposed rules based on this comment. The comment will be reviewed for possible future rulemaking.
Comment: Three commenters requested that the Code Council and Department accept the International Code Council's guidance and adopt, by amendment, all exceptions in the 2024 International Fire Code (IFC), Section 1207, to the 2021 code cycle. In the alternative, the commenters proposed amending the code by adding 2024 IFC Section 1207 to a 2021 IFC adoption. The commenters stated that there is a potential for schedule delays due to code requirements that will delay substantial completion of major projects where the electrical packages are on a critical schedule path.
Department Response: As these comments were not focused on the amendment of the date of effectiveness of the new codes and rule amendments, the Department did not make any changes to the proposed rules based on these comments. The comments will be reviewed for possible future rulemaking.
Comment: One commenter stated that necessary exceptions for lead-acid batteries are missing from the referenced 2021 version of the International Fire Code (IFC) as found in the 2024 version. According to the commenter, the absence of these exceptions will require manufacturers to produce larger shipping sections and incur increased manufacturing materials costs, both of which will lead to an increase in construction costs and building size footprint. The commenter attached a supplement to the comment to show the impact of complying with the 2021 IFC. The commenter identified specific sections of the 2024 IFC to be included in any amendment of the International codes adopted in §70.100.
Department Response: As the comment was not focused on the amendment of the date of effectiveness of the new codes and rule amendments, the Department did not make any changes to the proposed rules based on this comment. The comment will be reviewed for possible future rulemaking.
CODE COUNCIL RECOMMENDATIONS AND COMMISSION ACTION
The Industrialized Housing and Buildings Code Council did not meet to discuss the proposed rule or the public comments received, as the amendment was needed immediately so as not to further delay implementation of the mandatory building codes and their amendments.
At its meeting on May 21, 2024, the Commission adopted the proposed rule as published in the Texas Register as recommended by the Department.
STATUTORY AUTHORITY
The adopted rule is adopted under Texas Occupations Code, Chapters 51 and 1202, 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 1202. No other statutes, articles, or codes are affected by the adopted rules.
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 June 7, 2024.
TRD-202402522
Doug Jennings
General Counsel
Texas Department of Licensing and Regulation
Effective date: July 1, 2024
Proposal publication date: April 5, 2024
For further information, please call: (512) 463-7750
SUBCHAPTER B. DRIVER TRAINING AND TRAFFIC SAFETY ADVISORY COMMITTEE
The Texas Commission of Licensing and Regulation (Commission) adopts amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 84, Subchapter B, §84.30, regarding the Driver Education and Safety program, without changes to the proposed text as published in the March 22, 2024, issue of the Texas Register (49 TexReg 1807). These rules will not be republished.
EXPLANATION OF AND JUSTIFICATION FOR THE RULES
The rules under 16 TAC Chapter 84 implement Texas Education Code, Chapter 1001, Driver and Traffic Safety Education; the driver education laws under Texas Education Code §29.902 and §51.308; and Texas Transportation Code, Chapter 521, Driver's Licenses and Certificates. The rules also implement Texas Occupations Code, Chapter 51, the enabling statute of the Texas Commission of Licensing and Regulation (Commission) and the Texas Department of Licensing and Regulation (Department).
The adopted rules implement House Bill (HB) 3743, Section 4, 88th Legislature, Regular Session (2023), which exempts the Commission and the Department's advisory boards from Texas Government Code, Chapter 2110, State Agency Advisory Committees. HB 3743, Section 4 added new subsection (d) under Texas Occupations Code §51.209, Advisory Boards; Removal of Advisory Board Member. This provision states: "(d) Notwithstanding any other law, Chapter 2110, Government Code, does not apply to an advisory board established to advise the commission or department."
Texas Government Code, Chapter 2110 specifies certain requirements for a state agency advisory committee or board (advisory board), including the composition, duration, purpose, and tasks of the advisory board; the selection of the presiding officer; and the submission of specified reports. The requirements for the Commission and the Department's advisory boards, however, are specified and detailed in Texas Occupations Code, Chapter 51; in the applicable program statute and rules; and/or as authorized by the applicable program statute and established in rule.
The adopted rules under Chapter 84, Driver Education and Safety, remove a now redundant provision that states that Texas Government Code, Chapter 2110 does not apply to the advisory committee established for that program. The adopted rules are necessary to remove language that is redundant with Texas Occupations Code, Chapter 51, as amended by HB 3743, Section 4, and to make the Driver Education and Safety program rules consistent with other program rules.
SECTION-BY-SECTION SUMMARY
Subchapter B. Driver Training and Traffic Safety Advisory Committee.
The adopted rules amend §84.30, Membership. The adopted rules repeal subsection (b), which states that Texas Government Code, Chapter 2110, does not apply to the advisory committee. This provision does not conflict with Texas Occupations Code, Chapter 51, as amended by HB 3743, Section 4, but it is redundant and is being removed for consistency with other program rules. The subsection (a) lettering is removed with the repeal of subsection (b).
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 22, 2024, issue of the Texas Register (49 TexReg 1807). The public comment period closed on April 22, 2024. The Department did not receive any comments from interested parties on the proposed rules.
COMMISSION ACTION
At its meeting on May 21, 2024, the Commission adopted the proposed rules as published in the Texas Register.
STATUTORY AUTHORITY
The adopted rules are adopted under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department. The adopted rules are also adopted under Texas Education Code, Chapter 1001, Driver Education and Safety.
The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51; Texas Education Code, Chapters 29, 53, and 1001; and Texas Transportation Code, Chapter 521. 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 adopted is House Bill 3743, Section 4, 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 June 7, 2024.
TRD-202402535
Doug Jennings
General Counsel
Texas Department of Licensing and Regulation
Effective date: July 1, 2024
Proposal publication date: March 22, 2024
For further information, please call: (512) 463-7750
The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 119, §119.10, regarding the Sanitarians program, without changes to the proposed text as published in the March 22, 2024, issue of the Texas Register (49 TexReg 1809). These rules will not be republished.
EXPLANATION OF AND JUSTIFICATION FOR THE RULES
The rules under 16 TAC Chapter 119 implement Texas Occupations Code, Chapter 1953, Sanitarians, and Chapter 51, the enabling statute of the Texas Commission of Licensing and Regulation (Commission) and the Texas Department of Licensing and Regulation (Department).
The adopted rules implement House Bill (HB) 3743, Section 4, 88th Legislature, Regular Session (2023), which exempts the Commission and the Department's advisory boards from Texas Government Code, Chapter 2110, State Agency Advisory Committees. HB 3743, Section 4 added new subsection (d) under Texas Occupations Code §51.209, Advisory Boards; Removal of Advisory Board Member. This provision states: "(d) Notwithstanding any other law, Chapter 2110, Government Code, does not apply to an advisory board established to advise the commission or department."
Texas Government Code, Chapter 2110 specifies certain requirements for a state agency advisory committee or board (advisory board), including the composition, duration, purpose, and tasks of the advisory board; the selection of the presiding officer; and the submission of specified reports. The requirements for the Commission and the Department's advisory boards, however, are specified and detailed in Texas Occupations Code, Chapter 51; in the applicable program statute and rules; and/or as authorized by the applicable program statute and established in rule.
The adopted rules remove language from Chapter 119, Sanitarians, that states that Texas Government Code, Chapter 2110 applies to the advisory committee established for that program. The adopted rules are necessary to remove conflicting language and to align the Sanitarians program rules with Texas Occupations Code, Chapter 51, as amended by HB 3743, Section 4.
SECTION-BY-SECTION SUMMARY
The adopted rules amend §119.10, Advisory Committee. The adopted rules repeal subsection (b), which states that the Registered Sanitarian Advisory Committee is subject to Government Code, Chapter 2110. The adopted rules re-letter the subsequent subsection.
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 22, 2024, issue of the Texas Register (49 TexReg 1809). The public comment period closed on April 22, 2024. The Department did not receive any comments from interested parties on the proposed rules.
COMMISSION ACTION
At its meeting on May 21, 2024, the Commission adopted the proposed rules as published in the Texas Register.
STATUTORY AUTHORITY
The adopted rules are adopted under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department. The adopted rules are also adopted under Texas Occupations Code, Chapter 1953, Sanitarians.
The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51 and 1953. 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 adopted is House Bill 3743, Section 4, 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 June 7, 2024.
TRD-202402536
Doug Jennings
General Counsel
Texas Department of Licensing and Regulation
Effective date: July 1, 2024
Proposal publication date: March 22, 2024
For further information, please call: (512) 463-7750