PART 2. PUBLIC UTILITY COMMISSION OF TEXAS
CHAPTER 27. RULES FOR ADMINISTRATIVE SERVICES
The Public Utility Commission of Texas (commission) adopts amendments to 25 sections in Chapter 27, Rules for Administrative Services, as part of the statutorily required four-year rule review under Texas Government Code §2001.039. The commission adopts §27.65, relating to Definitions, with changes to the proposed text as published in the April 26, 2024, issue of the Texas Register (49 TexReg 2597) and will be republished. The commission adopts the following rules with no changes to the proposed text as published in the April 26, 2024, issue of the Texas Register (49 TexReg 2596): §§27.21, relating to Commission Employee Training; 27.31, relating to Historically Underutilized Business Program; 27.69 relating to Sovereign Immunity; 27.81 relating to Notice of Claim of Breach of Contract; 27.83 relating to Agency Counterclaim; 27.85 relating to Request for Voluntary Disclosure of Additional Information; 27.87 relating to Duty to Negotiate; 27.89 relating to Timetable; 27.91, relating to Conduct of Negotiations; 27.93 relating to Settlement Approval Procedures; 27.97, relating to Costs of Negotiation; 27.99, relating to Request for Contested Case Hearing; 27.111, relating to Mediation Timetable; 27.113, relating to Conduct of Mediation; 27.115, relating to Agreement to Mediate; 27.117, relating to Qualifications and Immunity of Mediator; 27.121, relating to Costs of Mediation; 27.123, relating to Settlement Approval Procedures; 27.125, relating to Initial Settlement Agreement; 27.127; relating to Final Settlement Agreement; 27.143, relating to Factors Supporting the Use of Assisted Negotiation Processes; 27.145, relating to Use of Assisted Negotiation Processes; 27.161, relating to Procedures for Resolving Vendor Protests. These rules will not be republished.
The commission received no comments on the proposed rules.
SUBCHAPTER A. GENERAL PROVISIONS
The amendments are adopted under Public Utility Regulatory Act (PURA) §14.001, which grants the commission the general power to regulate and supervise the business of each public utility within its jurisdiction and to do anything specifically designated or implied by this title that is necessary and convenient to the exercise of that power and jurisdiction; §14.002 and §14.052, which authorizes the commission to adopt and enforce rules reasonably required in the exercise of its powers and jurisdiction, including rules of practice and procedure; §14.0025, which requires the commission to develop and implement a policy to encourage the use of alternative dispute resolution.
Cross Reference to Statute: Public Utility Regulatory Act §§14.001,14.002,14.0025, and 14.052; Texas Government Code §2155.076, §2260.052(c), and §2161.003; Texas Government Code Chapter 656, Subchapter C, §§656.041-656.104; Texas Government Code Chapters 2260 and 2261; and Civil Practice and Remedies Code Chapters 107 and 154.
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 13, 2024.
TRD-202402597
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Effective date: July 3, 2024
Proposal publication date: April 26, 2024
For further information, please call: (512) 936-7322
The amendments are adopted under Public Utility Regulatory Act (PURA) §14.001, which grants the commission the general power to regulate and supervise the business of each public utility within its jurisdiction and to do anything specifically designated or implied by this title that is necessary and convenient to the exercise of that power and jurisdiction; §14.002 and §14.052, which authorizes the commission to adopt and enforce rules reasonably required in the exercise of its powers and jurisdiction, including rules of practice and procedure; §14.0025, which requires the commission to develop and implement a policy to encourage the use of alternative dispute resolution.
Cross Reference to Statute: Public Utility Regulatory Act §§14.001,14.002,14.0025, and 14.052; Texas Government Code §2155.076, §2260.052(c), and §2161.003; Texas Government Code Chapter 656, Subchapter C, §§656.041-656.104; Texas Government Code Chapters 2260 and 2261; and Civil Practice and Remedies Code Chapters 107 and 154.
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 13, 2024.
TRD-202402598
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Effective date: July 3, 2024
Proposal publication date: April 26, 2024
For further information, please call: (512) 936-7322
DIVISION 1. GENERAL
The amendments are adopted under Public Utility Regulatory Act (PURA) §14.001, which grants the commission the general power to regulate and supervise the business of each public utility within its jurisdiction and to do anything specifically designated or implied by this title that is necessary and convenient to the exercise of that power and jurisdiction; §14.002 and §14.052, which authorizes the commission to adopt and enforce rules reasonably required in the exercise of its powers and jurisdiction, including rules of practice and procedure; §14.0025, which requires the commission to develop and implement a policy to encourage the use of alternative dispute resolution.
The rules relating to Negotiation and Mediation of Certain Contract Disputes under Chapter 27, Subchapter C, are adopted under Texas Government Code Chapter 2260 and 2261, which relates to state agency contracting standards and oversight; Texas Government Code §2260.052(c) which requires each unit of state government with rulemaking authority to develop rules to govern the negotiation and mediation of a claim under this section which relates to the resolution of certain contract claims against the State of Texas; Civil Practices and Remedies Code Chapter 107 which governs resolutions granting permission to sue the State of Texas or a unit of state government; and Civil Practice and Remedies Code Chapter 154 which governs alternative dispute resolution procedures.
Cross Reference to Statute: Public Utility Regulatory Act §§14.001,14.002,14.0025, and 14.052; Texas Government Code §2155.076, §2260.052(c), and §2161.003; Texas Government Code Chapter 656, Subchapter C, §§656.041-656.104; Texas Government Code Chapters 2260 and 2261; and Civil Practice and Remedies Code Chapters 107 and 154.
§27.65.Definitions.
The following words and terms, when used in this subchapter, have the following meaning, unless the context clearly indicates otherwise:
(1) Chief administrative officer--The executive director of the commission or their designee.
(2) Claim--A demand for damages by the contractor based upon the commission's alleged breach of the contract.
(3) Commission--The Public Utility Commission of Texas.
(4) Contract--A written contract between the commission and a contractor by the terms of which the contractor agrees either:
(A) to provide goods or services, by sale or lease, to or for the commission; or
(B) to perform a project as defined by Texas Government Code, §2166.001.
(5) Contractor--Independent contractor who has entered into a contract directly with the commission. The term does not include:
(A) the contractor's subcontractor, officer, employee, agent or other person furnishing goods or services to a contractor;
(B) an employee of the commission; or
(C) a student at an institution of higher education.
(6) Counterclaim--A demand by the commission based upon the contractor's claim.
(7) Day--Calendar days, not working days, unless otherwise specified by this chapter.
(8) Event--An act or omission or a series of acts or omissions giving rise to a claim. The following list contains illustrative examples of events, subject to the specific terms of the contract:
(A) Examples of events in the context of a contract for goods or services include:
(i) the failure of the commission to timely pay for goods and services;
(ii) the failure of the commission to pay the balance due and owing on the contract price, including orders for additional work, after deducting any amount owed the commission for work not performed under the contract or in substantial compliance with the contract terms;
(iii) the suspension, cancellation, or termination of the contract;
(iv) final rejection of the goods or services tendered by the contractor, in whole or in part;
(v) repudiation of the entire contract prior to or at the outset of performance by the contractor; or
(vi) withholding liquidated damages from final payment to the contractor.
(B) Examples of events in the context of a project:
(i) the failure to timely pay the unpaid balance of the contract price following final acceptance of the project;
(ii) the failure to make timely progress payments required by the contract;
(iii) the failure to pay the balance due and owing on the contract price, including orders for additional work, after deducting any amount owed the commission for work not performed under the contract or in substantial compliance with the contract terms;
(iv) the failure to grant time extensions to which the contractor is entitled under the terms of the contract;
(v) the failure to compensate the contractor for occurrences for which the contract provides a remedy;
(vi) suspension, cancellation or termination of the contract, other than by the terms provided for in the contract;
(vii) rejection by the commission, in whole or in part, of the "work", as defined by the contract, tendered by the contractor;
(viii) repudiation of the entire contract prior to or at the outset of performance by the contractor;
(ix) withholding liquidated damages from final payment to the contractor; or
(x) refusal, in whole or in part, of a written request made by the contractor in strict accordance with the contract to adjust the contract price, the contract time, or the scope of work.
(C) The lists in subparagraphs (A) and (B) of this paragraph should not be considered exhaustive but are merely illustrative in nature.
(9) Mediation--A voluntary form of dispute resolution in which an impartial person facilitates communication between parties to promote negotiation and settlement of disputed issues.
(10) Working day--A day on which the commission is open for the conduct of business.
(11) Goods--Supplies, materials or equipment.
(12) Parties--The contractor and the commission that have entered into a contract in connection with which a claim of breach of contract has been filed under this subchapter.
(13) Project--As defined in Texas Government Code §2166.001, a building construction project that is financed wholly or partly by a specific appropriation, bond issue or federal money, including the construction of:
(A) a building, structure, or appurtenant facility or utility, including the acquisition and installation of original equipment and original furnishing; and
(B) an addition to, or alteration, modification, rehabilitation or repair of an existing building, structure, or appurtenant facility or utility.
(14) Services--The furnishing of skilled or unskilled labor or consulting or professional work, or a combination thereof, excluding the labor of an employee of the commission.
(15) Unit of state government or unit--The state or an agency, department, commission (including the Public Utility Commission), bureau, board, office, council, court, or other state entity that is in any branch of state government that is created by the Texas Constitution, or statute of this state, including a university system or institution of higher education. The term does not include:
(A) a county;
(B) municipality;
(C) court of a county or municipality;
(D) special purpose district; or
(E) other political subdivision of the state.
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 13, 2024.
TRD-202402599
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Effective date: July 3, 2024
Proposal publication date: April 26, 2024
For further information, please call: (512) 936-7322
16 TAC §§27.81, 27.83, 27.85, 27.87, 27.89, 27.91, 27.93, 27.97, 27.99
The amendments are adopted under Public Utility Regulatory Act (PURA) §14.001, which grants the commission the general power to regulate and supervise the business of each public utility within its jurisdiction and to do anything specifically designated or implied by this title that is necessary and convenient to the exercise of that power and jurisdiction; §14.002 and §14.052, which authorizes the commission to adopt and enforce rules reasonably required in the exercise of its powers and jurisdiction, including rules of practice and procedure; §14.0025, which requires the commission to develop and implement a policy to encourage the use of alternative dispute resolution.
The rules relating to Negotiation and Mediation of Certain Contract Disputes under Chapter 27, Subchapter C, are adopted under Texas Government Code Chapter 2260 and 2261, which relates to state agency contracting standards and oversight; Texas Government Code §2260.052(c) which requires each unit of state government with rulemaking authority to develop rules to govern the negotiation and mediation of a claim under this section which relates to the resolution of certain contract claims against the State of Texas; Civil Practices and Remedies Code Chapter 107 which governs resolutions granting permission to sue the State of Texas or a unit of state government; and Civil Practice and Remedies Code Chapter 154 which governs alternative dispute resolution procedures.
Cross Reference to Statute: Public Utility Regulatory Act §§14.001,14.002,14.0025, and 14.052; Texas Government Code §2155.076, §2260.052(c), and §2161.003; Texas Government Code Chapter 656, Subchapter C, §§656.041-656.104; Texas Government Code Chapters 2260 and 2261; and Civil Practice and Remedies Code Chapters 107 and 154.
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 13, 2024.
TRD-202402601
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Effective date: July 3, 2024
Proposal publication date: April 26, 2024
For further information, please call: (512) 936-7322
16 TAC §§27.111, 27.113, 27.115, 27.117, 27.121, 27.123, 27.125, 27.127
The amendments are adopted under Public Utility Regulatory Act (PURA) §14.001, which grants the commission the general power to regulate and supervise the business of each public utility within its jurisdiction and to do anything specifically designated or implied by this title that is necessary and convenient to the exercise of that power and jurisdiction; §14.002 and §14.052, which authorizes the commission to adopt and enforce rules reasonably required in the exercise of its powers and jurisdiction, including rules of practice and procedure; §14.0025, which requires the commission to develop and implement a policy to encourage the use of alternative dispute resolution.
The rules relating to Negotiation and Mediation of Certain Contract Disputes under Chapter 27, Subchapter C, are adopted under Texas Government Code Chapter 2260 and 2261, which relates to state agency contracting standards and oversight; Texas Government Code §2260.052(c) which requires each unit of state government with rulemaking authority to develop rules to govern the negotiation and mediation of a claim under this section which relates to the resolution of certain contract claims against the State of Texas; Civil Practices and Remedies Code Chapter 107 which governs resolutions granting permission to sue the State of Texas or a unit of state government; and Civil Practice and Remedies Code Chapter 154 which governs alternative dispute resolution procedures.
Cross Reference to Statute: Public Utility Regulatory Act §§14.001,14.002,14.0025, and 14.052; Texas Government Code §2155.076, §2260.052(c), and §2161.003; Texas Government Code Chapter 656, Subchapter C, §§656.041-656.104; Texas Government Code Chapters 2260 and 2261; and Civil Practice and Remedies Code Chapters 107 and 154.
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 13, 2024.
TRD-202402602
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Effective date: July 3, 2024
Proposal publication date: April 26, 2024
For further information, please call: (512) 936-7322
The amendments are adopted under Public Utility Regulatory Act (PURA) §14.001, which grants the commission the general power to regulate and supervise the business of each public utility within its jurisdiction and to do anything specifically designated or implied by this title that is necessary and convenient to the exercise of that power and jurisdiction; §14.002 and §14.052, which authorizes the commission to adopt and enforce rules reasonably required in the exercise of its powers and jurisdiction, including rules of practice and procedure; §14.0025, which requires the commission to develop and implement a policy to encourage the use of alternative dispute resolution.
The rules relating to Negotiation and Mediation of Certain Contract Disputes under Chapter 27, Subchapter C, are adopted under Texas Government Code Chapter 2260 and 2261, which relates to state agency contracting standards and oversight; Texas Government Code §2260.052(c) which requires each unit of state government with rulemaking authority to develop rules to govern the negotiation and mediation of a claim under this section which relates to the resolution of certain contract claims against the State of Texas; Civil Practices and Remedies Code Chapter 107 which governs resolutions granting permission to sue the State of Texas or a unit of state government; and Civil Practice and Remedies Code Chapter 154 which governs alternative dispute resolution procedures.
Cross Reference to Statute: Public Utility Regulatory Act §§14.001,14.002,14.0025, and 14.052; Texas Government Code §2155.076, §2260.052(c), and §2161.003; Texas Government Code Chapter 656, Subchapter C, §§656.041-656.104; Texas Government Code Chapters 2260 and 2261; and Civil Practice and Remedies Code Chapters 107 and 154.
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 13, 2024.
TRD-202402603
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Effective date: July 3, 2024
Proposal publication date: April 26, 2024
For further information, please call: (512) 936-7322
The amendments are adopted under Public Utility Regulatory Act (PURA) §14.001, which grants the commission the general power to regulate and supervise the business of each public utility within its jurisdiction and to do anything specifically designated or implied by this title that is necessary and convenient to the exercise of that power and jurisdiction; §14.002 and §14.052, which authorizes the commission to adopt and enforce rules reasonably required in the exercise of its powers and jurisdiction, including rules of practice and procedure; §14.0025, which requires the commission to develop and implement a policy to encourage the use of alternative dispute resolution.
Cross Reference to Statute: Public Utility Regulatory Act §§14.001,14.002,14.0025, and 14.052; Texas Government Code §2155.076, §2260.052(c), and §2161.003; Texas Government Code Chapter 656, Subchapter C, §§656.041-656.104; Texas Government Code Chapters 2260 and 2261; and Civil Practice and Remedies Code Chapters 107 and 154.
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 13, 2024.
TRD-202402604
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Effective date: July 3, 2024
Proposal publication date: April 26, 2024
For further information, please call: (512) 936-7322
CHAPTER 60. PROCEDURAL RULES OF THE COMMISSION AND THE DEPARTMENT
SUBCHAPTER B. POWERS AND RESPONSIBILITIES
The Texas Commission of Licensing and Regulation (Commission) adopts amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 60, Subchapter B, §60.24, regarding the Procedural Rules of the Commission and the Department, without changes to the proposed text as published in the March 22, 2024, issue of the Texas Register (49 TexReg 1804). These rules will not be republished.
EXPLANATION OF AND JUSTIFICATION FOR THE RULES
The rules under 16 TAC Chapter 60 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), and other laws applicable to the Commission and the Department. The Chapter 60 rules are the procedural rules of the Commission and the Department. These rules apply to all of the agency's programs and to all license applicants and licensees, except where there is a conflict with the statutes and rules of a specific program.
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.
As required by Texas Government Code, Chapter 2110, the Commission had previously established in the Chapter 60 rules the abolishment dates for all of the agency's advisory boards, except for any advisory board that was specifically exempted from Chapter 2110 by the statute that created the advisory board. The Chapter 60 rules contain two separate lists of advisory boards - those with an abolishment date and those that are statutorily exempt and do not have an abolishment date.
Since the Commission and the Department's advisory boards are no longer subject to Texas Government Code, Chapter 2110, the adopted rules remove the advisory board abolishment dates and the two separate lists of advisory boards from the Chapter 60 rules. The adopted rules are necessary to allow all of the agency's advisory boards to continue in existence unless and until there is a statutory change made to eliminate an advisory board's existence. The adopted rules will align the Chapter 60 rules with the statutory changes made by HB 3743, Section 4.
SECTION-BY-SECTION SUMMARY
Subchapter B. Powers and Responsibilities.
The adopted rules amend §60.24, Advisory Boards. The adopted rules repeal subsection (c), which lists the agency's advisory boards that were previously subject to abolishment and their designated abolishment dates. The adopted rules repeal subsection (d), which lists those advisory boards that are specifically exempt from Texas Government Code, Chapter 2110, as prescribed in the program statutes, and that do not have designated abolishment dates. The adopted rules also add new subsection (c), which states that Texas Government Code, Chapter 2110 does not apply to the Commission and the Department's advisory boards.
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 1804). The public comment period closed on April 22, 2024. The Department received a comment from one interested party on the proposed rules in response to the required plain talk summary, which was posted and distributed on March 8, 2024, the same day that the proposed rules were filed with the Texas Register, but prior to the official publication of the proposed rules and the official start of the public comment period. The Department did not receive any comments from interested parties during the official public comment period. The early public comment is summarized below.
Early Comment: One interested party submitted a comment asking questions about the removal of the advisory boards.
Department Response: Texas Government Code, Chapter 2110 requires state agency advisory boards to have abolishment dates. Since the Commission and the Department's advisory boards are no longer subject to Chapter 2110, the proposed rules repeal the list of advisory boards and their abolishment dates from the Chapter 60 rules. The advisory boards themselves are not being repealed. All of the agency's advisory boards will continue in existence unless and until there is a statutory change made to eliminate an advisory board's existence. The Department did not make any changes to the proposed rules in response to this early public comment.
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 statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapter 51. In addition, the following statutes for the programs that have advisory boards are affected by the adopted rules: Agriculture Code, Chapter 301 (Weather Modification and Control); Education Code, Chapters 29, 53, and 1001 (Driver and Traffic Safety Education); Government Code, Chapter 469 (Elimination of Architectural Barriers); Health and Safety Code, Chapters 754 (Elevators, Escalators, and Related Equipment) and 755 (Boilers); Occupations Code, Chapters 202 (Podiatrists); 203 (Midwives); 401 (Speech-Language Pathologists and Audiologists); 402 (Hearing Instrument Fitters and Dispensers); 403 (Dyslexia Practitioners and Therapists); 451 (Athletic Trainers); 455 (Massage Therapy); 506 (Behavioral Analysts); 605 (Orthotists and Prosthetists); 701 (Dietitians); 802 (Dog or Cat Breeders); 1151 (Property Tax Professionals); 1152 (Property Tax Consultants); 1302 (Air Conditioning and Refrigeration Contractors); 1305 (Electricians); 1603 (Barbers and Cosmetologists); 1802 (Auctioneers); 1901 (Water Well Drillers); 1902 (Water Well Pump Installers); 1952 (Code Enforcement Officers); 1953 (Sanitarians); 1958 (Mold Assessors and Remediators); 2052 (Combative Sports); 2303 (Vehicle Storage Facilities); 2308 (Vehicle Towing and Booting); 2309 (Used Automotive Parts Recyclers); and 2310 (Motor Fuel Metering and Quality); and Transportation Code, Chapters 551A (Off-Highway Vehicle Training and Safety); and 662 (Motorcycle Operator Training and Safety). No other statutes, articles, or codes are affected by the adopted rule.
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 11, 2024.
TRD-202402562
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) 475-4879
The Texas Commission of Licensing and Regulation (Commission) adopts amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 120, §120.65, regarding the Dyslexia Therapy program, without changes to the proposed text as published in the March 22, 2024, issue of the Texas Register (49 TexReg 1810). The rules will not be republished.
EXPLANATION OF AND JUSTIFICATION FOR THE RULES
The rules under 16 TAC Chapter 120 implement Texas Occupations Code, Chapter 403, Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists, 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 120, Licensed Dyslexia Therapists and Licensed Dyslexia Practitioners, 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 Dyslexia Therapy program rules with Texas Occupations Code, Chapter 51, as amended by HB 3743, Section 4.
SECTION-BY-SECTION SUMMARY
The adopted rules amend §120.65, Dyslexia Therapists and Practitioners Advisory Committee; Membership. The adopted rules repeal subsection (b), which states that the advisory committee is subject to Government Code, Chapter 2110. The adopted rules re-letter the subsequent subsections and make a punctuation change in subsection (a).
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 1810). 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 403, Dyslexia Practitioners and Therapists.
The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51 and 403. 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 11, 2024.
TRD-202402563
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) 475-4879
SUBCHAPTER C. BEHAVIOR ANALYST ADVISORY BOARD
The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 121, Subchapter C, §121.65, regarding the Behavior Analysts program, without changes to the proposed text as published in the March 22, 2024, issue of the Texas Register (49 TexReg 1812). These rules will not be republished.
EXPLANATION OF AND JUSTIFICATION FOR THE RULES
The rules under 16 TAC Chapter 121, implement Texas Occupations Code, Chapter 506, Behavior Analysts, 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 121, Behavior Analysts, that states that Texas Government Code, Chapter 2110 applies to the advisory board established for that program. The adopted rules are necessary to remove conflicting language and to align the Behavior Analysts program rules with Texas Occupations Code, Chapter 51, as amended by HB 3743, Section 4.
SECTION-BY-SECTION SUMMARY
Subchapter C. Behavior Analyst Advisory Board.
The adopted rules amend §121.65, Membership. The adopted rules repeal subsection (b), which states that the Behavior Analyst Advisory Board is subject to Government Code, Chapter 2110.
The adopted rules re-letter the subsequent subsections.
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 1812). 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 506, Behavior Analysts.
The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51 and 506. 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 11, 2024.
TRD-202402561
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) 475-4879