TITLE 16. ECONOMIC REGULATION

PART 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION

CHAPTER 70. INDUSTRIALIZED HOUSING AND BUILDINGS

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rule at 16 Texas Administrative Code (TAC), Chapter 70, §70.60, regarding the Industrialized Housing and Buildings program, without changes to the proposed text as published in the November 29, 2024, issue of the Texas Register (49 TexReg 9686). This rule will not be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC, Chapter 70, implement Texas Occupations Code, Chapter 1202, Industrialized Housing and Buildings.

The adopted rule amendment at §70.60(e) allows an employee of a third-party inspection agency or design review agency to also be the team lead for the initial certification of a manufacturing plant. The adopted rule amendment expands the pool of candidates for this position to employees of the third-party inspection agency, responsible for regular in-plant inspections of the manufacturer, or the design review agency, responsible for review of the manufacturer's design package. The adopted rule amendment is necessary to allow the Department the possibility of focusing its limited resources on long-term, risk-based auditing of those plants.

SECTION-BY-SECTION SUMMARY

The adopted rule amends §70.60(e) to allow for an employee of a third-party inspection agency, which would be responsible for regular in-plant inspections, or design review agency, responsible for the review of the manufacturer's design package, to also be a team lead for the initial certification of a manufacturing plant.

PUBLIC COMMENTS

The Department drafted and distributed the proposed rule to persons internal and external to the agency. The proposed rule was published in the November 29, 2024, issue of the Texas Register (49 TexReg 9686). The public comment period closed on December 30, 2024.

The Department did not receive any comments from interested parties on the proposed rule.

CODE COUNCIL RECOMMENDATIONS AND COMMISSION ACTION

The proposed rule was presented to and discussed by the Industrialized Housing and Buildings Code Council at its meeting on November 12, 2024. The Code Council voted and recommended that the proposed rule be published in the Texas Register for public comment. The Code Council also voted and recommended that, in the absence of public comment, the proposed rule be adopted by the Commission.

At its meeting on February 14, 2025, the Commission adopted the proposed rule as published in the Texas Register .

STATUTORY AUTHORITY

The adopted rule amendment 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 rule are those set forth in Texas Occupations Code, Chapters 51 and 1202. 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 March 11, 2025.

TRD-202500855

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Effective date: April 1, 2025

Proposal publication date: November 29, 2024

For further information, please call: (512) 463-3671