Texas Register, Volume 38, Number 40, Pages 6747-6996, October 4, 2013 Page: 6,825
6747-6996 p. ; 28 cm.View a full description of this periodical.
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(c) The renewal registration fee is: [fees shall be]
(1) $350 for registrants who became obligated as warran-
tors of 0 to 999 vehicle protection product warranties during the twelve
(12) months preceding the date of the application for registrations ex-
piring before February 1, 2014; $250 for registrations expiring on or
after February 1, 2014;
(2) $750 for registrants who became obligated as warran-
tors of 1,000 to 1,999 vehicle protection product warranties during the
twelve (12) months preceding the date of the application for registra-
tions expiring before February 1, 2014; $500 for registrations expiring
on or after February 1, 2014; and
(3) $1,000 for registrants who became obligated as warran-
tors of 2,000 or more vehicle protection product warranties during the
twelve (12) months preceding the date of the application.
(d) Revised/Duplicate License/Certificate/Permit/Regis-
tration-- [A] $25 [fee shall be charged for duplicate or amended
Sregistration ertificates].
(e) Late renewal fees for registrations issued under this chapter
are provided under 60.83 of this title (relating to Late Renewal Fees).
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on September 23,
2013.
TRD-201304216
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: November 3, 2013
For further information, please call: (512) 463-7348
CHAPTER 72. PROFESSIONAL EMPLOYER
ORGANIZATION
16 TAC 72.10, 72.20 - 72.23, 72.25, 72.70 - 72.73
The Texas Department of Licensing and Regulation (Depart-
ment) proposes amendments to existing rules at 16 Texas
Administrative Code (TAC) Chapter 72, 72.10, 72.20 - 72.23,
72.25, 72.70, and 72.71; and proposes new 72.72 and 72.73,
regarding the professional employer organization (PEO) pro-
gram (formerly staff leasing services).
The proposed amendments and new rules are necessary to im-
plement Senate Bill (SB) 1286, 83rd Legislature, Regular Ses-
sion (2013) which made changes to Texas Labor Code, Chap-
ter 91. The amendments to the law include replacing the out-
dated term "staff leasing services company" with "professional
employer organization", replacing related terms, such as "as-
signed employee" with "covered employee", and adding new
terms "coemployer" and "coemployer relationship." Some of the
more substantive changes to the law include authorizing a client
company to purchase workers' compensation insurance for cov-
ered employees and for the professional employer organization
to offer a self-funded health insurance plan, provided the plan is
approved by the Texas Department of Insurance.The proposed amendments to 72.10 add definitions that clarify
some new terms used in SB 1286, and define "offer to perform"
consistent with other programs regulated by the Department.
The proposed amendments to 72.20 - 72.23, 72.25, and 72.71
replace "staff leasing" with "professional employer organization"
and "assigned employee" with "covered employee."
The proposed amendments to 72.70 rewrite and reorganize the
section to clarify new notice requirements in SB 1286 relating
to providing notice to covered employees of the coemployment
relationship between a PEO and a client.
Proposed new 72.72 is added to clarify that a PEO is respon-
sible for providing to the Department which party in the coem-
ployment relationship (if any) carries workers' compensation in-
surance.
Proposed new 72.73 is added to clarify that a PEO that offers
a self-funded health insurance plan to covered employees must
provide proof to the Department that the plan is approved by the
Texas Department of Insurance.
William H. Kuntz, Jr., Executive Director, has determined that for
each year of the first five-year period the proposed amendments
and new rules are in effect there will be no direct cost to state
or local government as a result of enforcing or administering the
proposed rules.
Mr. Kuntz also has determined that for each year of the first
five-year period the proposed amendments and new rules are in
effect, there will be no increase or decrease in revenue to the
state or local governments as a result of enforcing the proposed
rules. The public benefit is anticipated to be the potential for
cost and time savings to the regulated industry by developing
uniformity between the states in using current terminology and
licensing practices.
There will be no adverse economic effect on small or micro-busi-
nesses or to persons who are required to comply with the rules
as proposed.
Since the Department has determined that the proposed amend-
ments and new rules will have no adverse economic effect on
small or micro-businesses, preparation of an Economic Impact
Statement and a Regulatory Flexibility Analysis, as detailed un-
der Texas Government Code 2006.002, is not required.
Comments on the proposal may be submitted by mail to Caroline
Jackson, Legal Assistant Team Lead, General Counsel's Office,
Texas Department of Licensing and Regulation, P.O. Box 12157,
Austin, Texas 78711, or by facsimile to (512) 475-3032, or elec-
tronically to erule@tdlr.texas.gov. The deadline for comments is
30 days after publication in the Texas Register.
The amendments and new rules are proposed under Texas Oc-
cupations Code, Chapter 51, and Texas Labor Code, Chapter
91, both of 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 es-
tablishing a program regulated by the Department.
The statutory provisions affected by the proposed amendments
and new rules are those set forth in Texas Occupations Code,
Chapter 51, and Texas Labor Code, Chapter 91. No other
statutes, articles, or codes are affected by the proposal.
72.10. Definitions.PROPOSED RULES October 4, 2013 38 TexReg 6825
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Texas. Secretary of State. Texas Register, Volume 38, Number 40, Pages 6747-6996, October 4, 2013, periodical, October 4, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth342082/m1/79/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.