Texas Register, Volume 34, Number 36, Pages 5989-6190, September 4, 2009 Page: 6,075
5989-6190 p. ; 28 cm.View a full description of this periodical.
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Cathy L. Hendricks
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: October 4, 2009
For further information, please call: (512) 305-8544
CHAPTER 7. ADMINISTRATION
22 TAC 7.10
The Texas Board of Architectural Examiners proposes an
amendment to 7.10(b), pertaining to fees charged by the
board. The proposed amendment eliminates a specified fee
for registration examinations and includes a statement that the
fees are set by examination providers under contract with the
board. The examination providers have modified fees to apply
to each section of the examination and in some cases created
graduated fee schedules. As a result, a single specified fee
in the board's fee schedule is not accurate. The amendments
impose a $5 fee for issuing replacement pocket cards (cards
that serve as evidence of registration) to registrants in order to
recover agency costs and eliminate an obsolete administrative
fee for review of the Landscape Architectural Registration
Examination.
Cathy L. Hendricks, Executive Director, Texas Board of Architec-
tural Examiners, has determined that for the first five-year period
the amended rule is in effect, there will be a fiscal impact to the
state in that the board, a state agency, will recover costs that it
currently incurs. The board estimates in the first year the rule
amendment is in effect it will recover $7800 in the cost of admin-
istering the creation and issuance of 1560 replacement pocket
cards. The board anticipates the charge for replacement cards
will serve as a deterrent to misplacing or replacing cards and
therefore estimates it will incur and recover costs in the amount
of $3700 in the second year, $2000 in the third, and $1000 in
the third, fourth and fifth years the rule is in effect. Payments of
examination fees are paid by the examinees directly to the ex-
amination provider. There will be no fiscal impact to the state
arising from the modification to the fee schedule regarding ex-
amination fees. There will be no cost or fiscal impact upon local
government.
Ms. Hendricks has determined that for the first five-year period
the amended rule is in effect the public benefits expected as a
result of the amended rule are as follows: The agency will re-
cover the cost of producing and distributing replacement pocket
cards to registrants whose original cards are lost or destroyed.
The cost to each registrant who obtains a replacement card will
be $5 per card. However, registrants are not required to possess
a pocket card or to replace a missing pocket card. This is a dis-
cretionary expense to registrants. Clarifying the rule to eliminate
obsolete and inaccurate fees will serve a public benefit in that
the rule will have the benefit of providing correct information to
registrants and other who may refer to the rule for fee informa-
tion. The rule will have no impact on small or micro business.
Therefore, there is no need to consider less costly alternatives
to the amendment.
There will be an increase in the cost to persons who obtain re-
placement pocket cards. The Board currently bears the cost of
replacing pocket cards. The amendment would transfer that cost
to registrants who obtain replacement cards.Comments may be submitted to Cathy L. Hendricks, ASID/IIDA,
Executive Director, Texas Board of Architectural Examiners, P.O.
Box 12337, Austin, TX 78711-2337.
The amendment to this rule is proposed pursuant to 1 051.651,
1052.054 and 1053.052, Texas Occupations Code Annotated,
which provide the Texas Board of Architectural Examiners with
authority to set fees reasonable and necessary to cover the costs
of administering laws relating to the regulation of architecture,
landscape architecture and interior design, respectively.
The proposed amendment to this rule does not affect any other
statutes.
7.10. General Fees.
(a) (No change.)
(b) The [Effective September 2008, the] following fees shall
apply to services provided by the Board in addition to any fee estab-
lished elsewhere by the rules and regulations of the Board or by Texas
law:
Figure: 22 TAC 7.10(b)
(c) - (f) (No change.)
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 August 21, 2009.
TRD-200903687
Cathy L. Hendricks
Executive Director
Texas Board of Architectural Examiners
Earliest possible date of adoption: October 4, 2009
For further information, please call: (512) 305-8544
PART 11. TEXAS BOARD OF NURSING
CHAPTER 211. GENERAL PROVISIONS
22 TAC 211.7
The Texas Board of Nursing (Board) proposes amendments to
211.7, concerning Executive Director. The Board is simultane-
ously proposing amendments and new paragraphs to 213.32,
concerning Practice and Procedure. These proposed amend-
ments and new paragraphs are necessary to: (i) implement Sen-
ate Bill (SB) 1415, enacted by the 81st Legislature, Regular Ses-
sion, effective September 1, 2009; which adds new Subchapter
N to the Occupations Code Chapter 301; (ii) revise and clarify the
amount of administrative fines that may be imposed upon an in-
dividual in a disciplinary action; and (iii) clarify that the Executive
Director of the Board is authorized to dispose of certain viola-
tions of Chapter 301 and Board policy and rule without the ratifi-
cation of the Board. The proposed changes to 213.32 are also
published in this edition of the Texas Register. The proposed
amendments to 211.7 are necessary for consistency with the
proposed changes to 213.32.
The Board is proposing amended 213.32(7) to clarify that the
Executive Director is authorized to dispose of the violations
specified in proposed new 213.32(2) and proposed amended
213.32(5) without the ratification of the Board. Proposed
amended 213.32(7) also requires the Executive Director to
report such cases to the Board at its regular meetings. TheSeptember 4, 2009 34 TexReg 6075
PROPOSED RULES
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Texas. Secretary of State. Texas Register, Volume 34, Number 36, Pages 5989-6190, September 4, 2009, periodical, September 4, 2009; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth90868/m1/85/: accessed April 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.