Texas Register, Volume 37, Number 30, Pages 5519-5676, July 27, 2012 Page: 5,531
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The Texas Department of Agriculture (the department) proposes
amendments to 7.127, concerning fees for structural pest con-
trol applicants, licensees and continuing education providers.
These amendments are necessary to comply with changes
made to the structural pest control program by the 82nd Texas
Legislature, which required that all of the costs of administering
this program be entirely offset by revenue generated for the
program, including other direct and indirect expenses, and has
authorized the agency to collect fees accordingly. Since the last
adoption of fees for structural pest control applicants, licensees
and continuing education providers in September 2011, the
department has conducted a cost recovery analysis and has
determined that through continued cost cutting measures,
reorganization of the department, and fiscal responsibility, the
department has been able to reduce expenditures during fiscal
year 2012 below the amount appropriated for Structural Pest
Control licensing, inspection, and enforcement. As a direct
result of this analysis, the department proposes amendments to
7.127 to decrease fees for structural pest control applicants,
licensees and continuing education providers by an average of
twenty percent.
The amendments to 7.127 decrease the fees for an original
business license and renewal of a business license from $280
to $224; for an original certified applicator license from $135
to $108; for a renewal certified applicator license from $125 to
$100; for an original technician license from $100 to $81; for a
renewal technician license from $95 to $76; and for a continuing
education course from $60 to $48.
David Kostroun, Chief Administrator for Agriculture and Con-
sumer Protection, has determined for the first five-year period
the proposed amendments are in effect, there will be fiscal im-
plications for state government due to the decrease in fees col-
lected. There will be a decrease in state revenue of $562,274
annually. There is no anticipated fiscal impact for local govern-
ments as a result of administering or enforcing the rule amend-
ments as proposed.
Mr. Kostroun has also determined that for each year of the first
five years the proposed amendments are in effect, the public
benefit anticipated will be lower costs necessary to administer
the department's Structural Pest Control Service. There is no an-
ticipated additional cost to microbusinesses, small businesses,
or persons required to comply with the proposed amendments.
Comments on the proposal may be submitted to David Kostroun,
Chief Administrator for Agriculture and Consumer Protection,
Texas Department of Agriculture, P.O. Box 12847, Austin, Texas
78711. Comments must be received no later than 30 days from
the date of publication on the proposal in the Texas Register.
The amendments to 7.127 are proposed under Occupations
Code, 1951.201, which designates the department as the sole
authority in the state for licensing persons engaged in the busi-
ness of structural pest control, and provides the department with
the authority to establish fees under Chapter 1951 in amounts
reasonable and necessary to cover the costs of administering
the department's programs and activities under Chapter 1951.
The code affected by the proposal is the Occupations Code,
Chapter 1951.
7.127. Fees.
Applicants, licensees and continuing education providers will be
charged the following fees:
(1) $224 [$280] for an original business license;(2) $224 [$280] for renewal of a business license;
(3) $108 [$35] for an original certified applicators license;
(4) $100 [$125] for renewal of a certified applicators li-
cense;
(5) $81 [$00] for an original technician license;
(6) $76 [$95] for an renewal of a technician license;
(7) - (11) (No change.)
(12) $48 [$60] for continuing education course.
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 July 16, 2012.
TRD-201203638
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: August 26, 2012
For further information, please call: (512) 463-4075
TITLE 10. COMMUNITY DEVELOPMENT
PART 1. TEXAS DEPARTMENT OF
HOUSING AND COMMUNITY AFFAIRS
CHAPTER 1. ADMINISTRATION
SUBCHAPTER A. GENERAL POLICIES AND
PROCEDURES
10 TAC 1.6
(Editor's note: The text of the following section proposed for repeal
will not be published. The section may be examined in the offices of the
Texas Department of Housing and Community Affairs or in the Texas
Register office, Room 245, James Earl Rudder Building, 1019 Brazos
Street, Austin, Texas.)
The Texas Department of Housing and Community Affairs (the
"Department") proposes the repeal of 10 TAC Chapter 1, 1.6,
concerning Historically Underutilized Businesses. The section
is proposed for repeal because the Department is proposing a
new 1.6 to specify the requirements for historically underuti-
lized businesses in accordance with new Comptroller of Public
Accounts historically underutilized business rules. The proposed
new 1.6 is published concurrently with this repeal in this issue
of the Texas Register.
FISCAL NOTE. Timothy K. Irvine, Executive Director, has deter-
mined that, for each year of the first five years the repeal of the
section will be in effect, there will be no fiscal implications for
state or local government as a result of enforcing or administer-
ing the repeal, and there will be no effect on local employment
or a local economy as result of the proposal.
PUBLIC BENEFIT/COST NOTE. Mr. Irvine also has determined
that, for each year of the first five years the repeal of the section
will be in effect, the public benefit anticipated as a result of the
repeal will be allowing the proposal and adoption of a new HUB
rule that is consistent with the current state rules regarding HUBsPROPOSED RULES July 27, 2012 37 TexReg 5531
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Texas. Secretary of State. Texas Register, Volume 37, Number 30, Pages 5519-5676, July 27, 2012, periodical, July 27, 2012; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243959/m1/13/: accessed March 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.