TITLE 16.ECONOMIC REGULATION

Part 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION

Chapter 60. TEXAS COMMISSION OF LICENSING AND REGULATION

Subchapter C. FEES

16 TAC §60.83

The Texas Department of Licensing and Regulation ("Department") proposes an amendment to an existing rule at 16 Texas Administrative Code, §60.83 regarding late renewal fees as it applies to individuals on active duty in the United States armed forces serving outside the state.

Section 60.83 is amended by adding new subsection (d) to comply with Texas Occupations Code §55.002, which exempts individuals who hold a license issued by a state agency from increased fees or other penalties for failing to renew their license in a timely manner if they satisfactorily establish that the reason they failed to timely renew was because they were on active duty in the United States armed forces serving outside of the state.

William H. Kuntz, Jr., Executive Director, has determined that for the first five-year period the proposed amendment is in effect there will be no cost to state or local government as a result of enforcing or administering the proposed amendment.

Mr. Kuntz also has determined that for each year of the first five-year period the proposed amendment is in effect, the public benefit will be a reduction in the number of individuals serving in the United States armed forces outside the state that decline to renew their licenses because of late renewal fees.

There will be no effect on small or micro-businesses as a result of the proposed amendment. There are no anticipated economic costs to persons who are required to comply with the rule as amended.

Comments on the proposal may be submitted to William H. Kuntz, Jr., Executive Director, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, or facsimile 512/475-3032, or electronically: whkuntz@license.state.tx.us. The deadline for comments is 30 days after publication in the Texas Register .

The amendment is proposed under Texas Occupations Code, Chapter 55 which requires state agencies to adopt rules to exempt military personnel who hold state licenses from incurring penalties or additional fees if they were on active duty in the armed forces and serving outside of the state and Texas Occupations Code, Chapter 51 which authorizes the Department to adopt rules as necessary to implement this chapter and any other law establishing a program regulated by the Department.

The statutory provisions affected by the proposal are those set forth in Texas Occupations Code, Chapter 51 and Chapter 55. No other statutes, articles, or codes are affected by the proposal.

§60.83.Late Renewal Fees.

(a) A person whose license has been expired for 90 days or less may renew the license by paying a late renewal fee equal to 1 and 1/2 times the normally required renewal fee.

(b) A person whose license has been expired for more than 90 days but less than one year may renew the license by paying a late renewal fee equal to two times the normally required renewal fee.

(c) A person paying a late renewal fee is not required to pay the normally required renewal fee.

(d) Pursuant to Title 2, Occupations Code, §55.002, an individual who fails to renew a license in a timely manner and whose license has been expired for less than one year is exempt from the requirement to pay a late renewal fee if the individual furnishes to the department satisfactory documentation that the individual failed to renew the license in a timely manner because the individual was on active duty in the United States armed forces serving outside this state. An individual who is exempt from paying a late renewal fee under this subsection may renew the license by paying the normally required renewal fee.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 21, 2004.

TRD-200407445

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Earliest possible date of adoption: February 6, 2005

For further information, please call: (512) 463-7348