Texas Register, Volume 30, Number 43, Pages 6973-7094, October 28, 2005 Page: 6,990
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of the General Appropriations Act, Rider 85 Contingent Appro-
priation of Additional Fee Revenues authorized the collection of
additional revenue in the form of fees, which would then be ap-
propriated to pay for expenses of Health Care Professional pro-
grams, including licensed social workers.
Additionally, the board proposes amendments and repeals to
correct minor errors, improve the rules, and ensure that the rules
reflect current legal, policy, and operational considerations.
SECTION BY SECTION SUMMARY
Amendments to 781.102 are proposed to add a new defini-
tion of AMEC; to eliminate obsolete definitions of LMSW-ACP,
LSW, and SWA; and to renumber the definitions accordingly. The
amendment to 781.203 is proposed to clarify that the board's
training program must meet the requirements of Occupations
Code, Chapter 505. Amendments to 781.209 are proposed to
reflect requirements of the Sunset legislation. The amendment
to 781.210 is proposed to eliminate the obsolete reference to
the executive director as an appointee of the Commissioner of
Health.
Amendments to 781.217 (a) are proposed based on the provi-
sions for contingent appropriation of additional fee revenue au-
thorized by the General Appropriations Act, 79th Regular Ses-
sion (2005), by increasing the amount of the fee for renewal of a
license. The amendment to 781.217(b) is proposed to correct
a minor error.
The amendment to 781.301 is proposed to reflect the jurispru-
dence examination requirement of the Sunset legislation. The
amendment to 781.302 is proposed to clarify that only one su-
pervisory plan may be in place at any time. Amendments to
781.305 - 781.306 are proposed to clarify that accredited insti-
tutions must be accredited by CSWE, to update license level ter-
minology, and to reflect the jurisprudence examination require-
ment of the Sunset legislation. Amendments to 781.310 -
781.311 are proposed to update license level terminology and
delete obsolete license terms. New 781.318 is proposed to
reflect new language regarding issuance of licenses to certain
out-of-state applicants. This language reflects the requirements
of the Sunset legislation.
Amendments to 781.503 are proposed to reflect the require-
ments of the Sunset legislation relating to the refusal to renew
a license for failure to pay an administrative penalty; and to re-
quire that licensed social workers must complete the board's ju-
risprudence examination each renewal period in order to renew
the license, effective January 1, 2007. This requirement is in-
tended to increase knowledge of, and compliance with, Texas
social work law and rules among the board's license holders.
Amendments to 781.508 - 781.509 are proposed to clarify the
number of continuing education hours required as a result of the
move to two-year license terms; to improve draftsmanship and
understanding; and to reflect the requirement for license holders
to take the jurisprudence examination as part of the biennial con-
tinuing education requirements, effective January 1, 2007. The
amendment to 781.514 is proposed to reflect the requirement
for license holders to take the jurisprudence examination as part
of the biennial continuing education requirements, effective Jan-
uary 1, 2007.
The amendment to 781.602 is proposed to reflect the board's
authority to issue a cease and desist order, as added by the Sun-
set legislation. The amendment to 781.607 is proposed to re-
flect the board's authority to refuse to renew a license for failureto pay an administrative penalty, as added by the Sunset legis-
lation. The amendment to 781.608 is proposed to reflect the
board's authority to order a license holder to pay a refund to a
consumer as provided in an agreement resulting from an infor-
mal settlement conference, as added by the Sunset legislation.
The amendment to 781.701 is proposed to update and clarify
the subchapter's purpose. New 781.702 is proposed to reflect
current operational and legal considerations relating to notice
of formal hearings and informal conferences, and to eliminate
obsolete or unnecessary language. New 781.703 is proposed
to reflect current operational and legal considerations relating to
default and to eliminate obsolete or unnecessary language. New
781.704 is proposed to reflect current operational and legal
considerations relating to action after a hearing and to eliminate
obsolete or unnecessary language. The repeals of 781.702 -
781.707 are proposed as those sections are deemed obsolete
or unnecessary, and they no longer reflect current legal and op-
erational considerations.
Amendments to 781.803 are proposed to implement the re-
quirement of the Sunset legislation to establish an administrative
penalty schedule.
FISCAL NOTE
Charles Horton, Executive Director, has determined that for each
fiscal year of the first five years the sections are in effect, there
will be fiscal implications to the state as a result of enforcing or
administering the sections as proposed. The effect on state gov-
ernment will be an increase in revenue to the state of $128,400
the first fiscal year and $192,600 each year for fiscal years two
through five due to the increase in license renewal fees and the
two-year license requirement. Implementation of the proposed
sections will not result in any fiscal implications for local govern-
ments.
In addition to the increase in license renewal fees, there will be
other costs for persons required to comply with the sections as
proposed. Effective January 1, 2007, each license holder must
complete the board's jurisprudence examination each two-year
licensing period. The cost is estimated to be $40 per person
every two years. Fees for the jurisprudence examination are re-
mitted directly to the third-party vendor; therefore, this new re-
quirement will not result in fiscal implications for the state.
SMALL AND MICRO-BUSINESS IMPACT ANALYSIS
Mr. Horton has also determined that there may be anticipated
economic costs to small businesses or micro-businesses
required to comply with the sections as proposed. There will
be an increase in the licensing fees for sole proprietors who
are engaged in the independent practice of social work and for
other small or micro-businesses that choose to cover licensing
costs for their employees who are required to hold a social
worker license. The probable economic cost to those persons
and businesses will increase from either $60 to $80 biennially or
from $80 to $100 biennially, depending upon the level of license
held.
Additionally, there will be anticipated economic costs to small
businesses or micro-businesses required to comply with the sec-
tions as proposed. The requirement for completion of the ju-
risprudence examination as part of the continuing education re-
quirements will affect sole proprietors who are engaged in the
independent practice of social work and other small and micro-
businesses that choose to cover continuing education costs for
their employees who are required to hold a social worker license.30 TexReg 6990 October 28, 2005 Texas Register
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Texas. Secretary of State. Texas Register, Volume 30, Number 43, Pages 6973-7094, October 28, 2005, periodical, October 28, 2005; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth97316/m1/17/?q=%22%22~1: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.