Justification for Adopted Rules
Procedural Rules of the Commission and the Department
16 TAC Chapter 60, §60.24
The Texas Commission of Licensing and Regulation (Commission) adopts amendments to an existing rule at 16 Texas Administrative Code, (TAC), Chapter 60, §60.24, regarding the Procedural Rules of the Commission and the Department, as published in the September 28, 2012, issue of the Texas Register (37 TexReg 7647), with changes to the proposed text. The adoption takes effect January 15, 2013.
The amendments are necessary to comply with Texas Government Code, §2110.008, which authorizes a state agency that has established an advisory committee to designate the date on which the committee will automatically be abolished. The designation must be by rule. The committee may continue in existence after that day only if the agency amends the rule to provide for a different abolishment date.
The Texas Department of Licensing and Regulation (Department) drafted and distributed the proposed rule amendments to persons internal and external to the agency. The proposed amendments were published in the Texas Register on September 28, 2012. The 30-day public comment period closed on October 29, 2012. The Department did not receive any public comments on the proposed rule amendments.
The rule as adopted makes one correction to the proposed rule to refer to the correct name of the committee, “Licensed Breeders Advisory Committee.” The proposed rule incorrectly identified the committee as the “Dog or Cat Breeder Advisory Committee.”
The amendments are adopted under Texas Occupations Code, Chapter 51, §51.203, which authorize the Commission, the Department’s governing body, to adopt rules as necessary to implement this chapter and any other law establishing a program regulated by the Department, and Texas Government Code, Chapter 2110, §2110.008, which authorizes state agencies to continue the existence of an advisory committee beyond the four year period following the date of creation of the committee.
The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 802 and 51, and Texas Administrative Code, Chapter 60. No other statutes, articles, or codes are affected by the adoption.
§60.24 Advisory Boards
(a) Unless otherwise provided by law, the presiding officer of the commission, with the commission's approval, shall appoint the members of each advisory board.
(b) The purpose, duties, manner of reporting, and membership requirements of each advisory board are detailed in the statutes and rules of the specific program regulated by the department.
(c) In accordance with Texas Government Code, §2110.008, the commission establishes the following periods during which the advisory boards listed will continue in existence. The automatic abolishment date of each advisory board will be the date listed for that board unless the commission subsequently establishes a different date:
(1) Advisory Board on Barbering--09/01/2014;
(2) Advisory Board on Cosmetology--09/01/2014;
(3) Architectural Barriers Advisory Committee--09/01/2014;
(4) Air Conditioning and Refrigeration Contractors Advisory Board--09/01/2014;
(5) Auctioneer Education Advisory Board--09/01/2014;
(6) Board of Boiler Rules--09/01/2014;
(7) Licensed Breeders Advisory Committee--09/01/2015;
(8) Electrical Safety and Licensing Advisory Board--09/01/2014;
(9) Elevator Advisory Board--09/01/2014;
(10) Licensed Court Interpreter Advisory Board--09/01/2014;
(11) Medical Advisory Committee--09/01/2014;
(12) Polygraph Advisory Committee--09/01/2014;
(13) Property Tax Consultants Advisory Council--09/01/2014;
(14) Texas Tax Professional Advisory Committee--09/01/2014;
(15) Towing, Storage, and Booting Advisory Board--09/01/2014;
(16) Used Automotive Parts Recycling Advisory Board--09/01/2014;
(17) Vehicle Protection Product Warrantor Advisory Board--09/01/2014;
(18) Water Well Drillers Advisory Council--09/01/2014; and
(19) Weather Modification Advisory Committee--09/01/2014.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency’s legal authority.
Filed with the Office of the Secretary of State, on December 20, 2012.
William H. Kuntz, Jr.
Texas Department of Licensing and Regulation