Texas Register, Volume 30, Number 42, Pages 6835-6972, October 21, 2005 Page: 6,920
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267.3(a)(8) increases the continuing education course review
fee by $25 per course.
FISCAL NOTE
Susan E. Tennyson, Section Director, Environmental and Con-
sumer Safety Section, has determined that for each fiscal year
of the first five years the amendment is in effect, there will be
fiscal implications to the state as a result of enforcing or admin-
istering the amended section as proposed. The effect on state
government will be an estimated increase in revenue to the state
of $51,567 in 2006 and $77,350 in 2007 through 2010. These
additional revenues will offset a portion of the increased costs as-
sociated with the legislative increase in pay, longevity pay, and
travel reimbursement; however, many of the licensees are lo-
cal governmental entities, and to raise the fees to fully cover the
costs of the program would be detrimental to these local govern-
mental entities. Implementation of the proposed amendment will
not result in any fiscal implications for local governments.
SMALL AND MICRO-BUSINESS IMPACT ANALYSIS
Ms. Tennyson has also determined that there will be no effect on
small businesses or micro-businesses required to comply with
the amendment as proposed. This conclusion was determined
by an interpretation of the rules that small businesses and mi-
cro-businesses will not be required to pay an increased fee in
order to comply with the amended section because currently,
all non-commercial pesticide applicators must be employed by
political subdivisions of the state or federal government. There
are no small businesses or micro-businesses licensed under this
program. There will be an increase in the licensing fees for per-
sons required to maintain a pesticide applicator license. The
economic cost to persons required to comply with the fee for the
license will increase from $750 every two years to $1,015 every
two years, or a 35% increase in license fees. There is no antici-
pated negative impact on local employment.
PUBLIC BENEFIT
In addition, Ms. Tennyson has also determined that for each
year of the first five years the amendment is in effect, the public
will benefit from adoption of the amended section. The public
benefit anticipated as a result of enforcing or administering the
amended section is to generate funding to operate the program
to continue enforcement of the safe operation of the mosquito
control programs to ensure the public's safety.
REGULATORY ANALYSIS
The department has determined that this proposal is not a
"major environmental rule" as defined by Government Code,
2001.0225. "Major environmental rule" is defined to mean a
rule the specific intent of which is to protect the environment
or reduce risk to human health from environmental exposure
and that may adversely affect, in a material way, the economy,
a sector of the economy, productivity, competition, jobs, the
environment or the public health and safety of a state or a sector
of the state.
TAKINGS IMPACT ASSESSMENT
The department has determined that the proposed amendment
does not restrict or limit an owner's right to his or her property
that would otherwise exist in the absence of government action
and, therefore, does not constitute a taking under Government
Code, 2007.043.
PUBLIC COMMENTComments on the proposal may be submitted to Michael J.
Minoia, Environmental Health Group, Policy/Standards/Quality
Assurance Unit, Environmental and Consumer Safety Sec-
tion, Division of Regulatory Services, Department of State
Health Services, 1100 West 49th Street, Austin, Texas 78756,
(512) 834-6773, extension 2305 or by e-mail to Michael.Mi-
noia@dshs.state.tx.us. Comments will be accepted for 30 days
following publication of the proposal in the Texas Register.
LEGAL CERTIFICATION
The Department of State Health Services Deputy General Coun-
sel, Lisa Hernandez, certifies that the proposed rule has been
reviewed by legal counsel and found to be within the state agen-
cies' authority to adopt.
STATUTORY AUTHORITY
The proposed amendment to 267.3 is authorized by Agriculture
Code, 76.109(b), which authorizes a license fee to be set by
the agency; and Government Code, 531.0055, and Health and
Safety Code, 1001.075, which authorize the Executive Com-
missioner of the Health and Human Services Commission to
adopt rules and policies necessary for the operation and pro-
vision of health and human services by the department and for
the administration of Chapter 1001, Health and Safety Code.
The proposed amendment affects the Agriculture Code, Chapter
76; the Health and Safety Code, Chapter 1001; and Government
Code, Chapter 531.
267.3. Fees.
(a) Term, Expiration, and Fee Schedule. [Prior to January 4-
2-5 the term of al licenses i-ene year and expires on the airsary
of the effective date unless renewed.] Effective January 1, 2005, the
term of all licenses is two years and expires on the second anniversary
of the effective date. [Some licenses will be renewed for a one-year
term in 2005 in a manner to be determined by the department and two
years thereafter.] The schedule of fees is as follows:
(1) application fee--$15 [$4-];
(2) category examination fee--$70 [$50];
(3) category reexamination fee--$70; [$50]
(4) initial category license fee--$1,015 for a two-year term.
[-]
[(A) for a one year term is $375"and]
{B} foratwoyeartermis$750.
(5) renewal category license fee--$1,015 for a two-year
term. [:]
[(A) for a one year term is $375and]
f{} for a two year term is $750.]
(6) late fee--$50 [$25];
(7) license and/or identification card replacement fee--$50
[$25]; and
(8) continuing education course review fee--$50 [$25] per
course.
(b) - (d) (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.30 TexReg 6920 October 21, 2005 Texas Register
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Texas. Secretary of State. Texas Register, Volume 30, Number 42, Pages 6835-6972, October 21, 2005, periodical, October 21, 2005; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth97315/m1/86/?q=%22%22~1&rotate=90: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.