Rule Review Adoption Justification

RULE REVIEW-ADOPTION JUSTIFICATION
Chapter 120. Licensed Dyslexia Therapists and Licensed Dyslexia Practitioners
(effective October 1, 2020)

The Texas Department of Licensing and Regulation (Department) filed a notice of intent to review and consider for re-adoption, revision, or repeal 16 Texas Administrative Code (TAC), Chapter 120, Licensed Dyslexia Therapists and Licensed Dyslexia Practitioners. The Notice of Intent to Review was published in the August 14, 2020, issue of the Texas Register (45 TexReg 5663). The public comment period closed on September 14, 2020.

Texas Government Code §2001.039 requires state agencies to review their rules every four years to determine if the reasons for initially adopting the rules continue to exist. The rules implementing the Dyslexia Therapy program under Texas Occupations Code, Chapter 403, were scheduled for this four-year review.

The Department reviewed these rules and determined that the rules are still essential in implementing the statutory provisions of Texas Occupations Code, Chapter 403, Licensed Dyslexia Practitioners and Licensed Dyslexia Therapists. The rules provide details that are not found in the program statutes but are necessary for implementation and operation of this program. For example, the rules detail the continuing education requirements, professional standards, and fees that are specific to this program. In addition, Texas Occupations Code §§403.052 and 403.209 specifically require that rules be adopted for this program. The Department did not receive any public comments in response to the Notice of Intent to Review.

At its meeting on September 29, 2020, the Texas Commission of Licensing and Regulation (Commission), the Department’s governing body, readopted the rules at 16 TAC, Chapter 120, Licensed Dyslexia Therapists and Licensed Dyslexia Practitioners, in their current form. As a result of the review process, the Department may propose amendments in the future that further clarify or supplement the existing rules. Any future proposed changes to the rules will be published in the Proposed Rules section of the Texas Register and will be open for public comment prior to final adoption by the Commission in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.

The rules are re-adopted by the Commission in accordance with Texas Government Code, §2001.039. This concludes the review of 16 TAC, Chapter 120, Licensed Dyslexia Therapists and Licensed Dyslexia Practitioners.

Filed with the Office of the Secretary of State on October 1, 2020.


Brad Bowman
General Counsel
Texas Department of Licensing and Regulation