Adopted Repeal of Duplicate Administrative Rules

JUSTIFICATION FOR ADMINISTRATIVE RULE ADOPTION
Offender Education Programs for Alcohol and Drug-Related Offenses
16 TAC Chapter 150, repeal §§150.1 - 150.24

The Texas Commission of Licensing and Regulation (Commission) adopts the repeal of existing rules at 16 Texas Administrative Code, Chapter 150, §§150.1 - 150.24, regarding the Offender Education Programs for Alcohol and Drug-Related Offenses, as noticed in the February 2, 2018, issue of the Texas Register (43 TexReg 517). The rules will not be republished.

The Texas Legislature enacted Senate Bill 202 (S.B. 202), 84th Legislature, Regular Session (2015), which, in part, transferred 13 occupational licensing programs in two phases from the Department of State Health Services (DSHS) to the Commission and the Texas Department of Licensing and Regulation (Department).

On August 18, 2017, the Commission adopted its own set of rules for the Offender Education Programs for Alcohol and Drug-Related Offenses located at 16 TAC Chapter 90. The Commission’s rules were effective November 1, 2017, (42 TexReg 4632). The Department officially commenced all regulatory functions for the Offender Education Programs for Alcohol and Drug-Related Offenses on November 1, 2017.

The current 16 TAC Chapter 150 rules were transferred from DSHS to be repealed to eliminate possible industry and public confusion (42 TexReg 6202). These rules were formerly located at 25 TAC Chapter 453. The adopted repeal is necessary to complete the implementation of S.B. 202.

The proposed repeal of §§150.1-150.24 eliminates possible industry and public confusion by removing duplicate, obsolete, and inactive rules for the Offender Education Programs for Alcohol and Drug-Related Offenses.

The Department drafted and distributed the proposed repeal to persons internal and external to the agency. The proposed repeal was published in the February 2, 2018, issue of the Texas Register (43 TexReg 517). The deadline for public comment was March 5, 2018. The Department did not receive any comments during the 30-day public comment period.

At its meeting held on March 27, 2018, the Commission adopted the proposed repeal.

The repeal is adopted under Texas Occupations Code, Chapter 51, which authorize the Commission, the Department’s governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51; Alcoholic Beverage Code, Chapter 106, §106.115 (Alcohol Education Program for Minors); Transportation Code, Chapter 521, Sections §§521.374 - 521.376 (Drug Offender Education Program); Code of Criminal Procedure, Chapter 42A, Articles 42A.403, 42A.405 and 42A.406 (formerly Chapter 42, Article 42.12, §13(h)) (DWI Education Program); and Code of Criminal Procedure, Chapter 42A, Articles 42A.404, 42A.405, and 42A.406 (formerly Chapter 42, Article 42.12, §13(j)) (DWI Intervention Program). No other statutes, articles, or codes are affected by the adoption.

[ §150.1 Definitions. ]

[ §150.2 Requirement of Program and Instructor Certification and Scope of Rules. ]

[ §150.3 Fees. ]

[ §150.4 Program Instructor Certification. ]

[ §150.5 Instructor Certification Renewals. ]

[ §150.6 Program Application and Certification. ]

[ §150.7 Program Expiration and Renewal. ]

[ §150.8 Program Content and Materials. ]

[ §150.9 Uniform Certificates of Course Completion. ]

[ §150.10 Classroom Facilities and Equipment. ]

[ §150.11 Program Administration. ]

[ §150.12 Recordkeeping and Reporting. ]

[ §150.13 General Program Operation Requirements. ]

[ §150.14 Additional Program Requirements for Drug Offender Education Programs. ]

[ §150.15 Additional Requirements for Alcohol Education Program for Minors. ]

[ §150.16 Requirements for DWI Education Programs. ]

[ §150.17 Additional Requirements for DWI Intervention Programs. ]

[ §150.18 Confidentiality. ]

[ §150.19 Discrimination Prohibited. ]

[ §150.20 Participant Complaints. ]

[ §150.21 Exceptions. ]

[ §150.22 Action Against an Applicant or Certification Holder. ]

[ §150.23 Criminal History Standards. ]

[ §150.24 Procedures for Adverse Action Against a Program or Instructor Certificate. ]

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 April 5, 2018.


Brian E. Francis
Executive Director
Texas Department of Licensing and Regulation