Proposed Amendments to Responsible Pet Owner Administrative Rules
Chapter 92. Responsible Pet Owners
Proposal Filed: December 28, 2017 – Published in the Texas Register: January 12, 2018
Deadline for Public Comment: February 12, 2018
The Texas Department of Licensing and Regulation (Department) proposes new rules at 16 Texas Administrative Code (TAC), Chapter 92, §§92.1, 92.10, 92.20 - 92.22, 92.30 - 92.32, 92.51, 92.52, 92.60, 92.80, 92.90, 92.91 and 92.95, regarding the Responsible Pet Owners program.
JUSTIFICATION AND EXPLANATION OF THE RULES
House Bill 162 (H.B. 162), 85th Legislature, Regular Session (2017), established the registration of Providers and Online Responsible Pet Owner courses. H.B. 162 authorizes the Texas Commission of Licensing and Regulation and the Department to establish rules to license and regulate providers and online responsible pet owner courses. The new rules are necessary to implement H.B. 162.
SECTION- BY- SECTION SUMMARY
The proposed new §92.1 establishes statutory authority.
The proposed new §92.10 creates the definitions to be used in the Responsible Pet Owners program.
The proposed new §92.20 provides for the course provider registration requirements.
The proposed new §92.21 establishes the renewal requirements for the course provider registration.
The proposed new §92.22 details when a registration may be denied.
The proposed new §92.30 provides for the responsible pet owner online course general requirements.
The proposed new §92.31 details the course requirements for the responsible pet owner online courses.
The proposed new §92.32 details the attendance verification requirements for the responsible pet owner online course.
The proposed new §92.51 establishes the responsibilities of course providers.
The proposed new §92.52 requires course providers to update information, including when a change of address occurs.
The proposed new §92.60 details the reporting and audit requirements and the manner the reports must be submitted.
The proposed new §92.80 creates the fees to be used in the responsible pet owners program.
The proposed new §92.90 provides for complaints and investigations.
The proposed new §92.91 allows for administrative sanctions and penalties.
The proposed new §92.95 details the reporting requirements.
FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT
Brian E. Francis, Executive Director, has determined that for each year of the first five years the new rules are in effect, there are no estimated additional costs or reductions in costs to state or local government as a result of enforcing or administering the proposed new rules.
Brian E. Francis, Executive Director, has determined that for each year of the first five years the new rules are in effect, there is an estimated increase in general revenue to state government of $600.00 as a result of enforcing or administering the proposed new rules. The Department anticipates two providers to register under the responsible pet owners program. In addition, the proposed new rules will not increase or decrease revenue to local governments.
LOCAL EMPLOYMENT IMPACT STATEMENT
Mr. Francis has determined that the proposed new rules will not affect the local economy, so the agency is not required to prepare a local employment impact statement under Government Code §2001.022.
Mr. Francis has also determined that for each year of the first five-year period, the proposed new rules are in effect, the public will benefit from the availability of an accredited online responsible pet owners course regulated by the Department.
PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL
Mr. Francis has determined that for each year of the first five-year period the proposed rules are in effect, the anticipated economic costs to persons who are required to comply with the proposed rules would be $200.00 for the provider application and $100.00 for the course approval totaling $300.00 per business for the first year, and $300.00 annually per business in subsequent years to include the renewal fee and the course approval fee.
FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES
There will be no adverse effect on small businesses, micro-businesses, or rural communities as a result of the proposed new rules.
Since the agency has determined that the proposed new rules will have no adverse economic effect on small businesses, micro-businesses or rural communities, preparation of an Economic Impact Statement and Regulatory Flexibility Analysis, as detailed under Texas Government Code §2006.002, are not required.
ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT
Under Government Code §2001.0045, a state agency may not adopt a proposed rule if the fiscal note states that the rule imposes a cost on regulated persons, including another state agency, a special district, or a local government, unless the state agency: (a) repeals a rule that imposes a total cost on regulated persons that is equal to or greater than the total cost imposed on regulated persons by the proposed rule; or (b) amends a rule to decrease the total cost imposed on regulated persons by an amount that is equal to or greater than the cost imposed on the persons by the rule. There are exceptions for certain types of rules under §2001.0045(c).
The proposed new rules implement legislation which is an exception under §2001.0045(c). Therefore, the agency is not required to take any further action under Government Code §2001.0045(c).
GOVERNMENT GROWTH IMPACT STATEMENT
Pursuant to Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for the proposed rules. For each year of the first five years the proposed new rules will be in effect, the agency has determined the following:
(1) The proposed rules do not create a government program, however, H.B. 162 creates the Responsible Pet Owner program by amending Article 42A.511 of the Code of Criminal Procedure. The proposed new rules implement the intent of the legislature.
(2) Implementation of the proposed rules does not require the creation of new employee positions or the elimination of existing employee positions.
(3) Implementation of the proposed rules does not require an increase or decrease in future legislative appropriations to the agency.
(4) The proposed rules require an increase in fees paid to the agency of roughly $600.00 per year. The Department anticipates two providers will register under this program.
(5) The proposed rules create a new regulation by establishing 16 Texas Administrative Code, Chapter 92, §§92.1, 92.10, 92.20 - 92.22, 92.30 - 92.32, 92.51, 92.52, 92.60, 92.80, 92.90, 92.91 and 92.95.
(6) The proposed rules do not expand, limit, or repeal an existing regulation.
(7) The proposed rules increase the number of individuals subject to the rule's applicability from zero to approximately two.
(8) The proposed rules do not positively or adversely affect this state's economy.
Comments on the proposal may be submitted by mail to Pauline Easley, Legal Assistant, Texas Department of Licensing Regulation, P.O. Box 12157, Austin, Texas 78711; or by facsimile to (512) 475-3032, or electronically to email@example.com. The deadline for comments is 30 days after publication in the Texas Register.
The new rules are proposed 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 proposal are those set forth in Texas Occupations Code, Chapter 51 and Code of Criminal Procedure, Article 42A.511. No other statutes, articles, or codes are affected by the proposal.
REVIEW BY AGENCY COUNSEL
This agency hereby certifies that the proposal 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 28, 2017.
Brian E. Francis
Texas Department of Licensing and Regulation