JUSTIFICATION FOR ADMINISTRATIVE RULE ADOPTION
Continuing Education Requirements
16 TAC Chapter 59

(effective March 15, 2017)

The Texas Department of Licensing and Regulation (Department) filed a Notice of Intent to Review and consider for re-adoption, revision, or repeal, Title 16, Texas Administrative Code (TAC), Chapter 59, relating to the Continuing Education Requirements. The Notice of Intent to Review was published in the December 9, 2016, issue of the Texas Register (41 TexReg 9746). The public comment period closed on January 9, 2017.

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 Continuing Education Requirements under Texas Occupations Code, Chapter 51.405, are scheduled for this four-year review.

The Department has reviewed these rules and has determined that the rules are still essential in implementing the statutory provisions of Texas Occupations Code, §51.405, Regulation of Continuing Education Requirements. The rules provide details that are not found in the program statute but are necessary for implementation and operation of this program. For example, the rules are promulgated to establish continuing education provider and course requirements for the occupations regulated by the Department.

The Department received 14 public comments. Two commenters stated the requirements should be abolished. Two commenters suggested the requirements are still needed in their current form. Two commenters suggested using a more stream lined electronic process for completing the requirements instead of focusing solely on classroom settings. One commenter stated the requirements for HVAC should be eliminated altogether. One commenter stated the requirements for the RAS program should remain the same. Five commenters suggested the requirements for their programs should be modified based on length of licensure and experience. One commenter requested information on how to subscribe to notifications. These comments will be taken under consideration as part of any possible rule changes in the future.

At its meeting on March 1, 2017, the Texas Commission of Licensing and Regulation (Commission), the Department’s governing body, readopted the rules at 16 TAC, Chapter 59 Continuing Education requirements, in their current form. As a result of this review process, the Department may propose amendments in the future that may 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 59, Continuing Education Requirements.

Issued in Austin, Texas, on March 15, 2017.

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