Adopted Repeal of Duplicate Administrative Rules

JUSTIFICATION FOR ADMINISTRATIVE RULE ADOPTION
Sanitarians
16 TAC Chapter 145, repeal §§145.1 - 145.21

The Texas Commission of Licensing and Regulation (Commission) adopts the repeal of existing rules at 16 Texas Administrative Code, Chapter 145, §§145.1 - 145.21, regarding the Sanitarians program, as noticed in the February 2, 2018, issue of the Texas Register (43 TexReg 508). 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 Sanitarians program located at 16 TAC Chapter 119. The Commission’s rules were effective November 1, 2017. (42 TexReg 4643). The Department officially commenced all regulatory functions for the Sanitarians program on November 1, 2017.

The current 16 TAC Chapter 145 rules were transferred from DSHS to be repealed to eliminate possible industry and public confusion (42 TexReg 6202).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 140, Subchapter C. The adopted repeal is necessary to complete the implementation of S.B. 202.

The adopted repeal of §§145.1-145.21 eliminates possible industry and public confusion by removing duplicate, obsolete, and inactive rules for the Sanitarians program.

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 508). 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, Chapters 51 and 1953, 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 and 1953. No other statutes, articles, or codes are affected by the adoption.

[ §145.1 Purpose and Scope. ]

[ §145.2 Definitions. ]

[ §145.3 Fees. ]

[ §145.4 Application Procedures. ]

[ §145.5 Qualifications for Registration as a Sanitarian or a Sanitarian-in-Training. ]

[ §145.6 Educational Requirements. ]

[ §145.7 Examinations. ]

[ §145.8 Application Approval or Disapproval. ]

[ §145.9 Processing Applications. ]

[ §145.10 Sanitarian Registration Procedures. ]

[ §145.11 Sanitarian Registration Renewal. ]

[ §145.12 Exemption from Renewal and Continuing Education for Retired Professional Sanitarians. ]

[ §145.13 Continuing Education Requirements. ]

[ §145.14 Exemptions. ]

[ §145.15 Registration of Persons with Criminal Backgrounds. ]

[ §145.16 Grounds for Denial, Suspension or Revocation. ]

[ §145.17 Advertising. ]

[ §145.18 Violations, Complaints, Investigations, and Disciplinary Actions. ]

[ §145.19 Registered Sanitarian Advisory Committee. ]

[ §145.20 Request for Criminal History Evaluation Letter. ]

[ §145.21 Registration of Military Service Members, Military Veterans, and Military Spouses. ]

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