Rule Review Chapter 55: Proposed Amendment to Marine Safety Enforcement Officer Fee Rules

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LEGISLATIVE RULES REVIEW

CHAPTER 53. FINANCE

TRAINING AND CERTIFICATION FEES

PROPOSAL PREAMBLE

1. Introduction.

        The Texas Parks and Wildlife Department proposes an amendment to §53.50, concerning Training and Certification Fees. The proposed amendment would establish a fee of $10 for online marine safety enforcement officer instruction by a department-approved third-party provider and allow for the provider to charge and retain a service fee in addition to the $10 fee forwarded to the department. In a proposed rulemaking published elsewhere in this issue, the department proposes to create an online option for marine safety enforcement officer instruction.

        The proposed amendments are a result of the department’s review of its regulations under the provisions of Government Code, §2001.039, which requires each state agency to review each of its regulations no less frequently than every four years and to re-adopt, adopt with changes, or repeal each rule as a result of the review.

2. Fiscal Note.

        Cody Jones, Assistant Commander and Boating Law Administrator, has determined that for each of the first five years that the rule as proposed is in effect, there will be no fiscal implications to state or local government as a result of administering or enforcing the rule.

3. Public Benefit/Cost Note.

        Assistant Commander Jones also has determined that for each of the first five years that the rule as proposed is in effect:

        (A) The public benefit anticipated as a result of enforcing or administering the proposed rule will be a fee schedule that reflects an online option for the provision of marine safety enforcement officer training.

        There will be no adverse economic effect on persons required to comply with the rule.

        (B) Under the provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses, micro-businesses, or rural communities. As required by Government Code, §2006.002(g), the Office of the Attorney General has prepared guidelines to assist state agencies in determining a proposed rule’s potential adverse economic impact on small and microbusinesses and rural communities. Those guidelines state that an agency need only consider a proposed rule’s direct adverse economic impacts to determine if any further analysis is required. The department considers “direct economic impact“ to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services.

        (C) The department has determined that proposed rule would result in no direct economic effect on any small businesses, micro-businesses, or rural community. Therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

        (D) The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rule as proposed will not impact local economies.

        (E) The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed rule.

        (F) The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rule.

        (G) In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS).  The rule as proposed, if adopted, will neither create nor eliminate a government program; not result in an increase or decrease in the number of full-time equivalent employee needs; not result in a need for additional General Revenue funding; not affect the amount of an existing fee; not create or expand an existing regulation; not increase or decrease the number of individuals subject to regulation; and not positively or adversely affect the state’s economy.

4. Request for Public Comment.

        Comments on the proposal may be submitted to Assistant Commander Cody Jones, (512) 389-4624, e-mail: cody.jones@tpwd.texas.gov. Comments also may be submitted via the department’s website at http://www.tpwd.texas.gov/business/feedback/public_comment/.

5. Statutory Authority.

        The amendment is proposed under the authority of Parks and Wildlife Code, §31.121, which requires the commission to promulgate rules to establish and collect a fee to recover the administrative costs associated with the certification of marine safety enforcement officers.

        The proposed amendment affects Parks and Wildlife Code, §31.121.

6. Rule Text.

        §53.50. Training and Certification Fees.

                 (a) Marine safety enforcement training and certification fees.

                         (1) Except as provided in paragraph (2) of this subsection, the[The] fee for certification as] a marine safety enforcement officer course is $25.

                         (2) The fee for a marine safety enforcement officer course delivered by a department-approved online provider shall be $10 per student. The provider shall forward the fee to the department within 30 days following course delivery.

                         (3) In addition to the examination or course fee described in paragraph (2) of this subsection, a course provider may charge and keep a service fee.

                          [(2) The fee for certification as a marine safety enforcement officer instructor is $25.]

                 (b) (No change.)

        This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency’s authority to adopt.

        Issued in Austin, Texas, on

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