Texas Register, Volume 37, Number 35, Pages 6819-7008, August 31, 2012 Page: 6,888
6819-7008 p. ; 28 cm.View a full description of this periodical.
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The Board proposes the amendment to 577.15 to reformat the
fees to make them easier to read, to adjust veterinarian renewal
fees lower to match current legislative appropriations for the
2013 fiscal year, to correct a calculation mistake in the fee for
provisional veterinary licenses, to add inactive equine dental
provider fees necessitated by rule changes that created inactive
status for equine dental provider licensees, and to consolidate
all the fixed fees that the Board charges into one schedule.
In the proposed rule, the application processing fees and exam-
ination fees, which appeared as separate line items for each ini-
tial license in the previous version of the rule, have been consol-
idated into the respective initial licenses, and no longer appear
as separate fees. The Board proposes this change to clarify the
cost of becoming initially licensed in Texas as either a veterinar-
ian or an equine dental provider.
With regard to veterinary licenses, the proposed rule decreases
veterinary license renewal fees to match the appropriations
granted to the agency. The proposed rule increases the fee
for provisional veterinary licenses that makes the provisional
license $50 more expensive than a regular veterinary license,
to more accurately reflect the costs and staff time involved in
processing and administering the two separate examinations
that provisional licensees take on their way to becoming full
licensees.
With regard to the new inactive fees for equine dental providers,
the proposed amendment adds renewal fees and inactive sta-
tus fees to the fee schedule so that in fiscal year 2013, equine
dental providers who became licensed for the first time in fiscal
year 2012 will have the option to renew their licenses or put their
licenses on inactive status. The Equine Dental Provider Advi-
sory Committee has reviewed these proposed fees and found
by consensus that the proposed fees for equine dental provider
licenses are reasonable.
The proposed amendment adds several fees to the fee schedule
that previously appeared in other rules, such as the fee for du-
plication of license, and the reactivation fees for both veterinary
and equine dental provider licenses. With the addition of these
fees, the Board intends for this rule to reflect all of the fixed fees
that the Board charges. It does not, however, reflect variable
fees that the Board has set, such as the fees for transcripts and
records of administrative hearings before the State Office of Ad-
ministrative Hearings as set forth in 575.10 of this title (relating
to Costs of Administrative Hearings).
Nicole Oria, Executive Director, has determined that for each
year of the first five years that the rule is in effect, there will be a
decrease in revenue to state government as a result of the veteri-
nary renewal fee decreases, which will be offset to some extent
by the increase in revenue from the increased provisional vet-
erinary license fee, and the advent of the equine dental provider
renewal fees and inactive fees. Ms. Oria does not anticipate
any impact on revenue to local government. Ms. Oria has also
determined that there will be no increase or reduction in costs to
either state or local government as a result of enforcing or admin-
istering the rule as proposed. Ms. Oria has further determined
that the amendment to the rule will have no impact on local em-
ployment.
Ms. Oria has also determined that for each year of the first five
years the rule is in effect, the anticipated public benefit will be
to clarify the costs of becoming a licensed veterinarian or equine
dental provider in Texas, and that the increase in funding through
increased fees will allow the Board to continue to license veteri-narians and equine dental providers effectively and efficiently,
and thereby continue to protect the interests of the public and
the animals of Texas.
Ms. Oria has determined that there will be a slight decreased
economic cost to veterinarians seeking license renewal, both as
individuals and as micro businesses, which is offset by a slight in-
creased economic cost for both individuals and small businesses
seeking provisional veterinary licensees and renewal fees of ei-
ther active or inactive equine dental provider licensees. There
is a possible difference in the cost of compliance between small
and large businesses based purely on the number and type of li-
censees employed by the business--if a larger business employs
more renewing veterinary licensees, it will have to pay propor-
tionately less in licensing fees than it has in prior years, but if
the business is owned by a single veterinarian seeking a provi-
sional license, the cost will be relatively more than in prior years.
The Board has approximately 7,722 active, non-delinquent doc-
tor of veterinary medicine licensees and approximately 22 active
equine dental provider licensees, and it is appropriate to assume
that a large majority of these licensees are likely owners of small
businesses or micro-businesses.
For veterinarians seeking provisional licensure, the $200 in-
crease in the one-time provisional license fees should not create
a significant economic impact on the small or micro-businesses
seeking to hire them or the small or micro-businesses the
newly licensed veterinarians start upon licensure, and should
be outweighed by the expedited licensure and faster legal
employment as a veterinarian that the provisional license offers.
For equine dental providers seeking to renew their licenses as
either active or inactive, the $200 active renewal fee and $100
inactive renewal fee may have a slight negative economic im-
pact on micro-business they own, but the legal employment and
advertising opportunities that come with licensure should out-
weigh this fee. Since the vast majority of the Board's licensees
either own or are employed by small or micro-businesses, the
Board believes that there are no acceptable alternatives to the
proposed fees that could reduce the adverse impact on small or
micro-businesses while still allowing the Board sufficient funding
to adequately protect the health and safety of animals owned by
the public in Texas.
The Board invites comments on the proposed amendment to the
rule from any member of the public. A written statement should
be mailed or delivered to Loris Jones, Texas Board of Veterinary
Medical Examiners, 333 Guadalupe, Ste. 3-810, Austin, Texas
78701-3942; by facsimile (FAX) to (512) 305-7574; or by e-mail
to vet.board@tbvme.state.tx.us. Comments will be accepted for
30 days following publication in the Texas Register
The amendment is proposed under the authority of the Vet-
erinary Licensing Act, Texas Occupations Code, 801.151(a),
which states that the Board may adopt rules necessary to
administer the chapter; 801.151(e), which states that the
Board may adopt rules necessary to implement a jurisprudence
examination for licensed equine dental providers, including
examination fees; and 801.154(a), which states that the Board
by rule shall set fees in amounts that are reasonable and
necessary so that the fees, in the aggregate, cover the costs of
administering this chapter.
No other statutes, articles or codes are affected by the proposal.
577.15. Fee Schedule.
The Texas Board of Veterinary Medical Examiners has established the
following fixed fees as reasonable and necessary for the administration37 TexReg 6888 August 31, 2012 Texas Register
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Texas. Secretary of State. Texas Register, Volume 37, Number 35, Pages 6819-7008, August 31, 2012, periodical, August 31, 2012; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth253227/m1/70/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.