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Amendments to Title 30, Texas Administrative Code, Chapter 30 Occupational Licenses and Registrations

The Occupational Licensing & Registration Division (OLRD) proposes to amend 30 TAC Chapter 30, Occupational Licenses and Registrations and is accepting informal public comment. This would include adding a new provisional license for water and wastewater operators, requiring fingerprinting for background checks, changing the continuing education requirements for Leaking Petroleum Storage Tank Project Managers, requiring resiliency training for water operators, updating definitions and terminology, allowing TCEQ to issue digital licenses, and adding a timeframe for TCEQ to issue licenses to military service members in certain circumstances.

Public Participation

The commission will hold a hybrid virtual and in-person public hearing on this proposal in Austin on Thursday October 10, 2024, at 2pm in building F, room 2210 at the commission's central office located at 12100 Park 35 Circle. If you would like to attend virtually and provide comments, you must register by October 8, 2024, by emailing Rules@tceq.texas.gov and provide the following information: your name, your affiliation, your email address, and your phone number. To view the meeting without providing oral comments you can join here .

Electronic comments may be submitted at:  https://tceq.commentinput.com/ .

TCEQ held an informal stakeholder meeting on Thursday, March 7th, 2024, to discuss the proposed changes. A recording of the stakeholder meeting (YouTube) and a presentation is available.

Changes to Licensing Requirements

Copies of the proposed rulemaking can be obtained from the commission's website at https://www.tceq.texas.gov/rules/propose_adopt.html.

New Requirements from the 88th Legislature

Provisional License for Water and Wastewater Operators

TCEQ is now required to establish, by rule, a provisional occupational license for Class D wastewater operators and public water system operators for those without a high school diploma or equivalent.

House Bill (HB) 1845, by Representatives Metcalf and Troxclair, created this new requirement by adding Texas Water Code (TWC) Section 37.0045, Qualifications for Certain Licenses.

Digital Licensing

Licensing agencies, such as TCEQ, may now issue a digital license or certificate of registration in lieu of a physical paper license.

HB 2453, by Representative Guillen, created this option by adding Texas Occupations Code (TOC) Chapter 60, Digital Licenses.

Licenses for Military Service Members

TCEQ must now process applications and issue the license for qualified military service members, veterans, or spouses, within 30 days of receipt.

Senate Bill (SB) 422, by Senator Paxton, created these requirements by amending TOC Chapter 55, Licensing of Military Service Members, Military Veterans, and Military Spouses.

OLRD proposes to codify in rule current public water systems operator resiliency training requirements to assist licensed operators, public water systems, and affected utilities in preparing for, responding to, and recovering from severe weather-related events.

This proposal is in response to Winter Storm Uri and SB 3 from the 87th Texas Legislature and would amend 30 TAC Chapter 30.

Staff Recommended Changes

Fingerprinting Requirements

OLRD proposes amendments that would require all applicants for new and renewal licenses to subscribe to FBI fingerprinting for the criminal history review. This change will give TCEQ access to national criminal history rather than only the information from the Texas Department of Public Safety.

This will allow TCEQ to meet the statutory requirement to automatically revoke a license or registration upon an individual’s imprisonment following a criminal conviction, felony community supervision revocation, revocation of parole, or revocation of mandatory supervision, as stated in 30 TAC Subsection 53.021(b).

Continuing Education (CE) for Leaking Petroleum Storage Tank Project Manager Licenses

OLRD proposes to reduce the number of CE credits required to renew this license from 32 hours to 20 hours.

The regulated community has expressed difficulty in meeting this requirement based on the available TCEQ-approved training. Staff believes that reducing the required CE credits from 32 to 20 will address the lack of available TCEQ-approved trainings without any detrimental effects on the environment or to public health.

Consistency in Requirements and Rules

Other minor updates to 30 TAC Chapter 30 will be made, as necessary, to provide consistency with other licensing requirements and rules.