The Texas Board of Veterinary Medical Examiners (Board) proposes an amendment to §571.56, concerning a Military Service Fee Waiver.

The proposed amendments to §571.56 clarify that the provision applies only to veterinary licensees, and not to equine dental provider licensees. The amendments are necessitated by House Bill (HB) 414, 82nd Legislative Session, which gave the Board the authority to license and regulate equine dental providers. The Texas Legislature did not extend the military service fee waiver to equine dental providers under Texas Occupations Code §801.304, and therefore §571.56 does not apply to equine dental providers. These changes do not alter the substance or meaning of the rule.

Nicole Oria, Executive Director, has determined that for each year of the first five years that the rule is in effect there will be no additional costs to state or local governments as a result of enforcing or administering the rule as proposed. Ms. Oria has determined that there will be no reduction in costs for either state or local governments as a result of enforcing or administering this rule. Ms. Oria has further determined that there will be no loss or increase in revenue to the state or to local governments as a result of enforcing or administering the rule. Moreover, Ms. Oria has determined that there will be no local employment impact as a result of adoption of the proposed rule.

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 Board's requirements for veterinarians seeking a fee waiver following discharge from military service. Ms. Oria has determined that there will be no economic cost to individuals required to comply with the rule. Ms. Oria has determined that there will be no measurable effect on small businesses and micro businesses. There is no anticipated difference in cost of compliance between small and large businesses.

The Texas Board of Veterinary Medical Examiners invites comments on the proposed amendment 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, Suite 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 Veterinary Licensing Act, Occupations Code, §801.151(a), which states that the Board may adopt rules necessary to administer the chapter.

Texas Occupations Code, Chapter 801, is affected by this proposal.

§571.56.Military Service Fee Waiver.

Upon submission of a DD214, the active license renewal fee is waived for the remainder of the calendar year in which the veterinary licensee is discharged from military service. A current year renewal certificate will be issued to the veterinary licensee in the same manner as if the active renewal fee had been paid for that particular year. A veterinary licensee's [Licensee's ] submission of a DD214 places his or her license in active status allowing the veterinary practitioner to practice in the State of Texas or renew their Texas license in inactive status the year following military separation. The waiver of the fee for the balance of the calendar year in which an applicant is discharged from the military service is to be applicable only to those veterinarians who have served at least one year on extended active duty.

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

Filed with the Office of the Secretary of State on January 26, 2012.

TRD-201200372

Loris Jones

Executive Assistant

Texas Board of Veterinary Medical Examiners

Earliest possible date of adoption: March 11, 2012

For further information, please call: (512) 305-7563