Bill Text: TX HB197 | 2011-2012 | 82nd Legislature | Engrossed

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Bill Title: Relating to the provision of certain documentation before a person may engage in a licensed occupation; providing a criminal penalty.

Sponsorship: Partisan Bill (Republican 4)

Status: (Engrossed - Dead) 2011-05-16 - Referred to Transportation & Homeland Sec. [HB197 Detail]

Download: Texas-2011-HB197-Engrossed.html

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By: Solomons, et al. H.B. No. 197

A BILL TO BE ENTITLED
AN ACT
relating to the provision of certain documentation before a person
may engage in a licensed occupation; providing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 2, Occupations Code, is amended by adding
Chapter 60 to read as follows:
CHAPTER 60. PROOF OF CITIZENSHIP OR AUTHORIZATION TO WORK REQUIRED
Sec. 60.001. DEFINITIONS. In this chapter:
(1) "License" means a license, certificate,
registration, permit, or other authorization that:
(A) is issued by a licensing authority; and
(B) an individual must obtain to practice or
engage in a particular business, occupation, or profession.
(2) "Licensing authority" means a department,
commission, board, office, or other agency of the state that issues
a license.
Sec. 60.002. EXCEPTIONS. This chapter does not apply to:
(1) a license issued under Section 2052.107(1); or
(2) a registration issued or notice filing submitted
under The Securities Act (Article 581-1 et seq., Vernon's Texas
Civil Statutes), if the registration or filing is made through a
national electronic registration or filing system.
Sec. 60.003. PROOF OF CITIZENSHIP
OR AUTHORIZATION TO WORK
REQUIRED. An individual who is licensed to practice or engage in a
particular business, occupation, or profession may engage in that
work under the license only after the license holder provides to the
licensing authority documentation that the license holder is:
(1) a citizen of the United States; or
(2) lawfully present in the United States and
authorized to engage in the work authorized under the license.
Sec. 60.004. SUBMISSION OF DOCUMENTATION. (a) Except as
provided by Subsections (b) and (d), a license holder shall submit
the documentation required by Section 60.003 to the appropriate
licensing authority at the time of an application for the issuance
or renewal of the license.
(b) An applicant who submits an application through the
TexasOnline system or another electronic means shall submit the
documentation required by Section 60.003 not later than the 30th
day after the date the application is submitted electronically.
(c) Each licensing authority by rule shall prescribe forms
and procedures by which a license holder may submit the
documentation required by Section 60.003.
(d) A licensing authority may accept as documentation in
satisfaction of Section 60.003 a certification from another
licensing authority stating that the individual has submitted
documentation required by that section if the individual is
licensed by or applying for a license from both licensing
authorities.
(e) A licensing authority may deny or revoke an individual's
license if the individual fails to submit the documentation
required by Section 60.003 in the manner required by this section.
Sec. 60.005. CRIMINAL PENALTY. (a) An individual commits
an offense if the individual:
(1) provides false information under this chapter; or
(2) violates Section 60.003.
(b) An offense under this section is a Class A misdemeanor.
SECTION 2. (a) In this section:
(1) "License" means a license, certificate,
registration, permit, or other authorization that:
(A) is issued by a licensing authority; and
(B) an individual must obtain to practice or
engage in a particular business, occupation, or profession.
(2) "Licensing authority" means a department,
commission, board, office, or other agency of this state that
issues a license.
(b) Each licensing authority shall adopt rules under
Chapter 60, Occupations Code, as added by this Act, not later than
January 1, 2012.
(c) The change in law made by this Act applies only to an
application for the issuance or renewal of a license that is filed
with a licensing authority on or after March 1, 2012. An
application for the issuance or renewal of a license that is filed
before March 1, 2012, is governed by the law in effect on the date
the application was filed, and the former law is continued in effect
for that purpose.
SECTION 3. This Act takes effect September 1, 2011.