Bill Text: TX HB2847 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the licensing and regulation of certain occupations, activities, and agreements; providing a civil penalty; authorizing fees; requiring an occupational registration and an occupational license.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB2847 Detail]
Download: Texas-2019-HB2847-Introduced.html
Bill Title: Relating to the licensing and regulation of certain occupations, activities, and agreements; providing a civil penalty; authorizing fees; requiring an occupational registration and an occupational license.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB2847 Detail]
Download: Texas-2019-HB2847-Introduced.html
By: Goldman | H.B. No. 2847 |
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relating to the licensing and regulation of certain occupations and | ||
activities; authorizing fees. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1001.001(7), Education Code, is amended | ||
to read as follows: | ||
(7) "Driver education school" means an enterprise | ||
that: | ||
(A) maintains a place of business or solicits | ||
business in this state; and | ||
(B) is operated by an individual, association, | ||
partnership, or corporation for educating and training persons [ |
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education instructor development. | ||
SECTION 1.002. Section 1001.151(e), Education Code, is | ||
amended to read as follows: | ||
(e) The commission may establish a fee for an application | ||
for approval to offer a driver education course [ |
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SECTION 1.003. Section 1001.204(b), Education Code, is | ||
amended to read as follows: | ||
(b) The department shall approve an application for a driver | ||
education school license if the application is submitted on a form | ||
approved by the department [ |
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accompanied by [ |
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the school: | ||
(1) has courses, curricula, and instruction of a | ||
quality, content, and length that reasonably and adequately achieve | ||
the stated objective for which the courses, curricula, and | ||
instruction are offered; | ||
(2) has adequate space, equipment, instructional | ||
material, and instructors to provide training of good quality in | ||
the classroom and behind the wheel, if applicable; | ||
(3) has instructors who have adequate educational | ||
qualifications and experience; | ||
(4) provides to each student before enrollment: | ||
(A) a copy of: | ||
(i) the refund policy; | ||
(ii) the schedule of tuition, fees, and | ||
other charges; and | ||
(iii) the regulations relating to absence, | ||
grading policy, and rules of operation and conduct; and | ||
(B) the department's name, mailing address, | ||
telephone number, and Internet website address for the purpose of | ||
directing complaints to the department; | ||
(5) maintains adequate records as prescribed by the | ||
department to show attendance and progress or grades and enforces | ||
satisfactory standards relating to attendance, progress, and | ||
conduct; | ||
(6) on completion of training, issues each student a | ||
certificate indicating the course name and satisfactory | ||
completion; | ||
(7) complies with all county, municipal, state, and | ||
federal regulations, including fire, building, and sanitation | ||
codes and assumed name registration, if applicable; | ||
(8) is financially sound and capable of fulfilling its | ||
commitments for training; | ||
(9) maintains and publishes as part of its student | ||
enrollment contract the proper policy for the refund of the unused | ||
portion of tuition, fees, and other charges if a student fails to | ||
take the course or withdraws or is discontinued from the school at | ||
any time before completion; | ||
(10) does not use erroneous or misleading advertising, | ||
either by actual statement, omission, or intimation, as determined | ||
by the department; | ||
(11) does not use a name similar to the name of another | ||
existing school or tax-supported educational institution in this | ||
state, unless specifically approved in writing by the executive | ||
director; | ||
(12) submits to the department for approval the | ||
applicable course hour lengths and curriculum content for each | ||
course offered by the school; | ||
(13) does not owe an administrative penalty for a | ||
violation of this chapter; [ |
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(14) meets any additional criteria required by the | ||
department, including any applicable inspection requirements; and | ||
(15) provides adequate testing and security measures | ||
for the school's method of instruction. | ||
SECTION 1.004. Subchapter F, Chapter 1001, Education Code, | ||
is amended by adding Sections 1001.2531, 1001.2532, 1001.2533, and | ||
1001.2534, to read as follows: | ||
Sec. 1001.2531. DRIVER EDUCATION INSTRUCTOR REQUIREMENTS. | ||
(a) The commission by rule shall establish standards for a driver | ||
education instructor to be certified as a teaching assistant, | ||
driver education teacher, or supervising teacher. | ||
(b) An applicant for a driver education instructor license | ||
under this section must: | ||
(1) apply to the department on a form prescribed by the | ||
department and under rules adopted by the commission; | ||
(2) submit with the application a nonrefundable | ||
application fee in an amount set by commission rule; and | ||
(3) present satisfactory evidence to the department | ||
that the applicant: | ||
(A) is at least 21 years of age; | ||
(B) holds a high school diploma or high school | ||
equivalency certificate; and | ||
(C) meets any other requirement established by | ||
commission rule. | ||
Sec. 1001.2532. TEACHING ASSISTANT. (a) A teaching | ||
assistant is a driver education instructor who is authorized to | ||
teach or provide only behind-the-wheel training. | ||
(b) To be eligible to be certified as a teaching assistant, | ||
a driver education instructor must: | ||
(1) have successfully completed: | ||
(A) six semester hours of driver and traffic | ||
safety education from an accredited college or university; or | ||
(B) a teaching assistant development course | ||
approved by the department; and | ||
(2) pass any required examination. | ||
Sec. 1001.2533. DRIVER EDUCATION TEACHER. (a) A driver | ||
education teacher is a driver education instructor who is | ||
authorized to teach or provide behind-the-wheel training and | ||
classroom training. | ||
(b) To be eligible to be certified as a driver education | ||
teacher, a driver education instructor must: | ||
(1) have successfully completed: | ||
(A) nine semester hours of driver and traffic | ||
safety education from an accredited college or university; or | ||
(B) a driver education teacher development | ||
course approved by the department; | ||
(2) pass any required examination; and | ||
(3) comply with the additional requirements under | ||
Section 1001.2535. | ||
Sec. 1001.2534. SUPERVISING TEACHER. (a) A supervising | ||
teacher is an instructor who is authorized to teach instructor | ||
training classes. | ||
(b) To be eligible to be certified as a supervising teacher, | ||
a driver education instructor must: | ||
(1) have been certified as a driver education teacher | ||
for at least one year; and | ||
(2) have successfully completed: | ||
(A) 15 semester hours of driver and traffic | ||
safety education from an accredited college or university; or | ||
(B) a supervising teacher development course | ||
approved by the department; and | ||
(3) must have: | ||
(A) a teaching certificate and any additional | ||
certification required by commission rule to teach driver | ||
education; | ||
(B) completed 15 semester hours in education | ||
courses at an accredited college or university during the 10 years | ||
before the application date; or | ||
(C) obtained an associate or baccalaureate | ||
degree in education from an accredited college or university. | ||
(c) The commission, department, or executive director may | ||
adopt an alternative method to determine or verify an instructor's | ||
eligibility under Subsection (b). | ||
SECTION 1.005. Subchapter H, Chapter 1001, Education Code, | ||
is amended by adding Section 1001.3542 to read as follows: | ||
Sec. 1001.3542. METHOD OF INSTRUCTION FOR DRIVER EDUCATION | ||
COURSE. A driver education school may teach a driver education | ||
course by any method approved by the department, including an | ||
alternative method under Section 1001.3541 or a traditional method | ||
under Subchapter C. | ||
SECTION 1.006. The following provisions of the Education | ||
Code are repealed: | ||
(1) Sections 1001.253, 1001.254, and 1001.256; and | ||
(2) Section 1001.3541(b). | ||
SECTION 1.007. (a) As soon as practicable after the | ||
effective date of this Act, the Texas Commission on Licensing and | ||
Regulation shall adopt rules to implement Section 1001.204(b), | ||
Education Code, as amended by this article, and Section 1001.2531, | ||
Education Code, as added by this article. | ||
(b) A driver education instructor license issued under | ||
Section 1001.253, Education Code, before the repeal of that section | ||
by this article, continues to be valid until the license expires, | ||
and former Section 1001.253, Education Code, is continued in effect | ||
for that purpose. | ||
(c) A person who holds on the effective date of this Act a | ||
driver education instructor license described by former Section | ||
1001.253(b), Education Code, is entitled on expiration of that | ||
license to issuance of a driver education instructor license | ||
certified as a teaching assistant under Section 1001.2532, | ||
Education Code, as added by this article, if the person otherwise | ||
meets the requirements for renewal of a driver education instructor | ||
license certified as a teaching assistant. | ||
(d) A person who holds on the effective date of this Act a | ||
driver education instructor license described by former Section | ||
1001.253(c), Education Code, is entitled on expiration of that | ||
license to issuance of a driver education instructor license | ||
certified as a driver education teacher under Section 1001.2533, | ||
Education Code, as added by this article, if the person otherwise | ||
meets the requirements for renewal of a driver education instructor | ||
license certified as a driver education teacher. | ||
(e) A person who holds on the effective date of this Act a | ||
driver education instructor license described by former Section | ||
1001.253(e), Education Code, is entitled on expiration of that | ||
license to issuance of a driver education instructor license | ||
certified as a supervising teacher under Section 1001.2534, | ||
Education Code, as added by this article, if the person otherwise | ||
meets the requirements for renewal of a driver education instructor | ||
license certified as a supervising teacher. | ||
(f) The changes in law made by this article do not affect the | ||
validity of a disciplinary action or other proceeding that was | ||
initiated before the effective date of this Act and that is pending | ||
before a court or other governmental entity on the effective date of | ||
this Act. | ||
(g) Sections 1001.2531, 1001.2532, 1001.2533, and | ||
1001.2534, Education Code, as added by this article, apply only to | ||
an application for, or renewal of, an instructor license submitted | ||
to the Texas Department of Licensing and Regulation on or after the | ||
effective date of this Act. An application submitted before that | ||
date is governed by the law in effect when the application was | ||
submitted, and the former law is continued in effect for that | ||
purpose. | ||
ARTICLE 2. BOILERS | ||
SECTION 2.001. Section 755.029(c), Health and Safety Code, | ||
is amended to read as follows: | ||
(c) A certificate of operation must be posted [ |
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in a conspicuous place on or near the boiler for which it is issued. | ||
ARTICLE 3. MOLD | ||
SECTION 3.001. Section 544.303, Insurance Code, is amended | ||
to read as follows: | ||
Sec. 544.303. PROHIBITION OF CERTAIN UNDERWRITING | ||
DECISIONS BASED ON PREVIOUS MOLD CLAIM OR DAMAGE. An insurer may | ||
not make an underwriting decision regarding a residential property | ||
insurance policy based on previous mold damage or a claim for mold | ||
damage if: | ||
(1) the applicant for insurance coverage has property | ||
eligible for coverage under a residential property policy; | ||
(2) the property has had mold damage; | ||
(3) mold remediation has been performed on the | ||
property; and | ||
(4) the property was [ |
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assessor, adjuster, or person or entity experienced in the | ||
remediation of mold damage, as prescribed by the department, [ |
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property does not contain evidence of mold damage. | ||
SECTION 3.002. Chapter 1958, Occupations Code, is repealed. | ||
SECTION 3.003. (a) On the effective date of this Act: | ||
(1) a license or registration issued under former | ||
Chapter 1958, Occupations Code, expires; and | ||
(2) an action, including a complaint investigation, | ||
disciplinary action, or administrative penalty proceeding pending | ||
before the Texas Department of Licensing and Regulation relating to | ||
an alleged violation of former Chapter 1958, Occupations Code, is | ||
dismissed. | ||
(b) As soon as practicable after the effective date of this | ||
Act, the Texas Commission of Licensing and Regulation shall repeal | ||
all rules regarding the regulation of mold assessors and | ||
remediators adopted under former Chapter 1958, Occupations Code. | ||
(c) An administrative penalty assessed by the Texas | ||
Commission of Licensing and Regulation or the executive director of | ||
the Texas Department of Licensing and Regulation related to a | ||
violation of former Chapter 1958, Occupations Code, before the | ||
effective date of this Act, may be collected as provided by Chapter | ||
51, Occupations Code. | ||
(d) A mold remediation initiated before the effective date | ||
of this Act is governed by former Section 1958.154, Occupations | ||
Code, as that section existed immediately before the effective date | ||
of this Act, and the former law is continued in effect for that | ||
purpose. A person who held on the effective date of this Act a mold | ||
assessment or mold remediation license under former Chapter 1958, | ||
Occupations Code, may sign and provide a certificate of mold | ||
remediation after the effective date of this Act for a mold | ||
remediation initiated before the effective date of this Act. | ||
(e) The change in law made by this article applies only to a | ||
contract entered into or renewed on or after the effective date of | ||
this Act. A contract entered into or renewed before the effective | ||
date of this Act is governed by the law in effect immediately before | ||
the effective date of this Act, and that law is continued in effect | ||
for that purpose. | ||
(f) As soon as practicable after the effective date of this | ||
Act, the commissioner of insurance shall adopt rules required by | ||
Section 544.303, Insurance Code, as amended by this article. | ||
ARTICLE 4. AUDIOLOGISTS | ||
SECTION 4.001. Section 401.403(b), Occupations Code, is | ||
amended to read as follows: | ||
(b) A person who holds a license [ |
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and who fits and dispenses hearing instruments must: | ||
(1) [ |
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related to fitting and dispensing hearing instruments [ |
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(2) [ |
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Administration guidelines for fitting and dispensing hearing | ||
instruments; | ||
(3) [ |
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written contract that contains the department's name, mailing | ||
address, [ |
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(4) [ |
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rule for a 30-day trial period on every hearing instrument | ||
purchased. | ||
ARTICLE 5. ORTHOTIC AND PROSTHETIC TECHNICIANS | ||
SECTION 5.001. The following provisions of the Occupations | ||
Code are repealed: | ||
(1) Sections 605.002(19), (20), and (21); and | ||
(2) Section 605.259. | ||
SECTION 5.002. (a) On the effective date of this Act, a | ||
registered orthotic technician or registered prosthetic technician | ||
certificate issued under former Section 605.259, Occupations Code, | ||
expires. | ||
(b) As soon as practicable after the effective date of this | ||
Act, the Texas Commission of Licensing and Regulation shall repeal | ||
all rules regarding the regulation of orthotic and prosthetic | ||
technicians adopted under Chapter 605, Occupations Code. | ||
SECTION 5.003. The change in law made by this article does | ||
not affect the validity of a proceeding pending before a court or | ||
other governmental entity on the effective date of this Act. | ||
ARTICLE 6. DIETITIANS | ||
SECTION 6.001. Section 701.151(b), Occupations Code, is | ||
amended to read as follows: | ||
(b) The commission or the department, as appropriate, | ||
shall: | ||
(1) [ |
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(2) [ |
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applicants for licenses, including renewed and reciprocal | ||
licenses; | ||
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(3) [ |
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assistance from state educational institutions or other state | ||
agencies. | ||
SECTION 6.002. Sections 701.155 and 701.353, Occupations | ||
Code, are repealed. | ||
ARTICLE 7. USED AUTOMOTIVE PARTS RECYCLERS | ||
SECTION 7.001. Section 2309.102(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) The commission shall adopt rules for licensing used | ||
automotive parts recyclers [ |
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SECTION 7.002. The heading to Section 2309.106, Occupations | ||
Code, is amended to read as follows: | ||
Sec. 2309.106. PERIODIC [ |
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SECTION 7.003. The following provisions of the Occupations | ||
Code are repealed: | ||
(1) Sections 2309.106(c) and (d), and | ||
(2) Section 2309.154. | ||
ARTICLE 8. EFFECTIVE DATE | ||
SECTION 8.001. This Act takes effect September 1, 2019. |