Bill Text: TX HB2847 | 2019-2020 | 86th Legislature | Comm Sub
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-Comm_Sub.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-Comm_Sub.html
86R24810 SOS-F | |||
By: Goldman | H.B. No. 2847 | ||
Substitute the following for H.B. No. 2847: | |||
By: Goldman | C.S.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: | ||
ARTICLE 1. DRIVER EDUCATION | ||
SECTION 1.001. 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; and | ||
(2) pass any required examination. | ||
Sec. 1001.2534. SUPERVISING TEACHER. (a) A supervising | ||
teacher is a driver education 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 have: | ||
(1) been certified as a driver education teacher for | ||
at least one year; | ||
(2) 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) obtained or successfully completed, as | ||
applicable, at least one of the following: | ||
(A) a teaching certificate and any additional | ||
certification required by commission rule to teach driver | ||
education; | ||
(B) 15 semester hours in education courses at an | ||
accredited college or university during the 10 years before the | ||
application date; or | ||
(C) 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 of 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. LASER HAIR REMOVAL | ||
SECTION 2.001. Subchapter M, Chapter 401, Health and Safety | ||
Code, is amended by adding Section 401.509 to read as follows: | ||
Sec. 401.509. CONTINUING EDUCATION. The commission by rule | ||
shall establish continuing education requirements for renewal of a | ||
certificate under this subchapter. | ||
SECTION 2.002. As soon as practicable after the effective | ||
date of this Act, the Texas Commission of Licensing and Regulation | ||
shall adopt the rules necessary to implement Section 401.509, | ||
Health and Safety Code, as added by this article. | ||
ARTICLE 3. BOILERS | ||
SECTION 3.001. 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 4. GENERAL PROVISIONS RELATING TO LICENSING | ||
SECTION 4.001. Subchapter E, Chapter 51, Occupations Code, | ||
is amended by adding Section 51.254 to read as follows: | ||
Sec. 51.254. CONFIDENTIALITY OF COMPLAINT AND DISCIPLINARY | ||
INFORMATION. (a) In this section, unless the context requires | ||
otherwise: | ||
(1) "Disciplinary action" includes, with respect to | ||
any person subject to regulation by the department or the | ||
commission: | ||
(A) enforcement activity, prosecution, | ||
discipline, or penalization; and | ||
(B) any related complaint, investigation, or | ||
resolution of a complaint or investigation. | ||
(2) "Patient" includes: | ||
(A) a patient; | ||
(B) a client; and | ||
(C) an authorized representative of a patient or | ||
client. | ||
(b) This section applies only to the following professions: | ||
(1) athletic trainers regulated under Chapter 451; | ||
(2) behavior analysts regulated under Chapter 506; | ||
(3) dietitians regulated under Chapter 701; | ||
(4) dyslexia practitioners and dyslexia therapists | ||
regulated under Chapter 403; | ||
(5) hearing instrument fitters and dispensers | ||
regulated under Chapter 402; | ||
(6) massage therapists regulated under Chapter 455; | ||
(7) midwives regulated under Chapter 203; | ||
(8) orthotists and prosthetists regulated under | ||
Chapter 605; | ||
(9) podiatrists regulated under Chapter 202; and | ||
(10) speech-language pathologists and audiologists | ||
regulated under Chapter 401. | ||
(c) Except as otherwise provided by this section, a | ||
complaint and investigation concerning a person to whom this | ||
section applies and all information and materials subpoenaed or | ||
compiled by the department in connection with the complaint and | ||
investigation are confidential and not subject to: | ||
(1) disclosure under Chapter 552, Government Code; or | ||
(2) disclosure, discovery, subpoena, or other means of | ||
legal compulsion for their release to any person. | ||
(d) A complaint or investigation subject to this section and | ||
all information and materials subpoenaed or compiled by the | ||
department in connection with the complaint and investigation may | ||
be disclosed to: | ||
(1) persons involved with the department in a | ||
disciplinary action; | ||
(2) a respondent or the respondent's authorized | ||
representative; | ||
(3) a governmental agency, if: | ||
(A) the disclosure is required or permitted by | ||
law; and | ||
(B) the agency obtaining the disclosure protects | ||
the identity of any patient whose records are examined; | ||
(4) a professional licensing, credentialing, or | ||
disciplinary entity in another jurisdiction; | ||
(5) a peer assistance program approved by the | ||
commission under Chapter 467, Health and Safety Code, including a | ||
properly established peer assistance program in another | ||
jurisdiction; | ||
(6) a peer review committee reviewing a license | ||
holder's application for privileges or the license holder's | ||
qualifications related to retaining the privileges; | ||
(7) a law enforcement agency; and | ||
(8) a person engaged in bona fide research, if all | ||
individual-identifying information has been deleted. | ||
(e) Notwithstanding any other provision of this section, if | ||
a department investigation would be jeopardized by the release or | ||
disclosure, the department may temporarily withhold or otherwise | ||
refrain from releasing or disclosing to any person any information | ||
or materials that the department would otherwise be required to | ||
release or disclose. | ||
(f) The department may not be compelled to release or | ||
disclose complaint and investigation information or materials to a | ||
person listed in Subsection (d) if the department has not issued a | ||
notice of alleged violation related to the information or | ||
materials. | ||
(g) The department may release or disclose complaint and | ||
investigation information or materials in accordance with | ||
Subsection (d) at any stage of a disciplinary action. | ||
(h) The department shall protect the identity of any patient | ||
whose records are examined in connection with a disciplinary action | ||
against a license holder, other than a patient who: | ||
(1) initiates the disciplinary action; | ||
(2) is a witness in the disciplinary action; or | ||
(3) has submitted a written consent to release the | ||
records. | ||
(i) Notices of alleged violation issued by the department | ||
against respondents, disciplinary proceedings of the department, | ||
commission, or executive director, and final disciplinary actions, | ||
including warnings and reprimands, by the department, commission, | ||
or executive director are not confidential and are subject to | ||
disclosure in accordance with Chapter 552, Government Code. | ||
SECTION 4.002. Chapter 57, Occupations Code, is amended by | ||
designating Section 57.001 as Subchapter A and adding a subchapter | ||
heading to read as follows: | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
SECTION 4.003. Section 57.001, Occupations Code, is amended | ||
by amending Subdivision (1) and adding Subdivision (1-a) to read as | ||
follows: | ||
(1) "License" means a license, certificate, | ||
registration, permit, or other form of authorization required by | ||
law, [ |
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that must be obtained by an individual to engage in a particular | ||
business, occupation, or profession. | ||
(1-a) "Political subdivision" means a county, | ||
municipality, special district, or other political subdivision of | ||
this state. | ||
SECTION 4.004. Chapter 57, Occupations Code, is amended by | ||
adding Subchapter B, and a heading is added to that subchapter to | ||
read as follows: | ||
SUBCHAPTER B. GOVERNING BOARD MEMBERSHIP | ||
SECTION 4.005. Section 57.002, Occupations Code, is | ||
transferred to Subchapter B, Chapter 57, Occupations Code, as added | ||
by this Act, and redesignated as Section 57.051, Occupations Code, | ||
to read as follows: | ||
Sec. 57.051 [ |
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MEMBERSHIP. A person may not be required to be a member of a private | ||
trade association as a precondition to serving as a member of the | ||
governing board of a state agency that issues a license or otherwise | ||
regulates a business, occupation, or profession. | ||
SECTION 4.006. Chapter 57, Occupations Code, is amended by | ||
adding Subchapter C to read as follows: | ||
SUBCHAPTER C. LOCAL LICENSING AGENCIES | ||
Sec. 57.101. PROHIBITION ON CERTAIN LOCAL LICENSING | ||
REQUIREMENTS. (a) Notwithstanding any other law, if an individual | ||
is required to possess a license issued by a state agency to engage | ||
in an occupation, a political subdivision may not adopt or enforce | ||
any ordinance, order, rule, regulation, law, or policy that | ||
requires the individual to: | ||
(1) possess a license issued by the political | ||
subdivision to engage in that occupation; or | ||
(2) meet any other requirement or precondition to | ||
engage in that occupation. | ||
(b) An ordinance, order, rule, regulation, law, or policy | ||
that violates Subsection (a) is void and unenforceable. | ||
SECTION 4.007. Section 202.2032(c), Occupations Code, is | ||
amended to read as follows: | ||
(c) Notwithstanding any confidentiality requirements under | ||
Chapter 552, Government Code, Chapter 51, or this chapter, a | ||
complaint filed with the department by an insurance agent, insurer, | ||
pharmaceutical company, or third-party administrator against a | ||
license holder must include the name and address of the insurance | ||
agent, insurer, pharmaceutical company, or third-party | ||
administrator filing the complaint. | ||
SECTION 4.008. Section 202.404(e), Occupations Code, is | ||
amended to read as follows: | ||
(e) The department shall protect the identity of a patient | ||
whose podiatric records are examined or provided under Subsection | ||
(c) [ |
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(1) is covered under Subsection (a)(1); or | ||
(2) has submitted written consent to the release of | ||
the patient's podiatric records as provided by Section 202.406. | ||
SECTION 4.009. Section 202.509(g), Occupations Code, is | ||
amended to read as follows: | ||
(g) The department's disclosure of information under | ||
Subsection [ |
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Section 202.2032 does not constitute a waiver of privilege or | ||
confidentiality under this chapter or any other law. | ||
SECTION 4.010. The following provisions of the Occupations | ||
Code are repealed: | ||
(1) Section 202.404(d); | ||
(2) Sections 202.509(a), (b), (c), (d), and (h); | ||
(3) Section 401.2535; | ||
(4) Section 402.154; | ||
(5) Section 451.110; | ||
(6) Section 506.202; | ||
(7) Subchapter E, Chapter 605; and | ||
(8) Subchapter E, Chapter 701. | ||
SECTION 4.011. The changes in law made by this article apply | ||
to a disciplinary action initiated before the effective date of | ||
this Act that has not resulted in a final order issued on or before | ||
the effective date of this Act and to a disciplinary action | ||
initiated on or after the effective date of this Act. | ||
ARTICLE 5. PODIATRY | ||
SECTION 5.001. Section 202.2032(d), Occupations Code, is | ||
amended to read as follows: | ||
(d) The [ |
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notify the license holder who is the subject of the complaint of the | ||
name and address of the insurance agent, insurer, pharmaceutical | ||
company, or third-party administrator who filed the complaint, | ||
unless the notice would jeopardize an investigation. | ||
SECTION 5.002. Subchapter E, Chapter 202, Occupations Code, | ||
is amended by adding Section 202.204 to read as follows: | ||
Sec. 202.204. EXPERT WITNESS. (a) In this section, "expert | ||
witness" means a podiatrist or other qualified individual with whom | ||
the department contracts to assist the department with reviewing, | ||
investigating, or prosecuting complaints filed under this chapter. | ||
(b) The department may contract with an expert witness to | ||
assist the department with reviewing, investigating, or | ||
prosecuting a complaint filed under this chapter. | ||
(c) Except for an act by an expert witness involving fraud, | ||
conspiracy, or malice, an expert witness is immune from liability | ||
and may not be subject to a suit for damages for any act arising from | ||
the performance of the expert witness's duties in: | ||
(1) participating in an informal conference to | ||
determine the facts of a complaint; | ||
(2) evaluating evidence in a complaint and offering an | ||
opinion or technical guidance on an alleged violation of this | ||
chapter or a rule adopted under this chapter; | ||
(3) testifying at a hearing regarding a complaint; or | ||
(4) making an evaluation, report, or recommendation | ||
regarding a complaint. | ||
SECTION 5.003. Section 202.253(a-1), Occupations Code, is | ||
amended to read as follows: | ||
(a-1) The commission or department may refuse to admit a | ||
person to an examination, and may refuse to issue a license to | ||
practice podiatry to a person, for: | ||
(1) presenting a license, certificate, or diploma that | ||
was illegally or fraudulently obtained or engaging in fraud or | ||
deception in passing the examination; | ||
(2) being convicted of[ |
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(3) engaging in habits of intemperance or drug | ||
addiction that in the department's opinion would endanger the | ||
health, well-being, or welfare of patients; | ||
(4) engaging in grossly unprofessional or | ||
dishonorable conduct of a character that in the department's | ||
opinion is likely to deceive or defraud the public; | ||
(5) directly or indirectly violating or attempting to | ||
violate this chapter or a rule adopted under this chapter as a | ||
principal, accessory, or accomplice; | ||
(6) using any advertising statement of a character | ||
tending to mislead or deceive the public; | ||
(7) advertising professional superiority or the | ||
performance of professional service in a superior manner; | ||
(8) purchasing, selling, bartering, or using or | ||
offering to purchase, sell, barter, or use a podiatry degree, | ||
license, certificate, diploma, or a transcript of a license, | ||
certificate, or diploma, in or incident to an application for a | ||
license to practice podiatry; | ||
(9) altering, with fraudulent intent, a podiatry | ||
license, certificate, diploma, or a transcript of a podiatry | ||
license, certificate, or diploma; | ||
(10) using a podiatry license, certificate, or | ||
diploma, or a transcript of a podiatry license, certificate, or | ||
diploma, that has been fraudulently purchased, issued, | ||
counterfeited, or materially altered; | ||
(11) impersonating, or acting as proxy for, another | ||
person in a podiatry license examination; | ||
(12) impersonating a license holder, or permitting | ||
another person to use the license holder's license to practice | ||
podiatry in this state, to treat or offer to treat, by any method, | ||
conditions and ailments of human feet; | ||
(13) directly or indirectly employing a person whose | ||
license to practice podiatry has been suspended or associating in | ||
the practice of podiatry with a person whose license to practice | ||
podiatry has been suspended or who has been convicted of the | ||
unlawful practice of podiatry in this state or elsewhere; | ||
(14) wilfully making in the application for a license | ||
to practice podiatry a material misrepresentation or material | ||
untrue statement; | ||
(15) being unable to practice podiatry with reasonable | ||
skill and safety to a patient because of age, illness, drunkenness, | ||
or excessive use of drugs, narcotics, chemicals, or other | ||
substances or as a result of a mental or physical condition; | ||
(16) failing to practice podiatry in an acceptable | ||
manner consistent with public health and welfare; | ||
(17) being removed, suspended, or disciplined in | ||
another manner by the podiatrist's peers in a professional podiatry | ||
association or society, whether local, regional, state, or national | ||
in scope, or being disciplined by a licensed hospital or the medical | ||
staff of a hospital, including removal, suspension, limitation of | ||
hospital privileges, or other disciplinary action, if the | ||
commission or department determines that the action was: | ||
(A) based on unprofessional conduct or | ||
professional incompetence likely to harm the public; and | ||
(B) appropriate and reasonably supported by | ||
evidence submitted to the association, society, hospital, or | ||
medical staff; or | ||
(18) having repeated or recurring meritorious health | ||
care liability claims filed against the podiatrist that in the | ||
commission's or department's opinion are evidence of professional | ||
incompetence likely to injure the public. | ||
SECTION 5.004. Section 202.602(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) The department [ |
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system to identify and monitor a podiatrist's compliance with this | ||
chapter and any [ |
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[ |
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executive director under this chapter [ |
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[ |
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SECTION 5.005. Sections 202.2025 and 202.6011, Occupations | ||
Code, are repealed. | ||
SECTION 5.006. Section 202.2032, Occupations Code, as | ||
amended by this article, applies only to a complaint filed under | ||
Chapter 202, Occupations Code, on or after the effective date of | ||
this Act. A complaint filed before the effective date of this Act | ||
is governed by the law in effect on the date the complaint was | ||
filed, and the former law is continued in effect for that purpose. | ||
SECTION 5.007. Section 202.253(a-1), Occupations Code, as | ||
amended by this article, applies only to a conviction that occurs on | ||
or after the effective date of this Act. A conviction that occurs | ||
before the effective date of this Act is governed by the law in | ||
effect on the date the conviction occurred, and the former law is | ||
continued in effect for that purpose. | ||
ARTICLE 6. AUDIOLOGISTS | ||
SECTION 6.001. 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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[ |
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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 7. ORTHOTIC AND PROSTHETIC TECHNICIANS | ||
SECTION 7.001. The following provisions of the Occupations | ||
Code are repealed: | ||
(1) Sections 605.002(19), (20), and (21); and | ||
(2) Section 605.259. | ||
SECTION 7.002. (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 7.003. 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 8. DIETITIANS | ||
SECTION 8.001. 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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assistance from state educational institutions or other state | ||
agencies. | ||
SECTION 8.002. Sections 701.155 and 701.353, Occupations | ||
Code, are repealed. | ||
ARTICLE 9. COSMETOLOGISTS | ||
SECTION 9.001. Section 1602.255(c), Occupations Code, is | ||
amended to read as follows: | ||
(c) The commission shall adopt rules for the licensing of | ||
specialty instructors to teach specialty courses in the practice of | ||
cosmetology defined in Sections 1602.002(a)(2), (4), (5), (6) | ||
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SECTION 9.002. Section 1602.261(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) A person holding a manicurist/esthetician specialty | ||
license may perform only the practice of cosmetology defined in | ||
Sections 1602.002(a)(4) through (10) [ |
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SECTION 9.003. Section 1602.305(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) A person holding a specialty shop license may maintain | ||
an establishment in which only the practice of cosmetology as | ||
defined in Section 1602.002(a)(2), (4), (5), (6), (7), (8), (9), | ||
[ |
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ARTICLE 10. USED AUTOMOTIVE PARTS RECYCLERS | ||
SECTION 10.001. 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 10.002. The heading to Section 2309.106, | ||
Occupations Code, is amended to read as follows: | ||
Sec. 2309.106. PERIODIC [ |
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SECTION 10.003. The following provisions of the Occupations | ||
Code are repealed: | ||
(1) Sections 2309.106(c) and (d); and | ||
(2) Section 2309.154. | ||
SECTION 10.004. (a) On the effective date of this Act, a | ||
used automotive parts employee license issued under former Section | ||
2309.154, 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 used automotive parts | ||
employees adopted under Chapter 2309, Occupations Code. | ||
SECTION 10.005. (a) The change in law made by this article | ||
to Chapter 2309, Occupations Code, does not affect the validity of a | ||
proceeding pending before a court or other governmental entity on | ||
the effective date of this Act. | ||
(b) An offense or other violation of law committed before | ||
the effective date of this Act is governed by the law in effect when | ||
the offense or violation was committed, and the former law is | ||
continued in effect for that purpose. For purposes of this | ||
subsection, an offense or violation was committed before the | ||
effective date of this Act if any element of the offense or | ||
violation occurred before that date. | ||
ARTICLE 11. EFFECTIVE DATE | ||
SECTION 11.001. This Act takes effect September 1, 2019. |