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
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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 [at
  a primary or branch location] in driver education or driver
  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 [by an alternative
  method of instruction under Section 1001.3541].
         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 [executive director], the application is
  accompanied by [includes] the fee, and the department determines
  [on inspection of the premises of the school, it is determined] that
  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; [and]
               (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 [under glass]
  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, [or a state agency] rule, ordinance, regulation, or policy
  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  [57.002].  REQUIREMENTS FOR GOVERNING BOARD
  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) [or (d)], other than a patient who:
               (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 [(b), (d), or] (f) of this section, Section 202.2031, or
  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 [Not later than the 15th day after the date the
  complaint is filed with the department, the] department shall
  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[:
                     [(A)  a felony;
                     [(B)  a crime that involves moral turpitude; or
                     [(C)]  an offense under Section 202.606;
               (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 [commission by rule] shall develop a
  system to identify and monitor a podiatrist's compliance with this
  chapter and any [. The system must include:
               [(1)     procedures for determining whether a podiatrist
  is in compliance with an] order issued by the commission or
  executive director under this chapter [; and
               [(2)     a method of identifying and monitoring each
  podiatrist who represents a risk to the public].
         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 [meets the requirements of
  this chapter for licensing] as an audiologist or audiologist intern
  and who fits and dispenses hearing instruments must:
               (1)  [register with the department the person's
  intention to fit and dispense hearing instruments;
               [(2)]  comply with rules adopted under this chapter
  related to fitting and dispensing hearing instruments [the
  profession's code of ethics];
               (2) [(3)]  comply with the federal Food and Drug
  Administration guidelines for fitting and dispensing hearing
  instruments;
               (3) [(4)]  when providing services in this state, use a
  written contract that contains the department's name, mailing
  address, [and] telephone number, and Internet website address; and
               (4) [(5)]  follow the guidelines adopted by commission
  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)  [adopt an official seal;
               [(2)] adopt and publish a code of ethics;
               (2) [(3)]  establish the qualifications and fitness of
  applicants for licenses, including renewed and reciprocal
  licenses;
               [(4) revoke, suspend, or deny a license, probate a
  license suspension, or reprimand a license holder for a violation
  of this chapter, a rule adopted under this chapter, or the code of
  ethics;] and
               (3) [(5)]  request and receive any necessary
  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) 
  [1602.002(a)(5)], (7), (8), (9), [and] (10), and (11).
         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) [(9)].
         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),
  [or] (10), or (11) is performed.
  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 [and used automotive parts employees].
         SECTION 10.002.  The heading to Section 2309.106,
  Occupations Code, is amended to read as follows:
         Sec. 2309.106.  PERIODIC [AND RISK-BASED] INSPECTIONS.
         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.