Bill Text: TX HB2847 | 2019-2020 | 86th Legislature | Engrossed
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-Engrossed.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-Engrossed.html
By: Goldman | H.B. No. 2847 |
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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. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. EXCESS WEAR AND USE WAIVERS FOR LEASES OF MOTOR VEHICLES | ||
SECTION 1.001. Subtitle B, Title 5, Business & Commerce | ||
Code, is amended by adding Chapter 94 to read as follows: | ||
CHAPTER 94. EXCESS WEAR AND USE WAIVERS FOR LEASES OF MOTOR | ||
VEHICLES | ||
Sec. 94.001. DEFINITIONS. In this chapter: | ||
(1) "Excess wear and use waiver" means a provision of | ||
or addendum to a lease agreement under which the lessor agrees to | ||
not hold a lessee liable for all or part of the excess wear and use | ||
to a motor vehicle. | ||
(2) "Lease agreement" means an agreement, including | ||
any addendum to the agreement, entered into in this state under | ||
which a lessee pays a fee or other consideration to a lessor for the | ||
right to possession and use of a motor vehicle for a term of more | ||
than 180 days, regardless of whether the agreement provides the | ||
lessee an option to purchase or otherwise become the owner of the | ||
motor vehicle upon the expiration of the term of the agreement. | ||
(3) "Lessee" means an individual who acquires the | ||
right to possession and use of a motor vehicle under a lease | ||
agreement primarily for personal, family, or household purposes. | ||
(4) "Lessor" means a person who, in the ordinary | ||
course of business, regularly leases, offers to lease, or arranges | ||
for the lease of a motor vehicle under a lease agreement. Unless | ||
the context clearly indicates otherwise, the term includes an | ||
assignee of the lessor. | ||
(5) "Motor vehicle" has the meaning assigned by | ||
Section 541.201, Transportation Code. | ||
Sec. 94.002. CONTRACT FOR EXCESS WEAR AND USE WAIVER. A | ||
lessee may contract with a lessor for an excess wear and use waiver | ||
in connection with a lease agreement. | ||
Sec. 94.003. RESTRICTIONS ON LESSOR CONCERNING EXCESS WEAR | ||
AND USE WAIVER. A lessor may not: | ||
(1) sell an excess wear and use waiver, unless: | ||
(A) the lease agreement containing the excess | ||
wear and use waiver complies with this chapter; and | ||
(B) the lessee agrees to the excess wear and use | ||
waiver in writing; or | ||
(2) impose or require the purchase of an excess wear | ||
and use waiver as a condition of entering into a lease agreement. | ||
Sec. 94.004. REQUIRED NOTICE. An excess wear and use waiver | ||
must be in writing and include a notice substantially similar to the | ||
following: | ||
"This excess wear and use waiver is optional, is not a | ||
condition of leasing the vehicle, and is being provided for an | ||
additional charge to cover your responsibility for any excess wear | ||
and use to the leased vehicle." | ||
Sec. 94.005. REQUIRED DISCLOSURES. A lease agreement that | ||
includes an excess wear and use waiver must disclose: | ||
(1) the total charge for the excess wear and use | ||
waiver; and | ||
(2) any exclusions or limitations on the amount of | ||
excess wear and use that may be waived under the excess wear and use | ||
waiver. | ||
Sec. 94.006. RELATIONSHIP TO INSURANCE. An excess wear and | ||
use waiver is not insurance. | ||
Sec. 94.007. CIVIL PENALTY. A lessor that violates this | ||
chapter is liable for a civil penalty in an amount of not less than | ||
$500 or more than $1,000 for each violation. | ||
Sec. 94.008. INJUNCTIVE RELIEF. A person injured or | ||
threatened with injury by a violation of this chapter may seek | ||
injunctive relief against the person committing or threatening to | ||
commit the violation. | ||
Sec. 94.009. SUIT FOR CIVIL PENALTY OR INJUNCTIVE RELIEF. | ||
The attorney general or a county or district attorney may bring an | ||
action in the name of the state for a civil penalty under Section | ||
94.007, injunctive relief under Section 94.008, or both. | ||
SECTION 1.002. The change in law made by this article | ||
applies only to a lease agreement entered into on or after the | ||
effective date of this Act. A lease agreement entered into before | ||
the effective date of this Act is governed by the law in effect on | ||
the date the lease agreement was entered into, and the former law is | ||
continued in effect for that purpose. | ||
ARTICLE 2. DRIVER EDUCATION | ||
SECTION 2.001. 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 2.002. 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 2.003. 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 2.004. Subchapter F, Chapter 1001, Education Code, | ||
is amended by adding Sections 1001.2531, 1001.2532, 1001.2533, | ||
1001.2534, and 1001.2535 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; and | ||
(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. | ||
(c) The commission, department, or executive director may | ||
adopt an alternative method to determine or verify an instructor's | ||
eligibility under Subsection (b). | ||
Sec. 1001.2535. DEVELOPMENT COURSE FOR TEACHING ASSISTANT, | ||
DRIVER EDUCATION TEACHER, OR SUPERVISING TEACHER. The classroom | ||
portion of a development course required for certification as a | ||
teaching assistant, driver education teacher, or supervising | ||
teacher may be completed online. | ||
SECTION 2.005. 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 2.006. 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 2.007. (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 3. LASER HAIR REMOVAL | ||
SECTION 3.001. 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 3.002. 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 4. PHARMACISTS | ||
SECTION 4.001. Section 481.075(i), Health and Safety Code, | ||
is amended to read as follows: | ||
(i) Each dispensing pharmacist shall: | ||
(1) fill in on the official prescription form or note | ||
in the electronic prescription record each item of information | ||
given orally to the dispensing pharmacy under Subsection (h) and | ||
the date the prescription is filled, and: | ||
(A) for a written prescription, fill in the | ||
dispensing pharmacist's signature; or | ||
(B) for an electronic prescription, | ||
appropriately record the identity of the dispensing pharmacist in | ||
the electronic prescription record; | ||
(2) retain with the records of the pharmacy for at | ||
least two years: | ||
(A) the official prescription form or the | ||
electronic prescription record, as applicable; and | ||
(B) the name or other patient identification | ||
required by Section 481.074(m) or (n); [ |
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(3) send all required information, including any | ||
information required to complete an official prescription form or | ||
electronic prescription record, to the board by electronic transfer | ||
or another form approved by the board not later than the next | ||
business day after the date the prescription is completely filled; | ||
and | ||
(4) if the pharmacy does not dispense any controlled | ||
substance prescriptions during a period of seven consecutive days, | ||
send a report to the board indicating that the pharmacy did not | ||
dispense any controlled substance prescriptions during that | ||
period, unless the pharmacy has obtained a waiver or permission to | ||
delay reporting to the board. | ||
SECTION 4.002. Sections 481.076(a) and (k), Health and | ||
Safety Code, are amended to read as follows: | ||
(a) The board may not permit any person to have access to | ||
information submitted to the board under Section 481.074(q) or | ||
481.075 except: | ||
(1) the board, the Texas Medical Board, the Texas | ||
Department of Licensing and Regulation, with respect to the | ||
regulation of podiatrists [ |
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Veterinary Medical Examiners, the Texas Board of Nursing, or the | ||
Texas Optometry Board for the purpose of: | ||
(A) investigating a specific license holder; or | ||
(B) monitoring for potentially harmful | ||
prescribing or dispensing patterns or practices under Section | ||
481.0762; | ||
(2) an authorized officer or member of the department | ||
or authorized employee of the board engaged in the administration, | ||
investigation, or enforcement of this chapter or another law | ||
governing illicit drugs in this state or another state; | ||
(3) the department on behalf of a law enforcement or | ||
prosecutorial official engaged in the administration, | ||
investigation, or enforcement of this chapter or another law | ||
governing illicit drugs in this state or another state; | ||
(4) a medical examiner conducting an investigation; | ||
(5) provided that accessing the information is | ||
authorized under the Health Insurance Portability and | ||
Accountability Act of 1996 (Pub. L. No. 104-191) and regulations | ||
adopted under that Act: | ||
(A) a pharmacist or a pharmacist-intern, | ||
pharmacy technician, or pharmacy technician trainee, as defined by | ||
Section 551.003, Occupations Code, acting at the direction of a | ||
pharmacist, who is inquiring about a recent Schedule II, III, IV, or | ||
V prescription history of a particular patient of the pharmacist; | ||
or | ||
(B) a practitioner who: | ||
(i) is a physician, dentist, veterinarian, | ||
podiatrist, optometrist, or advanced practice nurse or is a | ||
physician assistant described by Section 481.002(39)(D) or an | ||
employee or other agent of a practitioner acting at the direction of | ||
a practitioner; and | ||
(ii) is inquiring about a recent Schedule | ||
II, III, IV, or V prescription history of a particular patient of | ||
the practitioner; | ||
(6) a pharmacist or practitioner who is inquiring | ||
about the person's own dispensing or prescribing activity or a | ||
practitioner who is inquiring about the prescribing activity of an | ||
individual to whom the practitioner has delegated prescribing | ||
authority; or | ||
(7) one or more states or an association of states with | ||
which the board has an interoperability agreement, as provided by | ||
Subsection (j). | ||
(k) A person authorized to access information under | ||
Subsection (a)(4) or (5) who is registered with the board for | ||
electronic access to the information is entitled to directly access | ||
the information available from other states pursuant to an | ||
interoperability agreement described by Subsection (j). | ||
SECTION 4.003. Section 481.0766(a), Health and Safety Code, | ||
is amended to read as follows: | ||
(a) A wholesale distributor shall report to the board the | ||
distribution of all Schedules II, III, IV, and V controlled | ||
substances [ |
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state. The distributor shall report the information to the board in | ||
the same format and with the same frequency as the information is | ||
reported to the Federal Drug Enforcement Administration [ |
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SECTION 4.004. Section 481.353(a), Health and Safety Code, | ||
is amended to read as follows: | ||
(a) The work group shall meet when necessary as determined | ||
by the board [ |
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SECTION 4.005. Section 560.051(f), Occupations Code, is | ||
amended to read as follows: | ||
(f) A Class E pharmacy license or nonresident pharmacy | ||
license may be issued to a pharmacy located in another state whose | ||
primary business is to: | ||
(1) [ |
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a prescription drug order[ |
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including a patient in this state, by United States mail, common | ||
carrier, or delivery service; | ||
(2) process a prescription drug order for a patient, | ||
including a patient in this state; or | ||
(3) perform another pharmaceutical service, as | ||
defined by board rule. | ||
SECTION 4.006. The following provisions of the Occupations | ||
Code are repealed: | ||
(1) Sections 554.016, 556.0555, 560.001(c), 560.0525, | ||
561.003(f), 562.101(f-1), and 562.111; and | ||
(2) Subchapter E, Chapter 562. | ||
ARTICLE 5. BOILERS | ||
SECTION 5.001. 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 6. TEXAS DEPARTMENT OF LICENSING AND REGULATION | ||
SECTION 6.001. Section 51.2031(a-2), Occupations Code, is | ||
amended to read as follows: | ||
(a-2) For each rule proposed under Subsection (a-1), the | ||
commission shall either adopt the rule as proposed or return the | ||
rule to the advisory board for revision. The commission retains | ||
authority for final adoption of all rules and is responsible for | ||
ensuring compliance with all laws regarding the rulemaking process. | ||
[ |
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SECTION 6.002. 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, 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 6.003. 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 6.004. 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 6.005. 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 6.006. 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 6.007. 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 7. PODIATRY | ||
SECTION 7.001. Section 202.2032(d), Occupations Code, is | ||
amended to read as follows: | ||
(d) The [ |
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|
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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 7.002. 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, | ||
including an advisory board member under Section 202.051(a)(1), 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 7.003. 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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[ |
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[ |
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[ |
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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 7.004. Subchapter H, Chapter 202, Occupations Code, | ||
is amended by adding Section 202.354 to read as follows: | ||
Sec. 202.354. DELEGATION OF CERTAIN ACTS. (a) A podiatrist | ||
may delegate to a qualified and properly trained podiatric medical | ||
assistant acting under the podiatrist's supervision any podiatric | ||
medical act that a reasonable and prudent podiatrist would find | ||
within the scope of sound medical judgment to delegate if: | ||
(1) in the opinion of the delegating podiatrist, the | ||
medical act: | ||
(A) can be properly and safely performed by the | ||
podiatric medical assistant to whom the podiatric medical act is | ||
delegated; and | ||
(B) is performed in a customary manner and not in | ||
violation of any other statute; and | ||
(2) the podiatric medical assistant to whom the | ||
podiatric medical act is delegated does not represent to the public | ||
that the medical assistant is authorized to practice podiatry. | ||
(b) A delegating podiatrist is responsible for a podiatric | ||
medical act performed by the podiatric medical assistant to whom | ||
the podiatrist delegates the act. | ||
SECTION 7.005. 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 7.006. Subchapter D, Chapter 601, Occupations Code, | ||
is amended by adding Section 601.157 to read as follows: | ||
Sec. 601.157. PERSON SUPERVISED BY PODIATRIST. A person is | ||
not required to hold a certificate issued under this chapter to | ||
perform a radiologic procedure if: | ||
(1) the procedure is performed under the supervision | ||
of a podiatrist; and | ||
(2) the person: | ||
(A) is registered with the Texas Department of | ||
Licensing and Regulation to assist a podiatrist; and | ||
(B) complies with rules adopted under Section | ||
601.252(e). | ||
SECTION 7.007. Section 601.251, Occupations Code, is | ||
amended to read as follows: | ||
Sec. 601.251. APPLICABILITY. This subchapter applies to | ||
the: | ||
(1) Texas Board of Nursing; | ||
(2) Texas Board of Chiropractic Examiners; | ||
(3) State Board of Dental Examiners; | ||
(4) Texas Medical Board; | ||
(5) Texas Department of Licensing and Regulation, with | ||
respect to the department's authority to regulate podiatrists | ||
[ |
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(6) Texas Physician Assistant Board. | ||
SECTION 7.008. Section 601.252, Occupations Code, is | ||
amended by adding Subsections (e) and (f) to read as follows: | ||
(e) Rules adopted under this section by the Texas Commission | ||
of Licensing and Regulation must: | ||
(1) require an authorized person who performs | ||
radiologic procedures under the delegation of a podiatrist, other | ||
than a registered nurse, to register with the Texas Department of | ||
Licensing and Regulation; | ||
(2) establish reasonable and necessary fees to cover | ||
the administrative costs incurred by the Texas Department of | ||
Licensing and Regulation in administering a registration program | ||
created under this subsection; | ||
(3) establish grounds for the suspension, revocation, | ||
or nonrenewal of a registration issued under this subsection; and | ||
(4) establish standards for training and supervising | ||
the operators of the equipment. | ||
(f) In adopting rules under Subsection (e), the Texas | ||
Commission of Licensing and Regulation may take into account | ||
whether the radiologic procedure will be performed by a registered | ||
nurse. | ||
SECTION 7.009. Sections 202.2025 and 202.6011, Occupations | ||
Code, are repealed. | ||
SECTION 7.010. 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 7.011. 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. | ||
SECTION 7.012. To the extent of any conflict, Section | ||
601.251, Occupations Code, as amended by this article, prevails | ||
over another Act of the 86th Legislature, Regular Session, 2019, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
ARTICLE 8. MIDWIVES | ||
SECTION 8.001. Section 203.056, Occupations Code, is | ||
amended to read as follows: | ||
Sec. 203.056. PRESIDING OFFICER. The presiding officer of | ||
the commission shall designate a [ |
||
board to serve as the presiding officer of the advisory board to | ||
serve for a term of one year. The presiding officer of the advisory | ||
board may vote on any matter before the advisory board. | ||
SECTION 8.002. Section 203.152, Occupations Code, is | ||
repealed. | ||
SECTION 8.003. Section 203.056, Occupations Code, as | ||
amended by this article, does not affect the entitlement of a member | ||
of the Midwives Advisory Board who is serving as the presiding | ||
officer of the advisory board immediately before the effective date | ||
of this Act to continue to serve in that capacity for the remainder | ||
of the member's term as presiding officer. | ||
ARTICLE 9. AUDIOLOGISTS | ||
SECTION 9.001. 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 10. DYSLEXIA THERAPISTS | ||
SECTION 10.001. The heading to Chapter 403, Occupations | ||
Code, is amended to read as follows: | ||
CHAPTER 403. [ |
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DYSLEXIA THERAPISTS | ||
SECTION 10.002. Section 403.001, Occupations Code, is | ||
amended by adding Subdivisions (2-a) and (2-b) to read as follows: | ||
(2-a) "Dyslexia" has the meaning assigned by Section | ||
38.003, Education Code. | ||
(2-b) "Dyslexia therapy" means the application of | ||
nonmedical principles, methods, and procedures for identifying, | ||
mitigating, or remediating dyslexia in individuals. | ||
SECTION 10.003. Subchapter A, Chapter 403, Occupations | ||
Code, is amended by adding Sections 403.004, 403.005, and 403.006 | ||
to read as follows: | ||
Sec. 403.004. APPLICABILITY: TEACHER OR EMPLOYEE OF SCHOOL. | ||
This chapter does not apply to a teacher or employee of a private or | ||
public primary or secondary school who practices dyslexia therapy | ||
within the scope of the teacher's or employee's employment. | ||
Sec. 403.005. APPLICABILITY: FAMILY MEMBERS AND GUARDIANS. | ||
This chapter does not apply to a family member or guardian of a | ||
recipient of dyslexia therapy who is implementing a dyslexia | ||
therapy plan for the recipient under the extended authority and | ||
direction of a licensed dyslexia therapist or a person described by | ||
Section 403.004. | ||
Sec. 403.006. APPLICABILITY: SUPERVISED PERSONNEL. This | ||
chapter does not apply to an unlicensed person who is implementing a | ||
dyslexia therapy plan under the supervision of a licensed dyslexia | ||
therapist. | ||
SECTION 10.004. Section 403.0511, Occupations Code, is | ||
amended to read as follows: | ||
Sec. 403.0511. GENERAL POWERS AND DUTIES. (a) The | ||
executive director shall administer and enforce this chapter. | ||
(b) The commission shall adopt rules necessary to | ||
administer and enforce this chapter. | ||
SECTION 10.005. Section 403.101, Occupations Code, is | ||
amended to read as follows: | ||
Sec. 403.101. LICENSE REQUIRED. (a) Except as provided by | ||
Subchapter A, a person may not engage in the practice of dyslexia | ||
therapy unless the person holds a license under this chapter. | ||
(b) A person may not use the title [ |
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unless the person holds a [ |
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chapter. | ||
SECTION 10.006. Section 403.102, Occupations Code, is | ||
amended to read as follows: | ||
Sec. 403.102. ISSUANCE OF LICENSE. The department shall | ||
issue a [ |
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therapist license to an applicant who meets the requirements of | ||
this chapter. | ||
SECTION 10.007. Sections 403.106(a) and (b), Occupations | ||
Code, are amended to read as follows: | ||
(a) For purposes of determining whether an applicant | ||
satisfies the training requirements for a license under this | ||
chapter, a multisensory structured language education training | ||
program completed by the applicant must: | ||
(1) be accredited by a nationally recognized | ||
accrediting organization; | ||
(2) have in writing defined goals and objectives, | ||
areas of authority, and policies and procedures; | ||
(3) have the appropriate financial and management | ||
resources to operate the training program, including a | ||
knowledgeable administrator and standard accounting and reporting | ||
procedures; | ||
(4) have a physical site, equipment, materials, | ||
supplies, and environment suitable for the training program; | ||
(5) have a sufficient number of instructional | ||
personnel who have completed the requirements for certification in | ||
multisensory structured language education; | ||
(6) have been reviewed by multisensory structured | ||
language education professionals who are not affiliated with the | ||
training program; | ||
(7) have developed and followed procedures to maintain | ||
and improve the quality of training provided by the program; | ||
(8) have provided direct instruction in the principles | ||
and in each element of multisensory structured language education | ||
for a minimum of[ |
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[ |
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[ |
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(9) have required training program participants to | ||
complete a program of supervised clinical experience in which the | ||
participants provided multisensory structured language education | ||
to students or adults, either individually or in small groups for a | ||
minimum of [ |
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[ |
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[ |
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(10) have required training program participants to | ||
demonstrate the application of multisensory structured language | ||
education principles of instruction by completing demonstration | ||
lessons observed by an instructor and followed by a conference with | ||
and a written report by the instructor; and | ||
(11) have provided instruction based on the Texas | ||
Education Agency publication "The Dyslexia Handbook: Procedures | ||
Concerning Dyslexia and Related Disorders (2007)," or a revised | ||
version of that publication approved by the department. | ||
(b) A training program must require a training program | ||
participant [ |
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have completed at least 10 [ |
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by Subsection (a)(10) [ |
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|
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SECTION 10.008. Subchapter C, Chapter 403, Occupations | ||
Code, is amended by adding Section 403.111 to read as follows: | ||
Sec. 403.111. PROVISIONAL LICENSE. (a) A person is | ||
eligible for a provisional license under this chapter if the person | ||
is: | ||
(1) certified as a Certified Academic Language | ||
Therapist by the Academic Language Therapy Association; and | ||
(2) pursuing a master's degree from an accredited | ||
public or private institution of higher education. | ||
(b) The department shall issue a provisional license to an | ||
applicant who: | ||
(1) meets the requirements of Subsection (a); | ||
(2) complies with commission rules; | ||
(3) applies to the department on the form and in the | ||
manner prescribed by the executive director; and | ||
(4) pays the required fee. | ||
(c) The commission shall adopt rules necessary to implement | ||
this section. | ||
(d) This section expires September 1, 2024. | ||
SECTION 10.009. Section 403.151(b), Occupations Code, is | ||
amended to read as follows: | ||
(b) A person may not practice dyslexia therapy [ |
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|
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or clinic, unless the person is a licensed dyslexia therapist. | ||
SECTION 10.010. The following provisions of the Occupations | ||
Code are repealed: | ||
(1) Section 403.104; and | ||
(2) Section 403.151(a). | ||
SECTION 10.011. A license issued under a law that is | ||
repealed by this article expires on the effective date of this Act. | ||
SECTION 10.012. (a) 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. | ||
(b) A violation of law committed before the effective date | ||
of this Act is governed by the law in effect on the date the | ||
violation was committed, and the former law is continued in effect | ||
for that purpose. | ||
ARTICLE 11. ORTHOTIC AND PROSTHETIC TECHNICIANS | ||
SECTION 11.001. The following provisions of the Occupations | ||
Code are repealed: | ||
(1) Sections 605.002(19), (20), and (21); and | ||
(2) Section 605.259. | ||
SECTION 11.002. (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 11.003. 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 12. DIETITIANS | ||
SECTION 12.001. 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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[ |
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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 12.002. Sections 701.155 and 701.353, Occupations | ||
Code, are repealed. | ||
ARTICLE 13. INTERIOR DESIGNERS | ||
SECTION 13.001. Section 1051.451, Occupations Code, is | ||
amended to read as follows: | ||
Sec. 1051.451. IMPOSITION OF ADMINISTRATIVE PENALTY. (a) | ||
Except as provided by Subsection (b), the [ |
||
administrative penalty on a person who engages in conduct for which | ||
the person is subject to disciplinary action under this subtitle, | ||
regardless of whether the person holds a certificate of | ||
registration issued under this subtitle. | ||
(b) The board may not impose an administrative penalty under | ||
this subtitle on a person for conduct related to the practice of | ||
interior design unless the person holds a certificate of | ||
registration as an interior designer. | ||
SECTION 13.002. Section 1053.251(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) On a determination that a ground for disciplinary action | ||
exists under Section 1053.252, the board shall: | ||
(1) revoke, suspend, or refuse to renew a | ||
certification of registration; | ||
(2) reprimand a certificate holder; or | ||
(3) impose an administrative penalty on a certificate | ||
holder [ |
||
SECTION 13.003. Subchapter H, Chapter 1053, Occupations | ||
Code, is repealed. | ||
SECTION 13.004. Sections 1051.451 and 1053.251(a), | ||
Occupations Code, as amended by this article, apply only to the | ||
imposition of an administrative penalty for a violation that occurs | ||
on or after the effective date of this Act. The imposition of an | ||
administrative penalty for a violation that occurs before the | ||
effective date of this Act is governed by the law in effect on the | ||
date the violation occurred, and the former law is continued in | ||
effect for that purpose. | ||
SECTION 13.005. The repeal by this article of Subchapter H, | ||
Chapter 1053, Occupations Code, does not apply to an offense | ||
committed under that subchapter before the effective date of the | ||
repeal. An offense committed before the effective date of the | ||
repeal is governed by the law as it existed on the date the offense | ||
was committed, and the former law is continued in effect for that | ||
purpose. For purposes of this section, an offense was committed | ||
before the effective date of the repeal if any element of the | ||
offense occurred before that date. | ||
ARTICLE 14. BARBERS AND COSMETOLOGISTS | ||
SECTION 14.001. 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) | ||
[ |
||
SECTION 14.002. 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) [ |
||
SECTION 14.003. 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), | ||
[ |
||
SECTION 14.004. Section 1603.104, Occupations Code, is | ||
amended by amending Subsection (b) and adding Subsections (c) and | ||
(c-1) to read as follows: | ||
(b) Except as otherwise provided by this section, at [ |
||
least once every four [ |
||
each shop or other facility that holds a license, certificate, or | ||
permit in which the practice of barbering or cosmetology is | ||
performed under this chapter, Chapter 1601, or Chapter 1602. | ||
(c) At[ |
||
inspect each school in which barbering or cosmetology is taught | ||
under this chapter, Chapter 1601, or Chapter 1602. | ||
(c-1) At least once every two years, the department shall | ||
inspect each specialty shop that holds a license, certificate, or | ||
permit issued under this chapter, Chapter 1601, or Chapter 1602 and | ||
at which the practices described by Section 1601.002(1)(E) or (F) | ||
or 1602.002(a)(8) or (9) are performed. | ||
ARTICLE 15. USED AUTOMOTIVE PARTS RECYCLERS | ||
SECTION 15.001. Section 2309.102(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) The commission shall adopt rules for licensing used | ||
automotive parts recyclers [ |
||
SECTION 15.002. The heading to Section 2309.106, | ||
Occupations Code, is amended to read as follows: | ||
Sec. 2309.106. PERIODIC [ |
||
SECTION 15.003. The following provisions of the Occupations | ||
Code are repealed: | ||
(1) Sections 2309.106(c) and (d); and | ||
(2) Section 2309.154. | ||
SECTION 15.004. (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 15.005. (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 16. EFFECTIVE DATE | ||
SECTION 16.001. This Act takes effect September 1, 2019. |