Bill Text: TX HB3167 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the abolishment of the state regulation of talent agencies and personnel services.
Sponsorship: Partisan Bill (Republican 2)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB3167 Detail]
Download: Texas-2011-HB3167-Enrolled.html
| H.B. No. 3167 | ||
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| relating to the abolishment of the state regulation of talent | ||
| agencies and personnel services. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| ARTICLE 1. TALENT AGENCIES | ||
| SECTION 1.01. Chapter 2105, Occupations Code, is repealed. | ||
| SECTION 1.02. (a) An action, including a disciplinary or | ||
| administrative proceeding, pending under Chapter 51 or 2105, | ||
| Occupations Code, on the effective date of this Act related to a | ||
| violation of Chapter 2105, Occupations Code, as that chapter | ||
| existed immediately before the effective date of this Act, is | ||
| dismissed. | ||
| (b) An administrative penalty assessed by the Texas | ||
| Commission of Licensing and Regulation related to a violation of | ||
| Chapter 2105, Occupations Code, as that chapter existed immediately | ||
| before the effective date of this Act, may be collected as provided | ||
| by Chapter 51, Occupations Code. | ||
| (c) The changes in law made by this Act do not affect the | ||
| pending prosecution of an offense under Chapter 2105, Occupations | ||
| Code, as that chapter existed immediately before the effective date | ||
| of this Act. An offense committed before the effective date of this | ||
| Act is governed by the law in effect at the time 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 this Act if any element of the offense | ||
| was committed before that date. | ||
| (d) The Texas Department of Licensing and Regulation shall | ||
| return to a person who holds a valid registration under Chapter | ||
| 2105, Occupations Code, as that chapter existed immediately before | ||
| the effective date of this Act, a prorated portion of the fee paid | ||
| to the department for the issuance or renewal of the registration. | ||
| ARTICLE 2. PERSONNEL SERVICES | ||
| SECTION 2.01. Section 2501.202, Occupations Code, is | ||
| amended to read as follows: | ||
| Sec. 2501.202. INJUNCTION AND OTHER REMEDIES. A plaintiff | ||
| in an action filed under Section 2501.201 may obtain: | ||
| (1) an order enjoining the defendant from violating | ||
| this chapter; | ||
| (2) any order necessary to restore to the plaintiff | ||
| any property acquired by the defendant in violation of this | ||
| chapter; or | ||
| (3) other relief the court considers proper, | ||
| including: | ||
| (A) the appointment of a receiver if the judgment | ||
| against the defendant is not satisfied within three months after | ||
| the date of the final judgment; or | ||
| (B) [ |
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| acting as a personnel service. | ||
| SECTION 2.02. The following provisions of the Occupations | ||
| Code are repealed: | ||
| (1) Sections 2501.001(2), (3-a), and (4-a); | ||
| (2) Section 2501.201(c); | ||
| (3) Section 2501.253; and | ||
| (4) Subchapters B and D, Chapter 2501. | ||
| SECTION 2.03. (a) An action pending on the effective date of | ||
| this Act related to a violation of Section 2501.102, Occupations | ||
| Code, is dismissed. | ||
| (b) An administrative penalty assessed by the Texas | ||
| Department of Licensing and Regulation related to a violation of | ||
| Chapter 2501, Occupations Code, as that chapter existed immediately | ||
| before the effective date of this Act, may be collected as provided | ||
| by Chapter 51, Occupations Code. | ||
| (c) The Texas Department of Licensing and Regulation shall | ||
| return to a person who holds a valid certificate of authority under | ||
| Chapter 2501, Occupations Code, as that chapter existed immediately | ||
| before the effective date of this Act, a prorated portion of the fee | ||
| paid to the department for the issuance or renewal of the | ||
| certificate of authority. | ||
| ARTICLE 3. EFFECTIVE DATE | ||
| SECTION 3.01. This Act takes effect September 1, 2011. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 3167 was passed by the House on May | ||
| 13, 2011, by the following vote: Yeas 138, Nays 0, 1 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 3167 was passed by the Senate on May | ||
| 24, 2011, by the following vote: Yeas 31, Nays 0 | ||
| . | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
