Bill Text: TX SB1608 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to abolishing certain occupational licensing requirements and associated regulations.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-03-23 - Referred to Business & Commerce [SB1608 Detail]
Download: Texas-2015-SB1608-Introduced.html
84R9018 MAW-D | ||
By: Huffines | S.B. No. 1608 |
|
||
|
||
relating to abolishing certain occupational licensing requirements | ||
and associated regulations. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 106.115(a) and (b-1), Alcoholic | ||
Beverage Code, are amended to read as follows: | ||
(a) On the placement of a minor on deferred disposition for | ||
an offense under Section 49.02, Penal Code, or under Section | ||
106.02, 106.025, 106.04, 106.041, 106.05, or 106.07, the court | ||
shall require the defendant to attend an alcohol awareness program | ||
[ |
||
|
||
by the Texas Education Agency. On conviction of a minor of an | ||
offense under one or more of those sections, the court, in addition | ||
to assessing a fine as provided by those sections, shall require a | ||
defendant who has not been previously convicted of an offense under | ||
one of those sections to attend an alcohol awareness program or a | ||
drug and alcohol driving awareness program described by this | ||
subsection. If the defendant has been previously convicted once or | ||
more of an offense under one or more of those sections, the court | ||
may require the defendant to attend an alcohol awareness program or | ||
a drug and alcohol driving awareness program described by this | ||
subsection. If the defendant is younger than 18 years of age, the | ||
court may require the parent or guardian of the defendant to attend | ||
the program with the defendant. [ |
||
|
||
[ |
||
|
||
[ |
||
[ |
||
[ |
||
[ |
||
|
||
[ |
||
|
||
(b-1) If the defendant resides in a county with a population | ||
of 75,000 or less and access to an alcohol awareness program is not | ||
readily available in the county, the court may allow the defendant | ||
to take an online alcohol awareness program [ |
||
|
||
defendant to perform not less than eight hours of community service | ||
related to alcohol abuse prevention or treatment and approved by | ||
the Department of State Health Services under Subsection (b-3) | ||
instead of attending the alcohol awareness program. Community | ||
service ordered under this subsection is in addition to community | ||
service ordered under Section 106.071(d). | ||
SECTION 2. Sections 13(h) and (j), Article 42.12, Code of | ||
Criminal Procedure, are amended to read as follows: | ||
(h) If a person convicted of an offense under Sections | ||
49.04-49.08, Penal Code, is placed on community supervision, the | ||
judge shall require, as a condition of the community supervision, | ||
that the defendant attend and successfully complete before the | ||
181st day after the day community supervision is granted an | ||
educational program [ |
||
|
||
|
||
|
||
|
||
who have driven while intoxicated. [ |
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
educational program requirement or may grant an extension of time | ||
to successfully complete the program that expires not later than | ||
one year after the beginning date of the person's community | ||
supervision, however, if the defendant by a motion in writing shows | ||
good cause. In determining good cause, the judge may consider but | ||
is not limited to: the defendant's school and work schedule, the | ||
defendant's health, the distance that the defendant must travel to | ||
attend an educational program, and the fact that the defendant | ||
resides out of state, has no valid driver's license, or does not | ||
have access to transportation. The judge shall set out the finding | ||
of good cause for waiver in the judgment. If a defendant is | ||
required, as a condition of community supervision, to attend an | ||
educational program or if the court waives the educational program | ||
requirement, the court clerk shall immediately report that fact to | ||
the Department of Public Safety, on a form prescribed by the | ||
department, for inclusion in the person's driving record. If the | ||
court grants an extension of time in which the person may complete | ||
the program, the court clerk shall immediately report that fact to | ||
the Department of Public Safety on a form prescribed by the | ||
department. The report must include the beginning date of the | ||
person's community supervision. Upon the person's successful | ||
completion of the educational program, the person's instructor | ||
shall give notice to the Department of Public Safety for inclusion | ||
in the person's driving record and to the community supervision and | ||
corrections department. The community supervision and corrections | ||
department shall then forward the notice to the court clerk for | ||
filing. If the Department of Public Safety does not receive notice | ||
that a defendant required to complete an educational program has | ||
successfully completed the program within the period required by | ||
this section, as shown on department records, the department shall | ||
revoke the defendant's driver's license, permit, or privilege or | ||
prohibit the person from obtaining a license or permit, as provided | ||
by Sections 521.344(e) and (f), Transportation Code. The | ||
Department of Public Safety may not reinstate a license suspended | ||
under this subsection unless the person whose license was suspended | ||
makes application to the department for reinstatement of the | ||
person's license and pays to the department a reinstatement fee of | ||
$100. The Department of Public Safety shall remit all fees | ||
collected under this subsection to the comptroller for deposit in | ||
the general revenue fund. This subsection does not apply to a | ||
defendant if a jury recommends community supervision for the | ||
defendant and also recommends that the defendant's driver's license | ||
not be suspended. | ||
(j) The judge shall require a defendant who is punished | ||
under Section 49.09, Penal Code, as a condition of community | ||
supervision, to attend and successfully complete an educational | ||
program for repeat offenders [ |
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
The judge may waive the educational program requirement only if the | ||
defendant by a motion in writing shows good cause. In determining | ||
good cause, the judge may consider the defendant's school and work | ||
schedule, the defendant's health, the distance that the defendant | ||
must travel to attend an educational program, and whether the | ||
defendant resides out of state or does not have access to | ||
transportation. The judge shall set out the finding of good cause | ||
in the judgment. If a defendant is required, as a condition of | ||
community supervision, to attend an educational program, the court | ||
clerk shall immediately report that fact to the Department of | ||
Public Safety, on a form prescribed by the department, for | ||
inclusion in the defendant's driving record. The report must | ||
include the beginning date of the defendant's community | ||
supervision. On the defendant's successful completion of the | ||
educational program for repeat offenders, the defendant's | ||
instructor shall give notice to the Department of Public Safety for | ||
inclusion in the defendant's driving record and to the community | ||
supervision and corrections department. The community supervision | ||
and corrections department shall then forward the notice to the | ||
court clerk for filing. If the Department of Public Safety does not | ||
receive notice that a defendant required to complete an educational | ||
program has successfully completed the program for repeat offenders | ||
within the period required by the judge, as shown on department | ||
records, the department shall revoke the defendant's driver's | ||
license, permit, or privilege or prohibit the defendant from | ||
obtaining a license or permit, as provided by Sections 521.344(e) | ||
and (f), Transportation Code. | ||
SECTION 3. Section 437.0123(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) A county that has a population of at least 2.8 million or | ||
a public health district at least part of which is in a county that | ||
has a population of at least 2.8 million may require the payment of | ||
a fee for issuing or renewing a permit or for performing an | ||
inspection to enforce this chapter or a rule adopted under this | ||
chapter. [ |
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
SECTION 4. Section 437.019(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) Except as provided by Subsection (c), a bed and | ||
breakfast establishment with seven or fewer rooms for rent that | ||
serves only breakfast to its overnight guests is not a food service | ||
establishment for purposes of this chapter. [ |
||
|
||
|
||
|
||
SECTION 5. Section 1001.071, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 1001.071. GENERAL POWERS AND DUTIES OF DEPARTMENT | ||
RELATED TO HEALTH CARE. The department is responsible for | ||
administering human services programs regarding the public health, | ||
including: | ||
(1) implementing the state's public health care | ||
delivery programs under the authority of the department; | ||
(2) administering state health facilities, hospitals, | ||
and health care systems; | ||
(3) developing and providing health care services, as | ||
directed by law; | ||
(4) providing for the prevention and control of | ||
communicable diseases; | ||
(5) providing public education on health-related | ||
matters, as directed by law; | ||
(6) compiling and reporting health-related | ||
information, as directed by law; | ||
(7) acting as the lead agency for implementation of | ||
state policies regarding the human immunodeficiency virus and | ||
acquired immunodeficiency syndrome and administering programs | ||
related to the human immunodeficiency virus and acquired | ||
immunodeficiency syndrome; | ||
(8) investigating the causes of injuries and methods | ||
of prevention; | ||
(9) administering a grant program to provide | ||
appropriated money to counties, municipalities, public health | ||
districts, and other political subdivisions for their use to | ||
provide or pay for essential public health services; | ||
(10) administering the registration of vital | ||
statistics; | ||
(11) licensing, inspecting, and enforcing regulations | ||
regarding health facilities, other than long-term care facilities | ||
regulated by the Department of Aging and Disability Services; | ||
(12) implementing established standards and | ||
procedures for the management and control of sanitation and for | ||
health protection measures; | ||
(13) enforcing regulations regarding radioactive | ||
materials; | ||
(14) enforcing regulations regarding food, [ |
||
|
||
(15) enforcing regulations regarding food service | ||
establishments, retail food stores, mobile food units, and roadside | ||
food vendors; | ||
(16) enforcing regulations controlling hazardous | ||
substances in households and workplaces; and | ||
(17) implementing a mental health program for | ||
veterans. | ||
SECTION 6. Section 32.074(a), Human Resources Code, is | ||
amended to read as follows: | ||
(a) In this section, "personal emergency response system" | ||
has the meaning assigned by Section 1702.331, Occupations [ |
||
|
||
SECTION 7. Section 843.002(24), Insurance Code, is amended | ||
to read as follows: | ||
(24) "Provider" means: | ||
(A) a person, other than a physician, who is | ||
licensed or otherwise authorized to provide a health care service | ||
in this state, including: | ||
(i) a chiropractor, registered nurse, | ||
pharmacist, optometrist, [ |
||
or | ||
(ii) a pharmacy, hospital, or other | ||
institution or organization; | ||
(B) a person who is wholly owned or controlled by | ||
a provider or by a group of providers who are licensed or otherwise | ||
authorized to provide the same health care service; or | ||
(C) a person who is wholly owned or controlled by | ||
one or more hospitals and physicians, including a | ||
physician-hospital organization. | ||
SECTION 8. Sections 351.005(a) and (d), Occupations Code, | ||
are amended to read as follows: | ||
(a) This chapter does not: | ||
(1) apply to an officer or agent of the United States | ||
or this state in performing official duties; | ||
(2) prevent or interfere with the right of a physician | ||
licensed by the Texas [ |
||
to: | ||
(A) treat or prescribe for a patient; or | ||
(B) direct or instruct a person under the | ||
physician's control, supervision, or direction to aid or attend to | ||
the needs of a patient according to the physician's specific | ||
direction, instruction, or prescription; | ||
(3) prevent a person from selling ready-to-wear | ||
eyeglasses as merchandise at retail; | ||
(4) prevent an unlicensed person from making simple | ||
repairs to eyeglasses; | ||
(5) [ |
||
|
||
|
||
[ |
||
practice optometry or therapeutic optometry from measuring | ||
interpupillary distances or making facial measurements to dispense | ||
or adapt an ophthalmic prescription, lens, product, or accessory in | ||
accordance with the specific directions of a written prescription | ||
signed by an optometrist, therapeutic optometrist, or licensed | ||
physician; | ||
(6) [ |
||
estate of a deceased optometrist or therapeutic optometrist from | ||
employing an optometrist or therapeutic optometrist to continue the | ||
practice of the deceased during estate administration; or | ||
(7) [ |
||
optometrist from working for the administrator or executor of the | ||
estate of a deceased optometrist or therapeutic optometrist to | ||
continue the practice of the deceased during estate administration. | ||
(d) Continuation of the practice of a deceased optometrist | ||
or therapeutic optometrist by an estate under Subsections (a)(6) | ||
and (7) [ |
||
(1) be authorized by the county judge; and | ||
(2) terminate before the first anniversary of the date | ||
of death of the optometrist or therapeutic optometrist. | ||
SECTION 9. The heading to Subtitle G, Title 3, Occupations | ||
Code, is amended to read as follows: | ||
SUBTITLE G. PROFESSIONS RELATED TO HEARING AND[ |
||
|
||
SECTION 10. Section 521.374(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) A person whose license is suspended under Section | ||
521.372 may attend an educational program[ |
||
|
||
|
||
|
||
SECTION 11. The following provisions of the Health and | ||
Safety Code are repealed: | ||
(1) Section 437.0057; | ||
(2) Section 437.0075; | ||
(3) Section 437.0076; | ||
(4) Section 437.0195; | ||
(5) Subchapter D, Chapter 438; | ||
(6) Subchapter G, Chapter 438; | ||
(7) Chapter 441; and | ||
(8) Chapter 781. | ||
SECTION 12. The following provisions of the Occupations | ||
Code are repealed: | ||
(1) Section 351.005(c); | ||
(2) Chapter 352; | ||
(3) Chapter 353; | ||
(4) Chapter 403; | ||
(5) Chapter 601; | ||
(6) Chapter 602; | ||
(7) Chapter 603; | ||
(8) Chapter 604; | ||
(9) Chapter 701; | ||
(10) Chapter 1952; and | ||
(11) Chapter 1958. | ||
SECTION 13. The following provisions of the Transportation | ||
Code are repealed: | ||
(1) Section 521.375; and | ||
(2) Section 521.376. | ||
SECTION 14. On the effective date of this Act, a license, | ||
permit, certification of registration, or other authorization | ||
issued under a law that is repealed by this Act expires. | ||
SECTION 15. The changes in law made by this Act 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. | ||
SECTION 16. An offense under or other violation of a law | ||
that is repealed by 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 section, | ||
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. | ||
SECTION 17. This Act takes effect September 1, 2015. |