Bill Text: TX SB2065 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to the licensing and regulation of certain occupations and activities.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2017-06-15 - See remarks for effective date [SB2065 Detail]
Download: Texas-2017-SB2065-Enrolled.html
S.B. No. 2065 |
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relating to the licensing and regulation of certain occupations and | ||
activities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. VEHICLE PROTECTION PRODUCTS | ||
SECTION 1.001. Section 17.45, Business & Commerce Code, is | ||
amended by adding Subdivisions (14), (15), and (16) to read as | ||
follows: | ||
(14) "Vehicle protection product": | ||
(A) means a product or system, including a | ||
written warranty: | ||
(i) that is: | ||
(a) installed on or applied to a | ||
vehicle; and | ||
(b) designed to prevent loss of or | ||
damage to a vehicle from a specific cause; and | ||
(ii) under which, after installation or | ||
application of the product or system described by Subparagraph (i), | ||
if loss or damage results from the failure of the product or system | ||
to perform as represented in the warranty, the warrantor, to the | ||
extent agreed on as part of the warranty, is required to pay | ||
expenses to the person in this state who purchases or otherwise | ||
possesses the product or system for the loss of or damage to the | ||
vehicle; and | ||
(B) may also include identity recovery, as | ||
defined by Section 1304.003, Occupations Code, if the product or | ||
system described by Paragraph (A) is financed under Chapter 348 or | ||
353, Finance Code. | ||
(15) "Warrantor" means a person named under the terms | ||
of a vehicle protection product warranty as the contractual obligor | ||
to a person in this state who purchases or otherwise possesses a | ||
vehicle protection product. | ||
(16) "Loss of or damage to the vehicle," for purposes | ||
of Subdivision (14)(A)(ii), may also include unreimbursed | ||
incidental expenses that may be incurred by the warrantor, | ||
including expenses for a replacement vehicle, temporary vehicle | ||
rental expenses, and registration expenses for replacement | ||
vehicles. | ||
SECTION 1.002. Section 17.46(b), Business & Commerce Code, | ||
as amended by Chapters 1023 (H.B. 1265) and 1080 (H.B. 2573), Acts | ||
of the 84th Legislature, Regular Session, 2015, is reenacted and | ||
amended to read as follows: | ||
(b) Except as provided in Subsection (d) of this section, | ||
the term "false, misleading, or deceptive acts or practices" | ||
includes, but is not limited to, the following acts: | ||
(1) passing off goods or services as those of another; | ||
(2) causing confusion or misunderstanding as to the | ||
source, sponsorship, approval, or certification of goods or | ||
services; | ||
(3) causing confusion or misunderstanding as to | ||
affiliation, connection, or association with, or certification by, | ||
another; | ||
(4) using deceptive representations or designations | ||
of geographic origin in connection with goods or services; | ||
(5) representing that goods or services have | ||
sponsorship, approval, characteristics, ingredients, uses, | ||
benefits, or quantities which they do not have or that a person has | ||
a sponsorship, approval, status, affiliation, or connection which | ||
the person does not; | ||
(6) representing that goods are original or new if | ||
they are deteriorated, reconditioned, reclaimed, used, or | ||
secondhand; | ||
(7) representing that goods or services are of a | ||
particular standard, quality, or grade, or that goods are of a | ||
particular style or model, if they are of another; | ||
(8) disparaging the goods, services, or business of | ||
another by false or misleading representation of facts; | ||
(9) advertising goods or services with intent not to | ||
sell them as advertised; | ||
(10) advertising goods or services with intent not to | ||
supply a reasonable expectable public demand, unless the | ||
advertisements disclosed a limitation of quantity; | ||
(11) making false or misleading statements of fact | ||
concerning the reasons for, existence of, or amount of price | ||
reductions; | ||
(12) representing that an agreement confers or | ||
involves rights, remedies, or obligations which it does not have or | ||
involve, or which are prohibited by law; | ||
(13) knowingly making false or misleading statements | ||
of fact concerning the need for parts, replacement, or repair | ||
service; | ||
(14) misrepresenting the authority of a salesman, | ||
representative or agent to negotiate the final terms of a consumer | ||
transaction; | ||
(15) basing a charge for the repair of any item in | ||
whole or in part on a guaranty or warranty instead of on the value of | ||
the actual repairs made or work to be performed on the item without | ||
stating separately the charges for the work and the charge for the | ||
warranty or guaranty, if any; | ||
(16) disconnecting, turning back, or resetting the | ||
odometer of any motor vehicle so as to reduce the number of miles | ||
indicated on the odometer gauge; | ||
(17) advertising of any sale by fraudulently | ||
representing that a person is going out of business; | ||
(18) advertising, selling, or distributing a card | ||
which purports to be a prescription drug identification card issued | ||
under Section 4151.152, Insurance Code, in accordance with rules | ||
adopted by the commissioner of insurance, which offers a discount | ||
on the purchase of health care goods or services from a third party | ||
provider, and which is not evidence of insurance coverage, unless: | ||
(A) the discount is authorized under an agreement | ||
between the seller of the card and the provider of those goods and | ||
services or the discount or card is offered to members of the | ||
seller; | ||
(B) the seller does not represent that the card | ||
provides insurance coverage of any kind; and | ||
(C) the discount is not false, misleading, or | ||
deceptive; | ||
(19) using or employing a chain referral sales plan in | ||
connection with the sale or offer to sell of goods, merchandise, or | ||
anything of value, which uses the sales technique, plan, | ||
arrangement, or agreement in which the buyer or prospective buyer | ||
is offered the opportunity to purchase merchandise or goods and in | ||
connection with the purchase receives the seller's promise or | ||
representation that the buyer shall have the right to receive | ||
compensation or consideration in any form for furnishing to the | ||
seller the names of other prospective buyers if receipt of the | ||
compensation or consideration is contingent upon the occurrence of | ||
an event subsequent to the time the buyer purchases the merchandise | ||
or goods; | ||
(20) representing that a guaranty or warranty confers | ||
or involves rights or remedies which it does not have or involve, | ||
provided, however, that nothing in this subchapter shall be | ||
construed to expand the implied warranty of merchantability as | ||
defined in Sections 2.314 through 2.318 and Sections 2A.212 through | ||
2A.216 to involve obligations in excess of those which are | ||
appropriate to the goods; | ||
(21) promoting a pyramid promotional scheme, as | ||
defined by Section 17.461; | ||
(22) representing that work or services have been | ||
performed on, or parts replaced in, goods when the work or services | ||
were not performed or the parts replaced; | ||
(23) filing suit founded upon a written contractual | ||
obligation of and signed by the defendant to pay money arising out | ||
of or based on a consumer transaction for goods, services, loans, or | ||
extensions of credit intended primarily for personal, family, | ||
household, or agricultural use in any county other than in the | ||
county in which the defendant resides at the time of the | ||
commencement of the action or in the county in which the defendant | ||
in fact signed the contract; provided, however, that a violation of | ||
this subsection shall not occur where it is shown by the person | ||
filing such suit that the person neither knew or had reason to know | ||
that the county in which such suit was filed was neither the county | ||
in which the defendant resides at the commencement of the suit nor | ||
the county in which the defendant in fact signed the contract; | ||
(24) failing to disclose information concerning goods | ||
or services which was known at the time of the transaction if such | ||
failure to disclose such information was intended to induce the | ||
consumer into a transaction into which the consumer would not have | ||
entered had the information been disclosed; | ||
(25) using the term "corporation," "incorporated," or | ||
an abbreviation of either of those terms in the name of a business | ||
entity that is not incorporated under the laws of this state or | ||
another jurisdiction; | ||
(26) selling, offering to sell, or illegally promoting | ||
an annuity contract under Chapter 22, Acts of the 57th Legislature, | ||
3rd Called Session, 1962 (Article 6228a-5, Vernon's Texas Civil | ||
Statutes), with the intent that the annuity contract will be the | ||
subject of a salary reduction agreement, as defined by that Act, if | ||
the annuity contract is not an eligible qualified investment under | ||
that Act or is not registered with the Teacher Retirement System of | ||
Texas as required by Section 8A of that Act; | ||
(27) taking advantage of a disaster declared by the | ||
governor under Chapter 418, Government Code, by: | ||
(A) selling or leasing fuel, food, medicine, or | ||
another necessity at an exorbitant or excessive price; or | ||
(B) demanding an exorbitant or excessive price in | ||
connection with the sale or lease of fuel, food, medicine, or | ||
another necessity; | ||
(28) using the translation into a foreign language of | ||
a title or other word, including "attorney," "lawyer," "licensed," | ||
"notary," and "notary public," in any written or electronic | ||
material, including an advertisement, a business card, a | ||
letterhead, stationery, a website, or an online video, in reference | ||
to a person who is not an attorney in order to imply that the person | ||
is authorized to practice law in the United States; | ||
(29) [ |
||
in connection with a good or service that: | ||
(A) represents that the solicitation is sent on | ||
behalf of a governmental entity when it is not; or | ||
(B) resembles a governmental notice or form that | ||
represents or implies that a criminal penalty may be imposed if the | ||
recipient does not remit payment for the good or service; | ||
(30) [ |
||
in connection with a good or service that resembles a check or other | ||
negotiable instrument or invoice, unless the portion of the | ||
solicitation that resembles a check or other negotiable instrument | ||
or invoice includes the following notice, clearly and conspicuously | ||
printed in at least 18-point type: | ||
"SPECIMEN-NON-NEGOTIABLE"; | ||
(31) [ |
||
promotion of a synthetic substance that produces and is intended to | ||
produce an effect when consumed or ingested similar to, or in excess | ||
of, the effect of a controlled substance or controlled substance | ||
analogue, as those terms are defined by Section 481.002, Health and | ||
Safety Code: | ||
(A) making a deceptive representation or | ||
designation about the synthetic substance; or | ||
(B) causing confusion or misunderstanding as to | ||
the effects the synthetic substance causes when consumed or | ||
ingested; [ |
||
(32) [ |
||
directly or indirectly soliciting employment, as defined by Section | ||
38.01, Penal Code, for an attorney, or a licensed public insurance | ||
adjuster entering into a contract with an insured for the primary | ||
purpose of referring the insured to an attorney without the intent | ||
to actually perform the services customarily provided by a licensed | ||
public insurance adjuster, provided that this subdivision may not | ||
be construed to prohibit a licensed public insurance adjuster from | ||
recommending a particular attorney to an insured; or | ||
(33) a warrantor of a vehicle protection product | ||
warranty using, in connection with the product, a name that | ||
includes "casualty," "surety," "insurance," "mutual," or any other | ||
word descriptive of an insurance business, including property or | ||
casualty insurance, or a surety business. | ||
SECTION 1.003. Subchapter A, Chapter 348, Finance Code, is | ||
amended by adding Section 348.014 to read as follows: | ||
Sec. 348.014. TRANSACTION CONDITIONED ON PURCHASE OF | ||
VEHICLE PROTECTION PRODUCT PROHIBITED. (a) In this section, | ||
"vehicle protection product" has the meaning assigned by Section | ||
17.45, Business & Commerce Code. | ||
(b) A retail seller may not require as a condition of a | ||
retail installment transaction or the cash sale of a motor vehicle | ||
that the buyer purchase a vehicle protection product that is not | ||
installed on the vehicle at the time of the transaction. | ||
(c) A violation of this section is a false, misleading, or | ||
deceptive act or practice within the meaning of Section 17.46, | ||
Business & Commerce Code, and is actionable in a public or private | ||
suit brought under Subchapter E, Chapter 17, Business & Commerce | ||
Code. | ||
SECTION 1.004. Subchapter A, Chapter 353, Finance Code, is | ||
amended by adding Section 353.017 to read as follows: | ||
Sec. 353.017. TRANSACTION CONDITIONED ON PURCHASE OF | ||
VEHICLE PROTECTION PRODUCT PROHIBITED. (a) In this section, | ||
"vehicle protection product" has the meaning assigned by Section | ||
17.45, Business & Commerce Code. | ||
(b) A retail seller may not require as a condition of a | ||
retail installment transaction or the cash sale of a commercial | ||
vehicle that the buyer purchase a vehicle protection product that | ||
is not installed on the vehicle at the time of the transaction. | ||
(c) A violation of this section is a false, misleading, or | ||
deceptive act or practice within the meaning of Section 17.46, | ||
Business & Commerce Code, and is actionable in a public or private | ||
suit brought under Subchapter E, Chapter 17, Business & Commerce | ||
Code. | ||
SECTION 1.005. Chapter 2306, Occupations Code, is repealed. | ||
SECTION 1.006. (a) On the effective date of this Act: | ||
(1) an action, including a disciplinary or | ||
administrative proceeding, pending under Chapter 51 or 2306, | ||
Occupations Code, on the effective date of this Act related to an | ||
alleged violation of Chapter 2306, Occupations Code, as that | ||
chapter existed immediately before the effective date of this Act, | ||
is dismissed; | ||
(2) the Vehicle Protection Product Warrantor Advisory | ||
Board is abolished; and | ||
(3) a registration issued under former Chapter 2306, | ||
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 vehicle protection product | ||
warrantors adopted under former Chapter 2306, Occupations Code. | ||
(c) An administrative penalty assessed by the Texas | ||
Commission of Licensing and Regulation or the executive director of | ||
the Texas Department of Licensing and Regulation related to a | ||
violation of Chapter 2306, Occupations Code, as that chapter | ||
existed immediately before the effective date of this Act, may be | ||
collected as provided by Chapter 51, Occupations Code. | ||
(d) The repeal by this Act of Chapter 2306, Occupations | ||
Code, does not affect the validity or terms of a vehicle protection | ||
product warranty that was issued or renewed before the effective | ||
date of this Act. | ||
SECTION 1.007. Section 17.46(b), Business & Commerce Code, | ||
as amended by this Act, applies only to a cause of action that | ||
accrues on or after the effective date of this Act. A cause of | ||
action that accrued before the effective date of this Act is | ||
governed by the law in effect immediately before the effective date | ||
of this Act, and that law is continued in effect for that purpose. | ||
SECTION 1.008. Sections 348.014 and 353.017, Finance Code, | ||
as added by this Act, apply only to a transaction for the purchase | ||
of a motor vehicle or commercial vehicle, as applicable, that | ||
occurs on or after the effective date of this Act. A transaction | ||
for the purchase of a motor vehicle or commercial vehicle that | ||
occurs before the effective date of this Act is governed by the law | ||
in effect on the date the transaction occurred, and the former law | ||
is continued in effect for that purpose. | ||
ARTICLE 2. NOTARIES PUBLIC | ||
SECTION 2.001. Section 17.46(b), Business & Commerce Code, | ||
as amended by Chapters 1023 (H.B. 1265) and 1080 (H.B. 2573), Acts | ||
of the 84th Legislature, Regular Session, 2015, is reenacted and | ||
amended to read as follows: | ||
(b) Except as provided in Subsection (d) of this section, | ||
the term "false, misleading, or deceptive acts or practices" | ||
includes, but is not limited to, the following acts: | ||
(1) passing off goods or services as those of another; | ||
(2) causing confusion or misunderstanding as to the | ||
source, sponsorship, approval, or certification of goods or | ||
services; | ||
(3) causing confusion or misunderstanding as to | ||
affiliation, connection, or association with, or certification by, | ||
another; | ||
(4) using deceptive representations or designations | ||
of geographic origin in connection with goods or services; | ||
(5) representing that goods or services have | ||
sponsorship, approval, characteristics, ingredients, uses, | ||
benefits, or quantities which they do not have or that a person has | ||
a sponsorship, approval, status, affiliation, or connection which | ||
the person does not; | ||
(6) representing that goods are original or new if | ||
they are deteriorated, reconditioned, reclaimed, used, or | ||
secondhand; | ||
(7) representing that goods or services are of a | ||
particular standard, quality, or grade, or that goods are of a | ||
particular style or model, if they are of another; | ||
(8) disparaging the goods, services, or business of | ||
another by false or misleading representation of facts; | ||
(9) advertising goods or services with intent not to | ||
sell them as advertised; | ||
(10) advertising goods or services with intent not to | ||
supply a reasonable expectable public demand, unless the | ||
advertisements disclosed a limitation of quantity; | ||
(11) making false or misleading statements of fact | ||
concerning the reasons for, existence of, or amount of price | ||
reductions; | ||
(12) representing that an agreement confers or | ||
involves rights, remedies, or obligations which it does not have or | ||
involve, or which are prohibited by law; | ||
(13) knowingly making false or misleading statements | ||
of fact concerning the need for parts, replacement, or repair | ||
service; | ||
(14) misrepresenting the authority of a salesman, | ||
representative or agent to negotiate the final terms of a consumer | ||
transaction; | ||
(15) basing a charge for the repair of any item in | ||
whole or in part on a guaranty or warranty instead of on the value of | ||
the actual repairs made or work to be performed on the item without | ||
stating separately the charges for the work and the charge for the | ||
warranty or guaranty, if any; | ||
(16) disconnecting, turning back, or resetting the | ||
odometer of any motor vehicle so as to reduce the number of miles | ||
indicated on the odometer gauge; | ||
(17) advertising of any sale by fraudulently | ||
representing that a person is going out of business; | ||
(18) advertising, selling, or distributing a card | ||
which purports to be a prescription drug identification card issued | ||
under Section 4151.152, Insurance Code, in accordance with rules | ||
adopted by the commissioner of insurance, which offers a discount | ||
on the purchase of health care goods or services from a third party | ||
provider, and which is not evidence of insurance coverage, unless: | ||
(A) the discount is authorized under an agreement | ||
between the seller of the card and the provider of those goods and | ||
services or the discount or card is offered to members of the | ||
seller; | ||
(B) the seller does not represent that the card | ||
provides insurance coverage of any kind; and | ||
(C) the discount is not false, misleading, or | ||
deceptive; | ||
(19) using or employing a chain referral sales plan in | ||
connection with the sale or offer to sell of goods, merchandise, or | ||
anything of value, which uses the sales technique, plan, | ||
arrangement, or agreement in which the buyer or prospective buyer | ||
is offered the opportunity to purchase merchandise or goods and in | ||
connection with the purchase receives the seller's promise or | ||
representation that the buyer shall have the right to receive | ||
compensation or consideration in any form for furnishing to the | ||
seller the names of other prospective buyers if receipt of the | ||
compensation or consideration is contingent upon the occurrence of | ||
an event subsequent to the time the buyer purchases the merchandise | ||
or goods; | ||
(20) representing that a guaranty or warranty confers | ||
or involves rights or remedies which it does not have or involve, | ||
provided, however, that nothing in this subchapter shall be | ||
construed to expand the implied warranty of merchantability as | ||
defined in Sections 2.314 through 2.318 and Sections 2A.212 through | ||
2A.216 to involve obligations in excess of those which are | ||
appropriate to the goods; | ||
(21) promoting a pyramid promotional scheme, as | ||
defined by Section 17.461; | ||
(22) representing that work or services have been | ||
performed on, or parts replaced in, goods when the work or services | ||
were not performed or the parts replaced; | ||
(23) filing suit founded upon a written contractual | ||
obligation of and signed by the defendant to pay money arising out | ||
of or based on a consumer transaction for goods, services, loans, or | ||
extensions of credit intended primarily for personal, family, | ||
household, or agricultural use in any county other than in the | ||
county in which the defendant resides at the time of the | ||
commencement of the action or in the county in which the defendant | ||
in fact signed the contract; provided, however, that a violation of | ||
this subsection shall not occur where it is shown by the person | ||
filing such suit that the person neither knew or had reason to know | ||
that the county in which such suit was filed was neither the county | ||
in which the defendant resides at the commencement of the suit nor | ||
the county in which the defendant in fact signed the contract; | ||
(24) failing to disclose information concerning goods | ||
or services which was known at the time of the transaction if such | ||
failure to disclose such information was intended to induce the | ||
consumer into a transaction into which the consumer would not have | ||
entered had the information been disclosed; | ||
(25) using the term "corporation," "incorporated," or | ||
an abbreviation of either of those terms in the name of a business | ||
entity that is not incorporated under the laws of this state or | ||
another jurisdiction; | ||
(26) selling, offering to sell, or illegally promoting | ||
an annuity contract under Chapter 22, Acts of the 57th Legislature, | ||
3rd Called Session, 1962 (Article 6228a-5, Vernon's Texas Civil | ||
Statutes), with the intent that the annuity contract will be the | ||
subject of a salary reduction agreement, as defined by that Act, if | ||
the annuity contract is not an eligible qualified investment under | ||
that Act or is not registered with the Teacher Retirement System of | ||
Texas as required by Section 8A of that Act; | ||
(27) taking advantage of a disaster declared by the | ||
governor under Chapter 418, Government Code, by: | ||
(A) selling or leasing fuel, food, medicine, or | ||
another necessity at an exorbitant or excessive price; or | ||
(B) demanding an exorbitant or excessive price in | ||
connection with the sale or lease of fuel, food, medicine, or | ||
another necessity; | ||
(28) using the translation into a foreign language of | ||
a title or other word, including "attorney," "immigration | ||
consultant," "immigration expert," "lawyer," "licensed," "notary," | ||
and "notary public," in any written or electronic material, | ||
including an advertisement, a business card, a letterhead, | ||
stationery, a website, or an online video, in reference to a person | ||
who is not an attorney in order to imply that the person is | ||
authorized to practice law in the United States; | ||
(29) [ |
||
in connection with a good or service that: | ||
(A) represents that the solicitation is sent on | ||
behalf of a governmental entity when it is not; or | ||
(B) resembles a governmental notice or form that | ||
represents or implies that a criminal penalty may be imposed if the | ||
recipient does not remit payment for the good or service; | ||
(30) [ |
||
in connection with a good or service that resembles a check or other | ||
negotiable instrument or invoice, unless the portion of the | ||
solicitation that resembles a check or other negotiable instrument | ||
or invoice includes the following notice, clearly and conspicuously | ||
printed in at least 18-point type: | ||
"SPECIMEN-NON-NEGOTIABLE"; | ||
(31) [ |
||
promotion of a synthetic substance that produces and is intended to | ||
produce an effect when consumed or ingested similar to, or in excess | ||
of, the effect of a controlled substance or controlled substance | ||
analogue, as those terms are defined by Section 481.002, Health and | ||
Safety Code: | ||
(A) making a deceptive representation or | ||
designation about the synthetic substance; or | ||
(B) causing confusion or misunderstanding as to | ||
the effects the synthetic substance causes when consumed or | ||
ingested; or | ||
(32) [ |
||
directly or indirectly soliciting employment, as defined by Section | ||
38.01, Penal Code, for an attorney, or a licensed public insurance | ||
adjuster entering into a contract with an insured for the primary | ||
purpose of referring the insured to an attorney without the intent | ||
to actually perform the services customarily provided by a licensed | ||
public insurance adjuster, provided that this subdivision may not | ||
be construed to prohibit a licensed public insurance adjuster from | ||
recommending a particular attorney to an insured. | ||
SECTION 2.002. Section 406.017, Government Code, is amended | ||
by amending Subsection (a) and adding Subsection (a-1) to read as | ||
follows: | ||
(a) A person commits an offense if the person is a notary | ||
public and the person: | ||
(1) states or implies that the person is an attorney | ||
licensed to practice law in this state; | ||
(2) solicits or accepts compensation to prepare | ||
documents for or otherwise represent the interest of another in a | ||
judicial or administrative proceeding, including a proceeding | ||
relating to immigration or admission to the United States, United | ||
States citizenship, or related matters; | ||
(3) solicits or accepts compensation to obtain relief | ||
of any kind on behalf of another from any officer, agency, or | ||
employee of this state or the United States; | ||
(4) uses the phrase "notario" or "notario publico" to | ||
advertise the services of a notary public, whether by signs, | ||
pamphlets, stationery, or other written communication or by radio | ||
or television; or | ||
(5) advertises the services of a notary public in a | ||
language other than English, whether by signs, pamphlets, | ||
stationery, or other written communication or by radio or | ||
television, if the person does not post or otherwise include with | ||
the advertisement a notice that complies with Subsection (b). | ||
(a-1) A person does not violate this section by offering or | ||
providing language translation or typing services and accepting | ||
compensation. | ||
SECTION 2.003. The change in law made by this article to | ||
Section 17.46(b), Business & Commerce Code, applies only to a cause | ||
of action that accrues on or after the effective date of this Act. A | ||
cause of action that accrued before the effective date of this Act | ||
is governed by the law in effect immediately before the effective | ||
date of this Act, and that law is continued in effect for that | ||
purpose. | ||
SECTION 2.004. The change in law made by this article to | ||
Section 406.017, Government Code, applies only to an offense | ||
committed on or after the effective date of this Act. An offense | ||
committed before the effective date of this Act is governed by the | ||
law in effect when 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 occurred before that date. | ||
ARTICLE 3. REPORT ON OCCUPATIONAL LICENSING BY COMPTROLLER | ||
SECTION 3.001. Subchapter B, Chapter 403, Government Code, | ||
is amended by adding Section 403.03058 to read as follows: | ||
Sec. 403.03058. REPORT ON OCCUPATIONAL LICENSING. (a) Not | ||
later than December 31 of each even-numbered year, the comptroller | ||
shall prepare and submit to the legislature a report regarding all | ||
occupational licenses, including permits, certifications, and | ||
registrations, required by this state. The report must include: | ||
(1) for each type of license: | ||
(A) a description of the license; | ||
(B) the department with regulatory authority for | ||
the license; | ||
(C) the number of active licenses; | ||
(D) the cost of an initial application for the | ||
license and for a renewal of the license; and | ||
(E) the amount of state revenue generated from | ||
the issuance and renewal of the license; and | ||
(2) a list of all statutory provisions requiring a | ||
license that were abolished during the previous legislative | ||
session. | ||
(b) The comptroller shall post on its Internet website the | ||
report prepared under Subsection (a). | ||
SECTION 3.002. Not later than December 31, 2018, the | ||
comptroller of public accounts shall provide the initial report to | ||
the legislature as required by Section 403.03058, Government Code, | ||
as added by this article. | ||
ARTICLE 4. CERTIFICATE OF AUTHORITY; OVER-THE-COUNTER SALE OF | ||
EPHEDRINE, PSEUDOEPHEDRINE, AND NORPSEUDOEPHEDRINE BY | ||
ESTABLISHMENTS OTHER THAN PHARMACIES | ||
SECTION 4.001. Sections 486.004(a) and (b), Health and | ||
Safety Code, are amended to read as follows: | ||
(a) The department shall collect fees for[ |
||
[ |
||
|
||
[ |
||
chapter and rules adopted under this chapter. | ||
(b) The executive commissioner by rule shall set the fees in | ||
amounts that allow the department to recover the biennial | ||
expenditures of state funds by the department in[ |
||
[ |
||
|
||
[ |
||
|
||
[ |
||
|
||
[ |
||
chapter. | ||
SECTION 4.002. Section 486.0142(b), Health and Safety Code, | ||
is amended to read as follows: | ||
(b) On application by a business establishment that engages | ||
in over-the-counter sales of products containing ephedrine, | ||
pseudoephedrine, or norpseudoephedrine [ |
||
|
||
department may grant that business establishment a temporary | ||
exemption, not to exceed 180 days, from the requirement of using a | ||
real-time electronic logging system under this chapter. | ||
SECTION 4.003. Section 486.012, Health and Safety Code, is | ||
repealed. | ||
ARTICLE 5. TITLE ATTORNEY LICENSE; ATTORNEY'S TITLE INSURANCE | ||
COMPANY | ||
SECTION 5.001. Section 35.001(2), Insurance Code, is | ||
amended to read as follows: | ||
(2) "Regulated entity" means each insurer, | ||
organization, person, or program regulated by the department, | ||
including: | ||
(A) a domestic or foreign, stock or mutual, life, | ||
health, or accident insurance company; | ||
(B) a domestic or foreign, stock or mutual, fire | ||
or casualty insurance company; | ||
(C) a Mexican casualty company; | ||
(D) a domestic or foreign Lloyd's plan; | ||
(E) a domestic or foreign reciprocal or | ||
interinsurance exchange; | ||
(F) a domestic or foreign fraternal benefit | ||
society; | ||
(G) a domestic or foreign title insurance | ||
company; | ||
(H) [ |
||
[ |
||
(I) [ |
||
(J) [ |
||
(K) [ |
||
(L) [ |
||
(M) [ |
||
(N) [ |
||
887.102; | ||
(O) [ |
||
dental service corporation, including a company subject to Chapter | ||
842; | ||
(P) [ |
||
(Q) [ |
||
(R) [ |
||
organization, person, or program described by this subdivision. | ||
SECTION 5.002. Section 82.002(a), Insurance Code, is | ||
amended to read as follows: | ||
(a) This chapter applies to each company regulated by the | ||
commissioner, including: | ||
(1) a domestic or foreign, stock or mutual, life, | ||
health, or accident insurance company; | ||
(2) a domestic or foreign, stock or mutual, fire or | ||
casualty insurance company; | ||
(3) a Mexican casualty company; | ||
(4) a domestic or foreign Lloyd's plan insurer; | ||
(5) a domestic or foreign reciprocal or interinsurance | ||
exchange; | ||
(6) a domestic or foreign fraternal benefit society; | ||
(7) a domestic or foreign title insurance company; | ||
(8) [ |
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[ |
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(9) [ |
||
(10) [ |
||
(11) [ |
||
(12) [ |
||
(13) [ |
||
(14) [ |
||
887.102; | ||
(15) [ |
||
service corporation, including a company subject to Chapter 842; | ||
(16) [ |
||
(17) [ |
||
SECTION 5.003. Section 83.002(a), Insurance Code, is | ||
amended to read as follows: | ||
(a) This chapter applies to each company regulated by the | ||
commissioner, including: | ||
(1) a domestic or foreign, stock or mutual, life, | ||
health, or accident insurance company; | ||
(2) a domestic or foreign, stock or mutual, fire or | ||
casualty insurance company; | ||
(3) a Mexican casualty company; | ||
(4) a domestic or foreign Lloyd's plan insurer; | ||
(5) a domestic or foreign reciprocal or interinsurance | ||
exchange; | ||
(6) a domestic or foreign fraternal benefit society; | ||
(7) a domestic or foreign title insurance company; | ||
(8) [ |
||
[ |
||
(9) [ |
||
(10) [ |
||
(11) [ |
||
(12) [ |
||
(13) [ |
||
887.102; | ||
(14) [ |
||
service corporation, including a company subject to Chapter 842; | ||
(15) [ |
||
(16) [ |
||
SECTION 5.004. Section 554.001, Insurance Code, is amended | ||
to read as follows: | ||
Sec. 554.001. APPLICABILITY OF CHAPTER. This chapter | ||
applies to each insurer or health maintenance organization engaged | ||
in the business of insurance or the business of a health maintenance | ||
organization in this state, regardless of form and however | ||
organized, including: | ||
(1) a stock life, health, or accident insurance | ||
company; | ||
(2) a mutual life, health, or accident insurance | ||
company; | ||
(3) a stock fire or casualty insurance company; | ||
(4) a mutual fire or casualty insurance company; | ||
(5) a Mexican casualty insurance company; | ||
(6) a Lloyd's plan; | ||
(7) a reciprocal or interinsurance exchange; | ||
(8) a fraternal benefit society; | ||
(9) a title insurance company; | ||
(10) [ |
||
[ |
||
(11) [ |
||
(12) [ |
||
(13) [ |
||
(14) [ |
||
(15) [ |
||
887.102; | ||
(16) [ |
||
service corporation, including a corporation subject to Chapter | ||
842; | ||
(17) [ |
||
(18) [ |
||
(19) [ |
||
organization engaged in the business of insurance or the business | ||
of a health maintenance organization in this state that does not | ||
hold a certificate of authority issued by the department or is not | ||
otherwise authorized to engage in business in this state. | ||
SECTION 5.005. Section 703.001, Insurance Code, is amended | ||
to read as follows: | ||
Sec. 703.001. DEFINITION. In this chapter, "covered | ||
entity" means a health maintenance organization or insurer | ||
regulated by the department, including: | ||
(1) a stock life, health, or accident insurance | ||
company; | ||
(2) a mutual life, health, or accident insurance | ||
company; | ||
(3) a stock fire or casualty insurance company; | ||
(4) a mutual fire or casualty insurance company; | ||
(5) a Mexican casualty insurance company; | ||
(6) a Lloyd's plan; | ||
(7) a reciprocal or interinsurance exchange; | ||
(8) a fraternal benefit society; | ||
(9) a title insurance company; | ||
(10) [ |
||
[ |
||
(11) [ |
||
(12) [ |
||
(13) [ |
||
(14) [ |
||
(15) [ |
||
887.102; | ||
(16) [ |
||
service corporation, including a corporation subject to Chapter | ||
842; | ||
(17) [ |
||
(18) [ |
||
SECTION 5.006. Section 802.051, Insurance Code, is amended | ||
to read as follows: | ||
Sec. 802.051. APPLICABILITY OF SUBCHAPTER. This subchapter | ||
applies to each company regulated by the commissioner, including: | ||
(1) a stock life, health, or accident insurance | ||
company; | ||
(2) a mutual life, health, or accident insurance | ||
company; | ||
(3) a stock fire or casualty insurance company; | ||
(4) a mutual fire or casualty insurance company; | ||
(5) a Mexican casualty company; | ||
(6) a Lloyd's plan; | ||
(7) a reciprocal or interinsurance exchange; | ||
(8) a fraternal benefit society; | ||
(9) a title insurance company; | ||
(10) [ |
||
[ |
||
(11) [ |
||
(12) [ |
||
(13) [ |
||
(14) [ |
||
(15) [ |
||
(16) [ |
||
887.102; | ||
(17) [ |
||
service corporation, including a company subject to Chapter 842; | ||
(18) [ |
||
(19) [ |
||
SECTION 5.007. Section 2551.053(a), Insurance Code, is | ||
amended to read as follows: | ||
(a) A [ |
||
insurance company must have a paid-up capital of at least $1 million | ||
and a surplus of at least $1 million. | ||
SECTION 5.008. Section 2602.003(2), Insurance Code, is | ||
amended to read as follows: | ||
(2) "Agent" includes: | ||
(A) a title insurance agent, as defined by | ||
Section 2501.003; and | ||
(B) [ |
||
|
||
[ |
||
company's wholly owned subsidiary or affiliate that performs the | ||
services usually and customarily performed by a title insurance | ||
agent. | ||
SECTION 5.009. Chapter 2552, Insurance Code, is repealed. | ||
SECTION 5.010. The changes in law made by this article do | ||
not affect the right of any individual licensed before the | ||
effective date of this Act to engage in the applicable occupation | ||
for the remainder of the term for which the license was issued. | ||
ARTICLE 6. EMERGENCY MANAGING GENERAL AGENT LICENSE | ||
SECTION 6.001. Section 4053.052, Insurance Code, is | ||
repealed. | ||
SECTION 6.002. The changes in law made by this article do | ||
not affect the right of any individual licensed before the | ||
effective date of this Act to engage in the applicable occupation | ||
for the remainder of the term for which the license was issued. | ||
ARTICLE 7. TEMPORARY COMMON WORKER EMPLOYERS | ||
SECTION 7.001. Section 92.001(a), Labor Code, is amended to | ||
read as follows: | ||
(a) The legislature finds that this chapter is necessary to: | ||
(1) provide for the health, safety, and welfare of | ||
common workers throughout this state; and | ||
(2) establish uniform standards of conduct and | ||
practice for temporary common worker [ |
||
state. | ||
SECTION 7.002. Section 92.002, Labor Code, is amended by | ||
amending Subdivision (6) and adding Subdivision (6-a) to read as | ||
follows: | ||
(6) "Labor hall" means a central location maintained | ||
by a temporary common worker employer [ |
||
workers assemble and are dispatched to work for a user of common | ||
workers. | ||
(6-a) "Municipality" has the meaning assigned by | ||
Section 1.005, Local Government Code. | ||
SECTION 7.003. The heading to Subchapter B, Chapter 92, | ||
Labor Code, is amended to read as follows: | ||
SUBCHAPTER B. AUTHORITY TO OPERATE [ |
||
SECTION 7.004. Subchapter B, Chapter 92, Labor Code, is | ||
amended by adding Section 92.0115 to read as follows: | ||
Sec. 92.0115. AUTHORITY TO OPERATE. Subject to Section | ||
92.013 and unless prohibited by a governmental subdivision, a | ||
person may operate as a temporary common worker employer in this | ||
state if the person meets the requirements of this chapter. | ||
SECTION 7.005. The heading to Section 92.012, Labor Code, | ||
is amended to read as follows: | ||
Sec. 92.012. EXEMPTIONS [ |
||
SECTION 7.006. Section 92.013(b), Labor Code, is amended to | ||
read as follows: | ||
(b) A municipality with a population greater than one | ||
million may establish municipal [ |
||
impose stricter standards of conduct and practice than those | ||
imposed under Subchapter C. | ||
SECTION 7.007. The heading to Subchapter C, Chapter 92, | ||
Labor Code, is amended to read as follows: | ||
SUBCHAPTER C. STANDARDS OF CONDUCT AND PRACTICE [ |
||
|
||
SECTION 7.008. Section 92.021, Labor Code, is amended to | ||
read as follows: | ||
Sec. 92.021. POWERS AND DUTIES OF [ |
||
EMPLOYER. (a) Each temporary common worker employer [ |
||
|
||
temporary common worker employer [ |
||
(b) A temporary common worker employer [ |
||
hire, reassign, control, direct, and discharge the employees of the | ||
temporary common worker employer [ |
||
SECTION 7.009. Section 92.022, Labor Code, is amended to | ||
read as follows: | ||
Sec. 92.022. REQUIRED RECORDS; CONFIDENTIALITY. (a) Each | ||
temporary common worker employer [ |
||
and make available to a governmental subdivision [ |
||
|
||
by the temporary common worker employer [ |
||
of common workers: | ||
(1) the name and address of the worker; | ||
(2) the hours worked; | ||
(3) the places at which the work was performed; | ||
(4) the wages paid to the worker; and | ||
(5) any deductions made from those wages. | ||
(b) The temporary common worker employer [ |
||
shall maintain the records at least until the second anniversary of | ||
the date on which the worker was last employed by the temporary | ||
common worker employer [ |
||
(c) Information received by the governmental subdivision | ||
[ |
||
confidential and is for the exclusive use of the governmental | ||
subdivision [ |
||
disclosed to any other person except on the entry of a court order | ||
requiring disclosure or on the written consent of a person under | ||
investigation who is the subject of the records. | ||
SECTION 7.010. Section 92.023(b), Labor Code, is amended to | ||
read as follows: | ||
(b) Each temporary common worker employer [ |
||
shall [ |
||
on which the temporary common worker employer operates a notice of | ||
any charge permitted under this chapter that the temporary common | ||
worker employer [ |
||
for equipment, tools, transportation, or other work-related | ||
services. | ||
SECTION 7.011. Section 92.024, Labor Code, is amended to | ||
read as follows: | ||
Sec. 92.024. LABOR HALL REQUIREMENTS. A temporary common | ||
worker employer [ |
||
of a [ |
||
employer operates shall provide adequate facilities for a worker | ||
waiting for a job assignment. The facilities must include: | ||
(1) restroom facilities for both men and women; | ||
(2) drinking water; | ||
(3) sufficient seating; and | ||
(4) access to vending refreshments and food. | ||
SECTION 7.012. Section 92.025, Labor Code, is amended to | ||
read as follows: | ||
Sec. 92.025. CERTAIN CHARGES AND DEDUCTIONS PROHIBITED. | ||
(a) A temporary common worker employer [ |
||
charge a common worker for: | ||
(1) safety equipment, clothing, or accessories | ||
required by the nature of the work, either by law, custom, or the | ||
requirements of the user of common workers; | ||
(2) uniforms, special clothing, or other items | ||
required as a condition of employment by the user of common workers; | ||
(3) the cashing of a check or voucher; or | ||
(4) the receipt by the worker of earned wages. | ||
(b) A temporary common worker employer [ |
||
not deduct or withhold any amount from the earned wages of a common | ||
worker except: | ||
(1) a deduction required by federal or state law; or | ||
(2) a reimbursement for a cash advance made to the | ||
worker during the same pay period. | ||
SECTION 7.013. Chapter 92, Labor Code, is amended by adding | ||
Subchapter D to read as follows: | ||
SUBCHAPTER D. ENFORCEMENT | ||
Sec. 92.031. ENFORCEMENT. A governmental subdivision may | ||
enforce this chapter within the boundaries of the governmental | ||
subdivision. | ||
SECTION 7.014. The following provisions of the Labor Code | ||
are repealed: | ||
(1) Sections 92.002(1), (4), and (4-a); | ||
(2) Section 92.003; | ||
(3) Section 92.004; | ||
(4) Section 92.011; | ||
(5) Section 92.013(a); | ||
(6) Section 92.014; | ||
(7) Section 92.015; and | ||
(8) Section 92.023(a). | ||
SECTION 7.015. (a) An administrative proceeding pending | ||
under Chapter 51, Occupations Code, or Chapter 92, Labor Code, on | ||
the effective date of this Act related to a violation of Chapter 92, | ||
Labor 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 or the executive director of | ||
the Texas Department of Licensing and Regulation related to a | ||
violation of Chapter 92, Labor 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 92, Labor 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 on the date the offense was committed, | ||
and the former law is continued in effect for that purpose. For | ||
purposes of this subsection, an offense was committed before the | ||
effective date of this Act if any element of the offense was | ||
committed before that date. | ||
ARTICLE 8. FOR-PROFIT LEGAL SERVICE CONTRACT COMPANIES | ||
SECTION 8.001. Section 953.001(1), Occupations Code, is | ||
amended to read as follows: | ||
(1) "Administrator" means the person responsible for | ||
the administration of a legal service contract. [ |
||
|
||
SECTION 8.002. Section 953.156, Occupations Code, is | ||
amended to read as follows: | ||
Sec. 953.156. FORM OF LEGAL SERVICE CONTRACT AND REQUIRED | ||
DISCLOSURES. [ |
||
|
||
|
||
|
||
|
||
|
||
[ |
||
sale, administered, or issued in this state must: | ||
(1) be written, printed, or typed in clear, | ||
understandable language that is easy to read; | ||
(2) include the name and full address of the company; | ||
(3) include the purchase price of the contract and the | ||
terms under which the contract is sold; | ||
(4) include the terms and restrictions governing | ||
cancellation of the contract by the company or the legal service | ||
contract holder; | ||
(5) identify: | ||
(A) any administrator, if the administrator is | ||
not the company; | ||
(B) the sales representative; and | ||
(C) the name of the legal service contract | ||
holder; | ||
(6) include the amount of any deductible or copayment; | ||
(7) specify the legal services and other benefits to | ||
be provided under the contract, and any limitation, exception, or | ||
exclusion; | ||
(8) specify the legal services, if any, for which the | ||
company will provide reimbursement and the amount of that | ||
reimbursement; | ||
(9) specify any restriction governing the | ||
transferability of the contract or the assignment of benefits; | ||
(10) include the duties of the legal service contract | ||
holder; | ||
(11) [ |
||
|
||
|
||
|
||
[ |
||
legal service contract holder's complaints and grievances; | ||
(12) [ |
||
under the legal service contract; | ||
(13) [ |
||
in the contract is valid until the change has been approved by an | ||
executive officer of the company and unless the approval is | ||
endorsed or attached to the contract; | ||
(14) [ |
||
date requirements, including a definition of eligible dependents | ||
and the effective date of their coverage; | ||
(15) [ |
||
coverage will terminate; | ||
(16) [ |
||
(17) [ |
||
for a grace period of at least 31 days; and | ||
(18) [ |
||
rates may be modified[ |
||
[ |
||
|
||
SECTION 8.003. Section 953.162, Occupations Code, is | ||
amended to read as follows: | ||
Sec. 953.162. APPOINTMENT AND RESPONSIBILITIES OF | ||
ADMINISTRATOR. [ |
||
designate a person to be responsible for: | ||
(1) all or any part of the administration or sale of | ||
legal service contracts; and | ||
(2) compliance with this chapter. | ||
[ |
||
|
||
SECTION 8.004. Chapter 953, Occupations Code, is amended by | ||
adding Subchapter F to read as follows: | ||
SUBCHAPTER F. ENFORCEMENT | ||
Sec. 953.251. DECEPTIVE TRADE PRACTICE. A violation of | ||
this chapter is a deceptive trade practice actionable under | ||
Subchapter E, Chapter 17, Business & Commerce Code. | ||
SECTION 8.005. The following provisions of the Occupations | ||
Code are repealed: | ||
(1) Sections 953.001(4), (5), and (6); | ||
(2) Sections 953.004, 953.005, and 953.155; and | ||
(3) Subchapters B, C, and E, Chapter 953. | ||
SECTION 8.006. (a) On the effective date of this article, | ||
a registration issued under former Subchapter B, Chapter 953, | ||
Occupations Code, expires. | ||
(b) On the effective date of this article, a pending | ||
proceeding under Chapter 953, Occupations Code, including a | ||
complaint investigation, disciplinary action, or administrative | ||
penalty proceeding, relating to a registration issued under former | ||
Subchapter B, Chapter 953, Occupations Code, or relating to another | ||
former provision of Chapter 953, Occupations Code, that is repealed | ||
by this article, is dismissed. | ||
SECTION 8.007. This article takes effect September 1, 2019. | ||
ARTICLE 9. PLUMBING | ||
SECTION 9.001. Section 1301.704, Occupations Code, is | ||
amended by adding Subsections (c) and (d) to read as follows: | ||
(c) Failure to request a hearing or accept the determination | ||
and recommended penalty within the time provided by this section | ||
waives the right to a hearing under this chapter. | ||
(d) If the board determines without a hearing that the | ||
person committed a violation and a penalty is to be imposed, the | ||
board shall: | ||
(1) provide written notice to the person of the board's | ||
findings; and | ||
(2) enter an order requiring the person to pay the | ||
recommended penalty. | ||
SECTION 9.002. Section 1301.705(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) If the person requests a hearing [ |
||
|
||
a hearing and give written notice of the hearing to the person. An | ||
administrative law judge of the State Office of Administrative | ||
Hearings shall hold the hearing. | ||
SECTION 9.003. The change in law made by this article to | ||
Section 1301.704, Occupations Code, applies only to imposition of | ||
an administrative penalty against a person who receives notice | ||
under Section 1301.703(b), Occupations Code, on or after the | ||
effective date of this Act. An administrative penalty for which | ||
notice under that section is received before the effective date of | ||
this Act is governed by the law in effect on the date the notice was | ||
received, and the former law is continued in effect for that | ||
purpose. | ||
ARTICLE 10. BARBERING AND COSMETOLOGY | ||
SECTION 10.001. Section 1601.002, Occupations Code, is | ||
amended to read as follows: | ||
Sec. 1601.002. DEFINITION OF BARBERING. In this chapter, | ||
"barbering," "practicing barbering," or the "practice of | ||
barbering" means: | ||
(1) performing or offering or attempting to perform | ||
for compensation or the promise of compensation any of the | ||
following services: | ||
(A) treating a person's mustache or beard by | ||
arranging, beautifying, coloring, processing, shaving, styling, or | ||
trimming; | ||
(B) treating a person's hair by: | ||
(i) arranging, beautifying, bleaching, | ||
cleansing, coloring, curling, dressing, dyeing, processing, | ||
[ |
||
or waving; | ||
(ii) providing a necessary service that is | ||
preparatory or ancillary to a service under Subparagraph (i), | ||
including bobbing, clipping, cutting, or trimming; or | ||
(iii) cutting the person's hair as a | ||
separate and independent service for which a charge is directly or | ||
indirectly made separately from a charge for any other service; | ||
(C) cleansing, stimulating, or massaging a | ||
person's scalp, face, neck, arms, or shoulders: | ||
(i) by hand or by using a device, apparatus, | ||
or appliance; and | ||
(ii) with or without the use of any cosmetic | ||
preparation, antiseptic, tonic, lotion, or cream; | ||
(D) beautifying a person's face, neck, arms, or | ||
shoulders using a cosmetic preparation, antiseptic, tonic, lotion, | ||
powder, oil, clay, cream, or appliance; | ||
(E) treating a person's nails by: | ||
(i) cutting, trimming, polishing, tinting, | ||
coloring, cleansing, manicuring, or pedicuring; or | ||
(ii) attaching false nails; | ||
(F) massaging, cleansing, treating, or | ||
beautifying a person's hands; | ||
(G) administering facial treatments; | ||
(H) weaving a person's hair by using any method | ||
to attach commercial hair to a person's hair or scalp; or | ||
(I) [ |
||
|
||
[ |
||
(B) a person's wig, toupee, or artificial hairpiece on a person's | ||
head or on a block after the initial retail sale; | ||
(2) advertising or representing to the public in any | ||
manner that a person is a barber or is authorized to practice | ||
barbering; or | ||
(3) advertising or representing to the public in any | ||
manner that a location or place of business is a barbershop, | ||
specialty shop, or barber school. | ||
SECTION 10.002. Subchapter A, Chapter 1601, Occupations | ||
Code, is amended by adding Section 1601.0025 to read as follows: | ||
Sec. 1601.0025. SERVICES NOT CONSTITUTING BARBERING. | ||
Notwithstanding Section 1601.002, "barbering," "practicing | ||
barbering," and "practice of barbering" do not include threading, | ||
which involves removing unwanted hair from a person by using a piece | ||
of thread that is looped around the hair and pulled to remove the | ||
hair and includes the incidental trimming of eyebrow hair. | ||
SECTION 10.003. Section 1601.256(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) A person holding a barber technician license may: | ||
(1) perform only barbering as defined by Sections | ||
1601.002(1)(C), (D), (F), and (G)[ |
||
(2) practice only at a location that has been issued a | ||
barbershop permit. | ||
SECTION 10.004. Section 1601.353, Occupations Code, is | ||
amended to read as follows: | ||
Sec. 1601.353. REQUIRED FACILITIES AND EQUIPMENT. The | ||
department may approve an application for a permit for a barber | ||
school if the school meets the health and safety standards | ||
established by the commission. The commission may not establish | ||
building or facility standards that are not related to health and | ||
safety, including a requirement that a facility have a specific: | ||
(1) square footage of floor space [ |
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[ |
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|
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|
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|
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|
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[ |
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|
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|
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|
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(2) number of chairs [ |
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[ |
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[ |
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[ |
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[ |
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[ |
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(3) number of sinks [ |
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SECTION 10.005. Section 1602.002(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) In this chapter, "cosmetology" means the practice of | ||
performing or offering to perform for compensation any of the | ||
following services: | ||
(1) treating a person's hair by: | ||
(A) providing any method of treatment as a | ||
primary service, including arranging, beautifying, bleaching, | ||
cleansing, coloring, cutting, dressing, dyeing, processing, | ||
[ |
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or waving; | ||
(B) providing a necessary service that is | ||
preparatory or ancillary to a service under Paragraph (A), | ||
including bobbing, clipping, cutting, or trimming a person's hair | ||
or shaving a person's neck with a safety razor; or | ||
(C) cutting the person's hair as a separate and | ||
independent service for which a charge is directly or indirectly | ||
made separately from charges for any other service; | ||
(2) [ |
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[ |
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on a person's head or on a block after the initial retail sale and | ||
servicing in any manner listed in Subdivision (1); | ||
(3) [ |
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arranging, beautifying, coloring, processing, styling, trimming, | ||
or shaving with a safety razor; | ||
(4) [ |
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person's scalp, face, neck, or arms: | ||
(A) by hand or by using a device, apparatus, or | ||
appliance; and | ||
(B) with or without the use of any cosmetic | ||
preparation, antiseptic, tonic, lotion, or cream; | ||
(5) [ |
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using a cosmetic preparation, antiseptic, tonic, lotion, powder, | ||
oil, clay, cream, or appliance; | ||
(6) [ |
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(7) [ |
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body using depilatories, preparations or chemicals, tweezers, or | ||
other devices or appliances of any kind or description [ |
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(8) [ |
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(A) cutting, trimming, polishing, tinting, | ||
coloring, cleansing, or manicuring; or | ||
(B) attaching false nails; | ||
(9) [ |
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beautifying a person's hands or feet; | ||
(10) [ |
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extensions composed of single fibers to a person's eyelashes; or | ||
(11) [ |
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SECTION 10.006. Subchapter A, Chapter 1602, Occupations | ||
Code, is amended by adding Section 1602.0025 to read as follows: | ||
Sec. 1602.0025. SERVICES NOT CONSTITUTING COSMETOLOGY. | ||
Notwithstanding Section 1602.002(a), "cosmetology" does not | ||
include threading, which involves removing unwanted hair from a | ||
person by using a piece of thread that is looped around the hair and | ||
pulled to remove the hair and includes the incidental trimming of | ||
eyebrow hair. | ||
SECTION 10.007. 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)(5), (7), (8), and (10) | ||
[ |
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SECTION 10.008. Section 1602.256(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) A person holding a manicurist specialty license may | ||
perform only the practice of cosmetology defined in Section | ||
1602.002(a)(8) or (9) [ |
||
SECTION 10.009. Section 1602.257(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) A person holding an esthetician specialty license may | ||
perform only the practice of cosmetology defined in Sections | ||
1602.002(a)(4), (5), (6), (7), and (10) [ |
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SECTION 10.010. Section 1602.2571(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) A person holding a specialty license in eyelash | ||
extension application may perform only the practice of cosmetology | ||
defined in Section 1602.002(a)(10) [ |
||
SECTION 10.011. Section 1602.259(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) A person holding a hair weaving specialty certificate | ||
may perform only the practice of cosmetology defined in Section | ||
1602.002(a)(11) [ |
||
SECTION 10.012. Section 1602.260(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) A person holding a wig specialty certificate may perform | ||
only the practice of cosmetology defined in Section 1602.002(a)(2) | ||
[ |
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SECTION 10.013. 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 (9) [ |
||
SECTION 10.014. Section 1602.303, Occupations Code, is | ||
amended by amending Subsections (b) and (c) and adding Subsection | ||
(d) to read as follows: | ||
(b) An application for a private beauty culture school | ||
license must be accompanied by the required license fee and | ||
inspection fee and: | ||
(1) be on a form prescribed by the department; | ||
(2) be verified by the applicant; and | ||
(3) contain a statement that the building meets the | ||
health and safety standards established by the commission[ |
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[ |
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[ |
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[ |
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[ |
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[ |
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[ |
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[ |
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[ |
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(c) The applicant is entitled to a private beauty culture | ||
school license if: | ||
(1) the department determines that the applicant is | ||
financially sound and capable of fulfilling the school's | ||
commitments for training; | ||
(2) the applicant's facilities meet the health and | ||
safety standards established by the commission and pass an | ||
inspection conducted by the department under Section 1603.103; and | ||
(3) the applicant has not committed an act that | ||
constitutes a ground for denial of a license. | ||
(d) The commission may not establish building or facility | ||
standards that are not related to health and safety, including a | ||
requirement that a facility have a specific: | ||
(1) square footage of floor space; | ||
(2) number of chairs; or | ||
(3) number of sinks. | ||
SECTION 10.015. 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), (5), (7), (8), or (10) | ||
[ |
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SECTION 10.016. Section 1602.354(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) The commission will by rule recognize, prepare, or | ||
administer continuing education programs for the practice of | ||
cosmetology. Participation in the programs is mandatory for all | ||
license renewals [ |
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|
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SECTION 10.017. Section 1602.403(c), Occupations Code, is | ||
amended to read as follows: | ||
(c) A person holding a beauty shop license or specialty shop | ||
license may not employ[ |
||
[ |
||
a person who acts as an operator or specialist unless the person | ||
holds a license or certificate under this chapter or under Chapter | ||
1601[ |
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[ |
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SECTION 10.018. Section 1603.351, Occupations Code, is | ||
amended by adding Subsection (a-1) to read as follows: | ||
(a-1) Notwithstanding any other law, the commission may | ||
adopt rules to: | ||
(1) authorize a school licensed under this chapter, | ||
Chapter 1601, or Chapter 1602 to account for any hours of | ||
instruction completed under those chapters on the basis of clock | ||
hours or credit hours; and | ||
(2) establish standards for determining the | ||
equivalency and conversion of clock hours to credit hours and | ||
credit hours to clock hours. | ||
SECTION 10.019. Section 1603.352(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) A person who holds a license, certificate, or permit | ||
issued under this chapter, Chapter 1601, or Chapter 1602 and who | ||
performs a barbering service described by Section 1601.002(1)(E) or | ||
(F) or a cosmetology service described by Section 1602.002(a)(8) or | ||
(9) [ |
||
clean, disinfect, and sterilize with an autoclave or dry heat | ||
sterilizer or sanitize with an ultraviolet sanitizer, in accordance | ||
with the sterilizer or sanitizer manufacturer's instructions, each | ||
metal instrument, including metal nail clippers, cuticle pushers, | ||
cuticle nippers, and other metal instruments, used to perform the | ||
service. | ||
SECTION 10.020. The following provisions of the Occupations | ||
Code are repealed: | ||
(1) Section 1601.260(c); | ||
(2) Section 1601.261; | ||
(3) Section 1601.301(c); | ||
(4) Section 1602.266(c); | ||
(5) Section 1602.267; | ||
(6) Section 1602.301(c); and | ||
(7) Section 1602.456(b-1). | ||
SECTION 10.021. On the effective date of this Act: | ||
(1) a shampoo apprentice permit issued under former | ||
Section 1601.261 or 1602.267, Occupations Code, expires; and | ||
(2) a shampoo specialty certificate issued under | ||
Chapter 1602 expires. | ||
SECTION 10.022. As soon as practicable after the effective | ||
date of this Act, the Texas Commission of Licensing and Regulation | ||
shall adopt rules to implement Sections 1601.353 and 1602.303, | ||
Occupations Code, as amended by this article. | ||
SECTION 10.023. (a) The changes in law made by this Act to | ||
Chapters 1601, 1602, and 1603, Occupations Code, do 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 under | ||
Chapter 1601, 1602, or 1603, Occupations Code, 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. VOLUNTEER SECURITY SERVICES | ||
SECTION 11.001. Subchapter N, Chapter 1702, Occupations | ||
Code, is amended by adding Section 1702.333 to read as follows: | ||
Sec. 1702.333. PLACE OF RELIGIOUS WORSHIP; CERTAIN | ||
VOLUNTEERS. (a) In this section, "volunteer security services" | ||
means services or activities that are: | ||
(1) regulated under this chapter; and | ||
(2) provided without compensation or remuneration. | ||
(b) This chapter does not apply to a person who is providing | ||
volunteer security services on the premises of a church, synagogue, | ||
or other established place of religious worship. | ||
(c) While providing volunteer security services under | ||
Subsection (b), a person may not wear a uniform or badge that: | ||
(1) contains the word "security"; or | ||
(2) gives the person the appearance of being a peace | ||
officer, personal protection officer, or security officer. | ||
ARTICLE 12. BINGO UNIT MANAGER LICENSE | ||
SECTION 12.001. Section 2001.431(4), Occupations Code, is | ||
amended to read as follows: | ||
(4) "Unit manager" means an individual who is | ||
[ |
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revenues, authorized expenses, and inventory of a unit. | ||
SECTION 12.002. The heading to Section 2001.437, | ||
Occupations Code, is amended to read as follows: | ||
Sec. 2001.437. UNIT MANAGER[ |
||
SECTION 12.003. Section 2001.437(c), Occupations Code, is | ||
amended to read as follows: | ||
(c) [ |
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|
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|
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person designated as an agent under Section 2001.438(b) is not a | ||
unit manager on account of that designation for purposes of this | ||
section. | ||
SECTION 12.004. Sections 2001.437(d), (e), (f), and (g), | ||
Occupations Code, are repealed. | ||
SECTION 12.005. The changes in law made by this article do | ||
not affect the right of any individual licensed before the | ||
effective date of this Act to engage in the applicable occupation | ||
for the remainder of the term for which the license was issued. | ||
ARTICLE 13. AGRICULTURAL, INDUSTRIAL, AND WILDLIFE CONTROL | ||
FIREWORKS PERMIT | ||
SECTION 13.001. Section 2154.152(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) A person must be a licensed distributor if the person: | ||
(1) imports into this state or stores, possesses, and | ||
sells Fireworks 1.3G to a licensed pyrotechnic operator or | ||
distributor or to a single public display or[ |
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display[ |
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(2) imports or stores, possesses, and sells Fireworks | ||
1.4G to a licensed jobber, retailer, or distributor in this state. | ||
SECTION 13.002. Section 2154.251(b), Occupations Code, is | ||
amended to read as follows: | ||
(b) A person may not manufacture, distribute, sell, or use | ||
fireworks in a public fireworks display [ |
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|
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license or permit. Fireworks manufactured, distributed, sold, or | ||
used without an appropriate license or permit are illegal | ||
fireworks. | ||
SECTION 13.003. Section 2154.203, Occupations Code, is | ||
repealed. | ||
ARTICLE 14. MOTOR VEHICLE TOWING, BOOTING, AND STORAGE | ||
SECTION 14.001. Section 2303.058, Occupations Code, is | ||
amended to read as follows: | ||
Sec. 2303.058. ADVISORY BOARD. The Towing and[ |
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commission in adopting vehicle storage rules under this chapter. | ||
SECTION 14.002. Section 2308.002, Occupations Code, is | ||
amended by amending Subdivisions (1) and (8-a) and adding | ||
Subdivisions (5-b) and (8-b) to read as follows: | ||
(1) "Advisory board" means the Towing and[ |
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(5-b) "Local authority" means a state or local | ||
governmental entity authorized to regulate traffic or parking and | ||
includes: | ||
(A) an institution of higher education; and | ||
(B) a political subdivision, including a county, | ||
municipality, special district, junior college district, housing | ||
authority, or other political subdivision of this state. | ||
(8-a) "Peace officer" means a person who is a peace | ||
officer under Article 2.12, Code of Criminal Procedure. | ||
(8-b) "Private property tow" means any tow of a | ||
vehicle authorized by a parking facility owner without the consent | ||
of the owner or operator of the vehicle. | ||
SECTION 14.003. Effective September 1, 2018, Section | ||
2308.004, Occupations Code, is amended to read as follows: | ||
Sec. 2308.004. EXEMPTION. Sections 2308.151(b), | ||
2308.2085, 2308.257, and 2308.258 do [ |
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apply to: | ||
(1) a person who, while exercising a statutory or | ||
contractual lien right with regard to a vehicle: | ||
(A) [ |
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(B) [ |
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installation and removal of one or more boots; or[ |
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(2) [ |
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office building owner or manager who installs or removes a boot in | ||
the building's parking facility. | ||
SECTION 14.004. Section 2308.051(a), Occupations Code, as | ||
amended by Chapters 457 (H.B. 2548) and 845 (S.B. 2153), Acts of the | ||
81st Legislature, Regular Session, 2009, is reenacted and amended | ||
to read as follows: | ||
(a) The advisory board consists of the following members | ||
appointed by the presiding officer of the commission with the | ||
approval of the commission: | ||
(1) one representative of a towing company operating | ||
in a county with a population of less than one million; | ||
(2) one representative of a towing company operating | ||
in a county with a population of one million or more; | ||
(3) one representative [ |
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facility located in a county with a population of less than one | ||
million; | ||
(4) one representative [ |
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facility located in a county with a population of one million or | ||
more; | ||
(5) one parking facility representative [ |
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(6) one peace officer [ |
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county with a population of less than one million; | ||
(7) one peace officer [ |
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county with a population of one million or more; | ||
(8) one representative of a member insurer, as defined | ||
by Section 462.004, Insurance Code, of the Texas Property and | ||
Casualty Insurance Guaranty Association who writes [ |
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and | ||
[ |
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(9) one person who operates both a towing company and a | ||
vehicle storage facility [ |
||
SECTION 14.005. Effective September 1, 2018, Section | ||
2308.151, Occupations Code, is amended to read as follows: | ||
Sec. 2308.151. LICENSE OR LOCAL AUTHORIZATION REQUIRED. | ||
(a) Unless the person holds an appropriate license under this | ||
subchapter, a person may not: | ||
(1) perform towing operations; or | ||
(2) operate a towing company.[ |
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(b) Unless prohibited by a local authority under Section | ||
2308.2085, a person may: | ||
(1) [ |
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(2) [ |
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SECTION 14.006. Section 2308.205(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) A towing company that makes a nonconsent tow shall tow | ||
the vehicle to a vehicle storage facility that is operated by a | ||
person who holds a license to operate the facility under Chapter | ||
2303, unless: | ||
(1) the towing company agrees to take the vehicle to a | ||
location designated by the vehicle's owner; or | ||
(2) the vehicle is towed under Section 2308.259(b). | ||
SECTION 14.007. Section 2308.2085, Occupations Code, is | ||
amended to read as follows: | ||
Sec. 2308.2085. LOCAL AUTHORITY REGULATION OF [ |
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|
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areas in which the entity regulates parking or traffic, [ |
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|
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(1) operation of booting companies and operators that | ||
operate on a parking facility; | ||
(2) any permit and sign requirements in connection | ||
with the booting of a vehicle; and | ||
(3) [ |
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[ |
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charged in connection with the booting of a vehicle[ |
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(b) Regulations adopted under this section must: | ||
(1) incorporate the requirements of Sections 2308.257 | ||
and 2308.258; | ||
(2) include procedures for vehicle owners and | ||
operators to file a complaint with the local authority regarding a | ||
booting company or operator; and | ||
(3) provide for the imposition of a penalty on a | ||
booting company or operator for a violation of Section 2308.258 | ||
[ |
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SECTION 14.008. Section 2308.255, Occupations Code, is | ||
amended to read as follows: | ||
Sec. 2308.255. TOWING COMPANY'S [ |
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AUTHORITY TO TOW [ |
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(a) A towing company [ |
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|
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unauthorized vehicle, tow the vehicle to [ |
||
vehicle at a vehicle storage facility at the expense of the owner or | ||
operator of the vehicle if: | ||
(1) the towing company has received written | ||
verification from the parking facility owner that: | ||
(A) [ |
||
the signs required by Section 2308.252(a)(1) are posted; or | ||
(B) the owner or operator received notice under | ||
Section 2308.252(a)(2) or the parking facility owner gave notice | ||
complying with Section 2308.252(a)(3); or | ||
(2) on request the parking facility owner provides to | ||
the owner or operator of the vehicle information on the name of the | ||
towing company and vehicle storage facility that will be used to tow | ||
[ |
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(A) left in violation of Section 2308.251; | ||
(B) in or obstructing a portion of a paved | ||
driveway; or | ||
(C) on a public roadway used for entering or | ||
exiting the facility and the tow [ |
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officer. | ||
(b) A towing company may not tow [ |
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vehicle except under: | ||
(1) this chapter; | ||
(2) a municipal ordinance that complies with Section | ||
2308.208; or | ||
(3) the direction of: | ||
(A) a peace officer; or | ||
(B) the owner or operator of the vehicle. | ||
(c) Only a towing company that is insured against liability | ||
for property damage incurred in towing a vehicle may tow [ |
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and store an unauthorized vehicle under this section. | ||
(d) A towing company may tow [ |
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under Subsection (a) [ |
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|
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(1) requests that the towing company tow [ |
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store [ |
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(2) has a standing written agreement with the towing | ||
company [ |
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parking facility. | ||
(e) When a tow truck is used for a nonconsent tow authorized | ||
by a peace officer under Section 545.3051, Transportation Code, the | ||
operator of the tow truck and the towing company are agents of the | ||
law enforcement agency and are subject to Section 545.3051(e), | ||
Transportation Code. | ||
SECTION 14.009. Section 2308.257(b), Occupations Code, is | ||
amended to read as follows: | ||
(b) A boot operator that installs a boot on a vehicle must | ||
affix a conspicuous notice to the vehicle's front windshield or | ||
driver's side window stating: | ||
(1) that the vehicle has been booted and damage may | ||
occur if the vehicle is moved; | ||
(2) the date and time the boot was installed; | ||
(3) the name, address, and telephone number of the | ||
booting company; | ||
(4) a telephone number that is answered 24 hours a day | ||
to enable the owner or operator of the vehicle to arrange for | ||
removal of the boot; | ||
(5) the amount of the fee for removal of the boot and | ||
any associated parking fees; [ |
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(6) notice of the right of a vehicle owner or vehicle | ||
operator to a hearing under Subchapter J; and | ||
(7) in the manner prescribed by the local authority, | ||
notice of the procedure to file a complaint with the local authority | ||
for violation of this chapter by a boot operator. | ||
SECTION 14.010. Subchapter F, Chapter 2308, Occupations | ||
Code, is amended by adding Sections 2308.258 and 2308.259 to read as | ||
follows: | ||
Sec. 2308.258. BOOT REMOVAL. (a) A booting company | ||
responsible for the installation of a boot on a vehicle shall remove | ||
the boot not later than one hour after the time the owner or | ||
operator of the vehicle contacts the company to request removal of | ||
the boot. | ||
(b) A booting company shall waive the amount of the fee for | ||
removal of a boot, excluding any associated parking fees, if the | ||
company fails to have the boot removed within the time prescribed by | ||
Subsection (a). | ||
(c) A booting company responsible for the installation of | ||
more than one boot on a vehicle may not charge a total amount for the | ||
removal of the boots that is greater than the amount of the fee for | ||
the removal of a single boot. | ||
Sec. 2308.259. TOWING COMPANY'S AUTHORITY TO TOW VEHICLE | ||
FROM UNIVERSITY PARKING FACILITY. (a) In this section: | ||
(1) "Special event" means a university-sanctioned, | ||
on-campus activity, including parking lot maintenance. | ||
(2) "University" means: | ||
(A) a public senior college or university, as | ||
defined by Section 61.003, Education Code; or | ||
(B) a private or independent institution of | ||
higher education, as defined by Section 61.003, Education Code. | ||
(b) Subject to Subsection (c), an individual designated by a | ||
university may, to facilitate a special event, request that a | ||
vehicle parked at a university parking facility be towed to another | ||
location on the university campus. | ||
(c) A vehicle may not be towed under Subsection (b) unless | ||
signs complying with this section are installed on the parking | ||
facility for the 72 hours preceding towing enforcement for the | ||
special event and for 48 hours after the conclusion of the special | ||
event. | ||
(d) Each sign required under Subsection (c) must: | ||
(1) contain: | ||
(A) a statement of: | ||
(i) the nature of the special event; and | ||
(ii) the dates and hours of towing | ||
enforcement; and | ||
(B) the number, including the area code, of a | ||
telephone that is answered 24 hours a day to identify the location | ||
of a towed vehicle; | ||
(2) face and be conspicuously visible to the driver of | ||
a vehicle that enters the facility; | ||
(3) be located: | ||
(A) on the right or left side of each driveway or | ||
curb-cut through which a vehicle can enter the facility, including | ||
an entry from an alley abutting the facility; or | ||
(B) at intervals along the entrance so that no | ||
entrance is farther than 25 feet from a sign if: | ||
(i) curbs, access barriers, landscaping, or | ||
driveways do not establish definite vehicle entrances onto a | ||
parking facility from a public roadway other than an alley; and | ||
(ii) the width of an entrance exceeds 35 | ||
feet; | ||
(4) be made of weather-resistant material; | ||
(5) be at least 18 inches wide and 24 inches tall; | ||
(6) be mounted on a pole, post, wall, or free-standing | ||
board; and | ||
(7) be installed so that the bottom edge of the sign is | ||
no lower than two feet and no higher than six feet above ground | ||
level. | ||
(e) If a vehicle is towed under Subsection (b), personnel | ||
must be available to: | ||
(1) release the vehicle within two hours after a | ||
request for release of the vehicle; and | ||
(2) accept any payment required for the release of the | ||
vehicle. | ||
(f) A university may not charge a fee for a tow under | ||
Subsection (b) that exceeds 75 percent of the private property tow | ||
fee established under Section 2308.0575. | ||
(g) A vehicle towed under Subsection (b) that is not claimed | ||
by the vehicle owner or operator within 48 hours after the | ||
conclusion of the special event may only be towed: | ||
(1) without further expense to the vehicle owner or | ||
operator; and | ||
(2) to another location on the university campus. | ||
(h) The university must notify the owner or operator of a | ||
vehicle towed under Subsection (b) of the right of the vehicle owner | ||
or operator to a hearing under Subchapter J. | ||
SECTION 14.011. The heading to Subchapter I, Chapter 2308, | ||
Occupations Code, is amended to read as follows: | ||
SUBCHAPTER I. REGULATION OF TOWING COMPANIES[ |
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AND PARKING FACILITY OWNERS | ||
SECTION 14.012. (a) The following provisions of the | ||
Occupations Code are repealed: | ||
(1) Section 2308.002(9); and | ||
(2) Section 2308.103(d). | ||
(b) Effective September 1, 2018, Sections 2308.1555 and | ||
2308.1556, Occupations Code, are repealed. | ||
SECTION 14.013. (a) On September 1, 2018, a license issued | ||
under former Section 2308.1555 or 2308.1556, Occupations Code, | ||
expires. | ||
(b) The changes in law made by this article to Section | ||
2308.051(a), Occupations Code, regarding the qualifications for a | ||
member of the Towing and Storage Advisory Board do not affect the | ||
entitlement of a member serving on the board immediately before the | ||
effective date of this article to continue to serve and function as | ||
a member of the board for the remainder of the member's term. When | ||
board vacancies occur on or after the effective date of this | ||
article, the presiding officer of the Texas Commission of Licensing | ||
and Regulation shall appoint new members to the board in a manner | ||
that reflects the changes in law made by this article. | ||
(c) The changes in law made by this article to Section | ||
2308.255, Occupations Code, do not apply to the booting of a vehicle | ||
pursuant to a standing written agreement between a booting company | ||
and a parking facility owner entered into before the effective date | ||
of this article. The booting of a vehicle pursuant to a standing | ||
written agreement entered into before the effective date of this | ||
article is governed by the law as it existed immediately before the | ||
effective date of this article, and that law is continued in effect | ||
for that purpose. | ||
SECTION 14.014. Except as otherwise provided by this | ||
article, this article takes effect immediately if this Act receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
article takes effect September 1, 2017. | ||
ARTICLE 15. CERTAIN LOCAL TRANSPORTATION ENTITIES AND CONTRACTS | ||
SECTION 15.001. (a) This article applies only to a county | ||
board of education, board of county trustees, or office of county | ||
school superintendent that provides transportation services in a | ||
county with a population of 2.2 million or more. | ||
(b) If on the effective date of this Act there is an existing | ||
contract for transportation services to which a county board of | ||
education, board of county trustees, or office of county school | ||
superintendent is a party, it shall be wound down in the manner | ||
described by Subsections (c)-(r) of this section. | ||
(c) Each county board of education, board of county school | ||
trustees, and office of county school superintendent in a county | ||
with a population of 2.2 million or more and that is adjacent to a | ||
county with a population of more than 800,000 is abolished | ||
effective November 15, 2017, unless the continuation of the county | ||
board of education, board of county school trustees, and office of | ||
county school superintendent is approved by a majority of voters at | ||
an election held on the November 2017 uniform election date in the | ||
county in which the county board of education, board of county | ||
school trustees, and office of county school superintendent are | ||
located. Subsections (d)-(s) of this section do not take effect in | ||
a county if the continuation of the county board of education, board | ||
of county school trustees, and office of county school | ||
superintendent is approved at the election held in the county under | ||
this subsection. | ||
(d) Not later than November 15, 2017, a dissolution | ||
committee shall be formed for each county board of education or | ||
board of county school trustees to be abolished as provided by | ||
Subsection (c) of this section. The dissolution committee is | ||
responsible for all financial decisions for each county board of | ||
education or board of county school trustees abolished by this Act, | ||
including asset distribution and payment of all debt obligations. | ||
(e) A dissolution committee required by this Act shall be | ||
appointed by the comptroller and include: | ||
(1) one financial advisor; | ||
(2) the superintendent of the participating component | ||
school district with the largest number of students in average | ||
daily attendance or the superintendent's designee; | ||
(3) one certified public accountant; | ||
(4) one auditor who holds a license or other | ||
professional credential; and | ||
(5) one bond counsel who holds a license or other | ||
professional credential. | ||
(f) A dissolution committee created under this Act is | ||
subject to the open meetings requirements under Chapter 551, | ||
Government Code, and public information requirements under Chapter | ||
552, Government Code. | ||
(g) Members of a dissolution committee may not receive | ||
compensation but are entitled to reimbursement for actual and | ||
necessary expenses incurred in performing the functions of the | ||
dissolution committee. | ||
(h) Subject to the other requirements of this Act, the | ||
dissolution committee shall determine the manner in which all | ||
assets, liabilities, contracts, and services of the county board of | ||
education or board of county school trustees abolished by this Act | ||
are divided, transferred, or discontinued. The dissolution | ||
committee shall create a sinking fund to deposit all money received | ||
in the abolishment of each county board of education or board of | ||
county school trustees for the payment of all debts of the county | ||
board of education or board of county school trustees. | ||
(i) The dissolution committee shall continue providing | ||
transportation services to participating component school | ||
districts for the 2017-2018 school year. The dissolution committee | ||
shall maintain current operations and personnel needed to provide | ||
the transportation services. | ||
(j) At the end of the 2017-2018 school year all school | ||
buses, vehicles, and bus service centers shall be transferred to | ||
participating component school districts in proportionate shares | ||
equal to the proportion that the membership in each district bears | ||
to total membership in the county as of September 1, 2018, at no | ||
cost to the districts. | ||
(k) The dissolution committee may employ for the 2017-2018 | ||
school year one person to assist in the abolishment of the county | ||
board of education or board of county school trustees. | ||
(l) On November 15, 2017, the participating component | ||
school district with the largest number of students in average | ||
daily attendance has the right of first refusal to buy, at fair | ||
market value, the administrative building of the county board of | ||
education or board of county school trustees. | ||
(m) An ad valorem tax assessed by a county board of | ||
education or board of county school trustees shall continue to be | ||
assessed by the county on behalf of the board for the purpose of | ||
paying the principal of and interest on any bonds issued by the | ||
county board of education or board of county school trustees until | ||
all bonds are paid in full. This subsection applies only to a bond | ||
issued before the effective date of this Act for which the tax | ||
receipts were obligated. On payment of all bonds issued by the | ||
county board of education or board of county school trustees the ad | ||
valorem tax may not be assessed. | ||
(n) In the manner provided by rule of the commissioner of | ||
education, the county shall collect and use any delinquent taxes | ||
imposed by or on behalf of the county board of education or board of | ||
county school trustees. | ||
(o) The dissolution committee shall distribute the assets | ||
remaining after discharge of the liabilities of the county board of | ||
education or board of county school trustees to the component | ||
school districts in the county in proportionate shares equal to the | ||
proportion that the membership in each district bears to total | ||
membership in the county as of September 1, 2017. The dissolution | ||
committee shall liquidate board assets as necessary to discharge | ||
board liabilities and facilitate the distribution of assets. A | ||
person authorized by the dissolution committee shall execute any | ||
documents necessary to complete the transfer of assets, | ||
liabilities, or contracts. | ||
(p) The dissolution committee shall encourage the component | ||
school districts to: | ||
(1) continue sharing services received through the | ||
county board of education or board of county school trustees; and | ||
(2) give preference to private sector contractors to | ||
continue services provided by the county board of education or | ||
board of county school trustees. | ||
(q) The chief financial officer and financial advisor for | ||
the county board of education or board of county school trustees | ||
shall provide assistance to the dissolution committee in abolishing | ||
the county board of education or board of county school trustees. | ||
(r) The Texas Education Agency shall provide assistance to a | ||
dissolution committee in the distribution of assets, liabilities, | ||
contracts, and services of a county board of education or board of | ||
county school trustees abolished by this Act. | ||
(s) Any dissolution committee created as provided by this | ||
Act is abolished on the date all debt obligations of the county | ||
board of education or board of county school trustees are paid in | ||
full and all assets distributed to component school districts. | ||
SECTION 15.002. Chapter 266 (S.B. 394), Acts of the 40th | ||
Legislature, Regular Session, 1927 (Article 2700a, Vernon's Texas | ||
Civil Statutes), is repealed. | ||
ARTICLE 16. REGISTRATION OF MARKS | ||
SECTION 16.001. Section 16.051(a), Business & Commerce | ||
Code, is amended to read as follows: | ||
(a) A mark that distinguishes an applicant's goods or | ||
services from those of others is registrable unless the mark: | ||
(1) consists of or comprises matter that is immoral, | ||
deceptive, or scandalous; | ||
(2) consists of or comprises matter that may | ||
disparage, falsely suggest a connection with, or bring into | ||
contempt or disrepute: | ||
(A) a person, whether living or dead; | ||
(B) an institution; | ||
(C) a belief; or | ||
(D) a national symbol; | ||
(3) depicts, comprises, or simulates the flag, the | ||
coat of arms, the seal, the geographic outline, or other insignia | ||
of: | ||
(A) the United States; | ||
(B) a state; | ||
(C) a municipality; or | ||
(D) a foreign nation; | ||
(4) consists of or comprises the name, signature, or | ||
portrait of a particular living individual who has not consented in | ||
writing to the mark's registration; | ||
(5) when used on or in connection with the applicant's | ||
goods or services: | ||
(A) is merely descriptive or deceptively | ||
misdescriptive of the applicant's goods or services; or | ||
(B) is primarily geographically descriptive or | ||
deceptively misdescriptive of the applicant's goods or services; | ||
(6) is primarily merely a surname; or | ||
(7) is likely to cause confusion or mistake, or to | ||
deceive, because, when used on or in connection with the | ||
applicant's goods or services, it resembles: | ||
(A) a mark registered in this state; or | ||
(B) an unabandoned mark registered with the | ||
United States Patent and Trademark Office. | ||
ARTICLE 17. CONFLICT OF LAW; EFFECTIVE DATE | ||
SECTION 17.001. To the extent of any conflict, this Act | ||
prevails over another Act of the 85th Legislature, Regular Session, | ||
2017, relating to nonsubstantive additions to and corrections in | ||
enacted codes. | ||
SECTION 17.002. To the extent of any conflict, Sections | ||
1601.353 and 1602.303, Occupations Code, as amended by this Act, | ||
prevail over another Act of the 85th Legislature, Regular Session, | ||
2017. | ||
SECTION 17.003. It is the intent of the 85th Legislature, | ||
Regular Session, 2017, that the amendments made by this Act to | ||
Section 17.46(b), Business & Commerce Code, be harmonized as | ||
provided by Section 311.025(b), Government Code, as if the | ||
amendments were enacted without reference to each other. | ||
SECTION 17.004. Except as otherwise provided by this Act, | ||
this Act takes effect September 1, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 2065 passed the Senate on | ||
April 24, 2017, by the following vote: Yeas 30, Nays 0; | ||
May 25, 2017, Senate refused to concur in House amendments and | ||
requested appointment of Conference Committee; May 26, 2017, House | ||
granted request of the Senate; May 28, 2017, Senate adopted | ||
Conference Committee Report by the following vote: Yeas 30, | ||
Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 2065 passed the House, with | ||
amendments, on May 23, 2017, by the following vote: Yeas 131, | ||
Nays 12, two present not voting; May 26, 2017, House granted | ||
request of the Senate for appointment of Conference Committee; | ||
May 28, 2017, House adopted Conference Committee Report by the | ||
following vote: Yeas 145, Nays 0, two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |