Bill Text: TX SB765 | 2015-2016 | 84th Legislature | Introduced


Bill Title: Relating to the repeal of certain occupational license fees and taxes.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2015-03-04 - Left pending in committee [SB765 Detail]

Download: Texas-2015-SB765-Introduced.html
  84R7420 BEF-D
 
  By: Eltife, Schwertner S.B. No. 765
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the repeal of certain occupational license fees and
  taxes.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 201.354(d) and (g), Occupations Code,
  are amended to read as follows:
         (d)  A person whose license has been expired for 90 days or
  less may renew the license by paying to the board a renewal fee that
  is equal to [the sum of] 1-1/2 times the annual renewal fee set by
  the board under Section 201.153(a) [and the increase in that fee
  required by Section 201.153(b)].  If a person's license has been
  expired for more than 90 days but less than one year, the person may
  renew the license by paying to the board a renewal fee that is equal
  to [the sum of] two times the annual renewal fee set by the board
  under Section 201.153(a) [and the increase in that fee required by
  Section 201.153(b)].
         (g)  A person may renew a license that has been expired for at
  least one year but not more than three years if:
               (1)  the board determines according to criteria adopted
  by board rule that the person has shown good cause for the failure
  to renew the license; and
               (2)  the person pays to the board:
                     (A)  the annual renewal fee set by the board under
  Section 201.153(a) for each year in which the license was expired;
  and
                     (B)  an additional fee in an amount equal to the
  sum of:
                           (i)  the annual renewal fee set by the board
  under Section 201.153(a), multiplied by the number of years the
  license was expired, prorated for fractional years; and
                           (ii)  two times the annual renewal fee set by
  the board under Section 201.153(a)[; and
                     [(C)     the increase in the annual renewal fee
  required by Section 201.153(b)].
         SECTION 2.  Section 351.304(b), Occupations Code, is amended
  to read as follows:
         (b)  A person whose license has been expired for 90 days or
  less may renew the license by paying to the board a renewal fee that
  is equal to [the sum of] one and one-half times the annual renewal
  fee set by the board under Section 351.152 [and the additional fee
  required by Section 351.153].  If a person's license has been
  expired for more than 90 days but less than one year, the person may
  renew the license by paying to the board a renewal fee that is equal
  to [the sum of] two times the annual renewal fee set by the board
  under Section 351.152 [and the additional fee required by Section
  351.153].
         SECTION 3.  Section 351.306(b), Occupations Code, is amended
  to read as follows:
         (b)  The person must pay to the board a fee that is equal to
  the amount of the renewal fee set by the board under Section 351.152
  [351.153(a)].
         SECTION 4.  Sections 801.303(b) and (c), Occupations Code,
  are amended to read as follows:
         (b)  A person whose license has been expired for 90 days or
  less may renew the license by paying to the board a renewal fee that
  is equal to [the sum of] 1-1/2 times the renewal fee set by the board
  under Section 801.154(a) [and the additional fee required by
  Section 801.154(b), if applicable].
         (c)  A person whose license has been expired for more than 90
  days but less than one year may renew the license by paying to the
  board a renewal fee that is equal to [the sum of] two times the
  renewal fee set by the board under Section 801.154(a) [and the
  additional fee required by Section 801.154(b), if applicable].
         SECTION 5.  Section 801.305(b), Occupations Code, is amended
  to read as follows:
         (b)  The person must pay to the board a fee that is equal to
  the amount of the renewal fee set by the board under Section
  801.154(a) [and the additional fee required by Section 801.154(b)].
         SECTION 6.  Section 901.405(f), Occupations Code, is amended
  to read as follows:
         (f)  A person who was licensed in this state, moved to
  another state, and is currently licensed and has been in practice in
  the other state for the two years preceding the date of application
  may obtain a new license without reexamination.  A person described
  by this subsection whose license has been revoked under Section
  901.502(3) or (4) may obtain a new license under this subsection.  A
  person described by this subsection must pay to the board a fee that
  is equal to two times the normally required renewal fee for the
  license [and is not subject to additional fees under Section
  901.408].
         SECTION 7.  Section 901.408(a), Occupations Code, is amended
  to read as follows:
         (a)  A person, other than a person described by Section
  901.405(f), who fails to pay the license renewal fee [or the
  additional fee imposed under Section 901.407, as applicable,] and
  any late fee before the first anniversary of the due date of the
  renewal fee [or additional fee] may renew the person's license only
  by submitting to the board an application for renewal accompanied
  by payment of:
               (1)  all accrued fees, including late fees; and
               (2)  the direct administrative costs incurred by the
  board in renewing the person's license.
         SECTION 8.  Sections 1001.353(b) and (c), Occupations Code,
  are amended to read as follows:
         (b)  A person whose license has been expired for 90 days or
  less may renew the license by paying to the board the required
  annual renewal fee and [,] a late renewal fee [, and any applicable
  increase in fees as required by Section 1001.206].
         (c)  A person whose license has been expired for more than 90
  days but less than two years may renew the license by paying to the
  board the required annual renewal fee and [,] a late renewal fee [,
  and any applicable increase in fees as required by Section
  1001.206] for each delinquent year or part of a year.
         SECTION 9.  Section 1001.355(d), Occupations Code, is
  amended to read as follows:
         (d)  To return to active status, a license holder on inactive
  status must:
               (1)  file with the board a written notice requesting
  reinstatement to active status;
               (2)  pay the fee for the annual renewal of the license
  [and the fee increase required by Section 1001.206]; and
               (3)  provide evidence satisfactory to the board that
  the person has complied with the continuing education requirements
  adopted by the board.
         SECTION 10.  Section 1101.154(a), Occupations Code, is
  amended to read as follows:
         (a)  The fee for the issuance or renewal of a:
               (1)  broker license is the amount of the fee set under
  Section [Sections] 1101.152 [and 1101.153] and an additional $20
  fee;
               (2)  salesperson license is the amount of the fee set
  under Section 1101.152 and an additional $20 fee; and
               (3)  certificate of registration is the amount of the
  fee set under Section 1101.152 and an additional $20 fee.
         SECTION 11.  The following provisions are repealed:
               (1)  Section 153.053, Occupations Code;
               (2)  Sections 201.153(b) and (c), Occupations Code;
               (3)  Section 254.004(b), Occupations Code;
               (4)  Section 351.153, Occupations Code;
               (5)  Section 501.153, Occupations Code;
               (6)  Sections 801.154(b), (c), and (d), Occupations
  Code;
               (7)  Section 901.406, Occupations Code;
               (8)  Section 901.407, Occupations Code;
               (9)  Section 901.410, Occupations Code;
               (10)  Section 1001.206, Occupations Code;
               (11)  Section 1051.652, Occupations Code;
               (12)  Section 1101.153, Occupations Code;
               (13)  Section 1105.003(e), Occupations Code;
               (14)  Subchapter H, Chapter 191, Tax Code; and
               (15)  Section 41, The Securities Act (Article 581-41,
  Vernon's Texas Civil Statutes).
         SECTION 12.  The changes in law made by this Act do not
  affect a surcharge, additional fee, additional charge, fee
  increase, tax, or late fee imposed before the effective date of this
  Act, and the law in effect before the effective date of this Act is
  continued in effect for purposes of the liability for and
  collection of those surcharges, additional fees, additional
  charges, fee increases, taxes, and late fees.
         SECTION 13.  This Act takes effect September 1, 2015.
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