| 1 | 1 | | 81R3849 YDB-D |
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| 2 | 2 | | By: Quintanilla H.B. No. 735 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to inclusion by individuals regulated by this state of the |
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| 8 | 8 | | individual's license or certificate of registration number on |
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| 9 | 9 | | certain documents; providing a civil penalty. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Title 2, Occupations Code, is amended by adding |
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| 12 | 12 | | Chapter 60 to read as follows: |
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| 13 | 13 | | CHAPTER 60. GENERAL LICENSING AND REGISTRATION REQUIREMENTS |
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| 14 | 14 | | Sec. 60.001. INCLUSION OF NUMBER REQUIRED. An individual |
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| 15 | 15 | | who is required under the laws of this state to obtain a license or |
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| 16 | 16 | | certificate of registration issued by a state regulatory agency to |
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| 17 | 17 | | practice the individual's occupation shall prominently display the |
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| 18 | 18 | | individual's license or certificate number on any document, |
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| 19 | 19 | | advertisement, business card, or logo provided to the public. |
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| 20 | 20 | | Sec. 60.002. RULES. A state agency that regulates an |
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| 21 | 21 | | individual subject to Section 60.001 may adopt the rules necessary |
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| 22 | 22 | | to implement that section. |
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| 23 | 23 | | Sec. 60.003. CIVIL PENALTY. (a) An individual is liable to |
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| 24 | 24 | | this state for a civil penalty of not more than $1,000 for each |
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| 25 | 25 | | violation if the individual: |
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| 26 | 26 | | (1) violates Section 60.001 or a rule adopted by a |
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| 27 | 27 | | state regulatory agency to enforce that section; |
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| 28 | 28 | | (2) represents that an expired license or certificate |
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| 29 | 29 | | of registration is valid; or |
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| 30 | 30 | | (3) displays a counterfeit license or certificate of |
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| 31 | 31 | | registration or uses a counterfeit license or certificate number in |
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| 32 | 32 | | any document provided to the public. |
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| 33 | 33 | | (b) The amount of the penalty shall be based on: |
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| 34 | 34 | | (1) the seriousness of the violation; |
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| 35 | 35 | | (2) the history of previous violations; |
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| 36 | 36 | | (3) the amount necessary to deter a future violation; |
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| 37 | 37 | | and |
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| 38 | 38 | | (4) any other matter that justice may require. |
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| 39 | 39 | | (c) The attorney general may sue to collect a civil penalty |
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| 40 | 40 | | under this section. In the suit the attorney general may recover, |
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| 41 | 41 | | on behalf of the state, the reasonable expenses incurred in |
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| 42 | 42 | | obtaining the penalty, including investigation and court costs, |
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| 43 | 43 | | reasonable attorney's fees, witness fees, and other expenses. |
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| 44 | 44 | | SECTION 2. Not later than December 1, 2009, a state |
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| 45 | 45 | | regulatory agency or the governing body of a state regulatory |
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| 46 | 46 | | agency, as appropriate, shall adopt the rules necessary to |
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| 47 | 47 | | implement Chapter 60, Occupations Code, as added by this Act. |
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| 48 | 48 | | SECTION 3. Notwithstanding Chapter 60, Occupations Code, as |
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| 49 | 49 | | added by this Act, an individual is not required to include the |
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| 50 | 50 | | individual's license or certificate number on documents provided to |
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| 51 | 51 | | the public before January 1, 2010. |
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| 52 | 52 | | SECTION 4. This Act takes effect September 1, 2009. |
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