| 1 | 1 | | 82R9276 JAM-F |
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| 2 | 2 | | By: Solomons, et al. H.B. No. 197 |
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| 3 | 3 | | Substitute the following for H.B. No. 197: |
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| 4 | 4 | | By: Frullo C.S.H.B. No. 197 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the provision of certain documentation before a person |
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| 10 | 10 | | may engage in a licensed occupation; providing a criminal penalty. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Title 2, Occupations Code, is amended by adding |
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| 13 | 13 | | Chapter 60 to read as follows: |
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| 14 | 14 | | CHAPTER 60. PROOF OF CITIZENSHIP OR AUTHORIZATION TO WORK REQUIRED |
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| 15 | 15 | | Sec. 60.001. DEFINITIONS. In this chapter: |
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| 16 | 16 | | (1) "License" means a license, certificate, |
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| 17 | 17 | | registration, permit, or other authorization that: |
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| 18 | 18 | | (A) is issued by a licensing authority; and |
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| 19 | 19 | | (B) an individual must obtain to practice or |
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| 20 | 20 | | engage in a particular business, occupation, or profession. |
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| 21 | 21 | | (2) "Licensing authority" means a department, |
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| 22 | 22 | | commission, board, office, or other agency of the state that issues |
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| 23 | 23 | | a license. |
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| 24 | 24 | | Sec. 60.002. EXCEPTION. This chapter does not apply to a |
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| 25 | 25 | | license issued under Section 2052.107(1). |
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| 26 | 26 | | Sec. 60.003. PROOF OF CITIZENSHIP OR AUTHORIZATION TO WORK |
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| 27 | 27 | | REQUIRED. An individual who is licensed to practice or engage in a |
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| 28 | 28 | | particular business, occupation, or profession may engage in that |
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| 29 | 29 | | work under the license only after the license holder provides to the |
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| 30 | 30 | | licensing authority documentation that the license holder is: |
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| 31 | 31 | | (1) a citizen of the United States; or |
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| 32 | 32 | | (2) lawfully present in the United States and |
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| 33 | 33 | | authorized to engage in the work authorized under the license. |
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| 34 | 34 | | Sec. 60.004. SUBMISSION OF DOCUMENTATION. (a) Except as |
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| 35 | 35 | | provided by Subsection (b), a license holder shall submit the |
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| 36 | 36 | | documentation required by Section 60.003 to the appropriate |
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| 37 | 37 | | licensing authority at the time of an application for the issuance |
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| 38 | 38 | | or renewal of the license. |
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| 39 | 39 | | (b) An applicant who submits an application through the |
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| 40 | 40 | | TexasOnline system or another electronic means shall submit the |
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| 41 | 41 | | documentation required by Section 60.003 not later than the 30th |
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| 42 | 42 | | day after the date the application is submitted electronically. |
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| 43 | 43 | | (c) Each licensing authority by rule shall prescribe forms |
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| 44 | 44 | | and procedures by which a license holder may submit the |
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| 45 | 45 | | documentation required by Section 60.003. |
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| 46 | 46 | | Sec. 60.005. CRIMINAL PENALTY. (a) An individual commits |
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| 47 | 47 | | an offense if the individual violates this chapter. |
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| 48 | 48 | | (b) An offense under this section is a Class A misdemeanor. |
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| 49 | 49 | | SECTION 2. (a) In this section: |
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| 50 | 50 | | (1) "License" means a license, certificate, |
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| 51 | 51 | | registration, permit, or other authorization that: |
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| 52 | 52 | | (A) is issued by a licensing authority; and |
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| 53 | 53 | | (B) an individual must obtain to practice or |
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| 54 | 54 | | engage in a particular business, occupation, or profession. |
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| 55 | 55 | | (2) "Licensing authority" means a department, |
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| 56 | 56 | | commission, board, office, or other agency of this state that |
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| 57 | 57 | | issues a license. |
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| 58 | 58 | | (b) Each licensing authority shall adopt rules under |
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| 59 | 59 | | Chapter 60, Occupations Code, as added by this Act, not later than |
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| 60 | 60 | | January 1, 2012. |
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| 61 | 61 | | (c) The change in law made by this Act applies only to an |
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| 62 | 62 | | application for the issuance or renewal of a license that is filed |
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| 63 | 63 | | with a licensing authority on or after March 1, 2012. An |
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| 64 | 64 | | application for the issuance or renewal of a license that is filed |
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| 65 | 65 | | before March 1, 2012, is governed by the law in effect on the date |
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| 66 | 66 | | the application was filed, and the former law is continued in effect |
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| 67 | 67 | | for that purpose. |
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| 68 | 68 | | SECTION 3. This Act takes effect September 1, 2011. |
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