82R13971 T
By: Callegari H.B. No. 3166
A BILL TO BE ENTITLED
AN ACT
relating to the abolition and consolidation of state agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1: TRANSFER OF THE FUNCTIONS OF THE TEXAS DEPARTMENT OF
RURAL AFFAIRS TO THE DEPARTMENT OF AGRICULTURE.
SECTION 1.1. The heading to Chapter 487, Government Code,
is amended to read as follows:
CHAPTER 487. OFFICE [TEXAS DEPARTMENT] OF RURAL
AFFAIRS IN DEPARTMENT OF AGRICULTURE
SECTION 1.2. Section 487.001, Government Code, is amended
to read as follows:
Sec. 487.001. DEFINITIONS. In this chapter:
(1) "Board" means the commissioner [board of the Texas
Department of Rural Affairs].
(2) "Commissioner" means the commissioner of
agriculture.
(3) "Department" means the office [Texas Department of
Rural Affairs].
(4) "Office" means the Office of Rural Affairs
established within the Department of Agriculture under Section
12.038, Agriculture Code.
SECTION 1.3. Subchapter A, Chapter 487, Government Code, is
amended by adding Section 487.003 to read as follows:
Sec. 487.003. REFERENCE IN LAW. (a) A reference in this
chapter or other law to the Texas Department of Rural Affairs means
the office and a reference in this chapter or other law to the board
of the Texas Department of Rural Affairs means the commissioner.
(b) A reference in law to the executive director of the
Texas Department of Rural Affairs means the director of the Office
of Rural Affairs appointed under Section 12.038, Agriculture Code.
SECTION 1.4. Section 487.026, Government Code, is amended
to read as follows:
Sec. 487.026. [EXECUTIVE] DIRECTOR. (a) The [board may
hire an executive] director serves [to serve] as the chief
executive officer of the office [department] and performs [to
perform] the administrative duties of the office [department].
(b) [The executive director serves at the will of the board.
[(c)] The [executive] director may hire staff within
guidelines established by the commissioner [board].
SECTION 1.5. Section 487.051(a), Government Code, is
amended to read as follows:
(a) The office [department] shall:
(1) assist rural communities in the key areas of
economic development, community development, rural health, and
rural housing;
(2) serve as a clearinghouse for information and
resources on all state and federal programs affecting rural
communities;
(3) in consultation with rural community leaders,
locally elected officials, state elected and appointed officials,
academic and industry experts, and the interagency work group
created under this chapter, identify and prioritize policy issues
and concerns affecting rural communities in the state;
(4) make recommendations to the legislature to address
the concerns affecting rural communities identified under
Subdivision (3);
(5) monitor developments that have a substantial
effect on rural Texas communities, especially actions of state
government, and compile an annual report describing and evaluating
the condition of rural communities;
(6) administer the federal community development
block grant nonentitlement program;
(7) administer programs supporting rural health care
as provided by this chapter;
(8) perform research to determine the most beneficial
and cost-effective ways to improve the welfare of rural
communities;
(9) ensure that the office [department] qualifies as
the state's office of rural health for the purpose of receiving
grants from the Office of Rural Health Policy of the United States
Department of Health and Human Services under 42 U.S.C. Section
254r;
(10) manage the state's Medicare rural hospital
flexibility program under 42 U.S.C. Section 1395i-4;
(11) seek state and federal money available for
economic development in rural areas for programs under this
chapter;
(12) in conjunction with other offices and divisions
of the Department of Agriculture, regularly cross-train office
[department] employees with other employees of the Department of
Agriculture regarding the programs administered and services
provided [by each agency] to rural communities; and
(13) work with interested persons to assist volunteer
fire departments and emergency services districts in rural areas.
SECTION 1.6. Section 487.0541(c), Government Code, is
amended to read as follows:
(c) The work group shall meet at the call of the [executive]
director of the office [department].
SECTION 1.7. Section 487.055, Government Code, is amended
to read as follows:
Sec. 487.055. ADVISORY COMMITTEES. (a) The commissioner
[board] may appoint advisory committees as necessary to assist the
office [board] in performing its duties. An advisory committee may
be composed of private citizens and representatives from state and
local governmental entities. A state or local governmental entity
shall appoint a representative to an advisory committee at the
request of the commissioner [board].
(b) The commissioner shall create a rural advisory
committee to advise the commissioner, director, and office on rural
policy priorities and administering community development and
health programs that impact rural communities. The commissioner
shall appoint as members of the committee elected officials and
community members with expertise in community development,
economic development, and rural health and may appoint as members
of the committee individuals with expertise in education or
transportation, as determined by the commissioner.
(c) Chapter 2110 does not apply to an advisory committee
created under this section.
SECTION 1.8. Section 487.351(d), Government Code, is
amended to read as follows:
(d) An applicant for a grant, loan, or award under a
community development block grant program may appeal a decision of
the [executive] director by filing an appeal with the commissioner
[board]. The commissioner [board] shall hold a hearing on the
appeal and render a decision.
SECTION 1.9. Section 535.051(b), Government Code, is
amended to read as follows:
(b) The chief administrative officer of each of the
following state agencies, in consultation with the governor, shall
designate one employee from the agency to serve as a liaison for
faith- and community-based organizations:
(1) the Office of Rural [Community] Affairs within the
Department of Agriculture;
(2) the Texas Commission on Environmental Quality;
(3) the Texas Department of Criminal Justice;
(4) the Texas Department of Housing and Community
Affairs;
(5) the Texas Education Agency;
(6) the Texas Juvenile Probation Commission;
(7) the Texas Veterans Commission;
(8) the Texas Workforce Commission;
(9) the Texas Youth Commission; and
(10) other state agencies as determined by the
governor.
SECTION 1.10. Section 2306.1092(b), Government Code, is
amended to read as follows:
(b) The council is composed of 16 members consisting of:
(1) the director;
(2) one representative from each of the following
agencies, appointed by the head of that agency:
(A) the Office of Rural [Community] Affairs
within the Department of Agriculture;
(B) the Texas State Affordable Housing
Corporation;
(C) the Health and Human Services Commission;
(D) the Department of Assistive and
Rehabilitative Services;
(E) the Department of Aging and Disability
Services; and
(F) the Department of State Health Services;
(3) one representative from the Department of
Agriculture who is:
(A) knowledgeable about the Texans Feeding
Texans and Retire in Texas programs or similar programs; and
(B) appointed by the head of that agency;
(4) one member who is:
(A) a member of the Health and Human Services
Commission Promoting Independence Advisory Committee; and
(B) appointed by the governor; and
(5) one representative from each of the following
interest groups, appointed by the governor:
(A) financial institutions;
(B) multifamily housing developers;
(C) health services entities;
(D) nonprofit organizations that advocate for
affordable housing and consumer-directed long-term services and
support;
(E) consumers of service-enriched housing;
(F) advocates for minority issues; and
(G) rural communities.
SECTION 1.11. Sections 487.002, 487.021, 487.022, 487.023,
487.024, 487.025, 487.028, 487.029, 487.051(b), 487.058, and
487.352, Government Code, are repealed.
SECTION 1.12. (a) The Texas Department of Rural Affairs is
abolished as an independent agency and transferred as a program to
the Office of Rural Affairs in the Department of Agriculture. The
board of the Texas Department of Rural Affairs is abolished.
(b) The validity of an action taken by the Texas Department
of Rural Affairs or its board before either is abolished under
Subsection (a) of this section is not affected by the abolishment.
SECTION 1.13. On September 1, 2011:
(1) the position of executive director of the Texas
Department of Rural Affairs is abolished, except that the director
of the Office of Rural Affairs in the Department of Agriculture may
hire the executive director for a position in the office;
(2) an employee of the Texas Department of Rural
Affairs becomes an employee of the Office of Rural Affairs in the
Department of Agriculture;
(3) a reference in law to the Texas Department of Rural
Affairs means the Office of Rural Affairs in the Department of
Agriculture;
(4) all money, contracts, leases, rights, and
obligations of the Texas Department of Rural Affairs are
transferred to the Office of Rural Affairs in the Department of
Agriculture;
(5) all property, including records, in the custody of
the Texas Department of Rural Affairs becomes the property of the
Office of Rural Affairs in the Department of Agriculture; and
(6) all funds appropriated by the legislature to the
Texas Department of Rural Affairs are transferred to the Office of
Rural Affairs in the Department of Agriculture.
SECTION 1.14. A function or activity performed by the Texas
Department of Rural Affairs is transferred to the Office of Rural
Affairs in the Department of Agriculture as provided by this Act.
SECTION 1.15. The Texas Department of Rural Affairs and the
Department of Agriculture shall establish a transition plan for the
transfer described in Sections 12 and 13 of this Act.
ARTICLE 2. TRANSFER OF FUNCTIONS OF THE TEXAS FUNERAL SERVICE
COMMISSION TO THE TEXAS DEPARTMENT OF LICENSING AND REGULATION.
SECTION 2.1. Section 651.001, Occupations Code, is amended
by amending Subdivisions (2) and (14) and adding Subdivision (3-a)
to read as follows:
(2) "Commission" means the Texas [Funeral Service]
Commission of Licensing and Regulation.
(3-a) "Department" means the Texas Department of
Licensing and Regulation.
(14) "Provisional license holder" means a person who:
(A) is engaged in learning the practice of
funeral directing or embalming under the instruction, direction,
and personal supervision of a funeral director or embalmer; and
(B) holds a provisional license issued by the
department [commission] under this chapter.
SECTION 2.2. Section 651.003(b), Occupations Code, is
amended to read as follows:
(b) The authority of the department and commission under
Chapter 154, Finance Code, is limited to:
(1) imposing an administrative penalty;
(2) issuing a reprimand; or
(3) suspending, revoking, or probating a license
issued by the department [commission].
SECTION 2.3. Section 651.004, Occupations Code, is amended
to read as follows:
Sec. 651.004. REGULATION OF CEMETERY AND CREMATORY
SERVICES. (a) The department [commission] shall regulate cemetery
and crematory services as provided by this chapter and Chapter 716,
Health and Safety Code.
(b) The department [commission] may not regulate cemetery
or crematory services that occur after burial or inurnment unless
the services relate to the care and treatment of the remains in an
urn, casket, or outer enclosure.
SECTION 2.4. The heading to Subchapter D, Chapter 651,
Occupations Code, is amended to read as follows:
SUBCHAPTER D. ADMINISTRATION OF CHAPTER [COMMISSION POWERS AND
DUTIES]
SECTION 2.5. Sections 651.151(b) and (c), Occupations Code,
are amended to read as follows:
(b) The department [commission] shall examine each
applicant for a funeral director's license, embalmer's license, or
provisional license and shall issue the appropriate license to a
person who meets the licensing requirements.
(c) The commission may appoint a committee [from its
members] to consider and make a recommendation on a matter referred
to the committee by the commission.
SECTION 2.6. Section 651.152, Occupations Code, is amended
to read as follows:
Sec. 651.152. RULES; PROCEDURES; FORMS. The commission
shall adopt rules and[,] establish procedures[,] and the department
shall prescribe forms necessary to administer and enforce this
chapter and Chapters 714 and 715, Health and Safety Code.
SECTION 2.7. Section 651.154, Occupations Code, is amended
to read as follows:
Sec. 651.154. FEES FOR PERPETUAL CARE CEMETERY PROHIBITED.
[(a) The commission shall set the following fees in amounts
reasonable and necessary to administer this chapter:
[(1) the funeral director's and embalmer's application
fee, license fee, duplicate license fee, and reciprocal license
fee; and
[(2) the cemetery, crematory, or funeral
establishment license fee, renewal fee, and late renewal penalty.
[(b) The commission shall set the provisional license fee,
examination fee, renewal fee, and late renewal penalty in amounts
reasonable and necessary to administer the provisional license
program.
[(c)] The department [commission] may not charge a fee to a
perpetual care cemetery, including a fee for issuing or renewing a
license issued under this chapter.
SECTION 2.8. Section 651.155(a), Occupations Code, is
amended to read as follows:
(a) On presentation to the department [commission] of
evidence as prescribed by the commission, a license holder or
provisional license holder actively engaged in the military service
of the United States is exempt from the payment of license fees for
the duration of the holder's military service or from the amount of
fees and for the time the department [commission] considers
advisable.
SECTION 2.9. Section 651.157, Occupations Code, is amended
to read as follows:
Sec. 651.157. INSPECTION OF CEMETERY, CREMATORY, OR FUNERAL
ESTABLISHMENT. (a) Except as provided by Subsection (b), a
licensed cemetery, crematory, or funeral establishment shall be
inspected at least once every two years by an agent of the
department [commission] or by an agent of the state or a political
subdivision authorized by the department [commission] to make
inspections on its behalf.
(b) If the department [commission] finds a violation of this
chapter or of Chapter 193, 361, 711, 714, 715, or 716, Health and
Safety Code, the department [commission] shall inspect the
cemetery, crematory, or funeral establishment annually until the
department [commission] determines that the establishment is free
of violations.
(c) A report of each inspection made under this section
shall be filed with the department [commission].
(d) The commission by rule shall establish:
(1) procedures for the inspection of a cemetery,
crematory, or funeral establishment required by this section; and
(2) criteria, including consideration of the
establishment's inspection and complaint history, regarding when
the department [commission] should inspect an establishment based
on the risk of a violation at an establishment.
(e) A premises on which funeral directing, interment,
cremation, or embalming is practiced shall be open at all times to
inspection for any violation of this chapter or of Chapter 193, 361,
or 716, Health and Safety Code, by:
(1) an agent of the department [commission];
(2) an authorized agent of the state; or
(3) an authorized agent of the county or municipality
in which the premises is located.
(f) Before a department [commission] agent inspects a
cemetery, crematory, or funeral establishment, the agent shall
review the inspection reports filed with the department
[commission] on the establishment. During the inspection, the
agent shall determine whether previously identified problems have
been corrected and whether a pattern of violations exists. The
commission shall consider the information from the inspection
reports in determining whether a penalty should be imposed against
an establishment.
SECTION 2.10. Section 651.1571(b), Occupations Code, is
amended to read as follows:
(b) Except as provided by Section 651.157(b):
(1) a cemetery may not be inspected unless:
(A) an interment has occurred in the cemetery
within the two years preceding the inspection; or
(B) the department [commission] has received a
complaint about the cemetery; and
(2) the department [commission] shall give lower
priority to an inspection of a cemetery than to an inspection of a
crematory or funeral establishment.
SECTION 2.11. Section 651.161(a), Occupations Code, is
amended to read as follows:
(a) The department [commission] shall file annually with
the governor a list of the names of all funeral directors,
embalmers, and licensed funeral establishments.
SECTION 2.12. Sections 651.162(b) and (c), Occupations
Code, are amended to read as follows:
(b) The commission shall file annually with the governor a
written description of the activities of the commission and
department under this chapter during the preceding fiscal year.
(c) The department [commission] shall file annually with
the governor a report on the department's [commission's] compliance
with Sections 651.104 and[,] 651.105[, and 651.204(b)].
SECTION 2.13. Section 651.164, Occupations Code, is amended
to read as follows:
Sec. 651.164. LICENSE EXPIRATION. [The commission by rule
may adopt a system under which licenses expire on various dates
during the year.] For the year in which the license expiration date
is changed, the department [commission] shall prorate license fees
on a monthly basis so that each license holder pays only that
portion of the license fee that is allocable to the number of months
during which the license is valid. On renewal of the license on the
new expiration date, the total license renewal fee is payable.
SECTION 2.14. Section 651.1655, Occupations Code, is
amended to read as follows:
Sec. 651.1655. REINSTATEMENT OF SUSPENDED LICENSE. A
person whose license has been suspended may renew the license by
paying to the department [commission] a renewal fee that is equal to
two times the normally required renewal fee in addition to any
penalty assessed by the commission.
SECTION 2.15. Section 651.201, Occupations Code, is amended
to read as follows:
Sec. 651.201. PUBLIC INTEREST INFORMATION. (a) The
department [commission] shall prepare a brochure with information
of public interest:
(1) explaining matters relating to funerals; and
(2) describing:
(A) the functions of the department related to
this chapter [commission]; and
(B) the department's [commission's] procedures
for filing and resolving a public complaint.
(b) The department [commission] shall:
(1) provide each licensed funeral establishment with
the number of brochures the department [commission] considers
appropriate; and
(2) make the brochure available to the public and
appropriate state agencies.
SECTION 2.16. Section 651.252, Occupations Code, is amended
to read as follows:
Sec. 651.252. LICENSE APPLICATION. (a) An applicant for a
funeral director's license or an embalmer's license must submit a
written license application to the department [commission] and pay
the application fee.
(b) The commission may require an applicant to appear before
at least one member of the department [commission] for approval of
the person's application. The approval is subject to review by the
department [entire commission].
(c) The department [commission] shall keep a permanent,
alphabetical record of each license application and the action
taken on the application. The record must indicate the current
status of each application and license issued.
SECTION 2.17. Section 651.253(b), Occupations Code, is
amended to read as follows:
(b) An applicant for a funeral director's license or an
embalmer's license may not be considered for that license until the
applicant:
(1) completes all of the requirements of the
provisional license program; and
(2) attains a grade of at least 75 percent on the
written examination given by the department [commission].
SECTION 2.18. Section 651.255, Occupations Code, is amended
to read as follows:
Sec. 651.255. EXAMINATIONS REQUIRED FOR FUNERAL DIRECTOR'S
LICENSE. The department [commission] shall administer or arrange
for the administration of:
(1) a written professionally prepared examination on:
(A) the art and technique of funeral directing;
(B) the signs of death;
(C) the manner by which death may be determined;
(D) sanitation and hygiene;
(E) mortuary management and mortuary law;
(F) business and professional ethics; and
(G) other subjects that may be taught in a
recognized school or college of mortuary science; and
(2) a written examination developed by the department
[commission] or developed for the department [commission] by
contract on:
(A) laws applicable to vital statistics
pertaining to dead human bodies; and
(B) local and state rules and laws relating to
the preparation, transportation, care, and disposition of dead
human bodies.
SECTION 2.19. Section 651.256, Occupations Code, is amended
to read as follows:
Sec. 651.256. EXAMINATIONS REQUIRED FOR EMBALMER'S
LICENSE. The department [commission] shall administer or arrange
for the administration of:
(1) a written professionally prepared examination on:
(A) the anatomy of the human body, including:
(i) the cavities of the human body; and
(ii) the arterial and venous system of the
human body;
(B) blood and discoloration;
(C) bacteriology and hygiene;
(D) pathology;
(E) chemistry and embalming;
(F) arterial and cavity embalming;
(G) restorative art;
(H) disinfecting;
(I) embalming special cases;
(J) contagious and infectious diseases;
(K) mortuary management;
(L) care, preservation, transportation, and
disposition of dead human bodies;
(M) sanitary science; and
(N) other subjects that may be taught in a
recognized school or college of mortuary science; and
(2) a written examination developed by the department
[commission] or developed for the department [commission] by
contract on:
(A) laws applicable to vital statistics
pertaining to dead human bodies; and
(B) local and state rules and laws relating to
the care and disposition of dead human bodies.
SECTION 2.20. Section 651.257, Occupations Code, is amended
to read as follows:
Sec. 651.257. FOREIGN STUDENTS; CERTIFICATE OF MERIT. (a)
A citizen of a country other than the United States who has
completed a full course of mortuary science at a
department-approved [commission-approved] college in this state
may take the department [commission] examination in embalming,
funeral directing, or both after:
(1) applying to the department [commission]; and
(2) paying the examination fee required of other
applicants.
(b) The department [commission] may award the applicant a
certificate of merit if the applicant successfully makes the
minimum grades required of other applicants. The certificate of
merit does not authorize the holder of the certificate to practice
embalming or funeral directing in this state unless the holder is
otherwise licensed as an embalmer or funeral director under this
chapter.
SECTION 2.21. Section 651.258, Occupations Code, is amended
to read as follows:
Sec. 651.258. LICENSE ISSUANCE. A [On issuance of a]
funeral director's license or an embalmer's license issued under
this chapter[, a majority of the commission members shall sign the
license. The license] authorizes the license holder to practice
embalming, funeral directing, or both.
SECTION 2.22. Section 651.259(e), Occupations Code, is
amended to read as follows:
(e) The department [commission] shall conduct a criminal
background check on each applicant. An applicant is not eligible
for a license under this section if the applicant has, in the 10
years preceding the date of the application, been finally convicted
of a misdemeanor involving moral turpitude or a felony.
SECTION 2.23. Sections 651.2595(a), (b), (c), and (d),
Occupations Code, are amended to read as follows:
(a) The department [commission] may issue a provisional
license to an applicant currently licensed in another jurisdiction
who seeks a license in this state and who:
(1) has been licensed in good standing as a funeral
director or embalmer for at least two years in another
jurisdiction, including a foreign country, that has licensing
requirements substantially equivalent to the requirements of this
chapter;
(2) has passed a national or other examination
recognized by the commission relating to the practice of funeral
director or embalmer; and
(3) is sponsored by a person licensed by the
department [commission] under this chapter with whom the
provisional license holder will practice during the time the person
holds a provisional license.
(b) The department [commission] may waive the requirement
of Subsection (a)(3) for an applicant if the department
[commission] determines that compliance with that subsection would
be a hardship to the applicant.
(c) A provisional license is valid until the date the
department [commission] approves or denies the provisional license
holder's application for a license. The department [commission]
shall issue a license under this chapter to the provisional license
holder if:
(1) the provisional license holder is eligible to be
licensed under Section 651.259; or
(2) the provisional license holder:
(A) passes the part of the examination under
Subsection (a) that relates to the applicant's knowledge and
understanding of the laws and rules relating to the practice of
funeral directing or embalming in this state;
(B) meets the academic and experience
requirements for a license under this chapter; and
(C) satisfies any other licensing requirements
under this chapter.
(d) The department [commission] shall approve or deny a
provisional license holder's application for a license not later
than the second anniversary of the date on which the provisional
license is issued. The department [commission] may extend the
two-year period if the results of an examination have not been
received by the department [commission] before the end of that
period.
SECTION 2.24. Section 651.260, Occupations Code, is amended
to read as follows:
Sec. 651.260. DUPLICATE LICENSE. (a) If a license issued
under this chapter is lost or destroyed, the license holder may
apply to the department [commission] for a duplicate license.
(b) The license holder must submit the application on a form
prescribed by the department [commission] and must submit with the
application an affidavit verifying:
(1) the loss or destruction of the license;
(2) that the license holder is the person to whom the
license was issued; and
(3) any other information concerning the loss or
destruction of the license the department [commission] requires.
(c) The department [commission] shall issue a duplicate
license after receipt of the information and payment of the fee set
by the commission for the duplicate license.
SECTION 2.25. Sections 651.265(b) and (c), Occupations
Code, are amended to read as follows:
(b) On application, the department [commission] may renew
the license of a retired license holder who does not provide funeral
or embalming services in the category of retired, inactive status.
The department [commission] may not charge a fee for the renewal of
a license for retired, inactive status.
(c) On application, the department [commission] may renew
in the category of retired, active status, the license of a retired
license holder who participates in any manner, nominal or
otherwise, in the provision of funeral or embalming services. The
department [commission] shall charge a fee equal to one-half of the
amount of the license renewal fee charged other active license
holders.
SECTION 2.26. Sections 651.267(a), (b), and (d),
Occupations Code, are amended to read as follows:
(a) On application, the department [commission] may reissue
a license issued under this subchapter to a person whose license has
been revoked. An application to reissue a license may not be made
before the third anniversary of the date of the revocation.
(b) The application shall be made in the manner and form
required by the department [commission].
(d) A license that has been revoked may be reinstated only
after the applicant:
(1) retakes and passes the applicable examination;
(2) pays a fee that is equal to two times the normally
required renewal fee; and
(3) satisfies any other [commission] requirements of
this chapter, including any continuing education requirements
under Section 651.266.
SECTION 2.27. Section 651.302, Occupations Code, is amended
to read as follows:
Sec. 651.302. APPLICATION; ISSUANCE OF PROVISIONAL
LICENSE. (a) The department [commission] shall issue a
provisional license to practice funeral directing to an applicant
who:
(1) is at least 18 years of age;
(2) has completed the educational requirements of
Section 651.253 or is enrolled in an accredited school or college of
mortuary science;
(3) is employed by a funeral director to learn funeral
directing or embalming under the instruction and supervision of the
funeral director;
(4) files an application for a provisional license on
a form provided by the department [commission] and verified under
oath by the applicant; and
(5) pays any required application or license fee.
(b) The department [commission] shall issue a provisional
license to practice embalming to an applicant who:
(1) is at least 18 years of age;
(2) has completed the educational requirements of
Section 651.253 or is enrolled in an accredited school or college of
mortuary science;
(3) files an application for a provisional license;
(4) pays any required application or license fee; and
(5) complies with the requirements of this chapter and
of the commission.
SECTION 2.28. Section 651.303(a), Occupations Code, is
amended to read as follows:
(a) The department [commission] shall prescribe and
supervise the course of instruction received by a provisional
license holder while participating in a provisional license
program.
SECTION 2.29. Section 651.304, Occupations Code, is amended
to read as follows:
Sec. 651.304. EMPLOYMENT REPORTS. (a) On entering
employment with a funeral director or embalmer, a provisional
license holder shall immediately notify the department
[commission] of the name and place of business of the funeral
director or embalmer under whom the provisional license holder will
train. The funeral director or embalmer shall sign the
notification.
(b) [(d)] If a provisional license holder leaves the
employment of a funeral director or embalmer, the funeral director
or embalmer shall prepare an affidavit showing the length of time
the provisional license holder was employed and the number of cases
handled while employed by the funeral director or embalmer. The
original affidavit shall be filed with the department [commission]
and made a matter of record. A copy of the affidavit shall be
furnished to the provisional license holder.
(c) [(e)] The commission by rule shall prescribe reporting
requirements for provisional license holders. The department
[commission] shall furnish report forms to be used by a provisional
license holder.
SECTION 2.30. Sections 651.305(c), (d), and (e),
Occupations Code, are amended to read as follows:
(c) If a provisional license holder fails to timely pay the
renewal fee, the department [commission] shall:
(1) impose a late payment penalty equal to the amount
of the license renewal fee;
(2) suspend the license for nonpayment; and
(3) notify the provisional license holder of the
suspension.
(d) If the renewal fee and penalty are not paid before the
91st day after the date of the notice of suspension, the department
[commission] shall cancel the license. If the license is canceled
under this subsection, the provisional license holder may apply for
reinstatement not later than 18 months after the date of
cancellation. The department [commission] may reinstate the
canceled license if:
(1) all other department [commission] requirements
are satisfied; and
(2) the license fee and a late payment penalty equal to
the amount of the license fee for the period of the cancellation are
paid.
(e) A provisional license may be renewed after the second
anniversary of the date of its issuance only if the person requests
and receives from the department [commission] an extension based on
hardship.
SECTION 2.31. Sections 651.351(a), (c), (g), and (h),
Occupations Code, are amended to read as follows:
(a) A funeral establishment may not conduct a funeral
business unless it is licensed by the department [commission].
(c) To obtain an initial funeral establishment license, an
applicant must apply for a license and pay the licensing fee. The
department [commission] shall issue an initial funeral
establishment license on determining that the applicant satisfies
the requirements of this section.
(g) The department [commission] may exempt a funeral
establishment from the requirements of Subsection (d)(5) if:
(1) the majority owner or designated agent of record
of a funeral establishment submits a written petition to the
department [commission] requesting an exemption and stating:
(A) the establishment's name and address;
(B) that the establishment is located within 50
miles of a facility owned by the establishment requesting the
exemption and at which embalming services may be performed; and
(C) that no embalming services will be performed
at the establishment; and
(2) the department [commission] determines that the
criteria in Subdivision (1) have been met.
(h) The department [executive director] shall notify the
petitioner of the department's [commission's] decision. The
exemption remains in effect until:
(1) the establishment is no longer located within 50
miles of a facility owned by the exempt establishment or at which
embalming services may be performed; or
(2) an embalming service has been performed at the
establishment.
SECTION 2.32. Sections 651.353(a) and (c), Occupations
Code, are amended to read as follows:
(a) A cemetery may not conduct a cemetery business unless
the facility is licensed by the department [commission].
(c) To obtain an initial cemetery license, an applicant must
apply for a license and pay the licensing fee. The department
[commission] shall issue an initial cemetery license on determining
that the applicant satisfies the requirements of this chapter.
SECTION 2.33. Section 651.354(a), Occupations Code, is
amended to read as follows:
(a) The department [commission] shall mail written notice
to a cemetery or funeral establishment of the impending expiration
of the establishment's license not later than the 30th day before
the expiration date of the license. The notice must state that:
(1) to renew the license, the cemetery or funeral
establishment must pay the renewal fee not later than the license
expiration date; and
(2) the license is automatically renewed on receipt of
the renewal fee.
SECTION 2.34. Section 651.355(a), Occupations Code, is
amended to read as follows:
(a) The Texas Department of Banking shall provide annually
to the department [commission] a list of perpetual care cemeteries,
including the address and other contact information for each
cemetery. The department [commission] shall annually register
each perpetual care cemetery on that list.
SECTION 2.35. Section 651.403(a), Occupations Code, is
amended to read as follows:
(a) A funeral establishment shall:
(1) designate to the department [commission] a funeral
director in charge; and
(2) promptly notify the department [commission] of any
change in that designation.
SECTION 2.36. Section 651.404, Occupations Code, is amended
to read as follows:
Sec. 651.404. CONSUMER BROCHURE. When funeral services are
discussed, a funeral director or agent of the funeral establishment
shall provide each prospective customer with a copy of the brochure
prepared by the department [commission] under Section 651.201. The
funeral establishment shall print additional copies of the brochure
if the department [commission] is unable to provide the number of
brochures needed by the funeral establishment.
SECTION 2.37. Section 651.406(a), Occupations Code, is
amended to read as follows:
(a) A purchase agreement must state:
(1) the name, address, and telephone number of the
funeral establishment;
(2) the amount paid or owed to another person by the
funeral establishment on behalf of the customer and each fee
charged the customer for the cost of advancing funds or becoming
indebted to another person on behalf of the customer;
(3) the printed notice required by Subsection (b);
(4) the name, mailing address, and telephone number of
the department [commission]; and
(5) a statement that complaints may be directed to the
department [commission].
SECTION 2.38. Section 651.4065(a), Occupations Code, is
amended to read as follows:
(a) A purchase agreement must state:
(1) the name, address, and telephone number of the
cemetery or crematory;
(2) the amount paid or owed to another person by the
cemetery or crematory on behalf of the customer and each fee charged
the customer for the cost of advancing funds or becoming indebted to
another person on behalf of the customer;
(3) the printed notice required by Subsection (b);
(4) the name, mailing address, and telephone number of
the department [commission];
(5) a statement that complaints may be directed to the
department [commission]; and
(6) any other items that the commission may by rule
require.
SECTION 2.39. Sections 651.407(c) and (d), Occupations
Code, are amended to read as follows:
(c) The funeral establishment shall retain a copy of the
written consent for at least two years and shall make the records of
the funeral establishment reasonably available for inspection by:
(1) the department [commission];
(2) the person who provided the consent; and
(3) the next of kin of the deceased person.
(d) The school or college of mortuary science shall retain a
copy of the written consent permanently and shall make the records
of the school or college of mortuary science reasonably available
for inspection by the department [commission].
SECTION 2.40. Section 651.451, Occupations Code, is amended
to read as follows:
Sec. 651.451. CERTAIN FRAUDULENT AND DECEPTIVE ACTS. A
person violates this chapter if the person:
(1) presents to the department [commission] a license,
certificate, registration, or diploma that was illegally or
fraudulently obtained;
(2) uses fraud or deception in passing the
examination, including impersonating or acting as a proxy for
another person in the examination;
(3) purchases, sells, barters, or uses, or offers to
purchase, sell, barter, or use, a license, registration,
certificate, or transcript of a license, registration, or
certificate in or incident to an application to the department
[commission] for a license or registration issued under this
chapter;
(4) alters, with fraudulent intent, a license,
registration, or certificate issued under this chapter or a
transcript of a license, registration, or certificate;
(5) uses a license, registration, certificate, or
diploma issued under this chapter or a transcript of a license,
registration, certificate, or diploma that has been fraudulently
purchased, issued, counterfeited, or materially altered;
(6) impersonates a funeral director, embalmer, or
other person regulated under this chapter;
(7) permits another to use the person's license or
registration to perform an activity regulated under this chapter;
or
(8) presents false certification of work done as a
provisional license holder.
SECTION 2.41. Section 651.460(a), Occupations Code, is
amended to read as follows:
(a) A person violates this chapter if the person:
(1) arranges for funeral services or merchandise and
fails to provide a customer with a purchase agreement as required by
Section 651.406;
(2) fails to retain and make available to the
department [commission], on request, copies of all price lists,
written notices, embalming documents, and memoranda of agreement
required by this chapter for two years after the date of
distribution or signing;
(3) violates this chapter, a rule adopted under this
chapter, an order by the commission revoking, suspending, or
probating a license, an order assessing an administrative penalty,
or an agreement to pay an administrative penalty;
(4) allows the use of a dead human body by an embalming
establishment for research or educational purposes without
complying with Section 651.407; or
(5) is associated with a funeral establishment,
whether as an employee, agent, subcontractor, assignee, owner, or
otherwise, and fails to comply with this chapter or a rule adopted
under this chapter.
SECTION 2.42. Section 651.5025(a), Occupations Code, is
amended to read as follows:
(a) The commission may revoke the license of a license
holder without a hearing if the department [commission] determines
from the information presented to it that the license holder has
been convicted of a felony related to the practice of embalming,
funeral directing, or another activity regulated by the department
[commission] under this chapter. The department [commission] shall
notify the license holder if it decides to revoke the license.
SECTION 2.43. Sections 651.503(a) and (b), Occupations
Code, are amended to read as follows:
(a) The commission shall issue a written warning to a
license holder if [the commission]:
(1) the department conducts an investigation that
identifies a violation of this chapter by the license holder; and
(2) the commission does not issue a reprimand, assess
an administrative penalty, or impose any other penalty against the
license holder.
(b) The warning must:
(1) describe the identified violation; and
(2) state the date by which the license holder must
file with the department [commission] a written report that
describes:
(A) the measures implemented by the license
holder to correct the violation; and
(B) the dates those measures were implemented.
SECTION 2.44. Section 651.504, Occupations Code, is amended
to read as follows:
Sec. 651.504. REPRIMAND. The commission may, after a
hearing as provided by Chapter 51 [Section 651.506] or without a
hearing if the person waives a hearing, reprimand a person
regulated under this chapter if the commission determines that the
person violated this chapter or a rule adopted under this chapter.
SECTION 2.45. Section 651.505(b), Occupations Code, is
amended to read as follows:
(b) The department [commission] shall notify in writing a
license holder placed on probation of the probation. The
department [commission] shall furnish the license holder with
written probationary orders that detail the actions required by the
department [commission] of the license holder during the probation
period.
SECTION 2.46. Section 651.5061, Occupations Code, is
amended to read as follows:
Sec. 651.5061. WAIVER OF HEARING BY FUNERAL OR CREMATORY
ESTABLISHMENT. A funeral or crematory establishment alleged to
have violated this chapter or a rule adopted under this chapter may
waive the right to a hearing as provided by Chapter 51 [Section
651.506] by written notification to the department [commission].
SECTION 2.47. Sections 651.656(a) and (c), Occupations
Code, are amended to read as follows:
(a) A person may not conduct a crematory business in this
state unless the person who is the owner or operator of the
crematory holds a crematory establishment license issued by the
department [commission].
(c) Subsection (b) does not apply to the owner or operator
of a crematory registered under this chapter [with the commission]
on September 1, 2003.
SECTION 2.48. Sections 651.657(a) and (c), Occupations
Code, are amended to read as follows:
(a) An applicant for a crematory establishment license
must:
(1) submit a written license application to the
department [commission];
(2) pay the application fee; and
(3) provide proof satisfactory to the department
[commission] that the owner or operator of the crematory is trained
and certified by a reputable organization approved by the
commission, such as the Cremation Association of North America.
(c) An application for a license or renewal of a license
must be on a form furnished by the department [commission].
SECTION 2.49. Sections 651.658(a), (e), and (f),
Occupations Code, are amended to read as follows:
(a) To renew a crematory establishment license, the
crematory establishment must annually:
(1) file a report with the department [commission]
that lists the number of cremations performed at the crematory
during the previous year;
(2) pay the license renewal fee; and
(3) provide the information required by Section
651.657 or a written statement that the information has not changed
since previously provided.
(e) The department [commission] shall grant an extension
for filing the annual report required by this section on the written
request of a crematory establishment for good cause. An extension
may not exceed 60 days. The department [commission] may grant
additional extensions for good cause.
(f) The department [commission] shall impose a $100 late fee
for each day a crematory establishment fails to submit the annual
report required by this section if an extension has not been
granted.
SECTION 2.50. Section 154.132(b), Finance Code, is amended
to read as follows:
(b) The website:
(1) must include a description of the trust and
insurance funding options available under the law of this state to
be developed with input from consumers, permit holders, insurers,
and funeral providers;
(2) may include links to and be linked from the
department's website, the Texas Department of Insurance website,
and the Texas Department of Licensing and Regulation [Funeral
Service Commission] website; and
(3) may include additional information or links to
additional information that the department determines may be
helpful to consumers of prepaid funeral benefits in this state.
SECTION 2.51. Section 411.122(d), Government Code, as
amended by Chapters 213 (S.B. 1005), 450 (H.B. 2447), and 933
(H.B. 3097), Acts of the 81st Legislature, Regular Session, 2009,
is reenacted and amended to read as follows:
(d) The following state agencies are subject to this
section:
(1) Texas Appraiser Licensing and Certification
Board;
(2) Texas Board of Architectural Examiners;
(3) Texas Board of Chiropractic Examiners;
(4) State Board of Dental Examiners;
(5) Texas Board of Professional Engineers;
(6) [Texas Funeral Service Commission;
[(7)] Texas Board of Professional Geoscientists;
(7) [(8)] Department of State Health Services, except
as provided by Section 411.110, and agencies attached to the
department, including:
(A) Texas State Board of Examiners of Dietitians;
(B) Texas State Board of Examiners of Marriage
and Family Therapists;
(C) Midwifery Board;
(D) Texas State Perfusionist Advisory Committee;
(E) Texas State Board of Examiners of
Professional Counselors;
(F) Texas State Board of Social Worker Examiners;
(G) State Board of Examiners for Speech-Language
Pathology and Audiology;
(H) Advisory Board of Athletic Trainers;
(I) State Committee of Examiners in the Fitting
and Dispensing of Hearing Instruments;
(J) Texas Board of Licensure for Professional
Medical Physicists; and
(K) Texas Board of Orthotics and Prosthetics;
(8) [(9)] Texas Board of Professional Land Surveying;
(9) [(10)] Texas Department of Licensing and
Regulation, except as provided by Section 411.093;
(10) [(11)] Texas Commission on Environmental
Quality;
(11) [(12)] Texas Board of Occupational Therapy
Examiners;
(12) [(13)] Texas Optometry Board;
(13) [(14)] Texas State Board of Pharmacy;
(14) [(15)] Texas Board of Physical Therapy
Examiners;
(15) [(16)] Texas State Board of Plumbing Examiners;
(16) [(17)] Texas State Board of Podiatric Medical
Examiners;
(17) [(18)] Texas State Board of Examiners of
Psychologists;
(18) [(19)] Texas Real Estate Commission;
(19) [(20)] Texas Department of Transportation;
(20) [(21)] State Board of Veterinary Medical
Examiners;
(21) [(22)] Texas Department of Housing and Community
Affairs;
(22) [(23)] secretary of state;
(23) [(24)] state fire marshal;
(24) [(25)] Texas Education Agency;
(25) [(26)] Department of Agriculture; and
(26) [(27)] Texas Department of Motor Vehicles.
SECTION 2.52. Section 572.003(c), Government Code, is
amended to read as follows:
(c) The term means a member of:
(1) the Public Utility Commission of Texas;
(2) the Texas Department of Economic Development;
(3) the Texas Commission on Environmental Quality;
(4) the Texas Alcoholic Beverage Commission;
(5) The Finance Commission of Texas;
(6) the Texas Facilities Commission;
(7) the Texas Board of Criminal Justice;
(8) the board of trustees of the Employees Retirement
System of Texas;
(9) the Texas Transportation Commission;
(10) [the Texas Workers' Compensation Commission;
[(11)] the Texas Department of Insurance;
(11) [(12)] the Parks and Wildlife Commission;
(12) [(13)] the Public Safety Commission;
(13) [(14)] the Texas Ethics Commission;
(14) [(15)] the State Securities Board;
(15) [(16)] the Texas Water Development Board;
(16) [(17)] the governing board of a public senior
college or university as defined by Section 61.003, Education Code,
or of The University of Texas Southwestern Medical Center at
Dallas, The University of Texas Medical Branch at Galveston, The
University of Texas Health Science Center at Houston, The
University of Texas Health Science Center at San Antonio, The
University of Texas System M. D. Anderson Cancer Center, The
University of Texas Health Science Center at Tyler, University of
North Texas Health Science Center at Fort Worth, Texas Tech
University Health Sciences Center, Texas State Technical
College--Harlingen, Texas State Technical College--Marshall, Texas
State Technical College--Sweetwater, or Texas State Technical
College--Waco;
(17) [(18)] the Texas Higher Education Coordinating
Board;
(18) [(19)] the Texas Workforce Commission;
(19) [(21)] the board of trustees of the Teacher
Retirement System of Texas;
(20) [(22)] the Credit Union Commission;
(21) [(23)] the School Land Board;
(22) [(24)] the board of the Texas Department of
Housing and Community Affairs;
(23) [(25)] the Texas Racing Commission;
(24) [(26)] the State Board of Dental Examiners;
(25) [(27)] the Texas Medical [State] Board [of
Medical Examiners];
(26) [(28)] the Board of Pardons and Paroles;
(27) [(29)] the Texas State Board of Pharmacy;
(28) [(30)] the Department of Information Resources
governing board;
(29) [(31)] the Motor Vehicle Board;
(30) [(32)] the Texas Real Estate Commission;
(31) [(33)] the board of directors of the State Bar of
Texas;
(32) [(34)] the bond review board;
(33) [(35)] the [Texas Board of] Health and Human
Services Commission;
(34) [(36) the Texas Board of Mental Health and
Mental Retardation;
[(37) the Texas Board on Aging;
[(38) the Texas Board of Human Services;
[(39) the Texas Funeral Service Commission;
[(40)] the board of directors of a river authority
created under the Texas Constitution or a statute of this state; or
(35) [(41)] the Texas Lottery Commission.
SECTION 2.53. Section 2054.352(a), Government Code, as
amended by Chapters 213 (S.B. 1005) and 450 (H.B. 2447), Acts of the
81st Legislature, Regular Session, 2009, is reenacted and amended
to read as follows:
(a) The following licensing entities shall participate in
the system established under Section 2054.353:
(1) Texas Board of Chiropractic Examiners;
(2) Court Reporters Certification Board;
(3) State Board of Dental Examiners;
(4) [Texas Funeral Service Commission;
[(5)] Texas Board of Professional Land Surveying;
(5) [(6)] Texas Medical Board;
(6) [(7)] Texas Board of Nursing;
(7) [(8)] Texas Optometry Board;
(8) [(9)] Department of Agriculture, for licenses
issued under Chapter 1951, Occupations Code;
(9) [(10)] Texas State Board of Pharmacy;
(10) [(11)] Executive Council of Physical Therapy and
Occupational Therapy Examiners;
(11) [(12)] Texas State Board of Plumbing Examiners;
(12) [(13)] Texas State Board of Podiatric Medical
Examiners;
(13) [(14)] Texas State Board of Examiners of
Psychologists;
(14) [(15)] State Board of Veterinary Medical
Examiners;
(15) [(16)] Texas Real Estate Commission;
(16) [(17)] Texas Appraiser Licensing and
Certification Board;
(17) [(18)] Texas Department of Licensing and
Regulation;
(18) [(19)] Texas State Board of Public Accountancy;
(19) [(20)] State Board for Educator Certification;
(20) [(21)] Texas Board of Professional Engineers;
(21) [(22)] Department of State Health Services;
(22) [(23)] Texas Board of Architectural Examiners;
(23) [(24)] Texas Racing Commission;
(24) [(25)] Commission on Law Enforcement Officer
Standards and Education; and
(25) [(26)] Texas Private Security Board.
SECTION 2.54. Section 695.001, Health and Safety Code, is
amended by amending Subdivision (2) and adding Subdivision (3) to
read as follows:
(2) "Commission" means the Texas [Funeral Service]
Commission of Licensing and Regulation.
(3) "Department" means the Texas Department of
Licensing and Regulation.
SECTION 2.55. Section 695.002, Health and Safety Code, is
amended to read as follows:
Sec. 695.002. IDENTIFICATION OF DECEASED PERSON. The
department [commission] shall ensure a casket contains
identification of the deceased person, including the person's name,
date of birth, and date of death.
SECTION 2.56. Sections 711.004(f) and (h), Health and
Safety Code, are amended to read as follows:
(f) Except as is authorized for a justice of the peace
acting as coroner or medical examiner under Chapter 49, Code of
Criminal Procedure, remains may not be removed from a cemetery
except on the written order of the state registrar or the state
registrar's designee. The cemetery organization shall keep a
duplicate copy of the order as part of its records. The Texas
[Funeral Service] Commission of Licensing and Regulation may adopt
rules to implement this subsection.
(h) If the remains are not reinterred, the person who
removes the remains shall:
(1) make and keep a record of the disposition of the
remains; and
(2) not later than the 30th day after the date the
remains are removed, provide notice by certified mail to the Texas
Department of Licensing and Regulation [Funeral Service
Commission] and the Department of State Health Services of the
person's intent not to reinter the remains and the reason the
remains will not be reinterred.
SECTION 2.57. Section 711.007(b), Health and Safety Code,
is amended to read as follows:
(b) The proceeding may be brought by:
(1) the attorney general;
(2) the Banking Commissioner of Texas;
(3) the governing body of a municipality with a
population of more than 25,000, if the cemetery is located in the
municipality or not farther than five miles from the municipality;
(4) the district attorney of the county, if the
cemetery is located in an area of the county not described by
Subdivision (3);
(5) the owner of a residence:
(A) in or near the municipality in which the
cemetery is located; or
(B) in the area proscribed for the location of a
cemetery by Section 711.008;
(6) the Texas Department of Licensing and Regulation
[Funeral Service Commission]; or
(7) the owner of a plot in the cemetery.
SECTION 2.58. Section 711.012(b), Health and Safety Code,
is amended to read as follows:
(b) The Texas [Funeral Service] Commission of Licensing and
Regulation may adopt rules, establish procedures, and prescribe
forms to enforce and administer Sections 711.003, 711.008,
711.0105, 711.021-711.034, 711.038, 711.0395, 711.041, 711.042,
711.052, 711.061, and 711.062 relating to cemeteries that are not
perpetual care cemeteries.
SECTION 2.59. Section 711.0515, Health and Safety Code, as
added by Chapters 263 (H.B. 1468) and 914 (H.B. 2927), Acts of the
81st Legislature, Regular Session, 2009, is reenacted and amended
to read as follows:
Sec. 711.0515. ENFORCEMENT BY ATTORNEY GENERAL; INJUNCTIVE
RELIEF. In addition to bringing an action under Section 711.051,
the attorney general at the request of the executive director of the
Texas Department of Licensing and Regulation [Funeral Service
Commission] may bring an action for injunctive relief to enforce
this chapter or a rule or order adopted by the Texas Commission of
Licensing and Regulation [commission] under this chapter.
SECTION 2.60. Section 715.003, Health and Safety Code, is
amended to read as follows:
Sec. 715.003. PARTIES TO ACTION. An action commenced under
this chapter shall be brought by the incorporators of the nonprofit
corporation on behalf of the nonprofit corporation. The necessary
parties to the action on which citation shall be served under
Section 715.006 are:
(1) the record owners of the real property comprising
the historic cemetery;
(2) the owners of plots in the cemetery, who may be
designated as a class in the petition;
(3) the Texas Historical Commission; and
(4) the Texas Department of Licensing and Regulation
[Funeral Service Commission].
SECTION 2.61. Section 715.006(a), Health and Safety Code,
is amended to read as follows:
(a) Before the 31st day after the date an action is
commenced by a nonprofit corporation under this chapter, the
nonprofit corporation shall cause citation to be issued and served
by certified mail, return receipt requested, on:
(1) the record owners of the real property comprising
the cemetery at their last known addresses;
(2) the owners of plots in the cemetery at their last
known addresses;
(3) the Texas Historical Commission at its office in
Austin, Texas;
(4) the Texas Department of Licensing and Regulation
[Funeral Service Commission]; and
(5) the county auditor of the county in which the
cemetery is located.
SECTION 2.62. Section 716.001, Health and Safety Code, is
amended by adding Subdivision (10-a) to read as follows:
(10-a) "Department" means the Texas Department of
Licensing and Regulation.
SECTION 2.63. Section 716.003(b), Health and Safety Code,
is amended to read as follows:
(b) A crematory, other than a crematory registered under
Chapter 651, Occupations Code, [with the commission] on September
1, 2003, must:
(1) be adjacent to a perpetual care cemetery or
funeral establishment; and
(2) be owned or operated by the person that owns or
operates the perpetual care cemetery or funeral establishment.
SECTION 2.64. Section 716.203(e), Health and Safety Code,
is amended to read as follows:
(e) The department [commission] may not initiate
disciplinary action against a crematory establishment on the basis
of a complaint based on the conduct of an employee, agent, or
representative of the establishment that is:
(1) performed outside of the scope and authority of
employment; or
(2) contrary to the written instructions of the
crematory establishment.
SECTION 2.65. Section 101.002, Occupations Code, is amended
to read as follows:
Sec. 101.002. COMPOSITION OF COUNCIL. The council consists
of 14 members, with one member appointed by each of the following:
(1) the Texas Board of Chiropractic Examiners;
(2) the State Board of Dental Examiners;
(3) the Texas Optometry Board;
(4) the Texas State Board of Pharmacy;
(5) the Texas State Board of Podiatric Medical
Examiners;
(6) the State Board of Veterinary Medical Examiners;
(7) the Texas Medical Board;
(8) the Texas Board of Nursing;
(9) the Texas State Board of Examiners of
Psychologists;
(10) the entity that regulates the funeral service
industry [Texas Funeral Service Commission];
(11) the entity that regulates the practice of
physical therapy;
(12) the entity that regulates the practice of
occupational therapy;
(13) the health licensing division of the Department
of State Health Services; and
(14) the governor's office.
SECTION 2.66. (a) The following sections of the
Occupations Code are repealed:
(1) Section 101.0515;
(2) Section 651.002;
(3) Section 651.156;
(4) Section 651.163;
(5) Sections 651.165(a), (b), (c), (e), and (f);
(6) Section 651.166;
(7) Section 651.167;
(8) Section 651.202;
(9) Section 651.203;
(10) Section 651.204;
(11) Section 651.254;
(12) Section 651.259(g);
(13) Section 651.264;
(14) Section 651.267(c);
(15) Section 651.501;
(16) Section 651.502;
(17) Section 651.5026;
(18) Section 651.505(a);
(19) Section 651.506;
(20) Section 651.551;
(21) Section 651.5515;
(22) Section 651.553;
(23) Section 651.554;
(24) Section 651.555;
(25) Section 651.556;
(26) Section 651.557;
(27) Section 651.558;
(28) Section 651.601; and
(29) Section 651.658(b).
(b) Subchapters B and C, Chapter 651, Occupations Code, are
repealed.
(c) Section 716.001(3), Health and Safety Code, is
repealed.
SECTION 2.67. (a) Effective May 1, 2012:
(1) the Texas Funeral Service Commission is abolished;
(2) all functions and activities performed
immediately before that date by the Texas Funeral Service
Commission are transferred to the Texas Department of Licensing and
Regulation;
(3) a rule, form, policy, procedure, or decision of
the Texas Funeral Service Commission continues in effect as a rule,
form, policy, procedure, or decision of the Texas Commission of
Licensing and Regulation and remains in effect until amended or
replaced by the commission;
(4) a reference in law or administrative rule to the
Texas Funeral Service Commission means the Texas Department of
Licensing and Regulation;
(5) all money, contracts, leases, rights, property,
records, and bonds and other obligations of the Texas Funeral
Service Commission are transferred to the Texas Department of
Licensing and Regulation;
(6) a court case, administrative proceeding, contract
negotiation, or other proceeding involving the Texas Funeral
Service Commission is transferred without change in status to the
Texas Department of Licensing and Regulation, and the Texas
Department of Licensing and Regulation assumes, without a change in
status, the position of the Texas Funeral Service Commission in a
negotiation or proceeding relating to an activity transferred by
this Act to the Texas Department of Licensing and Regulation to
which the Texas Funeral Service Commission is a party; and
(7) any unexpended and unobligated balance of money
appropriated by the legislature for the Texas Funeral Service
Commission is transferred to the Texas Department of Licensing and
Regulation.
(b) In the period beginning on January 1, 2012, and ending
on April 30, 2012:
(1) the Texas Funeral Service Commission shall
continue to perform functions and activities under Chapter 651,
Occupations Code, and other law as if the law had not been amended
or repealed, as applicable, and the former law is continued in
effect for that purpose; and
(2) a person who is authorized or required by law to
take an action relating to the Texas Funeral Service Commission or a
member of the commission shall continue to take that action under
the law as if the law had not been amended or repealed, as
applicable, and the former law is continued in effect for that
purpose.
SECTION 2.68. Before May 1, 2012, the Texas Funeral Service
Commission may agree with the Texas Department of Licensing and
Regulation to transfer any property of the Texas Funeral Service
Commission to the Texas Department of Licensing and Regulation to
implement the transfer required by Section 67 of this Act.
SECTION 2.69. To the extent of any conflict, this Act
prevails over another Act of the 82nd Legislature, Regular Session,
2011, relating to nonsubstantive additions to and corrections in
enacted codes.
ARTICLE 3: TRANSFER OF THE FUNCTIONS OF THE TEXAS STATE BOARD OF
PLUMBING EXAMINERS TO THE TEXAS DEPARTMENT OF REGULATION.
SECTION 3.1. Section 1301.002, Occupations Code, is amended
by amending Subdivisions (1), (1-a), (2), (3), (4), (6), (8), (9),
and (11) and adding Subdivision (1-b) to read as follows:
(1) "Commission" means the Texas Commission on
Licensing and Regulation.
(1-a) "Department" [(1) "Board"] means the Texas
Department of Licensing and Regulation [State Board of Plumbing
Examiners].
(1-b) [(1-a)] "Executive director" means the
executive director of the Texas Department of Licensing and
Regulation [State Board of Plumbing Examiners].
(2) "Drain cleaner" means a person who:
(A) has completed at least 4,000 hours working
under the supervision of a master plumber as a drain
cleaner-restricted registrant;
(B) has fulfilled the requirements of and is
registered with the department [board]; and
(C) installs cleanouts and removes and resets
p-traps to eliminate obstructions in building drains and sewers
under the supervision of a responsible master plumber.
(3) "Drain cleaner-restricted registrant" means a
person who:
(A) has worked as a plumber's apprentice under
the supervision of a master plumber;
(B) has fulfilled the requirements of and is
registered with the department [board]; and
(C) clears obstructions in sewer and drain lines
through any code-approved existing opening under the supervision of
a responsible master plumber.
(4) "Journeyman plumber" means a person licensed under
this chapter who:
(A) has met the qualifications for registration
as a plumber's apprentice or for licensing as a tradesman
plumber-limited license holder;
(B) has completed at least 8,000 hours working
under the supervision of a master plumber;
(C) installs, changes, repairs, services, or
renovates plumbing or supervises any of those activities under the
supervision of a responsible master plumber;
(D) has passed the required examination; and
(E) has fulfilled the other requirements of the
department [board].
(6) "Plumber's apprentice" means a person other than a
master plumber, journeyman plumber, or tradesman plumber-limited
license holder who, as the person's principal occupation, learns
about and assists in the installation of plumbing, has fulfilled
the requirements of and is registered by the department [board],
and works under the supervision of a responsible master plumber and
the direct supervision of a licensed plumber.
(8) "Plumbing inspector" means a person who:
(A) is employed by a political subdivision or
state agency, or contracts as an independent contractor with a
political subdivision or state agency, to inspect plumbing in
connection with health and safety laws, including ordinances, and
plumbing and gas codes;
(B) has passed the required examination; and
(C) has fulfilled the other requirements of the
department [board].
(9) "Residential utilities installer" means a person
who:
(A) has completed at least 2,000 hours working
under the supervision of a master plumber as a plumber's
apprentice;
(B) has fulfilled the requirements of and is
registered with the department [board]; and
(C) constructs and installs yard water service
piping for one-family or two-family dwellings and building sewers
under the supervision of a responsible master plumber.
(11) "Water supply protection specialist" means a
person who holds an endorsement issued by the department [board] to
engage in the inspection, in connection with health and safety
laws, including ordinances, of:
(A) the plumbing of a public water system
distribution facility; or
(B) customer-owned plumbing connected to the
water distribution lines of a public water system.
SECTION 3.2. Section 1301.002(5), Occupations Code, as
amended by Chapters 804 (S.B. 1410) and 1380 (S.B. 1354), Acts of
the 81st Legislature, Regular Session, 2009, is reenacted and
amended to read as follows:
(5) "Master plumber" means a person licensed under
this chapter who:
(A) is skilled in the design, planning, and
superintending of plumbing and in the practical installation,
repair, and servicing of plumbing;
(B) has worked as a journeyman plumber:
(i) for at least four years; or
(ii) for at least one year and has
successfully completed a training program approved by the United
States Department of Labor Office of Apprenticeship or another
nationally recognized apprentice training program accepted by the
department [board];
(C) performs or supervises plumbing work;
(D) has passed the required examination; and
(E) has fulfilled the other requirements of the
department [board].
SECTION 3.3. Section 1301.002(10), Occupations Code, as
amended by Chapters 804 (S.B. 1410) and 1380 (S.B. 1354), Acts of
the 81st Legislature, Regular Session, 2009, is reenacted and
amended to read as follows:
(10) "Tradesman plumber-limited license holder" means
a person who:
(A) has completed at least 4,000 hours working
under the direct supervision of a journeyman or master plumber as a
plumber's apprentice;
(B) has passed the required examination; [and]
(C) constructs and installs plumbing for
one-family or two-family dwellings under the supervision of a
responsible master plumber; and
(D) has fulfilled the other requirements of the
department [board].
SECTION 3.4. Section 1301.056, Occupations Code, is amended
to read as follows:
Sec. 1301.056. LAWN IRRIGATION SYSTEMS. A person licensed
by the department [board] is not required to be licensed by another
[board or] agency to install or work on a lawn irrigation system.
SECTION 3.5. Section 1301.057, Occupations Code, is amended
to read as follows:
Sec. 1301.057. SELF-HELP PROJECT. (a) A person is not
required to be licensed under this chapter to perform plumbing,
limited to the provision of a residential potable water supply or
residential sanitary sewer connection, for a project that:
(1) is in a county a part of which is within 50 miles of
an international border; and
(2) is performed by an organization that:
(A) is certified by the Texas Commission on
Environmental Quality [Natural Resource Conservation Commission]
to provide self-help project assistance; and
(B) provides the department [board] with the
following information before the 30th day before the date the
project begins:
(i) the exact location of the project;
(ii) the intended duration of the project;
and
(iii) other information the department
[board] requires.
(b) The department [board] may require under Subsection
(a)(2)(B)(iii) that the organization provide a post-construction
report signed by a plumbing inspector stating that the plumbing is
safe.
(c) The department [board] may provide training to an
organization that provides self-help project assistance under this
section.
SECTION 3.6. The heading to Subchapter D, Chapter 1301,
Occupations Code, is amended to read as follows:
SUBCHAPTER D. DEPARTMENT [EXECUTIVE DIRECTOR
[AND OTHER BOARD] PERSONNEL
SECTION 3.7. Section 1301.202, Occupations Code, is amended
to read as follows:
Sec. 1301.202. PLUMBING EXAMINER. (a) The department
[board] shall employ one or more plumbing examiners. A plumbing
examiner serves at the will of the department [board].
(b) A plumbing examiner shall:
(1) examine the fitness and qualifications of a person
applying to the department [board] for a license as a master
plumber, journeyman plumber, tradesman plumber-limited license
holder, or plumbing inspector; and
(2) promptly certify the result of the examination to
the department [board].
SECTION 3.8. Section 1301.203(a), Occupations Code, is
amended to read as follows:
(a) The department [board] may employ a field
representative to assist the department [board] in enforcing this
chapter and rules adopted under this chapter. A field
representative must:
(1) hold a license as a plumber under this chapter;
(2) be knowledgeable of this chapter and municipal
ordinances relating to plumbing; and
(3) be qualified by experience and training in
plumbing practice.
SECTION 3.9. The heading to Subchapter E, Chapter 1301,
Occupations Code, is amended to read as follows:
SUBCHAPTER E. ADMINISTRATION OF CHAPTER [BOARD POWERS
[AND DUTIES]
SECTION 3.10. Section 1301.251, Occupations Code, is
amended to read as follows:
Sec. 1301.251. GENERAL DUTIES OF DEPARTMENT AND COMMISSION
[BOARD]. (a) The department [board] shall[:
[(1)] administer and enforce this chapter. [;]
(b) The commission shall [(2)] adopt [and enforce] rules
necessary to administer this chapter. [; and]
(c) The department shall [(3)] keep a record of each
proceeding conducted before and action taken by the department or
commission relating to this chapter [board].
SECTION 3.11. Sections 1301.255(a), (b), (c), and (d),
Occupations Code, are amended to read as follows:
(a) The commission [board] shall adopt the following
plumbing codes, as those codes existed on May 31, 2001:
(1) the Uniform Plumbing Code, as published by the
International Association of Plumbing and Mechanical Officials;
and
(2) the International Plumbing Code, as published by
the International Code Council.
(b) The commission [board] by rule may adopt later editions
of the plumbing codes listed in Subsection (a).
(c) Plumbing installed in an area not otherwise subject to
regulation under this chapter by a person licensed under this
chapter must be installed in accordance with a plumbing code
adopted by the commission [board] under Subsection (a) or (b).
(d) In adopting a code for the design, installation, and
maintenance of a plumbing system under this section, a municipality
or an owner of a public water system may amend any provisions of the
code to conform to local concerns that do not substantially vary
from commission [board] rules or other rules of this state.
SECTION 3.12. Section 1301.258, Occupations Code, as added
by Chapter 1276 (H.B. 3507), Acts of the 78th Legislature, Regular
Session, 2003, is amended to read as follows:
Sec. 1301.258. ADVISORY COMMITTEES. The department [board]
may appoint advisory committees as it considers necessary. An
advisory committee member shall serve without compensation or
reimbursement. The committee [and] is subject to Section 2110.008,
Government Code.
SECTION 3.13. Section 1301.262, Occupations Code, is
amended to read as follows:
Sec. 1301.262. PLUMBING INSPECTOR CODE OF CONDUCT. The
commission [board] by rule shall establish a code of conduct for
licensed plumbing inspectors. The code of conduct shall require a
plumbing inspector to enforce this chapter and commission [board]
rules in a consistent manner across job sites.
SECTION 3.14. The heading to Subchapter F, Chapter 1301,
Occupations Code, is amended to read as follows:
SUBCHAPTER F. CONSUMER INTEREST INFORMATION
[AND COMPLAINT PROCEDURES]
SECTION 3.15. Section 1301.302, Occupations Code, is
amended to read as follows:
Sec. 1301.302. CONTRACT INFORMATION. A written proposal,
invoice, or contract relating to plumbing services performed by or
under the direction of a plumber licensed under this chapter must
contain the name and license number of the responsible master
plumber and the name, mailing address, and telephone number of the
department [board].
SECTION 3.16. Section 1301.352, Occupations Code, is
amended to read as follows:
Sec. 1301.352. EXAMINATION REQUIRED. The department
[board] shall issue a license or endorsement as a master plumber,
journeyman plumber, plumbing inspector, tradesman plumber-limited
license holder, medical gas piping installation endorsement
holder, water supply protection specialist, or multipurpose
residential fire protection sprinkler specialist to a person who
demonstrates the fitness, competence, and qualifications to
receive the license or endorsement by passing a uniform, reasonable
examination.
SECTION 3.17. Section 1301.3522, Occupations Code, is
amended to read as follows:
Sec. 1301.3522. EXAMINATION REVIEW COURSE. (a) The
department [board] shall develop a review course in English and
Spanish to assist license applicants in preparation for each
license examination relating to this chapter offered by the
department [board]. If the department [board] provides the review
course, the department [board] may charge a fee to an applicant who
applies to take the review course.
(b) The department [board] may provide the review course
training materials to private course providers for a fee determined
by the department [board].
SECTION 3.18. Section 1301.353, Occupations Code, is
amended to read as follows:
Sec. 1301.353. INSPECTOR CONFLICTS PROHIBITED. The
department [board] may not issue a plumbing inspector license to a
person who has a financial or advisory interest in a plumbing
company.
SECTION 3.19. Sections 1301.354(b), (b-1), (c), and (d),
Occupations Code, are amended to read as follows:
(b) A person who has worked as a plumber's apprentice for a
period established by law or commission [board] rule may apply to
take an examination for a license as a journeyman plumber or
tradesman plumber-limited license holder. Before the applicant may
take the examination, the applicant must complete classroom
training provided by a department-approved [board-approved]
instructor in a department-approved [board-approved] training
program in the areas of health and safety, applicable plumbing
codes, and water conservation for at least:
(1) 24 hours if the applicant is applying to take a
tradesman plumber-limited license holder examination; or
(2) 48 hours if the applicant is applying to take a
journeyman plumber examination.
(b-1) At the applicant's request, the department [board]
may credit an applicant under Subsection (b) with a number of hours
determined by commission [board] rule against the number of hours
of work experience required to take an examination if the applicant
has received an associate of applied science degree from a plumbing
technology program that:
(1) includes a combination of classroom and on-the-job
training; and
(2) is approved by the department [board] and the
Texas Higher Education Coordinating Board.
(c) At the applicant's request, the department [board] may
credit an applicant under Subsection (b) with up to 500 hours of the
work experience required before taking an examination if the
applicant has completed the classroom portion of a training
program:
(1) approved by the United States Department of Labor,
Office of Apprenticeship; or
(2) provided by a person approved by the department
[board] and based on course materials approved by the department
[board].
(d) Notwithstanding the classroom training required by
Subsection (b), a plumber's apprentice may apply for and take an
examination for a license as a journeyman plumber or tradesman
plumber-limited license holder if the apprentice has received an
associate of applied science degree from a plumbing technology
program that:
(1) includes a combination of classroom and on-the-job
training; and
(2) is approved by the department [board] and the
Texas Higher Education Coordinating Board.
SECTION 3.20. Section 1301.3541, Occupations Code, is
amended to read as follows:
Sec. 1301.3541. APPRENTICE REGISTRATION REQUIREMENTS. The
commission [board] by rule may adopt registration requirements for
plumber's apprentices, including training and education
requirements.
SECTION 3.21. Sections 1301.356(c) and (e), Occupations
Code, are amended to read as follows:
(c) An endorsement under this section is valid for three
years and may be renewed as provided by commission [board] rule.
(e) A plumbing inspector who meets the requirements of the
department [board] may hold a medical gas endorsement and inspect
medical gas piping installations.
SECTION 3.22. Sections 1301.3565(b), (c), and (f),
Occupations Code, are amended to read as follows:
(b) The department [board] shall issue an endorsement as a
multipurpose residential fire protection sprinkler specialist to a
person who:
(1) holds the license described by Subsection (a);
(2) applies to the department [board] on a form
prescribed by the department [board];
(3) pays a fee set by the commission [board];
(4) presents evidence satisfactory to the department
[board] of successful completion of a training program approved by
the department [board] that provides the training necessary for the
proper installation of a multipurpose residential fire protection
sprinkler system as required by the applicable codes and standards
recognized by the state; and
(5) passes an examination required by the department
[board].
(c) An endorsement issued under this section is valid until
the third anniversary of the date of issuance and may be renewed on
compliance with any requirements prescribed by commission [board]
rule.
(f) A plumbing inspector who meets the requirements of the
department [board] may inspect a multipurpose residential fire
protection sprinkler installation.
SECTION 3.23. Sections 1301.357(b) and (c), Occupations
Code, are amended to read as follows:
(b) The department [board] shall issue an endorsement as a
water supply protection specialist to a person who:
(1) is licensed under this chapter as a master plumber
or journeyman plumber;
(2) applies to the department [board] on a form
prescribed by the department [board];
(3) pays a fee set by the commission [board];
(4) presents evidence satisfactory to the department
[board] of successful completion of a certification program
approved by the department [board] for water supply protection
specialists; and
(5) passes an examination required by the department
[board].
(c) An endorsement issued under this section is valid until
the third anniversary of the date of issuance and may be renewed on
compliance with any requirements prescribed by commission [board]
rule.
SECTION 3.24. Section 1301.3575, Occupations Code, is
amended to read as follows:
Sec. 1301.3575. REGISTRATION OF CERTAIN PERSONS. The
department [board] shall register a person who complies with this
chapter as a drain cleaner, drain cleaner-restricted registrant,
residential utilities installer, or plumber's apprentice.
SECTION 3.25. Section 1301.3576, Occupations Code, is
amended to read as follows:
Sec. 1301.3576. CERTIFICATE OF INSURANCE FOR RESPONSIBLE
MASTER PLUMBER. When a person is issued a master plumber's license,
the person must provide the department [board] with a certificate
of insurance that meets the requirements of Section 1301.552 before
the person works as a responsible master plumber.
SECTION 3.26. Section 1301.358, Occupations Code, is
amended to read as follows:
Sec. 1301.358. OUT-OF-STATE APPLICANTS; PROVISIONAL
LICENSE. (a) The department [board] may waive any prerequisite to
obtaining a license for an applicant after reviewing the
applicant's credentials and determining that the applicant holds a
license issued by another jurisdiction that has licensing
requirements substantially equivalent to those of this state.
(b) The department [board] may issue a provisional license
to an applicant currently licensed in another jurisdiction who
seeks a license in this state and who:
(1) has been licensed in good standing as a plumber for
at least two years in another jurisdiction, including a foreign
country, that has licensing requirements substantially equivalent
to the requirements of this chapter;
(2) has passed a national or other examination
recognized by the department [board] relating to the practice of
plumbing; and
(3) is sponsored by a person licensed by the
department [board] under this chapter with whom the provisional
license holder will practice during the time the person holds a
provisional license.
(c) The department [board] may waive the requirement of
Subsection (b)(3) for an applicant if the department [board]
determines that compliance with that subdivision would be a
hardship to the applicant.
(d) A provisional license is valid until the date the
department [board] approves or denies the provisional license
holder's application for a license. The department [board] shall
issue a license under this chapter to the provisional license
holder if:
(1) the provisional license holder is eligible to be
licensed under Subsection (a); or
(2) the provisional license holder passes the part of
the examination under Section 1301.352 that relates to the
applicant's knowledge and understanding of the laws and rules
relating to the practice of plumbing in this state and:
(A) the department [board] verifies that the
provisional license holder meets the academic and experience
requirements for a license under this chapter; and
(B) the provisional license holder satisfies any
other licensing requirements under this chapter.
(e) The department [board] must approve or deny a
provisional license holder's application for a license not later
than the 180th day after the date the provisional license is issued.
The department [board] may extend the 180-day period if the results
of an examination have not been received by the department [board]
before the end of that period.
(f) The department [board] may establish a fee for
provisional licenses in an amount reasonable and necessary to cover
the cost of issuing the license.
SECTION 3.27. Section 1301.401, Occupations Code, is
amended to read as follows:
Sec. 1301.401. ANNUAL RENEWAL REQUIRED. [(a)] A license or
registration under this chapter is valid for one year. On payment
of the required fee, a license may be renewed annually.
[(b) The board by rule may adopt a system under which
licenses, endorsements, and registrations expire on various dates
during the year.]
SECTION 3.28. Section 1301.402, Occupations Code, is
amended to read as follows:
Sec. 1301.402. NOTICE OF CHANGE OF ADDRESS [LICENSE,
ENDORSEMENT, OR REGISTRATION EXPIRATION]. A [(a) Not later than
the 31st day before the expiration date of a person's license,
endorsement, or registration, the board shall send written notice
of the impending expiration to the person at the person's last known
address according to board records.
[(b) The] person shall notify the board of any change of
name or address not later than the 30th day after the date of
receipt of the written notice of the impending expiration of the
person's license [of any change of name or address].
SECTION 3.29. Sections 1301.403(b), (c), (e), and (f),
Occupations Code, are amended to read as follows:
(b) A person whose license or endorsement has been expired
for 90 days or less may renew the license or endorsement by paying
to the department [agency] a renewal fee that is equal to 1-1/2
times the normally required renewal fee. A person whose
registration has been expired for 90 days or less may renew the
registration by paying to the department [board] a renewal fee that
is equal to 1-1/2 times the normally required renewal fee.
(c) A person whose license or endorsement has been expired
for more than 90 days but less than two years may renew the license
or endorsement by paying to the department [agency] a renewal fee
that is equal to two times the normally required renewal fee. A
person whose registration has been expired for more than 90 days but
less than two years may renew the registration by paying to the
department [board] a renewal fee that is equal to two times the
normally required renewal fee.
(e) A person who held a license, endorsement, or
registration in this state, moved to another state, and is
currently holding a license, endorsement, or registration and has
been in practice in the other state for the two years preceding the
date of application may obtain a new license, endorsement, or
registration without reexamination. The person must pay to the
department [agency] a fee that is equal to two times the normally
required renewal fee for the license, endorsement, or registration.
(f) Not later than the 30th day before the date a person's
license, endorsement, or registration is scheduled to expire, the
department [agency] shall send written notice of the impending
expiration to the person at the person's last known address
according to the records of the department [agency].
SECTION 3.30. Section 1301.404, Occupations Code, is
amended to read as follows:
Sec. 1301.404. MANDATORY CONTINUING PROFESSIONAL
EDUCATION. (a) [The board shall recognize, approve, and
administer continuing education programs for persons who hold
licenses or endorsements under this chapter.
[(b)] A person who holds a license or endorsement under this
chapter must complete at least six hours of continuing professional
education each year the person holds the license or endorsement to
renew the person's license or endorsement. Three of the six hours
must be in the subjects of health protection, energy conservation,
and water conservation.
(b) [(c)] The commission [board] by rule shall adopt the
criteria for the continuing professional education.
(c) [(d)] A person may receive credit for participating in a
continuing professional education program or course only if the
program or course is provided:
(1) by an individual, business, or association
approved by the department [board]; and
(2) according to criteria adopted by the commission
[board].
(d) [(e)] A person may complete the continuing professional
education requirement of this section through an online [a
correspondence] course as approved by the department [board].
(e) [(f)] The commission [board] by rule may exempt certain
persons from the requirements of this section if the commission
[board] determines that the exemption is in the public interest.
SECTION 3.31. Section 1301.405, Occupations Code, is
amended to read as follows:
Sec. 1301.405. MANDATORY TRAINING FOR DRAIN CLEANER, DRAIN
CLEANER-RESTRICTED REGISTRANT, AND RESIDENTIAL UTILITIES
INSTALLER. (a) To renew the certificate of registration, a person
who holds a certificate of registration under this chapter as a
drain cleaner, drain cleaner-restricted registrant, or residential
utilities installer must annually complete at least six hours of
approved training that includes training in health and safety
requirements, commission-approved [board-approved] plumbing
codes, and water conservation.
(b) A person may receive credit for participating in a
training program only if the program is provided:
(1) by a person approved by the department [board];
and
(2) according to criteria adopted by the commission
[board].
(c) The commission [board] by rule may exempt certain
persons from the requirements of this section if the department
[board] determines that the exemption is in the public interest.
SECTION 3.32. Section 1301.452(a), Occupations Code, is
amended to read as follows:
(a) A person is subject to disciplinary action under Chapter
51 [Section 1301.451] if the person violates this chapter, an order
issued by the commission or department under this chapter [board],
or a commission [board] rule adopted under this chapter. A
violation of this chapter includes:
(1) obtaining a license, endorsement, or registration
through error or fraud;
(2) wilfully, negligently, or arbitrarily violating a
municipal rule or ordinance that regulates sanitation, drainage, or
plumbing;
(3) making a misrepresentation of services provided or
to be provided;
(4) making a false promise with the intent to induce a
person to contract for a service; or
(5) employing a person who does not hold a license or
endorsement or who is not registered to engage in an activity for
which a license, endorsement, or registration is required under
this chapter.
SECTION 3.33. Section 1301.501(b), Occupations Code, is
amended to read as follows:
(b) The commission [board] shall adopt rules under this
section that include a list describing the types of plumbing to
which this section applies.
SECTION 3.34. Section 1301.502(b), Occupations Code, is
amended to read as follows:
(b) The commission [board] shall adopt guidelines relating
to the circumstances when a field representative may issue a
citation. The guidelines must encourage the use of other
enforcement measures, including imposition of administrative
penalties, before the issuance of a citation.
SECTION 3.35. Section 1301.507, Occupations Code, is
amended to read as follows:
Sec. 1301.507. CIVIL PENALTY. A person who violates this
chapter or a rule, permit, or order of the commission or department
adopted under this chapter [board] is subject to a civil penalty of
not less than $50 or more than $1,000 for each act of violation and
for each day of violation after notice is provided to the person.
SECTION 3.36. Section 1301.5071, Occupations Code, is
amended to read as follows:
Sec. 1301.5071. INFORMAL SETTLEMENT CONFERENCE;
RESTITUTION. (a) The commission [board] by rule shall establish
procedures under which an informal settlement conference is
conducted to resolve a complaint against a person licensed under
this chapter.
(b) Subject to Subsection (c), the department [board] may
order a person licensed under this chapter to pay restitution to a
person as provided in an agreement resulting from an informal
settlement conference instead of or in addition to assessing an
administrative penalty under Chapter 51 [Subchapter N].
(c) The amount of restitution ordered as provided by an
agreement resulting from an informal settlement conference may not
exceed the amount the person paid to the license holder for a
service regulated by this chapter. The department [board] may not
require payment of other damages or estimate harm in a restitution
order.
SECTION 3.37. Section 1301.552, Occupations Code, is
amended to read as follows:
Sec. 1301.552. CERTIFICATE OF INSURANCE FOR PLUMBING PERMIT
IN POLITICAL SUBDIVISION. A political subdivision that requires a
plumbing contractor to obtain a permit before performing plumbing
in the political subdivision shall verify through the department's
[board's] Internet website, or by contacting the department [board]
by telephone, that the plumbing contractor has on file with the
department [board] a certificate of insurance. The certificate of
insurance must:
(1) be written by a company licensed to do business in
this state;
(2) provide for commercial general liability
insurance for the master plumber for a claim for property damage or
bodily injury, regardless of whether the claim arises from
negligence or on a contract; and
(3) provide coverage of not less than $300,000 for all
claims arising in a one-year period.
SECTION 3.38. Section 132.002(a), Education Code, is
amended to read as follows:
(a) The following schools or educational institutions may
be exempted from this chapter by the commission under Subsection
(d):
(1) a school or educational institution supported by
taxation from either a local or state source;
(2) a nonprofit school owned, controlled, operated,
and conducted by a bona fide religious, denominational,
eleemosynary, or similar public institution exempt from property
taxation under the laws of this state;
(3) a school or training program that offers
instruction of purely avocational or recreational subjects as
determined by the commission;
(4) a course or courses of instruction or study
sponsored by an employer for the training and preparation of its own
employees, and for which no tuition fee is charged to the student;
(5) a course or courses of study or instruction
sponsored by a recognized trade, business, or professional
organization for the instruction of the members of the organization
with a closed membership;
(6) a private college or university that awards a
recognized baccalaureate, or higher degree, and that maintains and
operates educational programs for which a majority of the credits
given are transferable to a college, junior college, or university
supported entirely or partly by taxation from either a local or
state source;
(7) a school or course that is otherwise regulated and
approved under and pursuant to any other law or rulemaking process
of this state or approved for continuing education credit by an
organization that accredits courses for the maintenance of a
license, except as provided by Subsection (c);
(8) an aviation school or instructor approved by and
under the supervision of the Federal Aviation Administration;
(9) a school that offers intensive review of a
student's acquired education, training, or experience to prepare
the student for an examination, other than a high school
equivalency examination, that the student by law may not take
unless the student has completed or substantially completed a
particular degree program, or that the student is required to take
as a precondition for enrollment in or admission to a particular
degree program;
(10) a private school offering primary or secondary
education, which may include a kindergarten or prekindergarten
program, and that satisfies the compulsory attendance requirements
of Section 25.085 pursuant to Section 25.086(a)(1);
(11) a course or courses of instruction by bona fide
electrical trade associations for the purpose of preparing students
for electrical tests required for licensing and for the purpose of
providing continuing education to students for the renewal of
electrical licenses;
(12) a nonprofit arts organization that has as its
primary purpose the provision of instruction in the dramatic arts
and the communications media to persons younger than 19 years of
age;
(13) a course or training program conducted by a
nonprofit association of air conditioning and refrigeration
contractors approved by the Air Conditioning and Refrigeration
Contractors Advisory Board to provide instruction for technical,
business, or license examination preparation programs relating to
air conditioning and refrigeration contracting, as that term is
defined by Chapter 1302, Occupations Code;
(14) a course of instruction by a plumbing trade
association to prepare students for a plumbing test or program
required for licensing, certification, or endorsement or to provide
continuing education approved by the Texas Commission on Licensing
and Regulation [State Board of Plumbing Examiners]; and
(15) a course of instruction in the use of
technological hardware or software if the course is offered to a
purchaser of the hardware or software or to the purchaser's
employee by a person who manufactures and sells, or develops and
sells, the hardware or software, and if the seller is not primarily
in the business of providing courses of instruction in the use of
the hardware or software, as determined by the commission.
SECTION 3.39. Section 411.122(d), Government Code, as
amended by Chapters 213 (S.B. 1005), 450 (H.B. 2447), and 933
(H.B. 3097), Acts of the 81st Legislature, Regular Session, 2009,
is reenacted and amended to read as follows:
(d) The following state agencies are subject to this
section:
(1) Texas Appraiser Licensing and Certification
Board;
(2) Texas Board of Architectural Examiners;
(3) Texas Board of Chiropractic Examiners;
(4) State Board of Dental Examiners;
(5) Texas Board of Professional Engineers;
(6) Texas Funeral Service Commission;
(7) Texas Board of Professional Geoscientists;
(8) Department of State Health Services, except as
provided by Section 411.110, and agencies attached to the
department, including:
(A) Texas State Board of Examiners of Dietitians;
(B) Texas State Board of Examiners of Marriage
and Family Therapists;
(C) Midwifery Board;
(D) Texas State Perfusionist Advisory Committee;
(E) Texas State Board of Examiners of
Professional Counselors;
(F) Texas State Board of Social Worker Examiners;
(G) State Board of Examiners for Speech-Language
Pathology and Audiology;
(H) Advisory Board of Athletic Trainers;
(I) State Committee of Examiners in the Fitting
and Dispensing of Hearing Instruments;
(J) Texas Board of Licensure for Professional
Medical Physicists; and
(K) Texas Board of Orthotics and Prosthetics;
(9) Texas Board of Professional Land Surveying;
(10) Texas Department of Licensing and Regulation,
except as provided by Section 411.093;
(11) Texas Commission on Environmental Quality;
(12) Texas Board of Occupational Therapy Examiners;
(13) Texas Optometry Board;
(14) Texas State Board of Pharmacy;
(15) Texas Board of Physical Therapy Examiners;
(16) [Texas State Board of Plumbing Examiners;
[(17)] Texas State Board of Podiatric Medical
Examiners;
(17) [(18)] Texas State Board of Examiners of
Psychologists;
(18) [(19)] Texas Real Estate Commission;
(19) [(20)] Texas Department of Transportation;
(20) [(21)] State Board of Veterinary Medical
Examiners;
(21) [(22)] Texas Department of Housing and Community
Affairs;
(22) [(23)] secretary of state;
(23) [(24)] state fire marshal;
(24) [(25)] Texas Education Agency;
(25) [(26)] Department of Agriculture; and
(26) [(27)] Texas Department of Motor Vehicles.
SECTION 3.40. Section 2054.352(a), Government Code, as
amended by Chapters 213 (S.B. 1005) and 450 (H.B. 2447), Acts of the
81st Legislature, Regular Session, 2009, is reenacted and amended
to read as follows:
(a) The following licensing entities shall participate in
the system established under Section 2054.353:
(1) Texas Board of Chiropractic Examiners;
(2) Court Reporters Certification Board;
(3) State Board of Dental Examiners;
(4) Texas Funeral Service Commission;
(5) Texas Board of Professional Land Surveying;
(6) Texas Medical Board;
(7) Texas Board of Nursing;
(8) Texas Optometry Board;
(9) Department of Agriculture, for licenses issued
under Chapter 1951, Occupations Code;
(10) Texas State Board of Pharmacy;
(11) Executive Council of Physical Therapy and
Occupational Therapy Examiners;
(12) [Texas State Board of Plumbing Examiners;
[(13)] Texas State Board of Podiatric Medical
Examiners;
(13) [(14)] Texas State Board of Examiners of
Psychologists;
(14) [(15)] State Board of Veterinary Medical
Examiners;
(15) [(16)] Texas Real Estate Commission;
(16) [(17)] Texas Appraiser Licensing and
Certification Board;
(17) [(18)] Texas Department of Licensing and
Regulation;
(18) [(19)] Texas State Board of Public Accountancy;
(19) [(20)] State Board for Educator Certification;
(20) [(21)] Texas Board of Professional Engineers;
(21) [(22)] Department of State Health Services;
(22) [(23)] Texas Board of Architectural Examiners;
(23) [(24)] Texas Racing Commission;
(24) [(25)] Commission on Law Enforcement Officer
Standards and Education; and
(25) [(26)] Texas Private Security Board.
SECTION 3.41. Sections 341.034(d) and (e), Health and
Safety Code, are amended to read as follows:
(d) A person who inspects homes and businesses to identify
potential or actual cross-connections or other contaminant hazards
in public water systems must hold a license issued by the commission
under Chapter 37, Water Code, unless the person is licensed by the
Texas Department of Licensing and Regulation [State Board of
Plumbing Examiners] as a plumbing inspector or water supply
protection specialist.
(e) Unless the person is licensed by the Texas Department of
Licensing and Regulation under Chapter 1301, Occupations Code
[State Board of Plumbing Examiners], a person must hold a license
issued by the commission under Chapter 37, Water Code, if, under a
contract, the person:
(1) installs, exchanges, connects, maintains, or
services potable water treatment equipment and appliances in public
or private water systems; or
(2) analyzes water to determine how to treat influent
or effluent water, alter or purify water, or add or remove a
mineral, chemical, or bacterial content or substance as part of the
complete installation, exchange, connection, maintenance, or
service of potable water treatment equipment and appliances.
SECTION 3.42. Section 341.068(b), Health and Safety Code,
is amended to read as follows:
(b) The board shall adopt rules to implement Subsection (a),
including a rule that in providing sufficient restrooms a ratio of
not less than 2:1 women's-to-men's restrooms or other minimum
standards established in consultation with the Texas Commission of
Licensing and Regulation [State Board of Plumbing Examiners] shall
be maintained if the use of the restrooms is designated by gender.
The rules shall apply to facilities where the public congregates
and on which construction is started on or after January 1, 1994, or
on which structural alterations, repairs, or improvements
exceeding 50 percent of the entire facility are undertaken on or
after January 1, 1994.
SECTION 3.43. Section 372.003(d), Health and Safety Code,
is amended to read as follows:
(d) Rules adopted or amended under this section shall be
developed by the commission in conjunction with a technical
advisory panel of designated representatives of the Texas Water
Development Board and the Texas Commission of Licensing and
Regulation [State Board of Plumbing Examiners].
SECTION 3.44. Sections 372.0035(f) and (h), Health and
Safety Code, are amended to read as follows:
(f) If a person licensed under Chapter 1301, Occupations
Code, violates this section, the Texas Department of Licensing and
Regulation [State Board of Plumbing Examiners] may discipline the
person under Chapter 51, Occupations Code, [Subchapter I of that
chapter] as if a violation of this section were a violation of the
law regulating plumbing [that chapter].
(h) A field representative of the Texas Department of
Licensing and Regulation [State Board of Plumbing Examiners] or,
within the jurisdiction of a municipality, a municipal plumbing
inspector may issue a citation to a person who violates this
section.
SECTION 3.45. Section 233.154(a), Local Government Code, is
amended to read as follows:
(a) A person who builds new residential construction
described by Section 233.153 shall have the construction inspected
to ensure building code compliance in accordance with this section
as follows:
(1) for new residential construction on a vacant lot,
a minimum of three inspections must be performed during the
construction project to ensure code compliance, as applicable, at
the following stages of construction:
(A) the foundation stage, before the placement of
concrete;
(B) the framing and mechanical systems stage,
before covering with drywall or other interior wall covering; and
(C) on completion of construction of the
residence;
(2) for new residential construction of an addition to
an existing residence as described by Section 233.151(a)(2), the
inspections under Subdivision (1) must be performed as necessary
based on the scope of work of the construction project; and
(3) for new residential construction on a vacant lot
and for construction of an addition to an existing residence, the
builder:
(A) is responsible for contracting to perform the
inspections required by this subsection with:
(i) a licensed engineer;
(ii) a registered architect;
(iii) a professional inspector licensed by
the Texas Real Estate Commission;
(iv) a plumbing inspector employed by a
municipality and licensed by the Texas Department of Licensing and
Regulation [State Board of Plumbing Examiners];
(v) a building inspector employed by a
political subdivision; or
(vi) an individual certified as a
residential combination inspector by the International Code
Council; and
(B) may use the same inspector for all the
required inspections or a different inspector for each required
inspection.
SECTION 3.46. Section 113.081(d), Natural Resources Code,
is amended to read as follows:
(d) The commission by rule may exempt from Section
113.082(a)(4) [of this code] journeymen or master plumbers licensed
by the Texas Department of Licensing and Regulation [State Board of
Plumbing Examiners].
SECTION 3.47. Section 113.087(o), Natural Resources Code,
is amended to read as follows:
(o) The commission by rule may exempt from any provision of
this section:
(1) a journeyman or master plumber licensed by the
Texas Department of Licensing and Regulation [State Board of
Plumbing Examiners];
(2) a person licensed under Chapter 1302, Occupations
Code; or
(3) company representatives, operations supervisors,
or employees of a testing laboratory that was registered under
Section 113.135 prior to the effective date of this subsection.
SECTION 3.48. Section 113.097(j), Natural Resources Code,
is amended to read as follows:
(j) The commission by rule may exempt from the insurance
requirements of this section or adopt a reasonable alternative to
those requirements for:
(1) a master or journeyman plumber licensed by the
Texas Department of Licensing and Regulation [State Board of
Plumbing Examiners]; or
(2) a person licensed under Chapter 1302, Occupations
Code.
SECTION 3.49. (a) The following sections of the
Occupations Code are repealed:
(1) Sections 51.351(c) and (d);
(2) Section 1301.003;
(3) Section 1301.201;
(4) Section 1301.204;
(5) Section 1301.205;
(6) Section 1301.207;
(7) Section 1301.208;
(8) Section 1301.252;
(9) Section 1301.253;
(10) Section 1301.254;
(11) Section 1301.256;
(12) Section 1301.259;
(13) Section 1301.260;
(14) Section 1301.261;
(15) Section 1301.301;
(16) Section 1301.3015;
(17) Section 1301.303;
(18) Section 1301.304;
(19) Section 1301.3521;
(20) Section 1301.355;
(21) Section 1301.451;
(22) Section 1301.4521;
(23) Section 1301.4522;
(24) Section 1301.453;
(25) Section 1301.454;
(26) Section 1301.504;
(27) Section 1301.5045;
(28) Section 1301.505; and
(29) Section 1301.506.
(b) Section 1301.258, Occupations Code, as added by Chapter
819 (S.B. 282), Acts of the 78th Legislature, Regular Session,
2003, is repealed.
(c) Subchapters C and N, Chapter 1301, Occupations Code, are
repealed.
SECTION 3.50. (a) Effective May 1, 2012:
(1) the Texas State Board of Plumbing Examiners is
abolished;
(2) all functions and activities performed
immediately before that date by the Texas State Board of Plumbing
Examiners are transferred to the Texas Department of Licensing and
Regulation;
(3) a rule, form, policy, procedure, or decision of
the Texas State Board of Plumbing Examiners continues in effect as a
rule, form, policy, procedure, or decision of the Texas Commission
of Licensing and Regulation and remains in effect until amended or
replaced by the commission;
(4) a reference in law or administrative rule to the
Texas State Board of Plumbing Examiners means the Texas Department
of Licensing and Regulation;
(5) all money, contracts, leases, rights, property,
records, and bonds and other obligations of the Texas State Board of
Plumbing Examiners are transferred to the Texas Department of
Licensing and Regulation;
(6) a court case, administrative proceeding, contract
negotiation, or other proceeding involving the Texas State Board of
Plumbing Examiners is transferred without change in status to the
Texas Department of Licensing and Regulation, and the Texas
Department of Licensing and Regulation assumes, without a change in
status, the position of the Texas State Board of Plumbing Examiners
in a negotiation or proceeding relating to an activity transferred
by this Act to the Texas Department of Licensing and Regulation to
which the Texas State Board of Plumbing Examiners is a party;
(7) an employee of the Texas State Board of Plumbing
Examiners becomes an employee of the Texas Department of Licensing
and Regulation; and
(8) any unexpended and unobligated balance of money
appropriated by the legislature for the Texas State Board of
Plumbing Examiners is transferred to the Texas Department of
Licensing and Regulation.
(b) In the period beginning on January 1, 2012, and ending
on April 30, 2012:
(1) the Texas State Board of Plumbing Examiners shall
continue to perform functions and activities under the Occupations
Code or other law as if the law had not been amended or repealed, as
applicable, and the former law is continued in effect for that
purpose; and
(2) a person who is authorized or required by law to
take an action relating to the Texas State Board of Plumbing
Examiners or a member of the board shall continue to take that
action under the law as if the law had not been amended or repealed,
as applicable, and the former law is continued in effect for that
purpose.
SECTION 3.51. Before May 1, 2012, the Texas State Board of
Plumbing Examiners may agree with the Texas Department of Licensing
and Regulation to transfer any property of the board to the
department to implement the transfer required by Section 50 of this
Act.
SECTION 3.52. To the extent of any conflict, this Act
prevails over another Act of the 82nd Legislature, Regular Session,
2011, relating to nonsubstantive additions to and corrections in
enacted codes.
ARTICLE 4: TRANSFER OF FUNCTIONS OF THE TEXAS BOARD OF PROFESSIONAL
ENGINEERS, TEXAS BOARD OF ARCHITECTURAL EXAMINERS, AND TEXAS BOARD
OF PROFESSIONAL LAND SURVEYORS TO THE TEXAS BOARD OF PROFESSIONAL
SERVICES.
SECTION 4.01. Title 6, Occupations Code, is amended by
adding Subtitle D to read as follows:
SUBTITLE D. TEXAS BOARD OF PROFESSIONAL SERVICES
CHAPTER 1081. TEXAS BOARD OF PROFESSIONAL SERVICES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1081.001. GENERAL DEFINITIONS. (a) In this subtitle:
(1) "Board" means the Texas Board of Professional
Services.
(2) "Executive director" means the executive director
of the board.
(b) Unless the context clearly indicates otherwise, the
definitions in Chapters 1001, 1051, 1052, and 1071 apply to this
chapter.
Sec. 1081.002. APPLICATION OF SUNSET ACT. The Texas Board
of Professional Services is subject to Chapter 325, Government Code
(Texas Sunset Act). Unless continued in existence as provided by
that chapter, the board is abolished and this title, other than
Chapter 1002, expires September 1, 2021.
[Sections 1081.003-1081.050 reserved for expansion]
SUBCHAPTER B. TEXAS BOARD OF PROFESSIONAL SERVICES
Sec. 1081.051. BOARD MEMBERSHIP. (a) The Texas Board of
Professional Services consists of 11 members appointed by the
governor with the advice and consent of the senate as follows:
(1) five members who are licensed engineers;
(2) two members who are registered architects;
(3) one member who is a registered landscape
architect;
(4) one member who is a registered professional land
surveyor; and
(5) two public members.
(b) Appointments to the board shall be made without regard
to the race, color, disability, sex, religion, age, or national
origin of the appointee.
(c) The legislature shall amend the board's composition as
necessary so that each profession is represented in proportion to
the number of license or registration holders in that profession,
except that no profession may have less than one or more than five
board members.
Sec. 1081.052. MEMBER ELIGIBILITY. (a) A person may not be
a public member of the board if the person or the person's spouse:
(1) is registered, certified, or licensed by a
regulatory agency in the field of engineering, architecture, land
surveying, or landscape architecture;
(2) is employed by or participates in the management
of a business entity or other organization regulated by or
receiving money from the board;
(3) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by or receiving money from the board; or
(4) uses or receives a substantial amount of tangible
goods, services, or money from the board other than compensation or
reimbursement authorized by law for board membership, attendance,
or expenses.
(b) A member of the board must:
(1) be a citizen of the United States and a resident of
this state for at least 10 years before the date of appointment; and
(2) have been engaged in the practice of engineering,
architecture, land surveying, or landscape architecture, as
applicable, for at least 10 years before the date of appointment.
Sec. 1081.053. MEMBERSHIP RESTRICTIONS. (a) In this
section, "Texas trade association" means a cooperative and
voluntarily joined statewide association of business or
professional competitors in this state designed to assist its
members and its industry or profession in dealing with mutual
business or professional problems and in promoting their common
interest.
(b) A person may not be a member of the board employed in a
"bona fide executive, administrative, or professional capacity,"
as that phrase is used for purposes of establishing an exemption to
the overtime provisions of the federal Fair Labor Standards Act of
1938 (29 U.S.C. Section 201 et seq.) if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of
engineering, architecture, land surveying, or landscape
architecture; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of
engineering, architecture, land surveying, or landscape
architecture.
(c) A person may not be a member of the board or act as the
general counsel to the board if the person is required to register
as a lobbyist under Chapter 305, Government Code, because of the
person's activities for compensation on behalf of a profession
related to the operation of the board.
Sec. 1081.054. OFFICERS. The governor shall designate a
member of the board as the presiding officer of the board to serve
in that capacity at the will of the governor. The board shall elect
annually from its members an assistant presiding officer, a
treasurer, and a secretary.
Sec. 1081.055. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the board that a member:
(1) does not have at the time of taking office the
qualifications required by Sections 1081.051 and 1081.052;
(2) does not maintain during service on the board the
qualifications required by Sections 1081.051 and 1081.052;
(3) is ineligible for membership under Sections
1081.052 and 1081.053;
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(5) is absent from more than half of the regularly
scheduled board meetings that the member is eligible to attend
during a calendar year without an excuse approved by a majority vote
of the board.
(b) The validity of an action of the board is not affected by
the fact that it is taken when a ground for removal of a board member
exists.
(c) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify the
presiding officer of the board of the potential ground. The
presiding officer shall then notify the governor and the attorney
general that a potential ground for removal exists. If the
potential ground for removal involves the presiding officer, the
executive director shall notify the next highest ranking officer of
the board, who shall then notify the governor and the attorney
general that a potential ground for removal exists.
Sec. 1081.056. TRAINING. (a) A person who is appointed to
and qualifies for office as a member of the board may not vote,
deliberate, or be counted as a member in attendance at a meeting of
the board until the person completes a training program that
complies with this section.
(b) The training program must provide the person with
information regarding:
(1) this title, other than Chapter 1002;
(2) the programs, functions, rules, and budget of the
board;
(3) the results of the most recent formal audit of the
board;
(4) the requirements of laws relating to open
meetings, public information, administrative procedure, and
conflicts of interest; and
(5) any applicable ethics policies adopted by the
board or the Texas Ethics Commission.
(c) A person appointed to the board is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
Sec. 1081.057. TERMS; VACANCY. (a) Members of the board
serve staggered six-year terms, with either three or four members'
terms, as applicable, expiring on January 31 of each odd-numbered
year.
(b) If a vacancy occurs during a member's term, the governor
shall appoint a replacement to fill the unexpired term.
Sec. 1081.058. COMPENSATION; PER DIEM. (a) A board member
may not receive compensation for the member's services.
(b) A member is entitled to a per diem and travel allowance
for each day the member engages in board business at the rate set
for state employees in the General Appropriations Act.
Sec. 1081.059. MEETINGS. (a) The board shall hold at least
two regular meetings each year.
(b) Additional meetings may be held as provided by the
board's bylaws.
Sec. 1081.060. PUBLIC TESTIMONY. The board shall develop
and implement policies that provide the public with a reasonable
opportunity to appear before the board and to speak on any issue
under the jurisdiction of the board.
Sec. 1081.061. PARTICIPATION OF PUBLIC MEMBERS. (a) The
board by majority vote may limit the participation of public
members in evaluating license applications.
(b) This section does not apply to the evaluation of license
applications at an official meeting of the board.
Sec. 1081.062. FILING OF OATH. Before assuming the duties
of office, each board member must file with the secretary of state a
copy of the constitutional oath of office taken by the member.
CHAPTER 1082. EXECUTIVE DIRECTOR AND PERSONNEL
Sec. 1082.001. EXECUTIVE DIRECTOR; DUTIES REGARDING MONEY.
(a) The board may employ an executive director to conduct the
affairs of the board under the board's direction. The executive
director shall receive a salary in an amount determined by the
board.
(b) The executive director shall receive and account for any
money derived, including any fee collected, under this title, other
than Chapter 1002.
Sec. 1082.002. PERSONNEL. (a) The board shall employ
clerical or other assistants as necessary to perform the board's
work.
(b) A salary paid under this section may not exceed the
salary paid for similar work in other departments.
Sec. 1082.003. CAREER LADDER PROGRAM; PERFORMANCE
EVALUATIONS. (a) The executive director or the executive
director's designee shall develop an intra-agency career ladder
program. The program must require intra-agency posting of each
nonentry level position with the board at least 10 days before the
date of any public posting.
(b) The executive director or the executive director's
designee shall develop a system of annual performance evaluations
of the board's employees based on measurable job tasks. All merit
pay authorized by the executive director must be based on the system
established under this subsection.
Sec. 1082.004. DIVISION OF RESPONSIBILITIES. The board
shall develop and implement policies that clearly separate the
policy-making responsibilities of the board and the management
responsibilities of the executive director and the staff of the
board.
Sec. 1082.005. QUALIFICATIONS AND STANDARDS OF CONDUCT
INFORMATION. The executive director or the executive director's
designee shall provide to members of the board and to board
employees, as often as necessary, information regarding the
requirements for office or employment under this chapter, including
information regarding a person's responsibilities under applicable
laws relating to standards of conduct for state officers or
employees.
Sec. 1082.006. EQUAL EMPLOYMENT OPPORTUNITY POLICY;
REPORT. (a) The executive director or the executive director's
designee shall prepare and maintain a written policy statement that
implements a program of equal employment opportunity to ensure that
all personnel decisions are made without regard to race, color,
disability, sex, religion, age, or national origin.
(b) The policy statement must include:
(1) personnel policies, including policies relating
to recruitment, evaluation, selection, training, and promotion of
personnel, that show the intent of the board to avoid the unlawful
employment practices described by Chapter 21, Labor Code; and
(2) an analysis of the extent to which the composition
of the board's personnel is in accordance with state and federal law
and a description of reasonable methods to achieve compliance with
state and federal law.
(c) The policy statement must:
(1) be updated annually;
(2) be reviewed by the civil rights division of the
Texas Workforce Commission for compliance with Subsection (b)(1);
and
(3) be filed with the governor's office.
CHAPTER 1083. BOARD POWERS AND DUTIES
SUBCHAPTER A. GENERAL POWERS AND DUTIES OF BOARD
Sec. 1083.001. GENERAL POWERS AND DUTIES. (a) The board
shall administer and enforce this title, other than Chapter 1002.
(b) The board may spend money for any purpose the board
considers reasonably necessary for the proper performance of its
duties under this title, other than Chapter 1002.
Sec. 1083.002. RULES. The board may adopt and enforce any
rule or bylaw necessary to perform its duties, govern its
proceedings, and regulate the practice of engineering,
architecture, landscape architecture, and land surveying.
Sec. 1083.003. RULES RESTRICTING ADVERTISING OR
COMPETITIVE BIDDING. (a) The board by rule shall prescribe
standards for compliance with Subchapter A, Chapter 2254,
Government Code.
(b) Except as provided by Subsection (a), the board may not
adopt rules restricting advertising or competitive bidding by a
license holder except to prohibit false, misleading, or deceptive
practices.
(c) In its rules to prohibit false, misleading, or deceptive
practices, the board may not include a rule that:
(1) restricts the use of any medium for advertising;
(2) restricts the use of a license holder's personal
appearance or voice in an advertisement;
(3) relates to the size or duration of an
advertisement by the license holder; or
(4) restricts the license holder's advertisement under
a trade name.
Sec. 1083.004. RULES ON CONSEQUENCES OF CRIMINAL
CONVICTION. The board shall adopt rules and guidelines as
necessary to comply with Chapter 53.
Sec. 1083.005. FEES. (a) The board shall establish the
following fees in amounts reasonable and necessary to cover the
costs of administering this title, other than Chapter 1002:
(1) license and certificate of registration fees;
(2) annual and late renewal fees;
(3) reciprocal license and registration fees;
(4) duplicate license and registration fees;
(5) engineer-in-training certificate fee;
(6) roster of license and registration holders fee;
(7) examination fees;
(8) registration fee for engineering firm; and
(9) inactive status fee.
(b) The board may set a fee for a board action involving an
administrative expense in an amount that is reasonable and
necessary to cover the cost of administering this title, other than
Chapter 1002, unless the amount of the fee is set by this chapter or
by the General Appropriations Act.
(c) The board shall set the required renewal fee under
Chapter 1051 for:
(1) a resident of this state in an amount that is equal
to the sum of:
(A) the amount determined by the board as
reasonable and necessary to cover administrative costs; and
(B) an amount determined annually by the board as
reasonable and necessary for the administration of the examination
fee scholarship program under Section 1083.102; and
(2) nonresidents in an amount determined by the board.
(d) The board may accept payment of a fee by electronic
means. The board may charge a fee to process the payment made by
electronic means. The board shall set the processing fee in an
amount that is reasonably related to the expense incurred by the
board in processing the payment made by electronic means, not to
exceed five percent of the amount of the fee for which the payment
is made.
(e) A fee set by the board under this section may not be used
for the purpose of earning additional revenue for the board.
Sec. 1083.006. STANDARDS OF CONDUCT AND ETHICS. The board
may establish standards of conduct and ethics for license and
registration holders in keeping with the purposes and intent of
this title, other than Chapter 1002, and to ensure strict
compliance with and enforcement of this title, other than Chapter
1002.
Sec. 1083.007. ROSTER OF LICENSE AND REGISTRATION HOLDERS.
(a) The board shall prepare and publish a roster of persons,
including business entities, licensed, registered, certified, or
enrolled by the board. The roster shall include the name, business
address, and other identifying information required by board rule.
(b) The board shall make the roster available to the public
without cost in an online computer database format.
(c) The board shall provide a physical copy of the roster on
request and may charge a reproduction and shipping fee for
providing a physical copy of the roster.
Sec. 1083.008. REGISTER OF APPLICANTS. The board shall
maintain a register of license and registration applications that
shows:
(1) the name, age, and residence of each applicant;
(2) the date of the application;
(3) the applicant's place of business;
(4) the applicant's educational and other
qualifications;
(5) whether an examination was required;
(6) whether the applicant was issued or denied a
license or registration;
(7) the date of board action; and
(8) any other information the board considers
necessary.
Sec. 1083.009. CONTINUING EDUCATION PROGRAMS. (a) The
board shall recognize, prepare, or administer continuing education
programs for its license and registration holders. A license or
registration holder must participate in the programs to the extent
required by the board to keep the person's license or registration.
(b) The board may not require a license or registration
holder to obtain more than 15 hours of continuing education
annually. The board shall permit a license or registration holder
to certify at the time the license or registration is renewed that
the license or registration holder has complied with the board's
continuing education requirements.
(c) The board shall permit a license or registration holder
to receive continuing education credit for educational, technical,
ethical, or professional management activities related to the
practice of engineering, architecture, landscape architecture, or
land surveying, including:
(1) successfully completing or auditing a course
sponsored by an institution of higher education;
(2) successfully completing a course certified by a
professional or trade organization;
(3) attending a seminar, tutorial, short course,
correspondence course, videotaped course, or televised course;
(4) participating in an in-house course sponsored by a
corporation or other business entity;
(5) teaching a course described by Subdivisions
(1)-(4);
(6) publishing an article, paper, or book on the
practice of engineering, architecture, landscape architecture, or
land surveying;
(7) making or attending a presentation at a meeting of
a technical or engineering, architecture, landscape architecture,
or land surveying management society or organization or writing a
paper presented at such a meeting;
(8) participating in the activities of a professional
society or association, including serving on a committee of the
organization; and
(9) engaging in self-directed study.
(d) A license or registration holder may not receive more
than five continuing education credit hours annually for engaging
in self-directed study.
Sec. 1083.010. RECORDS. (a) The board shall maintain a
record of its proceedings.
(b) The board's records shall be available to the public at
all times.
(c) The board's records are prima facie evidence of the
proceedings of the board set forth in the records. A transcript of
the records certified by the secretary of the board under seal is
admissible in evidence with the same effect as if it were the
original.
Sec. 1083.011. CONFIDENTIALITY OF CERTAIN INFORMATION
RELATED TO LICENSE APPLICATION. (a) A statement made by a person
providing a reference for an applicant and other pertinent
information compiled by or submitted to the board relating to an
applicant for a license or registration under this title, other
than Chapter 1002, is privileged and confidential.
(b) Information described by Subsection (a) may be used only
by the board or its employees or agents who are directly involved in
the application or licensing or registration process. The
information is not subject to discovery, subpoena, or other
disclosure.
Sec. 1083.012. SUBPOENA. (a) The board may request and, if
necessary, compel by subpoena:
(1) the attendance of a witness for examination under
oath; and
(2) the production for inspection or copying of
records, documents, and other evidence relevant to the
investigation of an alleged violation of this title, other than
Chapter 1002.
(b) The board, acting through the attorney general, may
bring an action to enforce a subpoena issued under Subsection (a)
against a person who fails to comply with the subpoena.
(c) Venue for an action brought under Subsection (b) is in a
district court in:
(1) Travis County; or
(2) the county in which the board may hold a hearing.
(d) The court shall order compliance with the subpoena if
the court finds that good cause exists to issue the subpoena.
Sec. 1083.013. TECHNOLOGY POLICY. The board shall develop
and implement a policy requiring the executive director and board
employees to research and propose appropriate technological
solutions to improve the board's ability to perform its functions.
The technological solutions must:
(1) ensure that the public is able to find information
about the board on the Internet;
(2) ensure that persons who want to use the board's
services are able to:
(A) interact with the board through the Internet;
and
(B) access any service that can be provided
effectively through the Internet; and
(3) be cost-effective and developed through the
board's planning processes.
Sec. 1083.014. NEGOTIATED RULEMAKING AND ALTERNATIVE
DISPUTE RESOLUTION POLICY. (a) The board shall develop and
implement a policy to encourage the use of:
(1) negotiated rulemaking procedures under Chapter
2008, Government Code, for the adoption of board rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009, Government Code, to assist in the
resolution of internal and external disputes under the board's
jurisdiction.
(b) The board's procedures relating to alternative dispute
resolution must conform, to the extent possible, to any model
guidelines issued by the State Office of Administrative Hearings
for the use of alternative dispute resolution by state agencies.
(c) The board shall designate a trained person to:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) serve as a resource for any training needed to
implement the procedures for negotiated rulemaking or alternative
dispute resolution; and
(3) collect data concerning the effectiveness of those
procedures, as implemented by the board.
Sec. 1083.015. BOARD SEAL. (a) The board shall adopt a
seal and shall use the seal on official documents.
(b) The design of the seal must include a five-pointed star
with a circular border and the words "Texas Board of Professional
Services" within the border.
[Sections 1083.016-1083.050 reserved for expansion]
SUBCHAPTER B. POWERS AND DUTIES OF BOARD SPECIFIC TO ENGINEERS
Sec. 1083.051. REDUCED FEES: ELDERLY, DISABLED, INACTIVE
STATUS. (a) For purposes of this section, a person is disabled if
the person has a mental or physical impairment that substantially
limits the ability of the person to earn a living as an engineer,
other than an impairment caused by a current addiction to the use of
alcohol or an illegal drug or controlled substance.
(b) The board by rule may adopt reduced license fees and
annual renewal fees for engineers who are:
(1) at least 65 years of age; or
(2) disabled and not actively engaged in the practice
of engineering.
(c) A person entitled to reduced fees under Subsection
(b)(2) shall notify the board that the person has resumed the active
practice of engineering not later than the 15th day after the date
the person resumes active practice.
Sec. 1083.052. FEE INCREASE. (a) The fee for a license
under Chapter 1001, for the annual renewal of that license, and for
a reciprocal license under Chapter 1001 is increased by $200.
(b) Of each fee increase collected, $50 shall be deposited
in the foundation school fund and $150 shall be deposited in the
general revenue fund.
(c) The fee increase imposed by Subsection (a) does not
apply to an engineer who:
(1) meets the qualifications for an exemption under
Section 1001.057 or 1001.058 but does not claim that exemption;
(2) is disabled as described by Section 1083.051;
(3) is on inactive status as provided by Section
1001.355; or
(4) is 65 years of age or older.
[Sections 1083.053-1083.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES OF BOARD SPECIFIC TO ARCHITECTS
Sec. 1083.101. FEE INCREASE. (a) The fee for the issuance
of a certificate to an applicant possessing a license or
certificate to practice architecture in another state and the fee
for the renewal of a certificate under Chapter 1051 are increased by
$200.
(b) Of each fee increase collected, $50 shall be deposited
in the foundation school fund and $150 shall be deposited in the
general revenue fund.
Sec. 1083.102. EXAMINATION FEE SCHOLARSHIPS. (a) The
board shall administer scholarships to applicants for examination
under Article 3, Chapter 1051, in a manner the board determines best
serves the public purpose of:
(1) promoting the professional needs of the state;
(2) increasing the number of highly trained and
educated architects available to serve the residents of the state;
(3) improving the state's business environment and
encouraging economic development; and
(4) identifying, recognizing, and supporting
outstanding applicants who plan to pursue careers in architecture.
(b) In determining what best serves the public purpose of
the scholarships as described by Subsection (a), the board shall
consider at least the financial need of each person who applies for
a scholarship under this section.
(c) The amount of the scholarship is the lesser of:
(1) $500; or
(2) the amount of the required examination fee.
(d) Scholarships under this section are funded by the amount
added to each renewal fee under Section 1083.005(c). The board may
not use more than 15 percent of the amount appropriated to the board
for scholarships under this section to pay the costs of
administering the scholarships.
Sec. 1083.103. DESIGN AND APPROVAL OF ARCHITECT'S SEAL.
(a) The board shall prescribe and approve the seal to be used by an
architect.
(b) The design of the seal must be the same as the design
used by the board, except that the words "Registered Architect,
State of Texas" must be used instead of "Texas Board of Professional
Services."
[Sections 1083.104-1083.150 reserved for expansion]
SUBCHAPTER D. POWERS AND DUTIES OF BOARD SPECIFIC TO LANDSCAPE
ARCHITECTS
Sec. 1083.151. FEE INCREASE. (a) The fee for the issuance
of a certificate of registration under Chapter 1052 and the fee for
the renewal of a certificate of registration under Chapter 1052 is
increased by $200.
(b) Of each fee increase collected, $50 shall be deposited
in the foundation school fund and $150 shall be deposited in the
general revenue fund.
Sec. 1083.152. DESIGN AND APPROVAL OF LANDSCAPE ARCHITECT'S
SEAL. (a) The board shall prescribe and approve the seal to be used
by a landscape architect.
(b) The design of the seal must be the same as the design
used by the board, except that the words "Registered Landscape
Architect, State of Texas" must be used instead of "Texas Board of
Professional Services."
[Sections 1083.153-1083.200 reserved for expansion]
SUBCHAPTER E. POWERS AND DUTIES OF BOARD
SPECIFIC TO LAND SURVEYORS
Sec. 1083.201. FEE INCREASE. (a) The fee for the issuance
of a certificate of registration to a registered professional land
surveyor under Chapter 1071 and the fee for the renewal of a
certificate of registration for a registered professional land
surveyor under Chapter 1071 is increased by $200.
(b) Of each fee increase collected, $50 shall be deposited
in the foundation school fund and $150 shall be deposited in the
general revenue fund.
(c) This section does not apply to state agency employees
who are employed by the state as land surveyors.
Sec. 1083.202. REDUCED FEES FOR ELDERLY LAND SURVEYORS.
The board by rule may adopt reduced certificate of registration and
license fees and annual renewal fees for land surveyors who are at
least 65 years of age.
SECTION 4.02. Section 1001.002(1), Occupations Code, is
amended to read as follows:
(1) "Board" means the Texas Board of Professional
Services [Engineers].
SECTION 4.03. Section 1001.063, Occupations Code, is
amended to read as follows:
Sec. 1001.063. ARCHITECTS AND [,] LANDSCAPE ARCHITECTS[,
AND INTERIOR DESIGNERS]. This chapter or a rule adopted under this
chapter does not prevent or otherwise restrict a person registered
[licensed] as an architect under Chapter 1051 or [,] a landscape
architect under Chapter 1052[, or an interior designer under
Chapter 1053] from performing an act, service, or work that is
within the definition of the person's practice under those
chapters.
SECTION 4.04. 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, a late renewal fee, and any applicable increase
in fees as required by Section 1083.052 [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, a late renewal fee, and any
applicable increase in fees as required by Section 1083.052
[1001.206] for each delinquent year or part of a year.
SECTION 4.05. 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 1083.052 [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 4.06. The heading to Chapter 1051, Occupations
Code, is amended to read as follows:
CHAPTER 1051. [TEXAS BOARD OF ARCHITECTURAL EXAMINERS;] GENERAL
PROVISIONS AFFECTING ARCHITECTS AND [,] LANDSCAPE ARCHITECTS[, AND
INTERIOR DESIGNERS]; PROVISIONS AFFECTING ONLY ARCHITECTS
SECTION 4.07. The heading to Article 1, Chapter 1051,
Occupations Code, is amended to read as follows:
ARTICLE 1. GENERAL PROVISIONS[; BOARD OF ARCHITECTURAL EXAMINERS]
SECTION 4.08. Section 1051.001(2), Occupations Code, is
amended to read as follows:
(2) "Board" means the Texas Board of Professional
Services [Architectural Examiners].
SECTION 4.09. The heading to Article 2, Chapter 1051,
Occupations Code, is amended to read as follows:
ARTICLE 2. GENERAL PROVISIONS APPLYING TO ARCHITECTS AND [,]
LANDSCAPE ARCHITECTS[, AND INTERIOR DESIGNERS]
SECTION 4.10. Section 1051.354, Occupations Code, is
amended to read as follows:
Sec. 1051.354. FEE EXEMPTION FOR MILITARY PERSONNEL. (a) A
person required to register under this subtitle who is on active
duty as a member of the United States military is exempt from the
payment of any fee during the person's term of service if the
person:
(1) is in good standing as an architect or [,]
landscape architect [, or interior designer in this state]; or
(2) was in good standing as an architect or [,]
landscape architect[, or interior designer] in this state at the
time the person entered into military service.
(b) A person who is exempt from payment of a fee under
Subsection (a):
(1) is exempt for the remainder of the fiscal year
during which the person's active duty status expires; and
(2) is entitled to have the person's name continued on
the list of architects or [,] landscape architects[, or interior
designers].
SECTION 4.11. Section 1051.355(b), Occupations Code, is
amended to read as follows:
(b) A person whose certificate of registration is on
inactive status must pay an annual renewal fee on a date and in a
manner prescribed by board rule. The board shall prescribe the
renewal fee under this subsection in an amount equal to the sum of:
(1) the amount determined by the board as reasonable
and necessary to cover the costs of administering this section; and
(2) except as provided by Subsection (e), the
additional amount required under Section 1083.005(c)(1)(B)
[1051.651(b)(1)(B)] for the examination fee scholarship program.
SECTION 4.12. Section 1051.455(b), Occupations Code, is
amended to read as follows:
(b) A proceeding under this section relating to an architect
or [,] a landscape architect[, or an interior designer] is subject
to Chapter 2001, Government Code.
SECTION 4.13. Section 1071.002(1), Occupations Code, is
amended to read as follows:
(1) "Board" means the Texas Board of Professional
Services [Land Surveying].
SECTION 4.14. Section 2, Self-Directed Semi-Independent
Agency Act (Article 8930, Revised Statutes), is amended to read as
follows:
Sec. 2. The Texas State Board of Public Accountancy
[following agencies] shall be part of the pilot project created by
this Act[:
[(1) the Texas State Board of Public Accountancy;
[(2) the Texas Board of Professional Engineers; and
[(3) the Texas Board of Architectural Examiners].
SECTION 4.15. Section 6(c), Self-Directed Semi-Independent
Agency Act (Article 8930, Revised Statutes), is amended to read as
follows:
(c) The Texas State Board of Public Accountancy shall
annually remit $703,344 to the general revenue fund[, the Texas
Board of Professional Engineers shall annually remit $373,900 to
the general revenue fund, and the Texas Board of Architectural
Examiners shall annually remit $510,000 to the general revenue
fund].
SECTION 4.16. Section 61.0822, Education Code, is amended
to read as follows:
Sec. 61.0822. CONTRACT WITH TEXAS BOARD OF PROFESSIONAL
SERVICES [ARCHITECTURAL EXAMINERS]. The board may contract with
the Texas Board of Professional Services [Architectural Examiners]
to administer the examination fee scholarship program established
under Section 1083.102 [1051.206], Occupations Code.
SECTION 4.17. Section 411.122(d), Government Code, as
amended by Chapters 213 (S.B. 1005), 450 (H.B. 2447), and 933
(H.B. 3097), Acts of the 81st Legislature, Regular Session, 2009,
is reenacted and amended to read as follows:
(d) The following state agencies are subject to this
section:
 (1) Texas Appraiser Licensing and Certification
Board;
(2) Texas Board of Professional Services
[Architectural Examiners];
(3) Texas Board of Chiropractic Examiners;
(4) State Board of Dental Examiners;
(5) [Texas Board of Professional Engineers;
[(6)] Texas Funeral Service Commission;
(6) [(7)] Texas Board of Professional Geoscientists;
(7) [(8)] Department of State Health Services, except
as provided by Section 411.110, and agencies attached to the
department, including:
(A) Texas State Board of Examiners of Dietitians;
(B) Texas State Board of Examiners of Marriage
and Family Therapists;
(C) Midwifery Board;
(D) Texas State Perfusionist Advisory Committee;
(E) Texas State Board of Examiners of
Professional Counselors;
(F) Texas State Board of Social Worker Examiners;
(G) State Board of Examiners for Speech-Language
Pathology and Audiology;
(H) Advisory Board of Athletic Trainers;
(I) State Committee of Examiners in the Fitting
and Dispensing of Hearing Instruments;
(J) Texas Board of Licensure for Professional
Medical Physicists; and
(K) Texas Board of Orthotics and Prosthetics;
(8) [(9) Texas Board of Professional Land Surveying;
[(10)] Texas Department of Licensing and Regulation,
except as provided by Section 411.093;
(9) [(11)] Texas Commission on Environmental Quality;
(10) [(12)] Texas Board of Occupational Therapy
Examiners;
(11) [(13)] Texas Optometry Board;
(12) [(14)] Texas State Board of Pharmacy;
(13) [(15)] Texas Board of Physical Therapy
Examiners;
(14) [(16)] Texas State Board of Plumbing Examiners;
(15) [(17)] Texas State Board of Podiatric Medical
Examiners;
(16) [(18)] Texas State Board of Examiners of
Psychologists;
(17) [(19)] Texas Real Estate Commission;
(18) [(20)] Texas Department of Transportation;
(19) [(21)] State Board of Veterinary Medical
Examiners;
(20) [(22)] Texas Department of Housing and Community
Affairs;
(21) [(23)] secretary of state;
(22) [(24)] state fire marshal;
(23) [(25)] Texas Education Agency;
(24) [(26)] Department of Agriculture; and
(25) [(27)] Texas Department of Motor Vehicles.
SECTION 4.18. Section 469.104, Government Code, is amended
to read as follows:
Sec. 469.104. FAILURE TO SUBMIT PLANS AND SPECIFICATIONS.
The commission shall report to the Texas Board of Professional
Services [Architectural Examiners, the Texas Board of Professional
Engineers, or another appropriate licensing authority] the failure
of any architect, [interior designer,] landscape architect, or
engineer to submit or resubmit in a timely manner plans and
specifications to the department as required by this subchapter.
SECTION 4.19. Section 2054.352(a), Government Code, as
amended by Chapters 213 (S.B. 1005) and 450 (H.B. 2447), Acts of the
81st Legislature, Regular Session, 2009, is reenacted and amended
to read as follows:
(a) The following licensing entities shall participate in
the system established under Section 2054.353:
(1) Texas Board of Chiropractic Examiners;
(2) Court Reporters Certification Board;
(3) State Board of Dental Examiners;
(4) Texas Funeral Service Commission;
(5) Texas Board of Professional Services [Land
Surveying];
(6) Texas Medical Board;
(7) Texas Board of Nursing;
(8) Texas Optometry Board;
(9) Department of Agriculture, for licenses issued
under Chapter 1951, Occupations Code;
(10) Texas State Board of Pharmacy;
(11) Executive Council of Physical Therapy and
Occupational Therapy Examiners;
(12) Texas State Board of Plumbing Examiners;
(13) Texas State Board of Podiatric Medical Examiners;
(14) Texas State Board of Examiners of Psychologists;
(15) State Board of Veterinary Medical Examiners;
(16) Texas Real Estate Commission;
(17) Texas Appraiser Licensing and Certification
Board;
(18) Texas Department of Licensing and Regulation;
(19) Texas State Board of Public Accountancy;
(20) State Board for Educator Certification;
(21) [Texas Board of Professional Engineers;
[(22)] Department of State Health Services;
(22) [(23) Texas Board of Architectural Examiners;
[(24)] Texas Racing Commission;
(23) [(25)] Commission on Law Enforcement Officer
Standards and Education; and
(24) [(26)] Texas Private Security Board.
SECTION 4.20. Section 2166.202(b), Government Code, is
amended to read as follows:
(b) The commission, in consultation with the Texas Board of
Professional Services [Architectural Examiners and the Texas Board
of Professional Engineers], shall adopt by rule criteria to
evaluate the competence and qualifications of a prospective private
design professional.
SECTION 4.21. Section 361.901(6), Health and Safety Code,
is amended to read as follows:
(6) "Licensed professional engineer" means a person
licensed by the Texas Board of Professional Services [Engineers].
SECTION 4.22. Section 366.071(c), Health and Safety Code,
is amended to read as follows:
(c) A person who conducts preconstruction site evaluations,
including visiting a site and performing a soil analysis, a site
survey, or other activities necessary to determine the suitability
of a site for an on-site sewage disposal system must hold a license
issued by the commission under Chapter 37, Water Code, unless the
person is licensed by the Texas Board of Professional Services
[Engineers] as an engineer.
SECTION 4.23. Section 2210.102(g), Insurance Code, is
amended to read as follows:
(g) The commissioner shall appoint one person to serve as a
nonvoting member of the board to advise the board regarding issues
relating to the inspection process. The commissioner may give
preference in an appointment under this subsection to a person who
is a qualified inspector under Section 2210.254. The nonvoting
member appointed under this section must:
(1) be an engineer licensed by, and in good standing
with, the Texas Board of Professional Services [Engineers];
(2) reside in a first tier coastal county; and
(3) be knowledgeable of, and have professional
expertise in, wind-related design and construction practices in
coastal areas that are subject to high winds and hurricanes.
SECTION 4.24. Section 2210.255(a), Insurance Code, is
amended to read as follows:
(a) On request of an engineer licensed by the Texas Board of
Professional Services [Engineers], the commissioner shall appoint
the engineer as an inspector under this subchapter not later than
the 10th day after the date the engineer delivers to the
commissioner information demonstrating that the engineer is
qualified to perform windstorm inspections under this subchapter.
SECTION 4.25. Section 2210.256(f), Insurance Code, is
amended to read as follows:
(f) If an appointee is an engineer licensed by the Texas
Board of Professional Services [Engineers] who is found by the
department to have knowingly, wilfully, fraudulently, or with gross
negligence signed or caused to be prepared an inspection report
that contains a false or fraudulent statement, the commissioner may
take action against the appointee in the manner provided by
Subsections (a) and (b) but may not assess a fine against the
appointee. The commissioner shall notify the Texas Board of
Professional Services [Engineers] of an order issued by the
commissioner against an appointee who is an engineer licensed by
that board, including an order suspending or revoking the
appointment of the person.
SECTION 4.26. Section 214.215(d), Local Government Code, is
amended to read as follows:
(d) A municipality may:
(1) adopt the rehabilitation code or prescriptive
provisions for rehabilitation recommended by the Texas Board of
Professional Services [Architectural Examiners]; or
(2) amend its rehabilitation code or prescriptive
provisions for rehabilitation.
SECTION 4.27. Section 89.023(a), Natural Resources Code, is
amended to read as follows:
(a) The commission may grant an extension of the deadline
for plugging an inactive well if the operator maintains a current
organization report with the commission as required by Section
91.142 and if, on or before the date of renewal of the operator's
organization report as required by that section, the operator files
with the commission an application for an extension that includes:
(1) an affirmation that complies with Section 89.029;
(2) a statement that the well and associated
facilities are in compliance with all commission rules and orders;
(3) a statement that the operator has, and on request
will provide, evidence of a good faith claim to a continuing right
to operate the well; and
(4) at least one of the following:
(A) documentation that since the preceding date
that the operator's organization report was required to be renewed
the operator has plugged, or restored to active operation as
defined by commission rule, a number of inactive wells equal to or
greater than 10 percent of the number of inactive wells operated by
the operator on that date;
(B) an abeyance of plugging report on a form
approved by the commission that:
(i) is in the form of a certification signed
by an engineer [a person] licensed by the Texas Board of
Professional Services [Engineers] or a person licensed by the Texas
Board of Professional Geoscientists;
(ii) includes:
(a) an affirmation by the licensed
person that the well has:
(1) a reasonable expectation of
economic value in excess of the cost of plugging the well for the
duration of the period covered by the report, based on the cost
calculation for plugging an inactive well; and
(2) a reasonable expectation of
being restored to a beneficial use that will prevent waste of oil or
gas resources that otherwise would not be produced if the well were
plugged; and
(b) appropriate documentation
demonstrating the basis for the affirmation of the well's future
utility; and
(iii) specifies the field and the covered
wells within that field in a format prescribed by the commission;
(C) a statement that the well is part of an
enhanced oil recovery project;
(D) if the operator of the well is not currently
otherwise required by commission rule or order to conduct a fluid
level or hydraulic pressure test of the well, documentation of the
results of a successful fluid level or hydraulic pressure test of
the well conducted in accordance with the commission's rules in
effect at the time the test is conducted;
(E) a supplemental bond, letter of credit, or
cash deposit sufficient for each well specified in the application
that:
(i) complies with the requirements of
Chapter 91; and
(ii) is of an amount at least equal to the
cost calculation for plugging an inactive well for each well
specified in the application;
(F) documentation of the deposit with the
commission each time the operator files an application of an amount
of escrow funds as prescribed by commission rule that equal at least
10 percent of the total cost calculation for plugging an inactive
well for each well specified in the application; or
(G) if the operator is a publicly traded entity:
(i) the following documents:
(a) a copy of the operator's federal
documents filed to comply with Financial Accounting Standards Board
Statement No. 143, Accounting for Asset Retirement Obligations; and
 (b) an original, executed Uniform
Commercial Code Form 1 Financing Statement, filed with the
secretary of state, that:
(1) names the operator as the
"debtor" and the Railroad Commission of Texas as the "secured
creditor"; and
(2) specifies the funds covered
by the documents described by Sub-subparagraph (a) in the amount of
the cost calculation for plugging an inactive well for each well
specified in the application; or
(ii) a blanket bond in the amount of the
lesser of:
(a) the cost calculation for plugging
any inactive wells; or
(b) $2 million.
SECTION 4.28. The following provisions of the Occupations
Code are repealed:
(1) Section 1001.005;
(2) Subchapters C, D, and E, Chapter 1001;
(3) Sections 1051.001(3) and (4);
(4) Section 1051.003;
(5) Subchapters B, C, and D, Article 1, Chapter 1051;
(6) Section 1051.604;
(7) Subchapter M, Article 3, Chapter 1051;
(8) Subchapter B, Chapter 1052;
(9) Chapter 1053;
(10) Section 1071.003; and
(11) Subchapters B, C, and D, Chapter 1071.
SECTION 4.29. (a) The Texas Board of Professional
Engineers, the Texas Board of Architectural Examiners, and the
Texas Board of Professional Land Surveying are abolished but
continue in existence until September 1, 2012, for the sole purpose
of transferring obligations, property, employees, rights, powers,
and duties to the Texas Board of Professional Services created
under Subtitle D, Title 6, Occupations Code, as added by this Act.
The Texas Board of Professional Services assumes all of the
obligations, property, rights, powers, and duties of the Texas
Board of Professional Engineers, the Texas Board of Architectural
Examiners, and the Texas Board of Professional Land Surveying, as
they exist immediately before the effective date of this Act. All
unexpended funds appropriated to the Texas Board of Professional
Engineers, the Texas Board of Architectural Examiners, and the
Texas Board of Professional Land Surveying are transferred to the
Texas Board of Professional Services. The transfer of the
obligations, property, rights, powers, and duties of the Texas
Board of Professional Engineers, the Texas Board of Architectural
Examiners, and the Texas Board of Professional Land Surveying to
the Texas Board of Professional Services must be completed not
later than September 1, 2012.
(b) All rules of the Texas Board of Professional Engineers,
the Texas Board of Architectural Examiners, and the Texas Board of
Professional Land Surveying are continued in effect as rules of the
Texas Board of Professional Services until superseded by a rule of
the Texas Board of Professional Services. A certificate, license,
registration, or other authorization issued by the Texas Board of
Professional Engineers, the Texas Board of Architectural
Examiners, or the Texas Board of Professional Land Surveying is
continued in effect as provided by the law in effect immediately
before the effective date of this Act. An application for a
certificate, license, registration, or other authorization pending
on the effective date of this Act is continued without change in
status after the effective date of this Act. Except as provided by
Sections 5.04 and 5.05 of this article, a complaint, investigation,
contested case, or other proceeding pending on the effective date
of this Act is continued without change in status after the
effective date of this Act.
(c) A reference in another law or an administrative rule to
the Texas Board of Professional Engineers, the Texas Board of
Architectural Examiners, or the Texas Board of Professional Land
Surveying means the Texas Board of Professional Services.
SECTION 4.30. (a) In making the initial appointments to
the Texas Board of Professional Services, the governor shall
appoint:
(1) three members to serve terms expiring February 1,
2013;
(2) four members to serve terms expiring February 1,
2015; and
(3) four members to serve terms expiring February 1,
2017.
(b) Not later than March 1, 2012, each initial board member
appointed under this section must complete the training required by
Section 1081.056, Occupations Code, as added by this Act. Before
March 1, 2012, Section 1081.056(a) does not apply to an initial
board member.
SECTION 4.31. Not later than the 90th day after the date
that a majority of the members of the Texas Board of Professional
Services are appointed under Section 5.02 of this article and
qualify for office, the board shall appoint an executive director
under Section 1082.001, Occupations Code, as added by this Act. A
person who is the executive director of the Texas Board of
Professional Engineers, the Texas Board of Architectural
Examiners, or the Texas Board of Professional Land Surveying on, or
within one year preceding, the effective date of this Act is not
eligible to be employed as the initial executive director under
this section.
SECTION 4.32. An offense under Section 1053.351,
Occupations Code, may not be prosecuted after the effective date of
this Act. If on the effective date of this Act a criminal action is
pending for an offense under Section 1053.351, Occupations Code,
the action is dismissed on that date. However, a final conviction
for an offense under Section 1053.351, Occupations Code, that
exists on the effective date of this Act is unaffected by this Act.
SECTION 4.33. The Texas Board of Architectural Examiners
may not institute a disciplinary action under Section 1053.251,
Occupations Code, administrative penalty under Section 1051.451,
Occupations Code, or other enforcement action under Chapter 1051 or
1053, Occupations Code, on or after the effective date of this Act.
If on the effective date of this Act a disciplinary action under
Section 1053.251, Occupations Code, administrative penalty under
Section 1051.451, Occupations Code, or other enforcement action
under Chapter 1051 or 1053, Occupations Code, is pending, the
action is dismissed on that date. However, a final decision or an
order for a disciplinary action under Section 1053.251, Occupations
Code, administrative penalty under Section 1051.451, Occupations
Code, or other enforcement action under Chapter 1051 or 1053,
Occupations Code, that exists on the effective date of this Act is
unaffected by this Act.
SECTION 4.34. To the extent of any conflict, this Act
prevails over another Act of the 82nd Legislature, Regular Session,
2011, relating to nonsubstantive additions to and corrections in
enacted codes.
ARTICLE 5. ABOLITION OF THE SUPER COLLIDER FACILITY RESEARCH
AUTHORITY.
SECTION 5.1. Chapter 2301, Government Code, is repealed.
ARTICLE 6. EFFECTIVE DATE
SECTION 6.1. This Act takes effect September 1, 2011.