H.B. No. 3167
AN ACT
relating to the abolishment of the state regulation of talent
agencies and personnel services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. TALENT AGENCIES
SECTION 1.01. Chapter 2105, Occupations Code, is repealed.
SECTION 1.02. (a) An action, including a disciplinary or
administrative proceeding, pending under Chapter 51 or 2105,
Occupations Code, on the effective date of this Act related to a
violation of Chapter 2105, Occupations Code, as that chapter
existed immediately before the effective date of this Act, is
dismissed.
(b) An administrative penalty assessed by the Texas
Commission of Licensing and Regulation related to a violation of
Chapter 2105, Occupations Code, as that chapter existed immediately
before the effective date of this Act, may be collected as provided
by Chapter 51, Occupations Code.
(c) The changes in law made by this Act do not affect the
pending prosecution of an offense under Chapter 2105, Occupations
Code, as that chapter existed immediately before the effective date
of this Act. An offense committed before the effective date of this
Act is governed by the law in effect at the time the offense was
committed, and the former law is continued in effect for that
purpose. For purposes of this section, an offense was committed
before the effective date of this Act if any element of the offense
was committed before that date.
(d) The Texas Department of Licensing and Regulation shall
return to a person who holds a valid registration under Chapter
2105, Occupations Code, as that chapter existed immediately before
the effective date of this Act, a prorated portion of the fee paid
to the department for the issuance or renewal of the registration.
ARTICLE 2. PERSONNEL SERVICES
SECTION 2.01. Section 2501.202, Occupations Code, is
amended to read as follows:
Sec. 2501.202. INJUNCTION AND OTHER REMEDIES. A plaintiff
in an action filed under Section 2501.201 may obtain:
(1) an order enjoining the defendant from violating
this chapter;
(2) any order necessary to restore to the plaintiff
any property acquired by the defendant in violation of this
chapter; or
(3) other relief the court considers proper,
including:
(A) the appointment of a receiver if the judgment
against the defendant is not satisfied within three months after
the date of the final judgment; or
(B) [the revocation of a certificate authorizing
the defendant to engage in business in this state; or
[(C)] an order enjoining the defendant from
acting as a personnel service.
SECTION 2.02. The following provisions of the Occupations
Code are repealed:
(1) Sections 2501.001(2), (3-a), and (4-a);
(2) Section 2501.201(c);
(3) Section 2501.253; and
(4) Subchapters B and D, Chapter 2501.
SECTION 2.03. (a) An action pending on the effective date of
this Act related to a violation of Section 2501.102, Occupations
Code, is dismissed.
(b) An administrative penalty assessed by the Texas
Department of Licensing and Regulation related to a violation of
Chapter 2501, Occupations Code, as that chapter existed immediately
before the effective date of this Act, may be collected as provided
by Chapter 51, Occupations Code.
(c) The Texas Department of Licensing and Regulation shall
return to a person who holds a valid certificate of authority under
Chapter 2501, Occupations Code, as that chapter existed immediately
before the effective date of this Act, a prorated portion of the fee
paid to the department for the issuance or renewal of the
certificate of authority.
ARTICLE 3. EFFECTIVE DATE
SECTION 3.01. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3167 was passed by the House on May
13, 2011, by the following vote: Yeas 138, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3167 was passed by the Senate on May
24, 2011, by the following vote: Yeas 31, Nays 0
.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor