Texas 2011 - 82nd Regular

Texas House Bill HB3167 Compare Versions

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1	1	By: Callegari (Senate Sponsor - Carona) H.B. No. 3167
2	2	(In the Senate - Received from the House May 16, 2011;
3	3	May 16, 2011, read first time and referred to Committee on Business
4	4	and Commerce; May 18, 2011, reported favorably by the following
5	5	vote: Yeas 8, Nays 0; May 18, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the abolishment of the state regulation of talent
11	11	agencies and personnel services.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	ARTICLE 1. TALENT AGENCIES
14	14	SECTION 1.01. Chapter 2105, Occupations Code, is repealed.
15	15	SECTION 1.02. (a) An action, including a disciplinary or
16	16	administrative proceeding, pending under Chapter 51 or 2105,
17	17	Occupations Code, on the effective date of this Act related to a
18	18	violation of Chapter 2105, Occupations Code, as that chapter
19	19	existed immediately before the effective date of this Act, is
20	20	dismissed.
21	21	(b) An administrative penalty assessed by the Texas
22	22	Commission of Licensing and Regulation related to a violation of
23	23	Chapter 2105, Occupations Code, as that chapter existed immediately
24	24	before the effective date of this Act, may be collected as provided
25	25	by Chapter 51, Occupations Code.
26	26	(c) The changes in law made by this Act do not affect the
27	27	pending prosecution of an offense under Chapter 2105, Occupations
28	28	Code, as that chapter existed immediately before the effective date
29	29	of this Act. An offense committed before the effective date of this
30	30	Act is governed by the law in effect at the time the offense was
31	31	committed, and the former law is continued in effect for that
32	32	purpose. For purposes of this section, an offense was committed
33	33	before the effective date of this Act if any element of the offense
34	34	was committed before that date.
35	35	(d) The Texas Department of Licensing and Regulation shall
36	36	return to a person who holds a valid registration under Chapter
37	37	2105, Occupations Code, as that chapter existed immediately before
38	38	the effective date of this Act, a prorated portion of the fee paid
39	39	to the department for the issuance or renewal of the registration.
40	40	ARTICLE 2. PERSONNEL SERVICES
41	41	SECTION 2.01. Section 2501.202, Occupations Code, is
42	42	amended to read as follows:
43	43	Sec. 2501.202. INJUNCTION AND OTHER REMEDIES. A plaintiff
44	44	in an action filed under Section 2501.201 may obtain:
45	45	(1) an order enjoining the defendant from violating
46	46	this chapter;
47	47	(2) any order necessary to restore to the plaintiff
48	48	any property acquired by the defendant in violation of this
49	49	chapter; or
50	50	(3) other relief the court considers proper,
51	51	including:
52	52	(A) the appointment of a receiver if the judgment
53	53	against the defendant is not satisfied within three months after
54	54	the date of the final judgment; or
55	55	(B) [the revocation of a certificate authorizing
56	56	the defendant to engage in business in this state; or
57	57	[(C)] an order enjoining the defendant from
58	58	acting as a personnel service.
59	59	SECTION 2.02. The following provisions of the Occupations
60	60	Code are repealed:
61	61	(1) Sections 2501.001(2), (3-a), and (4-a);
62	62	(2) Section 2501.201(c);
63	63	(3) Section 2501.253; and
64	64	(4) Subchapters B and D, Chapter 2501.
65	65	SECTION 2.03. (a) An action pending on the effective date of
66	66	this Act related to a violation of Section 2501.102, Occupations
67	67	Code, is dismissed.
68	68	(b) An administrative penalty assessed by the Texas
69	69	Department of Licensing and Regulation related to a violation of
70	70	Chapter 2501, Occupations Code, as that chapter existed immediately
71	71	before the effective date of this Act, may be collected as provided
72	72	by Chapter 51, Occupations Code.
73	73	(c) The Texas Department of Licensing and Regulation shall
74	74	return to a person who holds a valid certificate of authority under
75	75	Chapter 2501, Occupations Code, as that chapter existed immediately
76	76	before the effective date of this Act, a prorated portion of the fee
77	77	paid to the department for the issuance or renewal of the
78	78	certificate of authority.
79	79	ARTICLE 3. EFFECTIVE DATE
80	80	SECTION 3.01. This Act takes effect September 1, 2011.
81	81	* * * * *