| 1 | 1 | | By: Carona S.B. No. 1168 |
|---|
| 2 | 2 | | (Harper-Brown) |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the repeal of the certification process for personnel |
|---|
| 8 | 8 | | service owners and the regulation of personnel services. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 2501.202, Occupations Code, is amended |
|---|
| 11 | 11 | | to read as follows: |
|---|
| 12 | 12 | | Sec. 2501.202. INJUNCTION AND OTHER REMEDIES. A plaintiff |
|---|
| 13 | 13 | | in an action filed under Section 2501.201 may obtain: |
|---|
| 14 | 14 | | (1) an order enjoining the defendant from violating |
|---|
| 15 | 15 | | this chapter; |
|---|
| 16 | 16 | | (2) any order necessary to restore to the plaintiff |
|---|
| 17 | 17 | | any property acquired by the defendant in violation of this |
|---|
| 18 | 18 | | chapter; or |
|---|
| 19 | 19 | | (3) other relief the court considers proper, |
|---|
| 20 | 20 | | including: |
|---|
| 21 | 21 | | (A) the appointment of a receiver if the judgment |
|---|
| 22 | 22 | | against the defendant is not satisfied within three months after |
|---|
| 23 | 23 | | the date of the final judgment; or |
|---|
| 24 | 24 | | (B) [the revocation of a certificate authorizing |
|---|
| 25 | 25 | | the defendant to engage in business in this state; or |
|---|
| 26 | 26 | | [(C)] an order enjoining the defendant from |
|---|
| 27 | 27 | | acting as a personnel service. |
|---|
| 28 | 28 | | SECTION 2. The following provisions of the Occupations Code |
|---|
| 29 | 29 | | are repealed: |
|---|
| 30 | 30 | | (1) Subdivisions (2), (3-a), and (4-a), Section |
|---|
| 31 | 31 | | 2501.001; |
|---|
| 32 | 32 | | (2) Subsection (c), Section 2501.201; |
|---|
| 33 | 33 | | (3) Section 2501.253; and |
|---|
| 34 | 34 | | (4) Subchapters B and D, Chapter 2501. |
|---|
| 35 | 35 | | SECTION 3. The changes in law made by this Act apply only to |
|---|
| 36 | 36 | | liability for relief in an action under Section 2501.201, |
|---|
| 37 | 37 | | Occupations Code, filed on or after the effective date of this Act. |
|---|
| 38 | 38 | | An action filed before the effective date of this Act is governed by |
|---|
| 39 | 39 | | the law in effect when the action was filed, and the former law is |
|---|
| 40 | 40 | | continued in effect for that purpose. |
|---|
| 41 | 41 | | SECTION 4. This Act takes effect immediately if it receives |
|---|
| 42 | 42 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 43 | 43 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 44 | 44 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 45 | 45 | | Act takes effect September 1, 2011. |
|---|