BILL ANALYSIS S.B. 972 By: Carona Licensing & Administrative Procedures Committee Report (Unamended) BACKGROUND AND PURPOSE The Texas Department of Licensing and Regulation (TDLR) oversees dozens of occupational regulatory programs and, as part of its regulatory responsibilities, enforces various provisions of the Health and Safety Code, Labor Code, and Occupations Code by utilizing remedies that include warnings and reprimands, administrative and civil penalties, and, in some cases, criminal penalties. Interested parties note, however, that it is unnecessary and inappropriate for statutory provisions relating to occupational regulation, which is a civil matter, to contain criminal penalties because the attorney general can use the Penal Code to address any egregious behavior on the part of a licensed or registered professional. In an effort to decriminalize the governing statutes for TDLR's occupational regulatory duties, S.B. 972 repeals certain offenses relating to certain occupations regulated by TDLR. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS S.B. 972 amends the Health and Safety Code, Labor Code, and Occupations Code to repeal certain provisions relating to offenses for certain occupations regulated by the Texas Department of Licensing and Regulation (TDLR) and to make conforming changes in the Health and Safety Code, Labor Code, and Occupations Code. S.B. 972 repeals the following provisions: Section 754.024, Health and Safety Code, relating to a Class C misdemeanor offense for noncompliance with the inspection, certification, and registration requirements of elevators, escalators, and related equipment Section 91.063, Labor Code, relating to a Class A misdemeanor offense for certain prohibited acts regarding staff leasing services Subchapter D, Chapter 92, Labor Code, relating to a Class A misdemeanor offense for knowingly or intentionally violating statutory provisions governing temporary common worker employers or a rule or an administrative order adopted under such provisions the heading to Subchapter F, Chapter 1151, Occupations Code Sections 1151.251, 1151.252, and 1152.252, Occupations Code, relating to certain misdemeanor offenses relating to property tax professionals and property tax consultants Section 2052.309, Occupations Code, relating to the violation of statutory provisions governing combative sports or a rule adopted under those provisions Subchapter H, Chapter 1202, Occupations Code, relating to a Class A misdemeanor offense for violating statutory provisions governing industrialized housing and buildings or a published rule of the Texas Commission of Licensing and Regulation or order of the commission or the executive director of TDLR Subchapter N, Chapter 1601, Occupations Code, relating to a misdemeanor offense for the sale of supplies or engaging in other business by a barber inspector or other TDLR employee Subchapter L, Chapter 1602, Occupations Code, relating to a misdemeanor offense for violating statutory provisions governing cosmetologists EFFECTIVE DATE On passage, or, if the bill does not receive the necessary vote, September 1, 2013.
BILL ANALYSIS
# BILL ANALYSIS
S.B. 972
By: Carona
Licensing & Administrative Procedures
Committee Report (Unamended)
S.B. 972
By: Carona
Licensing & Administrative Procedures
Committee Report (Unamended)
BACKGROUND AND PURPOSE The Texas Department of Licensing and Regulation (TDLR) oversees dozens of occupational regulatory programs and, as part of its regulatory responsibilities, enforces various provisions of the Health and Safety Code, Labor Code, and Occupations Code by utilizing remedies that include warnings and reprimands, administrative and civil penalties, and, in some cases, criminal penalties. Interested parties note, however, that it is unnecessary and inappropriate for statutory provisions relating to occupational regulation, which is a civil matter, to contain criminal penalties because the attorney general can use the Penal Code to address any egregious behavior on the part of a licensed or registered professional. In an effort to decriminalize the governing statutes for TDLR's occupational regulatory duties, S.B. 972 repeals certain offenses relating to certain occupations regulated by TDLR.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS S.B. 972 amends the Health and Safety Code, Labor Code, and Occupations Code to repeal certain provisions relating to offenses for certain occupations regulated by the Texas Department of Licensing and Regulation (TDLR) and to make conforming changes in the Health and Safety Code, Labor Code, and Occupations Code. S.B. 972 repeals the following provisions: Section 754.024, Health and Safety Code, relating to a Class C misdemeanor offense for noncompliance with the inspection, certification, and registration requirements of elevators, escalators, and related equipment Section 91.063, Labor Code, relating to a Class A misdemeanor offense for certain prohibited acts regarding staff leasing services Subchapter D, Chapter 92, Labor Code, relating to a Class A misdemeanor offense for knowingly or intentionally violating statutory provisions governing temporary common worker employers or a rule or an administrative order adopted under such provisions the heading to Subchapter F, Chapter 1151, Occupations Code Sections 1151.251, 1151.252, and 1152.252, Occupations Code, relating to certain misdemeanor offenses relating to property tax professionals and property tax consultants Section 2052.309, Occupations Code, relating to the violation of statutory provisions governing combative sports or a rule adopted under those provisions Subchapter H, Chapter 1202, Occupations Code, relating to a Class A misdemeanor offense for violating statutory provisions governing industrialized housing and buildings or a published rule of the Texas Commission of Licensing and Regulation or order of the commission or the executive director of TDLR Subchapter N, Chapter 1601, Occupations Code, relating to a misdemeanor offense for the sale of supplies or engaging in other business by a barber inspector or other TDLR employee Subchapter L, Chapter 1602, Occupations Code, relating to a misdemeanor offense for violating statutory provisions governing cosmetologists
EFFECTIVE DATE On passage, or, if the bill does not receive the necessary vote, September 1, 2013.
BACKGROUND AND PURPOSE
The Texas Department of Licensing and Regulation (TDLR) oversees dozens of occupational regulatory programs and, as part of its regulatory responsibilities, enforces various provisions of the Health and Safety Code, Labor Code, and Occupations Code by utilizing remedies that include warnings and reprimands, administrative and civil penalties, and, in some cases, criminal penalties. Interested parties note, however, that it is unnecessary and inappropriate for statutory provisions relating to occupational regulation, which is a civil matter, to contain criminal penalties because the attorney general can use the Penal Code to address any egregious behavior on the part of a licensed or registered professional. In an effort to decriminalize the governing statutes for TDLR's occupational regulatory duties, S.B. 972 repeals certain offenses relating to certain occupations regulated by TDLR.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
S.B. 972 amends the Health and Safety Code, Labor Code, and Occupations Code to repeal certain provisions relating to offenses for certain occupations regulated by the Texas Department of Licensing and Regulation (TDLR) and to make conforming changes in the Health and Safety Code, Labor Code, and Occupations Code.
S.B. 972 repeals the following provisions:
Section 754.024, Health and Safety Code, relating to a Class C misdemeanor offense for noncompliance with the inspection, certification, and registration requirements of elevators, escalators, and related equipment
Section 91.063, Labor Code, relating to a Class A misdemeanor offense for certain prohibited acts regarding staff leasing services
Subchapter D, Chapter 92, Labor Code, relating to a Class A misdemeanor offense for knowingly or intentionally violating statutory provisions governing temporary common worker employers or a rule or an administrative order adopted under such provisions
the heading to Subchapter F, Chapter 1151, Occupations Code
Sections 1151.251, 1151.252, and 1152.252, Occupations Code, relating to certain misdemeanor offenses relating to property tax professionals and property tax consultants
Section 2052.309, Occupations Code, relating to the violation of statutory provisions governing combative sports or a rule adopted under those provisions
Subchapter H, Chapter 1202, Occupations Code, relating to a Class A misdemeanor offense for violating statutory provisions governing industrialized housing and buildings or a published rule of the Texas Commission of Licensing and Regulation or order of the commission or the executive director of TDLR
Subchapter N, Chapter 1601, Occupations Code, relating to a misdemeanor offense for the sale of supplies or engaging in other business by a barber inspector or other TDLR employee
Subchapter L, Chapter 1602, Occupations Code, relating to a misdemeanor offense for violating statutory provisions governing cosmetologists
EFFECTIVE DATE
On passage, or, if the bill does not receive the necessary vote, September 1, 2013.