Texas 2015 - 84th Regular

Texas House Bill HB2089 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	84R10815 BEF-F
2	1		By: Darby, Harless, Gonzales, Flynn, H.B. No. 2089
3		-	Thompson of Harris
4		-	Substitute the following for H.B. No. 2089:
5		-	By: Smith C.S.H.B. No. 2089
	2	+	Thompson of Harris, et al.
6	3
7	4
8	5		A BILL TO BE ENTITLED
9	6		AN ACT
10	7		relating to the repeal of certain occupational license fees and
11	8		taxes.
12	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	10		SECTION 1. Sections 201.354(d) and (g), Occupations Code,
14	11		are amended to read as follows:
15	12		(d) A person whose license has been expired for 90 days or
16	13		less may renew the license by paying to the board a renewal fee that
17	14		is equal to [the sum of] 1-1/2 times the annual renewal fee set by
18	15		the board under Section 201.153(a) [and the increase in that fee
19	16		required by Section 201.153(b)]. If a person's license has been
20	17		expired for more than 90 days but less than one year, the person may
21	18		renew the license by paying to the board a renewal fee that is equal
22	19		to [the sum of] two times the annual renewal fee set by the board
23	20		under Section 201.153(a) [and the increase in that fee required by
24	21		Section 201.153(b)].
25	22		(g) A person may renew a license that has been expired for at
26	23		least one year but not more than three years if:
27	24		(1) the board determines according to criteria adopted
28	25		by board rule that the person has shown good cause for the failure
29	26		to renew the license; and
30	27		(2) the person pays to the board:
31	28		(A) the annual renewal fee set by the board under
32	29		Section 201.153(a) for each year in which the license was expired;
33	30		and
34	31		(B) an additional fee in an amount equal to the
35	32		sum of:
36	33		(i) the annual renewal fee set by the board
37	34		under Section 201.153(a), multiplied by the number of years the
38	35		license was expired, prorated for fractional years; and
39	36		(ii) two times the annual renewal fee set by
40	37		the board under Section 201.153(a)[; and
41	38		[(C) the increase in the annual renewal fee
42	39		required by Section 201.153(b)].
43	40		SECTION 2. Section 351.304(b), Occupations Code, is amended
44	41		to read as follows:
45	42		(b) A person whose license has been expired for 90 days or
46	43		less may renew the license by paying to the board a renewal fee that
47	44		is equal to [the sum of] one and one-half times the annual renewal
48	45		fee set by the board under Section 351.152 [and the additional fee
49	46		required by Section 351.153]. If a person's license has been
50	47		expired for more than 90 days but less than one year, the person may
51	48		renew the license by paying to the board a renewal fee that is equal
52	49		to [the sum of] two times the annual renewal fee set by the board
53	50		under Section 351.152 [and the additional fee required by Section
54	51		351.153].
55	52		SECTION 3. Section 351.306(b), Occupations Code, is amended
56	53		to read as follows:
57	54		(b) The person must pay to the board a fee that is equal to
58	55		the amount of the renewal fee set by the board under Section 351.152
59	56		[351.153(a)].
60	57		SECTION 4. Sections 801.303(b) and (c), Occupations Code,
61	58		are amended to read as follows:
62	59		(b) A person whose license has been expired for 90 days or
63	60		less may renew the license by paying to the board a renewal fee that
64	61		is equal to [the sum of] 1-1/2 times the renewal fee set by the board
65	62		under Section 801.154(a) [and the additional fee required by
66	63		Section 801.154(b), if applicable].
67	64		(c) A person whose license has been expired for more than 90
68	65		days but less than one year may renew the license by paying to the
69	66		board a renewal fee that is equal to [the sum of] two times the
70	67		renewal fee set by the board under Section 801.154(a) [and the
71	68		additional fee required by Section 801.154(b), if applicable].
72	69		SECTION 5. Section 801.305(b), Occupations Code, is amended
73	70		to read as follows:
74	71		(b) The person must pay to the board a fee that is equal to
75	72		the amount of the renewal fee set by the board under Section
76	73		801.154(a) [and the additional fee required by Section 801.154(b)].
77	74		SECTION 6. Sections 901.155(a) and (c), Occupations Code,
78	75		are amended to read as follows:
79	76		(a) The fee for the issuance or renewal of a license under
80	77		this chapter consists of:
81	78		(1) the amount of the fee set by the board under
82	79		Section 901.154; and
83	80		(2) [the fee increase imposed under Section 901.406;
84	81		and
85	82		[(3)] an additional $10 annual fee to be deposited to
86	83		the credit of the scholarship trust fund for fifth-year accounting
87	84		students.
88	85		(c) The administrative costs incurred to collect the fee
89	86		imposed under Subsection (a)(2) [(a)(3)] and to disburse the money
90	87		may not exceed 10 percent of the total money collected.
91	88		SECTION 7. Section 901.405(f), Occupations Code, is amended
92	89		to read as follows:
93	90		(f) A person who was licensed in this state, moved to
94	91		another state, and is currently licensed and has been in practice in
95	92		the other state for the two years preceding the date of application
96	93		may obtain a new license without reexamination. A person described
97	94		by this subsection whose license has been revoked under Section
98	95		901.502(3) or (4) may obtain a new license under this subsection. A
99	96		person described by this subsection must pay to the board a fee that
100	97		is equal to two times the normally required renewal fee for the
101	98		license [and is not subject to additional fees under Section
102	99		901.408].
103	100		SECTION 8. Section 901.408(a), Occupations Code, is amended
104	101		to read as follows:
105	102		(a) A person, other than a person described by Section
106	103		901.405(f), who fails to pay the license renewal fee [or the
107	104		additional fee imposed under Section 901.407, as applicable,] and
108	105		any late fee before the first anniversary of the due date of the
109	106		renewal fee [or additional fee] may renew the person's license only
110	107		by submitting to the board an application for renewal accompanied
111	108		by payment of:
112	109		(1) all accrued fees, including late fees; and
113	110		(2) the direct administrative costs incurred by the
114	111		board in renewing the person's license.
115	112		SECTION 9. Sections 1001.353(b) and (c), Occupations Code,
116	113		are amended to read as follows:
117	114		(b) A person whose license has been expired for 90 days or
118	115		less may renew the license by paying to the board the required
119	116		annual renewal fee and [,] a late renewal fee [, and any applicable
120	117		increase in fees as required by Section 1001.206].
121	118		(c) A person whose license has been expired for more than 90
122	119		days but less than two years may renew the license by paying to the
123	120		board the required annual renewal fee and [,] a late renewal fee [,
124	121		and any applicable increase in fees as required by Section
125	122		1001.206] for each delinquent year or part of a year.
126	123		SECTION 10. Section 1001.355(d), Occupations Code, is
127	124		amended to read as follows:
128	125		(d) To return to active status, a license holder on inactive
129	126		status must:
130	127		(1) file with the board a written notice requesting
131	128		reinstatement to active status;
132	129		(2) pay the fee for the annual renewal of the license
133	130		[and the fee increase required by Section 1001.206]; and
134	131		(3) provide evidence satisfactory to the board that
135	132		the person has complied with the continuing education requirements
136	133		adopted by the board.
137	134		SECTION 11. Section 1101.154(a), Occupations Code, is
138	135		amended to read as follows:
139	136		(a) The fee for the issuance or renewal of a:
140	137		(1) broker license is the amount of the fee set under
141		-	Section [Sections] 1101.152 [and 1101.153] and an additional $20
142		-	fee;
	138	+	Section [Sections] 1101.152 [and 1101.153] and an additional $70
	139	+	[$20
	140	+	] fee;
143	141		(2) salesperson license is the amount of the fee set
144	142		under Section 1101.152 and an additional $20 fee; and
145	143		(3) certificate of registration is the amount of the
146	144		fee set under Section 1101.152 and an additional $20 fee.
147	145		SECTION 12. The following provisions are repealed:
148	146		(1) Section 153.053, Occupations Code;
149	147		(2) Sections 201.153(b) and (c), Occupations Code;
150	148		(3) Section 254.004(b), Occupations Code;
151	149		(4) Section 351.153, Occupations Code;
152	150		(5) Section 501.153, Occupations Code;
153	151		(6) Sections 801.154(b), (c), and (d), Occupations
154	152		Code;
155	153		(7) Section 901.406, Occupations Code;
156	154		(8) Section 901.407, Occupations Code;
157	155		(9) Section 901.410, Occupations Code;
158	156		(10) Section 1001.206, Occupations Code;
159	157		(11) Section 1051.652, Occupations Code;
160	158		(12) Section 1052.0541, Occupations Code;
161	159		(13) Section 1053.0521, Occupations Code;
162	160		(14) Section 1071.1521, Occupations Code;
163	161		(15) Section 1101.153, Occupations Code;
164	162		(16) Section 1105.003(e), Occupations Code;
165	163		(17) Section 1152.053, Occupations Code;
166	164		(18) Subchapter H, Chapter 191, Tax Code; and
167	165		(19) Section 41, The Securities Act (Article 581-41,
168	166		Vernon's Texas Civil Statutes).
169	167		SECTION 13. The changes in law made by this Act do not
170	168		affect a surcharge, additional fee, additional charge, fee
171	169		increase, tax, or late fee imposed before the effective date of this
172	170		Act, and the law in effect before the effective date of this Act is
173	171		continued in effect for purposes of the liability for and
174	172		collection of those surcharges, additional fees, additional
175	173		charges, fee increases, taxes, and late fees.
176	174		SECTION 14. This Act takes effect September 1, 2015.