84R10815 BEF-F
By: Darby, Harless, Gonzales, Flynn, H.B. No. 2089
Thompson of Harris
Substitute the following for H.B. No. 2089:
By: Smith C.S.H.B. No. 2089
A BILL TO BE ENTITLED
AN ACT
relating to the repeal of certain occupational license fees and
taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 201.354(d) and (g), Occupations Code,
are amended to read as follows:
(d) A person whose license has been expired for 90 days or
less may renew the license by paying to the board a renewal fee that
is equal to [the sum of] 1-1/2 times the annual renewal fee set by
the board under Section 201.153(a) [and the increase in that fee
required by Section 201.153(b)]. If a person's license has been
expired for more than 90 days but less than one year, the person may
renew the license by paying to the board a renewal fee that is equal
to [the sum of] two times the annual renewal fee set by the board
under Section 201.153(a) [and the increase in that fee required by
Section 201.153(b)].
(g) A person may renew a license that has been expired for at
least one year but not more than three years if:
(1) the board determines according to criteria adopted
by board rule that the person has shown good cause for the failure
to renew the license; and
(2) the person pays to the board:
(A) the annual renewal fee set by the board under
Section 201.153(a) for each year in which the license was expired;
and
(B) an additional fee in an amount equal to the
sum of:
(i) the annual renewal fee set by the board
under Section 201.153(a), multiplied by the number of years the
license was expired, prorated for fractional years; and
(ii) two times the annual renewal fee set by
the board under Section 201.153(a)[; and
[(C) the increase in the annual renewal fee
required by Section 201.153(b)].
SECTION 2. Section 351.304(b), Occupations Code, is amended
to read as follows:
(b) A person whose license has been expired for 90 days or
less may renew the license by paying to the board a renewal fee that
is equal to [the sum of] one and one-half times the annual renewal
fee set by the board under Section 351.152 [and the additional fee
required by Section 351.153]. If a person's license has been
expired for more than 90 days but less than one year, the person may
renew the license by paying to the board a renewal fee that is equal
to [the sum of] two times the annual renewal fee set by the board
under Section 351.152 [and the additional fee required by Section
351.153].
SECTION 3. Section 351.306(b), Occupations Code, is amended
to read as follows:
(b) The person must pay to the board a fee that is equal to
the amount of the renewal fee set by the board under Section 351.152
[351.153(a)].
SECTION 4. Sections 801.303(b) and (c), Occupations Code,
are amended to read as follows:
(b) A person whose license has been expired for 90 days or
less may renew the license by paying to the board a renewal fee that
is equal to [the sum of] 1-1/2 times the renewal fee set by the board
under Section 801.154(a) [and the additional fee required by
Section 801.154(b), if applicable].
(c) A person whose license has been expired for more than 90
days but less than one year may renew the license by paying to the
board a renewal fee that is equal to [the sum of] two times the
renewal fee set by the board under Section 801.154(a) [and the
additional fee required by Section 801.154(b), if applicable].
SECTION 5. Section 801.305(b), Occupations Code, is amended
to read as follows:
(b) The person must pay to the board a fee that is equal to
the amount of the renewal fee set by the board under Section
801.154(a) [and the additional fee required by Section 801.154(b)].
SECTION 6. Sections 901.155(a) and (c), Occupations Code,
are amended to read as follows:
(a) The fee for the issuance or renewal of a license under
this chapter consists of:
(1) the amount of the fee set by the board under
Section 901.154; and
(2) [the fee increase imposed under Section 901.406;
and
[(3)] an additional $10 annual fee to be deposited to
the credit of the scholarship trust fund for fifth-year accounting
students.
(c) The administrative costs incurred to collect the fee
imposed under Subsection (a)(2) [(a)(3)] and to disburse the money
may not exceed 10 percent of the total money collected.
SECTION 7. Section 901.405(f), Occupations Code, is amended
to read as follows:
(f) A person who was licensed in this state, moved to
another state, and is currently licensed and has been in practice in
the other state for the two years preceding the date of application
may obtain a new license without reexamination. A person described
by this subsection whose license has been revoked under Section
901.502(3) or (4) may obtain a new license under this subsection. A
person described by this subsection must pay to the board a fee that
is equal to two times the normally required renewal fee for the
license [and is not subject to additional fees under Section
901.408].
SECTION 8. Section 901.408(a), Occupations Code, is amended
to read as follows:
(a) A person, other than a person described by Section
901.405(f), who fails to pay the license renewal fee [or the
additional fee imposed under Section 901.407, as applicable,] and
any late fee before the first anniversary of the due date of the
renewal fee [or additional fee] may renew the person's license only
by submitting to the board an application for renewal accompanied
by payment of:
(1) all accrued fees, including late fees; and
(2) the direct administrative costs incurred by the
board in renewing the person's license.
SECTION 9. Sections 1001.353(b) and (c), Occupations Code,
are amended to read as follows:
(b) A person whose license has been expired for 90 days or
less may renew the license by paying to the board the required
annual renewal fee and [,] a late renewal fee [, and any applicable
increase in fees as required by Section 1001.206].
(c) A person whose license has been expired for more than 90
days but less than two years may renew the license by paying to the
board the required annual renewal fee and [,] a late renewal fee [,
and any applicable increase in fees as required by Section
1001.206] for each delinquent year or part of a year.
SECTION 10. Section 1001.355(d), Occupations Code, is
amended to read as follows:
(d) To return to active status, a license holder on inactive
status must:
(1) file with the board a written notice requesting
reinstatement to active status;
(2) pay the fee for the annual renewal of the license
[and the fee increase required by Section 1001.206]; and
(3) provide evidence satisfactory to the board that
the person has complied with the continuing education requirements
adopted by the board.
SECTION 11. Section 1101.154(a), Occupations Code, is
amended to read as follows:
(a) The fee for the issuance or renewal of a:
(1) broker license is the amount of the fee set under
Section [Sections] 1101.152 [and 1101.153] and an additional $20
fee;
(2) salesperson license is the amount of the fee set
under Section 1101.152 and an additional $20 fee; and
(3) certificate of registration is the amount of the
fee set under Section 1101.152 and an additional $20 fee.
SECTION 12. The following provisions are repealed:
(1) Section 153.053, Occupations Code;
(2) Sections 201.153(b) and (c), Occupations Code;
(3) Section 254.004(b), Occupations Code;
(4) Section 351.153, Occupations Code;
(5) Section 501.153, Occupations Code;
(6) Sections 801.154(b), (c), and (d), Occupations
Code;
(7) Section 901.406, Occupations Code;
(8) Section 901.407, Occupations Code;
(9) Section 901.410, Occupations Code;
(10) Section 1001.206, Occupations Code;
(11) Section 1051.652, Occupations Code;
(12) Section 1052.0541, Occupations Code;
(13) Section 1053.0521, Occupations Code;
(14) Section 1071.1521, Occupations Code;
(15) Section 1101.153, Occupations Code;
(16) Section 1105.003(e), Occupations Code;
(17) Section 1152.053, Occupations Code;
(18) Subchapter H, Chapter 191, Tax Code; and
(19) Section 41, The Securities Act (Article 581-41,
Vernon's Texas Civil Statutes).
SECTION 13. The changes in law made by this Act do not
affect a surcharge, additional fee, additional charge, fee
increase, tax, or late fee imposed before the effective date of this
Act, and the law in effect before the effective date of this Act is
continued in effect for purposes of the liability for and
collection of those surcharges, additional fees, additional
charges, fee increases, taxes, and late fees.
SECTION 14. This Act takes effect September 1, 2015.