Texas 2015 - 84th Regular

Texas Senate Bill SB1179 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R9033 MAW-D
2	2	By: Huffines S.B. No. 1179
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to abolishing certain occupational licensing requirements
8	8	and associated regulations.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Section 16.008, Civil Practice
11	11	and Remedies Code, is amended to read as follows:
12	12	Sec. 16.008. ARCHITECTS, ENGINEERS, [INTERIOR DESIGNERS,]
13	13	AND LANDSCAPE ARCHITECTS FURNISHING DESIGN, PLANNING, OR
14	14	INSPECTION OF CONSTRUCTION OF IMPROVEMENTS.
15	15	SECTION 2. Sections 16.008(a) and (c), Civil Practice and
16	16	Remedies Code, are amended to read as follows:
17	17	(a) A person must bring suit for damages for a claim listed
18	18	in Subsection (b) against a registered or licensed architect,
19	19	engineer, [interior designer,] or landscape architect in this
20	20	state, who designs, plans, or inspects the construction of an
21	21	improvement to real property or equipment attached to real
22	22	property, not later than 10 years after the substantial completion
23	23	of the improvement or the beginning of operation of the equipment in
24	24	an action arising out of a defective or unsafe condition of the real
25	25	property, the improvement, or the equipment.
26	26	(c) If the claimant presents a written claim for damages,
27	27	contribution, or indemnity to the architect, engineer, [interior
28	28	designer,] or landscape architect within the 10-year limitations
29	29	period, the period is extended for two years from the day the claim
30	30	is presented.
31	31	SECTION 3. Articles 18.19(c), (d), and (e), Code of
32	32	Criminal Procedure, are amended to read as follows:
33	33	(c) If there is no prosecution or conviction for an offense
34	34	involving the weapon seized, the magistrate to whom the seizure was
35	35	reported shall, before the 61st day after the date the magistrate
36	36	determines that there will be no prosecution or conviction, notify
37	37	in writing the person found in possession of the weapon that the
38	38	person is entitled to the weapon upon written request to the
39	39	magistrate. The magistrate shall order the weapon returned to the
40	40	person found in possession before the 61st day after the date the
41	41	magistrate receives a request from the person. If the weapon is not
42	42	requested before the 61st day after the date of notification, the
43	43	magistrate shall, before the 121st day after the date of
44	44	notification, order the weapon destroyed, sold at public sale by
45	45	the law enforcement agency holding the weapon or by an auctioneer
46	46	[licensed under Chapter 1802, Occupations Code], or forfeited to
47	47	the state for use by the law enforcement agency holding the weapon
48	48	or by a county forensic laboratory designated by the magistrate. If
49	49	the magistrate does not order the return, destruction, sale, or
50	50	forfeiture of the weapon within the applicable period prescribed by
51	51	this subsection, the law enforcement agency holding the weapon may
52	52	request an order of destruction, sale, or forfeiture of the weapon
53	53	from the magistrate. Only a firearms dealer licensed under 18
54	54	U.S.C. Section 923 may purchase a weapon at public sale under this
55	55	subsection. Proceeds from the sale of a seized weapon under this
56	56	subsection shall be transferred, after the deduction of court costs
57	57	to which a district court clerk is entitled under Article 59.05(f),
58	58	followed by the deduction of auction costs, to the law enforcement
59	59	agency holding the weapon.
60	60	(d) A person either convicted or receiving deferred
61	61	adjudication under Chapter 46, Penal Code, is entitled to the
62	62	weapon seized upon request to the court in which the person was
63	63	convicted or placed on deferred adjudication. However, the court
64	64	entering the judgment shall order the weapon destroyed, sold at
65	65	public sale by the law enforcement agency holding the weapon or by
66	66	an auctioneer [licensed under Chapter 1802, Occupations Code], or
67	67	forfeited to the state for use by the law enforcement agency holding
68	68	the weapon or by a county forensic laboratory designated by the
69	69	court if:
70	70	(1) the person does not request the weapon before the
71	71	61st day after the date of the judgment of conviction or the order
72	72	placing the person on deferred adjudication;
73	73	(2) the person has been previously convicted under
74	74	Chapter 46, Penal Code;
75	75	(3) the weapon is one defined as a prohibited weapon
76	76	under Chapter 46, Penal Code;
77	77	(4) the offense for which the person is convicted or
78	78	receives deferred adjudication was committed in or on the premises
79	79	of a playground, school, video arcade facility, or youth center, as
80	80	those terms are defined by Section 481.134, Health and Safety Code;
81	81	or
82	82	(5) the court determines based on the prior criminal
83	83	history of the defendant or based on the circumstances surrounding
84	84	the commission of the offense that possession of the seized weapon
85	85	would pose a threat to the community or one or more individuals.
86	86	(e) If the person found in possession of a weapon is
87	87	convicted of an offense involving the use of the weapon, before the
88	88	61st day after the date of conviction the court entering judgment of
89	89	conviction shall order destruction of the weapon, sale at public
90	90	sale by the law enforcement agency holding the weapon or by an
91	91	auctioneer [licensed under Chapter 1802, Occupations Code], or
92	92	forfeiture to the state for use by the law enforcement agency
93	93	holding the weapon or by a county forensic laboratory designated by
94	94	the court. If the court entering judgment of conviction does not
95	95	order the destruction, sale, or forfeiture of the weapon within the
96	96	period prescribed by this subsection, the law enforcement agency
97	97	holding the weapon may request an order of destruction, sale, or
98	98	forfeiture of the weapon from a magistrate. Only a firearms dealer
99	99	licensed under 18 U.S.C. Section 923 may purchase a weapon at public
100	100	sale under this subsection. Proceeds from the sale of a seized
101	101	weapon under this subsection shall be transferred, after the
102	102	deduction of court costs to which a district court clerk is entitled
103	103	under Article 59.05(f), followed by the deduction of auction costs,
104	104	to the law enforcement agency holding the weapon.
105	105	SECTION 4. Section 21.003, Education Code, is amended by
106	106	adding Subsection (d) to read as follows:
107	107	(d) A person who does not hold a certificate or permit
108	108	issued as provided by Subchapter B may be employed as an athletic
109	109	coach by a school district. This subsection does not authorize a
110	110	person employed as an athletic coach to provide academic
111	111	instruction, including physical education instruction, to students
112	112	without holding an appropriate certificate or permit issued as
113	113	provided by Subchapter B.
114	114	SECTION 5. Section 469.102(a), Government Code, is amended
115	115	to read as follows:
116	116	(a) The architect, [interior designer,] landscape
117	117	architect, or engineer who has overall responsibility for the
118	118	design of a constructed or reconstructed building or facility shall
119	119	submit the plans and specifications required under Section 469.101.
120	120	SECTION 6. Section 469.104, Government Code, is amended to
121	121	read as follows:
122	122	Sec. 469.104. FAILURE TO SUBMIT PLANS AND SPECIFICATIONS.
123	123	The commission shall report to the Texas Board of Architectural
124	124	Examiners, the Texas Board of Professional Engineers, or another
125	125	appropriate licensing authority the failure of any architect,
126	126	[interior designer,] landscape architect, or engineer to submit or
127	127	resubmit in a timely manner plans and specifications to the
128	128	department as required by this subchapter.
129	129	SECTION 7. Section 263.153(c), Local Government Code, is
130	130	amended to read as follows:
131	131	(c) A county that contracts with an auctioneer [licensed
132	132	under Chapter 1802, Occupations Code,] who uses an Internet auction
133	133	site offering online bidding through the Internet to sell surplus
134	134	or salvage property under this subchapter having an estimated value
135	135	of not more than $500 shall satisfy the notice requirement under
136	136	this section by posting the property on the site for at least 10
137	137	days unless the property is sold before the 10th day.
138	138	SECTION 8. Section 1001.063, Occupations Code, is amended
139	139	to read as follows:
140	140	Sec. 1001.063. ARCHITECTS AND [,] LANDSCAPE ARCHITECTS[,
141	141	AND INTERIOR DESIGNERS]. This chapter or a rule adopted under this
142	142	chapter does not prevent or otherwise restrict a person licensed as
143	143	an architect under Chapter 1051 or [,] a landscape architect under
144	144	Chapter 1052[, or an interior designer under Chapter 1053] from
145	145	performing an act, service, or work that is within the definition of
146	146	the person's practice under those chapters.
147	147	SECTION 9. The heading to Chapter 1051, Occupations Code,
148	148	is amended to read as follows:
149	149	CHAPTER 1051. TEXAS BOARD OF ARCHITECTURAL EXAMINERS; GENERAL
150	150	PROVISIONS AFFECTING ARCHITECTS AND [,] LANDSCAPE ARCHITECTS[, AND
151	151	INTERIOR DESIGNERS]; PROVISIONS AFFECTING ONLY ARCHITECTS
152	152	SECTION 10. Sections 1051.101(a) and (b), Occupations Code,
153	153	are amended to read as follows:
154	154	(a) The Texas Board of Architectural Examiners consists of
155	155	seven [nine] members appointed by the governor with the advice and
156	156	consent of the senate as follows:
157	157	(1) four architect members registered under this
158	158	chapter;
159	159	(2) [one interior designer member registered under
160	160	Chapter 1053;
161	161	[(3)] one landscape architect member registered under
162	162	Chapter 1052; and
163	163	(3) two [(4) three] members who represent the public,
164	164	at least one of whom is a person with a physical disability.
165	165	(b) Not more than one board member may be:
166	166	(1) a stockholder or owner of an interest in a school
167	167	or college that teaches architecture[, interior design,] or
168	168	landscape architecture; or
169	169	(2) a full-time member of the faculty or
170	170	administration of the architecture[, interior design,] or
171	171	landscape architecture department of a school or college whose
172	172	position is the primary employment of the board member.
173	173	SECTION 11. Section 1051.102, Occupations Code, is amended
174	174	to read as follows:
175	175	Sec. 1051.102. ELIGIBILITY OF PUBLIC MEMBERS. A person is
176	176	not eligible for appointment as a public member of the board if the
177	177	person or the person's spouse:
178	178	(1) is registered, certified, or licensed by an
179	179	occupational regulatory agency in the field of architecture[,
180	180	interior design,] or landscape architecture;
181	181	(2) is employed by or participates in the management
182	182	of a business entity or other organization regulated by the board or
183	183	receiving funds from the board;
184	184	(3) owns or controls, directly or indirectly, more
185	185	than a 10 percent interest in a business entity or other
186	186	organization regulated by the board or receiving funds from the
187	187	board; or
188	188	(4) uses or receives a substantial amount of tangible
189	189	goods, services, or funds from the board, other than compensation
190	190	or reimbursement authorized by law for board membership,
191	191	attendance, or expenses.
192	192	SECTION 12. Section 1051.103(b), Occupations Code, is
193	193	amended to read as follows:
194	194	(b) A person may not be a member of the board and may not be a
195	195	board employee employed in a "bona fide executive, administrative,
196	196	or professional capacity," as that phrase is used for purposes of
197	197	establishing an exemption to the overtime provisions of the federal
198	198	Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.),
199	199	and its subsequent amendments, if:
200	200	(1) the person is an officer, employee, or paid
201	201	consultant of a Texas trade association in the field of
202	202	architecture[, interior design,] or landscape architecture; or
203	203	(2) the person's spouse is an officer, manager, or paid
204	204	consultant of a Texas trade association in the field of
205	205	architecture[, interior design,] or landscape architecture.
206	206	SECTION 13. Section 1051.104(a), Occupations Code, is
207	207	amended to read as follows:
208	208	(a) Board members serve staggered six-year terms. The terms
209	209	of two or three members expire on January 31 of each odd-numbered
210	210	year.
211	211	SECTION 14. Section 1051.201, Occupations Code, is amended
212	212	to read as follows:
213	213	Sec. 1051.201. SCOPE OF ADMINISTRATIVE AUTHORITY. The
214	214	powers granted and duties delegated to the board under this chapter
215	215	are in addition to the powers granted and duties delegated to the
216	216	board under Chapter [Chapters] 1052 [and 1053].
217	217	SECTION 15. Section 1051.202, Occupations Code, is amended
218	218	to read as follows:
219	219	Sec. 1051.202. GENERAL RULEMAKING AUTHORITY. The board
220	220	shall adopt reasonable rules and bylaws and prescribe forms as
221	221	necessary to administer or enforce this subtitle, including rules
222	222	regulating the practices of architecture and [,] landscape
223	223	architecture[, and interior design].
224	224	SECTION 16. The heading to Article 2, Chapter 1051,
225	225	Occupations Code, is amended to read as follows:
226	226	ARTICLE 2. GENERAL PROVISIONS APPLYING TO ARCHITECTS AND [,]
227	227	LANDSCAPE ARCHITECTS[, AND INTERIOR DESIGNERS]
228	228	SECTION 17. Section 1051.306, Occupations Code, is amended
229	229	to read as follows:
230	230	Sec. 1051.306. FIRM REGISTRATION. The board by rule may
231	231	require a firm, partnership, corporation, or association that
232	232	engages in the practice of architecture or [,] landscape
233	233	architecture[, or interior design] to register with the board under
234	234	this subtitle.
235	235	SECTION 18. Section 1051.354, Occupations Code, is amended
236	236	to read as follows:
237	237	Sec. 1051.354. FEE EXEMPTION FOR MILITARY PERSONNEL. (a) A
238	238	person required to register under this subtitle who is on active
239	239	duty as a member of the United States military is exempt from the
240	240	payment of any fee during the person's term of service if the
241	241	person:
242	242	(1) is in good standing as an architect or [,]
243	243	landscape architect [, or interior designer] in this state; or
244	244	(2) was in good standing as an architect or [,]
245	245	landscape architect [, or interior designer] in this state at the
246	246	time the person entered into military service.
247	247	(b) A person who is exempt from payment of a fee under
248	248	Subsection (a):
249	249	(1) is exempt for the remainder of the fiscal year
250	250	during which the person's active duty status expires; and
251	251	(2) is entitled to have the person's name continued on
252	252	the list of architects or [,] landscape architects [, or interior
253	253	designers].
254	254	SECTION 19. Section 1051.355(e), Occupations Code, is
255	255	amended to read as follows:
256	256	(e) The additional amount of the renewal fee described by
257	257	Subsection (b)(2) does not apply to a person registered under
258	258	Chapter 1052 [or 1053].
259	259	SECTION 20. Section 1051.455(b), Occupations Code, is
260	260	amended to read as follows:
261	261	(b) A proceeding under this section relating to an architect
262	262	or [,] a landscape architect [, or an interior designer] is subject
263	263	to Chapter 2001, Government Code.
264	264	SECTION 21. Section 1051.504(a), Occupations Code, is
265	265	amended to read as follows:
266	266	(a) If it appears to the board that a person who is not
267	267	registered under this subtitle is violating or has violated this
268	268	subtitle, a rule adopted under this subtitle, or another state
269	269	statute or rule relating to the practice of architecture or [,]
270	270	landscape architecture [, or interior design], the board after
271	271	providing to the person notice and the opportunity for a hearing may
272	272	issue a cease and desist order prohibiting the conduct described in
273	273	the notice.
274	274	SECTION 22. Section 1101.005, Occupations Code, is amended
275	275	to read as follows:
276	276	Sec. 1101.005. APPLICABILITY OF CHAPTER. This chapter
277	277	does not apply to:
278	278	(1) an attorney licensed in this state;
279	279	(2) an attorney-in-fact authorized under a power of
280	280	attorney to conduct a real estate transaction;
281	281	(3) a public official while engaged in official
282	282	duties;
283	283	(4) an auctioneer [licensed under Chapter 1802] while
284	284	conducting the sale of real estate by auction if the auctioneer does
285	285	not perform another act of a broker or salesperson;
286	286	(5) a person conducting a real estate transaction
287	287	under a court order or the authority of a will or written trust
288	288	instrument;
289	289	(6) a person employed by an owner in the sale of
290	290	structures and land on which structures are located if the
291	291	structures are erected by the owner in the course of the owner's
292	292	business;
293	293	(7) an on-site manager of an apartment complex;
294	294	(8) an owner or the owner's employee who leases the
295	295	owner's improved or unimproved real estate; or
296	296	(9) a transaction involving:
297	297	(A) the sale, lease, or transfer of a mineral or
298	298	mining interest in real property;
299	299	(B) the sale, lease, or transfer of a cemetery
300	300	lot;
301	301	(C) the lease or management of a hotel or motel;
302	302	or
303	303	(D) the sale of real property under a power of
304	304	sale conferred by a deed of trust or other contract lien.
305	305	SECTION 23. Section 1601.002, Occupations Code, is amended
306	306	to read as follows:
307	307	Sec. 1601.002. DEFINITION OF BARBERING. In this chapter,
308	308	"barbering," "practicing barbering," or the "practice of
309	309	barbering" means:
310	310	(1) performing or offering or attempting to perform
311	311	for compensation or the promise of compensation any of the
312	312	following services:
313	313	(A) treating a person's mustache or beard by
314	314	arranging, beautifying, coloring, processing, shaving, styling, or
315	315	trimming; or
316	316	(B) treating a person's hair by:
317	317	(i) arranging, beautifying, bleaching,
318	318	cleansing, coloring, curling, dressing, dyeing, processing,
319	319	[shampooing,] shaping, singeing, straightening, styling, tinting,
320	320	or waving;
321	321	(ii) providing a necessary service that is
322	322	preparatory or ancillary to a service under Subparagraph (i),
323	323	including bobbing, clipping, cutting, or trimming; or
324	324	(iii) cutting the person's hair as a
325	325	separate and independent service for which a charge is directly or
326	326	indirectly made separately from a charge for any other service;
327	327	[(C) cleansing, stimulating, or massaging a
328	328	person's scalp, face, neck, arms, or shoulders:
329	329	[(i) by hand or by using a device,
330	330	apparatus, or appliance; and
331	331	[(ii) with or without the use of any
332	332	cosmetic preparation, antiseptic, tonic, lotion, or cream;
333	333	[(D) beautifying a person's face, neck, arms, or
334	334	shoulders using a cosmetic preparation, antiseptic, tonic, lotion,
335	335	powder, oil, clay, cream, or appliance;
336	336	[(E) treating a person's nails by:
337	337	[(i) cutting, trimming, polishing,
338	338	tinting, coloring, cleansing, manicuring, or pedicuring; or
339	339	[(ii) attaching false nails;
340	340	[(F) massaging, cleansing, treating, or
341	341	beautifying a person's hands;
342	342	[(G) administering facial treatments;
343	343	[(H) weaving a person's hair by using any method
344	344	to attach commercial hair to a person's hair or scalp;
345	345	[(I) shampooing or conditioning a person's hair;
346	346	[(J) servicing in any manner listed in Paragraph
347	347	(B) a person's wig, toupee, or artificial hairpiece on a person's
348	348	head or on a block after the initial retail sale; or
349	349	[(K) braiding a person's hair, trimming hair
350	350	extensions only as applicable to the braiding process, and
351	351	attaching commercial hair only by braiding and without the use of
352	352	chemicals or adhesives;]
353	353	(2) advertising or representing to the public in any
354	354	manner that a person is a barber or is authorized to practice
355	355	barbering; or
356	356	(3) advertising or representing to the public in any
357	357	manner that a location or place of business is a barbershop[,
358	358	specialty shop,] or barber school.
359	359	SECTION 24. Section 1601.003, Occupations Code, is amended
360	360	to read as follows:
361	361	Sec. 1601.003. APPLICATION OF CHAPTER. This chapter does
362	362	not apply to a person who:
363	363	(1) does not represent or advertise to the public
364	364	directly or indirectly that the person is authorized by the
365	365	department to practice barbering; and
366	366	(2) is:
367	367	(A) a physician or registered nurse licensed in
368	368	this state and operating within the scope of the person's license;
369	369	(B) a commissioned or authorized medical or
370	370	surgical officer of the United States armed forces;
371	371	(C) a person regulated under Chapter 1602, if the
372	372	person practices within the scope of a permit or [,] license [, or
373	373	certificate] issued by the department under that chapter; or
374	374	(D) an inmate in the institutional division of
375	375	the Texas Department of Criminal Justice who performs barbering
376	376	during the person's incarceration.
377	377	SECTION 25. Sections 1601.251(b) and (c), Occupations Code,
378	378	are amended to read as follows:
379	379	(b) Unless the person holds an appropriate certificate,
380	380	license, or permit, a person may not directly or indirectly use or
381	381	cause to be used any of the following terms, or any combination,
382	382	variation, or abbreviation of the terms, as a professional or
383	383	business identification, title, name, representation, asset, or
384	384	means of advantage or benefit:
385	385	(1) "barber" or "barbering";
386	386	(2) "barber school" or "barber college"; or
387	387	(3) "barbershop" or ["barbershop,"] "barber salon."
388	388	[salon," or "specialty shop."]
389	389	(c) Unless the person holds an appropriate certificate,
390	390	license, or permit, a person may not directly or indirectly use or
391	391	cause to be used a symbol, or a combination, variation, or
392	392	abbreviation of symbols, that in any manner creates an impression
393	393	with the public that the person is qualified or authorized to
394	394	practice barbering or own or manage a barbershop[, specialty shop,]
395	395	or barber school.
396	396	SECTION 26. Section 1601.256(a), Occupations Code, is
397	397	amended to read as follows:
398	398	(a) A person holding a barber technician license may:
399	399	(1) perform only barbering as specified by commission
400	400	rule [defined by Sections 1601.002(1)(C), (D), (F), (G), and (I)];
401	401	and
402	402	(2) practice only at a location that has been issued a
403	403	barbershop permit.
404	404	SECTION 27. Section 1601.265(a), Occupations Code, is
405	405	amended to read as follows:
406	406	(a) The department shall issue a license or certificate to
407	407	an applicant for a license or certificate issued under Section
408	408	1601.253 or [,] 1601.256 [, 1601.258, or 1601.259] if the
409	409	applicant:
410	410	(1) submits an application on a form prescribed by the
411	411	department;
412	412	(2) pays the application fee; and
413	413	(3) provides proof that the applicant holds a current
414	414	license to engage in the same or a similar activity issued by
415	415	another jurisdiction that has license requirements substantially
416	416	equivalent to those of this state.
417	417	SECTION 28. The heading to Subchapter G, Chapter 1601,
418	418	Occupations Code, is amended to read as follows:
419	419	SUBCHAPTER G. PERMITTING OF BARBERSHOPS [AND SPECIALTY SHOPS]
420	420	SECTION 29. Section 1601.301, Occupations Code, is amended
421	421	to read as follows:
422	422	Sec. 1601.301. PERMIT REQUIRED. (a) A person may not own,
423	423	operate, or manage a barbershop or [,] dual shop[, or specialty
424	424	shop] unless the person holds the appropriate permit.
425	425	(b) Not later than the third day after the date the shop
426	426	opens, a person who owns, operates, or manages a barbershop or [,]
427	427	dual shop[, or specialty shop] must submit an application to the
428	428	department for an appropriate permit for each shop, accompanied by
429	429	a fee set by commission rule.
430	430	(c) A person who owns, operates, or manages a barbershop or
431	431	[,] dual shop[, or specialty shop] may employ a person holding a
432	432	student permit under Section 1601.260 to shampoo or condition a
433	433	person's hair.
434	434	SECTION 30. The heading to Section 1601.308, Occupations
435	435	Code, is amended to read as follows:
436	436	Sec. 1601.308. TRANSFER OF BARBERSHOP [OR SPECIALTY SHOP]
437	437	PERMIT.
438	438	SECTION 31. Section 1601.308(b), Occupations Code, is
439	439	amended to read as follows:
440	440	(b) If the ownership of a barbershop [or specialty shop] is
441	441	transferred, the new owner of the shop may continue to operate the
442	442	shop if the new owner applies for and obtains a new permit not later
443	443	than the 30th day after the date of the transfer.
444	444	SECTION 32. Section 1601.402(b), Occupations Code, is
445	445	amended to read as follows:
446	446	(b) A Class A barber, barber technician, or instructor [,
447	447	manicurist, or other licensed specialist] must renew the person's
448	448	certificate or license on or before the expiration date.
449	449	SECTION 33. Section 1601.405(a), Occupations Code, is
450	450	amended to read as follows:
451	451	(a) The department may not require a Class A barber, barber
452	452	technician, or instructor [, or manicurist] who is serving on
453	453	active duty in the United States armed forces to renew the person's
454	454	certificate or license.
455	455	SECTION 34. The heading to Section 1601.406, Occupations
456	456	Code, is amended to read as follows:
457	457	Sec. 1601.406. RENEWAL OF BARBERSHOP [OR SPECIALTY SHOP]
458	458	PERMIT.
459	459	SECTION 35. Section 1601.406(a), Occupations Code, is
460	460	amended to read as follows:
461	461	(a) A barbershop permit [or specialty shop permit] expires
462	462	on the second anniversary of the date of issuance.
463	463	SECTION 36. Section 1601.452, Occupations Code, is amended
464	464	to read as follows:
465	465	Sec. 1601.452. DISPLAY OF SANITATION RULES. Each
466	466	barbershop [or specialty shop] shall post in the shop a copy of the
467	467	commission's sanitation rules.
468	468	SECTION 37. Section 1601.453, Occupations Code, is amended
469	469	to read as follows:
470	470	Sec. 1601.453. LOCATION OF PRACTICE. A person licensed by
471	471	the department may practice barbering only at a location for which
472	472	the department has issued a barbershop permit [, specialty shop
473	473	permit,] or barber school permit under this chapter or a permit
474	474	issued under Chapter 1603.
475	475	SECTION 38. Section 1601.454(a), Occupations Code, is
476	476	amended to read as follows:
477	477	(a) The commission may not adopt rules to restrict or
478	478	prohibit practice by a Class A barber [or manicurist] in a facility
479	479	solely because the facility is licensed or permitted by the
480	480	department under both this chapter and Chapter 1602.
481	481	SECTION 39. The heading to Subchapter K, Chapter 1601,
482	482	Occupations Code, is amended to read as follows:
483	483	SUBCHAPTER K. OPERATION OF BARBERSHOP [AND SPECIALTY SHOP]
484	484	SECTION 40. Section 1601.501, Occupations Code, is amended
485	485	to read as follows:
486	486	Sec. 1601.501. DISPLAY OF SHOP PERMIT. A barbershop [or
487	487	specialty shop] permit holder must display the permit in a
488	488	conspicuous place in the shop for which the permit is issued.
489	489	SECTION 41. Section 1601.504, Occupations Code, is amended
490	490	to read as follows:
491	491	Sec. 1601.504. NECESSARY EQUIPMENT. The owner, operator,
492	492	or manager of a barbershop [or specialty shop] shall equip the shop
493	493	with the facilities, supplies, and appliances, furnishings, or
494	494	materials necessary to enable a person employed on the premises to
495	495	comply with this chapter.
496	496	SECTION 42. Section 1601.505, Occupations Code, is amended
497	497	to read as follows:
498	498	Sec. 1601.505. EMPLOYEE WITH DISEASE. (a) An owner,
499	499	operator, or manager of a barbershop [or specialty shop] may not
500	500	knowingly permit a person with a communicable skin disease or a
501	501	venereal disease to act as a barber or employee or work in the shop.
502	502	(b) A person who knows the person has a communicable disease
503	503	or a venereal disease may not act as a barber or work in a barbershop
504	504	[or specialty shop].
505	505	SECTION 43. Section 1601.507, Occupations Code, is amended
506	506	to read as follows:
507	507	Sec. 1601.507. USE OF SHOP AS SLEEPING QUARTERS. (a) An
508	508	owner or manager of a barbershop [or specialty shop] may not permit
509	509	a person to sleep in a room used as part of the shop.
510	510	(b) A person may not act as a barber or be employed in a
511	511	barbershop [or specialty shop] in a room used as sleeping quarters.
512	512	SECTION 44. Section 1602.002(a), Occupations Code, is
513	513	amended to read as follows:
514	514	(a) In this chapter, "cosmetology" means the practice of
515	515	performing or offering to perform for compensation any of the
516	516	following services:
517	517	(1) treating a person's hair by:
518	518	(A) providing any method of treatment as a
519	519	primary service, including arranging, beautifying, bleaching,
520	520	cleansing, coloring, cutting, dressing, dyeing, processing,
521	521	[shampooing,] shaping, singeing, straightening, styling, tinting,
522	522	or waving;
523	523	(B) providing a necessary service that is
524	524	preparatory or ancillary to a service under Paragraph (A),
525	525	including bobbing, clipping, cutting, or trimming a person's hair
526	526	or shaving a person's neck with a safety razor; or
527	527	(C) cutting the person's hair as a separate and
528	528	independent service for which a charge is directly or indirectly
529	529	made separately from charges for any other service; or
530	530	(2) [braiding a person's hair;
531	531	[(3) shampooing and conditioning a person's hair;
532	532	[(4) servicing a person's wig or artificial hairpiece
533	533	on a person's head or on a block after the initial retail sale and
534	534	servicing in any manner listed in Subdivision (1);
535	535	[(5)] treating a person's mustache or beard by
536	536	arranging, beautifying, coloring, processing, styling, trimming,
537	537	or shaving with a safety razor[;
538	538	[(6) cleansing, stimulating, or massaging a person's
539	539	scalp, face, neck, or arms:
540	540	[(A) by hand or by using a device, apparatus, or
541	541	appliance; and
542	542	[(B) with or without the use of any cosmetic
543	543	preparation, antiseptic, tonic, lotion, or cream;
544	544	[(7) beautifying a person's face, neck, or arms using a
545	545	cosmetic preparation, antiseptic, tonic, lotion, powder, oil,
546	546	clay, cream, or appliance;
547	547	[(8) administering facial treatments;
548	548	[(9) removing superfluous hair from a person's body
549	549	using depilatories, preparations, or tweezing techniques;
550	550	[(10) treating a person's nails by:
551	551	[(A) cutting, trimming, polishing, tinting,
552	552	coloring, cleansing, or manicuring; or
553	553	[(B) attaching false nails;
554	554	[(11) massaging, cleansing, treating, or beautifying
555	555	a person's hands or feet;
556	556	[(12) applying semipermanent, thread-like extensions
557	557	composed of single fibers to a person's eyelashes; or
558	558	[(13) weaving a person's hair].
559	559	SECTION 45. The heading to Subchapter F, Chapter 1602,
560	560	Occupations Code, is amended to read as follows:
561	561	SUBCHAPTER F. LICENSE [AND CERTIFICATE] REQUIREMENTS FOR
562	562	INDIVIDUALS
563	563	SECTION 46. The heading to Section 1602.251, Occupations
564	564	Code, is amended to read as follows:
565	565	Sec. 1602.251. LICENSE [OR CERTIFICATE] REQUIRED.
566	566	SECTION 47. Sections 1602.251(a) and (c), Occupations Code,
567	567	are amended to read as follows:
568	568	(a) A person may not perform or attempt to perform a
569	569	practice of cosmetology unless the person holds a license [or
570	570	certificate] to perform that practice.
571	571	(c) A person licensed by the department may practice
572	572	cosmetology only at a facility operated by a person holding a beauty
573	573	shop license, [specialty shop license,] private beauty culture
574	574	school license, or other license issued by the department.
575	575	SECTION 48. The heading to Section 1602.262, Occupations
576	576	Code, is amended to read as follows:
577	577	Sec. 1602.262. ISSUANCE OF LICENSE [OR CERTIFICATE].
578	578	SECTION 49. Section 1602.268(b), Occupations Code, is
579	579	amended to read as follows:
580	580	(b) The department may waive any requirement for a license
581	581	[or certificate] issued under this chapter, other than a license
582	582	listed in Subsection (a), for an applicant holding a license from
583	583	another state that has license requirements substantially
584	584	equivalent to those of this state.
585	585	SECTION 50. Section 1602.301, Occupations Code, is amended
586	586	to read as follows:
587	587	Sec. 1602.301. FACILITY LICENSE REQUIRED. (a) A person may
588	588	not operate a beauty shop, beauty culture school, [specialty shop,]
589	589	or other place of business in which cosmetology is taught or
590	590	practiced unless the person holds a license to operate that place of
591	591	business.
592	592	(b) A person may not operate a vocational cosmetology
593	593	program in a public school or lease space on the premises of a
594	594	beauty shop [, specialty shop,] or dual shop to engage in the
595	595	practice of cosmetology as an independent contractor unless the
596	596	person holds a license issued under this chapter.
597	597	(c) A person who owns, operates, or manages a beauty shop [,
598	598	specialty shop,] or dual shop may employ a person holding a student
599	599	permit under Section 1602.266 to shampoo or condition a person's
600	600	hair.
601	601	SECTION 51. Section 1602.303(a), Occupations Code, is
602	602	amended to read as follows:
603	603	(a) A person holding a private beauty culture school license
604	604	may maintain an establishment in which any practice of cosmetology
605	605	is taught [, including providing an eyelash extension application
606	606	training program described by Section 1602.2572].
607	607	SECTION 52. The heading to Section 1602.304, Occupations
608	608	Code, is amended to read as follows:
609	609	Sec. 1602.304. PUBLIC SECONDARY OR POSTSECONDARY BEAUTY
610	610	CULTURE SCHOOL LICENSE [CERTIFICATE].
611	611	SECTION 53. Section 1602.306(c), Occupations Code, is
612	612	amended to read as follows:
613	613	(c) The applicant is entitled to a booth rental license if
614	614	the applicant:
615	615	(1) pays the application fee set by the commission in
616	616	an amount reasonable and necessary to cover the costs of
617	617	administering the booth rental licensing program;
618	618	(2) complies with commission rules; and
619	619	(3) has not committed an act that constitutes a ground
620	620	for denial of a license [or certificate].
621	621	SECTION 54. The heading to Section 1602.351, Occupations
622	622	Code, is amended to read as follows:
623	623	Sec. 1602.351. RENEWAL OF LICENSE [OR CERTIFICATE]
624	624	REQUIRED.
625	625	SECTION 55. Section 1602.351(a), Occupations Code, is
626	626	amended to read as follows:
627	627	(a) Except as provided by Subsections (b) and (c), a license
628	628	[or certificate] issued under this chapter expires on the second
629	629	anniversary of the date the license [or certificate] is issued.
630	630	SECTION 56. Section 1602.353, Occupations Code, as added by
631	631	Chapter 1311 (H.B. 3149), Acts of the 79th Legislature, Regular
632	632	Session, 2005, is amended to conform to Section 1602.353,
633	633	Occupations Code, as added by Chapter 798 (S.B. 411), Acts of the
634	634	79th Legislature, Regular Session, 2005, and further amended to
635	635	read as follows:
636	636	Sec. 1602.353. INACTIVE STATUS. (a) The holder of a
637	637	[certificate or] license issued under this chapter may place the
638	638	holder's [certificate or] license on inactive status by:
639	639	(1) applying to the commission on a form prescribed by
640	640	the commission not later than the 10th day before the date the
641	641	[certificate or] license expires; and
642	642	(2) paying the required fee.
643	643	(b) The holder of a [certificate or] license that has been
644	644	placed on inactive status under this section is not required to
645	645	comply with continuing education requirements under this chapter.
646	646	(c) To maintain inactive status, the holder of a
647	647	[certificate or] license must reapply for inactive status on or
648	648	before the second anniversary of the date the status is granted by
649	649	submitting the required form accompanied by the required renewal
650	650	fee.
651	651	(d) The holder of a [certificate or] license to practice
652	652	cosmetology that has been placed on inactive status under this
653	653	section may not perform or attempt to perform the practice of
654	654	cosmetology.
655	655	(e) The holder of an instructor's license that has been
656	656	placed on inactive status may not teach or attempt to teach
657	657	cosmetology at a private beauty culture school or in a vocational
658	658	cosmetology program in a public school.
659	659	(f) The holder of a license to operate a vocational
660	660	cosmetology program in a public school, or a beauty shop, beauty
661	661	culture school, [specialty shop,] or other place of business in
662	662	which cosmetology is taught or practiced under this chapter, may
663	663	not employ a person to perform the practice of cosmetology or to
664	664	teach as an instructor if the person's [certificate or] license has
665	665	been placed on inactive status.
666	666	(g) A person whose [certificate or] license is on inactive
667	667	status under this section may return the person's [certificate or]
668	668	license to active status by:
669	669	(1) applying to the commission for reinstatement of
670	670	the [certificate or] license on the form prescribed by the
671	671	commission;
672	672	(2) submitting written documentation that the person
673	673	has completed applicable continuing education requirements under
674	674	this chapter within the preceding two years; and
675	675	(3) paying the required [certificate or] license fee.
676	676	(h) A license holder may not employ a person on inactive
677	677	status.
678	678	(i) The commission may set fees and adopt rules to implement
679	679	this section.
680	680	SECTION 57. Section 1602.354(a), Occupations Code, is
681	681	amended to read as follows:
682	682	(a) The commission will by rule recognize, prepare, or
683	683	administer continuing education programs for the practice of
684	684	cosmetology. Participation in the programs is mandatory for all
685	685	license renewals [other than renewal of a shampoo specialty
686	686	certificate].
687	687	SECTION 58. Section 1602.401, Occupations Code, is amended
688	688	to read as follows:
689	689	Sec. 1602.401. DISPLAY OF [CERTIFICATE OR] LICENSE. A
690	690	person holding a license [or certificate] issued under this chapter
691	691	shall display the license [or certificate] in the person's place of
692	692	business or employment.
693	693	SECTION 59. Section 1602.402, Occupations Code, is amended
694	694	to read as follows:
695	695	Sec. 1602.402. LICENSE [OR CERTIFICATE] NOT TRANSFERABLE.
696	696	A license [or certificate] issued under this chapter is not
697	697	transferable.
698	698	SECTION 60. Section 1602.403, Occupations Code, is amended
699	699	to read as follows:
700	700	Sec. 1602.403. EMPLOYMENT OF LICENSE [OR CERTIFICATE]
701	701	HOLDER. (a) A private beauty culture school may not employ:
702	702	(1) a person holding an operator license [, manicurist
703	703	specialty license, or specialty certificate] solely to perform [the
704	704	practices of] cosmetology [for which the person is licensed or
705	705	certified]; or
706	706	(2) a person holding an instructor license to perform
707	707	any act or practice of cosmetology.
708	708	(b) [(c)] A person holding a beauty shop license [or
709	709	specialty shop license] may not employ:
710	710	(1) a person as an operator [or specialist] or lease to
711	711	a person who acts as an operator [or specialist] unless the person
712	712	holds a license or certificate under this chapter or under Chapter
713	713	1601; or
714	714	(2) a person to shampoo or condition a person's hair
715	715	unless the person holds a [shampoo apprentice permit or] student
716	716	permit.
717	717	SECTION 61. Section 1602.404, Occupations Code, is amended
718	718	to read as follows:
719	719	Sec. 1602.404. OPERATING CERTAIN SHOPS OR SCHOOLS ON SINGLE
720	720	PREMISES. A person may not operate a beauty shop [, specialty
721	721	shop,] or private beauty culture school on the same premises as
722	722	another one of those facilities unless the facilities are separated
723	723	by walls of permanent construction without an opening between the
724	724	facilities.
725	725	SECTION 62. Section 1602.406, Occupations Code, is amended
726	726	to read as follows:
727	727	Sec. 1602.406. INFECTIOUS AND CONTAGIOUS DISEASES. (a) A
728	728	person holding an operator license or [,] instructor license [, or
729	729	specialty certificate] may not perform any practice of cosmetology
730	730	if the person knows the person is suffering from an infectious or
731	731	contagious disease for which the person is not entitled to
732	732	protection under the federal Americans with Disabilities Act of
733	733	1990 (42 U.S.C. Section 12101 et seq.).
734	734	(b) A person holding a beauty shop license, [specialty shop
735	735	license,] private beauty culture school license, or license to
736	736	operate a vocational cosmetology program in a public school may not
737	737	employ a person to perform any practice of cosmetology if the
738	738	license holder knows that the person is suffering from an
739	739	infectious or contagious disease for which the person is not
740	740	entitled to protection under the Americans with Disabilities Act of
741	741	1990.
742	742	SECTION 63. Section 1602.407(b), Occupations Code, is
743	743	amended to read as follows:
744	744	(b) A person holding a license [, certificate,] or permit
745	745	under this chapter may perform a service within the scope of the
746	746	license [, certificate,] or permit at a location other than a
747	747	licensed facility for a client who, because of illness or physical
748	748	or mental incapacitation, is unable to receive the services at a
749	749	licensed facility.
750	750	SECTION 64. Section 1602.451(a), Occupations Code, is
751	751	amended to read as follows:
752	752	(a) The holder of a private beauty culture school license
753	753	shall:
754	754	(1) maintain a sanitary establishment;
755	755	(2) maintain on duty one licensed instructor for each
756	756	25 students in attendance;
757	757	(3) maintain a daily record of students' attendance;
758	758	(4) establish regular class and instruction hours and
759	759	grades;
760	760	(5) require a school term of not less than nine months
761	761	and not less than 1,500 hours instruction for a complete course in
762	762	cosmetology;
763	763	(6) [require a school term of not less than 600 hours
764	764	instruction for a complete course in manicuring;
765	765	[(7)] hold examinations before issuing diplomas;
766	766	(7) [(8)] maintain a copy of the school's curriculum
767	767	in a conspicuous place and verify that the curriculum is being
768	768	followed;
769	769	(8) [(9)] publish in the school's catalogue and
770	770	enrollment contract a description of the refund policy required
771	771	under Section 1602.458; and
772	772	(9) [(10)] provide the department with information
773	773	on:
774	774	(A) the current course completion rates of
775	775	students who attend a course of instruction offered by the school;
776	776	and
777	777	(B) job placement rates and employment rates of
778	778	students who complete the course of instruction.
779	779	SECTION 65. Section 1602.456(c), Occupations Code, is
780	780	amended to read as follows:
781	781	(c) If a private beauty culture school or public school
782	782	violates this section, the license of the [private beauty culture
783	783	school or the certificate of the public] school may be revoked or
784	784	suspended.
785	785	SECTION 66. Section 1702.021(a), Occupations Code, is
786	786	amended to read as follows:
787	787	(a) The Texas Private Security Board consists of seven
788	788	members appointed by the governor with the advice and consent of the
789	789	senate as follows:
790	790	(1) four [three] public members, each of whom is a
791	791	citizen of the United States;
792	792	(2) one member who is licensed under this chapter as a
793	793	private investigator;
794	794	(3) one member who is licensed under this chapter as an
795	795	alarm systems company; and
796	796	(4) one member who is licensed under this chapter as
797	797	the owner or operator of a guard company [; and
798	798	[(5) one member who is licensed under this chapter as a
799	799	locksmith].
800	800	SECTION 67. Section 1702.102(a), Occupations Code, is
801	801	amended to read as follows:
802	802	(a) Unless the person holds a license as a security services
803	803	contractor, a person may not:
804	804	(1) act as an alarm systems company, armored car
805	805	company, courier company, guard company, guard dog company,
806	806	[locksmith company,] or private security consultant company;
807	807	(2) offer to perform the services of a company in
808	808	Subdivision (1); or
809	809	(3) engage in business activity for which a license is
810	810	required under this chapter.
811	811	SECTION 68. Section 1702.221(b), Occupations Code, is
812	812	amended to read as follows:
813	813	(b) An individual must obtain the appropriate endorsement
814	814	in accordance with the requirements of this chapter and related
815	815	administrative rules if the individual:
816	816	(1) is employed as:
817	817	(A) an alarm instructor;
818	818	(B) an alarm systems installer;
819	819	(C) an alarm systems monitor;
820	820	(D) an electronic access control device
821	821	installer;
822	822	(E) a level 3 classroom or firearm instructor;
823	823	(F) [a locksmith;
824	824	[(G) a dog trainer;
825	825	[(H)] a manager or branch office manager;
826	826	(G) [(I)] a noncommissioned security officer;
827	827	(H) [(J)] a level 4 personal protection
828	828	instructor;
829	829	(I) [(K)] a private investigator;
830	830	(J) [(L)] a private security consultant;
831	831	(K) [(M)] a security salesperson; or
832	832	(L) [(N)] an individual whose duties include
833	833	performing another activity for which an endorsement is required
834	834	under Subsection (e); or
835	835	(2) is an owner who oversees the security-related
836	836	aspects of the business, officer, partner, or shareholder of a
837	837	license holder.
838	838	SECTION 69. Section 1702.283, Occupations Code, is amended
839	839	to read as follows:
840	840	Sec. 1702.283. CRUELTY TO ANIMALS. A person who has been
841	841	convicted of cruelty to animals under Section 42.09 or 42.092,
842	842	Penal Code:
843	843	(1) is ineligible for a license as a guard dog company
844	844	[or for endorsement as a dog trainer]; and
845	845	(2) may not be employed to work with dogs as a security
846	846	officer by a security services contractor or security department of
847	847	a private business that uses dogs to protect individuals or
848	848	property or to conduct investigations.
849	849	SECTION 70. Section 1702.301(d), Occupations Code, is
850	850	amended to read as follows:
851	851	(d) Endorsement as a private investigator, manager, branch
852	852	office manager, alarm systems installer, security consultant,
853	853	security salesperson, or alarm systems monitor [, or dog trainer]
854	854	expires on the second anniversary of the date of endorsement.
855	855	SECTION 71. Section 1702.324(b), Occupations Code, is
856	856	amended to read as follows:
857	857	(b) This chapter does not apply to:
858	858	(1) a manufacturer or a manufacturer's authorized
859	859	distributor while selling equipment intended for resale;
860	860	(2) a person engaged exclusively in the business of
861	861	obtaining and providing information to:
862	862	(A) determine creditworthiness;
863	863	(B) collect debts; or
864	864	(C) ascertain the reliability of information
865	865	provided by an applicant for property, life, or disability
866	866	insurance or an indemnity or surety bond;
867	867	(3) a person engaged exclusively in the business of
868	868	repossessing property that is secured by a mortgage or other
869	869	security interest;
870	870	(4) a person who is engaged in the business of
871	871	psychological testing or other testing and interviewing services,
872	872	including services to determine attitudes, honesty, intelligence,
873	873	personality, and skills, for preemployment purposes;
874	874	(5) a person who:
875	875	(A) is engaged in obtaining information that is a
876	876	public record under Chapter 552, Government Code, regardless of
877	877	whether the person receives compensation;
878	878	(B) is not a full-time employee, as defined by
879	879	Section 61.001, Labor Code, of a person licensed under this
880	880	chapter; and
881	881	(C) does not perform any other act that requires
882	882	a license under this chapter;
883	883	(6) a licensed engineer practicing engineering or
884	884	directly supervising engineering practice under Chapter 1001,
885	885	including forensic analysis, burglar alarm system engineering, and
886	886	necessary data collection;
887	887	(7) an employee of a cattle association who inspects
888	888	livestock brands under the authority granted to the cattle
889	889	association by the Grain Inspection, Packers and Stockyards
890	890	Administration of the United States Department of Agriculture;
891	891	(8) a landman performing activities in the course and
892	892	scope of the landman's business;
893	893	(9) an attorney while engaged in the practice of law;
894	894	(10) a person who obtains a document for use in
895	895	litigation under an authorization or subpoena issued for a written
896	896	or oral deposition;
897	897	(11) an admitted insurer, insurance adjuster, agent,
898	898	or insurance broker licensed by the state, performing duties in
899	899	connection with insurance transacted by that person;
900	900	(12) a person who on the person's own property or on
901	901	property owned or managed by the person's employer:
902	902	(A) installs, changes, or repairs a mechanical
903	903	security device;
904	904	(B) repairs an electronic security device; or
905	905	(C) cuts or makes a key for a security device;
906	906	(13) security personnel, including security contract
907	907	personnel, working at a commercial nuclear power plant licensed by
908	908	the United States Nuclear Regulatory Commission;
909	909	(14) a person or firm licensed as an accountant or
910	910	accounting firm under Chapter 901, an owner of an accounting firm,
911	911	or an employee of an accountant or accounting firm while performing
912	912	services regulated under Chapter 901;
913	913	(15) a retailer, wholesaler, or other person who sells
914	914	mechanical security devices, including locks and deadbolts, but who
915	915	does not [:
916	916	[(A)] service mechanical security devices for
917	917	the public outside of the person's premises; [or
918	918	[(B) claim to act as a locksmith;]
919	919	(16) an employee while performing investigative
920	920	services that would otherwise be subject to this chapter for an
921	921	entity regulated by the:
922	922	(A) Texas Department of Insurance;
923	923	(B) Office of Thrift Supervision;
924	924	(C) Securities and Exchange Commission;
925	925	(D) Federal Deposit Insurance Corporation; or
926	926	(E) Financial Industry Regulatory Authority;
927	927	(17) a social worker who holds a license issued under
928	928	Chapter 505 who is engaged in the practice of social work;
929	929	(18) persons licensed under Chapter 1101, an
930	930	association thereof, their authorized agents, or a multiple listing
931	931	service, engaged in the business of selling, maintaining,
932	932	repairing, programming, or placing lockboxes used for accessing
933	933	real property; or
934	934	(19) an automobile club that holds a certificate of
935	935	authority under Chapter 722, Transportation Code, its
936	936	subcontractor, or a business that provides similar services, that
937	937	unlocks a vehicle at the request of the owner or operator of the
938	938	vehicle [and that does not otherwise perform a locksmith service].
939	939	SECTION 72. Section 2302.001(6), Occupations Code, is
940	940	amended to read as follows:
941	941	(6) "Salvage vehicle agent" means a person who
942	942	acquires, sells, or otherwise deals in nonrepairable or salvage
943	943	motor vehicles in this state as directed by a [the] salvage vehicle
944	944	dealer [under whose license the person operates]. [The term does
945	945	not include a person who:
946	946	[(A) is a licensed salvage vehicle dealer or a
947	947	licensed used automotive parts recycler;
948	948	[(B) is a partner, owner, or officer of a
949	949	business entity that holds a salvage vehicle dealer license or a
950	950	used automotive parts recycler license;
951	951	[(C) is an employee of a licensed salvage vehicle
952	952	dealer or a licensed used automotive parts recycler; or
953	953	[(D) only transports salvage motor vehicles for a
954	954	licensed salvage vehicle dealer or a licensed used automotive parts
955	955	recycler].
956	956	SECTION 73. Section 2302.0015(a), Occupations Code, is
957	957	amended to read as follows:
958	958	(a) A person consents to an entry or inspection described by
959	959	Subsection (b) by [:
960	960	[(1) accepting a license under this chapter; or
961	961	[(2)] engaging in a business or activity regulated
962	962	under this chapter.
963	963	SECTION 74. Section 2302.053(a), Occupations Code, is
964	964	amended to read as follows:
965	965	(a) The board may not adopt a rule under Section 2302.051
966	966	restricting advertising or competitive bidding by a person engaging
967	967	in a business or activity regulated under this chapter [who holds a
968	968	license issued under this chapter] except to prohibit false,
969	969	misleading, or deceptive practices by the person.
970	970	SECTION 75. Section 2302.351(b), Occupations Code, is
971	971	amended to read as follows:
972	972	(b) If a salvage vehicle dealer, an employee of the dealer
973	973	acting in the course of employment, or a salvage vehicle agent of
974	974	[operating under] the dealer [dealer's license] is convicted of
975	975	more than one offense under Section 2302.353(a), the district
976	976	attorney for a county in which the dealer's salvage business is
977	977	located may bring an action in that county to enjoin the dealer's
978	978	business operations for a period of at least one year.
979	979	SECTION 76. Section 2308.151, Occupations Code, is amended
980	980	to read as follows:
981	981	Sec. 2308.151. LICENSE REQUIRED. Unless the person holds
982	982	an appropriate license under this subchapter, a person may not:
983	983	(1) perform towing operations;
984	984	(2) operate a towing company; or
985	985	(3) [perform booting operations; or
986	986	[(4)] operate a booting company.
987	987	SECTION 77. The following laws are repealed:
988	988	(1) Section 469.002(7), Government Code;
989	989	(2) Sections 1051.001(3) and (4), Occupations Code;
990	990	(3) Section 1051.604, Occupations Code;
991	991	(4) Chapter 1053, Occupations Code;
992	992	(5) Section 1601.001(7), Occupations Code;
993	993	(6) Section 1601.254(c), Occupations Code;
994	994	(7) Section 1601.257, Occupations Code;
995	995	(8) Section 1601.258, Occupations Code;
996	996	(9) Section 1601.259, Occupations Code;
997	997	(10) Section 1601.261, Occupations Code;
998	998	(11) Section 1601.262, Occupations Code;
999	999	(12) Section 1601.263, Occupations Code;
1000	1000	(13) Section 1601.304, Occupations Code;
1001	1001	(14) Section 1601.305, Occupations Code;
1002	1002	(15) Section 1601.309, Occupations Code;
1003	1003	(16) Section 1601.406(c), Occupations Code;
1004	1004	(17) Section 1602.255(c), Occupations Code;
1005	1005	(18) Section 1602.256, Occupations Code;
1006	1006	(19) Section 1602.257, Occupations Code;
1007	1007	(20) Section 1602.2571, Occupations Code;
1008	1008	(21) Section 1602.2572, Occupations Code;
1009	1009	(22) Section 1602.258, Occupations Code;
1010	1010	(23) Section 1602.259, Occupations Code;
1011	1011	(24) Section 1602.260, Occupations Code;
1012	1012	(25) Section 1602.261, Occupations Code;
1013	1013	(26) Section 1602.262(b), Occupations Code;
1014	1014	(27) Section 1602.267, Occupations Code;
1015	1015	(28) Section 1602.305, Occupations Code;
1016	1016	(29) Section 1602.353, Occupations Code, as added by
1017	1017	Chapter 798 (S.B. 411), Acts of the 79th Legislature, Regular
1018	1018	Session, 2005;
1019	1019	(30) Section 1603.352, Occupations Code;
1020	1020	(31) Section 1702.1056, Occupations Code;
1021	1021	(32) Section 1702.2227, Occupations Code;
1022	1022	(33) Section 1702.225, Occupations Code
1023	1023	(34) Section 1702.2865, Occupations Code;
1024	1024	(35) Chapter 1802, Occupations Code;
1025	1025	(36) Section 2302.052, Occupations Code;
1026	1026	(37) Subchapter C, Chapter 2302, Occupations Code;
1027	1027	(38) Subchapter D, Chapter 2302, Occupations Code;
1028	1028	(39) Section 2302.203, Occupations Code;
1029	1029	(40) Section 2302.354, Occupations Code;
1030	1030	(41) Section 2303.1016(a), Occupations Code;
1031	1031	(42) Section 2308.1521, Occupations Code;
1032	1032	(43) Section 2308.153, Occupations Code;
1033	1033	(44) Section 2308.154, Occupations Code;
1034	1034	(45) Section 2308.155, Occupations Code;
1035	1035	(46) Section 2308.1551(b), Occupations Code;
1036	1036	(47) Section 2308.1555, Occupations Code; and
1037	1037	(48) Section 2308.157(c), Occupations Code.
1038	1038	SECTION 78. (a) The changes in law made by this Act do not
1039	1039	affect the validity of a proceeding pending before a court or other
1040	1040	governmental entity on the effective date of this Act.
1041	1041	(b) An offense or other violation of law committed before
1042	1042	the effective date of this Act is governed by the law in effect when
1043	1043	the offense or violation was committed, and the former law is
1044	1044	continued in effect for that purpose. For purposes of this
1045	1045	subsection, an offense or violation was committed before the
1046	1046	effective date of this Act if any element of the offense or
1047	1047	violation occurred before that date.
1048	1048	(c) On the effective date of this Act:
1049	1049	(1) the term of the interior designer member of the
1050	1050	Texas Board of Architectural Examiners expires;
1051	1051	(2) the governor shall designate one public member of
1052	1052	the Texas Board of Architectural Examiners whose term shall expire;
1053	1053	(3) the term of the locksmith member of the Texas
1054	1054	Private Security Board expires; and
1055	1055	(4) a license, certificate, registration,
1056	1056	endorsement, or other authorization issued under a law that is
1057	1057	repealed by this Act expires.
1058	1058	SECTION 79. Not later than December 1, 2015, the governor
1059	1059	shall appoint one member to the Texas Private Security Board so as
1060	1060	to comply with the membership requirements of Section 1702.021(a),
1061	1061	Occupations Code, as amended by this Act.
1062	1062	SECTION 80. This Act takes effect September 1, 2015.