Texas 2015 - 84th Regular

Texas Senate Bill SB1185 Compare Versions

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1	1	By: Huffines S.B. No. 1185
2	2	(In the Senate - Filed March 10, 2015; March 17, 2015, read
3	3	first time and referred to Committee on Business and Commerce;
4	4	May 11, 2015, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 8, Nays 0; May 11, 2015,
6	6	sent to printer.)
7	7	Click here to see the committee vote
8	8	COMMITTEE SUBSTITUTE FOR S.B. No. 1185 By: Huffines
9	9
10	10
11	11	A BILL TO BE ENTITLED
12	12	AN ACT
13	13	relating to a biennial study regarding occupational licensing
14	14	requirements.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Subchapter A, Chapter 302, Labor Code, is
17	17	amended by adding Section 302.0191 to read as follows:
18	18	Sec. 302.0191. REPORT REGARDING OCCUPATIONAL LICENSING.
19	19	(a) In this section:
20	20	(1) "License" includes a certificate, registration,
21	21	permit, or other authorization that is issued by a licensing
22	22	authority.
23	23	(2) "Licensing authority" means a department,
24	24	commission, board, office, or other agency of the state that issues
25	25	a license.
26	26	(b) Subject to the availability of appropriated money, the
27	27	commission shall biennially study and report on the extent to which
28	28	a requirement that a person must obtain a license to engage in a
29	29	particular business, occupation, or profession serves as a barrier
30	30	to entry into the workforce. The report must discuss whether and to
31	31	what extent license requirements affect unemployment in this state.
32	32	(c) In preparing the report required by Subsection (b), the
33	33	commission shall:
34	34	(1) solicit input from interested parties, including
35	35	license holders and licensing authorities, and parties who favor
36	36	decreasing or repealing occupational licensing requirements; and
37	37	(2) for each license required by a licensing
38	38	authority:
39	39	(A) evaluate the costs associated with the
40	40	license requirement, with a focus on:
41	41	(i) unemployment;
42	42	(ii) competition within the occupation; and
43	43	(iii) associated increases in prices to
44	44	consumers of goods or services;
45	45	(B) conduct a risk analysis of the harm to
46	46	consumers in purchasing goods or services from practitioners in the
47	47	licensed occupation;
48	48	(C) consider the extent to which consumers are
49	49	adequately informed when making decisions related to the licensed
50	50	occupation;
51	51	(D) consider whether the occupation is capable of
52	52	regulating itself without governmental intervention;
53	53	(E) consider the availability and adequacy of
54	54	alternatives to licensing by the state, including nonexclusive
55	55	certifications or registrations provided by nongovernmental
56	56	entities;
57	57	(F) consider whether the license requirement
58	58	serves to protect existing practitioners;
59	59	(G) conduct a cost-benefit analysis to determine
60	60	if the social costs of the license requirement are justified by any
61	61	benefits to the public health, safety, or welfare; and
62	62	(H) consider the anticipated effect of repealing
63	63	the license requirement on:
64	64	(i) overall unemployment, including the
65	65	rate at which people seeking to enter the occupation or profession
66	66	are able to do so; and
67	67	(ii) workforce training costs incurred by
68	68	the state, community colleges, or career schools or colleges.
69	69	(d) The commission by rule shall establish a schedule for
70	70	the review of licenses under this section. The rules must require
71	71	that:
72	72	(1) the commission review each license required by a
73	73	licensing authority not more than once in a 10-year period; and
74	74	(2) the commission review approximately 10 percent of
75	75	the licenses during each biennium.
76	76	(e) On request of the commission, a licensing authority
77	77	shall provide information to the commission or otherwise assist the
78	78	commission in preparing the report. On request of the commission, a
79	79	licensing authority and the Sunset Advisory Commission shall
80	80	provide staff support to the commission for purposes of conducting
81	81	the study and preparing the report required by this section.
82	82	(f) Not later than November 15 of each even-numbered year,
83	83	the commission shall:
84	84	(1) provide a copy of the report to:
85	85	(A) the governor;
86	86	(B) the lieutenant governor;
87	87	(C) the speaker of the house of representatives;
88	88	and
89	89	(D) each standing committee of the senate and
90	90	house of representatives having primary jurisdiction over matters
91	91	relating to occupational licensing; and
92	92	(2) make the report available to the public on the
93	93	commission's Internet website.
94	94	(g) The commission may solicit, accept, and administer
95	95	gifts, grants, and donations of any kind from any public or private
96	96	source for the purposes of conducting the study and preparing the
97	97	report required by this section.
98	98	SECTION 2. This Act takes effect September 1, 2015.
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