Texas 2015 - 84th Regular

Texas Senate Bill SB1608 Compare Versions

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

Old	New	Differences
1	1	84R9018 MAW-D
2	2	By: Huffines S.B. No. 1608
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. Sections 106.115(a) and (b-1), Alcoholic
11	11	Beverage Code, are amended to read as follows:
12	12	(a) On the placement of a minor on deferred disposition for
13	13	an offense under Section 49.02, Penal Code, or under Section
14	14	106.02, 106.025, 106.04, 106.041, 106.05, or 106.07, the court
15	15	shall require the defendant to attend an alcohol awareness program
16	16	[approved by the Department of State Health Services under this
17	17	section] or a drug and alcohol driving awareness program approved
18	18	by the Texas Education Agency. On conviction of a minor of an
19	19	offense under one or more of those sections, the court, in addition
20	20	to assessing a fine as provided by those sections, shall require a
21	21	defendant who has not been previously convicted of an offense under
22	22	one of those sections to attend an alcohol awareness program or a
23	23	drug and alcohol driving awareness program described by this
24	24	subsection. If the defendant has been previously convicted once or
25	25	more of an offense under one or more of those sections, the court
26	26	may require the defendant to attend an alcohol awareness program or
27	27	a drug and alcohol driving awareness program described by this
28	28	subsection. If the defendant is younger than 18 years of age, the
29	29	court may require the parent or guardian of the defendant to attend
30	30	the program with the defendant. [The Department of State Health
31	31	Services:
32	32	[(1) is responsible for the administration of the
33	33	certification of approved alcohol awareness programs;
34	34	[(2) may charge a nonrefundable application fee for:
35	35	[(A) initial certification of the approval; or
36	36	[(B) renewal of the certification;
37	37	[(3) shall adopt rules regarding alcohol awareness
38	38	programs approved under this section; and
39	39	[(4) shall monitor, coordinate, and provide training
40	40	to a person who provides an alcohol awareness program.]
41	41	(b-1) If the defendant resides in a county with a population
42	42	of 75,000 or less and access to an alcohol awareness program is not
43	43	readily available in the county, the court may allow the defendant
44	44	to take an online alcohol awareness program [if the Department of
45	45	State Health Services approves online courses] or require the
46	46	defendant to perform not less than eight hours of community service
47	47	related to alcohol abuse prevention or treatment and approved by
48	48	the Department of State Health Services under Subsection (b-3)
49	49	instead of attending the alcohol awareness program. Community
50	50	service ordered under this subsection is in addition to community
51	51	service ordered under Section 106.071(d).
52	52	SECTION 2. Sections 13(h) and (j), Article 42.12, Code of
53	53	Criminal Procedure, are amended to read as follows:
54	54	(h) If a person convicted of an offense under Sections
55	55	49.04-49.08, Penal Code, is placed on community supervision, the
56	56	judge shall require, as a condition of the community supervision,
57	57	that the defendant attend and successfully complete before the
58	58	181st day after the day community supervision is granted an
59	59	educational program [jointly approved by the Texas Commission on
60	60	Alcohol and Drug Abuse, the Department of Public Safety, the
61	61	Traffic Safety Section of the Texas Department of Transportation,
62	62	and the community justice assistance division of the Texas
63	63	Department of Criminal Justice] designed to rehabilitate persons
64	64	who have driven while intoxicated. [The Texas Commission on
65	65	Alcohol and Drug Abuse shall publish the jointly approved rules and
66	66	shall monitor, coordinate, and provide training to persons
67	67	providing the educational programs. The Texas Commission on
68	68	Alcohol and Drug Abuse is responsible for the administration of the
69	69	certification of approved educational programs and may charge a
70	70	nonrefundable application fee for the initial certification of
71	71	approval and for renewal of a certificate.] The judge may waive the
72	72	educational program requirement or may grant an extension of time
73	73	to successfully complete the program that expires not later than
74	74	one year after the beginning date of the person's community
75	75	supervision, however, if the defendant by a motion in writing shows
76	76	good cause. In determining good cause, the judge may consider but
77	77	is not limited to: the defendant's school and work schedule, the
78	78	defendant's health, the distance that the defendant must travel to
79	79	attend an educational program, and the fact that the defendant
80	80	resides out of state, has no valid driver's license, or does not
81	81	have access to transportation. The judge shall set out the finding
82	82	of good cause for waiver in the judgment. If a defendant is
83	83	required, as a condition of community supervision, to attend an
84	84	educational program or if the court waives the educational program
85	85	requirement, the court clerk shall immediately report that fact to
86	86	the Department of Public Safety, on a form prescribed by the
87	87	department, for inclusion in the person's driving record. If the
88	88	court grants an extension of time in which the person may complete
89	89	the program, the court clerk shall immediately report that fact to
90	90	the Department of Public Safety on a form prescribed by the
91	91	department. The report must include the beginning date of the
92	92	person's community supervision. Upon the person's successful
93	93	completion of the educational program, the person's instructor
94	94	shall give notice to the Department of Public Safety for inclusion
95	95	in the person's driving record and to the community supervision and
96	96	corrections department. The community supervision and corrections
97	97	department shall then forward the notice to the court clerk for
98	98	filing. If the Department of Public Safety does not receive notice
99	99	that a defendant required to complete an educational program has
100	100	successfully completed the program within the period required by
101	101	this section, as shown on department records, the department shall
102	102	revoke the defendant's driver's license, permit, or privilege or
103	103	prohibit the person from obtaining a license or permit, as provided
104	104	by Sections 521.344(e) and (f), Transportation Code. The
105	105	Department of Public Safety may not reinstate a license suspended
106	106	under this subsection unless the person whose license was suspended
107	107	makes application to the department for reinstatement of the
108	108	person's license and pays to the department a reinstatement fee of
109	109	$100. The Department of Public Safety shall remit all fees
110	110	collected under this subsection to the comptroller for deposit in
111	111	the general revenue fund. This subsection does not apply to a
112	112	defendant if a jury recommends community supervision for the
113	113	defendant and also recommends that the defendant's driver's license
114	114	not be suspended.
115	115	(j) The judge shall require a defendant who is punished
116	116	under Section 49.09, Penal Code, as a condition of community
117	117	supervision, to attend and successfully complete an educational
118	118	program for repeat offenders [approved by the Texas Commission on
119	119	Alcohol and Drug Abuse. The Texas Commission on Alcohol and Drug
120	120	Abuse shall adopt rules and shall monitor, coordinate, and provide
121	121	training to persons providing the educational programs. The Texas
122	122	Commission on Alcohol and Drug Abuse is responsible for the
123	123	administration of the certification of approved educational
124	124	programs and may charge a nonrefundable application fee for initial
125	125	certification of approval or for renewal of the certification].
126	126	The judge may waive the educational program requirement only if the
127	127	defendant by a motion in writing shows good cause. In determining
128	128	good cause, the judge may consider the defendant's school and work
129	129	schedule, the defendant's health, the distance that the defendant
130	130	must travel to attend an educational program, and whether the
131	131	defendant resides out of state or does not have access to
132	132	transportation. The judge shall set out the finding of good cause
133	133	in the judgment. If a defendant is required, as a condition of
134	134	community supervision, to attend an educational program, the court
135	135	clerk shall immediately report that fact to the Department of
136	136	Public Safety, on a form prescribed by the department, for
137	137	inclusion in the defendant's driving record. The report must
138	138	include the beginning date of the defendant's community
139	139	supervision. On the defendant's successful completion of the
140	140	educational program for repeat offenders, the defendant's
141	141	instructor shall give notice to the Department of Public Safety for
142	142	inclusion in the defendant's driving record and to the community
143	143	supervision and corrections department. The community supervision
144	144	and corrections department shall then forward the notice to the
145	145	court clerk for filing. If the Department of Public Safety does not
146	146	receive notice that a defendant required to complete an educational
147	147	program has successfully completed the program for repeat offenders
148	148	within the period required by the judge, as shown on department
149	149	records, the department shall revoke the defendant's driver's
150	150	license, permit, or privilege or prohibit the defendant from
151	151	obtaining a license or permit, as provided by Sections 521.344(e)
152	152	and (f), Transportation Code.
153	153	SECTION 3. Section 437.0123(a), Health and Safety Code, is
154	154	amended to read as follows:
155	155	(a) A county that has a population of at least 2.8 million or
156	156	a public health district at least part of which is in a county that
157	157	has a population of at least 2.8 million may require the payment of
158	158	a fee for issuing or renewing a permit or for performing an
159	159	inspection to enforce this chapter or a rule adopted under this
160	160	chapter. [A county with a population of at least 2.8 million may
161	161	require a trained food manager to be on duty during each day of
162	162	operation of a food service establishment. The training required
163	163	of food managers can be no more extensive than that specified under
164	164	Subchapter D, Chapter 438. A food service establishment that
165	165	handles only prepackaged food and does not prepare or package food
166	166	may not be required to have a certified food manager under this
167	167	section.]
168	168	SECTION 4. Section 437.019(a), Health and Safety Code, is
169	169	amended to read as follows:
170	170	(a) Except as provided by Subsection (c), a bed and
171	171	breakfast establishment with seven or fewer rooms for rent that
172	172	serves only breakfast to its overnight guests is not a food service
173	173	establishment for purposes of this chapter. [An owner or manager of
174	174	a bed and breakfast establishment covered by this subsection shall
175	175	successfully complete a food manager's certification course
176	176	accredited by the department.]
177	177	SECTION 5. Section 1001.071, Health and Safety Code, is
178	178	amended to read as follows:
179	179	Sec. 1001.071. GENERAL POWERS AND DUTIES OF DEPARTMENT
180	180	RELATED TO HEALTH CARE. The department is responsible for
181	181	administering human services programs regarding the public health,
182	182	including:
183	183	(1) implementing the state's public health care
184	184	delivery programs under the authority of the department;
185	185	(2) administering state health facilities, hospitals,
186	186	and health care systems;
187	187	(3) developing and providing health care services, as
188	188	directed by law;
189	189	(4) providing for the prevention and control of
190	190	communicable diseases;
191	191	(5) providing public education on health-related
192	192	matters, as directed by law;
193	193	(6) compiling and reporting health-related
194	194	information, as directed by law;
195	195	(7) acting as the lead agency for implementation of
196	196	state policies regarding the human immunodeficiency virus and
197	197	acquired immunodeficiency syndrome and administering programs
198	198	related to the human immunodeficiency virus and acquired
199	199	immunodeficiency syndrome;
200	200	(8) investigating the causes of injuries and methods
201	201	of prevention;
202	202	(9) administering a grant program to provide
203	203	appropriated money to counties, municipalities, public health
204	204	districts, and other political subdivisions for their use to
205	205	provide or pay for essential public health services;
206	206	(10) administering the registration of vital
207	207	statistics;
208	208	(11) licensing, inspecting, and enforcing regulations
209	209	regarding health facilities, other than long-term care facilities
210	210	regulated by the Department of Aging and Disability Services;
211	211	(12) implementing established standards and
212	212	procedures for the management and control of sanitation and for
213	213	health protection measures;
214	214	(13) enforcing regulations regarding radioactive
215	215	materials;
216	216	(14) enforcing regulations regarding food, [bottled
217	217	and vended drinking water,] drugs, cosmetics, and health devices;
218	218	(15) enforcing regulations regarding food service
219	219	establishments, retail food stores, mobile food units, and roadside
220	220	food vendors;
221	221	(16) enforcing regulations controlling hazardous
222	222	substances in households and workplaces; and
223	223	(17) implementing a mental health program for
224	224	veterans.
225	225	SECTION 6. Section 32.074(a), Human Resources Code, is
226	226	amended to read as follows:
227	227	(a) In this section, "personal emergency response system"
228	228	has the meaning assigned by Section 1702.331, Occupations [781.001,
229	229	Health and Safety] Code.
230	230	SECTION 7. Section 843.002(24), Insurance Code, is amended
231	231	to read as follows:
232	232	(24) "Provider" means:
233	233	(A) a person, other than a physician, who is
234	234	licensed or otherwise authorized to provide a health care service
235	235	in this state, including:
236	236	(i) a chiropractor, registered nurse,
237	237	pharmacist, optometrist, [registered optician,] or acupuncturist;
238	238	or
239	239	(ii) a pharmacy, hospital, or other
240	240	institution or organization;
241	241	(B) a person who is wholly owned or controlled by
242	242	a provider or by a group of providers who are licensed or otherwise
243	243	authorized to provide the same health care service; or
244	244	(C) a person who is wholly owned or controlled by
245	245	one or more hospitals and physicians, including a
246	246	physician-hospital organization.
247	247	SECTION 8. Sections 351.005(a) and (d), Occupations Code,
248	248	are amended to read as follows:
249	249	(a) This chapter does not:
250	250	(1) apply to an officer or agent of the United States
251	251	or this state in performing official duties;
252	252	(2) prevent or interfere with the right of a physician
253	253	licensed by the Texas [State Board of] Medical Board [Examiners]
254	254	to:
255	255	(A) treat or prescribe for a patient; or
256	256	(B) direct or instruct a person under the
257	257	physician's control, supervision, or direction to aid or attend to
258	258	the needs of a patient according to the physician's specific
259	259	direction, instruction, or prescription;
260	260	(3) prevent a person from selling ready-to-wear
261	261	eyeglasses as merchandise at retail;
262	262	(4) prevent an unlicensed person from making simple
263	263	repairs to eyeglasses;
264	264	(5) [prevent or interfere with the right of a
265	265	dispensing optician registered under Chapter 352 to engage in
266	266	spectacle or contact lens dispensing under that chapter;
267	267	[(6)] prevent an ophthalmic dispenser who does not
268	268	practice optometry or therapeutic optometry from measuring
269	269	interpupillary distances or making facial measurements to dispense
270	270	or adapt an ophthalmic prescription, lens, product, or accessory in
271	271	accordance with the specific directions of a written prescription
272	272	signed by an optometrist, therapeutic optometrist, or licensed
273	273	physician;
274	274	(6) [(7)] prevent the administrator or executor of the
275	275	estate of a deceased optometrist or therapeutic optometrist from
276	276	employing an optometrist or therapeutic optometrist to continue the
277	277	practice of the deceased during estate administration; or
278	278	(7) [(8)] prevent an optometrist or therapeutic
279	279	optometrist from working for the administrator or executor of the
280	280	estate of a deceased optometrist or therapeutic optometrist to
281	281	continue the practice of the deceased during estate administration.
282	282	(d) Continuation of the practice of a deceased optometrist
283	283	or therapeutic optometrist by an estate under Subsections (a)(6)
284	284	and (7) [(a)(7) and (8)] must:
285	285	(1) be authorized by the county judge; and
286	286	(2) terminate before the first anniversary of the date
287	287	of death of the optometrist or therapeutic optometrist.
288	288	SECTION 9. The heading to Subtitle G, Title 3, Occupations
289	289	Code, is amended to read as follows:
290	290	SUBTITLE G. PROFESSIONS RELATED TO HEARING AND[,] SPEECH[, AND
291	291	DYSLEXIA]
292	292	SECTION 10. Section 521.374(a), Transportation Code, is
293	293	amended to read as follows:
294	294	(a) A person whose license is suspended under Section
295	295	521.372 may attend an educational program[, approved by the Texas
296	296	Commission on Alcohol and Drug Abuse under rules adopted by the
297	297	commission and the department, that is designed to educate persons
298	298	on the dangers of drug abuse].
299	299	SECTION 11. The following provisions of the Health and
300	300	Safety Code are repealed:
301	301	(1) Section 437.0057;
302	302	(2) Section 437.0075;
303	303	(3) Section 437.0076;
304	304	(4) Section 437.0195;
305	305	(5) Subchapter D, Chapter 438;
306	306	(6) Subchapter G, Chapter 438;
307	307	(7) Chapter 441; and
308	308	(8) Chapter 781.
309	309	SECTION 12. The following provisions of the Occupations
310	310	Code are repealed:
311	311	(1) Section 351.005(c);
312	312	(2) Chapter 352;
313	313	(3) Chapter 353;
314	314	(4) Chapter 403;
315	315	(5) Chapter 601;
316	316	(6) Chapter 602;
317	317	(7) Chapter 603;
318	318	(8) Chapter 604;
319	319	(9) Chapter 701;
320	320	(10) Chapter 1952; and
321	321	(11) Chapter 1958.
322	322	SECTION 13. The following provisions of the Transportation
323	323	Code are repealed:
324	324	(1) Section 521.375; and
325	325	(2) Section 521.376.
326	326	SECTION 14. On the effective date of this Act, a license,
327	327	permit, certification of registration, or other authorization
328	328	issued under a law that is repealed by this Act expires.
329	329	SECTION 15. The changes in law made by this Act do not
330	330	affect the validity of a disciplinary action or other proceeding
331	331	that was initiated before the effective date of this Act and that is
332	332	pending before a court or other governmental entity on the
333	333	effective date of this Act.
334	334	SECTION 16. An offense under or other violation of a law
335	335	that is repealed by this Act is governed by the law in effect when
336	336	the offense or violation was committed, and the former law is
337	337	continued in effect for that purpose. For purposes of this section,
338	338	an offense or violation was committed before the effective date of
339	339	this Act if any element of the offense or violation occurred before
340	340	that date.
341	341	SECTION 17. This Act takes effect September 1, 2015.