84R9018 MAW-D
By: Huffines S.B. No. 1608
A BILL TO BE ENTITLED
AN ACT
relating to abolishing certain occupational licensing requirements
and associated regulations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 106.115(a) and (b-1), Alcoholic
Beverage Code, are amended to read as follows:
(a) On the placement of a minor on deferred disposition for
an offense under Section 49.02, Penal Code, or under Section
106.02, 106.025, 106.04, 106.041, 106.05, or 106.07, the court
shall require the defendant to attend an alcohol awareness program
[approved by the Department of State Health Services under this
section] or a drug and alcohol driving awareness program approved
by the Texas Education Agency. On conviction of a minor of an
offense under one or more of those sections, the court, in addition
to assessing a fine as provided by those sections, shall require a
defendant who has not been previously convicted of an offense under
one of those sections to attend an alcohol awareness program or a
drug and alcohol driving awareness program described by this
subsection. If the defendant has been previously convicted once or
more of an offense under one or more of those sections, the court
may require the defendant to attend an alcohol awareness program or
a drug and alcohol driving awareness program described by this
subsection. If the defendant is younger than 18 years of age, the
court may require the parent or guardian of the defendant to attend
the program with the defendant. [The Department of State Health
Services:
[(1) is responsible for the administration of the
certification of approved alcohol awareness programs;
[(2) may charge a nonrefundable application fee for:
[(A) initial certification of the approval; or
[(B) renewal of the certification;
[(3) shall adopt rules regarding alcohol awareness
programs approved under this section; and
[(4) shall monitor, coordinate, and provide training
to a person who provides an alcohol awareness program.]
(b-1) If the defendant resides in a county with a population
of 75,000 or less and access to an alcohol awareness program is not
readily available in the county, the court may allow the defendant
to take an online alcohol awareness program [if the Department of
State Health Services approves online courses] or require the
defendant to perform not less than eight hours of community service
related to alcohol abuse prevention or treatment and approved by
the Department of State Health Services under Subsection (b-3)
instead of attending the alcohol awareness program. Community
service ordered under this subsection is in addition to community
service ordered under Section 106.071(d).
SECTION 2. Sections 13(h) and (j), Article 42.12, Code of
Criminal Procedure, are amended to read as follows:
(h) If a person convicted of an offense under Sections
49.04-49.08, Penal Code, is placed on community supervision, the
judge shall require, as a condition of the community supervision,
that the defendant attend and successfully complete before the
181st day after the day community supervision is granted an
educational program [jointly approved by the Texas Commission on
Alcohol and Drug Abuse, the Department of Public Safety, the
Traffic Safety Section of the Texas Department of Transportation,
and the community justice assistance division of the Texas
Department of Criminal Justice] designed to rehabilitate persons
who have driven while intoxicated. [The Texas Commission on
Alcohol and Drug Abuse shall publish the jointly approved rules and
shall monitor, coordinate, and provide training to persons
providing the educational programs. The Texas Commission on
Alcohol and Drug Abuse is responsible for the administration of the
certification of approved educational programs and may charge a
nonrefundable application fee for the initial certification of
approval and for renewal of a certificate.] The judge may waive the
educational program requirement or may grant an extension of time
to successfully complete the program that expires not later than
one year after the beginning date of the person's community
supervision, however, if the defendant by a motion in writing shows
good cause. In determining good cause, the judge may consider but
is not limited to: the defendant's school and work schedule, the
defendant's health, the distance that the defendant must travel to
attend an educational program, and the fact that the defendant
resides out of state, has no valid driver's license, or does not
have access to transportation. The judge shall set out the finding
of good cause for waiver in the judgment. If a defendant is
required, as a condition of community supervision, to attend an
educational program or if the court waives the educational program
requirement, the court clerk shall immediately report that fact to
the Department of Public Safety, on a form prescribed by the
department, for inclusion in the person's driving record. If the
court grants an extension of time in which the person may complete
the program, the court clerk shall immediately report that fact to
the Department of Public Safety on a form prescribed by the
department. The report must include the beginning date of the
person's community supervision. Upon the person's successful
completion of the educational program, the person's instructor
shall give notice to the Department of Public Safety for inclusion
in the person's driving record and to the community supervision and
corrections department. The community supervision and corrections
department shall then forward the notice to the court clerk for
filing. If the Department of Public Safety does not receive notice
that a defendant required to complete an educational program has
successfully completed the program within the period required by
this section, as shown on department records, the department shall
revoke the defendant's driver's license, permit, or privilege or
prohibit the person from obtaining a license or permit, as provided
by Sections 521.344(e) and (f), Transportation Code. The
Department of Public Safety may not reinstate a license suspended
under this subsection unless the person whose license was suspended
makes application to the department for reinstatement of the
person's license and pays to the department a reinstatement fee of
$100. The Department of Public Safety shall remit all fees
collected under this subsection to the comptroller for deposit in
the general revenue fund. This subsection does not apply to a
defendant if a jury recommends community supervision for the
defendant and also recommends that the defendant's driver's license
not be suspended.
(j) The judge shall require a defendant who is punished
under Section 49.09, Penal Code, as a condition of community
supervision, to attend and successfully complete an educational
program for repeat offenders [approved by the Texas Commission on
Alcohol and Drug Abuse. The Texas Commission on Alcohol and Drug
Abuse shall adopt rules and shall monitor, coordinate, and provide
training to persons providing the educational programs. The Texas
Commission on Alcohol and Drug Abuse is responsible for the
administration of the certification of approved educational
programs and may charge a nonrefundable application fee for initial
certification of approval or for renewal of the certification].
The judge may waive the educational program requirement only if the
defendant by a motion in writing shows good cause. In determining
good cause, the judge may consider the defendant's school and work
schedule, the defendant's health, the distance that the defendant
must travel to attend an educational program, and whether the
defendant resides out of state or does not have access to
transportation. The judge shall set out the finding of good cause
in the judgment. If a defendant is required, as a condition of
community supervision, to attend an educational program, the court
clerk shall immediately report that fact to the Department of
Public Safety, on a form prescribed by the department, for
inclusion in the defendant's driving record. The report must
include the beginning date of the defendant's community
supervision. On the defendant's successful completion of the
educational program for repeat offenders, the defendant's
instructor shall give notice to the Department of Public Safety for
inclusion in the defendant's driving record and to the community
supervision and corrections department. The community supervision
and corrections department shall then forward the notice to the
court clerk for filing. If the Department of Public Safety does not
receive notice that a defendant required to complete an educational
program has successfully completed the program for repeat offenders
within the period required by the judge, as shown on department
records, the department shall revoke the defendant's driver's
license, permit, or privilege or prohibit the defendant from
obtaining a license or permit, as provided by Sections 521.344(e)
and (f), Transportation Code.
SECTION 3. Section 437.0123(a), Health and Safety Code, is
amended to read as follows:
(a) A county that has a population of at least 2.8 million or
a public health district at least part of which is in a county that
has a population of at least 2.8 million may require the payment of
a fee for issuing or renewing a permit or for performing an
inspection to enforce this chapter or a rule adopted under this
chapter. [A county with a population of at least 2.8 million may
require a trained food manager to be on duty during each day of
operation of a food service establishment. The training required
of food managers can be no more extensive than that specified under
Subchapter D, Chapter 438. A food service establishment that
handles only prepackaged food and does not prepare or package food
may not be required to have a certified food manager under this
section.]
SECTION 4. Section 437.019(a), Health and Safety Code, is
amended to read as follows:
(a) Except as provided by Subsection (c), a bed and
breakfast establishment with seven or fewer rooms for rent that
serves only breakfast to its overnight guests is not a food service
establishment for purposes of this chapter. [An owner or manager of
a bed and breakfast establishment covered by this subsection shall
successfully complete a food manager's certification course
accredited by the department.]
SECTION 5. Section 1001.071, Health and Safety Code, is
amended to read as follows:
Sec. 1001.071. GENERAL POWERS AND DUTIES OF DEPARTMENT
RELATED TO HEALTH CARE. The department is responsible for
administering human services programs regarding the public health,
including:
(1) implementing the state's public health care
delivery programs under the authority of the department;
(2) administering state health facilities, hospitals,
and health care systems;
(3) developing and providing health care services, as
directed by law;
(4) providing for the prevention and control of
communicable diseases;
(5) providing public education on health-related
matters, as directed by law;
(6) compiling and reporting health-related
information, as directed by law;
(7) acting as the lead agency for implementation of
state policies regarding the human immunodeficiency virus and
acquired immunodeficiency syndrome and administering programs
related to the human immunodeficiency virus and acquired
immunodeficiency syndrome;
(8) investigating the causes of injuries and methods
of prevention;
(9) administering a grant program to provide
appropriated money to counties, municipalities, public health
districts, and other political subdivisions for their use to
provide or pay for essential public health services;
(10) administering the registration of vital
statistics;
(11) licensing, inspecting, and enforcing regulations
regarding health facilities, other than long-term care facilities
regulated by the Department of Aging and Disability Services;
(12) implementing established standards and
procedures for the management and control of sanitation and for
health protection measures;
(13) enforcing regulations regarding radioactive
materials;
(14) enforcing regulations regarding food, [bottled
and vended drinking water,] drugs, cosmetics, and health devices;
(15) enforcing regulations regarding food service
establishments, retail food stores, mobile food units, and roadside
food vendors;
(16) enforcing regulations controlling hazardous
substances in households and workplaces; and
(17) implementing a mental health program for
veterans.
SECTION 6. Section 32.074(a), Human Resources Code, is
amended to read as follows:
(a) In this section, "personal emergency response system"
has the meaning assigned by Section 1702.331, Occupations [781.001,
Health and Safety] Code.
SECTION 7. Section 843.002(24), Insurance Code, is amended
to read as follows:
(24) "Provider" means:
(A) a person, other than a physician, who is
licensed or otherwise authorized to provide a health care service
in this state, including:
(i) a chiropractor, registered nurse,
pharmacist, optometrist, [registered optician,] or acupuncturist;
or
(ii) a pharmacy, hospital, or other
institution or organization;
(B) a person who is wholly owned or controlled by
a provider or by a group of providers who are licensed or otherwise
authorized to provide the same health care service; or
(C) a person who is wholly owned or controlled by
one or more hospitals and physicians, including a
physician-hospital organization.
SECTION 8. Sections 351.005(a) and (d), Occupations Code,
are amended to read as follows:
(a) This chapter does not:
(1) apply to an officer or agent of the United States
or this state in performing official duties;
(2) prevent or interfere with the right of a physician
licensed by the Texas [State Board of] Medical Board [Examiners]
to:
(A) treat or prescribe for a patient; or
(B) direct or instruct a person under the
physician's control, supervision, or direction to aid or attend to
the needs of a patient according to the physician's specific
direction, instruction, or prescription;
(3) prevent a person from selling ready-to-wear
eyeglasses as merchandise at retail;
(4) prevent an unlicensed person from making simple
repairs to eyeglasses;
(5) [prevent or interfere with the right of a
dispensing optician registered under Chapter 352 to engage in
spectacle or contact lens dispensing under that chapter;
[(6)] prevent an ophthalmic dispenser who does not
practice optometry or therapeutic optometry from measuring
interpupillary distances or making facial measurements to dispense
or adapt an ophthalmic prescription, lens, product, or accessory in
accordance with the specific directions of a written prescription
signed by an optometrist, therapeutic optometrist, or licensed
physician;
(6) [(7)] prevent the administrator or executor of the
estate of a deceased optometrist or therapeutic optometrist from
employing an optometrist or therapeutic optometrist to continue the
practice of the deceased during estate administration; or
(7) [(8)] prevent an optometrist or therapeutic
optometrist from working for the administrator or executor of the
estate of a deceased optometrist or therapeutic optometrist to
continue the practice of the deceased during estate administration.
(d) Continuation of the practice of a deceased optometrist
or therapeutic optometrist by an estate under Subsections (a)(6)
and (7) [(a)(7) and (8)] must:
(1) be authorized by the county judge; and
(2) terminate before the first anniversary of the date
of death of the optometrist or therapeutic optometrist.
SECTION 9. The heading to Subtitle G, Title 3, Occupations
Code, is amended to read as follows:
SUBTITLE G. PROFESSIONS RELATED TO HEARING AND[,] SPEECH[, AND
DYSLEXIA]
SECTION 10. Section 521.374(a), Transportation Code, is
amended to read as follows:
(a) A person whose license is suspended under Section
521.372 may attend an educational program[, approved by the Texas
Commission on Alcohol and Drug Abuse under rules adopted by the
commission and the department, that is designed to educate persons
on the dangers of drug abuse].
SECTION 11. The following provisions of the Health and
Safety Code are repealed:
(1) Section 437.0057;
(2) Section 437.0075;
(3) Section 437.0076;
(4) Section 437.0195;
(5) Subchapter D, Chapter 438;
(6) Subchapter G, Chapter 438;
(7) Chapter 441; and
(8) Chapter 781.
SECTION 12. The following provisions of the Occupations
Code are repealed:
(1) Section 351.005(c);
(2) Chapter 352;
(3) Chapter 353;
(4) Chapter 403;
(5) Chapter 601;
(6) Chapter 602;
(7) Chapter 603;
(8) Chapter 604;
(9) Chapter 701;
(10) Chapter 1952; and
(11) Chapter 1958.
SECTION 13. The following provisions of the Transportation
Code are repealed:
(1) Section 521.375; and
(2) Section 521.376.
SECTION 14. On the effective date of this Act, a license,
permit, certification of registration, or other authorization
issued under a law that is repealed by this Act expires.
SECTION 15. The changes in law made by this Act do not
affect the validity of a disciplinary action or other proceeding
that was initiated before the effective date of this Act and that is
pending before a court or other governmental entity on the
effective date of this Act.
SECTION 16. An offense under or other violation of a law
that is repealed by this Act is governed by the law in effect when
the offense or violation was committed, and the former law is
continued in effect for that purpose. For purposes of this section,
an offense or violation was committed before the effective date of
this Act if any element of the offense or violation occurred before
that date.
SECTION 17. This Act takes effect September 1, 2015.