| 1 | 1 | | By: Hernandez H.B. No. 1104 |
|---|
| 2 | 2 | | Substitute the following for H.B. No. 1104: |
|---|
| 3 | 3 | | By: Kuempel C.S.H.B. No. 1104 |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | A BILL TO BE ENTITLED |
|---|
| 7 | 7 | | AN ACT |
|---|
| 8 | 8 | | relating to sexual assault and domestic violence awareness |
|---|
| 9 | 9 | | continuing education for cosmetology license holders. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Section 1602.354, Occupations Code, is amended |
|---|
| 12 | 12 | | by adding Subsection (c) to read as follows: |
|---|
| 13 | 13 | | (c) The commission shall require the continuing education |
|---|
| 14 | 14 | | programs under Subsection (a) to include information, approved by |
|---|
| 15 | 15 | | or acceptable to the commission, on sexual assault and domestic |
|---|
| 16 | 16 | | violence awareness. A license holder subject to Subsection (a) who |
|---|
| 17 | 17 | | is also a peace officer licensed under Chapter 1701, or an educator |
|---|
| 18 | 18 | | certified under Subchapter B, Chapter 21, Education Code, is exempt |
|---|
| 19 | 19 | | from the portion of continuing education described by this |
|---|
| 20 | 20 | | subsection. The commission may waive the requirement that a |
|---|
| 21 | 21 | | license holder participate in the portion of continuing education |
|---|
| 22 | 22 | | described by this subsection if: |
|---|
| 23 | 23 | | (1) the commission determines that completion of the |
|---|
| 24 | 24 | | requirement will cause the person substantial financial hardship; |
|---|
| 25 | 25 | | (2) the person is serving in the United States armed |
|---|
| 26 | 26 | | forces; or |
|---|
| 27 | 27 | | (3) the person is incapacitated due to illness. |
|---|
| 28 | 28 | | SECTION 2. Subchapter I, Chapter 1602, Occupations Code, is |
|---|
| 29 | 29 | | amended by adding Section 1602.408 to read as follows: |
|---|
| 30 | 30 | | Sec. 1602.408. IMMUNITY FROM LIABILITY. A person who has |
|---|
| 31 | 31 | | completed the portion of continuing education described by Section |
|---|
| 32 | 32 | | 1602.354(c), or that person's employer, is immune from civil and |
|---|
| 33 | 33 | | criminal liability for reporting, in good faith, information |
|---|
| 34 | 34 | | obtained during the course and scope of the person's employment |
|---|
| 35 | 35 | | that relates to a potential act of sexual assault or domestic |
|---|
| 36 | 36 | | violence. |
|---|
| 37 | 37 | | SECTION 3. (a) Not later than March 1, 2018, the Texas |
|---|
| 38 | 38 | | Commission of Licensing and Regulation shall adopt rules to |
|---|
| 39 | 39 | | implement Section 1602.354, Occupations Code, as amended by this |
|---|
| 40 | 40 | | Act. |
|---|
| 41 | 41 | | (b) Section 1602.354, Occupations Code, as amended by this |
|---|
| 42 | 42 | | Act, applies only to the renewal of a license or certificate that |
|---|
| 43 | 43 | | expires on or after September 1, 2018. The renewal of a license or |
|---|
| 44 | 44 | | certificate that expires before that date is governed by the law in |
|---|
| 45 | 45 | | effect immediately before the effective date of this Act, and the |
|---|
| 46 | 46 | | former law is continued in effect for that purpose. |
|---|
| 47 | 47 | | SECTION 4. This Act takes effect September 1, 2017. |
|---|