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Texas House Bill HB2909

Texas 2017 - 85th Regular

Texas House Bill HB2909 Compare Versions

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11 85R23555 KKR-D
22 By: Burkett H.B. No. 2909
3- Substitute the following for H.B. No. 2909:
4- By: Kuempel C.S.H.B. No. 2909
53
64
75 A BILL TO BE ENTITLED
86 AN ACT
97 relating to reports on and the regulation of certain licensed
108 activities and related organizations.
119 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1210 ARTICLE 1. REPORT ON OCCUPATIONAL LICENSING BY COMPTROLLER
1311 SECTION 1.01. Subchapter B, Chapter 403, Government Code,
1412 is amended by adding Section 403.03058 to read as follows:
1513 Sec. 403.03058. REPORT ON OCCUPATIONAL LICENSING. (a) Not
1614 later than December 31 of each even-numbered year, the comptroller
1715 shall prepare and submit to the legislature a report regarding all
1816 occupational licenses, including permits, certifications, and
1917 registrations, required by this state. The report must include:
2018 (1) for each type of license:
2119 (A) a description of the license;
2220 (B) the department with regulatory authority for
2321 the license;
2422 (C) the number of active licenses;
2523 (D) the cost of an initial application for the
2624 license and for a renewal of the license; and
2725 (E) the amount of state revenue generated from
2826 the issuance and renewal of the license; and
2927 (2) a list of all statutory provisions requiring a
3028 license that were abolished during the previous legislative
3129 session.
3230 (b) The comptroller shall post on its Internet website the
3331 report prepared under Subsection (a).
3432 ARTICLE 2. CERTIFICATE OF AUTHORITY; OVER-THE-COUNTER SALE OF
3533 EPHEDRINE, PSEUDOEPHEDRINE, AND NORPSEUDOEPHEDRINE BY
3634 ESTABLISHMENTS OTHER THAN PHARMACIES
3735 SECTION 2.01. Sections 486.004(a) and (b), Health and
3836 Safety Code, are amended to read as follows:
3937 (a) The department shall collect fees for[:
4038 [(1) the issuance of a certificate of authority under
4139 this chapter; and
4240 [(2)] an inspection performed in enforcing this
4341 chapter and rules adopted under this chapter.
4442 (b) The executive commissioner by rule shall set the fees in
4543 amounts that allow the department to recover the biennial
4644 expenditures of state funds by the department in[:
4745 [(1) reviewing applications for the issuance of a
4846 certificate of authority under this chapter;
4947 [(2) issuing certificates of authority under this
5048 chapter;
5149 [(3) inspecting and auditing a business establishment
5250 that is issued a certificate of authority under this chapter; and
5351 [(4) otherwise] implementing and enforcing this
5452 chapter.
5553 SECTION 2.02. Section 486.0142(b), Health and Safety Code,
5654 is amended to read as follows:
5755 (b) On application by a business establishment that engages
5856 in over-the-counter sales of products containing ephedrine,
5957 pseudoephedrine, or norpseudoephedrine [in accordance with a
6058 certificate of authority issued under Section 486.012], the
6159 department may grant that business establishment a temporary
6260 exemption, not to exceed 180 days, from the requirement of using a
6361 real-time electronic logging system under this chapter.
6462 SECTION 2.03. Section 486.012, Health and Safety Code, is
6563 repealed.
6664 ARTICLE 3. TITLE ATTORNEY LICENSE; ATTORNEY'S TITLE INSURANCE
6765 COMPANY
6866 SECTION 3.01. Section 35.001(2), Insurance Code, is amended
6967 to read as follows:
7068 (2) "Regulated entity" means each insurer,
7169 organization, person, or program regulated by the department,
7270 including:
7371 (A) a domestic or foreign, stock or mutual, life,
7472 health, or accident insurance company;
7573 (B) a domestic or foreign, stock or mutual, fire
7674 or casualty insurance company;
7775 (C) a Mexican casualty company;
7876 (D) a domestic or foreign Lloyd's plan;
7977 (E) a domestic or foreign reciprocal or
8078 interinsurance exchange;
8179 (F) a domestic or foreign fraternal benefit
8280 society;
8381 (G) a domestic or foreign title insurance
8482 company;
8583 (H) [an attorney's title insurance company;
8684 [(I)] a stipulated premium company;
8785 (I) [(J)] a nonprofit legal service corporation;
8886 (J) [(K)] a health maintenance organization;
8987 (K) [(L)] a statewide mutual assessment company;
9088 (L) [(M)] a local mutual aid association;
9189 (M) [(N)] a local mutual burial association;
9290 (N) [(O)] an association exempt under Section
9391 887.102;
9492 (O) [(P)] a nonprofit hospital, medical, or
9593 dental service corporation, including a company subject to Chapter
9694 842;
9795 (P) [(Q)] a county mutual insurance company;
9896 (Q) [(R)] a farm mutual insurance company; and
9997 (R) [(S)] an agency or agent of an insurer,
10098 organization, person, or program described by this subdivision.
10199 SECTION 3.02. Section 82.002(a), Insurance Code, is amended
102100 to read as follows:
103101 (a) This chapter applies to each company regulated by the
104102 commissioner, including:
105103 (1) a domestic or foreign, stock or mutual, life,
106104 health, or accident insurance company;
107105 (2) a domestic or foreign, stock or mutual, fire or
108106 casualty insurance company;
109107 (3) a Mexican casualty company;
110108 (4) a domestic or foreign Lloyd's plan insurer;
111109 (5) a domestic or foreign reciprocal or interinsurance
112110 exchange;
113111 (6) a domestic or foreign fraternal benefit society;
114112 (7) a domestic or foreign title insurance company;
115113 (8) [an attorney's title insurance company;
116114 [(9)] a stipulated premium insurance company;
117115 (9) [(10)] a nonprofit legal service corporation;
118116 (10) [(11)] a health maintenance organization;
119117 (11) [(12)] a statewide mutual assessment company;
120118 (12) [(13)] a local mutual aid association;
121119 (13) [(14)] a local mutual burial association;
122120 (14) [(15)] an association exempt under Section
123121 887.102;
124122 (15) [(16)] a nonprofit hospital, medical, or dental
125123 service corporation, including a company subject to Chapter 842;
126124 (16) [(17)] a county mutual insurance company; and
127125 (17) [(18)] a farm mutual insurance company.
128126 SECTION 3.03. Section 83.002(a), Insurance Code, is amended
129127 to read as follows:
130128 (a) This chapter applies to each company regulated by the
131129 commissioner, including:
132130 (1) a domestic or foreign, stock or mutual, life,
133131 health, or accident insurance company;
134132 (2) a domestic or foreign, stock or mutual, fire or
135133 casualty insurance company;
136134 (3) a Mexican casualty company;
137135 (4) a domestic or foreign Lloyd's plan insurer;
138136 (5) a domestic or foreign reciprocal or interinsurance
139137 exchange;
140138 (6) a domestic or foreign fraternal benefit society;
141139 (7) a domestic or foreign title insurance company;
142140 (8) [an attorney's title insurance company;
143141 [(9)] a stipulated premium insurance company;
144142 (9) [(10)] a nonprofit legal service corporation;
145143 (10) [(11)] a statewide mutual assessment company;
146144 (11) [(12)] a local mutual aid association;
147145 (12) [(13)] a local mutual burial association;
148146 (13) [(14)] an association exempt under Section
149147 887.102;
150148 (14) [(15)] a nonprofit hospital, medical, or dental
151149 service corporation, including a company subject to Chapter 842;
152150 (15) [(16)] a county mutual insurance company; and
153151 (16) [(17)] a farm mutual insurance company.
154152 SECTION 3.04. Section 554.001, Insurance Code, is amended
155153 to read as follows:
156154 Sec. 554.001. APPLICABILITY OF CHAPTER. This chapter
157155 applies to each insurer or health maintenance organization engaged
158156 in the business of insurance or the business of a health maintenance
159157 organization in this state, regardless of form and however
160158 organized, including:
161159 (1) a stock life, health, or accident insurance
162160 company;
163161 (2) a mutual life, health, or accident insurance
164162 company;
165163 (3) a stock fire or casualty insurance company;
166164 (4) a mutual fire or casualty insurance company;
167165 (5) a Mexican casualty insurance company;
168166 (6) a Lloyd's plan;
169167 (7) a reciprocal or interinsurance exchange;
170168 (8) a fraternal benefit society;
171169 (9) a title insurance company;
172170 (10) [an attorney's title insurance company;
173171 [(11)] a stipulated premium company;
174172 (11) [(12)] a nonprofit legal services corporation;
175173 (12) [(13)] a statewide mutual assessment company;
176174 (13) [(14)] a local mutual aid association;
177175 (14) [(15)] a local mutual burial association;
178176 (15) [(16)] an association exempt under Section
179177 887.102;
180178 (16) [(17)] a nonprofit hospital, medical, or dental
181179 service corporation, including a corporation subject to Chapter
182180 842;
183181 (17) [(18)] a county mutual insurance company;
184182 (18) [(19)] a farm mutual insurance company; and
185183 (19) [(20)] an insurer or health maintenance
186184 organization engaged in the business of insurance or the business
187185 of a health maintenance organization in this state that does not
188186 hold a certificate of authority issued by the department or is not
189187 otherwise authorized to engage in business in this state.
190188 SECTION 3.05. Section 703.001, Insurance Code, is amended
191189 to read as follows:
192190 Sec. 703.001. DEFINITION. In this chapter, "covered
193191 entity" means a health maintenance organization or insurer
194192 regulated by the department, including:
195193 (1) a stock life, health, or accident insurance
196194 company;
197195 (2) a mutual life, health, or accident insurance
198196 company;
199197 (3) a stock fire or casualty insurance company;
200198 (4) a mutual fire or casualty insurance company;
201199 (5) a Mexican casualty insurance company;
202200 (6) a Lloyd's plan;
203201 (7) a reciprocal or interinsurance exchange;
204202 (8) a fraternal benefit society;
205203 (9) a title insurance company;
206204 (10) [an attorney's title insurance company;
207205 [(11)] a stipulated premium company;
208206 (11) [(12)] a nonprofit legal services corporation;
209207 (12) [(13)] a statewide mutual assessment company;
210208 (13) [(14)] a local mutual aid association;
211209 (14) [(15)] a local mutual burial association;
212210 (15) [(16)] an association exempt under Section
213211 887.102;
214212 (16) [(17)] a nonprofit hospital, medical, or dental
215213 service corporation, including a corporation subject to Chapter
216214 842;
217215 (17) [(18)] a county mutual insurance company; and
218216 (18) [(19)] a farm mutual insurance company.
219217 SECTION 3.06. Section 802.051, Insurance Code, is amended
220218 to read as follows:
221219 Sec. 802.051. APPLICABILITY OF SUBCHAPTER. This subchapter
222220 applies to each company regulated by the commissioner, including:
223221 (1) a stock life, health, or accident insurance
224222 company;
225223 (2) a mutual life, health, or accident insurance
226224 company;
227225 (3) a stock fire or casualty insurance company;
228226 (4) a mutual fire or casualty insurance company;
229227 (5) a Mexican casualty company;
230228 (6) a Lloyd's plan;
231229 (7) a reciprocal or interinsurance exchange;
232230 (8) a fraternal benefit society;
233231 (9) a title insurance company;
234232 (10) [an attorney's title insurance company;
235233 [(11)] a stipulated premium insurance company;
236234 (11) [(12)] a nonprofit legal service corporation;
237235 (12) [(13)] a health maintenance organization;
238236 (13) [(14)] a statewide mutual assessment company;
239237 (14) [(15)] a local mutual aid association;
240238 (15) [(16)] a local mutual burial association;
241239 (16) [(17)] an association exempt under Section
242240 887.102;
243241 (17) [(18)] a nonprofit hospital, medical, or dental
244242 service corporation, including a company subject to Chapter 842;
245243 (18) [(19)] a county mutual insurance company; and
246244 (19) [(20)] a farm mutual insurance company.
247245 SECTION 3.07. Section 2551.053(a), Insurance Code, is
248246 amended to read as follows:
249247 (a) A [Except as provided by Section 2552.053(b), a] title
250248 insurance company must have a paid-up capital of at least $1 million
251249 and a surplus of at least $1 million.
252250 SECTION 3.08. Section 2602.003(2), Insurance Code, is
253251 amended to read as follows:
254252 (2) "Agent" includes:
255253 (A) a title insurance agent, as defined by
256254 Section 2501.003; and
257255 (B) [a title attorney, as defined by Section
258256 2552.002; and
259257 [(C)] a direct operation or a title insurance
260258 company's wholly owned subsidiary or affiliate that performs the
261259 services usually and customarily performed by a title insurance
262260 agent.
263261 SECTION 3.09. Chapter 2552, Insurance Code, is repealed.
264262 ARTICLE 4. EMERGENCY MANAGING GENERAL AGENT LICENSE
265263 SECTION 4.01. Section 4053.052, Insurance Code, is
266264 repealed.
267265 ARTICLE 5. BINGO UNIT MANAGER LICENSE
268266 SECTION 5.01. Section 2001.431(4), Occupations Code, is
269267 amended to read as follows:
270268 (4) "Unit manager" means an individual who is
271269 [licensed under this subchapter to be] responsible for the
272270 revenues, authorized expenses, and inventory of a unit.
273271 SECTION 5.02. The heading to Section 2001.437, Occupations
274272 Code, is amended to read as follows:
275273 Sec. 2001.437. UNIT MANAGER[; LICENSE].
276274 SECTION 5.03. Section 2001.437(c), Occupations Code, is
277275 amended to read as follows:
278276 (c) [A person may not provide services as a unit manager to
279277 licensed authorized organizations that form a unit unless the
280278 person holds a unit manager license under this subchapter.] A
281279 person designated as an agent under Section 2001.438(b) is not a
282280 unit manager on account of that designation for purposes of this
283281 section.
284282 SECTION 5.04. Sections 2001.437(d), (e), (f), and (g),
285283 Occupations Code, are repealed.
286284 ARTICLE 6. AGRICULTURAL, INDUSTRIAL, AND WILDLIFE CONTROL
287285 FIREWORKS PERMIT
288286 SECTION 6.01. Section 2154.152(a), Occupations Code, is
289287 amended to read as follows:
290288 (a) A person must be a licensed distributor if the person:
291289 (1) imports into this state or stores, possesses, and
292290 sells Fireworks 1.3G to a licensed pyrotechnic operator or
293291 distributor or to a single public display or[,] multiple public
294292 display[, or agricultural, industrial, and wildlife control
295293 fireworks] permit holder; or
296294 (2) imports or stores, possesses, and sells Fireworks
297295 1.4G to a licensed jobber, retailer, or distributor in this state.
298296 SECTION 6.02. Section 2154.251(b), Occupations Code, is
299297 amended to read as follows:
300298 (b) A person may not manufacture, distribute, sell, or use
301299 fireworks in a public fireworks display [or for agricultural,
302300 industrial, or wildlife control purposes] without an appropriate
303301 license or permit. Fireworks manufactured, distributed, sold, or
304302 used without an appropriate license or permit are illegal
305303 fireworks.
306304 SECTION 6.03. Section 2154.203, Occupations Code, is
307305 repealed.
308306 ARTICLE 7. TRANSITION AND EFFECTIVE DATE
309307 SECTION 7.01. Not later than December 31, 2018, the
310308 comptroller of public accounts shall provide the initial report to
311309 the legislature as required by Section 403.03058, Government Code,
312310 as added by this Act.
313311 SECTION 7.02. The changes in law made by this Act do not
314312 affect the right of any individual licensed before the effective
315313 date of this Act to engage in the applicable occupation for the
316314 remainder of the term for which the license was issued.
317315 SECTION 7.03. This Act takes effect immediately if it
318316 receives a vote of two-thirds of all the members elected to each
319317 house, as provided by Section 39, Article III, Texas Constitution.
320318 If this Act does not receive the vote necessary for immediate
321319 effect, this Act takes effect September 1, 2017.