H.B. No. 4007
AN ACT
relating to the licensing and regulation of health-related
occupations transferred to the Texas Department of Licensing and
Regulation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. MIDWIFERY
SECTION 1.001. Section 203.157(c), Occupations Code, is
amended to read as follows:
(c) The department shall post a list of licensed midwives on
the department's Internet website [provide each county clerk and
each local registrar of births in a county with the name of each
midwife practicing in the county].
SECTION 1.002. Section 203.353, Occupations Code, is
amended to read as follows:
Sec. 203.353. PREVENTION OF OPHTHALMIA NEONATORUM. (a)
Subject to Subsection (b), unless [Unless] the newborn child is
immediately transferred to a hospital because of an emergency, a
midwife who attends the birth of the child shall comply with Section
81.091, Health and Safety Code.
(b) A midwife in attendance at childbirth who is unable to
apply prophylaxis as required by Section 81.091, Health and Safety
Code, due to the objection of the parent, managing conservator, or
guardian of the newborn child does not commit an offense under that
section and is not subject to any criminal, civil, or
administrative liability or any professional disciplinary action
for failure to administer the prophylaxis. The midwife in
attendance at childbirth shall ensure that the objection of the
parent, managing conservator, or guardian is entered into the
medical record of the child.
SECTION 1.003. The heading to Subchapter K, Chapter 203,
Occupations Code, is amended to read as follows:
SUBCHAPTER K. [OTHER PENALTIES AND] ENFORCEMENT PROVISIONS
SECTION 1.004. The following provisions of the Occupations
Code are repealed:
(1) Section 203.501; and
(2) Section 203.504.
ARTICLE 2. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
SECTION 2.001. Section 401.102(b), Occupations Code, is
amended to read as follows:
(b) Advisory board members must:
(1) [have been a resident of this state for the two
years preceding the date of appointment;
[(2)] be from the various geographic regions of the
state; and
(2) [(3)] be from varying employment settings.
SECTION 2.002. Section 401.305(b), Occupations Code, is
amended to read as follows:
(b) The department shall administer or provide for the
administration of an examination at least twice each year.
SECTION 2.003. Section 401.402(b), Occupations Code, is
amended to read as follows:
(b) A person licensed as a speech-language pathologist
under this chapter may not fit or[,] dispense[, or sell] hearing
instruments unless the person meets the specific requirements for
fitting and dispensing hearing instruments under this chapter or
Chapter 402.
SECTION 2.004. The following provisions of the Occupations
Code are repealed:
(1) Section 401.253;
(2) Section 401.307;
(3) Section 401.310;
(4) Section 401.453;
(5) Section 401.503; and
(6) Subchapter L, Chapter 401.
SECTION 2.005. (a) A temporary certificate of registration
issued under former Section 401.310, Occupations Code, that is in
effect on the effective date of this Act continues to be valid until
the certificate expires and former Section 401.310, Occupations
Code, is continued in effect for that purpose. Chapter 401,
Occupations Code, as amended by this Act, continues to apply to a
holder of an unexpired temporary certificate of registration.
(b) On or after the effective date of this Act, the Texas
Department of Licensing and Regulation may not renew or extend a
temporary certificate of registration.
(c) A proceeding under Chapter 401, Occupations Code, that
is pending against a holder of a temporary certificate of
registration on the date the certificate expires is terminated on
that date.
ARTICLE 3. HEARING INSTRUMENT FITTERS AND DISPENSERS
SECTION 3.001. Section 402.003, Occupations Code, is
amended by amending Subsections (a) and (b) and adding Subsection
(a-1) to read as follows:
(a) Except as provided by Subsections (a-1) and (b) and
Section 402.451(a), this chapter applies only to a person who
engages or offers to engage in fitting and dispensing hearing
instruments.
(a-1) This chapter does not apply to:
(1) a person engaged in the practice of measuring
human hearing as a part of the academic curriculum of an accredited
institution of higher learning if the person or the person's
employees do not sell hearing instruments;
(2) a physician licensed by the Texas Medical Board;
(3) a person with a master's degree or doctorate in
audiology from an accredited college or university who does not
sell hearing instruments, to the extent the person engages in the
measurement of human hearing by the use of an audiometer or by any
other means to make selections and adaptations of or
recommendations for a hearing instrument and to make impressions
for earmolds to be used as part of a hearing instrument;
(4) an audiologist or an audiology intern licensed
under Chapter 401, except as may otherwise be provided by the
following provisions, which refer to Chapter 401:
(A) Section 402.051(a)(1);
(B) Section 402.202(b);
(C) Section 402.252; and
(D) Section 402.255(a);
[(E) Section 402.406(a); and
[(F) Section 402.451(a)(6);] and
(5) a student of audiology in an accredited college or
university program, if the student's activities and services are
part of the student's supervised course of study or practicum
experience.
(b) A student described by Subsection (a-1)(5) [(a)(5)] is
subject to Chapter 401.
SECTION 3.002. Section 402.051(a), Occupations Code, is
amended to read as follows:
(a) The advisory board consists of nine members appointed by
the presiding officer of the commission with the approval of the
commission as follows:
(1) six members licensed under this chapter who have
been [residents of this state actually] engaged in fitting and
dispensing hearing instruments for at least five years preceding
appointment, not more than one of whom may be licensed under Chapter
401;
(2) one member who is actively practicing as a
physician licensed by the Texas Medical Board and who:
(A) [has been a resident of this state for at
least two years preceding appointment;
[(B)] is a citizen of the United States; and
(B) [(C)] specializes in the practice of
otolaryngology; and
(3) two members of the public.
SECTION 3.003. Section 402.209(c), Occupations Code, is
amended to read as follows:
(c) An applicant for a license under this section shall
provide as part of the application:
(1) written verification that the applicant is
licensed in good standing as a fitter and dispenser of hearing
instruments in another state [and has held the license for at least
three years preceding the date of application];
(2) written verification that:
(A) the requirements to obtain a license to fit
and dispense hearing instruments in the state in which the
applicant is licensed include passing an examination approved by
the commission by rule; or
(B) the applicant holds a certification from a
professional organization approved by the commission by rule;
(3) a written statement from the licensing entity in
the state in which the applicant is licensed that details any
disciplinary action taken by the entity against the applicant; and
(4) a statement of the applicant's criminal history
acceptable to the department.
SECTION 3.004. Section 402.251, Occupations Code, is
amended to read as follows:
Sec. 402.251. TEMPORARY TRAINING PERMIT QUALIFICATIONS.
(a) The department shall issue a temporary training permit to a
person who:
(1) [has never taken the examination administered
under this chapter;
[(2)] possesses the qualifications required under
Section 402.203(a);
(2) [(3)] submits a written application on a form
prescribed by the department furnishing documentation that the
applicant satisfies the requirements of Subdivision [Subdivisions]
(1) [and (2)]; and
(3) [(4)] pays any required fee.
(b) The commission by rule may provide for the issuance of
[department may issue] a new temporary training permit under this
section [to a person on or after the 365th day] after a [the]
person's [previous] temporary training permit expires [expired].
SECTION 3.005. Section 402.255(d), Occupations Code, is
amended to read as follows:
(d) The supervisor shall maintain a log of the contact hours
by practicum category on a form prescribed by the department. After
the temporary training permit holder has completed 150 contact
hours, the supervisor and the permit holder shall submit
verification of compliance [sign the form, and the form shall be
notarized and mailed] to the department.
SECTION 3.006. Section 402.304, Occupations Code, is
amended to read as follows:
Sec. 402.304. ALTERNATIVE [ALTERNATIVES] TO CONTINUING
EDUCATION REQUIREMENT. [(a) On written request to the department,
a license holder may take the state examination. A license holder
who pays the examination fee and passes the examination is exempt
from the continuing education requirement for the reporting period
in which the test is taken.
[(b)] A license holder may be credited with continuing
education credit hours for a published book or article written by
the license holder that contributes to the license holder's
professional competence. The department may grant credit hours
based on the degree to which the published book or article advances
knowledge regarding the fitting and dispensing of hearing
instruments. A license holder may claim in a reporting period not
more than five credit hours for preparation of a publication.
SECTION 3.007. Section 402.305, Occupations Code, is
amended to read as follows:
Sec. 402.305. CONTINUING EDUCATION EXEMPTIONS. The
department may renew the license of a license holder who does not
comply with the continuing education requirements of Section
402.303 or 402.304 if the license holder:
(1) was licensed for the first time during the 24
months before the reporting date; or
(2) [has served in the regular armed forces of the
United States during part of the 24 months before the reporting
date; or
[(3)] submits proof from an attending physician that
the license holder suffered a serious or disabling illness or
physical disability that prevented compliance with the continuing
education requirements during the 24 months before the reporting
date.
SECTION 3.008. Section 402.451(a), Occupations Code, is
amended to read as follows:
(a) A person may not:
(1) buy, sell, or fraudulently obtain a license or aid
another person to do so;
(2) alter a license with the intent to defraud;
(3) wilfully make a false statement in an application
to the department for a license, a temporary training permit, or the
renewal of a license;
(4) falsely impersonate a license holder; or
(5) engage in the fitting and dispensing of hearing
instruments when the person's license is suspended or revoked [;
[(6) dispense or fit a hearing instrument on a person
who has ordered the hearing instrument or device by mail unless the
person dispensing or fitting is a license holder under this chapter
or under Chapter 401; or
[(7) sell a hearing instrument by mail].
SECTION 3.009. The heading to Subchapter L, Chapter 402,
Occupations Code, is amended to read as follows:
SUBCHAPTER L. [PENALTIES AND OTHER] ENFORCEMENT PROVISIONS
SECTION 3.010. The following provisions of the Occupations
Code are repealed:
(1) Section 402.209(h);
(2) Section 402.406;
(3) Section 402.551; and
(4) Section 402.553.
SECTION 3.011. Section 402.209, Occupations Code, as
amended by this Act, applies only to an application submitted on or
after the effective date of this Act. An application submitted
before the effective date of this Act is governed by the law in
effect on the date the application was submitted, and the former law
is continued in effect for that purpose.
ARTICLE 4. DYSLEXIA PRACTITIONERS AND DYSLEXIA THERAPISTS
SECTION 4.001. Section 403.106(c), Occupations Code, is
amended to read as follows:
(c) The department[, in consultation with the advisory
committee,] shall determine whether a training program meets the
requirements of this section.
SECTION 4.002. Section 403.107(b), Occupations Code, is
amended to read as follows:
(b) The department shall[, in consultation with the
advisory committee]:
(1) identify and designate a competency examination
that is related to multisensory structured language education and
that will be administered at least twice each year by a professional
organization that issues national certifications; and
(2) maintain a record of all examinations for at least
two years after the date of examination.
SECTION 4.003. Section 403.108, Occupations Code, is
amended to read as follows:
Sec. 403.108. WAIVER OF EXAMINATION REQUIREMENT. The
department[, in consultation with the advisory committee,] may
waive the examination requirement and issue a license to an
applicant who holds an appropriate certificate or other
accreditation from a nationally accredited multisensory structured
language education organization recognized by the department.
SECTION 4.004. Section 403.152(b), Occupations Code, is
amended to read as follows:
(b) The commission[, in consultation with the advisory
committee,] shall establish the continuing education requirements
in consultation with the advisory committee [a manner that allows a
license holder to comply without an extended absence from the
license holder's county of residence].
SECTION 4.005. The following provisions of the Occupations
Code are repealed:
(1) Section 403.204;
(2) Section 403.207;
(3) Section 403.212; and
(4) Subchapter F, Chapter 403.
ARTICLE 5. ATHLETIC TRAINERS
SECTION 5.001. Section 451.156, Occupations Code, is
amended to read as follows:
Sec. 451.156. REQUIREMENTS FOR LICENSE ISSUANCE. An
applicant for an athletic trainer license is entitled to receive
the license if the applicant:
(1) satisfies the requirements of Section 451.153 or
451.154;
(2) passes the examination required by the department;
and
(3) pays the required license fee[; and
[(4) has not committed an act that constitutes grounds
for refusal of a license under Section 451.251].
SECTION 5.002. The following provisions of the Occupations
Code are repealed:
(1) Section 451.051(c);
(2) Section 451.101(a-2); and
(3) Subchapters F, G, and H, Chapter 451.
ARTICLE 6. MASSAGE THERAPY
SECTION 6.001. Section 455.001, Occupations Code, is
amended by adding Subdivisions (12) and (13) to read as follows:
(12) "Advisory board" means the Massage Therapy
Advisory Board.
(13) "Peace officer" means a person who is a peace
officer under Article 2.12, Code of Criminal Procedure.
SECTION 6.002. Subchapter B, Chapter 455, Occupations Code,
is amended by adding Section 455.0511 to read as follows:
Sec. 455.0511. GENERAL POWERS AND DUTIES. (a) The
executive director shall administer and enforce this chapter.
(b) The department shall:
(1) investigate a person who may be engaging in or
offering to engage in a practice that violates this chapter;
(2) regulate the number of school hours and the
content of the coursework provided by a massage school or a massage
therapy instructor; and
(3) prepare, recognize, administer, or arrange for the
administration of an examination under this chapter.
SECTION 6.003. Subchapter B, Chapter 455, Occupations Code,
is amended by adding Section 455.0571 to read as follows:
Sec. 455.0571. CONTINUING EDUCATION. (a) The commission
by rule shall establish the minimum number of hours of continuing
education required for a person licensed under this chapter to
renew the person's license.
(b) The commission by rule shall provide for the
recognition, preparation, or administration of continuing
education programs for persons licensed under this chapter.
(c) The department may develop and establish processes to:
(1) evaluate and approve continuing education
providers and programs; and
(2) assess a license holder's participation in
continuing education programs.
SECTION 6.004. Subchapter B, Chapter 455, Occupations Code,
is amended by adding Section 455.059 to read as follows:
Sec. 455.059. INSPECTIONS; INVESTIGATIONS. The
department, the department's authorized representative, or a peace
officer may enter the premises of a massage establishment or
massage school at:
(1) reasonable times to conduct an inspection
incidental to the issuance of a license; and
(2) other times that the department, the department's
authorized representative, or a peace officer considers necessary
to ensure compliance with this chapter and the rules adopted under
this chapter.
SECTION 6.005. Subchapter C, Chapter 455, Occupations Code,
as effective September 1, 2017, is amended to read as follows:
SUBCHAPTER C. MASSAGE THERAPY ADVISORY BOARD [POWERS AND DUTIES]
Sec. 455.101. ADVISORY BOARD MEMBERSHIP. (a) The advisory
board consists of nine members appointed by the presiding officer
of the commission with the approval of the commission as follows:
(1) two members who are licensed massage therapists;
(2) two members who represent licensed massage
schools;
(3) two members who represent licensed massage
establishments;
(4) one member who is a peace officer with expertise in
the enforcement of Chapter 20A, Penal Code, and Subchapter A,
Chapter 43, Penal Code; and
(5) two members of the public.
(b) Appointments to the advisory board shall be made without
regard to the race, color, disability, sex, religion, age, or
national origin of the appointee [GENERAL POWERS AND DUTIES. (a)
The executive director shall administer and enforce this chapter.
[(b) The department shall:
[(1) investigate a person who may be engaging in a
practice that violates this chapter;
[(2) regulate the number and content of school hours
provided by a massage school or a massage therapy instructor; and
[(3) prepare and administer a state examination under
this chapter].
Sec. 455.102. DUTIES OF ADVISORY BOARD. The advisory board
shall provide advice and recommendations to the department on
technical matters relevant to the administration of this chapter.
Sec. 455.103. TERMS; VACANCIES. (a) Members of the
advisory board are appointed for staggered six-year terms. The
terms of three members expire September 1 of each odd-numbered
year.
(b) If a vacancy occurs on the advisory board during a
member's term, the presiding officer of the commission, with the
commission's approval, shall appoint a replacement who meets the
qualifications for the vacant position to serve for the remainder
of the term [MEMORANDUM OF UNDERSTANDING REGARDING MASSAGE SCHOOLS.
(a) The commission may enter into a memorandum of understanding
with the Texas Education Agency to regulate massage schools.
[(b) A memorandum must:
[(1) be adopted by the commission by rule; and
[(2) limit the total amount of the fees charged by the
department and the Texas Education Agency for licensing a massage
school to an amount equal to the amount of the fees the department
would charge for licensing the massage school in the absence of the
memorandum].
Sec. 455.104. PRESIDING OFFICER. (a) The presiding
officer of the commission shall designate a member of the advisory
board to serve as the presiding officer of the advisory board for a
term of one year.
(b) The presiding officer of the advisory board may vote on
any matter before the advisory board [INSPECTIONS; INVESTIGATIONS.
(a) The department, its authorized representative, or a peace
officer may enter the premises of an applicant for a license or a
license holder at:
[(1) reasonable times to conduct an inspection
incidental to the issuance of a license; and
[(2) other times that the department or peace officer
considers necessary to ensure compliance with this chapter and the
rules adopted under this chapter.
[(b) A peace officer appointed or employed by a law
enforcement agency of a political subdivision of this state may
enter the premises of a massage establishment to ensure compliance
with this chapter and rules adopted under this chapter].
Sec. 455.105. MEETINGS. The advisory board shall meet at
the call of the executive director or the presiding officer of the
commission [REGISTRY. (a) The department shall annually prepare a
registry of licensed massage therapists.
[(b) The department shall make the registry available to the
public, license holders, other state agencies, and peace officers].
SECTION 6.006. Section 455.152(a), Occupations Code, is
amended to read as follows:
(a) A person is not eligible for a license as a massage
establishment, massage school, massage therapist, or massage
therapy instructor if the person is an individual and has been
convicted of, entered a plea of nolo contendere or guilty to, or
received deferred adjudication for an offense under Chapter 20A,
Penal Code, or Subchapter A, Chapter 43, Penal Code, [involving
prostitution] or another sexual offense.
SECTION 6.007. Section 455.1525, Occupations Code, is
amended to read as follows:
Sec. 455.1525. CRIMINAL BACKGROUND CHECKS. [(a)] On
receipt of an application for a license under this chapter, the
department shall conduct a criminal background check on the
applicant.
[(b) An applicant is not eligible for a license under this
chapter if the applicant, in the five years preceding the date of
the application, has been finally convicted of a misdemeanor
involving moral turpitude or a felony.]
SECTION 6.008. Section 455.153, Occupations Code, as
effective September 1, 2017, is amended to read as follows:
Sec. 455.153. APPLICATION FOR LICENSE. An applicant for a
license under this chapter must:
(1) submit an application in the manner and on a form
prescribed by the executive director; [and]
(2) pass any required examination; and
(3) include with the application the application fee
set by the commission by rule.
SECTION 6.009. Section 455.156(b), Occupations Code, is
amended to read as follows:
(b) An applicant for a license under this section must be an
individual and:
(1) present evidence satisfactory to the department
that the person has satisfactorily completed massage therapy
studies in a 500-hour minimum, supervised course of instruction
provided by a massage therapy instructor at a massage school, a
licensed massage school, a state-approved educational institution,
or any combination of instructors or schools, in which at least:
(A) 200 hours are taught by a licensed massage
therapy instructor and dedicated to the study of massage therapy
techniques and theory and the practice of manipulation of soft
tissue, with at least 125 hours dedicated to the study of Swedish
massage therapy techniques;
(B) 50 hours are dedicated to the study of
anatomy;
(C) 25 hours are dedicated to the study of
physiology;
(D) 50 hours are dedicated to the study of
kinesiology;
(E) 40 hours are dedicated to the study of
pathology;
(F) 20 hours are dedicated to the study of
hydrotherapy;
(G) 45 hours are dedicated to the study of
massage therapy laws and rules, business practices, and
professional ethics standards;
(H) 20 hours are dedicated to the study of
health, hygiene, first aid, universal precautions, and
cardiopulmonary resuscitation (CPR); and
(I) 50 hours are spent in an internship program;
(2) pass the required examinations [written state
examination]; and
(3) be at least 18 years of age.
SECTION 6.010. The following provisions of the Occupations
Code are repealed:
(1) Section 455.1572; and
(2) Subchapter G, Chapter 455.
SECTION 6.011. As soon as practicable after the effective
date of this Act, the presiding officer of the Texas Commission of
Licensing and Regulation shall appoint the members of the Massage
Therapy Advisory Board created by Subchapter C, Chapter 455,
Occupations Code, as amended by this Act.
SECTION 6.012. Section 455.152(a), Occupations Code, as
amended by this Act, applies only to a person who files an initial
application for or an application for renewal of a license as a
massage establishment, massage school, massage therapist, or
massage therapy instructor on or after the effective date of this
Act.
ARTICLE 7. ORTHOTISTS AND PROSTHETISTS
SECTION 7.001. Section 605.056, Occupations Code, is
amended to read as follows:
Sec. 605.056. PRESIDING OFFICER. The presiding officer of
the commission, with the commission's approval, shall designate a
member [members] of the advisory board to serve as the [shall elect
from the advisory board's membership a] presiding officer of the
advisory board [to serve] for a term of one year. The presiding
officer of the advisory board may vote on any matter before the
advisory board.
SECTION 7.002. Section 605.252(a), Occupations Code, is
amended to read as follows:
(a) To be eligible for a license to practice orthotics or
prosthetics in this state, a person must:
(1) submit an application in the manner and on the form
prescribed by the executive director;
(2) pay the nonrefundable application fee;
(3) [be a resident of this state;
[(4)] have completed formal training, including the
required hours of classroom education and clinical practice, in an
area of study the commission by rule determines to be necessary and
appropriate;
(4) [(5)] have completed a clinical residency in the
professional area for which a license is sought that complies with
the standards, guidelines, or procedures established by the
department for a clinical residency that is offered in this state or
another state; and
(5) [(6)] have passed each written and practical
examination approved and required by the department.
SECTION 7.003. Section 605.254(a), Occupations Code, is
amended to read as follows:
(a) A person is entitled to an exemption from the license
requirements established under Section 605.252 if the person [is a
resident of this state who] presents evidence satisfactory to the
department that the person possesses unique qualifications to
practice orthotics, prosthetics, or orthotics and prosthetics.
SECTION 7.004. Section 605.257(a), Occupations Code, is
amended to read as follows:
(a) The department may issue a temporary license to an
individual who:
(1) [has recently become a resident of this state;
[(2)] has applied for a license as an orthotist,
prosthetist, or both; [and]
(2) [(3)] has regularly [:
[(A)] practiced orthotics, prosthetics, or both
for the five years preceding the date of the application [regularly
since January 1, 1996]; and [or]
(3) has [(B)] been licensed by a [the] state [in
which the person formerly resided if] that [state] has license
requirements that are equal to or exceed the requirements of this
chapter.
SECTION 7.005. The heading to Subchapter H, Chapter 605,
Occupations Code, is amended to read as follows:
SUBCHAPTER H. PROHIBITED PRACTICES[, DISCIPLINARY PROCEDURES, AND
PENALTIES]
SECTION 7.006. The following provisions of the Occupations
Code are repealed:
(1) Section 605.252(d);
(2) Section 605.261(c);
(3) Section 605.353;
(4) Section 605.354;
(5) Section 605.356; and
(6) Subchapter I, Chapter 605.
SECTION 7.007. The presiding officer of the Orthotists and
Prosthetists Advisory Board who is serving on the effective date of
this Act shall continue to serve as the presiding officer until the
presiding officer of the Texas Commission of Licensing and
Regulation, with the commission's approval, designates a member of
the advisory board to serve as the presiding officer of the advisory
board as required by Section 605.056, Occupations Code, as amended
by this Act.
SECTION 7.008. Sections 605.252, 605.254, and 605.257,
Occupations Code, as amended by this Act, apply only to an
application submitted on or after the effective date of this Act.
An application submitted under Section 605.252, 605.254, or
605.257, Occupations Code, before the effective date of this Act is
governed by the law in effect on the date the application was
submitted, and the former law is continued in effect for that
purpose.
ARTICLE 8. DIETITIANS
SECTION 8.001. The following provisions of the Occupations
Code are repealed:
(1) Section 701.154;
(2) Section 701.255;
(3) Section 701.257;
(4) Section 701.259;
(5) Section 701.260;
(6) Subchapter J, Chapter 701; and
(7) Section 701.502.
SECTION 8.002. (a) A provisional or temporary license
issued under former Section 701.259 or 701.260, Occupations Code,
that is in effect on the effective date of this Act continues to be
valid until the license expires, and former Sections 701.259 and
701.260, Occupations Code, are continued in effect for that
purpose. Chapter 701, Occupations Code, as amended by this Act,
continues to apply to a holder of an unexpired provisional or
temporary license.
(b) On or after the effective date of this Act, the Texas
Department of Licensing and Regulation may not renew or extend a
provisional or temporary license issued under former Section
701.259 or 701.260, Occupations Code.
(c) A proceeding under Chapter 701, Occupations Code, that
is pending against a holder of a provisional or temporary license on
the date the license expires is terminated on that date.
ARTICLE 9. CODE ENFORCEMENT OFFICERS
SECTION 9.001. The following provisions of the Occupations
Code are repealed:
(1) Section 1952.053, as effective September 1, 2017;
(2) Subchapter E, Chapter 1952; and
(3) Subchapter F, Chapter 1952, as effective September
1, 2017.
ARTICLE 10. SANITARIANS
SECTION 10.001. The following provisions of the Occupations
Code are repealed:
(1) Section 1953.053;
(2) Subchapter F, Chapter 1953; and
(3) Subchapter G, Chapter 1953, as effective September
1, 2017.
ARTICLE 11. MOLD ASSESSORS AND REMEDIATORS
SECTION 11.001. Subchapter B, Chapter 1958, Occupations
Code, is amended by adding Section 1958.0531 to read as follows:
Sec. 1958.0531. RULES. The commission shall adopt rules as
necessary to administer this chapter.
SECTION 11.002. Section 1958.105, Occupations Code, is
amended to read as follows:
Sec. 1958.105. EXAMINATION. [(a)] The department may
require that an applicant for a license pass a competency
examination to qualify for the license.
[(b) If the department requires an examination, the
applicant must pass the examination with a score of 70 percent or
more.]
SECTION 11.003. Section 1958.153, Occupations Code, as
effective September 1, 2017, is amended to read as follows:
Sec. 1958.153. NOTICE OF PROJECT. (a) Except as provided
by Subsection (b), not later than the fifth day before the date on
which a license holder starts mold remediation at a property, the
license holder shall notify the department in a manner prescribed
by the department [in writing] about the project.
(b) In an emergency, notice to the department under
Subsection (a) [may be made verbally but] must be made not later
than the next business day after the license holder identifies the
emergency. For purposes of this subsection, an emergency exists if
a delay in mold remediation services in response to a water damage
occurrence would increase mold contamination.
(c) The commission shall adopt rules to implement this
section, including rules[:
[(1)] describing the information that must be provided
in the notice[; and
[(2) authorizing verbal notification to the
department in an emergency].
(d) The department shall develop a mechanism by which a
license holder may notify the department of an emergency as
required by Subsection (b).
SECTION 11.004. Section 1958.156(d), Occupations Code, is
amended to read as follows:
(d) Not later than the 10th day [one week] after the date of
completion of a mold remediation, the mold remediator license
holder shall provide the property owner with copies of all
photographs required by this section.
SECTION 11.005. Subchapter D, Chapter 1958, Occupations
Code, is amended by adding Section 1958.158 to read as follows:
Sec. 1958.158. SERVICE OF PROCESS ON LICENSE HOLDER. The
department may serve any notice that law requires the department to
serve on a license holder by:
(1) personal service on the license holder;
(2) certified mail, return receipt requested, to the
license holder at the last known address the license holder
provided to the department; or
(3) certified electronic mail to the license holder at
the last known electronic mail address the license holder provided
to the department.
SECTION 11.006. The following provisions of the Occupations
Code are repealed:
(1) Section 1958.055;
(2) Subchapter E, Chapter 1958, as effective September
1, 2017;
(3) Subchapter F, Chapter 1958, as effective September
1, 2017; and
(4) Section 1958.301.
SECTION 11.007. Section 1958.153, Occupations Code, as
amended by this Act, applies only to notice of a mold remediation
project that is provided on or after the effective date of this Act.
Notice of a mold remediation project that is provided before that
date is governed by the law in effect immediately before the
effective date of this Act, and the former law is continued in
effect for that purpose.
ARTICLE 12. TRANSITION PROVISIONS FOR CERTAIN PROCEEDINGS;
EFFECTIVE DATE
SECTION 12.001. (a) Except as provided by this Act, the
changes in law made by this Act do not apply to an administrative
proceeding pending on the effective date of this Act. An
administrative proceeding pending on the effective date of this Act
is governed by the law in effect immediately before the effective
date of this Act, and that law is continued in effect for that
purpose.
(b) Except as provided by this Act, a civil or criminal
proceeding based on a provision repealed by this Act that is pending
on the effective date of this Act is terminated on that date.
SECTION 12.002. This Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4007 was passed by the House on May 4,
2017, by the following vote: Yeas 143, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 4007 on May 24, 2017, by the following vote: Yeas 141, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4007 was passed by the Senate, with
amendments, on May 23, 2017, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor