Texas 2017 - 85th Regular

Texas Senate Bill SB2065 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 2065
	1	+	85R26372 JCG/BEE-F
	2	+	By: Hancock S.B. No. 2065
	3	+	(Kuempel)
	4	+	Substitute the following for S.B. No. 2065: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to the licensing and regulation of certain occupations and
6	10		activities.
7	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	12		ARTICLE 1. VEHICLE PROTECTION PRODUCTS
9	13		SECTION 1.001. Section 17.45, Business & Commerce Code, is
10	14		amended by adding Subdivisions (14), (15), and (16) to read as
11	15		follows:
12	16		(14) "Vehicle protection product":
13	17		(A) means a product or system, including a
14	18		written warranty:
15	19		(i) that is:
16	20		(a) installed on or applied to a
17	21		vehicle; and
18	22		(b) designed to prevent loss of or
19	23		damage to a vehicle from a specific cause; and
20	24		(ii) under which, after installation or
21	25		application of the product or system described by Subparagraph (i),
22	26		if loss or damage results from the failure of the product or system
23	27		to perform as represented in the warranty, the warrantor, to the
24	28		extent agreed on as part of the warranty, is required to pay
25	29		expenses to the person in this state who purchases or otherwise
26	30		possesses the product or system for the loss of or damage to the
27	31		vehicle; and
28	32		(B) may also include identity recovery, as
29	33		defined by Section 1304.003, Occupations Code, if the product or
30	34		system described by Paragraph (A) is financed under Chapter 348 or
31	35		353, Finance Code.
32	36		(15) "Warrantor" means a person named under the terms
33	37		of a vehicle protection product warranty as the contractual obligor
34	38		to a person in this state who purchases or otherwise possesses a
35	39		vehicle protection product.
36	40		(16) "Loss of or damage to the vehicle," for purposes
37	41		of Subdivision (14)(A)(ii), may also include unreimbursed
38	42		incidental expenses that may be incurred by the warrantor,
39	43		including expenses for a replacement vehicle, temporary vehicle
40	44		rental expenses, and registration expenses for replacement
41	45		vehicles.
42	46		SECTION 1.002. Section 17.46(b), Business & Commerce Code,
43	47		as amended by Chapters 1023 (H.B. 1265) and 1080 (H.B. 2573), Acts
44	48		of the 84th Legislature, Regular Session, 2015, is reenacted and
45	49		amended to read as follows:
46	50		(b) Except as provided in Subsection (d) of this section,
47	51		the term "false, misleading, or deceptive acts or practices"
48	52		includes, but is not limited to, the following acts:
49	53		(1) passing off goods or services as those of another;
50	54		(2) causing confusion or misunderstanding as to the
51	55		source, sponsorship, approval, or certification of goods or
52	56		services;
53	57		(3) causing confusion or misunderstanding as to
54	58		affiliation, connection, or association with, or certification by,
55	59		another;
56	60		(4) using deceptive representations or designations
57	61		of geographic origin in connection with goods or services;
58	62		(5) representing that goods or services have
59	63		sponsorship, approval, characteristics, ingredients, uses,
60	64		benefits, or quantities which they do not have or that a person has
61	65		a sponsorship, approval, status, affiliation, or connection which
62	66		the person does not;
63	67		(6) representing that goods are original or new if
64	68		they are deteriorated, reconditioned, reclaimed, used, or
65	69		secondhand;
66	70		(7) representing that goods or services are of a
67	71		particular standard, quality, or grade, or that goods are of a
68	72		particular style or model, if they are of another;
69	73		(8) disparaging the goods, services, or business of
70	74		another by false or misleading representation of facts;
71	75		(9) advertising goods or services with intent not to
72	76		sell them as advertised;
73	77		(10) advertising goods or services with intent not to
74	78		supply a reasonable expectable public demand, unless the
75	79		advertisements disclosed a limitation of quantity;
76	80		(11) making false or misleading statements of fact
77	81		concerning the reasons for, existence of, or amount of price
78	82		reductions;
79	83		(12) representing that an agreement confers or
80	84		involves rights, remedies, or obligations which it does not have or
81	85		involve, or which are prohibited by law;
82	86		(13) knowingly making false or misleading statements
83	87		of fact concerning the need for parts, replacement, or repair
84	88		service;
85	89		(14) misrepresenting the authority of a salesman,
86	90		representative or agent to negotiate the final terms of a consumer
87	91		transaction;
88	92		(15) basing a charge for the repair of any item in
89	93		whole or in part on a guaranty or warranty instead of on the value of
90	94		the actual repairs made or work to be performed on the item without
91	95		stating separately the charges for the work and the charge for the
92	96		warranty or guaranty, if any;
93	97		(16) disconnecting, turning back, or resetting the
94	98		odometer of any motor vehicle so as to reduce the number of miles
95	99		indicated on the odometer gauge;
96	100		(17) advertising of any sale by fraudulently
97	101		representing that a person is going out of business;
98	102		(18) advertising, selling, or distributing a card
99	103		which purports to be a prescription drug identification card issued
100	104		under Section 4151.152, Insurance Code, in accordance with rules
101	105		adopted by the commissioner of insurance, which offers a discount
102	106		on the purchase of health care goods or services from a third party
103	107		provider, and which is not evidence of insurance coverage, unless:
104	108		(A) the discount is authorized under an agreement
105	109		between the seller of the card and the provider of those goods and
106	110		services or the discount or card is offered to members of the
107	111		seller;
108	112		(B) the seller does not represent that the card
109	113		provides insurance coverage of any kind; and
110	114		(C) the discount is not false, misleading, or
111	115		deceptive;
112	116		(19) using or employing a chain referral sales plan in
113	117		connection with the sale or offer to sell of goods, merchandise, or
114	118		anything of value, which uses the sales technique, plan,
115	119		arrangement, or agreement in which the buyer or prospective buyer
116	120		is offered the opportunity to purchase merchandise or goods and in
117	121		connection with the purchase receives the seller's promise or
118	122		representation that the buyer shall have the right to receive
119	123		compensation or consideration in any form for furnishing to the
120	124		seller the names of other prospective buyers if receipt of the
121	125		compensation or consideration is contingent upon the occurrence of
122	126		an event subsequent to the time the buyer purchases the merchandise
123	127		or goods;
124	128		(20) representing that a guaranty or warranty confers
125	129		or involves rights or remedies which it does not have or involve,
126	130		provided, however, that nothing in this subchapter shall be
127	131		construed to expand the implied warranty of merchantability as
128	132		defined in Sections 2.314 through 2.318 and Sections 2A.212 through
129	133		2A.216 to involve obligations in excess of those which are
130	134		appropriate to the goods;
131	135		(21) promoting a pyramid promotional scheme, as
132	136		defined by Section 17.461;
133	137		(22) representing that work or services have been
134	138		performed on, or parts replaced in, goods when the work or services
135	139		were not performed or the parts replaced;
136	140		(23) filing suit founded upon a written contractual
137	141		obligation of and signed by the defendant to pay money arising out
138	142		of or based on a consumer transaction for goods, services, loans, or
139	143		extensions of credit intended primarily for personal, family,
140	144		household, or agricultural use in any county other than in the
141	145		county in which the defendant resides at the time of the
142	146		commencement of the action or in the county in which the defendant
143	147		in fact signed the contract; provided, however, that a violation of
144	148		this subsection shall not occur where it is shown by the person
145	149		filing such suit that the person neither knew or had reason to know
146	150		that the county in which such suit was filed was neither the county
147	151		in which the defendant resides at the commencement of the suit nor
148	152		the county in which the defendant in fact signed the contract;
149	153		(24) failing to disclose information concerning goods
150	154		or services which was known at the time of the transaction if such
151	155		failure to disclose such information was intended to induce the
152	156		consumer into a transaction into which the consumer would not have
153	157		entered had the information been disclosed;
154	158		(25) using the term "corporation," "incorporated," or
155	159		an abbreviation of either of those terms in the name of a business
156	160		entity that is not incorporated under the laws of this state or
157	161		another jurisdiction;
158	162		(26) selling, offering to sell, or illegally promoting
159	163		an annuity contract under Chapter 22, Acts of the 57th Legislature,
160	164		3rd Called Session, 1962 (Article 6228a-5, Vernon's Texas Civil
161	165		Statutes), with the intent that the annuity contract will be the
162	166		subject of a salary reduction agreement, as defined by that Act, if
163	167		the annuity contract is not an eligible qualified investment under
164	168		that Act or is not registered with the Teacher Retirement System of
165	169		Texas as required by Section 8A of that Act;
166	170		(27) taking advantage of a disaster declared by the
167	171		governor under Chapter 418, Government Code, by:
168	172		(A) selling or leasing fuel, food, medicine, or
169	173		another necessity at an exorbitant or excessive price; or
170	174		(B) demanding an exorbitant or excessive price in
171	175		connection with the sale or lease of fuel, food, medicine, or
172	176		another necessity;
173	177		(28) using the translation into a foreign language of
174	178		a title or other word, including "attorney," "lawyer," "licensed,"
175	179		"notary," and "notary public," in any written or electronic
176	180		material, including an advertisement, a business card, a
177	181		letterhead, stationery, a website, or an online video, in reference
178	182		to a person who is not an attorney in order to imply that the person
179	183		is authorized to practice law in the United States;
180	184		(29) [(28)] delivering or distributing a solicitation
181	185		in connection with a good or service that:
182	186		(A) represents that the solicitation is sent on
183	187		behalf of a governmental entity when it is not; or
184	188		(B) resembles a governmental notice or form that
185	189		represents or implies that a criminal penalty may be imposed if the
186	190		recipient does not remit payment for the good or service;
187	191		(30) [(29)] delivering or distributing a solicitation
188	192		in connection with a good or service that resembles a check or other
189	193		negotiable instrument or invoice, unless the portion of the
190	194		solicitation that resembles a check or other negotiable instrument
191	195		or invoice includes the following notice, clearly and conspicuously
192	196		printed in at least 18-point type:
193	197		"SPECIMEN-NON-NEGOTIABLE";
194	198		(31) [(30)] in the production, sale, distribution, or
195	199		promotion of a synthetic substance that produces and is intended to
196	200		produce an effect when consumed or ingested similar to, or in excess
197	201		of, the effect of a controlled substance or controlled substance
198	202		analogue, as those terms are defined by Section 481.002, Health and
199	203		Safety Code:
200	204		(A) making a deceptive representation or
201	205		designation about the synthetic substance; or
202	206		(B) causing confusion or misunderstanding as to
203	207		the effects the synthetic substance causes when consumed or
204	208		ingested; [or]
205	209		(32) [(31)] a licensed public insurance adjuster
206	210		directly or indirectly soliciting employment, as defined by Section
207	211		38.01, Penal Code, for an attorney, or a licensed public insurance
208	212		adjuster entering into a contract with an insured for the primary
209	213		purpose of referring the insured to an attorney without the intent
210	214		to actually perform the services customarily provided by a licensed
211	215		public insurance adjuster, provided that this subdivision may not
212	216		be construed to prohibit a licensed public insurance adjuster from
213	217		recommending a particular attorney to an insured; or
214	218		(33) a warrantor of a vehicle protection product
215	219		warranty using, in connection with the product, a name that
216	220		includes "casualty," "surety," "insurance," "mutual," or any other
217	221		word descriptive of an insurance business, including property or
218	222		casualty insurance, or a surety business.
219	223		SECTION 1.003. Subchapter A, Chapter 348, Finance Code, is
220	224		amended by adding Section 348.014 to read as follows:
221	225		Sec. 348.014. TRANSACTION CONDITIONED ON PURCHASE OF
222	226		VEHICLE PROTECTION PRODUCT PROHIBITED. (a) In this section,
223	227		"vehicle protection product" has the meaning assigned by Section
224	228		17.45, Business & Commerce Code.
225	229		(b) A retail seller may not require as a condition of a
226	230		retail installment transaction or the cash sale of a motor vehicle
227	231		that the buyer purchase a vehicle protection product that is not
228	232		installed on the vehicle at the time of the transaction.
229	233		(c) A violation of this section is a false, misleading, or
230	234		deceptive act or practice within the meaning of Section 17.46,
231	235		Business & Commerce Code, and is actionable in a public or private
232	236		suit brought under Subchapter E, Chapter 17, Business & Commerce
233	237		Code.
234	238		SECTION 1.004. Subchapter A, Chapter 353, Finance Code, is
235	239		amended by adding Section 353.017 to read as follows:
236	240		Sec. 353.017. TRANSACTION CONDITIONED ON PURCHASE OF
237	241		VEHICLE PROTECTION PRODUCT PROHIBITED. (a) In this section,
238	242		"vehicle protection product" has the meaning assigned by Section
239	243		17.45, Business & Commerce Code.
240	244		(b) A retail seller may not require as a condition of a
241	245		retail installment transaction or the cash sale of a commercial
242	246		vehicle that the buyer purchase a vehicle protection product that
243	247		is not installed on the vehicle at the time of the transaction.
244	248		(c) A violation of this section is a false, misleading, or
245	249		deceptive act or practice within the meaning of Section 17.46,
246	250		Business & Commerce Code, and is actionable in a public or private
247	251		suit brought under Subchapter E, Chapter 17, Business & Commerce
248	252		Code.
249	253		SECTION 1.005. Chapter 2306, Occupations Code, is repealed.
250	254		SECTION 1.006. (a) On the effective date of this Act:
251	255		(1) an action, including a disciplinary or
252	256		administrative proceeding, pending under Chapter 51 or 2306,
253	257		Occupations Code, on the effective date of this Act related to an
254	258		alleged violation of Chapter 2306, Occupations Code, as that
255	259		chapter existed immediately before the effective date of this Act,
256	260		is dismissed;
257	261		(2) the Vehicle Protection Product Warrantor Advisory
258	262		Board is abolished; and
259	263		(3) a registration issued under former Chapter 2306,
260	264		Occupations Code, expires.
261	265		(b) As soon as practicable after the effective date of this
262	266		Act, the Texas Commission of Licensing and Regulation shall repeal
263	267		all rules regarding the regulation of vehicle protection product
264	268		warrantors adopted under former Chapter 2306, Occupations Code.
265	269		(c) An administrative penalty assessed by the Texas
266	270		Commission of Licensing and Regulation or the executive director of
267	271		the Texas Department of Licensing and Regulation related to a
268	272		violation of Chapter 2306, Occupations Code, as that chapter
269	273		existed immediately before the effective date of this Act, may be
270	274		collected as provided by Chapter 51, Occupations Code.
271	275		(d) The repeal by this Act of Chapter 2306, Occupations
272	276		Code, does not affect the validity or terms of a vehicle protection
273	277		product warranty that was issued or renewed before the effective
274	278		date of this Act.
275	279		SECTION 1.007. Section 17.46(b), Business & Commerce Code,
276	280		as amended by this Act, applies only to a cause of action that
277	281		accrues on or after the effective date of this Act. A cause of
278	282		action that accrued before the effective date of this Act is
279	283		governed by the law in effect immediately before the effective date
280	284		of this Act, and that law is continued in effect for that purpose.
281	285		SECTION 1.008. Sections 348.014 and 353.017, Finance Code,
282	286		as added by this Act, apply only to a transaction for the purchase
283	287		of a motor vehicle or commercial vehicle, as applicable, that
284	288		occurs on or after the effective date of this Act. A transaction
285	289		for the purchase of a motor vehicle or commercial vehicle that
286	290		occurs before the effective date of this Act is governed by the law
287	291		in effect on the date the transaction occurred, and the former law
288	292		is continued in effect for that purpose.
289		-	ARTICLE 2. NOTARIES PUBLIC
290		-	SECTION 2.001. Section 17.46(b), Business & Commerce Code,
291		-	as amended by Chapters 1023 (H.B. 1265) and 1080 (H.B. 2573), Acts
292		-	of the 84th Legislature, Regular Session, 2015, is reenacted and
293		-	amended to read as follows:
294		-	(b) Except as provided in Subsection (d) of this section,
295		-	the term "false, misleading, or deceptive acts or practices"
296		-	includes, but is not limited to, the following acts:
297		-	(1) passing off goods or services as those of another;
298		-	(2) causing confusion or misunderstanding as to the
299		-	source, sponsorship, approval, or certification of goods or
300		-	services;
301		-	(3) causing confusion or misunderstanding as to
302		-	affiliation, connection, or association with, or certification by,
303		-	another;
304		-	(4) using deceptive representations or designations
305		-	of geographic origin in connection with goods or services;
306		-	(5) representing that goods or services have
307		-	sponsorship, approval, characteristics, ingredients, uses,
308		-	benefits, or quantities which they do not have or that a person has
309		-	a sponsorship, approval, status, affiliation, or connection which
310		-	the person does not;
311		-	(6) representing that goods are original or new if
312		-	they are deteriorated, reconditioned, reclaimed, used, or
313		-	secondhand;
314		-	(7) representing that goods or services are of a
315		-	particular standard, quality, or grade, or that goods are of a
316		-	particular style or model, if they are of another;
317		-	(8) disparaging the goods, services, or business of
318		-	another by false or misleading representation of facts;
319		-	(9) advertising goods or services with intent not to
320		-	sell them as advertised;
321		-	(10) advertising goods or services with intent not to
322		-	supply a reasonable expectable public demand, unless the
323		-	advertisements disclosed a limitation of quantity;
324		-	(11) making false or misleading statements of fact
325		-	concerning the reasons for, existence of, or amount of price
326		-	reductions;
327		-	(12) representing that an agreement confers or
328		-	involves rights, remedies, or obligations which it does not have or
329		-	involve, or which are prohibited by law;
330		-	(13) knowingly making false or misleading statements
331		-	of fact concerning the need for parts, replacement, or repair
332		-	service;
333		-	(14) misrepresenting the authority of a salesman,
334		-	representative or agent to negotiate the final terms of a consumer
335		-	transaction;
336		-	(15) basing a charge for the repair of any item in
337		-	whole or in part on a guaranty or warranty instead of on the value of
338		-	the actual repairs made or work to be performed on the item without
339		-	stating separately the charges for the work and the charge for the
340		-	warranty or guaranty, if any;
341		-	(16) disconnecting, turning back, or resetting the
342		-	odometer of any motor vehicle so as to reduce the number of miles
343		-	indicated on the odometer gauge;
344		-	(17) advertising of any sale by fraudulently
345		-	representing that a person is going out of business;
346		-	(18) advertising, selling, or distributing a card
347		-	which purports to be a prescription drug identification card issued
348		-	under Section 4151.152, Insurance Code, in accordance with rules
349		-	adopted by the commissioner of insurance, which offers a discount
350		-	on the purchase of health care goods or services from a third party
351		-	provider, and which is not evidence of insurance coverage, unless:
352		-	(A) the discount is authorized under an agreement
353		-	between the seller of the card and the provider of those goods and
354		-	services or the discount or card is offered to members of the
355		-	seller;
356		-	(B) the seller does not represent that the card
357		-	provides insurance coverage of any kind; and
358		-	(C) the discount is not false, misleading, or
359		-	deceptive;
360		-	(19) using or employing a chain referral sales plan in
361		-	connection with the sale or offer to sell of goods, merchandise, or
362		-	anything of value, which uses the sales technique, plan,
363		-	arrangement, or agreement in which the buyer or prospective buyer
364		-	is offered the opportunity to purchase merchandise or goods and in
365		-	connection with the purchase receives the seller's promise or
366		-	representation that the buyer shall have the right to receive
367		-	compensation or consideration in any form for furnishing to the
368		-	seller the names of other prospective buyers if receipt of the
369		-	compensation or consideration is contingent upon the occurrence of
370		-	an event subsequent to the time the buyer purchases the merchandise
371		-	or goods;
372		-	(20) representing that a guaranty or warranty confers
373		-	or involves rights or remedies which it does not have or involve,
374		-	provided, however, that nothing in this subchapter shall be
375		-	construed to expand the implied warranty of merchantability as
376		-	defined in Sections 2.314 through 2.318 and Sections 2A.212 through
377		-	2A.216 to involve obligations in excess of those which are
378		-	appropriate to the goods;
379		-	(21) promoting a pyramid promotional scheme, as
380		-	defined by Section 17.461;
381		-	(22) representing that work or services have been
382		-	performed on, or parts replaced in, goods when the work or services
383		-	were not performed or the parts replaced;
384		-	(23) filing suit founded upon a written contractual
385		-	obligation of and signed by the defendant to pay money arising out
386		-	of or based on a consumer transaction for goods, services, loans, or
387		-	extensions of credit intended primarily for personal, family,
388		-	household, or agricultural use in any county other than in the
389		-	county in which the defendant resides at the time of the
390		-	commencement of the action or in the county in which the defendant
391		-	in fact signed the contract; provided, however, that a violation of
392		-	this subsection shall not occur where it is shown by the person
393		-	filing such suit that the person neither knew or had reason to know
394		-	that the county in which such suit was filed was neither the county
395		-	in which the defendant resides at the commencement of the suit nor
396		-	the county in which the defendant in fact signed the contract;
397		-	(24) failing to disclose information concerning goods
398		-	or services which was known at the time of the transaction if such
399		-	failure to disclose such information was intended to induce the
400		-	consumer into a transaction into which the consumer would not have
401		-	entered had the information been disclosed;
402		-	(25) using the term "corporation," "incorporated," or
403		-	an abbreviation of either of those terms in the name of a business
404		-	entity that is not incorporated under the laws of this state or
405		-	another jurisdiction;
406		-	(26) selling, offering to sell, or illegally promoting
407		-	an annuity contract under Chapter 22, Acts of the 57th Legislature,
408		-	3rd Called Session, 1962 (Article 6228a-5, Vernon's Texas Civil
409		-	Statutes), with the intent that the annuity contract will be the
410		-	subject of a salary reduction agreement, as defined by that Act, if
411		-	the annuity contract is not an eligible qualified investment under
412		-	that Act or is not registered with the Teacher Retirement System of
413		-	Texas as required by Section 8A of that Act;
414		-	(27) taking advantage of a disaster declared by the
415		-	governor under Chapter 418, Government Code, by:
416		-	(A) selling or leasing fuel, food, medicine, or
417		-	another necessity at an exorbitant or excessive price; or
418		-	(B) demanding an exorbitant or excessive price in
419		-	connection with the sale or lease of fuel, food, medicine, or
420		-	another necessity;
421		-	(28) using the translation into a foreign language of
422		-	a title or other word, including "attorney," "immigration
423		-	consultant," "immigration expert," "lawyer," "licensed," "notary,"
424		-	and "notary public," in any written or electronic material,
425		-	including an advertisement, a business card, a letterhead,
426		-	stationery, a website, or an online video, in reference to a person
427		-	who is not an attorney in order to imply that the person is
428		-	authorized to practice law in the United States;
429		-	(29) [(28)] delivering or distributing a solicitation
430		-	in connection with a good or service that:
431		-	(A) represents that the solicitation is sent on
432		-	behalf of a governmental entity when it is not; or
433		-	(B) resembles a governmental notice or form that
434		-	represents or implies that a criminal penalty may be imposed if the
435		-	recipient does not remit payment for the good or service;
436		-	(30) [(29)] delivering or distributing a solicitation
437		-	in connection with a good or service that resembles a check or other
438		-	negotiable instrument or invoice, unless the portion of the
439		-	solicitation that resembles a check or other negotiable instrument
440		-	or invoice includes the following notice, clearly and conspicuously
441		-	printed in at least 18-point type:
442		-	"SPECIMEN-NON-NEGOTIABLE";
443		-	(31) [(30)] in the production, sale, distribution, or
444		-	promotion of a synthetic substance that produces and is intended to
445		-	produce an effect when consumed or ingested similar to, or in excess
446		-	of, the effect of a controlled substance or controlled substance
447		-	analogue, as those terms are defined by Section 481.002, Health and
448		-	Safety Code:
449		-	(A) making a deceptive representation or
450		-	designation about the synthetic substance; or
451		-	(B) causing confusion or misunderstanding as to
452		-	the effects the synthetic substance causes when consumed or
453		-	ingested; or
454		-	(32) [(31)] a licensed public insurance adjuster
455		-	directly or indirectly soliciting employment, as defined by Section
456		-	38.01, Penal Code, for an attorney, or a licensed public insurance
457		-	adjuster entering into a contract with an insured for the primary
458		-	purpose of referring the insured to an attorney without the intent
459		-	to actually perform the services customarily provided by a licensed
460		-	public insurance adjuster, provided that this subdivision may not
461		-	be construed to prohibit a licensed public insurance adjuster from
462		-	recommending a particular attorney to an insured.
463		-	SECTION 2.002. Section 406.017, Government Code, is amended
464		-	by amending Subsection (a) and adding Subsection (a-1) to read as
465		-	follows:
466		-	(a) A person commits an offense if the person is a notary
467		-	public and the person:
468		-	(1) states or implies that the person is an attorney
469		-	licensed to practice law in this state;
470		-	(2) solicits or accepts compensation to prepare
471		-	documents for or otherwise represent the interest of another in a
472		-	judicial or administrative proceeding, including a proceeding
473		-	relating to immigration or admission to the United States, United
474		-	States citizenship, or related matters;
475		-	(3) solicits or accepts compensation to obtain relief
476		-	of any kind on behalf of another from any officer, agency, or
477		-	employee of this state or the United States;
478		-	(4) uses the phrase "notario" or "notario publico" to
479		-	advertise the services of a notary public, whether by signs,
480		-	pamphlets, stationery, or other written communication or by radio
481		-	or television; or
482		-	(5) advertises the services of a notary public in a
483		-	language other than English, whether by signs, pamphlets,
484		-	stationery, or other written communication or by radio or
485		-	television, if the person does not post or otherwise include with
486		-	the advertisement a notice that complies with Subsection (b).
487		-	(a-1) A person does not violate this section by offering or
488		-	providing language translation or typing services and accepting
489		-	compensation.
490		-	SECTION 2.003. The change in law made by this article to
491		-	Section 17.46(b), Business & Commerce Code, applies only to a cause
492		-	of action that accrues on or after the effective date of this Act. A
493		-	cause of action that accrued before the effective date of this Act
494		-	is governed by the law in effect immediately before the effective
495		-	date of this Act, and that law is continued in effect for that
496		-	purpose.
497		-	SECTION 2.004. The change in law made by this article to
498		-	Section 406.017, Government Code, applies only to an offense
499		-	committed on or after the effective date of this Act. An offense
500		-	committed before the effective date of this Act is governed by the
501		-	law in effect when the offense was committed, and the former law is
502		-	continued in effect for that purpose. For purposes of this section,
503		-	an offense was committed before the effective date of this Act if
504		-	any element of the offense occurred before that date.
505		-	ARTICLE 3. REPORT ON OCCUPATIONAL LICENSING BY COMPTROLLER
506		-	SECTION 3.001. Subchapter B, Chapter 403, Government Code,
507		-	is amended by adding Section 403.03058 to read as follows:
508		-	Sec. 403.03058. REPORT ON OCCUPATIONAL LICENSING. (a) Not
509		-	later than December 31 of each even-numbered year, the comptroller
510		-	shall prepare and submit to the legislature a report regarding all
511		-	occupational licenses, including permits, certifications, and
512		-	registrations, required by this state. The report must include:
513		-	(1) for each type of license:
514		-	(A) a description of the license;
515		-	(B) the department with regulatory authority for
516		-	the license;
517		-	(C) the number of active licenses;
518		-	(D) the cost of an initial application for the
519		-	license and for a renewal of the license; and
520		-	(E) the amount of state revenue generated from
521		-	the issuance and renewal of the license; and
522		-	(2) a list of all statutory provisions requiring a
523		-	license that were abolished during the previous legislative
524		-	session.
525		-	(b) The comptroller shall post on its Internet website the
526		-	report prepared under Subsection (a).
527		-	SECTION 3.002. Not later than December 31, 2018, the
528		-	comptroller of public accounts shall provide the initial report to
529		-	the legislature as required by Section 403.03058, Government Code,
530		-	as added by this article.
531		-	ARTICLE 4. CERTIFICATE OF AUTHORITY; OVER-THE-COUNTER SALE OF
532		-	EPHEDRINE, PSEUDOEPHEDRINE, AND NORPSEUDOEPHEDRINE BY
533		-	ESTABLISHMENTS OTHER THAN PHARMACIES
534		-	SECTION 4.001. Sections 486.004(a) and (b), Health and
535		-	Safety Code, are amended to read as follows:
536		-	(a) The department shall collect fees for[:
537		-	[(1) the issuance of a certificate of authority under
538		-	this chapter; and
539		-	[(2)] an inspection performed in enforcing this
540		-	chapter and rules adopted under this chapter.
541		-	(b) The executive commissioner by rule shall set the fees in
542		-	amounts that allow the department to recover the biennial
543		-	expenditures of state funds by the department in[:
544		-	[(1) reviewing applications for the issuance of a
545		-	certificate of authority under this chapter;
546		-	[(2) issuing certificates of authority under this
547		-	chapter;
548		-	[(3) inspecting and auditing a business establishment
549		-	that is issued a certificate of authority under this chapter; and
550		-	[(4) otherwise] implementing and enforcing this
551		-	chapter.
552		-	SECTION 4.002. Section 486.0142(b), Health and Safety Code,
553		-	is amended to read as follows:
554		-	(b) On application by a business establishment that engages
555		-	in over-the-counter sales of products containing ephedrine,
556		-	pseudoephedrine, or norpseudoephedrine [in accordance with a
557		-	certificate of authority issued under Section 486.012], the
558		-	department may grant that business establishment a temporary
559		-	exemption, not to exceed 180 days, from the requirement of using a
560		-	real-time electronic logging system under this chapter.
561		-	SECTION 4.003. Section 486.012, Health and Safety Code, is
562		-	repealed.
563		-	ARTICLE 5. TITLE ATTORNEY LICENSE; ATTORNEY'S TITLE INSURANCE
564		-	COMPANY
565		-	SECTION 5.001. Section 35.001(2), Insurance Code, is
566		-	amended to read as follows:
567		-	(2) "Regulated entity" means each insurer,
568		-	organization, person, or program regulated by the department,
569		-	including:
570		-	(A) a domestic or foreign, stock or mutual, life,
571		-	health, or accident insurance company;
572		-	(B) a domestic or foreign, stock or mutual, fire
573		-	or casualty insurance company;
574		-	(C) a Mexican casualty company;
575		-	(D) a domestic or foreign Lloyd's plan;
576		-	(E) a domestic or foreign reciprocal or
577		-	interinsurance exchange;
578		-	(F) a domestic or foreign fraternal benefit
579		-	society;
580		-	(G) a domestic or foreign title insurance
581		-	company;
582		-	(H) [an attorney's title insurance company;
583		-	[(I)] a stipulated premium company;
584		-	(I) [(J)] a nonprofit legal service corporation;
585		-	(J) [(K)] a health maintenance organization;
586		-	(K) [(L)] a statewide mutual assessment company;
587		-	(L) [(M)] a local mutual aid association;
588		-	(M) [(N)] a local mutual burial association;
589		-	(N) [(O)] an association exempt under Section
590		-	887.102;
591		-	(O) [(P)] a nonprofit hospital, medical, or
592		-	dental service corporation, including a company subject to Chapter
593		-	842;
594		-	(P) [(Q)] a county mutual insurance company;
595		-	(Q) [(R)] a farm mutual insurance company; and
596		-	(R) [(S)] an agency or agent of an insurer,
597		-	organization, person, or program described by this subdivision.
598		-	SECTION 5.002. Section 82.002(a), Insurance Code, is
599		-	amended to read as follows:
600		-	(a) This chapter applies to each company regulated by the
601		-	commissioner, including:
602		-	(1) a domestic or foreign, stock or mutual, life,
603		-	health, or accident insurance company;
604		-	(2) a domestic or foreign, stock or mutual, fire or
605		-	casualty insurance company;
606		-	(3) a Mexican casualty company;
607		-	(4) a domestic or foreign Lloyd's plan insurer;
608		-	(5) a domestic or foreign reciprocal or interinsurance
609		-	exchange;
610		-	(6) a domestic or foreign fraternal benefit society;
611		-	(7) a domestic or foreign title insurance company;
612		-	(8) [an attorney's title insurance company;
613		-	[(9)] a stipulated premium insurance company;
614		-	(9) [(10)] a nonprofit legal service corporation;
615		-	(10) [(11)] a health maintenance organization;
616		-	(11) [(12)] a statewide mutual assessment company;
617		-	(12) [(13)] a local mutual aid association;
618		-	(13) [(14)] a local mutual burial association;
619		-	(14) [(15)] an association exempt under Section
620		-	887.102;
621		-	(15) [(16)] a nonprofit hospital, medical, or dental
622		-	service corporation, including a company subject to Chapter 842;
623		-	(16) [(17)] a county mutual insurance company; and
624		-	(17) [(18)] a farm mutual insurance company.
625		-	SECTION 5.003. Section 83.002(a), Insurance Code, is
626		-	amended to read as follows:
627		-	(a) This chapter applies to each company regulated by the
628		-	commissioner, including:
629		-	(1) a domestic or foreign, stock or mutual, life,
630		-	health, or accident insurance company;
631		-	(2) a domestic or foreign, stock or mutual, fire or
632		-	casualty insurance company;
633		-	(3) a Mexican casualty company;
634		-	(4) a domestic or foreign Lloyd's plan insurer;
635		-	(5) a domestic or foreign reciprocal or interinsurance
636		-	exchange;
637		-	(6) a domestic or foreign fraternal benefit society;
638		-	(7) a domestic or foreign title insurance company;
639		-	(8) [an attorney's title insurance company;
640		-	[(9)] a stipulated premium insurance company;
641		-	(9) [(10)] a nonprofit legal service corporation;
642		-	(10) [(11)] a statewide mutual assessment company;
643		-	(11) [(12)] a local mutual aid association;
644		-	(12) [(13)] a local mutual burial association;
645		-	(13) [(14)] an association exempt under Section
646		-	887.102;
647		-	(14) [(15)] a nonprofit hospital, medical, or dental
648		-	service corporation, including a company subject to Chapter 842;
649		-	(15) [(16)] a county mutual insurance company; and
650		-	(16) [(17)] a farm mutual insurance company.
651		-	SECTION 5.004. Section 554.001, Insurance Code, is amended
652		-	to read as follows:
653		-	Sec. 554.001. APPLICABILITY OF CHAPTER. This chapter
654		-	applies to each insurer or health maintenance organization engaged
655		-	in the business of insurance or the business of a health maintenance
656		-	organization in this state, regardless of form and however
657		-	organized, including:
658		-	(1) a stock life, health, or accident insurance
659		-	company;
660		-	(2) a mutual life, health, or accident insurance
661		-	company;
662		-	(3) a stock fire or casualty insurance company;
663		-	(4) a mutual fire or casualty insurance company;
664		-	(5) a Mexican casualty insurance company;
665		-	(6) a Lloyd's plan;
666		-	(7) a reciprocal or interinsurance exchange;
667		-	(8) a fraternal benefit society;
668		-	(9) a title insurance company;
669		-	(10) [an attorney's title insurance company;
670		-	[(11)] a stipulated premium company;
671		-	(11) [(12)] a nonprofit legal services corporation;
672		-	(12) [(13)] a statewide mutual assessment company;
673		-	(13) [(14)] a local mutual aid association;
674		-	(14) [(15)] a local mutual burial association;
675		-	(15) [(16)] an association exempt under Section
676		-	887.102;
677		-	(16) [(17)] a nonprofit hospital, medical, or dental
678		-	service corporation, including a corporation subject to Chapter
679		-	842;
680		-	(17) [(18)] a county mutual insurance company;
681		-	(18) [(19)] a farm mutual insurance company; and
682		-	(19) [(20)] an insurer or health maintenance
683		-	organization engaged in the business of insurance or the business
684		-	of a health maintenance organization in this state that does not
685		-	hold a certificate of authority issued by the department or is not
686		-	otherwise authorized to engage in business in this state.
687		-	SECTION 5.005. Section 703.001, Insurance Code, is amended
688		-	to read as follows:
689		-	Sec. 703.001. DEFINITION. In this chapter, "covered
690		-	entity" means a health maintenance organization or insurer
691		-	regulated by the department, including:
692		-	(1) a stock life, health, or accident insurance
693		-	company;
694		-	(2) a mutual life, health, or accident insurance
695		-	company;
696		-	(3) a stock fire or casualty insurance company;
697		-	(4) a mutual fire or casualty insurance company;
698		-	(5) a Mexican casualty insurance company;
699		-	(6) a Lloyd's plan;
700		-	(7) a reciprocal or interinsurance exchange;
701		-	(8) a fraternal benefit society;
702		-	(9) a title insurance company;
703		-	(10) [an attorney's title insurance company;
704		-	[(11)] a stipulated premium company;
705		-	(11) [(12)] a nonprofit legal services corporation;
706		-	(12) [(13)] a statewide mutual assessment company;
707		-	(13) [(14)] a local mutual aid association;
708		-	(14) [(15)] a local mutual burial association;
709		-	(15) [(16)] an association exempt under Section
710		-	887.102;
711		-	(16) [(17)] a nonprofit hospital, medical, or dental
712		-	service corporation, including a corporation subject to Chapter
713		-	842;
714		-	(17) [(18)] a county mutual insurance company; and
715		-	(18) [(19)] a farm mutual insurance company.
716		-	SECTION 5.006. Section 802.051, Insurance Code, is amended
717		-	to read as follows:
718		-	Sec. 802.051. APPLICABILITY OF SUBCHAPTER. This subchapter
719		-	applies to each company regulated by the commissioner, including:
720		-	(1) a stock life, health, or accident insurance
721		-	company;
722		-	(2) a mutual life, health, or accident insurance
723		-	company;
724		-	(3) a stock fire or casualty insurance company;
725		-	(4) a mutual fire or casualty insurance company;
726		-	(5) a Mexican casualty company;
727		-	(6) a Lloyd's plan;
728		-	(7) a reciprocal or interinsurance exchange;
729		-	(8) a fraternal benefit society;
730		-	(9) a title insurance company;
731		-	(10) [an attorney's title insurance company;
732		-	[(11)] a stipulated premium insurance company;
733		-	(11) [(12)] a nonprofit legal service corporation;
734		-	(12) [(13)] a health maintenance organization;
735		-	(13) [(14)] a statewide mutual assessment company;
736		-	(14) [(15)] a local mutual aid association;
737		-	(15) [(16)] a local mutual burial association;
738		-	(16) [(17)] an association exempt under Section
739		-	887.102;
740		-	(17) [(18)] a nonprofit hospital, medical, or dental
741		-	service corporation, including a company subject to Chapter 842;
742		-	(18) [(19)] a county mutual insurance company; and
743		-	(19) [(20)] a farm mutual insurance company.
744		-	SECTION 5.007. Section 2551.053(a), Insurance Code, is
745		-	amended to read as follows:
746		-	(a) A [Except as provided by Section 2552.053(b), a] title
747		-	insurance company must have a paid-up capital of at least $1 million
748		-	and a surplus of at least $1 million.
749		-	SECTION 5.008. Section 2602.003(2), Insurance Code, is
750		-	amended to read as follows:
751		-	(2) "Agent" includes:
752		-	(A) a title insurance agent, as defined by
753		-	Section 2501.003; and
754		-	(B) [a title attorney, as defined by Section
755		-	2552.002; and
756		-	[(C)] a direct operation or a title insurance
757		-	company's wholly owned subsidiary or affiliate that performs the
758		-	services usually and customarily performed by a title insurance
759		-	agent.
760		-	SECTION 5.009. Chapter 2552, Insurance Code, is repealed.
761		-	SECTION 5.010. The changes in law made by this article do
762		-	not affect the right of any individual licensed before the
763		-	effective date of this Act to engage in the applicable occupation
764		-	for the remainder of the term for which the license was issued.
765		-	ARTICLE 6. EMERGENCY MANAGING GENERAL AGENT LICENSE
766		-	SECTION 6.001. Section 4053.052, Insurance Code, is
767		-	repealed.
768		-	SECTION 6.002. The changes in law made by this article do
769		-	not affect the right of any individual licensed before the
770		-	effective date of this Act to engage in the applicable occupation
771		-	for the remainder of the term for which the license was issued.
772		-	ARTICLE 7. TEMPORARY COMMON WORKER EMPLOYERS
773		-	SECTION 7.001. Section 92.001(a), Labor Code, is amended to
	293	+	ARTICLE 2. TEMPORARY COMMON WORKER EMPLOYERS
	294	+	SECTION 2.001. Section 92.001(a), Labor Code, is amended to
774	295		read as follows:
775	296		(a) The legislature finds that this chapter is necessary to:
776	297		(1) provide for the health, safety, and welfare of
777	298		common workers throughout this state; and
778	299		(2) establish uniform standards of conduct and
779	300		practice for temporary common worker [certain] employers in this
780	301		state.
781		-	SECTION 7.002. Section 92.002, Labor Code, is amended by
	302	+	SECTION 2.002. Section 92.002, Labor Code, is amended by
782	303		amending Subdivision (6) and adding Subdivision (6-a) to read as
783	304		follows:
784	305		(6) "Labor hall" means a central location maintained
785	306		by a temporary common worker employer [license holder] where common
786	307		workers assemble and are dispatched to work for a user of common
787	308		workers.
788	309		(6-a) "Municipality" has the meaning assigned by
789	310		Section 1.005, Local Government Code.
790		-	SECTION 7.003. The heading to Subchapter B, Chapter 92,
	311	+	SECTION 2.003. The heading to Subchapter B, Chapter 92,
791	312		Labor Code, is amended to read as follows:
792	313		SUBCHAPTER B. AUTHORITY TO OPERATE [LICENSE REQUIREMENTS]
793		-	SECTION 7.004. Subchapter B, Chapter 92, Labor Code, is
	314	+	SECTION 2.004. Subchapter B, Chapter 92, Labor Code, is
794	315		amended by adding Section 92.0115 to read as follows:
795	316		Sec. 92.0115. AUTHORITY TO OPERATE. Subject to Section
796	317		92.013 and unless prohibited by a governmental subdivision, a
797	318		person may operate as a temporary common worker employer in this
798	319		state if the person meets the requirements of this chapter.
799		-	SECTION 7.005. The heading to Section 92.012, Labor Code,
	320	+	SECTION 2.005. The heading to Section 92.012, Labor Code,
800	321		is amended to read as follows:
801	322		Sec. 92.012. EXEMPTIONS [FROM LICENSING REQUIREMENT].
802		-	SECTION 7.006. Section 92.013(b), Labor Code, is amended to
	323	+	SECTION 2.006. Section 92.013(b), Labor Code, is amended to
803	324		read as follows:
804	325		(b) A municipality with a population greater than one
805	326		million may establish municipal [licensing] requirements that
806	327		impose stricter standards of conduct and practice than those
807	328		imposed under Subchapter C.
808		-	SECTION 7.007. The heading to Subchapter C, Chapter 92,
	329	+	SECTION 2.007. The heading to Subchapter C, Chapter 92,
809	330		Labor Code, is amended to read as follows:
810	331		SUBCHAPTER C. STANDARDS OF CONDUCT AND PRACTICE [POWERS AND DUTIES
811	332		OF LICENSE HOLDER]
812		-	SECTION 7.008. Section 92.021, Labor Code, is amended to
	333	+	SECTION 2.008. Section 92.021, Labor Code, is amended to
813	334		read as follows:
814	335		Sec. 92.021. POWERS AND DUTIES OF [LICENSE HOLDER AS]
815	336		EMPLOYER. (a) Each temporary common worker employer [license
816	337		holder] is the employer of the common workers provided by that
817	338		temporary common worker employer [license holder].
818	339		(b) A temporary common worker employer [license holder] may
819	340		hire, reassign, control, direct, and discharge the employees of the
820	341		temporary common worker employer [license holder].
821		-	SECTION 7.009. Section 92.022, Labor Code, is amended to
	342	+	SECTION 2.009. Section 92.022, Labor Code, is amended to
822	343		read as follows:
823	344		Sec. 92.022. REQUIRED RECORDS; CONFIDENTIALITY. (a) Each
824	345		temporary common worker employer [license holder] shall maintain
825	346		and make available to a governmental subdivision [representative of
826	347		the department] records that show for each common worker provided
827	348		by the temporary common worker employer [license holder] to a user
828	349		of common workers:
829	350		(1) the name and address of the worker;
830	351		(2) the hours worked;
831	352		(3) the places at which the work was performed;
832	353		(4) the wages paid to the worker; and
833	354		(5) any deductions made from those wages.
834	355		(b) The temporary common worker employer [license holder]
835	356		shall maintain the records at least until the second anniversary of
836	357		the date on which the worker was last employed by the temporary
837	358		common worker employer [license holder].
838	359		(c) Information received by the governmental subdivision
839	360		[commission or department] under this section is privileged and
840	361		confidential and is for the exclusive use of the governmental
841	362		subdivision [commission or department]. The information may not be
842	363		disclosed to any other person except on the entry of a court order
843	364		requiring disclosure or on the written consent of a person under
844	365		investigation who is the subject of the records.
845		-	SECTION 7.010. Section 92.023(b), Labor Code, is amended to
	366	+	SECTION 2.010. Section 92.023(b), Labor Code, is amended to
846	367		read as follows:
847	368		(b) Each temporary common worker employer [license holder]
848	369		shall [also] post in a conspicuous place in the [licensed] premises
849	370		on which the temporary common worker employer operates a notice of
850	371		any charge permitted under this chapter that the temporary common
851	372		worker employer [license holder] may assess against a common worker
852	373		for equipment, tools, transportation, or other work-related
853	374		services.
854		-	SECTION 7.011. Section 92.024, Labor Code, is amended to
	375	+	SECTION 2.011. Section 92.024, Labor Code, is amended to
855	376		read as follows:
856	377		Sec. 92.024. LABOR HALL REQUIREMENTS. A temporary common
857	378		worker employer [license holder] that operates a labor hall as part
858	379		of a [licensed] premises on which the temporary common worker
859	380		employer operates shall provide adequate facilities for a worker
860	381		waiting for a job assignment. The facilities must include:
861	382		(1) restroom facilities for both men and women;
862	383		(2) drinking water;
863	384		(3) sufficient seating; and
864	385		(4) access to vending refreshments and food.
865		-	SECTION 7.012. Section 92.025, Labor Code, is amended to
	386	+	SECTION 2.012. Section 92.025, Labor Code, is amended to
866	387		read as follows:
867	388		Sec. 92.025. CERTAIN CHARGES AND DEDUCTIONS PROHIBITED.
868	389		(a) A temporary common worker employer [license holder] may not
869	390		charge a common worker for:
870	391		(1) safety equipment, clothing, or accessories
871	392		required by the nature of the work, either by law, custom, or the
872	393		requirements of the user of common workers;
873	394		(2) uniforms, special clothing, or other items
874	395		required as a condition of employment by the user of common workers;
875	396		(3) the cashing of a check or voucher; or
876	397		(4) the receipt by the worker of earned wages.
877	398		(b) A temporary common worker employer [license holder] may
878	399		not deduct or withhold any amount from the earned wages of a common
879	400		worker except:
880	401		(1) a deduction required by federal or state law; or
881	402		(2) a reimbursement for a cash advance made to the
882	403		worker during the same pay period.
883		-	SECTION 7.013. Chapter 92, Labor Code, is amended by adding
	404	+	SECTION 2.013. Chapter 92, Labor Code, is amended by adding
884	405		Subchapter D to read as follows:
885	406		SUBCHAPTER D. ENFORCEMENT
886	407		Sec. 92.031. ENFORCEMENT. A governmental subdivision may
887	408		enforce this chapter within the boundaries of the governmental
888	409		subdivision.
889		-	SECTION 7.014. The following provisions of the Labor Code
	410	+	SECTION 2.014. The following provisions of the Labor Code
890	411		are repealed:
891	412		(1) Sections 92.002(1), (4), and (4-a);
892	413		(2) Section 92.003;
893	414		(3) Section 92.004;
894	415		(4) Section 92.011;
895	416		(5) Section 92.013(a);
896	417		(6) Section 92.014;
897	418		(7) Section 92.015; and
898	419		(8) Section 92.023(a).
899		-	SECTION 7.015. (a) An administrative proceeding pending
	420	+	SECTION 2.015. (a) An administrative proceeding pending
900	421		under Chapter 51, Occupations Code, or Chapter 92, Labor Code, on
901	422		the effective date of this Act related to a violation of Chapter 92,
902	423		Labor Code, as that chapter existed immediately before the
903	424		effective date of this Act, is dismissed.
904	425		(b) An administrative penalty assessed by the Texas
905	426		Commission of Licensing and Regulation or the executive director of
906	427		the Texas Department of Licensing and Regulation related to a
907	428		violation of Chapter 92, Labor Code, as that chapter existed
908	429		immediately before the effective date of this Act, may be collected
909	430		as provided by Chapter 51, Occupations Code.
910	431		(c) The changes in law made by this Act do not affect the
911	432		pending prosecution of an offense under Chapter 92, Labor Code, as
912	433		that chapter existed immediately before the effective date of this
913	434		Act. An offense committed before the effective date of this Act is
914	435		governed by the law in effect on the date the offense was committed,
915	436		and the former law is continued in effect for that purpose. For
916	437		purposes of this subsection, an offense was committed before the
917	438		effective date of this Act if any element of the offense was
918	439		committed before that date.
919		-	ARTICLE 8. FOR-PROFIT LEGAL SERVICE CONTRACT COMPANIES
920		-	SECTION 8.001. Section 953.001(1), Occupations Code, is
	440	+	ARTICLE 3. FOR-PROFIT LEGAL SERVICE CONTRACT COMPANIES
	441	+	SECTION 3.001. Section 953.001(1), Occupations Code, is
921	442		amended to read as follows:
922	443		(1) "Administrator" means the person responsible for
923	444		the administration of a legal service contract. [The term includes
924	445		a person responsible for any filing required by this chapter.]
925		-	SECTION 8.002. Section 953.156, Occupations Code, is
	446	+	SECTION 3.002. Section 953.156, Occupations Code, is
926	447		amended to read as follows:
927	448		Sec. 953.156. FORM OF LEGAL SERVICE CONTRACT AND REQUIRED
928	449		DISCLOSURES. [(a) A legal service contract must be filed with the
929	450		executive director before it is marketed, sold, offered for sale,
930	451		administered, or issued in this state. Any subsequent endorsement
931	452		or attachment to the contract must also be filed with the executive
932	453		director before the endorsement or attachment is delivered to legal
933	454		service contract holders.
934	455		[(b)] A legal service contract marketed, sold, offered for
935	456		sale, administered, or issued in this state must:
936	457		(1) be written, printed, or typed in clear,
937	458		understandable language that is easy to read;
938	459		(2) include the name and full address of the company;
939	460		(3) include the purchase price of the contract and the
940	461		terms under which the contract is sold;
941	462		(4) include the terms and restrictions governing
942	463		cancellation of the contract by the company or the legal service
943	464		contract holder;
944	465		(5) identify:
945	466		(A) any administrator, if the administrator is
946	467		not the company;
947	468		(B) the sales representative; and
948	469		(C) the name of the legal service contract
949	470		holder;
950	471		(6) include the amount of any deductible or copayment;
951	472		(7) specify the legal services and other benefits to
952	473		be provided under the contract, and any limitation, exception, or
953	474		exclusion;
954	475		(8) specify the legal services, if any, for which the
955	476		company will provide reimbursement and the amount of that
956	477		reimbursement;
957	478		(9) specify any restriction governing the
958	479		transferability of the contract or the assignment of benefits;
959	480		(10) include the duties of the legal service contract
960	481		holder;
961	482		(11) [include the contact information for the
962	483		department, including the department's toll-free number and
963	484		electronic mail address, as well as a statement that the department
964	485		regulates the company and the company's sales representatives;
965	486		[(12)] explain the method to be used in resolving the
966	487		legal service contract holder's complaints and grievances;
967	488		(12) [(13)] explain how legal services may be obtained
968	489		under the legal service contract;
969	490		(13) [(14)] include a provision stating that no change
970	491		in the contract is valid until the change has been approved by an
971	492		executive officer of the company and unless the approval is
972	493		endorsed or attached to the contract;
973	494		(14) [(15)] include any eligibility and effective
974	495		date requirements, including a definition of eligible dependents
975	496		and the effective date of their coverage;
976	497		(15) [(16)] include the conditions under which
977	498		coverage will terminate;
978	499		(16) [(17)] explain any subrogation arrangements;
979	500		(17) [(18)] contain a payment provision that provides
980	501		for a grace period of at least 31 days; and
981	502		(18) [(19)] include conditions under which contract
982	503		rates may be modified[; and
983	504		[(20) include any other items required by the
984	505		executive director as determined by rule].
985		-	SECTION 8.003. Section 953.162, Occupations Code, is
	506	+	SECTION 3.003. Section 953.162, Occupations Code, is
986	507		amended to read as follows:
987	508		Sec. 953.162. APPOINTMENT AND RESPONSIBILITIES OF
988	509		ADMINISTRATOR. [(a)] A company may appoint an administrator or
989	510		designate a person to be responsible for:
990	511		(1) all or any part of the administration or sale of
991	512		legal service contracts; and
992	513		(2) compliance with this chapter.
993	514		[(b) The executive director may adopt rules regarding the
994	515		registration of an administrator with the department.]
995		-	SECTION 8.004. Chapter 953, Occupations Code, is amended by
	516	+	SECTION 3.004. Chapter 953, Occupations Code, is amended by
996	517		adding Subchapter F to read as follows:
997	518		SUBCHAPTER F. ENFORCEMENT
998	519		Sec. 953.251. DECEPTIVE TRADE PRACTICE. A violation of
999	520		this chapter is a deceptive trade practice actionable under
1000	521		Subchapter E, Chapter 17, Business & Commerce Code.
1001		-	SECTION 8.005. The following provisions of the Occupations
	522	+	SECTION 3.005. The following provisions of the Occupations
1002	523		Code are repealed:
1003	524		(1) Sections 953.001(4), (5), and (6);
1004	525		(2) Sections 953.004, 953.005, and 953.155; and
1005	526		(3) Subchapters B, C, and E, Chapter 953.
1006		-	SECTION 8.006. (a) On the effective date of this article,
	527	+	SECTION 3.006. (a) On the effective date of this article,
1007	528		a registration issued under former Subchapter B, Chapter 953,
1008	529		Occupations Code, expires.
1009	530		(b) On the effective date of this article, a pending
1010	531		proceeding under Chapter 953, Occupations Code, including a
1011	532		complaint investigation, disciplinary action, or administrative
1012	533		penalty proceeding, relating to a registration issued under former
1013	534		Subchapter B, Chapter 953, Occupations Code, or relating to another
1014	535		former provision of Chapter 953, Occupations Code, that is repealed
1015	536		by this article, is dismissed.
1016		-	SECTION 8.007. This article takes effect September 1, 2019.
1017		-	ARTICLE 9. PLUMBING
1018		-	SECTION 9.001. Section 1301.704, Occupations Code, is
1019		-	amended by adding Subsections (c) and (d) to read as follows:
1020		-	(c) Failure to request a hearing or accept the determination
1021		-	and recommended penalty within the time provided by this section
1022		-	waives the right to a hearing under this chapter.
1023		-	(d) If the board determines without a hearing that the
1024		-	person committed a violation and a penalty is to be imposed, the
1025		-	board shall:
1026		-	(1) provide written notice to the person of the board's
1027		-	findings; and
1028		-	(2) enter an order requiring the person to pay the
1029		-	recommended penalty.
1030		-	SECTION 9.002. Section 1301.705(a), Occupations Code, is
1031		-	amended to read as follows:
1032		-	(a) If the person requests a hearing [or fails to respond in
1033		-	a timely manner to the notice], the enforcement committee shall set
1034		-	a hearing and give written notice of the hearing to the person. An
1035		-	administrative law judge of the State Office of Administrative
1036		-	Hearings shall hold the hearing.
1037		-	SECTION 9.003. The change in law made by this article to
1038		-	Section 1301.704, Occupations Code, applies only to imposition of
1039		-	an administrative penalty against a person who receives notice
1040		-	under Section 1301.703(b), Occupations Code, on or after the
1041		-	effective date of this Act. An administrative penalty for which
1042		-	notice under that section is received before the effective date of
1043		-	this Act is governed by the law in effect on the date the notice was
1044		-	received, and the former law is continued in effect for that
1045		-	purpose.
1046		-	ARTICLE 10. BARBERING AND COSMETOLOGY
1047		-	SECTION 10.001. Section 1601.002, Occupations Code, is
	537	+	SECTION 3.007. This article takes effect September 1, 2019.
	538	+	ARTICLE 4. BARBERING AND COSMETOLOGY
	539	+	SECTION 4.001. Section 1601.002, Occupations Code, is
1048	540		amended to read as follows:
1049	541		Sec. 1601.002. DEFINITION OF BARBERING. In this chapter,
1050	542		"barbering," "practicing barbering," or the "practice of
1051	543		barbering" means:
1052	544		(1) performing or offering or attempting to perform
1053	545		for compensation or the promise of compensation any of the
1054	546		following services:
1055	547		(A) treating a person's mustache or beard by
1056	548		arranging, beautifying, coloring, processing, shaving, styling, or
1057	549		trimming;
1058	550		(B) treating a person's hair by:
1059	551		(i) arranging, beautifying, bleaching,
1060	552		cleansing, coloring, curling, dressing, dyeing, processing,
1061	553		[shampooing,] shaping, singeing, straightening, styling, tinting,
1062	554		or waving;
1063	555		(ii) providing a necessary service that is
1064	556		preparatory or ancillary to a service under Subparagraph (i),
1065	557		including bobbing, clipping, cutting, or trimming; or
1066	558		(iii) cutting the person's hair as a
1067	559		separate and independent service for which a charge is directly or
1068	560		indirectly made separately from a charge for any other service;
1069	561		(C) cleansing, stimulating, or massaging a
1070	562		person's scalp, face, neck, arms, or shoulders:
1071	563		(i) by hand or by using a device, apparatus,
1072	564		or appliance; and
1073	565		(ii) with or without the use of any cosmetic
1074	566		preparation, antiseptic, tonic, lotion, or cream;
1075	567		(D) beautifying a person's face, neck, arms, or
1076	568		shoulders using a cosmetic preparation, antiseptic, tonic, lotion,
1077	569		powder, oil, clay, cream, or appliance;
1078	570		(E) treating a person's nails by:
1079	571		(i) cutting, trimming, polishing, tinting,
1080	572		coloring, cleansing, manicuring, or pedicuring; or
1081	573		(ii) attaching false nails;
1082	574		(F) massaging, cleansing, treating, or
1083	575		beautifying a person's hands;
1084	576		(G) administering facial treatments;
1085	577		(H) weaving a person's hair by using any method
1086	578		to attach commercial hair to a person's hair or scalp; or
1087	579		(I) [shampooing or conditioning a person's hair;
1088	580		or
1089	581		[(J)] servicing in any manner listed in Paragraph
1090	582		(B) a person's wig, toupee, or artificial hairpiece on a person's
1091	583		head or on a block after the initial retail sale;
1092	584		(2) advertising or representing to the public in any
1093	585		manner that a person is a barber or is authorized to practice
1094	586		barbering; or
1095	587		(3) advertising or representing to the public in any
1096	588		manner that a location or place of business is a barbershop,
1097	589		specialty shop, or barber school.
1098		-	SECTION 10.002. Subchapter A, Chapter 1601, Occupations
	590	+	SECTION 4.002. Subchapter A, Chapter 1601, Occupations
1099	591		Code, is amended by adding Section 1601.0025 to read as follows:
1100	592		Sec. 1601.0025. SERVICES NOT CONSTITUTING BARBERING.
1101	593		Notwithstanding Section 1601.002, "barbering," "practicing
1102	594		barbering," and "practice of barbering" do not include threading,
1103	595		which involves removing unwanted hair from a person by using a piece
1104	596		of thread that is looped around the hair and pulled to remove the
1105	597		hair and includes the incidental trimming of eyebrow hair.
1106		-	SECTION 10.003. Section 1601.256(a), Occupations Code, is
	598	+	SECTION 4.003. Section 1601.256(a), Occupations Code, is
1107	599		amended to read as follows:
1108	600		(a) A person holding a barber technician license may:
1109	601		(1) perform only barbering as defined by Sections
1110	602		1601.002(1)(C), (D), (F), and (G)[, and (I)]; and
1111	603		(2) practice only at a location that has been issued a
1112	604		barbershop permit.
1113		-	SECTION 10.004. Section 1601.353, Occupations Code, is
1114		-	amended to read as follows:
1115		-	Sec. 1601.353. REQUIRED FACILITIES AND EQUIPMENT. The
1116		-	department may approve an application for a permit for a barber
1117		-	school if the school meets the health and safety standards
1118		-	established by the commission. The commission may not establish
1119		-	building or facility standards that are not related to health and
1120		-	safety, including a requirement that a facility have a specific:
1121		-	(1) square footage of floor space [is located in:
1122		-	[(A) a municipality with a population of more
1123		-	than 50,000 that has a building of permanent construction
1124		-	containing at least 2,000 square feet of floor space, including
1125		-	classroom and practical areas, covered in a hard-surface
1126		-	floor-covering of tile or other suitable material; or
1127		-	[(B) a municipality with a population of 50,000
1128		-	or less or an unincorporated area of a county that has a building of
1129		-	permanent construction containing at least 1,000 square feet of
1130		-	floor space, including classroom and practical areas, covered in a
1131		-	hard-surface floor-covering of tile or other suitable material];
1132		-	(2) number of chairs [has the following equipment:
1133		-	[(A) at least 10 student workstations that
1134		-	include a chair that reclines, a back bar, and a wall mirror;
1135		-	[(B) a sink behind every two workstations;
1136		-	[(C) adequate lighting for each room;
1137		-	[(D) at least 10 classroom chairs and other
1138		-	materials necessary to teach the required subjects; and
1139		-	[(E) access to permanent restrooms and adequate
1140		-	drinking fountain facilities]; or [and]
1141		-	(3) number of sinks [meets any other requirement set
1142		-	by the commission].
1143		-	SECTION 10.005. Section 1602.002(a), Occupations Code, is
	605	+	SECTION 4.004. Section 1602.002(a), Occupations Code, is
1144	606		amended to read as follows:
1145	607		(a) In this chapter, "cosmetology" means the practice of
1146	608		performing or offering to perform for compensation any of the
1147	609		following services:
1148	610		(1) treating a person's hair by:
1149	611		(A) providing any method of treatment as a
1150	612		primary service, including arranging, beautifying, bleaching,
1151	613		cleansing, coloring, cutting, dressing, dyeing, processing,
1152	614		[shampooing,] shaping, singeing, straightening, styling, tinting,
1153	615		or waving;
1154	616		(B) providing a necessary service that is
1155	617		preparatory or ancillary to a service under Paragraph (A),
1156	618		including bobbing, clipping, cutting, or trimming a person's hair
1157	619		or shaving a person's neck with a safety razor; or
1158	620		(C) cutting the person's hair as a separate and
1159	621		independent service for which a charge is directly or indirectly
1160	622		made separately from charges for any other service;
1161	623		(2) [shampooing and conditioning a person's hair;
1162	624		[(3)] servicing a person's wig or artificial hairpiece
1163	625		on a person's head or on a block after the initial retail sale and
1164	626		servicing in any manner listed in Subdivision (1);
1165	627		(3) [(4)] treating a person's mustache or beard by
1166	628		arranging, beautifying, coloring, processing, styling, trimming,
1167	629		or shaving with a safety razor;
1168	630		(4) [(5)] cleansing, stimulating, or massaging a
1169	631		person's scalp, face, neck, or arms:
1170	632		(A) by hand or by using a device, apparatus, or
1171	633		appliance; and
1172	634		(B) with or without the use of any cosmetic
1173	635		preparation, antiseptic, tonic, lotion, or cream;
1174	636		(5) [(6)] beautifying a person's face, neck, or arms
1175	637		using a cosmetic preparation, antiseptic, tonic, lotion, powder,
1176	638		oil, clay, cream, or appliance;
1177	639		(6) [(7)] administering facial treatments;
1178	640		(7) [(8)] removing superfluous hair from a person's
1179	641		body using depilatories, preparations or chemicals, tweezers, or
1180	642		other devices or appliances of any kind or description [tweezing
1181	643		techniques];
1182	644		(8) [(9)] treating a person's nails by:
1183	645		(A) cutting, trimming, polishing, tinting,
1184	646		coloring, cleansing, or manicuring; or
1185	647		(B) attaching false nails;
1186	648		(9) [(10)] massaging, cleansing, treating, or
1187	649		beautifying a person's hands or feet;
1188	650		(10) [(11)] applying semipermanent, thread-like
1189	651		extensions composed of single fibers to a person's eyelashes; or
1190	652		(11) [(12)] weaving a person's hair.
1191		-	SECTION 10.~~006~~. Subchapter A, Chapter 1602, Occupations
	653	+	SECTION 4.005. Subchapter A, Chapter 1602, Occupations
1192	654		Code, is amended by adding Section 1602.0025 to read as follows:
1193	655		Sec. 1602.0025. SERVICES NOT CONSTITUTING COSMETOLOGY.
1194	656		Notwithstanding Section 1602.002(a), "cosmetology" does not
1195	657		include threading, which involves removing unwanted hair from a
1196	658		person by using a piece of thread that is looped around the hair and
1197	659		pulled to remove the hair and includes the incidental trimming of
1198	660		eyebrow hair.
1199		-	SECTION 10.~~007~~. Section 1602.255(c), Occupations Code, is
	661	+	SECTION 4.006. Section 1602.255(c), Occupations Code, is
1200	662		amended to read as follows:
1201	663		(c) The commission shall adopt rules for the licensing of
1202	664		specialty instructors to teach specialty courses in the practice of
1203	665		cosmetology defined in Sections 1602.002(a)(5), (7), (8), and (10)
1204	666		[1602.002(a)(6), (8), (9), and (11)].
1205		-	SECTION 10.~~008~~. Section 1602.256(a), Occupations Code, is
	667	+	SECTION 4.007. Section 1602.256(a), Occupations Code, is
1206	668		amended to read as follows:
1207	669		(a) A person holding a manicurist specialty license may
1208	670		perform only the practice of cosmetology defined in Section
1209	671		1602.002(a)(8) or (9) [1602.002(a)(9) or (10)].
1210		-	SECTION 10.~~009~~. Section 1602.257(a), Occupations Code, is
	672	+	SECTION 4.008. Section 1602.257(a), Occupations Code, is
1211	673		amended to read as follows:
1212	674		(a) A person holding an esthetician specialty license may
1213	675		perform only the practice of cosmetology defined in Sections
1214	676		1602.002(a)(4), (5), (6), (7), and (10) [1602.002(a)(5), (6), (7),
1215	677		(8), and (11)].
1216		-	SECTION 10.~~010~~. Section 1602.2571(a), Occupations Code, is
	678	+	SECTION 4.009. Section 1602.2571(a), Occupations Code, is
1217	679		amended to read as follows:
1218	680		(a) A person holding a specialty license in eyelash
1219	681		extension application may perform only the practice of cosmetology
1220	682		defined in Section 1602.002(a)(10) [1602.002(a)(11)].
1221		-	SECTION 10.~~011~~. Section 1602.259(a), Occupations Code, is
	683	+	SECTION 4.010. Section 1602.259(a), Occupations Code, is
1222	684		amended to read as follows:
1223	685		(a) A person holding a hair weaving specialty certificate
1224	686		may perform only the practice of cosmetology defined in Section
1225	687		1602.002(a)(11) [Sections 1602.002(a)(2) and (12)].
1226		-	SECTION 10.~~012~~. Section 1602.260(a), Occupations Code, is
	688	+	SECTION 4.011. Section 1602.260(a), Occupations Code, is
1227	689		amended to read as follows:
1228	690		(a) A person holding a wig specialty certificate may perform
1229	691		only the practice of cosmetology defined in Section 1602.002(a)(2)
1230	692		[1602.002(a)(3)].
1231		-	SECTION 10.~~013~~. Section 1602.261(a), Occupations Code, is
	693	+	SECTION 4.012. Section 1602.261(a), Occupations Code, is
1232	694		amended to read as follows:
1233	695		(a) A person holding a manicurist/esthetician specialty
1234	696		license may perform only the practice of cosmetology defined in
1235	697		Sections 1602.002(a)(4) through (9) [1602.002(a)(5) through (10)].
1236		-	SECTION 10.014. Section 1602.303, Occupations Code, is
1237		-	amended by amending Subsections (b) and (c) and adding Subsection
1238		-	(d) to read as follows:
1239		-	(b) An application for a private beauty culture school
1240		-	license must be accompanied by the required license fee and
1241		-	inspection fee and:
1242		-	(1) be on a form prescribed by the department;
1243		-	(2) be verified by the applicant; and
1244		-	(3) contain a statement that the building meets the
1245		-	health and safety standards established by the commission[:
1246		-	[(A) is of permanent construction and is divided
1247		-	into at least two separate areas:
1248		-	[(i) one area for instruction in theory;
1249		-	and
1250		-	[(ii) one area for clinic work;
1251		-	[(B) contains a minimum of:
1252		-	[(i) 2,800 square feet of floor space if the
1253		-	building is located in a county with a population of more than
1254		-	100,000; or
1255		-	[(ii) 1,800 square feet of floor space if
1256		-	the building is located in a county with a population of 100,000 or
1257		-	less;
1258		-	[(C) has access to permanent restrooms and
1259		-	adequate drinking fountain facilities; and
1260		-	[(D) contains, or will contain before classes
1261		-	begin, the equipment established by commission rule as sufficient
1262		-	to properly instruct a minimum of 10 students].
1263		-	(c) The applicant is entitled to a private beauty culture
1264		-	school license if:
1265		-	(1) the department determines that the applicant is
1266		-	financially sound and capable of fulfilling the school's
1267		-	commitments for training;
1268		-	(2) the applicant's facilities meet the health and
1269		-	safety standards established by the commission and pass an
1270		-	inspection conducted by the department under Section 1603.103; and
1271		-	(3) the applicant has not committed an act that
1272		-	constitutes a ground for denial of a license.
1273		-	(d) The commission may not establish building or facility
1274		-	standards that are not related to health and safety, including a
1275		-	requirement that a facility have a specific:
1276		-	(1) square footage of floor space;
1277		-	(2) number of chairs; or
1278		-	(3) number of sinks.
1279		-	SECTION 10.015. Section 1602.305(a), Occupations Code, is
	698	+	SECTION 4.013. Section 1602.305(a), Occupations Code, is
1280	699		amended to read as follows:
1281	700		(a) A person holding a specialty shop license may maintain
1282	701		an establishment in which only the practice of cosmetology as
1283	702		defined in Section 1602.002(a)(2), (5), (7), (8), or (10)
1284	703		[1602.002(a)(3), (6), (8), (9), or (11)] is performed.
1285		-	SECTION 10.~~016~~. Section 1602.354(a), Occupations Code, is
	704	+	SECTION 4.014. Section 1602.354(a), Occupations Code, is
1286	705		amended to read as follows:
1287	706		(a) The commission will by rule recognize, prepare, or
1288	707		administer continuing education programs for the practice of
1289	708		cosmetology. Participation in the programs is mandatory for all
1290	709		license renewals [other than renewal of a shampoo specialty
1291	710		certificate].
1292		-	SECTION 10.~~017~~. Section 1602.403(c), Occupations Code, is
	711	+	SECTION 4.015. Section 1602.403(c), Occupations Code, is
1293	712		amended to read as follows:
1294	713		(c) A person holding a beauty shop license or specialty shop
1295	714		license may not employ[:
1296	715		[(1)] a person as an operator or specialist or lease to
1297	716		a person who acts as an operator or specialist unless the person
1298	717		holds a license or certificate under this chapter or under Chapter
1299	718		1601[; or
1300	719		[(2) a person to shampoo or condition a person's hair
1301	720		unless the person holds a shampoo apprentice permit or student
1302	721		permit].
1303		-	SECTION 10.018. Section 1603.351, Occupations Code, is
1304		-	amended by adding Subsection (a-1) to read as follows:
1305		-	(a-1) Notwithstanding any other law, the commission may
1306		-	adopt rules to:
1307		-	(1) authorize a school licensed under this chapter,
1308		-	Chapter 1601, or Chapter 1602 to account for any hours of
1309		-	instruction completed under those chapters on the basis of clock
1310		-	hours or credit hours; and
1311		-	(2) establish standards for determining the
1312		-	equivalency and conversion of clock hours to credit hours and
1313		-	credit hours to clock hours.
1314		-	SECTION 10.019. Section 1603.352(a), Occupations Code, is
	722	+	SECTION 4.016. Section 1603.352(a), Occupations Code, is
1315	723		amended to read as follows:
1316	724		(a) A person who holds a license, certificate, or permit
1317	725		issued under this chapter, Chapter 1601, or Chapter 1602 and who
1318	726		performs a barbering service described by Section 1601.002(1)(E) or
1319	727		(F) or a cosmetology service described by Section 1602.002(a)(8) or
1320	728		(9) [1602.002(a)(9) or (10)] shall, before performing the service,
1321	729		clean, disinfect, and sterilize with an autoclave or dry heat
1322	730		sterilizer or sanitize with an ultraviolet sanitizer, in accordance
1323	731		with the sterilizer or sanitizer manufacturer's instructions, each
1324	732		metal instrument, including metal nail clippers, cuticle pushers,
1325	733		cuticle nippers, and other metal instruments, used to perform the
1326	734		service.
1327		-	SECTION 10.~~020~~. The following provisions of the Occupations
	735	+	SECTION 4.017. The following provisions of the Occupations
1328	736		Code are repealed:
1329	737		(1) Section 1601.260(c);
1330	738		(2) Section 1601.261;
1331	739		(3) Section 1601.301(c);
1332	740		(4) Section 1602.266(c);
1333	741		(5) Section 1602.267;
1334	742		(6) Section 1602.301(c); and
1335	743		(7) Section 1602.456(b-1).
1336		-	SECTION 10.~~021~~. On the effective date of this Act:
	744	+	SECTION 4.018. On the effective date of this Act:
1337	745		(1) a shampoo apprentice permit issued under former
1338	746		Section 1601.261 or 1602.267, Occupations Code, expires; and
1339	747		(2) a shampoo specialty certificate issued under
1340	748		Chapter 1602 expires.
1341		-	SECTION 10.022. As soon as practicable after the effective
1342		-	date of this Act, the Texas Commission of Licensing and Regulation
1343		-	shall adopt rules to implement Sections 1601.353 and 1602.303,
1344		-	Occupations Code, as amended by this article.
1345		-	SECTION 10.023. (a) The changes in law made by this Act to
	749	+	SECTION 4.019. (a) The changes in law made by this Act to
1346	750		Chapters 1601, 1602, and 1603, Occupations Code, do not affect the
1347	751		validity of a proceeding pending before a court or other
1348	752		governmental entity on the effective date of this Act.
1349	753		(b) An offense or other violation of law committed under
1350	754		Chapter 1601, 1602, or 1603, Occupations Code, before the effective
1351	755		date of this Act is governed by the law in effect when the offense or
1352	756		violation was committed, and the former law is continued in effect
1353	757		for that purpose. For purposes of this subsection, an offense or
1354	758		violation was committed before the effective date of this Act if any
1355	759		element of the offense or violation occurred before that date.
1356		-	ARTICLE 11. VOLUNTEER SECURITY SERVICES
1357		-	SECTION 11.001. Subchapter N, Chapter 1702, Occupations
1358		-	Code, is amended by adding Section 1702.333 to read as follows:
1359		-	Sec. 1702.333. PLACE OF RELIGIOUS WORSHIP; CERTAIN
1360		-	VOLUNTEERS. (a) In this section, "volunteer security services"
1361		-	means services or activities that are:
1362		-	(1) regulated under this chapter; and
1363		-	(2) provided without compensation or remuneration.
1364		-	(b) This chapter does not apply to a person who is providing
1365		-	volunteer security services on the premises of a church, synagogue,
1366		-	or other established place of religious worship.
1367		-	(c) While providing volunteer security services under
1368		-	Subsection (b), a person may not wear a uniform or badge that:
1369		-	(1) contains the word "security"; or
1370		-	(2) gives the person the appearance of being a peace
1371		-	officer, personal protection officer, or security officer.
1372		-	ARTICLE 12. BINGO UNIT MANAGER LICENSE
1373		-	SECTION 12.001. Section 2001.431(4), Occupations Code, is
1374		-	amended to read as follows:
1375		-	(4) "Unit manager" means an individual who is
1376		-	[licensed under this subchapter to be] responsible for the
1377		-	revenues, authorized expenses, and inventory of a unit.
1378		-	SECTION 12.002. The heading to Section 2001.437,
1379		-	Occupations Code, is amended to read as follows:
1380		-	Sec. 2001.437. UNIT MANAGER[; LICENSE].
1381		-	SECTION 12.003. Section 2001.437(c), Occupations Code, is
1382		-	amended to read as follows:
1383		-	(c) [A person may not provide services as a unit manager to
1384		-	licensed authorized organizations that form a unit unless the
1385		-	person holds a unit manager license under this subchapter.] A
1386		-	person designated as an agent under Section 2001.438(b) is not a
1387		-	unit manager on account of that designation for purposes of this
1388		-	section.
1389		-	SECTION 12.004. Sections 2001.437(d), (e), (f), and (g),
1390		-	Occupations Code, are repealed.
1391		-	SECTION 12.005. The changes in law made by this article do
1392		-	not affect the right of any individual licensed before the
1393		-	effective date of this Act to engage in the applicable occupation
1394		-	for the remainder of the term for which the license was issued.
1395		-	ARTICLE 13. AGRICULTURAL, INDUSTRIAL, AND WILDLIFE CONTROL
1396		-	FIREWORKS PERMIT
1397		-	SECTION 13.001. Section 2154.152(a), Occupations Code, is
1398		-	amended to read as follows:
1399		-	(a) A person must be a licensed distributor if the person:
1400		-	(1) imports into this state or stores, possesses, and
1401		-	sells Fireworks 1.3G to a licensed pyrotechnic operator or
1402		-	distributor or to a single public display or[,] multiple public
1403		-	display[, or agricultural, industrial, and wildlife control
1404		-	fireworks] permit holder; or
1405		-	(2) imports or stores, possesses, and sells Fireworks
1406		-	1.4G to a licensed jobber, retailer, or distributor in this state.
1407		-	SECTION 13.002. Section 2154.251(b), Occupations Code, is
1408		-	amended to read as follows:
1409		-	(b) A person may not manufacture, distribute, sell, or use
1410		-	fireworks in a public fireworks display [or for agricultural,
1411		-	industrial, or wildlife control purposes] without an appropriate
1412		-	license or permit. Fireworks manufactured, distributed, sold, or
1413		-	used without an appropriate license or permit are illegal
1414		-	fireworks.
1415		-	SECTION 13.003. Section 2154.203, Occupations Code, is
1416		-	repealed.
1417		-	ARTICLE 14. MOTOR VEHICLE TOWING, BOOTING, AND STORAGE
1418		-	SECTION 14.001. Section 2303.058, Occupations Code, is
	760	+	ARTICLE 5. MOTOR VEHICLE TOWING, BOOTING, AND STORAGE
	761	+	SECTION 5.001. Section 2303.058, Occupations Code, is
1419	762		amended to read as follows:
1420	763		Sec. 2303.058. ADVISORY BOARD. The Towing and[,] Storage[,
1421	764		and Booting] Advisory Board under Chapter 2308 shall advise the
1422	765		commission in adopting vehicle storage rules under this chapter.
1423		-	SECTION 14.002. Section 2308.002, Occupations Code, is
	766	+	SECTION 5.002. Section 2308.002, Occupations Code, is
1424	767		amended by amending Subdivisions (1) and (8-a) and adding
1425	768		Subdivisions (5-b) and (8-b) to read as follows:
1426	769		(1) "Advisory board" means the Towing and[,] Storage[,
1427	770		and Booting] Advisory Board.
1428	771		(5-b) "Local authority" means a state or local
1429	772		governmental entity authorized to regulate traffic or parking and
1430	773		includes:
1431	774		(A) an institution of higher education; and
1432	775		(B) a political subdivision, including a county,
1433	776		municipality, special district, junior college district, housing
1434	777		authority, or other political subdivision of this state.
1435	778		(8-a) "Peace officer" means a person who is a peace
1436	779		officer under Article 2.12, Code of Criminal Procedure.
1437	780		(8-b) "Private property tow" means any tow of a
1438	781		vehicle authorized by a parking facility owner without the consent
1439	782		of the owner or operator of the vehicle.
1440		-	SECTION 14.003. Effective September 1, 2018, Section
	783	+	SECTION 5.003. Effective September 1, 2018, Section
1441	784		2308.004, Occupations Code, is amended to read as follows:
1442	785		Sec. 2308.004. EXEMPTION. Sections 2308.151(b),
1443	786		2308.2085, 2308.257, and 2308.258 do [(a) This chapter does] not
1444	787		apply to:
1445	788		(1) a person who, while exercising a statutory or
1446	789		contractual lien right with regard to a vehicle:
1447	790		(A) [(1)] installs or removes a boot; or
1448	791		(B) [(2)] controls, installs, or directs the
1449	792		installation and removal of one or more boots; or[.]
1450	793		(2) [(b) This chapter does not apply to] a commercial
1451	794		office building owner or manager who installs or removes a boot in
1452	795		the building's parking facility.
1453		-	SECTION 14.004. Section 2308.051(a), Occupations Code, as
	796	+	SECTION 5.004. Section 2308.051(a), Occupations Code, as
1454	797		amended by Chapters 457 (H.B. 2548) and 845 (S.B. 2153), Acts of the
1455	798		81st Legislature, Regular Session, 2009, is reenacted and amended
1456	799		to read as follows:
1457	800		(a) The advisory board consists of the following members
1458	801		appointed by the presiding officer of the commission with the
1459	802		approval of the commission:
1460	803		(1) one representative of a towing company operating
1461	804		in a county with a population of less than one million;
1462	805		(2) one representative of a towing company operating
1463	806		in a county with a population of one million or more;
1464	807		(3) one representative [owner] of a vehicle storage
1465	808		facility located in a county with a population of less than one
1466	809		million;
1467	810		(4) one representative [owner] of a vehicle storage
1468	811		facility located in a county with a population of one million or
1469	812		more;
1470	813		(5) one parking facility representative [owner];
1471	814		(6) one peace officer [law enforcement officer] from a
1472	815		county with a population of less than one million;
1473	816		(7) one peace officer [law enforcement officer] from a
1474	817		county with a population of one million or more;
1475	818		(8) one representative of a member insurer, as defined
1476	819		by Section 462.004, Insurance Code, of the Texas Property and
1477	820		Casualty Insurance Guaranty Association who writes [property and
1478	821		casualty insurers who write] automobile insurance in this state;
1479	822		and
1480	823		[(9) one representative of a booting company]
1481	824		(9) one person who operates both a towing company and a
1482	825		vehicle storage facility [public member].
1483		-	SECTION 14.005. Effective September 1, 2018, Section
	826	+	SECTION 5.005. Effective September 1, 2018, Section
1484	827		2308.151, Occupations Code, is amended to read as follows:
1485	828		Sec. 2308.151. LICENSE OR LOCAL AUTHORIZATION REQUIRED.
1486	829		(a) Unless the person holds an appropriate license under this
1487	830		subchapter, a person may not:
1488	831		(1) perform towing operations; or
1489	832		(2) operate a towing company.[;]
1490	833		(b) Unless prohibited by a local authority under Section
1491	834		2308.2085, a person may:
1492	835		(1) [(3)] perform booting operations; and [or]
1493	836		(2) [(4)] operate a booting company.
1494		-	SECTION 14.006. Section 2308.205(a), Occupations Code, is
	837	+	SECTION 5.006. Section 2308.205(a), Occupations Code, is
1495	838		amended to read as follows:
1496	839		(a) A towing company that makes a nonconsent tow shall tow
1497	840		the vehicle to a vehicle storage facility that is operated by a
1498	841		person who holds a license to operate the facility under Chapter
1499	842		2303, unless:
1500	843		(1) the towing company agrees to take the vehicle to a
1501	844		location designated by the vehicle's owner; or
1502	845		(2) the vehicle is towed under Section 2308.259(b).
1503		-	SECTION 14.007. Section 2308.2085, Occupations Code, is
	846	+	SECTION 5.007. Section 2308.2085, Occupations Code, is
1504	847		amended to read as follows:
1505	848		Sec. 2308.2085. LOCAL AUTHORITY REGULATION OF [MUNICIPAL
1506	849		ORDINANCE REGULATING] BOOTING ACTIVITIES [COMPANIES AND
1507	850		OPERATORS]. (a) A local authority [municipality] may regulate, in
1508	851		areas in which the entity regulates parking or traffic, [adopt an
1509	852		ordinance that is identical to the] booting activities, including:
1510	853		(1) operation of booting companies and operators that
1511	854		operate on a parking facility;
1512	855		(2) any permit and sign requirements in connection
1513	856		with the booting of a vehicle; and
1514	857		(3) [provisions in this chapter or that imposes
1515	858		additional requirements that exceed the minimum standards of the
1516	859		booting provisions in this chapter but may not adopt an ordinance
1517	860		that conflicts with the booting provisions in this chapter.
1518	861		[(b) A municipality may regulate the] fees that may be
1519	862		charged in connection with the booting of a vehicle[, including
1520	863		associated parking fees].
1521	864		(b) Regulations adopted under this section must:
1522	865		(1) incorporate the requirements of Sections 2308.257
1523	866		and 2308.258;
1524	867		(2) include procedures for vehicle owners and
1525	868		operators to file a complaint with the local authority regarding a
1526		-	booting company or operator; ~~and~~
	869	+	booting company or operator;
1527	870		(3) provide for the imposition of a penalty on a
1528		-	booting company or operator for a violation of Section 2308.258
1529		-	[(c) A municipality may require booting companies to obtain a
1530		-	permit to operate in the municipality].
1531		-	SECTION 14.008. Section 2308.255, Occupations Code, is
	871	+	booting company or operator for a violation of Section 2308.258;
	872	+	and
	873	+	(4) provide for the revocation of any permit, license,
	874	+	or other authority of a booting company or operator to boot vehicles
	875	+	if the company or operator violates Section 2308.258 more than
	876	+	twice in a five-year period [(c) A municipality may require
	877	+	booting companies to obtain a permit to operate in the
	878	+	municipality].
	879	+	SECTION 5.008. Section 2308.255, Occupations Code, is
1532	880		amended to read as follows:
1533	881		Sec. 2308.255. TOWING COMPANY'S [OR BOOT OPERATOR'S]
1534	882		AUTHORITY TO TOW [REMOVE] AND STORE [OR BOOT] UNAUTHORIZED VEHICLE.
1535	883		(a) A towing company [that is insured as provided by Subsection
1536	884		(c)] may, without the consent of an owner or operator of an
1537	885		unauthorized vehicle, tow the vehicle to [remove] and store the
1538	886		vehicle at a vehicle storage facility at the expense of the owner or
1539	887		operator of the vehicle if:
1540	888		(1) the towing company has received written
1541	889		verification from the parking facility owner that:
1542	890		(A) [the parking facility owner has installed]
1543	891		the signs required by Section 2308.252(a)(1) are posted; or
1544	892		(B) the owner or operator received notice under
1545	893		Section 2308.252(a)(2) or the parking facility owner gave notice
1546	894		complying with Section 2308.252(a)(3); or
1547	895		(2) on request the parking facility owner provides to
1548	896		the owner or operator of the vehicle information on the name of the
1549	897		towing company and vehicle storage facility that will be used to tow
1550	898		[remove] and store the vehicle and the vehicle is:
1551	899		(A) left in violation of Section 2308.251;
1552	900		(B) in or obstructing a portion of a paved
1553	901		driveway; or
1554	902		(C) on a public roadway used for entering or
1555	903		exiting the facility and the tow [removal] is approved by a peace
1556	904		officer.
1557	905		(b) A towing company may not tow [remove] an unauthorized
1558	906		vehicle except under:
1559	907		(1) this chapter;
1560	908		(2) a municipal ordinance that complies with Section
1561	909		2308.208; or
1562	910		(3) the direction of:
1563	911		(A) a peace officer; or
1564	912		(B) the owner or operator of the vehicle.
1565	913		(c) Only a towing company that is insured against liability
1566	914		for property damage incurred in towing a vehicle may tow [remove]
1567	915		and store an unauthorized vehicle under this section.
1568	916		(d) A towing company may tow [remove] and store a vehicle
1569	917		under Subsection (a) [and a boot operator may boot a vehicle under
1570	918		Section 2308.257] only if the parking facility owner:
1571	919		(1) requests that the towing company tow [remove] and
1572	920		store [or that the boot operator boot] the specific vehicle; or
1573	921		(2) has a standing written agreement with the towing
1574	922		company [or boot operator] to enforce parking restrictions in the
1575	923		parking facility.
1576	924		(e) When a tow truck is used for a nonconsent tow authorized
1577	925		by a peace officer under Section 545.3051, Transportation Code, the
1578	926		operator of the tow truck and the towing company are agents of the
1579	927		law enforcement agency and are subject to Section 545.3051(e),
1580	928		Transportation Code.
1581		-	SECTION 14.009. Section 2308.257(b), Occupations Code, is
1582		-	amended to read as follows:
	929	+	SECTION 5.009. Section 2308.257, Occupations Code, is
	930	+	amended by amending Subsection (b) and adding Subsection (b-1) to
	931	+	read as follows:
1583	932		(b) A boot operator that installs a boot on a vehicle must
1584	933		affix a conspicuous notice to the vehicle's front windshield or
1585	934		driver's side window stating:
1586	935		(1) that the vehicle has been booted and damage may
1587	936		occur if the vehicle is moved;
1588	937		(2) the date and time the boot was installed;
1589	938		(3) the name, address, and telephone number of the
1590	939		booting company;
1591	940		(4) a telephone number that is answered 24 hours a day
1592	941		to enable the owner or operator of the vehicle to arrange for
1593	942		removal of the boot;
1594	943		(5) the amount of the fee for removal of the boot and
1595	944		any associated parking fees; [and]
1596	945		(6) notice of the right of a vehicle owner or vehicle
1597	946		operator to a hearing under Subchapter J; and
1598	947		(7) in the manner prescribed by the local authority,
1599	948		notice of the procedure to file a complaint with the local authority
1600	949		for violation of this chapter by a boot operator.
1601		-	SECTION 14.010. Subchapter F, Chapter 2308, Occupations
	950	+	(b-1) No more than one boot may be installed on a vehicle at
	951	+	any time.
	952	+	SECTION 5.010. Subchapter F, Chapter 2308, Occupations
1602	953		Code, is amended by adding Sections 2308.258 and 2308.259 to read as
1603	954		follows:
1604	955		Sec. 2308.258. BOOT REMOVAL. (a) A booting company
1605	956		responsible for the installation of a boot on a vehicle shall remove
1606	957		the boot not later than one hour after the time the owner or
1607	958		operator of the vehicle contacts the company to request removal of
1608	959		the boot.
1609	960		(b) A booting company shall waive the amount of the fee for
1610	961		removal of a boot, excluding any associated parking fees, if the
1611	962		company fails to have the boot removed within the time prescribed by
1612	963		Subsection (a).
1613		-	(c) A booting company responsible for the installation of
1614		-	more than one boot on a vehicle may not charge a total amount for the
1615		-	removal of the boots that is greater than the amount of the fee for
1616		-	the removal of a single boot.
1617	964		Sec. 2308.259. TOWING COMPANY'S AUTHORITY TO TOW VEHICLE
1618	965		FROM UNIVERSITY PARKING FACILITY. (a) In this section:
1619	966		(1) "Special event" means a university-sanctioned,
1620	967		on-campus activity, including parking lot maintenance.
1621	968		(2) "University" means:
1622	969		(A) a public senior college or university, as
1623	970		defined by Section 61.003, Education Code; or
1624	971		(B) a private or independent institution of
1625	972		higher education, as defined by Section 61.003, Education Code.
1626	973		(b) Subject to Subsection (c), an individual designated by a
1627	974		university may, to facilitate a special event, request that a
1628	975		vehicle parked at a university parking facility be towed to another
1629	976		location on the university campus.
1630	977		(c) A vehicle may not be towed under Subsection (b) unless
1631	978		signs complying with this section are installed on the parking
1632	979		facility for the 72 hours preceding towing enforcement for the
1633	980		special event and for 48 hours after the conclusion of the special
1634	981		event.
1635	982		(d) Each sign required under Subsection (c) must:
1636	983		(1) contain:
1637	984		(A) a statement of:
1638	985		(i) the nature of the special event; and
1639	986		(ii) the dates and hours of towing
1640	987		enforcement; and
1641	988		(B) the number, including the area code, of a
1642	989		telephone that is answered 24 hours a day to identify the location
1643	990		of a towed vehicle;
1644	991		(2) face and be conspicuously visible to the driver of
1645	992		a vehicle that enters the facility;
1646	993		(3) be located:
1647	994		(A) on the right or left side of each driveway or
1648	995		curb-cut through which a vehicle can enter the facility, including
1649	996		an entry from an alley abutting the facility; or
1650	997		(B) at intervals along the entrance so that no
1651	998		entrance is farther than 25 feet from a sign if:
1652	999		(i) curbs, access barriers, landscaping, or
1653	1000		driveways do not establish definite vehicle entrances onto a
1654	1001		parking facility from a public roadway other than an alley; and
1655	1002		(ii) the width of an entrance exceeds 35
1656	1003		feet;
1657	1004		(4) be made of weather-resistant material;
1658	1005		(5) be at least 18 inches wide and 24 inches tall;
1659	1006		(6) be mounted on a pole, post, wall, or free-standing
1660	1007		board; and
1661	1008		(7) be installed so that the bottom edge of the sign is
1662	1009		no lower than two feet and no higher than six feet above ground
1663	1010		level.
1664	1011		(e) If a vehicle is towed under Subsection (b), personnel
1665	1012		must be available to:
1666	1013		(1) release the vehicle within two hours after a
1667	1014		request for release of the vehicle; and
1668	1015		(2) accept any payment required for the release of the
1669	1016		vehicle.
1670	1017		(f) A university may not charge a fee for a tow under
1671	1018		Subsection (b) that exceeds 75 percent of the private property tow
1672	1019		fee established under Section 2308.0575.
1673	1020		(g) A vehicle towed under Subsection (b) that is not claimed
1674	1021		by the vehicle owner or operator within 48 hours after the
1675	1022		conclusion of the special event may only be towed:
1676	1023		(1) without further expense to the vehicle owner or
1677	1024		operator; and
1678	1025		(2) to another location on the university campus.
1679	1026		(h) The university must notify the owner or operator of a
1680	1027		vehicle towed under Subsection (b) of the right of the vehicle owner
1681	1028		or operator to a hearing under Subchapter J.
1682		-	SECTION 14.011. The heading to Subchapter I, Chapter 2308,
	1029	+	SECTION 5.011. The heading to Subchapter I, Chapter 2308,
1683	1030		Occupations Code, is amended to read as follows:
1684	1031		SUBCHAPTER I. REGULATION OF TOWING COMPANIES[, BOOTING COMPANIES,]
1685	1032		AND PARKING FACILITY OWNERS
1686		-	SECTION 14.012. (a) The following provisions of the
	1033	+	SECTION 5.012. (a) The following provisions of the
1687	1034		Occupations Code are repealed:
1688	1035		(1) Section 2308.002(9); and
1689	1036		(2) Section 2308.103(d).
1690	1037		(b) Effective September 1, 2018, Sections 2308.1555 and
1691	1038		2308.1556, Occupations Code, are repealed.
1692		-	SECTION 14.013. (a) On September 1, 2018, a license issued
	1039	+	SECTION 5.013. (a) On September 1, 2018, a license issued
1693	1040		under former Section 2308.1555 or 2308.1556, Occupations Code,
1694	1041		expires.
1695	1042		(b) The changes in law made by this article to Section
1696	1043		2308.051(a), Occupations Code, regarding the qualifications for a
1697	1044		member of the Towing and Storage Advisory Board do not affect the
1698	1045		entitlement of a member serving on the board immediately before the
1699	1046		effective date of this article to continue to serve and function as
1700	1047		a member of the board for the remainder of the member's term. When
1701	1048		board vacancies occur on or after the effective date of this
1702	1049		article, the presiding officer of the Texas Commission of Licensing
1703	1050		and Regulation shall appoint new members to the board in a manner
1704	1051		that reflects the changes in law made by this article.
1705	1052		(c) The changes in law made by this article to Section
1706	1053		2308.255, Occupations Code, do not apply to the booting of a vehicle
1707	1054		pursuant to a standing written agreement between a booting company
1708	1055		and a parking facility owner entered into before the effective date
1709	1056		of this article. The booting of a vehicle pursuant to a standing
1710	1057		written agreement entered into before the effective date of this
1711	1058		article is governed by the law as it existed immediately before the
1712	1059		effective date of this article, and that law is continued in effect
1713	1060		for that purpose.
1714		-	SECTION 14.014. Except as otherwise provided by this
	1061	+	SECTION 5.014. Except as otherwise provided by this
1715	1062		article, this article takes effect immediately if this Act receives
1716	1063		a vote of two-thirds of all the members elected to each house, as
1717	1064		provided by Section 39, Article III, Texas Constitution. If this
1718	1065		Act does not receive the vote necessary for immediate effect, this
1719	1066		article takes effect September 1, 2017.
1720		-	ARTICLE 15. CERTAIN LOCAL TRANSPORTATION ENTITIES AND CONTRACTS
1721		-	SECTION 15.001. (a) This article applies only to a county
1722		-	board of education, board of county trustees, or office of county
1723		-	school superintendent that provides transportation services in a
1724		-	county with a population of 2.2 million or more.
1725		-	(b) If on the effective date of this Act there is an existing
1726		-	contract for transportation services to which a county board of
1727		-	education, board of county trustees, or office of county school
1728		-	superintendent is a party, it shall be wound down in the manner
1729		-	described by Subsections (c)-(r) of this section.
1730		-	(c) Each county board of education, board of county school
1731		-	trustees, and office of county school superintendent in a county
1732		-	with a population of 2.2 million or more and that is adjacent to a
1733		-	county with a population of more than 800,000 is abolished
1734		-	effective November 15, 2017, unless the continuation of the county
1735		-	board of education, board of county school trustees, and office of
1736		-	county school superintendent is approved by a majority of voters at
1737		-	an election held on the November 2017 uniform election date in the
1738		-	county in which the county board of education, board of county
1739		-	school trustees, and office of county school superintendent are
1740		-	located. Subsections (d)-(s) of this section do not take effect in
1741		-	a county if the continuation of the county board of education, board
1742		-	of county school trustees, and office of county school
1743		-	superintendent is approved at the election held in the county under
1744		-	this subsection.
1745		-	(d) Not later than November 15, 2017, a dissolution
1746		-	committee shall be formed for each county board of education or
1747		-	board of county school trustees to be abolished as provided by
1748		-	Subsection (c) of this section. The dissolution committee is
1749		-	responsible for all financial decisions for each county board of
1750		-	education or board of county school trustees abolished by this Act,
1751		-	including asset distribution and payment of all debt obligations.
1752		-	(e) A dissolution committee required by this Act shall be
1753		-	appointed by the comptroller and include:
1754		-	(1) one financial advisor;
1755		-	(2) the superintendent of the participating component
1756		-	school district with the largest number of students in average
1757		-	daily attendance or the superintendent's designee;
1758		-	(3) one certified public accountant;
1759		-	(4) one auditor who holds a license or other
1760		-	professional credential; and
1761		-	(5) one bond counsel who holds a license or other
1762		-	professional credential.
1763		-	(f) A dissolution committee created under this Act is
1764		-	subject to the open meetings requirements under Chapter 551,
1765		-	Government Code, and public information requirements under Chapter
1766		-	552, Government Code.
1767		-	(g) Members of a dissolution committee may not receive
1768		-	compensation but are entitled to reimbursement for actual and
1769		-	necessary expenses incurred in performing the functions of the
1770		-	dissolution committee.
1771		-	(h) Subject to the other requirements of this Act, the
1772		-	dissolution committee shall determine the manner in which all
1773		-	assets, liabilities, contracts, and services of the county board of
1774		-	education or board of county school trustees abolished by this Act
1775		-	are divided, transferred, or discontinued. The dissolution
1776		-	committee shall create a sinking fund to deposit all money received
1777		-	in the abolishment of each county board of education or board of
1778		-	county school trustees for the payment of all debts of the county
1779		-	board of education or board of county school trustees.
1780		-	(i) The dissolution committee shall continue providing
1781		-	transportation services to participating component school
1782		-	districts for the 2017-2018 school year. The dissolution committee
1783		-	shall maintain current operations and personnel needed to provide
1784		-	the transportation services.
1785		-	(j) At the end of the 2017-2018 school year all school
1786		-	buses, vehicles, and bus service centers shall be transferred to
1787		-	participating component school districts in proportionate shares
1788		-	equal to the proportion that the membership in each district bears
1789		-	to total membership in the county as of September 1, 2018, at no
1790		-	cost to the districts.
1791		-	(k) The dissolution committee may employ for the 2017-2018
1792		-	school year one person to assist in the abolishment of the county
1793		-	board of education or board of county school trustees.
1794		-	(l) On November 15, 2017, the participating component
1795		-	school district with the largest number of students in average
1796		-	daily attendance has the right of first refusal to buy, at fair
1797		-	market value, the administrative building of the county board of
1798		-	education or board of county school trustees.
1799		-	(m) An ad valorem tax assessed by a county board of
1800		-	education or board of county school trustees shall continue to be
1801		-	assessed by the county on behalf of the board for the purpose of
1802		-	paying the principal of and interest on any bonds issued by the
1803		-	county board of education or board of county school trustees until
1804		-	all bonds are paid in full. This subsection applies only to a bond
1805		-	issued before the effective date of this Act for which the tax
1806		-	receipts were obligated. On payment of all bonds issued by the
1807		-	county board of education or board of county school trustees the ad
1808		-	valorem tax may not be assessed.
1809		-	(n) In the manner provided by rule of the commissioner of
1810		-	education, the county shall collect and use any delinquent taxes
1811		-	imposed by or on behalf of the county board of education or board of
1812		-	county school trustees.
1813		-	(o) The dissolution committee shall distribute the assets
1814		-	remaining after discharge of the liabilities of the county board of
1815		-	education or board of county school trustees to the component
1816		-	school districts in the county in proportionate shares equal to the
1817		-	proportion that the membership in each district bears to total
1818		-	membership in the county as of September 1, 2017. The dissolution
1819		-	committee shall liquidate board assets as necessary to discharge
1820		-	board liabilities and facilitate the distribution of assets. A
1821		-	person authorized by the dissolution committee shall execute any
1822		-	documents necessary to complete the transfer of assets,
1823		-	liabilities, or contracts.
1824		-	(p) The dissolution committee shall encourage the component
1825		-	school districts to:
1826		-	(1) continue sharing services received through the
1827		-	county board of education or board of county school trustees; and
1828		-	(2) give preference to private sector contractors to
1829		-	continue services provided by the county board of education or
1830		-	board of county school trustees.
1831		-	(q) The chief financial officer and financial advisor for
1832		-	the county board of education or board of county school trustees
1833		-	shall provide assistance to the dissolution committee in abolishing
1834		-	the county board of education or board of county school trustees.
1835		-	(r) The Texas Education Agency shall provide assistance to a
1836		-	dissolution committee in the distribution of assets, liabilities,
1837		-	contracts, and services of a county board of education or board of
1838		-	county school trustees abolished by this Act.
1839		-	(s) Any dissolution committee created as provided by this
1840		-	Act is abolished on the date all debt obligations of the county
1841		-	board of education or board of county school trustees are paid in
1842		-	full and all assets distributed to component school districts.
1843		-	SECTION 15.002. Chapter 266 (S.B. 394), Acts of the 40th
1844		-	Legislature, Regular Session, 1927 (Article 2700a, Vernon's Texas
1845		-	Civil Statutes), is repealed.
1846		-	ARTICLE 16. REGISTRATION OF MARKS
1847		-	SECTION 16.001. Section 16.051(a), Business & Commerce
1848		-	Code, is amended to read as follows:
1849		-	(a) A mark that distinguishes an applicant's goods or
1850		-	services from those of others is registrable unless the mark:
1851		-	(1) consists of or comprises matter that is immoral,
1852		-	deceptive, or scandalous;
1853		-	(2) consists of or comprises matter that may
1854		-	disparage, falsely suggest a connection with, or bring into
1855		-	contempt or disrepute:
1856		-	(A) a person, whether living or dead;
1857		-	(B) an institution;
1858		-	(C) a belief; or
1859		-	(D) a national symbol;
1860		-	(3) depicts, comprises, or simulates the flag, the
1861		-	coat of arms, the seal, the geographic outline, or other insignia
1862		-	of:
1863		-	(A) the United States;
1864		-	(B) a state;
1865		-	(C) a municipality; or
1866		-	(D) a foreign nation;
1867		-	(4) consists of or comprises the name, signature, or
1868		-	portrait of a particular living individual who has not consented in
1869		-	writing to the mark's registration;
1870		-	(5) when used on or in connection with the applicant's
1871		-	goods or services:
1872		-	(A) is merely descriptive or deceptively
1873		-	misdescriptive of the applicant's goods or services; or
1874		-	(B) is primarily geographically descriptive or
1875		-	deceptively misdescriptive of the applicant's goods or services;
1876		-	(6) is primarily merely a surname; or
1877		-	(7) is likely to cause confusion or mistake, or to
1878		-	deceive, because, when used on or in connection with the
1879		-	applicant's goods or services, it resembles:
1880		-	(A) a mark registered in this state; or
1881		-	(B) an unabandoned mark registered with the
1882		-	United States Patent and Trademark Office.
1883		-	ARTICLE 17. CONFLICT OF LAW; EFFECTIVE DATE
1884		-	SECTION 17.001. To the extent of any conflict, this Act
	1067	+	ARTICLE 6. CONFLICT OF LAW; EFFECTIVE DATE
	1068	+	SECTION 6.001. To the extent of any conflict, this Act
1885	1069		prevails over another Act of the 85th Legislature, Regular Session,
1886	1070		2017, relating to nonsubstantive additions to and corrections in
1887	1071		enacted codes.
1888		-	SECTION 17.002. To the extent of any conflict, Sections
1889		-	1601.353 and 1602.303, Occupations Code, as amended by this Act,
1890		-	prevail over another Act of the 85th Legislature, Regular Session,
1891		-	2017.
1892		-	SECTION 17.003. It is the intent of the 85th Legislature,
1893		-	Regular Session, 2017, that the amendments made by this Act to
1894		-	Section 17.46(b), Business & Commerce Code, be harmonized as
1895		-	provided by Section 311.025(b), Government Code, as if the
1896		-	amendments were enacted without reference to each other.
1897		-	SECTION 17.004. Except as otherwise provided by this Act,
	1072	+	SECTION 6.002. This Act takes effect only if a specific
	1073	+	appropriation for the implementation of the Act is provided in a
	1074	+	general appropriations act of the 85th Legislature.
	1075	+	SECTION 6.003. Except as otherwise provided by this Act,
1898	1076		this Act takes effect September 1, 2017.
1899		-	______________________________ ______________________________
1900		-	President of the Senate Speaker of the House
1901		-	I hereby certify that S.B. No. 2065 passed the Senate on
1902		-	April 24, 2017, by the following vote: Yeas 30, Nays 0;
1903		-	May 25, 2017, Senate refused to concur in House amendments and
1904		-	requested appointment of Conference Committee; May 26, 2017, House
1905		-	granted request of the Senate; May 28, 2017, Senate adopted
1906		-	Conference Committee Report by the following vote: Yeas 30,
1907		-	Nays 1.
1908		-	______________________________
1909		-	Secretary of the Senate
1910		-	I hereby certify that S.B. No. 2065 passed the House, with
1911		-	amendments, on May 23, 2017, by the following vote: Yeas 131,
1912		-	Nays 12, two present not voting; May 26, 2017, House granted
1913		-	request of the Senate for appointment of Conference Committee;
1914		-	May 28, 2017, House adopted Conference Committee Report by the
1915		-	following vote: Yeas 145, Nays 0, two present not voting.
1916		-	______________________________
1917		-	Chief Clerk of the House
1918		-	Approved:
1919		-	______________________________
1920		-	Date
1921		-	______________________________
1922		-	Governor