Texas 2019 - 86th Regular

Texas House Bill HB2233 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~86R20969~~ TSR-F
	1	+	86R8644 TSR-F
2	2		By: White H.B. No. 2233
3		-	Substitute the following for H.B. No. 2233:
4		-	By: Allen C.S.H.B. No. 2233
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the eligibility for certain occupational licenses and
10	8		the use of a person's criminal history as grounds for certain
11	9		actions related to the license.
12	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	11		SECTION 1. Section 202.253(a-1), Occupations Code, is
14	12		amended to read as follows:
15	13		(a-1) The commission or department may refuse to admit a
16	14		person to an examination, and may refuse to issue a license to
17	15		practice podiatry to a person, for:
18	16		(1) presenting a license, certificate, or diploma that
19	17		was illegally or fraudulently obtained or engaging in fraud or
20	18		deception in passing the examination;
21	19		(2) being convicted of[:
22	20		[(A) a felony;
23	21		[(B) a crime that involves moral turpitude; or
24	22		[(C)] an offense under Section 202.606;
25	23		(3) engaging in habits of intemperance or drug
26	24		addiction that in the department's opinion would endanger the
27	25		health, well-being, or welfare of patients;
28	26		(4) engaging in grossly unprofessional or
29	27		dishonorable conduct of a character that in the department's
30	28		opinion is likely to deceive or defraud the public;
31	29		(5) directly or indirectly violating or attempting to
32	30		violate this chapter or a rule adopted under this chapter as a
33	31		principal, accessory, or accomplice;
34	32		(6) using any advertising statement of a character
35	33		tending to mislead or deceive the public;
36	34		(7) advertising professional superiority or the
37	35		performance of professional service in a superior manner;
38	36		(8) purchasing, selling, bartering, or using or
39	37		offering to purchase, sell, barter, or use a podiatry degree,
40	38		license, certificate, diploma, or a transcript of a license,
41	39		certificate, or diploma, in or incident to an application for a
42	40		license to practice podiatry;
43	41		(9) altering, with fraudulent intent, a podiatry
44	42		license, certificate, diploma, or a transcript of a podiatry
45	43		license, certificate, or diploma;
46	44		(10) using a podiatry license, certificate, or
47	45		diploma, or a transcript of a podiatry license, certificate, or
48	46		diploma, that has been fraudulently purchased, issued,
49	47		counterfeited, or materially altered;
50	48		(11) impersonating, or acting as proxy for, another
51	49		person in a podiatry license examination;
52	50		(12) impersonating a license holder, or permitting
53	51		another person to use the license holder's license to practice
54	52		podiatry in this state, to treat or offer to treat, by any method,
55	53		conditions and ailments of human feet;
56	54		(13) directly or indirectly employing a person whose
57	55		license to practice podiatry has been suspended or associating in
58	56		the practice of podiatry with a person whose license to practice
59	57		podiatry has been suspended or who has been convicted of the
60	58		unlawful practice of podiatry in this state or elsewhere;
61	59		(14) wilfully making in the application for a license
62	60		to practice podiatry a material misrepresentation or material
63	61		untrue statement;
64	62		(15) being unable to practice podiatry with reasonable
65	63		skill and safety to a patient because of age, illness, drunkenness,
66	64		or excessive use of drugs, narcotics, chemicals, or other
67	65		substances or as a result of a mental or physical condition;
68	66		(16) failing to practice podiatry in an acceptable
69	67		manner consistent with public health and welfare;
70	68		(17) being removed, suspended, or disciplined in
71	69		another manner by the podiatrist's peers in a professional podiatry
72	70		association or society, whether local, regional, state, or national
73	71		in scope, or being disciplined by a licensed hospital or the medical
74	72		staff of a hospital, including removal, suspension, limitation of
75	73		hospital privileges, or other disciplinary action, if the
76	74		commission or department determines that the action was:
77	75		(A) based on unprofessional conduct or
78	76		professional incompetence likely to harm the public; and
79	77		(B) appropriate and reasonably supported by
80	78		evidence submitted to the association, society, hospital, or
81	79		medical staff; or
82	80		(18) having repeated or recurring meritorious health
83	81		care liability claims filed against the podiatrist that in
84	82		the commission's or department's opinion are evidence of
85	83		professional incompetence likely to injure the public.
86	84		SECTION 2. Section 203.404(a), Occupations Code, is amended
87	85		to read as follows:
88	86		(a) The commission or executive director may discipline a
89	87		licensed midwife, refuse to renew a midwife's license, or refuse to
90	88		issue a license to an applicant if the person:
91	89		(1) violates this chapter or a rule adopted under this
92	90		chapter;
93	91		(2) submits false or misleading information to the
94	92		department;
95	93		(3) [is convicted of a misdemeanor involving moral
96	94		turpitude or a felony;
97	95		[(4)] uses alcohol or drugs intemperately;
98	96		(4) [(5)] engages in unprofessional or dishonorable
99	97		conduct that may reasonably be determined to deceive or defraud the
100	98		public;
101	99		(5) [(6)] is unable to practice midwifery with
102	100		reasonable skill and safety because of illness, disability, or
103	101		psychological impairment;
104	102		(6) [(7)] is determined by a court judgment to be
105	103		mentally impaired;
106	104		(7) [(8)] submits a birth or death certificate known
107	105		by the person to be false or fraudulent or engages in another act
108	106		that violates Title 3, Health and Safety Code, or a rule adopted
109	107		under that title;
110	108		(8) [(9)] violates Chapter 244, Health and Safety
111	109		Code, or a rule adopted under that chapter; or
112	110		(9) [(10)] fails to practice midwifery in a manner
113	111		consistent with the public health and safety.
114	112		SECTION 3. Sections 802.107(a) and (b), Occupations Code,
115	113		are amended to read as follows:
116	114		(a) The department shall deny issuance of a license to, or
117	115		refuse to renew the license of, a person if the person or a
118	116		controlling person of the dog or cat breeder has pled guilty or nolo
119	117		contendere to, been convicted of, or received deferred adjudication
120	118		for animal cruelty or neglect in this state or any other
121	119		jurisdiction in the five years preceding the person's initial or
122	120		renewal application for a license.
123		-	(b) The [department shall revoke a] license of a person is
124		-	revoked by operation of law if, after the license is issued, the
125		-	person or a controlling person of the dog or cat breeder pleads
	121	+	(b) A [The department shall revoke a] license issued under
	122	+	this chapter is revoked in the manner provided by Section 802.108
	123	+	if, after the license is issued, the licensed breeder [person] or a
	124	+	controlling person of the licensed [dog or cat] breeder pleads
126	125		guilty or nolo contendere to, is convicted of, or receives deferred
127	126		adjudication for animal cruelty or neglect in this state or any
128	127		other jurisdiction.
129		-	SECTION 4. Section 1305.152(a), Occupations Code, is
	128	+	SECTION 4. Subchapter C, Chapter 802, Occupations Code, is
	129	+	amended by adding Section 802.108 to read as follows:
	130	+	Sec. 802.108. REQUIRED REVOCATION FOR CERTAIN OFFENSES;
	131	+	PROCEDURE. (a) On discovery by the department that a licensed
	132	+	breeder or a controlling person of the licensed breeder has been
	133	+	convicted of, entered a plea of nolo contendere or guilty to, or
	134	+	received deferred adjudication for an offense described by Section
	135	+	802.107(b), the department shall notify the licensed breeder that
	136	+	the breeder is disqualified from holding a license under this
	137	+	chapter and that the license will be revoked.
	138	+	(b) The notice must:
	139	+	(1) include a brief summary of the grounds for
	140	+	disqualification; and
	141	+	(2) inform the licensed breeder of the right to a
	142	+	hearing to contest the revocation.
	143	+	(c) Not later than the 20th day after the date the licensed
	144	+	breeder receives the notice of revocation under this section, the
	145	+	breeder may submit a written request for a hearing to contest the
	146	+	revocation.
	147	+	(d) If the licensed breeder does not request a hearing
	148	+	within the period prescribed by Subsection (c), the department
	149	+	shall:
	150	+	(1) enter an order revoking the license; and
	151	+	(2) notify the breeder of the order.
	152	+	(e) If the licensed breeder requests a hearing within the
	153	+	period prescribed by Subsection (c), the State Office of
	154	+	Administrative Hearings shall conduct the hearing.
	155	+	(f) Based on the findings from the hearing, the department
	156	+	shall:
	157	+	(1) determine whether the licensed breeder is
	158	+	disqualified from holding a license under this chapter based on the
	159	+	grounds described by Subsection (a); and
	160	+	(2) if the department determines that the licensed
	161	+	breeder is disqualified:
	162	+	(A) enter an order revoking the license; and
	163	+	(B) notify the breeder of the order.
	164	+	(g) Notwithstanding Chapter 2001, Government Code, a
	165	+	determination under Subsection (f) is not subject to judicial
	166	+	review.
	167	+	(h) If the conviction, plea, or grant of deferred
	168	+	adjudication that is the basis for a revocation under this section
	169	+	is vacated, set aside, or otherwise overturned on appeal, the
	170	+	former licensed breeder may apply to the department for issuance of
	171	+	a new license.
	172	+	SECTION 5. Section 1305.152(a), Occupations Code, is
130	173		amended to read as follows:
131	174		(a) An applicant for a license under this chapter must:
132	175		(1) submit to the department a completed application
133	176		on a form prescribed by the executive director;
134	177		(2) submit to the department any other information
135	178		required by executive director rule;
136	179		(3) demonstrate to the satisfaction of the executive
137	180		director the appropriate amount of electrical work experience as
138	181		required by this subchapter; and
139	182		(4) [demonstrate the applicant's honesty,
140	183		trustworthiness, and integrity; and
141	184		[(5)] pay the application and examination fees.
142		-	SECTION 5. Section 1802.052(a), Occupations Code, is
	185	+	SECTION 6. Section 1802.052(a), Occupations Code, is
143	186		amended to read as follows:
144	187		(a) An individual is eligible for an auctioneer's license if
145	188		the individual:
146	189		(1) is at least 18 years of age;
147	190		(2) is a citizen of the United States or a legal alien;
148	191		(3) either:
149	192		(A) passes a written or oral examination
150	193		demonstrating knowledge of the auction business and of the laws of
151	194		this state relating to the auction business; or
152	195		(B) shows proof of employment by a licensed
153	196		auctioneer for at least two years and participation in at least 10
154	197		auctions during that employment;
155	198		(4) holds a high school diploma or a high school
156	199		equivalency certificate; and
157	200		(5) [has not been convicted of a felony during the five
158	201		years preceding the date of application; and
159	202		[(6)] has completed at least 80 hours of classroom
160	203		instruction at an auction school with a curriculum approved by the
161	204		department in accordance with the standards and procedures
162	205		established by rule adopted under this chapter.
163		-	SECTION 6. Section 203.404(a), Occupations Code, as amended
	206	+	SECTION 7. Section 203.404(a), Occupations Code, as amended
164	207		by this Act, applies only to a disciplinary action taken on or after
165	208		the effective date of this Act. A disciplinary action taken before
166	209		the effective date of this Act is governed by the law in effect on
167	210		the date the action was taken, and the former law is continued in
168	211		effect for that purpose.
169		-	SECTION 7. Section 802.107(b), Occupations Code, as amended
170		-	by this Act, applies only to an offense committed on or after the
171		-	effective date of this Act. An offense committed before the
172		-	effective date of this Act is governed by the law in effect on the
173		-	date the offense was committed, and the former law is continued in
174		-	effect for that purpose. For purposes of this section, an offense
175		-	was committed before the effective date of this Act if any element
176		-	of the offense occurred before that date.
177		-	SECTION 8. Sections 1305.152 and 1802.052, Occupations
	212	+	SECTION 8. Section 802.107(b), Occupations Code, as amended
	213	+	by this Act, and Section 802.108, Occupations Code, as added by this
	214	+	Act, apply only to an offense committed on or after the effective
	215	+	date of this Act. An offense committed before the effective date of
	216	+	this Act is governed by the law in effect on the date the offense was
	217	+	committed, and the former law is continued in effect for that
	218	+	purpose. For purposes of this section, an offense was committed
	219	+	before the effective date of this Act if any element of the offense
	220	+	occurred before that date.
	221	+	SECTION 9. Sections 1305.152 and 1802.052, Occupations
178	222		Code, as amended by this Act, apply only to an application for a
179	223		license submitted on or after the effective date of this Act. An
180	224		application submitted before the effective date of this Act is
181	225		governed by the law in effect on the date the application was
182	226		submitted, and the former law is continued in effect for that
183	227		purpose.
184		-	SECTION 9. This Act takes effect September 1, 2019.
	228	+	SECTION 10. This Act takes effect September 1, 2019.