4 | 10 | | AN ACT |
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5 | 11 | | relating to the permit and license examinations for hearing |
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6 | 12 | | instrument fitters and dispensers. |
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7 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 14 | | SECTION 1. Sections 402.104(a) and (d), Occupations Code, |
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9 | 15 | | are amended to read as follows: |
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10 | 16 | | (a) The department shall develop and maintain an |
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11 | 17 | | examination that may include a written [, oral,] or practical test |
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12 | 18 | | [tests]. The department shall administer or arrange for the |
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13 | 19 | | administration and validation of the examination. |
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14 | 20 | | (d) The practical test [examination] must be administered |
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15 | 21 | | by one or more qualified proctors selected and assigned by the |
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16 | 22 | | department. |
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17 | 23 | | SECTION 2. Section 402.204(a), Occupations Code, is amended |
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18 | 24 | | to read as follows: |
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19 | 25 | | (a) The examination must consist of written and [, oral, or] |
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20 | 26 | | practical tests that are objective in method and applied in a |
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21 | 27 | | consistent manner. |
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22 | 28 | | SECTION 3. Section 402.205, Occupations Code, is amended by |
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23 | 29 | | amending Subsections (a) and (c) and adding Subsection (d) to read |
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24 | 30 | | as follows: |
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25 | 31 | | (a) The department or the department's authorized |
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26 | 32 | | representative shall give each applicant due notice of the date and |
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27 | 33 | | place of the examination and the subjects, areas, and skills that |
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28 | 34 | | will be included in the examination. A change may not be made in |
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29 | 35 | | those subjects, areas, and skills after the date of the examination |
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30 | 36 | | has been announced and publicized. |
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31 | 37 | | (c) An [On reexamination, an] applicant who previously |
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32 | 38 | | failed an examination or test may retake the examination or test. |
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33 | 39 | | (d) An applicant who previously failed a practical test may |
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34 | 40 | | be retested [examined] only on those portions of the practical test |
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35 | 41 | | [examination] that the applicant failed. |
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36 | 42 | | SECTION 4. Section 402.207(a), Occupations Code, is amended |
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37 | 43 | | to read as follows: |
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38 | 44 | | (a) The department shall issue an apprentice permit to fit |
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39 | 45 | | and dispense hearing instruments to a temporary training permit |
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40 | 46 | | holder who has: |
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41 | 47 | | (1) passed the required [all parts of the] examination |
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42 | 48 | | [with a score of 70 percent or greater]; |
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43 | 49 | | (2) paid the required fees; and |
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44 | 50 | | (3) met all requirements of this chapter. |
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45 | 51 | | SECTION 5. Sections 402.209(e) and (f), Occupations Code, |
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46 | 52 | | are amended to read as follows: |
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47 | 53 | | (e) If the department approves an application, [on the next |
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48 | 54 | | regularly scheduled examination date] the applicant may take the |
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49 | 55 | | practical test [section of the examination required under Section |
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50 | 56 | | 402.202] and a written test [examination] of Texas law administered |
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51 | 57 | | by the department or the department's authorized representative. |
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52 | 58 | | [If the applicant passes the examinations required under this |
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53 | 59 | | section, the department shall issue to the applicant a license |
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54 | 60 | | under this chapter.] |
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55 | 61 | | (f) The department may allow an applicant under this section |
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56 | 62 | | who satisfies all application requirements other than the |
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57 | 63 | | requirement under Subsection (c)(2) to take [all sections of] the |
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58 | 64 | | examination [required under Section 402.202. If the applicant |
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59 | 65 | | passes the examination, the department shall issue to the applicant |
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60 | 66 | | a license under this chapter]. |
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61 | 67 | | SECTION 6. The following provisions of the Occupations Code |
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62 | 68 | | are repealed: |
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63 | 69 | | (1) Sections 402.104(b) and (c); and |
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64 | 70 | | (2) Section 402.203(c). |
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65 | 71 | | SECTION 7. The changes in law made by this Act to Chapter |
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66 | 72 | | 402, Occupations Code, apply only to a person who applies to take an |
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67 | 73 | | examination on or after the effective date of this Act. A person who |
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68 | 74 | | first applies to take an examination before the effective date of |
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69 | 75 | | this Act is governed by the law in effect on the date the person |
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70 | 76 | | applies, and the former law is continued in effect for that purpose. |
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71 | 77 | | SECTION 8. This Act takes effect September 1, 2019. |
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