H.B. No. 2699
AN ACT
relating to the permit and license examinations for hearing
instrument fitters and dispensers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 402.104(a) and (d), Occupations Code,
are amended to read as follows:
(a) The department shall develop and maintain an
examination that may include a written [, oral,] or practical test
[tests]. The department shall administer or arrange for the
administration and validation of the examination.
(d) The practical test [examination] must be administered
by one or more qualified proctors selected and assigned by the
department.
SECTION 2. Section 402.204(a), Occupations Code, is amended
to read as follows:
(a) The examination must consist of written and [, oral, or]
practical tests that are objective in method and applied in a
consistent manner.
SECTION 3. Section 402.205, Occupations Code, is amended by
amending Subsections (a) and (c) and adding Subsection (d) to read
as follows:
(a) The department or the department's authorized
representative shall give each applicant due notice of the date and
place of the examination and the subjects, areas, and skills that
will be included in the examination. A change may not be made in
those subjects, areas, and skills after the date of the examination
has been announced and publicized.
(c) An [On reexamination, an] applicant who previously
failed an examination or test may retake the examination or test.
(d) An applicant who previously failed a practical test may
be retested [examined] only on those portions of the practical test
[examination] that the applicant failed.
SECTION 4. Section 402.207(a), Occupations Code, is amended
to read as follows:
(a) The department shall issue an apprentice permit to fit
and dispense hearing instruments to a temporary training permit
holder who has:
(1) passed the required [all parts of the] examination
[with a score of 70 percent or greater];
(2) paid the required fees; and
(3) met all requirements of this chapter.
SECTION 5. Sections 402.209(e) and (f), Occupations Code,
are amended to read as follows:
(e) If the department approves an application, [on the next
regularly scheduled examination date] the applicant may take the
practical test [section of the examination required under Section
402.202] and a written test [examination] of Texas law administered
by the department or the department's authorized representative.
[If the applicant passes the examinations required under this
section, the department shall issue to the applicant a license
under this chapter.]
(f) The department may allow an applicant under this section
who satisfies all application requirements other than the
requirement under Subsection (c)(2) to take [all sections of] the
examination [required under Section 402.202. If the applicant
passes the examination, the department shall issue to the applicant
a license under this chapter].
SECTION 6. The following provisions of the Occupations Code
are repealed:
(1) Sections 402.104(b) and (c); and
(2) Section 402.203(c).
SECTION 7. The changes in law made by this Act to Chapter
402, Occupations Code, apply only to a person who applies to take an
examination on or after the effective date of this Act. A person who
first applies to take an examination before the effective date of
this Act is governed by the law in effect on the date the person
applies, and the former law is continued in effect for that purpose.
SECTION 8. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2699 was passed by the House on April
16, 2019, by the following vote: Yeas 146, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2699 was passed by the Senate on May
19, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor