86R24810 SOS-F
By: Goldman H.B. No. 2847
Substitute the following for H.B. No. 2847:
By: Goldman C.S.H.B. No. 2847
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of certain occupations and
activities; authorizing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. DRIVER EDUCATION
SECTION 1.001. Section 1001.001(7), Education Code, is
amended to read as follows:
(7) "Driver education school" means an enterprise
that:
(A) maintains a place of business or solicits
business in this state; and
(B) is operated by an individual, association,
partnership, or corporation for educating and training persons [at
a primary or branch location] in driver education or driver
education instructor development.
SECTION 1.002. Section 1001.151(e), Education Code, is
amended to read as follows:
(e) The commission may establish a fee for an application
for approval to offer a driver education course [by an alternative
method of instruction under Section 1001.3541].
SECTION 1.003. Section 1001.204(b), Education Code, is
amended to read as follows:
(b) The department shall approve an application for a driver
education school license if the application is submitted on a form
approved by the department [executive director], the application is
accompanied by [includes] the fee, and the department determines
[on inspection of the premises of the school, it is determined] that
the school:
(1) has courses, curricula, and instruction of a
quality, content, and length that reasonably and adequately achieve
the stated objective for which the courses, curricula, and
instruction are offered;
(2) has adequate space, equipment, instructional
material, and instructors to provide training of good quality in
the classroom and behind the wheel, if applicable;
(3) has instructors who have adequate educational
qualifications and experience;
(4) provides to each student before enrollment:
(A) a copy of:
(i) the refund policy;
(ii) the schedule of tuition, fees, and
other charges; and
(iii) the regulations relating to absence,
grading policy, and rules of operation and conduct; and
(B) the department's name, mailing address,
telephone number, and Internet website address for the purpose of
directing complaints to the department;
(5) maintains adequate records as prescribed by the
department to show attendance and progress or grades and enforces
satisfactory standards relating to attendance, progress, and
conduct;
(6) on completion of training, issues each student a
certificate indicating the course name and satisfactory
completion;
(7) complies with all county, municipal, state, and
federal regulations, including fire, building, and sanitation
codes and assumed name registration, if applicable;
(8) is financially sound and capable of fulfilling its
commitments for training;
(9) maintains and publishes as part of its student
enrollment contract the proper policy for the refund of the unused
portion of tuition, fees, and other charges if a student fails to
take the course or withdraws or is discontinued from the school at
any time before completion;
(10) does not use erroneous or misleading advertising,
either by actual statement, omission, or intimation, as determined
by the department;
(11) does not use a name similar to the name of another
existing school or tax-supported educational institution in this
state, unless specifically approved in writing by the executive
director;
(12) submits to the department for approval the
applicable course hour lengths and curriculum content for each
course offered by the school;
(13) does not owe an administrative penalty for a
violation of this chapter; [and]
(14) meets any additional criteria required by the
department, including any applicable inspection requirements; and
(15) provides adequate testing and security measures
for the school's method of instruction.
SECTION 1.004. Subchapter F, Chapter 1001, Education Code,
is amended by adding Sections 1001.2531, 1001.2532, 1001.2533, and
1001.2534 to read as follows:
Sec. 1001.2531. DRIVER EDUCATION INSTRUCTOR REQUIREMENTS.
(a) The commission by rule shall establish standards for a driver
education instructor to be certified as a teaching assistant,
driver education teacher, or supervising teacher.
(b) An applicant for a driver education instructor license
under this section must:
(1) apply to the department on a form prescribed by the
department and under rules adopted by the commission;
(2) submit with the application a nonrefundable
application fee in an amount set by commission rule; and
(3) present satisfactory evidence to the department
that the applicant:
(A) is at least 21 years of age;
(B) holds a high school diploma or high school
equivalency certificate; and
(C) meets any other requirement established by
commission rule.
Sec. 1001.2532. TEACHING ASSISTANT. (a) A teaching
assistant is a driver education instructor who is authorized to
teach or provide only behind-the-wheel training.
(b) To be eligible to be certified as a teaching assistant,
a driver education instructor must:
(1) have successfully completed:
(A) six semester hours of driver and traffic
safety education from an accredited college or university; or
(B) a teaching assistant development course
approved by the department; and
(2) pass any required examination.
Sec. 1001.2533. DRIVER EDUCATION TEACHER. (a) A driver
education teacher is a driver education instructor who is
authorized to teach or provide behind-the-wheel training and
classroom training.
(b) To be eligible to be certified as a driver education
teacher, a driver education instructor must:
(1) have successfully completed:
(A) nine semester hours of driver and traffic
safety education from an accredited college or university; or
(B) a driver education teacher development
course approved by the department; and
(2) pass any required examination.
Sec. 1001.2534. SUPERVISING TEACHER. (a) A supervising
teacher is a driver education instructor who is authorized to teach
instructor training classes.
(b) To be eligible to be certified as a supervising teacher,
a driver education instructor must have:
(1) been certified as a driver education teacher for
at least one year;
(2) successfully completed:
(A) 15 semester hours of driver and traffic
safety education from an accredited college or university; or
(B) a supervising teacher development course
approved by the department; and
(3) obtained or successfully completed, as
applicable, at least one of the following:
(A) a teaching certificate and any additional
certification required by commission rule to teach driver
education;
(B) 15 semester hours in education courses at an
accredited college or university during the 10 years before the
application date; or
(C) an associate or baccalaureate degree in
education from an accredited college or university.
(c) The commission, department, or executive director may
adopt an alternative method to determine or verify an instructor's
eligibility under Subsection (b).
SECTION 1.005. Subchapter H, Chapter 1001, Education Code,
is amended by adding Section 1001.3542 to read as follows:
Sec. 1001.3542. METHOD OF INSTRUCTION FOR DRIVER EDUCATION
COURSE. A driver education school may teach a driver education
course by any method approved by the department, including an
alternative method under Section 1001.3541 or a traditional method
under Subchapter C.
SECTION 1.006. The following provisions of the Education
Code are repealed:
(1) Sections 1001.253, 1001.254, and 1001.256; and
(2) Section 1001.3541(b).
SECTION 1.007. (a) As soon as practicable after the
effective date of this Act, the Texas Commission of Licensing and
Regulation shall adopt rules to implement Section 1001.204(b),
Education Code, as amended by this article, and Section 1001.2531,
Education Code, as added by this article.
(b) A driver education instructor license issued under
Section 1001.253, Education Code, before the repeal of that section
by this article, continues to be valid until the license expires,
and former Section 1001.253, Education Code, is continued in effect
for that purpose.
(c) A person who holds on the effective date of this Act a
driver education instructor license described by former Section
1001.253(b), Education Code, is entitled on expiration of that
license to issuance of a driver education instructor license
certified as a teaching assistant under Section 1001.2532,
Education Code, as added by this article, if the person otherwise
meets the requirements for renewal of a driver education instructor
license certified as a teaching assistant.
(d) A person who holds on the effective date of this Act a
driver education instructor license described by former Section
1001.253(c), Education Code, is entitled on expiration of that
license to issuance of a driver education instructor license
certified as a driver education teacher under Section 1001.2533,
Education Code, as added by this article, if the person otherwise
meets the requirements for renewal of a driver education instructor
license certified as a driver education teacher.
(e) A person who holds on the effective date of this Act a
driver education instructor license described by former Section
1001.253(e), Education Code, is entitled on expiration of that
license to issuance of a driver education instructor license
certified as a supervising teacher under Section 1001.2534,
Education Code, as added by this article, if the person otherwise
meets the requirements for renewal of a driver education instructor
license certified as a supervising teacher.
(f) The changes in law made by this article do not affect the
validity of a disciplinary action or other proceeding that was
initiated before the effective date of this Act and that is pending
before a court or other governmental entity on the effective date of
this Act.
(g) Sections 1001.2531, 1001.2532, 1001.2533, and
1001.2534, Education Code, as added by this article, apply only to
an application for, or renewal of, an instructor license submitted
to the Texas Department of Licensing and Regulation on or after the
effective date of this Act. An application submitted before that
date is governed by the law in effect when the application was
submitted, and the former law is continued in effect for that
purpose.
ARTICLE 2. LASER HAIR REMOVAL
SECTION 2.001. Subchapter M, Chapter 401, Health and Safety
Code, is amended by adding Section 401.509 to read as follows:
Sec. 401.509. CONTINUING EDUCATION. The commission by rule
shall establish continuing education requirements for renewal of a
certificate under this subchapter.
SECTION 2.002. As soon as practicable after the effective
date of this Act, the Texas Commission of Licensing and Regulation
shall adopt the rules necessary to implement Section 401.509,
Health and Safety Code, as added by this article.
ARTICLE 3. BOILERS
SECTION 3.001. Section 755.029(c), Health and Safety Code,
is amended to read as follows:
(c) A certificate of operation must be posted [under glass]
in a conspicuous place on or near the boiler for which it is issued.
ARTICLE 4. GENERAL PROVISIONS RELATING TO LICENSING
SECTION 4.001. Subchapter E, Chapter 51, Occupations Code,
is amended by adding Section 51.254 to read as follows:
Sec. 51.254. CONFIDENTIALITY OF COMPLAINT AND DISCIPLINARY
INFORMATION. (a) In this section, unless the context requires
otherwise:
(1) "Disciplinary action" includes, with respect to
any person subject to regulation by the department or the
commission:
(A) enforcement activity, prosecution,
discipline, or penalization; and
(B) any related complaint, investigation, or
resolution of a complaint or investigation.
(2) "Patient" includes:
(A) a patient;
(B) a client; and
(C) an authorized representative of a patient or
client.
(b) This section applies only to the following professions:
(1) athletic trainers regulated under Chapter 451;
(2) behavior analysts regulated under Chapter 506;
(3) dietitians regulated under Chapter 701;
(4) dyslexia practitioners and dyslexia therapists
regulated under Chapter 403;
(5) hearing instrument fitters and dispensers
regulated under Chapter 402;
(6) massage therapists regulated under Chapter 455;
(7) midwives regulated under Chapter 203;
(8) orthotists and prosthetists regulated under
Chapter 605;
(9) podiatrists regulated under Chapter 202; and
(10) speech-language pathologists and audiologists
regulated under Chapter 401.
(c) Except as otherwise provided by this section, a
complaint and investigation concerning a person to whom this
section applies and all information and materials subpoenaed or
compiled by the department in connection with the complaint and
investigation are confidential and not subject to:
(1) disclosure under Chapter 552, Government Code; or
(2) disclosure, discovery, subpoena, or other means of
legal compulsion for their release to any person.
(d) A complaint or investigation subject to this section and
all information and materials subpoenaed or compiled by the
department in connection with the complaint and investigation may
be disclosed to:
(1) persons involved with the department in a
disciplinary action;
(2) a respondent or the respondent's authorized
representative;
(3) a governmental agency, if:
(A) the disclosure is required or permitted by
law; and
(B) the agency obtaining the disclosure protects
the identity of any patient whose records are examined;
(4) a professional licensing, credentialing, or
disciplinary entity in another jurisdiction;
(5) a peer assistance program approved by the
commission under Chapter 467, Health and Safety Code, including a
properly established peer assistance program in another
jurisdiction;
(6) a peer review committee reviewing a license
holder's application for privileges or the license holder's
qualifications related to retaining the privileges;
(7) a law enforcement agency; and
(8) a person engaged in bona fide research, if all
individual-identifying information has been deleted.
(e) Notwithstanding any other provision of this section, if
a department investigation would be jeopardized by the release or
disclosure, the department may temporarily withhold or otherwise
refrain from releasing or disclosing to any person any information
or materials that the department would otherwise be required to
release or disclose.
(f) The department may not be compelled to release or
disclose complaint and investigation information or materials to a
person listed in Subsection (d) if the department has not issued a
notice of alleged violation related to the information or
materials.
(g) The department may release or disclose complaint and
investigation information or materials in accordance with
Subsection (d) at any stage of a disciplinary action.
(h) The department shall protect the identity of any patient
whose records are examined in connection with a disciplinary action
against a license holder, other than a patient who:
(1) initiates the disciplinary action;
(2) is a witness in the disciplinary action; or
(3) has submitted a written consent to release the
records.
(i) Notices of alleged violation issued by the department
against respondents, disciplinary proceedings of the department,
commission, or executive director, and final disciplinary actions,
including warnings and reprimands, by the department, commission,
or executive director are not confidential and are subject to
disclosure in accordance with Chapter 552, Government Code.
SECTION 4.002. Chapter 57, Occupations Code, is amended by
designating Section 57.001 as Subchapter A and adding a subchapter
heading to read as follows:
SUBCHAPTER A. GENERAL PROVISIONS
SECTION 4.003. Section 57.001, Occupations Code, is amended
by amending Subdivision (1) and adding Subdivision (1-a) to read as
follows:
(1) "License" means a license, certificate,
registration, permit, or other form of authorization required by
law, [or a state agency] rule, ordinance, regulation, or policy
that must be obtained by an individual to engage in a particular
business, occupation, or profession.
(1-a) "Political subdivision" means a county,
municipality, special district, or other political subdivision of
this state.
SECTION 4.004. Chapter 57, Occupations Code, is amended by
adding Subchapter B, and a heading is added to that subchapter to
read as follows:
SUBCHAPTER B. GOVERNING BOARD MEMBERSHIP
SECTION 4.005. Section 57.002, Occupations Code, is
transferred to Subchapter B, Chapter 57, Occupations Code, as added
by this Act, and redesignated as Section 57.051, Occupations Code,
to read as follows:
Sec. 57.051 [57.002]. REQUIREMENTS FOR GOVERNING BOARD
MEMBERSHIP. A person may not be required to be a member of a private
trade association as a precondition to serving as a member of the
governing board of a state agency that issues a license or otherwise
regulates a business, occupation, or profession.
SECTION 4.006. Chapter 57, Occupations Code, is amended by
adding Subchapter C to read as follows:
SUBCHAPTER C. LOCAL LICENSING AGENCIES
Sec. 57.101. PROHIBITION ON CERTAIN LOCAL LICENSING
REQUIREMENTS. (a) Notwithstanding any other law, if an individual
is required to possess a license issued by a state agency to engage
in an occupation, a political subdivision may not adopt or enforce
any ordinance, order, rule, regulation, law, or policy that
requires the individual to:
(1) possess a license issued by the political
subdivision to engage in that occupation; or
(2) meet any other requirement or precondition to
engage in that occupation.
(b) An ordinance, order, rule, regulation, law, or policy
that violates Subsection (a) is void and unenforceable.
SECTION 4.007. Section 202.2032(c), Occupations Code, is
amended to read as follows:
(c) Notwithstanding any confidentiality requirements under
Chapter 552, Government Code, Chapter 51, or this chapter, a
complaint filed with the department by an insurance agent, insurer,
pharmaceutical company, or third-party administrator against a
license holder must include the name and address of the insurance
agent, insurer, pharmaceutical company, or third-party
administrator filing the complaint.
SECTION 4.008. Section 202.404(e), Occupations Code, is
amended to read as follows:
(e) The department shall protect the identity of a patient
whose podiatric records are examined or provided under Subsection
(c) [or (d)], other than a patient who:
(1) is covered under Subsection (a)(1); or
(2) has submitted written consent to the release of
the patient's podiatric records as provided by Section 202.406.
SECTION 4.009. Section 202.509(g), Occupations Code, is
amended to read as follows:
(g) The department's disclosure of information under
Subsection [(b), (d), or] (f) of this section, Section 202.2031, or
Section 202.2032 does not constitute a waiver of privilege or
confidentiality under this chapter or any other law.
SECTION 4.010. The following provisions of the Occupations
Code are repealed:
(1) Section 202.404(d);
(2) Sections 202.509(a), (b), (c), (d), and (h);
(3) Section 401.2535;
(4) Section 402.154;
(5) Section 451.110;
(6) Section 506.202;
(7) Subchapter E, Chapter 605; and
(8) Subchapter E, Chapter 701.
SECTION 4.011. The changes in law made by this article apply
to a disciplinary action initiated before the effective date of
this Act that has not resulted in a final order issued on or before
the effective date of this Act and to a disciplinary action
initiated on or after the effective date of this Act.
ARTICLE 5. PODIATRY
SECTION 5.001. Section 202.2032(d), Occupations Code, is
amended to read as follows:
(d) The [Not later than the 15th day after the date the
complaint is filed with the department, the] department shall
notify the license holder who is the subject of the complaint of the
name and address of the insurance agent, insurer, pharmaceutical
company, or third-party administrator who filed the complaint,
unless the notice would jeopardize an investigation.
SECTION 5.002. Subchapter E, Chapter 202, Occupations Code,
is amended by adding Section 202.204 to read as follows:
Sec. 202.204. EXPERT WITNESS. (a) In this section, "expert
witness" means a podiatrist or other qualified individual with whom
the department contracts to assist the department with reviewing,
investigating, or prosecuting complaints filed under this chapter.
(b) The department may contract with an expert witness to
assist the department with reviewing, investigating, or
prosecuting a complaint filed under this chapter.
(c) Except for an act by an expert witness involving fraud,
conspiracy, or malice, an expert witness is immune from liability
and may not be subject to a suit for damages for any act arising from
the performance of the expert witness's duties in:
(1) participating in an informal conference to
determine the facts of a complaint;
(2) evaluating evidence in a complaint and offering an
opinion or technical guidance on an alleged violation of this
chapter or a rule adopted under this chapter;
(3) testifying at a hearing regarding a complaint; or
(4) making an evaluation, report, or recommendation
regarding a complaint.
SECTION 5.003. Section 202.253(a-1), Occupations Code, is
amended to read as follows:
(a-1) The commission or department may refuse to admit a
person to an examination, and may refuse to issue a license to
practice podiatry to a person, for:
(1) presenting a license, certificate, or diploma that
was illegally or fraudulently obtained or engaging in fraud or
deception in passing the examination;
(2) being convicted of[:
[(A) a felony;
[(B) a crime that involves moral turpitude; or
[(C)] an offense under Section 202.606;
(3) engaging in habits of intemperance or drug
addiction that in the department's opinion would endanger the
health, well-being, or welfare of patients;
(4) engaging in grossly unprofessional or
dishonorable conduct of a character that in the department's
opinion is likely to deceive or defraud the public;
(5) directly or indirectly violating or attempting to
violate this chapter or a rule adopted under this chapter as a
principal, accessory, or accomplice;
(6) using any advertising statement of a character
tending to mislead or deceive the public;
(7) advertising professional superiority or the
performance of professional service in a superior manner;
(8) purchasing, selling, bartering, or using or
offering to purchase, sell, barter, or use a podiatry degree,
license, certificate, diploma, or a transcript of a license,
certificate, or diploma, in or incident to an application for a
license to practice podiatry;
(9) altering, with fraudulent intent, a podiatry
license, certificate, diploma, or a transcript of a podiatry
license, certificate, or diploma;
(10) using a podiatry license, certificate, or
diploma, or a transcript of a podiatry license, certificate, or
diploma, that has been fraudulently purchased, issued,
counterfeited, or materially altered;
(11) impersonating, or acting as proxy for, another
person in a podiatry license examination;
(12) impersonating a license holder, or permitting
another person to use the license holder's license to practice
podiatry in this state, to treat or offer to treat, by any method,
conditions and ailments of human feet;
(13) directly or indirectly employing a person whose
license to practice podiatry has been suspended or associating in
the practice of podiatry with a person whose license to practice
podiatry has been suspended or who has been convicted of the
unlawful practice of podiatry in this state or elsewhere;
(14) wilfully making in the application for a license
to practice podiatry a material misrepresentation or material
untrue statement;
(15) being unable to practice podiatry with reasonable
skill and safety to a patient because of age, illness, drunkenness,
or excessive use of drugs, narcotics, chemicals, or other
substances or as a result of a mental or physical condition;
(16) failing to practice podiatry in an acceptable
manner consistent with public health and welfare;
(17) being removed, suspended, or disciplined in
another manner by the podiatrist's peers in a professional podiatry
association or society, whether local, regional, state, or national
in scope, or being disciplined by a licensed hospital or the medical
staff of a hospital, including removal, suspension, limitation of
hospital privileges, or other disciplinary action, if the
commission or department determines that the action was:
(A) based on unprofessional conduct or
professional incompetence likely to harm the public; and
(B) appropriate and reasonably supported by
evidence submitted to the association, society, hospital, or
medical staff; or
(18) having repeated or recurring meritorious health
care liability claims filed against the podiatrist that in the
commission's or department's opinion are evidence of professional
incompetence likely to injure the public.
SECTION 5.004. Section 202.602(a), Occupations Code, is
amended to read as follows:
(a) The department [commission by rule] shall develop a
system to identify and monitor a podiatrist's compliance with this
chapter and any [. The system must include:
[(1) procedures for determining whether a podiatrist
is in compliance with an] order issued by the commission or
executive director under this chapter [; and
[(2) a method of identifying and monitoring each
podiatrist who represents a risk to the public].
SECTION 5.005. Sections 202.2025 and 202.6011, Occupations
Code, are repealed.
SECTION 5.006. Section 202.2032, Occupations Code, as
amended by this article, applies only to a complaint filed under
Chapter 202, Occupations Code, on or after the effective date of
this Act. A complaint filed before the effective date of this Act
is governed by the law in effect on the date the complaint was
filed, and the former law is continued in effect for that purpose.
SECTION 5.007. Section 202.253(a-1), Occupations Code, as
amended by this article, applies only to a conviction that occurs on
or after the effective date of this Act. A conviction that occurs
before the effective date of this Act is governed by the law in
effect on the date the conviction occurred, and the former law is
continued in effect for that purpose.
ARTICLE 6. AUDIOLOGISTS
SECTION 6.001. Section 401.403(b), Occupations Code, is
amended to read as follows:
(b) A person who holds a license [meets the requirements of
this chapter for licensing] as an audiologist or audiologist intern
and who fits and dispenses hearing instruments must:
(1) [register with the department the person's
intention to fit and dispense hearing instruments;
[(2)] comply with rules adopted under this chapter
related to fitting and dispensing hearing instruments [the
profession's code of ethics];
(2) [(3)] comply with the federal Food and Drug
Administration guidelines for fitting and dispensing hearing
instruments;
(3) [(4)] when providing services in this state, use a
written contract that contains the department's name, mailing
address, [and] telephone number, and Internet website address; and
(4) [(5)] follow the guidelines adopted by commission
rule for a 30-day trial period on every hearing instrument
purchased.
ARTICLE 7. ORTHOTIC AND PROSTHETIC TECHNICIANS
SECTION 7.001. The following provisions of the Occupations
Code are repealed:
(1) Sections 605.002(19), (20), and (21); and
(2) Section 605.259.
SECTION 7.002. (a) On the effective date of this Act, a
registered orthotic technician or registered prosthetic technician
certificate issued under former Section 605.259, Occupations Code,
expires.
(b) As soon as practicable after the effective date of this
Act, the Texas Commission of Licensing and Regulation shall repeal
all rules regarding the regulation of orthotic and prosthetic
technicians adopted under Chapter 605, Occupations Code.
SECTION 7.003. The change in law made by this article does
not affect the validity of a proceeding pending before a court or
other governmental entity on the effective date of this Act.
ARTICLE 8. DIETITIANS
SECTION 8.001. Section 701.151(b), Occupations Code, is
amended to read as follows:
(b) The commission or the department, as appropriate,
shall:
(1) [adopt an official seal;
[(2)] adopt and publish a code of ethics;
(2) [(3)] establish the qualifications and fitness of
applicants for licenses, including renewed and reciprocal
licenses;
[(4) revoke, suspend, or deny a license, probate a
license suspension, or reprimand a license holder for a violation
of this chapter, a rule adopted under this chapter, or the code of
ethics;] and
(3) [(5)] request and receive any necessary
assistance from state educational institutions or other state
agencies.
SECTION 8.002. Sections 701.155 and 701.353, Occupations
Code, are repealed.
ARTICLE 9. COSMETOLOGISTS
SECTION 9.001. Section 1602.255(c), Occupations Code, is
amended to read as follows:
(c) The commission shall adopt rules for the licensing of
specialty instructors to teach specialty courses in the practice of
cosmetology defined in Sections 1602.002(a)(2), (4), (5), (6)
[1602.002(a)(5)], (7), (8), (9), [and] (10), and (11).
SECTION 9.002. Section 1602.261(a), Occupations Code, is
amended to read as follows:
(a) A person holding a manicurist/esthetician specialty
license may perform only the practice of cosmetology defined in
Sections 1602.002(a)(4) through (10) [(9)].
SECTION 9.003. Section 1602.305(a), Occupations Code, is
amended to read as follows:
(a) A person holding a specialty shop license may maintain
an establishment in which only the practice of cosmetology as
defined in Section 1602.002(a)(2), (4), (5), (6), (7), (8), (9),
[or] (10), or (11) is performed.
ARTICLE 10. USED AUTOMOTIVE PARTS RECYCLERS
SECTION 10.001. Section 2309.102(a), Occupations Code, is
amended to read as follows:
(a) The commission shall adopt rules for licensing used
automotive parts recyclers [and used automotive parts employees].
SECTION 10.002. The heading to Section 2309.106,
Occupations Code, is amended to read as follows:
Sec. 2309.106. PERIODIC [AND RISK-BASED] INSPECTIONS.
SECTION 10.003. The following provisions of the Occupations
Code are repealed:
(1) Sections 2309.106(c) and (d); and
(2) Section 2309.154.
SECTION 10.004. (a) On the effective date of this Act, a
used automotive parts employee license issued under former Section
2309.154, Occupations Code, expires.
(b) As soon as practicable after the effective date of this
Act, the Texas Commission of Licensing and Regulation shall repeal
all rules regarding the regulation of used automotive parts
employees adopted under Chapter 2309, Occupations Code.
SECTION 10.005. (a) The change in law made by this article
to Chapter 2309, Occupations Code, does not affect the validity of a
proceeding pending before a court or other governmental entity on
the effective date of this Act.
(b) An offense or other violation of law committed before
the effective date of this Act is governed by the law in effect when
the offense or violation was committed, and the former law is
continued in effect for that purpose. For purposes of this
subsection, an offense or violation was committed before the
effective date of this Act if any element of the offense or
violation occurred before that date.
ARTICLE 11. EFFECTIVE DATE
SECTION 11.001. This Act takes effect September 1, 2019.