By: Goldman H.B. No. 2847
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of certain occupations,
activities, and agreements; providing a civil penalty; authorizing
fees; requiring an occupational registration and an occupational
license.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. EXCESS WEAR AND USE WAIVERS FOR LEASES OF MOTOR VEHICLES
SECTION 1.001. Subtitle B, Title 5, Business & Commerce
Code, is amended by adding Chapter 94 to read as follows:
CHAPTER 94. EXCESS WEAR AND USE WAIVERS FOR LEASES OF MOTOR
VEHICLES
Sec. 94.001. DEFINITIONS. In this chapter:
(1) "Excess wear and use waiver" means a provision of
or addendum to a lease agreement under which the lessor agrees to
not hold a lessee liable for all or part of the excess wear and use
to a motor vehicle.
(2) "Lease agreement" means an agreement, including
any addendum to the agreement, entered into in this state under
which a lessee pays a fee or other consideration to a lessor for the
right to possession and use of a motor vehicle for a term of more
than 180 days, regardless of whether the agreement provides the
lessee an option to purchase or otherwise become the owner of the
motor vehicle upon the expiration of the term of the agreement.
(3) "Lessee" means an individual who acquires the
right to possession and use of a motor vehicle under a lease
agreement primarily for personal, family, or household purposes.
(4) "Lessor" means a person who, in the ordinary
course of business, regularly leases, offers to lease, or arranges
for the lease of a motor vehicle under a lease agreement. Unless
the context clearly indicates otherwise, the term includes an
assignee of the lessor.
(5) "Motor vehicle" has the meaning assigned by
Section 541.201, Transportation Code.
Sec. 94.002. CONTRACT FOR EXCESS WEAR AND USE WAIVER. A
lessee may contract with a lessor for an excess wear and use waiver
in connection with a lease agreement.
Sec. 94.003. RESTRICTIONS ON LESSOR CONCERNING EXCESS WEAR
AND USE WAIVER. A lessor may not:
(1) sell an excess wear and use waiver, unless:
(A) the lease agreement containing the excess
wear and use waiver complies with this chapter; and
(B) the lessee agrees to the excess wear and use
waiver in writing; or
(2) impose or require the purchase of an excess wear
and use waiver as a condition of entering into a lease agreement.
Sec. 94.004. REQUIRED NOTICE. An excess wear and use waiver
must be in writing and include a notice substantially similar to the
following:
"This excess wear and use waiver is optional, is not a
condition of leasing the vehicle, and is being provided for an
additional charge to cover your responsibility for any excess wear
and use to the leased vehicle."
Sec. 94.005. REQUIRED DISCLOSURES. A lease agreement that
includes an excess wear and use waiver must disclose:
(1) the total charge for the excess wear and use
waiver; and
(2) any exclusions or limitations on the amount of
excess wear and use that may be waived under the excess wear and use
waiver.
Sec. 94.006. RELATIONSHIP TO INSURANCE. An excess wear and
use waiver is not insurance.
Sec. 94.007. CIVIL PENALTY. A lessor that violates this
chapter is liable for a civil penalty in an amount of not less than
$500 or more than $1,000 for each violation.
Sec. 94.008. INJUNCTIVE RELIEF. A person injured or
threatened with injury by a violation of this chapter may seek
injunctive relief against the person committing or threatening to
commit the violation.
Sec. 94.009. SUIT FOR CIVIL PENALTY OR INJUNCTIVE RELIEF.
The attorney general or a county or district attorney may bring an
action in the name of the state for a civil penalty under Section
94.007, injunctive relief under Section 94.008, or both.
SECTION 1.002. The change in law made by this article
applies only to a lease agreement entered into on or after the
effective date of this Act. A lease agreement entered into before
the effective date of this Act is governed by the law in effect on
the date the lease agreement was entered into, and the former law is
continued in effect for that purpose.
ARTICLE 2. DRIVER EDUCATION
SECTION 2.001. 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 2.002. 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 2.003. 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 2.004. Subchapter F, Chapter 1001, Education Code,
is amended by adding Sections 1001.2531, 1001.2532, 1001.2533,
1001.2534, and 1001.2535 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; and
(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.
(c) The commission, department, or executive director may
adopt an alternative method to determine or verify an instructor's
eligibility under Subsection (b).
Sec. 1001.2535. DEVELOPMENT COURSE FOR TEACHING ASSISTANT,
DRIVER EDUCATION TEACHER, OR SUPERVISING TEACHER. The classroom
portion of a development course required for certification as a
teaching assistant, driver education teacher, or supervising
teacher may be completed online.
SECTION 2.005. 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 2.006. 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 2.007. (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 3. LASER HAIR REMOVAL
SECTION 3.001. 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 3.002. 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 4. PHARMACISTS
SECTION 4.001. Section 481.075(i), Health and Safety Code,
is amended to read as follows:
(i) Each dispensing pharmacist shall:
(1) fill in on the official prescription form or note
in the electronic prescription record each item of information
given orally to the dispensing pharmacy under Subsection (h) and
the date the prescription is filled, and:
(A) for a written prescription, fill in the
dispensing pharmacist's signature; or
(B) for an electronic prescription,
appropriately record the identity of the dispensing pharmacist in
the electronic prescription record;
(2) retain with the records of the pharmacy for at
least two years:
(A) the official prescription form or the
electronic prescription record, as applicable; and
(B) the name or other patient identification
required by Section 481.074(m) or (n); [and]
(3) send all required information, including any
information required to complete an official prescription form or
electronic prescription record, to the board by electronic transfer
or another form approved by the board not later than the next
business day after the date the prescription is completely filled;
and
(4) if the pharmacy does not dispense any controlled
substance prescriptions during a period of seven consecutive days,
send a report to the board indicating that the pharmacy did not
dispense any controlled substance prescriptions during that
period, unless the pharmacy has obtained a waiver or permission to
delay reporting to the board.
SECTION 4.002. Sections 481.076(a) and (k), Health and
Safety Code, are amended to read as follows:
(a) The board may not permit any person to have access to
information submitted to the board under Section 481.074(q) or
481.075 except:
(1) the board, the Texas Medical Board, the Texas
Department of Licensing and Regulation, with respect to the
regulation of podiatrists [State Board of Podiatric Medical
Examiners], the State Board of Dental Examiners, the State Board of
Veterinary Medical Examiners, the Texas Board of Nursing, or the
Texas Optometry Board for the purpose of:
(A) investigating a specific license holder; or
(B) monitoring for potentially harmful
prescribing or dispensing patterns or practices under Section
481.0762;
(2) an authorized officer or member of the department
or authorized employee of the board engaged in the administration,
investigation, or enforcement of this chapter or another law
governing illicit drugs in this state or another state;
(3) the department on behalf of a law enforcement or
prosecutorial official engaged in the administration,
investigation, or enforcement of this chapter or another law
governing illicit drugs in this state or another state;
(4) a medical examiner conducting an investigation;
(5) provided that accessing the information is
authorized under the Health Insurance Portability and
Accountability Act of 1996 (Pub. L. No. 104-191) and regulations
adopted under that Act:
(A) a pharmacist or a pharmacist-intern,
pharmacy technician, or pharmacy technician trainee, as defined by
Section 551.003, Occupations Code, acting at the direction of a
pharmacist, who is inquiring about a recent Schedule II, III, IV, or
V prescription history of a particular patient of the pharmacist;
or
(B) a practitioner who:
(i) is a physician, dentist, veterinarian,
podiatrist, optometrist, or advanced practice nurse or is a
physician assistant described by Section 481.002(39)(D) or an
employee or other agent of a practitioner acting at the direction of
a practitioner; and
(ii) is inquiring about a recent Schedule
II, III, IV, or V prescription history of a particular patient of
the practitioner;
(6) a pharmacist or practitioner who is inquiring
about the person's own dispensing or prescribing activity or a
practitioner who is inquiring about the prescribing activity of an
individual to whom the practitioner has delegated prescribing
authority; or
(7) one or more states or an association of states with
which the board has an interoperability agreement, as provided by
Subsection (j).
(k) A person authorized to access information under
Subsection (a)(4) or (5) who is registered with the board for
electronic access to the information is entitled to directly access
the information available from other states pursuant to an
interoperability agreement described by Subsection (j).
SECTION 4.003. Section 481.0766(a), Health and Safety Code,
is amended to read as follows:
(a) A wholesale distributor shall report to the board the
distribution of all Schedules II, III, IV, and V controlled
substances [information that the distributor is required to report
to the Automation of Reports and Consolidated Orders System (ARCOS)
of the Federal Drug Enforcement Administration for the distribution
of a controlled substance] by the distributor to a person in this
state. The distributor shall report the information to the board in
the same format and with the same frequency as the information is
reported to the Federal Drug Enforcement Administration [ARCOS].
SECTION 4.004. Section 481.353(a), Health and Safety Code,
is amended to read as follows:
(a) The work group shall meet when necessary as determined
by the board [at least quarterly].
SECTION 4.005. Section 560.051(f), Occupations Code, is
amended to read as follows:
(f) A Class E pharmacy license or nonresident pharmacy
license may be issued to a pharmacy located in another state whose
primary business is to:
(1) [(A)] dispense a prescription drug or device under
a prescription drug order[;] and
[(B)] deliver the drug or device to a patient,
including a patient in this state, by United States mail, common
carrier, or delivery service;
(2) process a prescription drug order for a patient,
including a patient in this state; or
(3) perform another pharmaceutical service, as
defined by board rule.
SECTION 4.006. The following provisions of the Occupations
Code are repealed:
(1) Sections 554.016, 556.0555, 560.001(c), 560.0525,
561.003(f), 562.101(f-1), and 562.111; and
(2) Subchapter E, Chapter 562.
ARTICLE 5. BOILERS
SECTION 5.001. 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 6. TEXAS DEPARTMENT OF LICENSING AND REGULATION
SECTION 6.001. Section 51.2031(a-2), Occupations Code, is
amended to read as follows:
(a-2) For each rule proposed under Subsection (a-1), the
commission shall either adopt the rule as proposed or return the
rule to the advisory board for revision. The commission retains
authority for final adoption of all rules and is responsible for
ensuring compliance with all laws regarding the rulemaking process.
[This subsection and Subsection (a-1) expire September 1, 2019.]
SECTION 6.002. 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, 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 6.003. 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 6.004. 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 6.005. 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 6.006. 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 6.007. 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 7. PODIATRY
SECTION 7.001. 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 7.002. 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,
including an advisory board member under Section 202.051(a)(1), 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 7.003. 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 7.004. Subchapter H, Chapter 202, Occupations Code,
is amended by adding Section 202.354 to read as follows:
Sec. 202.354. DELEGATION OF CERTAIN ACTS. (a) A podiatrist
may delegate to a qualified and properly trained podiatric medical
assistant acting under the podiatrist's supervision any podiatric
medical act that a reasonable and prudent podiatrist would find
within the scope of sound medical judgment to delegate if:
(1) in the opinion of the delegating podiatrist, the
medical act:
(A) can be properly and safely performed by the
podiatric medical assistant to whom the podiatric medical act is
delegated; and
(B) is performed in a customary manner and not in
violation of any other statute; and
(2) the podiatric medical assistant to whom the
podiatric medical act is delegated does not represent to the public
that the medical assistant is authorized to practice podiatry.
(b) A delegating podiatrist is responsible for a podiatric
medical act performed by the podiatric medical assistant to whom
the podiatrist delegates the act.
SECTION 7.005. 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 7.006. Subchapter D, Chapter 601, Occupations Code,
is amended by adding Section 601.157 to read as follows:
Sec. 601.157. PERSON SUPERVISED BY PODIATRIST. A person is
not required to hold a certificate issued under this chapter to
perform a radiologic procedure if:
(1) the procedure is performed under the supervision
of a podiatrist; and
(2) the person:
(A) is registered with the Texas Department of
Licensing and Regulation to assist a podiatrist; and
(B) complies with rules adopted under Section
601.252(e).
SECTION 7.007. Section 601.251, Occupations Code, is
amended to read as follows:
Sec. 601.251. APPLICABILITY. This subchapter applies to
the:
(1) Texas Board of Nursing;
(2) Texas Board of Chiropractic Examiners;
(3) State Board of Dental Examiners;
(4) Texas Medical Board;
(5) Texas Department of Licensing and Regulation, with
respect to the department's authority to regulate podiatrists
[State Board of Podiatric Medical Examiners]; and
(6) Texas Physician Assistant Board.
SECTION 7.008. Section 601.252, Occupations Code, is
amended by adding Subsections (e) and (f) to read as follows:
(e) Rules adopted under this section by the Texas Commission
of Licensing and Regulation must:
(1) require an authorized person who performs
radiologic procedures under the delegation of a podiatrist, other
than a registered nurse, to register with the Texas Department of
Licensing and Regulation;
(2) establish reasonable and necessary fees to cover
the administrative costs incurred by the Texas Department of
Licensing and Regulation in administering a registration program
created under this subsection;
(3) establish grounds for the suspension, revocation,
or nonrenewal of a registration issued under this subsection; and
(4) establish standards for training and supervising
the operators of the equipment.
(f) In adopting rules under Subsection (e), the Texas
Commission of Licensing and Regulation may take into account
whether the radiologic procedure will be performed by a registered
nurse.
SECTION 7.009. Sections 202.2025 and 202.6011, Occupations
Code, are repealed.
SECTION 7.010. 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 7.011. 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.
SECTION 7.012. To the extent of any conflict, Section
601.251, Occupations Code, as amended by this article, prevails
over another Act of the 86th Legislature, Regular Session, 2019,
relating to nonsubstantive additions to and corrections in enacted
codes.
ARTICLE 8. MIDWIVES
SECTION 8.001. Section 203.056, Occupations Code, is
amended to read as follows:
Sec. 203.056. PRESIDING OFFICER. The presiding officer of
the commission shall designate a [public] member of the advisory
board to serve as the presiding officer of the advisory board to
serve for a term of one year. The presiding officer of the advisory
board may vote on any matter before the advisory board.
SECTION 8.002. Section 203.152, Occupations Code, is
repealed.
SECTION 8.003. Section 203.056, Occupations Code, as
amended by this article, does not affect the entitlement of a member
of the Midwives Advisory Board who is serving as the presiding
officer of the advisory board immediately before the effective date
of this Act to continue to serve in that capacity for the remainder
of the member's term as presiding officer.
ARTICLE 9. AUDIOLOGISTS
SECTION 9.001. 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 10. DYSLEXIA THERAPISTS
SECTION 10.001. The heading to Chapter 403, Occupations
Code, is amended to read as follows:
CHAPTER 403. [LICENSED DYSLEXIA PRACTITIONERS AND] LICENSED
DYSLEXIA THERAPISTS
SECTION 10.002. Section 403.001, Occupations Code, is
amended by adding Subdivisions (2-a) and (2-b) to read as follows:
(2-a) "Dyslexia" has the meaning assigned by Section
38.003, Education Code.
(2-b) "Dyslexia therapy" means the application of
nonmedical principles, methods, and procedures for identifying,
mitigating, or remediating dyslexia in individuals.
SECTION 10.003. Subchapter A, Chapter 403, Occupations
Code, is amended by adding Sections 403.004, 403.005, and 403.006
to read as follows:
Sec. 403.004. APPLICABILITY: TEACHER OR EMPLOYEE OF SCHOOL.
This chapter does not apply to a teacher or employee of a private or
public primary or secondary school who practices dyslexia therapy
within the scope of the teacher's or employee's employment.
Sec. 403.005. APPLICABILITY: FAMILY MEMBERS AND GUARDIANS.
This chapter does not apply to a family member or guardian of a
recipient of dyslexia therapy who is implementing a dyslexia
therapy plan for the recipient under the extended authority and
direction of a licensed dyslexia therapist or a person described by
Section 403.004.
Sec. 403.006. APPLICABILITY: SUPERVISED PERSONNEL. This
chapter does not apply to an unlicensed person who is implementing a
dyslexia therapy plan under the supervision of a licensed dyslexia
therapist.
SECTION 10.004. Section 403.0511, Occupations Code, is
amended to read as follows:
Sec. 403.0511. GENERAL POWERS AND DUTIES. (a) The
executive director shall administer and enforce this chapter.
(b) The commission shall adopt rules necessary to
administer and enforce this chapter.
SECTION 10.005. Section 403.101, Occupations Code, is
amended to read as follows:
Sec. 403.101. LICENSE REQUIRED. (a) Except as provided by
Subchapter A, a person may not engage in the practice of dyslexia
therapy unless the person holds a license under this chapter.
(b) A person may not use the title ["licensed dyslexia
practitioner" or] "licensed dyslexia therapist" in this state
unless the person holds a [the appropriate] license under this
chapter.
SECTION 10.006. Section 403.102, Occupations Code, is
amended to read as follows:
Sec. 403.102. ISSUANCE OF LICENSE. The department shall
issue a [licensed dyslexia practitioner or] licensed dyslexia
therapist license to an applicant who meets the requirements of
this chapter.
SECTION 10.007. Sections 403.106(a) and (b), Occupations
Code, are amended to read as follows:
(a) For purposes of determining whether an applicant
satisfies the training requirements for a license under this
chapter, a multisensory structured language education training
program completed by the applicant must:
(1) be accredited by a nationally recognized
accrediting organization;
(2) have in writing defined goals and objectives,
areas of authority, and policies and procedures;
(3) have the appropriate financial and management
resources to operate the training program, including a
knowledgeable administrator and standard accounting and reporting
procedures;
(4) have a physical site, equipment, materials,
supplies, and environment suitable for the training program;
(5) have a sufficient number of instructional
personnel who have completed the requirements for certification in
multisensory structured language education;
(6) have been reviewed by multisensory structured
language education professionals who are not affiliated with the
training program;
(7) have developed and followed procedures to maintain
and improve the quality of training provided by the program;
(8) have provided direct instruction in the principles
and in each element of multisensory structured language education
for a minimum of[:
[(A)] 200 contact hours of course work [for
training program participants who seek a licensed dyslexia
therapist license; and
[(B) 45 contact hours of course work for training
program participants who seek a licensed dyslexia practitioner
license];
(9) have required training program participants to
complete a program of supervised clinical experience in which the
participants provided multisensory structured language education
to students or adults, either individually or in small groups for a
minimum of [:
[(A)] 700 hours [for training program
participants who seek a licensed dyslexia therapist license; and
[(B) 60 hours for training program participants
who seek a licensed dyslexia practitioner license];
(10) have required training program participants to
demonstrate the application of multisensory structured language
education principles of instruction by completing demonstration
lessons observed by an instructor and followed by a conference with
and a written report by the instructor; and
(11) have provided instruction based on the Texas
Education Agency publication "The Dyslexia Handbook: Procedures
Concerning Dyslexia and Related Disorders (2007)," or a revised
version of that publication approved by the department.
(b) A training program must require a training program
participant [who seeks a licensed dyslexia practitioner license] to
have completed at least 10 [five] demonstration lessons described
by Subsection (a)(10) [and a participant who seeks a licensed
dyslexia therapist license to have completed at least 10
demonstration lessons].
SECTION 10.008. Subchapter C, Chapter 403, Occupations
Code, is amended by adding Section 403.111 to read as follows:
Sec. 403.111. PROVISIONAL LICENSE. (a) A person is
eligible for a provisional license under this chapter if the person
is:
(1) certified as a Certified Academic Language
Therapist by the Academic Language Therapy Association; and
(2) pursuing a master's degree from an accredited
public or private institution of higher education.
(b) The department shall issue a provisional license to an
applicant who:
(1) meets the requirements of Subsection (a);
(2) complies with commission rules;
(3) applies to the department on the form and in the
manner prescribed by the executive director; and
(4) pays the required fee.
(c) The commission shall adopt rules necessary to implement
this section.
(d) This section expires September 1, 2024.
SECTION 10.009. Section 403.151(b), Occupations Code, is
amended to read as follows:
(b) A person may not practice dyslexia therapy [licensed
dyslexia therapist may practice] in a [school, learning center,
clinic, or] private practice setting, including a learning center
or clinic, unless the person is a licensed dyslexia therapist.
SECTION 10.010. The following provisions of the Occupations
Code are repealed:
(1) Section 403.104; and
(2) Section 403.151(a).
SECTION 10.011. A license issued under a law that is
repealed by this article expires on the effective date of this Act.
SECTION 10.012. (a) 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.
(b) A violation of law committed before the effective date
of this Act is governed by the law in effect on the date the
violation was committed, and the former law is continued in effect
for that purpose.
ARTICLE 11. ORTHOTIC AND PROSTHETIC TECHNICIANS
SECTION 11.001. The following provisions of the Occupations
Code are repealed:
(1) Sections 605.002(19), (20), and (21); and
(2) Section 605.259.
SECTION 11.002. (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 11.003. 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 12. DIETITIANS
SECTION 12.001. 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 12.002. Sections 701.155 and 701.353, Occupations
Code, are repealed.
ARTICLE 13. INTERIOR DESIGNERS
SECTION 13.001. Section 1051.451, Occupations Code, is
amended to read as follows:
Sec. 1051.451. IMPOSITION OF ADMINISTRATIVE PENALTY. (a)
Except as provided by Subsection (b), the [The] board may impose an
administrative penalty on a person who engages in conduct for which
the person is subject to disciplinary action under this subtitle,
regardless of whether the person holds a certificate of
registration issued under this subtitle.
(b) The board may not impose an administrative penalty under
this subtitle on a person for conduct related to the practice of
interior design unless the person holds a certificate of
registration as an interior designer.
SECTION 13.002. Section 1053.251(a), Occupations Code, is
amended to read as follows:
(a) On a determination that a ground for disciplinary action
exists under Section 1053.252, the board shall:
(1) revoke, suspend, or refuse to renew a
certification of registration;
(2) reprimand a certificate holder; or
(3) impose an administrative penalty on a certificate
holder [person] under Subchapter I, Chapter 1051.
SECTION 13.003. Subchapter H, Chapter 1053, Occupations
Code, is repealed.
SECTION 13.004. Sections 1051.451 and 1053.251(a),
Occupations Code, as amended by this article, apply only to the
imposition of an administrative penalty for a violation that occurs
on or after the effective date of this Act. The imposition of an
administrative penalty for a violation that occurs before the
effective date of this Act is governed by the law in effect on the
date the violation occurred, and the former law is continued in
effect for that purpose.
SECTION 13.005. The repeal by this article of Subchapter H,
Chapter 1053, Occupations Code, does not apply to an offense
committed under that subchapter before the effective date of the
repeal. An offense committed before the effective date of the
repeal is governed by the law as it existed on the date the offense
was committed, and the former law is continued in effect for that
purpose. For purposes of this section, an offense was committed
before the effective date of the repeal if any element of the
offense occurred before that date.
ARTICLE 14. BARBERS AND COSMETOLOGISTS
SECTION 14.001. 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 14.002. 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 14.003. 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.
SECTION 14.004. Section 1603.104, Occupations Code, is
amended by amending Subsection (b) and adding Subsections (c) and
(c-1) to read as follows:
(b) Except as otherwise provided by this section, at [At]
least once every four [two] years, the department shall inspect
each shop or other facility that holds a license, certificate, or
permit in which the practice of barbering or cosmetology is
performed under this chapter, Chapter 1601, or Chapter 1602.
(c) At[, and at] least twice per year, the department shall
inspect each school in which barbering or cosmetology is taught
under this chapter, Chapter 1601, or Chapter 1602.
(c-1) At least once every two years, the department shall
inspect each specialty shop that holds a license, certificate, or
permit issued under this chapter, Chapter 1601, or Chapter 1602 and
at which the practices described by Section 1601.002(1)(E) or (F)
or 1602.002(a)(8) or (9) are performed.
ARTICLE 15. USED AUTOMOTIVE PARTS RECYCLERS
SECTION 15.001. 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 15.002. The heading to Section 2309.106,
Occupations Code, is amended to read as follows:
Sec. 2309.106. PERIODIC [AND RISK-BASED] INSPECTIONS.
SECTION 15.003. The following provisions of the Occupations
Code are repealed:
(1) Sections 2309.106(c) and (d); and
(2) Section 2309.154.
SECTION 15.004. (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 15.005. (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 16. EFFECTIVE DATE
SECTION 16.001. This Act takes effect September 1, 2019.