Texas 2019 - 86th Regular

Texas House Bill HB2847 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2847
	1	+	By: Goldman (Senate Sponsor - Hancock) H.B. No. 2847
	2	+	(In the Senate - Received from the House April 26, 2019;
	3	+	April 30, 2019, read first time and referred to Committee on
	4	+	Business & Commerce; May 14, 2019, reported adversely, with
	5	+	favorable Committee Substitute by the following vote: Yeas 6,
	6	+	Nays 0; May 14, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 2847 By: Hancock
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the licensing and regulation of certain occupations,
6	14		activities, and agreements; providing a civil penalty; authorizing
7	15		fees; requiring an occupational registration and an occupational
8	16		license.
9	17		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	18		ARTICLE 1. EXCESS WEAR AND USE WAIVERS FOR LEASES OF MOTOR VEHICLES
11	19		SECTION 1.001. Subtitle B, Title 5, Business & Commerce
12	20		Code, is amended by adding Chapter 94 to read as follows:
13	21		CHAPTER 94. EXCESS WEAR AND USE WAIVERS FOR LEASES OF MOTOR
14	22		VEHICLES
15	23		Sec. 94.001. DEFINITIONS. In this chapter:
16	24		(1) "Excess wear and use waiver" means a provision of
17	25		or addendum to a lease agreement under which the lessor agrees to
18	26		not hold a lessee liable for all or part of the excess wear and use
19	27		to a motor vehicle.
20	28		(2) "Lease agreement" means an agreement, including
21	29		any addendum to the agreement, entered into in this state under
22	30		which a lessee pays a fee or other consideration to a lessor for the
23	31		right to possession and use of a motor vehicle for a term of more
24	32		than 180 days, regardless of whether the agreement provides the
25	33		lessee an option to purchase or otherwise become the owner of the
26	34		motor vehicle upon the expiration of the term of the agreement.
27	35		(3) "Lessee" means an individual who acquires the
28	36		right to possession and use of a motor vehicle under a lease
29	37		agreement primarily for personal, family, or household purposes.
30	38		(4) "Lessor" means a person who, in the ordinary
31	39		course of business, regularly leases, offers to lease, or arranges
32	40		for the lease of a motor vehicle under a lease agreement. Unless
33	41		the context clearly indicates otherwise, the term includes an
34	42		assignee of the lessor.
35	43		(5) "Motor vehicle" has the meaning assigned by
36	44		Section 541.201, Transportation Code.
37	45		Sec. 94.002. CONTRACT FOR EXCESS WEAR AND USE WAIVER. A
38	46		lessee may contract with a lessor for an excess wear and use waiver
39	47		in connection with a lease agreement.
40	48		Sec. 94.003. RESTRICTIONS ON LESSOR CONCERNING EXCESS WEAR
41	49		AND USE WAIVER. A lessor may not:
42	50		(1) sell an excess wear and use waiver, unless:
43	51		(A) the lease agreement containing the excess
44	52		wear and use waiver complies with this chapter; and
45	53		(B) the lessee agrees to the excess wear and use
46	54		waiver in writing; or
47	55		(2) impose or require the purchase of an excess wear
48	56		and use waiver as a condition of entering into a lease agreement.
49	57		Sec. 94.004. REQUIRED NOTICE. An excess wear and use waiver
50	58		must be in writing and include a notice substantially similar to the
51	59		following:
52	60		"This excess wear and use waiver is optional, is not a
53	61		condition of leasing the vehicle, and is being provided for an
54	62		additional charge to cover your responsibility for any excess wear
55	63		and use to the leased vehicle."
56	64		Sec. 94.005. REQUIRED DISCLOSURES. A lease agreement that
57	65		includes an excess wear and use waiver must disclose:
58	66		(1) the total charge for the excess wear and use
59	67		waiver; and
60	68		(2) any exclusions or limitations on the amount of
61	69		excess wear and use that may be waived under the excess wear and use
62	70		waiver.
63	71		Sec. 94.006. RELATIONSHIP TO INSURANCE. An excess wear and
64	72		use waiver is not insurance.
65	73		Sec. 94.007. CIVIL PENALTY. A lessor that violates this
66	74		chapter is liable for a civil penalty in an amount of not less than
67	75		$500 or more than $1,000 for each violation.
68	76		Sec. 94.008. INJUNCTIVE RELIEF. A person injured or
69	77		threatened with injury by a violation of this chapter may seek
70	78		injunctive relief against the person committing or threatening to
71	79		commit the violation.
72	80		Sec. 94.009. SUIT FOR CIVIL PENALTY OR INJUNCTIVE RELIEF.
73	81		The attorney general or a county or district attorney may bring an
74	82		action in the name of the state for a civil penalty under Section
75	83		94.007, injunctive relief under Section 94.008, or both.
76	84		SECTION 1.002. The change in law made by this article
77	85		applies only to a lease agreement entered into on or after the
78	86		effective date of this Act. A lease agreement entered into before
79	87		the effective date of this Act is governed by the law in effect on
80	88		the date the lease agreement was entered into, and the former law is
81	89		continued in effect for that purpose.
82	90		ARTICLE 2. DRIVER EDUCATION
83	91		SECTION 2.001. Section 1001.001(7), Education Code, is
84	92		amended to read as follows:
85	93		(7) "Driver education school" means an enterprise
86	94		that:
87	95		(A) maintains a place of business or solicits
88	96		business in this state; and
89	97		(B) is operated by an individual, association,
90	98		partnership, or corporation for educating and training persons [at
91	99		a primary or branch location] in driver education or driver
92	100		education instructor development.
93	101		SECTION 2.002. Section 1001.151(e), Education Code, is
94	102		amended to read as follows:
95	103		(e) The commission may establish a fee for an application
96	104		for approval to offer a driver education course [by an alternative
97	105		method of instruction under Section 1001.3541].
98	106		SECTION 2.003. Section 1001.204(b), Education Code, is
99	107		amended to read as follows:
100	108		(b) The department shall approve an application for a driver
101	109		education school license if the application is submitted on a form
102	110		approved by the department [executive director], the application is
103	111		accompanied by [includes] the fee, and the department determines
104	112		[on inspection of the premises of the school, it is determined] that
105	113		the school:
106	114		(1) has courses, curricula, and instruction of a
107	115		quality, content, and length that reasonably and adequately achieve
108	116		the stated objective for which the courses, curricula, and
109	117		instruction are offered;
110	118		(2) has adequate space, equipment, instructional
111	119		material, and instructors to provide training of good quality in
112	120		the classroom and behind the wheel, if applicable;
113	121		(3) has instructors who have adequate educational
114	122		qualifications and experience;
115	123		(4) provides to each student before enrollment:
116	124		(A) a copy of:
117	125		(i) the refund policy;
118	126		(ii) the schedule of tuition, fees, and
119	127		other charges; and
120	128		(iii) the regulations relating to absence,
121	129		grading policy, and rules of operation and conduct; and
122	130		(B) the department's name, mailing address,
123	131		telephone number, and Internet website address for the purpose of
124	132		directing complaints to the department;
125	133		(5) maintains adequate records as prescribed by the
126	134		department to show attendance and progress or grades and enforces
127	135		satisfactory standards relating to attendance, progress, and
128	136		conduct;
129	137		(6) on completion of training, issues each student a
130	138		certificate indicating the course name and satisfactory
131	139		completion;
132	140		(7) complies with all county, municipal, state, and
133	141		federal regulations, including fire, building, and sanitation
134	142		codes and assumed name registration, if applicable;
135	143		(8) is financially sound and capable of fulfilling its
136	144		commitments for training;
137	145		(9) maintains and publishes as part of its student
138	146		enrollment contract the proper policy for the refund of the unused
139	147		portion of tuition, fees, and other charges if a student fails to
140	148		take the course or withdraws or is discontinued from the school at
141	149		any time before completion;
142	150		(10) does not use erroneous or misleading advertising,
143	151		either by actual statement, omission, or intimation, as determined
144	152		by the department;
145	153		(11) does not use a name similar to the name of another
146	154		existing school or tax-supported educational institution in this
147	155		state, unless specifically approved in writing by the executive
148	156		director;
149	157		(12) submits to the department for approval the
150	158		applicable course hour lengths and curriculum content for each
151	159		course offered by the school;
152	160		(13) does not owe an administrative penalty for a
153	161		violation of this chapter; [and]
154	162		(14) meets any additional criteria required by the
155	163		department, including any applicable inspection requirements; and
156	164		(15) provides adequate testing and security measures
157	165		for the school's method of instruction.
158	166		SECTION 2.004. Section 1001.2513, Education Code, is
159	167		amended to read as follows:
160	168		Sec. 1001.2513. CONFIDENTIALITY OF INFORMATION. A social
161	169		security number, driver's license number, other identification
162	170		number, or fingerprint record [Information] collected for [about] a
163	171		person to comply with Section 1001.2511[, including the person's
164	172		name, address, phone number, social security number, driver's
165	173		license number, other identification number, and fingerprint
166	174		records]:
167	175		(1) may not be released except:
168	176		(A) to provide relevant information to driver
169	177		education schools or otherwise to comply with Section 1001.2511;
170	178		(B) by court order; or
171	179		(C) with the consent of the person who is the
172	180		subject of the information;
173	181		(2) is not subject to disclosure as provided by
174	182		Chapter 552, Government Code; and
175	183		(3) shall be destroyed by the requestor or any
176	184		subsequent holder of the information not later than the first
177	185		anniversary of the date the information is received.
178	186		SECTION 2.005. Subchapter F, Chapter 1001, Education Code,
179	187		is amended by adding Sections 1001.2531, 1001.2532, 1001.2533,
180	188		1001.2534, and 1001.2535 to read as follows:
181	189		Sec. 1001.2531. DRIVER EDUCATION INSTRUCTOR REQUIREMENTS.
182	190		(a) The commission by rule shall establish standards for a driver
183	191		education instructor to be certified as a teaching assistant,
184	192		driver education teacher, or supervising teacher.
185	193		(b) An applicant for a driver education instructor license
186	194		under this section must:
187	195		(1) apply to the department on a form prescribed by the
188	196		department and under rules adopted by the commission;
189	197		(2) submit with the application a nonrefundable
190	198		application fee in an amount set by commission rule; and
191	199		(3) present satisfactory evidence to the department
192	200		that the applicant:
193	201		(A) is at least 21 years of age;
194	202		(B) holds a high school diploma or high school
195	203		equivalency certificate; and
196	204		(C) meets any other requirement established by
197	205		commission rule.
198	206		Sec. 1001.2532. TEACHING ASSISTANT. (a) A teaching
199	207		assistant is a driver education instructor who is authorized to
200	208		teach or provide only behind-the-wheel training.
201	209		(b) To be eligible to be certified as a teaching assistant,
202	210		a driver education instructor must:
203	211		(1) have successfully completed:
204	212		(A) six semester hours of driver and traffic
205	213		safety education from an accredited college or university; or
206	214		(B) a teaching assistant development course
207	215		approved by the department; and
208	216		(2) pass any required examination.
209	217		Sec. 1001.2533. DRIVER EDUCATION TEACHER. (a) A driver
210	218		education teacher is a driver education instructor who is
211	219		authorized to teach or provide behind-the-wheel training and
212	220		classroom training.
213	221		(b) To be eligible to be certified as a driver education
214	222		teacher, a driver education instructor must:
215	223		(1) have successfully completed:
216	224		(A) nine semester hours of driver and traffic
217	225		safety education from an accredited college or university; or
218	226		(B) a driver education teacher development
219	227		course approved by the department; and
220	228		(2) pass any required examination.
221	229		Sec. 1001.2534. SUPERVISING TEACHER. (a) A supervising
222	230		teacher is a driver education instructor who is authorized to teach
223	231		instructor training classes.
224	232		(b) To be eligible to be certified as a supervising teacher,
225	233		a driver education instructor must have:
226	234		(1) been certified as a driver education teacher for
227	235		at least one year; and
228	236		(2) successfully completed:
229	237		(A) 15 semester hours of driver and traffic
230	238		safety education from an accredited college or university; or
231	239		(B) a supervising teacher development course
232	240		approved by the department.
233	241		(c) The commission, department, or executive director may
234	242		adopt an alternative method to determine or verify an instructor's
235	243		eligibility under Subsection (b).
236	244		Sec. 1001.2535. DEVELOPMENT COURSE FOR TEACHING ASSISTANT,
237	245		DRIVER EDUCATION TEACHER, OR SUPERVISING TEACHER. The classroom
238	246		portion of a development course required for certification as a
239	247		teaching assistant, driver education teacher, or supervising
240	248		teacher may be completed online.
241	249		SECTION 2.006. Subchapter H, Chapter 1001, Education Code,
242	250		is amended by adding Section 1001.3542 to read as follows:
243	251		Sec. 1001.3542. METHOD OF INSTRUCTION FOR DRIVER EDUCATION
244	252		COURSE. A driver education school may teach a driver education
245	253		course by any method approved by the department, including an
246	254		alternative method under Section 1001.3541 or a traditional method
247	255		under Subchapter C.
248	256		SECTION 2.007. The following provisions of the Education
249	257		Code are repealed:
250	258		(1) Sections 1001.253, 1001.254, and 1001.256; and
251	259		(2) Section 1001.3541(b).
252	260		SECTION 2.008. (a) As soon as practicable after the
253	261		effective date of this Act, the Texas Commission of Licensing and
254	262		Regulation shall adopt rules to implement Section 1001.204(b),
255	263		Education Code, as amended by this article, and Section 1001.2531,
256	264		Education Code, as added by this article.
257	265		(b) A driver education instructor license issued under
258	266		Section 1001.253, Education Code, before the repeal of that section
259	267		by this article, continues to be valid until the license expires,
260	268		and former Section 1001.253, Education Code, is continued in effect
261	269		for that purpose.
262	270		(c) A person who holds on the effective date of this Act a
263	271		driver education instructor license described by former Section
264	272		1001.253(b), Education Code, is entitled on expiration of that
265	273		license to issuance of a driver education instructor license
266	274		certified as a teaching assistant under Section 1001.2532,
267	275		Education Code, as added by this article, if the person otherwise
268	276		meets the requirements for renewal of a driver education instructor
269	277		license certified as a teaching assistant.
270	278		(d) A person who holds on the effective date of this Act a
271	279		driver education instructor license described by former Section
272	280		1001.253(c), Education Code, is entitled on expiration of that
273	281		license to issuance of a driver education instructor license
274	282		certified as a driver education teacher under Section 1001.2533,
275	283		Education Code, as added by this article, if the person otherwise
276	284		meets the requirements for renewal of a driver education instructor
277	285		license certified as a driver education teacher.
278	286		(e) A person who holds on the effective date of this Act a
279	287		driver education instructor license described by former Section
280	288		1001.253(e), Education Code, is entitled on expiration of that
281	289		license to issuance of a driver education instructor license
282	290		certified as a supervising teacher under Section 1001.2534,
283	291		Education Code, as added by this article, if the person otherwise
284	292		meets the requirements for renewal of a driver education instructor
285	293		license certified as a supervising teacher.
286	294		(f) The changes in law made by this article do not affect the
287	295		validity of a disciplinary action or other proceeding that was
288	296		initiated before the effective date of this Act and that is pending
289	297		before a court or other governmental entity on the effective date of
290	298		this Act.
291	299		(g) Sections 1001.2531, 1001.2532, 1001.2533, and
292	300		1001.2534, Education Code, as added by this article, apply only to
293	301		an application for, or renewal of, an instructor license submitted
294	302		to the Texas Department of Licensing and Regulation on or after the
295	303		effective date of this Act. An application submitted before that
296	304		date is governed by the law in effect when the application was
297	305		submitted, and the former law is continued in effect for that
298	306		purpose.
299	307		ARTICLE 3. LASER HAIR REMOVAL
300	308		SECTION 3.001. Subchapter M, Chapter 401, Health and Safety
301	309		Code, is amended by adding Section 401.509 to read as follows:
302	310		Sec. 401.509. CONTINUING EDUCATION. The commission by rule
303	311		shall establish continuing education requirements for renewal of a
304	312		certificate under this subchapter.
305	313		SECTION 3.002. As soon as practicable after the effective
306	314		date of this Act, the Texas Commission of Licensing and Regulation
307	315		shall adopt the rules necessary to implement Section 401.509,
308	316		Health and Safety Code, as added by this article.
309	317		ARTICLE 4. PHARMACISTS
310	318		SECTION 4.001. Section 481.075(i), Health and Safety Code,
311	319		is amended to read as follows:
312	320		(i) Each dispensing pharmacist shall:
313	321		(1) fill in on the official prescription form or note
314	322		in the electronic prescription record each item of information
315	323		given orally to the dispensing pharmacy under Subsection (h) and
316	324		the date the prescription is filled, and:
317	325		(A) for a written prescription, fill in the
318	326		dispensing pharmacist's signature; or
319	327		(B) for an electronic prescription,
320	328		appropriately record the identity of the dispensing pharmacist in
321	329		the electronic prescription record;
322	330		(2) retain with the records of the pharmacy for at
323	331		least two years:
324	332		(A) the official prescription form or the
325	333		electronic prescription record, as applicable; and
326	334		(B) the name or other patient identification
327	335		required by Section 481.074(m) or (n); [and]
328	336		(3) send all required information, including any
329	337		information required to complete an official prescription form or
330	338		electronic prescription record, to the board by electronic transfer
331	339		or another form approved by the board not later than the next
332	340		business day after the date the prescription is completely filled;
333	341		and
334	342		(4) if the pharmacy does not dispense any controlled
335	343		substance prescriptions during a period of seven consecutive days,
336	344		send a report to the board indicating that the pharmacy did not
337	345		dispense any controlled substance prescriptions during that
338	346		period, unless the pharmacy has obtained a waiver or permission to
339	347		delay reporting to the board.
340	348		SECTION 4.002. Sections 481.076(a) and (k), Health and
341	349		Safety Code, are amended to read as follows:
342	350		(a) The board may not permit any person to have access to
343	351		information submitted to the board under Section 481.074(q) or
344	352		481.075 except:
345	353		(1) the board, the Texas Medical Board, the Texas
346	354		Department of Licensing and Regulation, with respect to the
347	355		regulation of podiatrists [State Board of Podiatric Medical
348	356		Examiners], the State Board of Dental Examiners, the State Board of
349	357		Veterinary Medical Examiners, the Texas Board of Nursing, or the
350	358		Texas Optometry Board for the purpose of:
351	359		(A) investigating a specific license holder; or
352	360		(B) monitoring for potentially harmful
353	361		prescribing or dispensing patterns or practices under Section
354	362		481.0762;
355	363		(2) an authorized officer or member of the department
356	364		or authorized employee of the board engaged in the administration,
357	365		investigation, or enforcement of this chapter or another law
358	366		governing illicit drugs in this state or another state;
359	367		(3) the department on behalf of a law enforcement or
360	368		prosecutorial official engaged in the administration,
361	369		investigation, or enforcement of this chapter or another law
362	370		governing illicit drugs in this state or another state;
363	371		(4) a medical examiner conducting an investigation;
364	372		(5) provided that accessing the information is
365	373		authorized under the Health Insurance Portability and
366	374		Accountability Act of 1996 (Pub. L. No. 104-191) and regulations
367	375		adopted under that Act:
368	376		(A) a pharmacist or a pharmacist-intern,
369	377		pharmacy technician, or pharmacy technician trainee, as defined by
370	378		Section 551.003, Occupations Code, acting at the direction of a
371	379		pharmacist, who is inquiring about a recent Schedule II, III, IV, or
372	380		V prescription history of a particular patient of the pharmacist;
373	381		or
374	382		(B) a practitioner who:
375	383		(i) is a physician, dentist, veterinarian,
376	384		podiatrist, optometrist, or advanced practice nurse or is a
377	385		physician assistant described by Section 481.002(39)(D) or an
378	386		employee or other agent of a practitioner acting at the direction of
379	387		a practitioner; and
380	388		(ii) is inquiring about a recent Schedule
381	389		II, III, IV, or V prescription history of a particular patient of
382	390		the practitioner;
383	391		(6) a pharmacist or practitioner who is inquiring
384	392		about the person's own dispensing or prescribing activity or a
385	393		practitioner who is inquiring about the prescribing activity of an
386	394		individual to whom the practitioner has delegated prescribing
387	395		authority; or
388	396		(7) one or more states or an association of states with
389	397		which the board has an interoperability agreement, as provided by
390	398		Subsection (j).
391	399		(k) A person authorized to access information under
392	400		Subsection (a)(4) or (5) who is registered with the board for
393	401		electronic access to the information is entitled to directly access
394	402		the information available from other states pursuant to an
395	403		interoperability agreement described by Subsection (j).
396	404		SECTION 4.003. Section 481.0766(a), Health and Safety Code,
397	405		is amended to read as follows:
398	406		(a) A wholesale distributor shall report to the board the
399	407		distribution of all Schedules II, III, IV, and V controlled
400	408		substances [information that the distributor is required to report
401	409		to the Automation of Reports and Consolidated Orders System (ARCOS)
402	410		of the Federal Drug Enforcement Administration for the distribution
403	411		of a controlled substance] by the distributor to a person in this
404	412		state. The distributor shall report the information to the board in
405	413		the same format and with the same frequency as the information is
406	414		reported to the Federal Drug Enforcement Administration [ARCOS].
407	415		SECTION 4.004. Section 481.353(a), Health and Safety Code,
408	416		is amended to read as follows:
409	417		(a) The work group shall meet when necessary as determined
410	418		by the board [at least quarterly].
411	419		SECTION 4.005. Section 560.051(f), Occupations Code, is
412	420		amended to read as follows:
413	421		(f) A Class E pharmacy license or nonresident pharmacy
414	422		license may be issued to a pharmacy located in another state whose
415	423		primary business is to:
416	424		(1) [(A)] dispense a prescription drug or device under
417	425		a prescription drug order[;] and
418	426		[(B)] deliver the drug or device to a patient,
419	427		including a patient in this state, by United States mail, common
420	428		carrier, or delivery service;
421	429		(2) process a prescription drug order for a patient,
422	430		including a patient in this state; or
423	431		(3) perform another pharmaceutical service, as
424	432		defined by board rule.
425	433		SECTION 4.006. The following provisions of the Occupations
426	434		Code are repealed:
427	435		(1) Sections 554.016, 556.0555, 560.001(c), 560.0525,
428	436		561.003(f), 562.101(f-1), and 562.111; and
429	437		(2) Subchapter E, Chapter 562.
430	438		SECTION 4.007. To the extent of any conflict, Section
431	439		481.076(a), Health and Safety Code, as amended by this article,
432	440		prevails over another Act of the 86th Legislature, Regular Session,
433	441		2019, relating to nonsubstantive additions to and corrections in
434	442		enacted codes.
435	443		ARTICLE 5. ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT
436	444		SECTION 5.001. Chapter 754, Health and Safety Code, is
437	445		amended by adding Section 754.026 to read as follows:
438	446		Sec. 754.026. DISCLOSURE OF E-MAIL ADDRESS.
439	447		Notwithstanding any other law, an e-mail address provided to the
440	448		department relating to an inspection or review of plans under this
441	449		chapter is not confidential and is subject to disclosure under
442	450		Chapter 552, Government Code.
443	451		ARTICLE 6. BOILERS
444	452		SECTION 6.001. Section 755.025, Health and Safety Code, is
445	453		amended by adding Subsection (h) to read as follows:
446	454		(h) Notwithstanding any other law, an e-mail address
447	455		provided to the department relating to an inspection under this
448	456		chapter is not confidential and is subject to disclosure under
449	457		Chapter 552, Government Code.
450	458		SECTION 6.002. Section 755.029(c), Health and Safety Code,
451	459		is amended to read as follows:
452	460		(c) A certificate of operation must be posted [under glass]
453	461		in a conspicuous place on or near the boiler for which it is issued.
454	462		ARTICLE 7. TEXAS DEPARTMENT OF LICENSING AND REGULATION
455	463		SECTION 7.001. Section 51.203, Occupations Code, is amended
456	464		to read as follows:
457	465		Sec. 51.203. RULES REGARDING PROGRAMS REGULATED BY
458	466		DEPARTMENT. (a) The commission shall adopt rules as necessary to
459	467		implement each law establishing a program regulated by the
460	468		department.
461	469		(b) Notwithstanding any other law, for each program
462	470		regulated by the department, including a program under which a
463	471		license is issued by the department, the commission by rule may
464	472		establish:
465	473		(1) the length of a license term, not to exceed two
466	474		years;
467	475		(2) a fee for the issuance or renewal of a license; and
468	476		(3) any continuing education required to renew a
469	477		license.
470	478		SECTION 7.002. Section 51.2031(a-2), Occupations Code, is
471	479		amended to read as follows:
472	480		(a-2) For each rule proposed under Subsection (a-1), the
473	481		commission shall either adopt the rule as proposed or return the
474	482		rule to the advisory board for revision. The commission retains
475	483		authority for final adoption of all rules and is responsible for
476	484		ensuring compliance with all laws regarding the rulemaking process.
477	485		[This subsection and Subsection (a-1) expire September 1, 2019.]
478	486		SECTION 7.003. Section 51.252, Occupations Code, is amended
479	487		by amending Subsection (b) and adding Subsections (b-1) and (e) to
480	488		read as follows:
481	489		(b) The department shall maintain a file on each written
482	490		complaint filed with the department. The file must include:
483	491		(1) except for a complaint described by Subsection
484	492		(b-1), the name of the person who filed the complaint;
485	493		(2) the date the complaint is received by the
486	494		department;
487	495		(3) the subject matter of the complaint;
488	496		(4) the name of each person contacted in relation to
489	497		the complaint;
490	498		(5) a summary of the results of the review or
491	499		investigation of the complaint; and
492	500		(6) an explanation of the reason the file was closed,
493	501		if the department closed the file without taking action other than
494	502		to investigate the complaint.
495	503		(b-1) The department may accept, but is not required to
496	504		investigate, a complaint that lacks sufficient information to
497	505		identify the source or the name of the person who filed the
498	506		complaint.
499	507		(e) The department may contract with a qualified
500	508		individual, including an advisory board member unless otherwise
501	509		prohibited by law, to assist the department with reviewing or
502	510		investigating complaints filed with the department. Except for an
503	511		act of the individual involving fraud, conspiracy, or malice, an
504	512		individual with whom the department contracts under this subsection
505	513		is immune from liability and may not be subject to a suit for
506	514		damages for any act arising from the performance of the
507	515		individual's duties in:
508	516		(1) participating in an informal conference to
509	517		determine the facts of a complaint;
510	518		(2) evaluating evidence in a complaint and offering an
511	519		expert opinion or technical guidance on an alleged violation of:
512	520		(A) a law establishing a regulatory program
513	521		administered by the department; or
514	522		(B) a rule adopted or order issued by the
515	523		executive director or commission;
516	524		(3) testifying at a hearing regarding a complaint; or
517	525		(4) making an evaluation, report, or recommendation
518	526		regarding a complaint.
519	527		SECTION 7.004. Subchapter E, Chapter 51, Occupations Code,
520	528		is amended by adding Section 51.254 to read as follows:
521	529		Sec. 51.254. CONFIDENTIALITY OF COMPLAINT AND DISCIPLINARY
522	530		INFORMATION. (a) In this section, unless the context requires
523	531		otherwise:
524	532		(1) "Disciplinary action" includes, with respect to
525	533		any person subject to regulation by the department or the
526	534		commission:
527	535		(A) enforcement activity, prosecution,
528	536		discipline, or penalization; and
529	537		(B) any related complaint, investigation, or
530	538		resolution of a complaint or investigation.
531	539		(2) "Patient" includes:
532	540		(A) a patient;
533	541		(B) a client; and
534	542		(C) an authorized representative of a patient or
535	543		client.
536	544		(b) This section applies to health-related professions
537	545		regulated by this state the administration of which is assigned to
538	546		the department by law, including the following professions:
539	547		(1) athletic trainers regulated under Chapter 451;
540	548		(2) behavior analysts regulated under Chapter 506;
541	549		(3) dietitians regulated under Chapter 701;
542	550		(4) dyslexia practitioners and dyslexia therapists
543	551		regulated under Chapter 403;
544	552		(5) hearing instrument fitters and dispensers
545	553		regulated under Chapter 402;
546	554		(6) massage therapists regulated under Chapter 455;
547	555		(7) midwives regulated under Chapter 203;
548	556		(8) orthotists and prosthetists regulated under
549	557		Chapter 605;
550	558		(9) podiatrists regulated under Chapter 202; and
551	559		(10) speech-language pathologists and audiologists
552	560		regulated under Chapter 401.
553	561		(c) Except as otherwise provided by this section, a
554	562		complaint and investigation concerning a person to whom this
555	563		section applies and all information and materials subpoenaed or
556	564		compiled by the department in connection with the complaint and
557	565		investigation are confidential and not subject to:
558	566		(1) disclosure under Chapter 552, Government Code; or
559	567		(2) disclosure, discovery, subpoena, or other means of
560	568		legal compulsion for their release to any person.
561	569		(d) A complaint or investigation subject to this section and
562	570		all information and materials subpoenaed or compiled by the
563	571		department in connection with the complaint and investigation may
564	572		be disclosed to:
565	573		(1) persons involved with the department in a
566	574		disciplinary action;
567	575		(2) a respondent or the respondent's authorized
568	576		representative;
569	577		(3) a governmental agency, if:
570	578		(A) the disclosure is required or permitted by
571	579		law; and
572	580		(B) the agency obtaining the disclosure protects
573	581		the identity of any patient whose records are examined;
574	582		(4) a professional licensing, credentialing, or
575	583		disciplinary entity in another jurisdiction;
576	584		(5) a peer assistance program approved by the
577	585		commission under Chapter 467, Health and Safety Code, including a
578	586		properly established peer assistance program in another
579	587		jurisdiction;
580	588		(6) a peer review committee reviewing a license
581	589		holder's application for privileges or the license holder's
582	590		qualifications related to retaining the privileges;
583	591		(7) a law enforcement agency; and
584	592		(8) a person engaged in bona fide research, if all
585	593		individual-identifying information has been deleted.
586	594		(e) Notwithstanding any other provision of this section, if
587	595		a department investigation would be jeopardized by the release or
588	596		disclosure, the department may temporarily withhold or otherwise
589	597		refrain from releasing or disclosing to any person any information
590	598		or materials that the department would otherwise be required to
591	599		release or disclose.
592	600		(f) The department may not be compelled to release or
593	601		disclose complaint and investigation information or materials to a
594	602		person listed in Subsection (d) if the department has not issued a
595	603		notice of alleged violation related to the information or
596	604		materials.
597	605		(g) The department may release or disclose complaint and
598	606		investigation information or materials in accordance with
599	607		Subsection (d) at any stage of a disciplinary action.
600	608		(h) The department shall protect the identity of any patient
601	609		whose records are examined in connection with a disciplinary
602	610		action, other than a patient who:
603	611		(1) initiates the disciplinary action;
604	612		(2) is a witness in the disciplinary action; or
605	613		(3) has submitted a written consent to release the
606	614		records.
607	615		(i) Notices of alleged violation issued by the department
608	616		against respondents, disciplinary proceedings of the department,
609	617		commission, or executive director, and final disciplinary actions,
610	618		including warnings and reprimands, by the department, commission,
611	619		or executive director are not confidential and are subject to
612	620		disclosure in accordance with Chapter 552, Government Code.
613	621		SECTION 7.005. Section 202.2032(c), Occupations Code, is
614	622		amended to read as follows:
615	623		(c) Notwithstanding any confidentiality requirements under
616	624		Chapter 552, Government Code, Chapter 51, or this chapter, a
617	625		complaint filed with the department by an insurance agent, insurer,
618	626		pharmaceutical company, or third-party administrator against a
619	627		license holder must include the name and address of the insurance
620	628		agent, insurer, pharmaceutical company, or third-party
621	629		administrator filing the complaint.
622	630		SECTION 7.006. Section 202.404(e), Occupations Code, is
623	631		amended to read as follows:
624	632		(e) The department shall protect the identity of a patient
625	633		whose podiatric records are examined or provided under Subsection
626	634		(c) [or (d)], other than a patient who:
627	635		(1) is covered under Subsection (a)(1); or
628	636		(2) has submitted written consent to the release of
629	637		the patient's podiatric records as provided by Section 202.406.
630	638		SECTION 7.007. Section 202.509(g), Occupations Code, is
631	639		amended to read as follows:
632	640		(g) The department's disclosure of information under
633	641		Subsection [(b), (d), or] (f) of this section, Section 202.2031, or
634	642		Section 202.2032 does not constitute a waiver of privilege or
635	643		confidentiality under this chapter or any other law.
636	644		SECTION 7.008. The following provisions of the Occupations
637	645		Code are repealed:
638	646		(1) Section 202.404(d);
639	647		(2) Sections 202.509(a), (b), (c), (d), and (h);
640	648		(3) Section 401.2535;
641	649		(4) Section 402.154;
642	650		(5) Section 451.110;
643	651		(6) Section 506.202;
644	652		(7) Subchapter E, Chapter 605; and
645	653		(8) Subchapter E, Chapter 701.
646	654		SECTION 7.009. The changes in law made by this article apply
647	655		to a disciplinary action initiated before the effective date of
648	656		this Act that has not resulted in a final order issued on or before
649	657		the effective date of this Act and to a disciplinary action
650	658		initiated on or after the effective date of this Act.
651	659		ARTICLE 8. PODIATRISTS
652	660		SECTION 8.001. Section 202.2032(d), Occupations Code, is
653	661		amended to read as follows:
654	662		(d) The [Not later than the 15th day after the date the
655	663		complaint is filed with the department, the] department shall
656	664		notify the license holder who is the subject of the complaint of the
657	665		name and address of the insurance agent, insurer, pharmaceutical
658	666		company, or third-party administrator who filed the complaint,
659	667		unless the notice would jeopardize an investigation.
660	668		SECTION 8.002. Subchapter E, Chapter 202, Occupations Code,
661	669		is amended by adding Section 202.204 to read as follows:
662	670		Sec. 202.204. EXPERT WITNESS. (a) In this section, "expert
663	671		witness" means a podiatrist or other qualified individual with whom
664	672		the department contracts to assist the department with reviewing,
665	673		investigating, or prosecuting complaints filed under this chapter.
666	674		(b) The department may contract with an expert witness,
667	675		including an advisory board member under Section 202.051(a)(1), to
668	676		assist the department with reviewing, investigating, or
669	677		prosecuting a complaint filed under this chapter.
670	678		(c) Except for an act by an expert witness involving fraud,
671	679		conspiracy, or malice, an expert witness is immune from liability
672	680		and may not be subject to a suit for damages for any act arising from
673	681		the performance of the expert witness's duties in:
674	682		(1) participating in an informal conference to
675	683		determine the facts of a complaint;
676	684		(2) evaluating evidence in a complaint and offering an
677	685		opinion or technical guidance on an alleged violation of this
678	686		chapter or a rule adopted under this chapter;
679	687		(3) testifying at a hearing regarding a complaint; or
680	688		(4) making an evaluation, report, or recommendation
681	689		regarding a complaint.
682	690		SECTION 8.003. Section 202.253(a-1), Occupations Code, is
683	691		amended to read as follows:
684	692		(a-1) The commission or department may refuse to admit a
685	693		person to an examination, and may refuse to issue a license to
686	694		practice podiatry to a person, for:
687	695		(1) presenting a license, certificate, or diploma that
688	696		was illegally or fraudulently obtained or engaging in fraud or
689	697		deception in passing the examination;
690	698		(2) being convicted of[:
691	699		[(A) a felony;
692	700		[(B) a crime that involves moral turpitude; or
693	701		[(C)] an offense under Section 202.606;
694	702		(3) engaging in habits of intemperance or drug
695	703		addiction that in the department's opinion would endanger the
696	704		health, well-being, or welfare of patients;
697	705		(4) engaging in grossly unprofessional or
698	706		dishonorable conduct of a character that in the department's
699	707		opinion is likely to deceive or defraud the public;
700	708		(5) directly or indirectly violating or attempting to
701	709		violate this chapter or a rule adopted under this chapter as a
702	710		principal, accessory, or accomplice;
703	711		(6) using any advertising statement of a character
704	712		tending to mislead or deceive the public;
705	713		(7) advertising professional superiority or the
706	714		performance of professional service in a superior manner;
707	715		(8) purchasing, selling, bartering, or using or
708	716		offering to purchase, sell, barter, or use a podiatry degree,
709	717		license, certificate, diploma, or a transcript of a license,
710	718		certificate, or diploma, in or incident to an application for a
711	719		license to practice podiatry;
712	720		(9) altering, with fraudulent intent, a podiatry
713	721		license, certificate, diploma, or a transcript of a podiatry
714	722		license, certificate, or diploma;
715	723		(10) using a podiatry license, certificate, or
716	724		diploma, or a transcript of a podiatry license, certificate, or
717	725		diploma, that has been fraudulently purchased, issued,
718	726		counterfeited, or materially altered;
719	727		(11) impersonating, or acting as proxy for, another
720	728		person in a podiatry license examination;
721	729		(12) impersonating a license holder, or permitting
722	730		another person to use the license holder's license to practice
723	731		podiatry in this state, to treat or offer to treat, by any method,
724	732		conditions and ailments of human feet;
725	733		(13) directly or indirectly employing a person whose
726	734		license to practice podiatry has been suspended or associating in
727	735		the practice of podiatry with a person whose license to practice
728	736		podiatry has been suspended or who has been convicted of the
729	737		unlawful practice of podiatry in this state or elsewhere;
730	738		(14) wilfully making in the application for a license
731	739		to practice podiatry a material misrepresentation or material
732	740		untrue statement;
733	741		(15) being unable to practice podiatry with reasonable
734	742		skill and safety to a patient because of age, illness, drunkenness,
735	743		or excessive use of drugs, narcotics, chemicals, or other
736	744		substances or as a result of a mental or physical condition;
737	745		(16) failing to practice podiatry in an acceptable
738	746		manner consistent with public health and welfare;
739	747		(17) being removed, suspended, or disciplined in
740	748		another manner by the podiatrist's peers in a professional podiatry
741	749		association or society, whether local, regional, state, or national
742	750		in scope, or being disciplined by a licensed hospital or the medical
743	751		staff of a hospital, including removal, suspension, limitation of
744	752		hospital privileges, or other disciplinary action, if the
745	753		commission or department determines that the action was:
746	754		(A) based on unprofessional conduct or
747	755		professional incompetence likely to harm the public; and
748	756		(B) appropriate and reasonably supported by
749	757		evidence submitted to the association, society, hospital, or
750	758		medical staff; or
751	759		(18) having repeated or recurring meritorious health
752	760		care liability claims filed against the podiatrist that in the
753	761		commission's or department's opinion are evidence of professional
754	762		incompetence likely to injure the public.
755	763		SECTION 8.004. Subchapter H, Chapter 202, Occupations Code,
756	764		is amended by adding Section 202.354 to read as follows:
757	765		Sec. 202.354. DELEGATION OF CERTAIN ACTS. (a) A podiatrist
758	766		may delegate to a qualified and properly trained podiatric medical
759	767		assistant acting under the podiatrist's supervision any podiatric
760	768		medical act that a reasonable and prudent podiatrist would find
761	769		within the scope of sound medical judgment to delegate if:
762	770		(1) in the opinion of the delegating podiatrist, the
763	771		medical act:
764	772		(A) can be properly and safely performed by the
765	773		podiatric medical assistant to whom the podiatric medical act is
766	774		delegated; and
767	775		(B) is performed in a customary manner and not in
768	776		violation of any other statute; and
769	777		(2) the podiatric medical assistant to whom the
770	778		podiatric medical act is delegated does not represent to the public
771	779		that the medical assistant is authorized to practice podiatry.
772	780		(b) A delegating podiatrist is responsible for a podiatric
773	781		medical act performed by the podiatric medical assistant to whom
774	782		the podiatrist delegates the act.
775	783		(c) The department may determine whether:
776	784		(1) an act constitutes the practice of podiatric
777	785		medicine; and
778	786		(2) a podiatric medical act may be properly or safely
779	787		delegated by podiatrists.
780	788		SECTION 8.005. Section 202.602(a), Occupations Code, is
781	789		amended to read as follows:
782	790		(a) The department [commission by rule] shall develop a
783	791		system to identify and monitor a podiatrist's compliance with this
784	792		chapter and any [. The system must include:
785	793		[(1) procedures for determining whether a podiatrist
786	794		is in compliance with an] order issued by the commission or
787	795		executive director under this chapter [; and
788	796		[(2) a method of identifying and monitoring each
789	797		podiatrist who represents a risk to the public].
790	798		SECTION 8.006. Subchapter D, Chapter 601, Occupations Code,
791	799		is amended by adding Section 601.157 to read as follows:
792	800		Sec. 601.157. PERSON SUPERVISED BY PODIATRIST. A person is
793	801		not required to hold a certificate issued under this chapter to
794	802		perform a radiologic procedure if:
795	803		(1) the procedure is performed under the supervision
796	804		of a podiatrist; and
797	805		(2) the person:
798	806		(A) is registered with the Texas Department of
799	807		Licensing and Regulation to assist a podiatrist; and
800	808		(B) complies with rules adopted under Section
801	809		601.252(e).
802	810		SECTION 8.007. Section 601.251, Occupations Code, is
803	811		amended to read as follows:
804	812		Sec. 601.251. APPLICABILITY. This subchapter applies to
805	813		the:
806	814		(1) Texas Board of Nursing;
807	815		(2) Texas Board of Chiropractic Examiners;
808	816		(3) State Board of Dental Examiners;
809	817		(4) Texas Medical Board;
810	818		(5) Texas Department of Licensing and Regulation, with
811	819		respect to the department's authority to regulate podiatrists
812	820		[State Board of Podiatric Medical Examiners]; and
813	821		(6) Texas Physician Assistant Board.
814	822		SECTION 8.008. Section 601.252, Occupations Code, is
815	823		amended by adding Subsections (e) and (f) to read as follows:
816	824		(e) Rules adopted under this section by the Texas Commission
817	825		of Licensing and Regulation must:
818	826		(1) require an authorized person who performs
819	827		radiologic procedures under the delegation of a podiatrist, other
820	828		than a registered nurse, to register with the Texas Department of
821	829		Licensing and Regulation;
822	830		(2) establish reasonable and necessary fees to cover
823	831		the administrative costs incurred by the Texas Department of
824	832		Licensing and Regulation in administering a registration program
825	833		created under this subsection;
826	834		(3) establish grounds for the suspension, revocation,
827	835		or nonrenewal of a registration issued under this subsection; and
828	836		(4) establish standards for training and supervising
829	837		the operators of podiatric equipment, including standards for
830	838		curricula and instructors.
831	839		(f) In adopting rules under Subsection (e), the Texas
832	840		Commission of Licensing and Regulation may take into account
833	841		whether the radiologic procedure will be performed by a registered
834	842		nurse.
835	843		SECTION 8.009. Sections 202.2025 and 202.6011, Occupations
836	844		Code, are repealed.
837	845		SECTION 8.010. Section 202.2032, Occupations Code, as
838	846		amended by this article, applies only to a complaint filed under
839	847		Chapter 202, Occupations Code, on or after the effective date of
840	848		this Act. A complaint filed before the effective date of this Act
841	849		is governed by the law in effect on the date the complaint was
842	850		filed, and the former law is continued in effect for that purpose.
843	851		SECTION 8.011. Section 202.253(a-1), Occupations Code, as
844	852		amended by this article, applies only to a conviction that occurs on
845	853		or after the effective date of this Act. A conviction that occurs
846	854		before the effective date of this Act is governed by the law in
847	855		effect on the date the conviction occurred, and the former law is
848	856		continued in effect for that purpose.
849	857		SECTION 8.012. To the extent of any conflict, Section
850	858		601.251, Occupations Code, as amended by this article, prevails
851	859		over another Act of the 86th Legislature, Regular Session, 2019,
852	860		relating to nonsubstantive additions to and corrections in enacted
853	861		codes.
854	862		ARTICLE 9. MIDWIVES
855	863		SECTION 9.001. Section 203.056, Occupations Code, is
856	864		amended to read as follows:
857	865		Sec. 203.056. PRESIDING OFFICER. The presiding officer of
858	866		the commission shall designate a [public] member of the advisory
859	867		board to serve as the presiding officer of the advisory board to
860	868		serve for a term of one year. The presiding officer of the advisory
861	869		board may vote on any matter before the advisory board.
862	870		SECTION 9.002. Section 203.152, Occupations Code, is
863	871		repealed.
864	872		SECTION 9.003. Section 203.056, Occupations Code, as
865	873		amended by this article, does not affect the entitlement of a member
866	874		of the Midwives Advisory Board who is serving as the presiding
867	875		officer of the advisory board immediately before the effective date
868	876		of this Act to continue to serve in that capacity for the remainder
869	877		of the member's term as presiding officer.
870	878		ARTICLE 10. AUDIOLOGISTS
871	879		SECTION 10.001. Section 401.403(b), Occupations Code, is
872	880		amended to read as follows:
873	881		(b) A person who holds a license [meets the requirements of
874	882		this chapter for licensing] as an audiologist or audiologist intern
875	883		and who fits and dispenses hearing instruments must:
876	884		(1) [register with the department the person's
877	885		intention to fit and dispense hearing instruments;
878	886		[(2)] comply with rules adopted under this chapter
879	887		related to fitting and dispensing hearing instruments [the
880	888		profession's code of ethics];
881	889		(2) [(3)] comply with the federal Food and Drug
882	890		Administration guidelines for fitting and dispensing hearing
883	891		instruments;
884	892		(3) [(4)] when providing services in this state, use a
885	893		written contract that contains the department's name, mailing
886	894		address, [and] telephone number, and Internet website address; and
887	895		(4) [(5)] follow the guidelines adopted by commission
888	896		rule for a 30-day trial period on every hearing instrument
889	897		purchased.
890	898		ARTICLE 11. ORTHOTIC AND PROSTHETIC TECHNICIANS
891	899		SECTION 11.001. The following provisions of the Occupations
892	900		Code are repealed:
893	901		(1) Sections 605.002(19), (20), and (21); and
894	902		(2) Section 605.259.
895	903		SECTION 11.002. (a) On the effective date of this Act, a
896	904		registered orthotic technician or registered prosthetic technician
897	905		certificate issued under former Section 605.259, Occupations Code,
898	906		expires.
899	907		(b) As soon as practicable after the effective date of this
900	908		Act, the Texas Commission of Licensing and Regulation shall repeal
901	909		all rules regarding the regulation of orthotic and prosthetic
902	910		technicians adopted under Chapter 605, Occupations Code.
903	911		SECTION 11.003. The change in law made by this article does
904	912		not affect the validity of a proceeding pending before a court or
905	913		other governmental entity on the effective date of this Act.
906	914		ARTICLE 12. DIETITIANS
907	915		SECTION 12.001. Section 701.151(b), Occupations Code, is
908	916		amended to read as follows:
909	917		(b) The commission or the department, as appropriate,
910	918		shall:
911	919		(1) [adopt an official seal;
912	920		[(2)] adopt and publish a code of ethics;
913	921		(2) [(3)] establish the qualifications and fitness of
914	922		applicants for licenses, including renewed and reciprocal
915	923		licenses;
916	924		[(4) revoke, suspend, or deny a license, probate a
917	925		license suspension, or reprimand a license holder for a violation
918	926		of this chapter, a rule adopted under this chapter, or the code of
919	927		ethics;] and
920	928		(3) [(5)] request and receive any necessary
921	929		assistance from state educational institutions or other state
922	930		agencies.
923	931		SECTION 12.002. Sections 701.155 and 701.353, Occupations
924	932		Code, are repealed.
925	933		ARTICLE 13. INTERIOR DESIGNERS
926		-	SECTION 13.001. Section 1051.451, Occupations Code, is
927		-	amended to read as follows:
928		-	Sec. 1051.451. IMPOSITION OF ADMINISTRATIVE PENALTY. (a)
929		-	Except as provided by Subsection (b), the [The] board may impose an
930		-	administrative penalty on a person who engages in conduct for which
931		-	the person is subject to disciplinary action under this subtitle,
932		-	regardless of whether the person holds a certificate of
933		-	registration issued under this subtitle.
934		-	(b) The board may not impose an administrative penalty under
935		-	this subtitle on a person for conduct related to the practice of
936		-	interior design unless the person holds a certificate of
937		-	registration as an interior designer.
938		-	SECTION 13.002. Section 1053.251(a), Occupations Code, is
939		-	amended to read as follows:
940		-	(a) On a determination that a ground for disciplinary action
941		-	exists under Section 1053.252, the board shall:
942		-	(1) revoke, suspend, or refuse to renew a
943		-	certification of registration;
944		-	(2) reprimand a certificate holder; or
945		-	(3) impose an administrative penalty on a certificate
946		-	holder [person] under Subchapter I, Chapter 1051.
947		-	SECTION 13.003. Subchapter H, Chapter 1053, Occupations
	934	+	SECTION 13.001. Subchapter H, Chapter 1053, Occupations
948	935		Code, is repealed.
949		-	SECTION 13.004. Sections 1051.451 and 1053.251(a),
950		-	Occupations Code, as amended by this article, apply only to the
951		-	imposition of an administrative penalty for a violation that occurs
952		-	on or after the effective date of this Act. The imposition of an
953		-	administrative penalty for a violation that occurs before the
954		-	effective date of this Act is governed by the law in effect on the
955		-	date the violation occurred, and the former law is continued in
956		-	effect for that purpose.
957		-	SECTION 13.005. The repeal by this article of Subchapter H,
	936	+	SECTION 13.002. The repeal by this article of Subchapter H,
958	937		Chapter 1053, Occupations Code, does not apply to an offense
959	938		committed under that subchapter before the effective date of the
960	939		repeal. An offense committed before the effective date of the
961	940		repeal is governed by the law as it existed on the date the offense
962	941		was committed, and the former law is continued in effect for that
963	942		purpose. For purposes of this section, an offense was committed
964	943		before the effective date of the repeal if any element of the
965	944		offense occurred before that date.
966	945		ARTICLE 14. BARBERS AND COSMETOLOGISTS
967	946		SECTION 14.001. Section 1602.254(b), Occupations Code, is
968	947		amended to read as follows:
969	948		(b) To be eligible for an operator license, an applicant
970	949		must meet the requirements of Subsection (c) or:
971	950		(1) be at least 17 years of age;
972	951		(2) have obtained a high school diploma or the
973	952		equivalent of a high school diploma or have passed a valid
974	953		examination administered by a certified testing agency that
975	954		measures the person's ability to benefit from training; and
976	955		(3) have completed:
977	956		(A) 1,000 [1,500] hours of instruction in a
978	957		licensed beauty culture school; or
979	958		(B) 1,000 hours of instruction in beauty culture
980	959		courses and 500 hours of related high school courses prescribed by
981	960		the commission in a vocational cosmetology program in a public
982	961		school.
983	962		SECTION 14.002. Section 1602.255(c), Occupations Code, is
984	963		amended to read as follows:
985	964		(c) The commission shall adopt rules for the licensing of
986	965		specialty instructors to teach specialty courses in the practice of
987	966		cosmetology defined in Sections 1602.002(a)(2), (4), (5), (6)
988	967		[1602.002(a)(5)], (7), (8), (9), [and] (10), and (11).
989	968		SECTION 14.003. Section 1602.261(a), Occupations Code, is
990	969		amended to read as follows:
991	970		(a) A person holding a manicurist/esthetician specialty
992	971		license may perform only the practice of cosmetology defined in
993	972		Sections 1602.002(a)(4) through (10) [(9)].
994	973		SECTION 14.004. Section 1602.305(a), Occupations Code, is
995	974		amended to read as follows:
996	975		(a) A person holding a specialty shop license may maintain
997	976		an establishment in which only the practice of cosmetology as
998	977		defined in Section 1602.002(a)(2), (4), (5), (6), (7), (8), (9),
999	978		[or] (10), or (11) is performed.
1000	979		SECTION 14.005. Section 1602.451(a), Occupations Code, is
1001	980		amended to read as follows:
1002	981		(a) The holder of a private beauty culture school license
1003	982		shall:
1004	983		(1) maintain a sanitary establishment;
1005	984		(2) maintain on duty one licensed instructor for each
1006	985		25 students in attendance;
1007	986		(3) maintain a daily record of students' attendance;
1008	987		(4) establish regular class and instruction hours and
1009	988		grades;
1010	989		(5) require a school term of not less than six [nine]
1011	990		months and not less than 1,000 [1,500] hours instruction for a
1012	991		complete course in cosmetology;
1013	992		(6) require a school term of not less than 600 hours
1014	993		instruction for a complete course in manicuring;
1015	994		(7) hold examinations before issuing diplomas;
1016	995		(8) maintain a copy of the school's curriculum in a
1017	996		conspicuous place and verify that the curriculum is being followed;
1018	997		(9) publish in the school's catalogue and enrollment
1019	998		contract a description of the refund policy required under Section
1020	999		1602.458; and
1021	1000		(10) provide the department with information on:
1022	1001		(A) the current course completion rates of
1023	1002		students who attend a course of instruction offered by the school;
1024	1003		and
1025	1004		(B) job placement rates and employment rates of
1026	1005		students who complete the course of instruction.
1027	1006		SECTION 14.006. Section 1603.104, Occupations Code, is
1028	1007		amended by amending Subsection (b) and adding Subsections (c) and
1029	1008		(c-1) to read as follows:
1030	1009		(b) Except as otherwise provided by this section, at [At]
1031	1010		least once every four [two] years, the department shall inspect
1032	1011		each shop or other facility that holds a license, certificate, or
1033	1012		permit in which the practice of barbering or cosmetology is
1034	1013		performed under this chapter, Chapter 1601, or Chapter 1602.
1035	1014		(c) At[, and at] least twice per year, the department shall
1036	1015		inspect each school in which barbering or cosmetology is taught
1037	1016		under this chapter, Chapter 1601, or Chapter 1602.
1038	1017		(c-1) At least once every two years, the department shall
1039	1018		inspect each specialty shop that holds a license, certificate, or
1040	1019		permit issued under this chapter, Chapter 1601, or Chapter 1602 and
1041	1020		at which the practices described by Section 1601.002(1)(E) or (F)
1042	1021		or 1602.002(a)(8) or (9) are performed.
1043		-	SECTION 14.007. Subchapter E, Chapter 1603, Occupations
1044		-	Code, is amended by adding Section 1603.208 to read as follows:
1045		-	Sec. 1603.208. DIGITALLY PREARRANGED REMOTE SERVICES.
1046		-	(a) In this section:
1047		-	(1) "Digital network" means any online-enabled
1048		-	application, Internet website, or system offered or used by a
1049		-	remote service business that allows a client to arrange for a
1050		-	digitally prearranged remote service.
1051		-	(2) "Digitally prearranged remote service" means a
1052		-	barbering or cosmetology service performed for compensation by a
1053		-	person holding a license, certificate of registration, or permit
1054		-	under Chapter 1601 or 1602 or this chapter that is:
1055		-	(A) prearranged through a digital network; and
1056		-	(B) performed at a location other than a place of
1057		-	business that is licensed or permitted under Chapter 1601 or 1602 or
1058		-	this chapter.
1059		-	(3) "Remote service business" means a corporation,
1060		-	partnership, sole proprietorship, or other entity that, for
1061		-	compensation, enables a client to schedule a digitally prearranged
1062		-	remote service with a person holding a license, certificate of
1063		-	registration, or permit under Chapter 1601 or 1602 or this chapter.
1064		-	(b) The commission shall adopt rules to administer this
1065		-	section, including rules that:
1066		-	(1) set minimum standards for:
1067		-	(A) the operation of a remote service business;
1068		-	and
1069		-	(B) the sanitation requirements for performing a
1070		-	digitally prearranged remote service;
1071		-	(2) determine activities within the scope of barbering
1072		-	and cosmetology that may be performed as a digitally prearranged
1073		-	remote service; and
1074		-	(3) establish procedures for inspecting and auditing
1075		-	the records of a remote service business and of a person who
1076		-	performs a digitally prearranged remote service.
1077		-	(c) Sections 1601.453, 1601.455, 1602.251(c), and 1602.407
1078		-	do not apply to a digitally prearranged remote service scheduled
1079		-	through a remote service business.
1080		-	(d) A person who holds a license, certificate of
1081		-	registration, or permit to practice barbering or cosmetology and
1082		-	who performs a digitally prearranged remote service shall:
1083		-	(1) comply with this section and the rules adopted
1084		-	under this section; and
1085		-	(2) practice within the scope of the person's license,
1086		-	certificate of registration, or permit.
1087		-	(e) A remote service business may not offer a barbering or
1088		-	cosmetology service that requires treating or removing a person's
1089		-	hair by:
1090		-	(1) coloring;
1091		-	(2) processing;
1092		-	(3) bleaching;
1093		-	(4) dyeing;
1094		-	(5) tinting; or
1095		-	(6) using a cosmetic preparation.
1096		-	(f) Before a person licensed, registered, or permitted to
1097		-	practice barbering or cosmetology performs a digitally prearranged
1098		-	remote service for a client requesting the service, a remote
1099		-	service business shall provide through the entity's digital
1100		-	network:
1101		-	(1) the following information regarding the person who
1102		-	will perform the service:
1103		-	(A) the person's first and last name;
1104		-	(B) the number of the person's license,
1105		-	certificate of registration, or permit, as applicable; and
1106		-	(C) a photograph of the person;
1107		-	(2) the following information regarding the business:
1108		-	(A) Internet website address; and
1109		-	(B) telephone number; and
1110		-	(3) the department's Internet website address and
1111		-	telephone number and notice that the client may contact the
1112		-	department to file a complaint against the business or person.
1113		-	(g) Within a reasonable time after completion of a digitally
1114		-	prearranged remote service, the remote service business shall issue
1115		-	to the client who requested the service a receipt that includes:
1116		-	(1) the date the service was provided;
1117		-	(2) a description of the service;
1118		-	(3) the first and last name of the person who performed
1119		-	the service;
1120		-	(4) the number of the person's license, certificate of
1121		-	registration, or permit, as applicable;
1122		-	(5) the following information regarding the business:
1123		-	(A) Internet website address; and
1124		-	(B) telephone number; and
1125		-	(6) the department's Internet website address and
1126		-	telephone number and notice that the client may contact the
1127		-	department to file a complaint against the business or person.
1128		-	(h) A remote service business shall maintain each record
1129		-	showing compliance with this section and the rules adopted under
1130		-	this section until at least the fifth anniversary of the date the
1131		-	record was generated.
1132		-	(i) A remote service business shall terminate a person's
1133		-	access to the business's digital network if the business or
1134		-	department determines the person violated:
1135		-	(1) this chapter;
1136		-	(2) a rule adopted under this chapter;
1137		-	(3) Chapter 1601 or 1602; or
1138		-	(4) a rule adopted under Chapter 1601 or 1602.
1139		-	SECTION 14.008. Section 1603.255, Occupations Code, is
	1022	+	SECTION 14.007. Section 1603.255, Occupations Code, is
1140	1023		amended to read as follows:
1141	1024		Sec. 1603.255. EARLY EXAMINATION. The department may allow
1142	1025		for the early written examination of a student who has completed the
1143	1026		following number of hours of instruction in a department-approved
1144	1027		training program:
1145	1028		(1) 1,000 hours for a student seeking a Class A barber
1146	1029		certificate [or operator license] in a private barber [or
1147	1030		cosmetology] school; [or]
1148	1031		(2) 900 hours for a student seeking an operator
1149	1032		license in a private cosmetology school; or
1150	1033		(3) 900 hours for a student seeking a Class A barber
1151	1034		certificate or operator license in a publicly funded barber or
1152	1035		cosmetology school.
1153		-	SECTION 14.~~009~~. Section 1603.256(c), Occupations Code, is
	1036	+	SECTION 14.008. Section 1603.256(c), Occupations Code, is
1154	1037		amended to read as follows:
1155	1038		(c) The following persons may administer a practical
1156	1039		examination required under this subchapter:
1157	1040		(1) the department; [or]
1158	1041		(2) a person with whom the department contracts under
1159	1042		Section 1603.252;
1160	1043		(3) a barber school, private beauty culture school, or
1161	1044		public secondary or postsecondary beauty culture school that is
1162	1045		approved by the department to administer the examination under
1163	1046		Section 1603.252; or
1164	1047		(4) the Windham School District.
1165		-	SECTION 14.~~010~~. As soon as practicable after the effective
	1048	+	SECTION 14.009. As soon as practicable after the effective
1166	1049		date of this Act, the Texas Commission of Licensing and Regulation
1167	1050		shall adopt rules implementing Chapters 1602 and 1603, Occupations
1168	1051		Code, as amended by this article.
1169		-	SECTION 14.~~011~~. The change in law made by this article to
	1052	+	SECTION 14.010. The change in law made by this article to
1170	1053		Section 1602.254(b), Occupations Code, applies only to an
1171	1054		application for an operator license submitted on or after September
1172	1055		1, 2020. An application for an operator license submitted before
1173	1056		that date is governed by the law in effect immediately before the
1174	1057		effective date of this Act, and the former law is continued in
1175	1058		effect for that purpose.
1176		-	SECTION 14.~~012~~. The changes in law made by this article to
	1059	+	SECTION 14.011. The changes in law made by this article to
1177	1060		Section 1603.255, Occupations Code, apply only to a person who
1178	1061		applies to take an early examination for a barbering or cosmetology
1179	1062		license on or after the effective date of this Act. A person who
1180	1063		applies to take an early examination before the effective date of
1181	1064		this Act is governed by the law in effect on the date the person
1182	1065		applies, and the former law is continued in effect for that purpose.
1183	1066		ARTICLE 15. USED AUTOMOTIVE PARTS RECYCLERS
1184	1067		SECTION 15.001. Section 2309.102(a), Occupations Code, is
1185	1068		amended to read as follows:
1186	1069		(a) The commission shall adopt rules for licensing used
1187	1070		automotive parts recyclers [and used automotive parts employees].
1188	1071		SECTION 15.002. The heading to Section 2309.106,
1189	1072		Occupations Code, is amended to read as follows:
1190	1073		Sec. 2309.106. PERIODIC [AND RISK-BASED] INSPECTIONS.
1191	1074		SECTION 15.003. Section 2309.106(a), Occupations Code, is
1192	1075		amended to read as follows:
1193	1076		(a) The department shall inspect each used automotive parts
1194	1077		recycling facility at least once every four [two] years.
1195	1078		SECTION 15.004. The following provisions of the Occupations
1196	1079		Code are repealed:
1197	1080		(1) Sections 2309.106(c) and (d); and
1198	1081		(2) Section 2309.154.
1199	1082		SECTION 15.005. (a) On the effective date of this Act, a
1200	1083		used automotive parts employee license issued under former Section
1201	1084		2309.154, Occupations Code, expires.
1202	1085		(b) As soon as practicable after the effective date of this
1203	1086		Act, the Texas Commission of Licensing and Regulation shall repeal
1204	1087		all rules regarding the regulation of used automotive parts
1205	1088		employees adopted under Chapter 2309, Occupations Code.
1206	1089		SECTION 15.006. (a) The change in law made by this article
1207	1090		to Chapter 2309, Occupations Code, does not affect the validity of a
1208	1091		proceeding pending before a court or other governmental entity on
1209	1092		the effective date of this Act.
1210	1093		(b) An offense or other violation of law committed before
1211	1094		the effective date of this Act is governed by the law in effect when
1212	1095		the offense or violation was committed, and the former law is
1213	1096		continued in effect for that purpose. For purposes of this
1214	1097		subsection, an offense or violation was committed before the
1215	1098		effective date of this Act if any element of the offense or
1216	1099		violation occurred before that date.
1217	1100		ARTICLE 16. IMPLEMENTATION; EFFECTIVE DATE
1218	1101		SECTION 16.001. The Texas Commission of Licensing and
1219	1102		Regulation and the Texas Department of Licensing and Regulation are
1220	1103		required to implement a provision of this Act only if the
1221	1104		legislature appropriates money specifically for that purpose. If
1222	1105		the legislature does not appropriate money specifically for that
1223	1106		purpose, the commission and the department may, but are not
1224	1107		required to, implement a provision of this Act using other
1225	1108		appropriations available for that purpose.
1226	1109		SECTION 16.002. This Act takes effect September 1, 2019.
1227		-	______________________________ ______________________________
1228		-	President of the Senate Speaker of the House
1229		-	I certify that H.B. No. 2847 was passed by the House on April
1230		-	25, 2019, by the following vote: Yeas 130, Nays 5, 2 present, not
1231		-	voting; that the House refused to concur in Senate amendments to
1232		-	H.B. No. 2847 on May 23, 2019, and requested the appointment of a
1233		-	conference committee to consider the differences between the two
1234		-	houses; and that the House adopted the conference committee report
1235		-	on H.B. No. 2847 on May 26, 2019, by the following vote: Yeas 100,
1236		-	Nays 42, 1 present, not voting.
1237		-	______________________________
1238		-	Chief Clerk of the House
1239		-	I certify that H.B. No. 2847 was passed by the Senate, with
1240		-	amendments, on May 21, 2019, by the following vote: Yeas 30, Nays
1241		-	1; at the request of the House, the Senate appointed a conference
1242		-	committee to consider the differences between the two houses; and
1243		-	that the Senate adopted the conference committee report on H.B. No.
1244		-	2847 on May 26, 2019, by the following vote: Yeas 29, Nays 2.
1245		-	______________________________
1246		-	Secretary of the Senate
1247		-	APPROVED: __________________
1248		-	Date
1249		-	__________________
1250		-	Governor
	1110	+	* * * * *