Texas 2019 - 86th Regular

Texas Senate Bill SB1532 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: Hancock S.B. No. 1532
	2	+	(In the Senate - Filed March 5, 2019; March 14, 2019, read
	3	+	first time and referred to Committee on Business & Commerce;
	4	+	April 8, 2019, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 9, Nays 0; April 8, 2019,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1532 By: Hancock
2	9
3	10
4	11		A BILL TO BE ENTITLED
5	12		AN ACT
6	13		relating to the licensing and regulation of certain occupations and
7	14		activities; authorizing fees.
8	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	16		ARTICLE 1. DRIVER EDUCATION
10	17		SECTION 1.001. Section 1001.001(7), Education Code, is
11	18		amended to read as follows:
12	19		(7) "Driver education school" means an enterprise
13	20		that:
14	21		(A) maintains a place of business or solicits
15	22		business in this state; and
16	23		(B) is operated by an individual, association,
17	24		partnership, or corporation for educating and training persons [at
18	25		a primary or branch location] in driver education or driver
19	26		education instructor development.
20	27		SECTION 1.002. Section 1001.151(e), Education Code, is
21	28		amended to read as follows:
22	29		(e) The commission may establish a fee for an application
23	30		for approval to offer a driver education course [by an alternative
24	31		method of instruction under Section 1001.3541].
25	32		SECTION 1.003. Section 1001.204(b), Education Code, is
26	33		amended to read as follows:
27	34		(b) The department shall approve an application for a driver
28	35		education school license if the application is submitted on a form
29	36		approved by the department [executive director], the application is
30	37		accompanied by [includes] the fee, and the department determines
31	38		[on inspection of the premises of the school, it is determined] that
32	39		the school:
33	40		(1) has courses, curricula, and instruction of a
34	41		quality, content, and length that reasonably and adequately achieve
35	42		the stated objective for which the courses, curricula, and
36	43		instruction are offered;
37	44		(2) has adequate space, equipment, instructional
38	45		material, and instructors to provide training of good quality in
39	46		the classroom and behind the wheel, if applicable;
40	47		(3) has instructors who have adequate educational
41	48		qualifications and experience;
42	49		(4) provides to each student before enrollment:
43	50		(A) a copy of:
44	51		(i) the refund policy;
45	52		(ii) the schedule of tuition, fees, and
46	53		other charges; and
47	54		(iii) the regulations relating to absence,
48	55		grading policy, and rules of operation and conduct; and
49	56		(B) the department's name, mailing address,
50	57		telephone number, and Internet website address for the purpose of
51	58		directing complaints to the department;
52	59		(5) maintains adequate records as prescribed by the
53	60		department to show attendance and progress or grades and enforces
54	61		satisfactory standards relating to attendance, progress, and
55	62		conduct;
56	63		(6) on completion of training, issues each student a
57	64		certificate indicating the course name and satisfactory
58	65		completion;
59	66		(7) complies with all county, municipal, state, and
60	67		federal regulations, including fire, building, and sanitation
61	68		codes and assumed name registration, if applicable;
62	69		(8) is financially sound and capable of fulfilling its
63	70		commitments for training;
64	71		(9) maintains and publishes as part of its student
65	72		enrollment contract the proper policy for the refund of the unused
66	73		portion of tuition, fees, and other charges if a student fails to
67	74		take the course or withdraws or is discontinued from the school at
68	75		any time before completion;
69	76		(10) does not use erroneous or misleading advertising,
70	77		either by actual statement, omission, or intimation, as determined
71	78		by the department;
72	79		(11) does not use a name similar to the name of another
73	80		existing school or tax-supported educational institution in this
74	81		state, unless specifically approved in writing by the executive
75	82		director;
76	83		(12) submits to the department for approval the
77	84		applicable course hour lengths and curriculum content for each
78	85		course offered by the school;
79	86		(13) does not owe an administrative penalty for a
80	87		violation of this chapter; [and]
81	88		(14) meets any additional criteria required by the
82	89		department, including any applicable inspection requirements; and
83	90		(15) provides adequate testing and security measures
84	91		for the school's method of instruction.
85	92		SECTION 1.004. Subchapter F, Chapter 1001, Education Code,
86	93		is amended by adding Sections 1001.2531, 1001.2532, 1001.2533, and
87	94		1001.2534 to read as follows:
88	95		Sec. 1001.2531. DRIVER EDUCATION INSTRUCTOR REQUIREMENTS.
89	96		(a) The commission by rule shall establish standards for a driver
90	97		education instructor to be certified as a teaching assistant,
91	98		driver education teacher, or supervising teacher.
92	99		(b) An applicant for a driver education instructor license
93	100		under this section must:
94	101		(1) apply to the department on a form prescribed by the
95	102		department and under rules adopted by the commission;
96	103		(2) submit with the application a nonrefundable
97	104		application fee in an amount set by commission rule; and
98	105		(3) present satisfactory evidence to the department
99	106		that the applicant:
100	107		(A) is at least 21 years of age;
101	108		(B) holds a high school diploma or high school
102	109		equivalency certificate; and
103	110		(C) meets any other requirement established by
104	111		commission rule.
105	112		Sec. 1001.2532. TEACHING ASSISTANT. (a) A teaching
106	113		assistant is a driver education instructor who is authorized to
107	114		teach or provide only behind-the-wheel training.
108	115		(b) To be eligible to be certified as a teaching assistant,
109	116		a driver education instructor must:
110	117		(1) have successfully completed:
111	118		(A) six semester hours of driver and traffic
112	119		safety education from an accredited college or university; or
113	120		(B) a teaching assistant development course
114	121		approved by the department; and
115	122		(2) pass any required examination.
116	123		Sec. 1001.2533. DRIVER EDUCATION TEACHER. (a) A driver
117	124		education teacher is a driver education instructor who is
118	125		authorized to teach or provide behind-the-wheel training and
119	126		classroom training.
120	127		(b) To be eligible to be certified as a driver education
121	128		teacher, a driver education instructor must:
122	129		(1) have successfully completed:
123	130		(A) nine semester hours of driver and traffic
124	131		safety education from an accredited college or university; or
125	132		(B) a driver education teacher development
126	133		course approved by the department; and
127	134		(2) pass any required examination.
128	135		Sec. 1001.2534. SUPERVISING TEACHER. (a) A supervising
129	136		teacher is a driver education instructor who is authorized to teach
130	137		instructor training classes.
131	138		(b) To be eligible to be certified as a supervising teacher,
132	139		a driver education instructor must have:
133	140		(1) been certified as a driver education teacher for
134	141		at least one year;
135	142		(2) successfully completed:
136	143		(A) 15 semester hours of driver and traffic
137	144		safety education from an accredited college or university; or
138	145		(B) a supervising teacher development course
139	146		approved by the department; and
140	147		(3) obtained or successfully completed, as
141	148		applicable, at least one of the following:
142	149		(A) a teaching certificate and any additional
143	150		certification required by commission rule to teach driver
144	151		education;
145	152		(B) 15 semester hours in education courses at an
146	153		accredited college or university during the 10 years before the
147	154		application date; or
148	155		(C) an associate or baccalaureate degree in
149	156		education from an accredited college or university.
150	157		(c) The commission, department, or executive director may
151	158		adopt an alternative method to determine or verify an instructor's
152	159		eligibility under Subsection (b).
153	160		SECTION 1.005. Subchapter H, Chapter 1001, Education Code,
154	161		is amended by adding Section 1001.3542 to read as follows:
155	162		Sec. 1001.3542. METHOD OF INSTRUCTION FOR DRIVER EDUCATION
156	163		COURSE. A driver education school may teach a driver education
157	164		course by any method approved by the department, including an
158	165		alternative method under Section 1001.3541 or a traditional method
159	166		under Subchapter C.
160	167		SECTION 1.006. The following provisions of the Education
161	168		Code are repealed:
162	169		(1) Sections 1001.253, 1001.254, and 1001.256; and
163	170		(2) Section 1001.3541(b).
164	171		SECTION 1.007. (a) As soon as practicable after the
165	172		effective date of this Act, the Texas Commission of Licensing and
166	173		Regulation shall adopt rules to implement Section 1001.204(b),
167	174		Education Code, as amended by this article, and Section 1001.2531,
168	175		Education Code, as added by this article.
169	176		(b) A driver education instructor license issued under
170	177		Section 1001.253, Education Code, before the repeal of that section
171	178		by this article, continues to be valid until the license expires,
172	179		and former Section 1001.253, Education Code, is continued in effect
173	180		for that purpose.
174	181		(c) A person who holds on the effective date of this Act a
175	182		driver education instructor license described by former Section
176	183		1001.253(b), Education Code, is entitled on expiration of that
177	184		license to issuance of a driver education instructor license
178	185		certified as a teaching assistant under Section 1001.2532,
179	186		Education Code, as added by this article, if the person otherwise
180	187		meets the requirements for renewal of a driver education instructor
181	188		license certified as a teaching assistant.
182	189		(d) A person who holds on the effective date of this Act a
183	190		driver education instructor license described by former Section
184	191		1001.253(c), Education Code, is entitled on expiration of that
185	192		license to issuance of a driver education instructor license
186	193		certified as a driver education teacher under Section 1001.2533,
187	194		Education Code, as added by this article, if the person otherwise
188	195		meets the requirements for renewal of a driver education instructor
189	196		license certified as a driver education teacher.
190	197		(e) A person who holds on the effective date of this Act a
191	198		driver education instructor license described by former Section
192	199		1001.253(e), Education Code, is entitled on expiration of that
193	200		license to issuance of a driver education instructor license
194	201		certified as a supervising teacher under Section 1001.2534,
195	202		Education Code, as added by this article, if the person otherwise
196	203		meets the requirements for renewal of a driver education instructor
197	204		license certified as a supervising teacher.
198	205		(f) The changes in law made by this article do not affect the
199	206		validity of a disciplinary action or other proceeding that was
200	207		initiated before the effective date of this Act and that is pending
201	208		before a court or other governmental entity on the effective date of
202	209		this Act.
203	210		(g) Sections 1001.2531, 1001.2532, 1001.2533, and
204	211		1001.2534, Education Code, as added by this article, apply only to
205	212		an application for, or renewal of, an instructor license submitted
206	213		to the Texas Department of Licensing and Regulation on or after the
207	214		effective date of this Act. An application submitted before that
208	215		date is governed by the law in effect when the application was
209	216		submitted, and the former law is continued in effect for that
210	217		purpose.
211	218		ARTICLE 2. BOILERS
212	219		SECTION 2.001. Section 755.029(c), Health and Safety Code,
213	220		is amended to read as follows:
214	221		(c) A certificate of operation must be posted [under glass]
215	222		in a conspicuous place on or near the boiler for which it is issued.
216	223		ARTICLE 3. AUDIOLOGISTS
217	224		SECTION 3.001. Section 401.403(b), Occupations Code, is
218	225		amended to read as follows:
219	226		(b) A person who holds a license [meets the requirements of
220	227		this chapter for licensing] as an audiologist or audiologist intern
221	228		and who fits and dispenses hearing instruments must:
222	229		(1) [register with the department the person's
223	230		intention to fit and dispense hearing instruments;
224	231		[(2)] comply with rules adopted under this chapter
225	232		related to fitting and dispensing hearing instruments [the
226	233		profession's code of ethics];
227	234		(2) [(3)] comply with the federal Food and Drug
228	235		Administration guidelines for fitting and dispensing hearing
229	236		instruments;
230	237		(3) [(4)] when providing services in this state, use a
231	238		written contract that contains the department's name, mailing
232	239		address, [and] telephone number, and Internet website address; and
233	240		(4) [(5)] follow the guidelines adopted by commission
234	241		rule for a 30-day trial period on every hearing instrument
235	242		purchased.
236	243		ARTICLE 4. ORTHOTIC AND PROSTHETIC TECHNICIANS
237	244		SECTION 4.001. The following provisions of the Occupations
238	245		Code are repealed:
239	246		(1) Sections 605.002(19), (20), and (21); and
240	247		(2) Section 605.259.
241	248		SECTION 4.002. (a) On the effective date of this Act, a
242	249		registered orthotic technician or registered prosthetic technician
243	250		certificate issued under former Section 605.259, Occupations Code,
244	251		expires.
245	252		(b) As soon as practicable after the effective date of this
246	253		Act, the Texas Commission of Licensing and Regulation shall repeal
247	254		all rules regarding the regulation of orthotic and prosthetic
248	255		technicians adopted under Chapter 605, Occupations Code.
249	256		SECTION 4.003. The change in law made by this article does
250	257		not affect the validity of a proceeding pending before a court or
251	258		other governmental entity on the effective date of this Act.
252	259		ARTICLE 5. DIETITIANS
253	260		SECTION 5.001. Section 701.151(b), Occupations Code, is
254	261		amended to read as follows:
255	262		(b) The commission or the department, as appropriate,
256	263		shall:
257	264		(1) [adopt an official seal;
258	265		[(2)] adopt and publish a code of ethics;
259	266		(2) [(3)] establish the qualifications and fitness of
260	267		applicants for licenses, including renewed and reciprocal
261	268		licenses;
262	269		[(4) revoke, suspend, or deny a license, probate a
263	270		license suspension, or reprimand a license holder for a violation
264	271		of this chapter, a rule adopted under this chapter, or the code of
265	272		ethics;] and
266	273		(3) [(5)] request and receive any necessary
267	274		assistance from state educational institutions or other state
268	275		agencies.
269	276		SECTION 5.002. Sections 701.155 and 701.353, Occupations
270	277		Code, are repealed.
271	278		ARTICLE 6. USED AUTOMOTIVE PARTS RECYCLERS
272	279		SECTION 6.001. Section 2309.102(a), Occupations Code, is
273	280		amended to read as follows:
274	281		(a) The commission shall adopt rules for licensing used
275	282		automotive parts recyclers [and used automotive parts employees].
276	283		SECTION 6.002. The heading to Section 2309.106, Occupations
277	284		Code, is amended to read as follows:
278	285		Sec. 2309.106. PERIODIC [AND RISK-BASED] INSPECTIONS.
279	286		SECTION 6.003. The following provisions of the Occupations
280	287		Code are repealed:
281	288		(1) Sections 2309.106(c) and (d); and
282	289		(2) Section 2309.154.
283	290		SECTION 6.004. (a) On the effective date of this Act, a
284	291		used automotive parts employee license issued under former Section
285	292		2309.154, Occupations Code, expires.
286	293		(b) As soon as practicable after the effective date of this
287	294		Act, the Texas Commission of Licensing and Regulation shall repeal
288	295		all rules regarding the regulation of used automotive parts
289	296		employees adopted under Chapter 2309, Occupations Code.
290	297		SECTION 6.005. (a) The change in law made by this article
291	298		to Chapter 2309, Occupations Code, does not affect the validity of a
292	299		proceeding pending before a court or other governmental entity on
293	300		the effective date of this Act.
294	301		(b) An offense or other violation of law committed before
295	302		the effective date of this Act is governed by the law in effect when
296	303		the offense or violation was committed, and the former law is
297	304		continued in effect for that purpose. For purposes of this
298	305		subsection, an offense or violation was committed before the
299	306		effective date of this Act if any element of the offense or
300	307		violation occurred before that date.
301	308		ARTICLE 7. EFFECTIVE DATE
302	309		SECTION 7.001. This Act takes effect September 1, 2019.
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