87R3491 DRS/ANG/CXP/JES-D
By: Buckingham, et al. S.B. No. 714
A BILL TO BE ENTITLED
AN ACT
relating to the continuation and functions of the Texas Department
of Licensing and Regulation.
ARTICLE 1. GENERAL POWERS AND DUTIES
SECTION 1.01. Section 51.002, Occupations Code, is amended
to read as follows:
Sec. 51.002. APPLICATION OF SUNSET ACT. [(a)] The Texas
Commission of Licensing and Regulation and the Texas Department of
Licensing and Regulation are subject to Chapter 325, Government
Code (Texas Sunset Act). Unless continued in existence as provided
by that chapter, the commission and the department are abolished
September 1, 2033 [2021].
[(b) The review of the commission and department by the
Sunset Advisory Commission under this section may not include a
review of any program that was transferred to the department on or
after September 1, 2016.]
SECTION 1.02. Section 51.054, Occupations Code, is amended
by amending Subsection (b) and adding Subsection (d) to read as
follows:
(b) The training program must provide the person with
information regarding:
(1) the law governing [legislation that created the]
department operations [and the commission];
(2) the programs, functions, rules, and budget of
[operated by] the department;
(3) the scope of and limitations on the rulemaking
authority of the commission [role and functions of the department];
(4) [the rules of the department, with an emphasis on
the rules that relate to disciplinary and investigatory authority;
[(5) the current budget for the department;
[(6)] the results of the most recent formal audit of
the department;
(5) [(7)] the requirements of:
(A) laws relating to [the] open meetings, [law,
Chapter 551, Government Code;
[(B) the] public information, [law, Chapter 552,
Government Code;
[(C) the] administrative procedure, and
disclosing conflicts of interest [law, Chapter 2001, Government
Code]; and
(B) [(D)] other laws applicable to members of a
state policy-making body in performing their duties [relating to
public officials, including conflict-of-interest laws]; and
(6) [(8)] any applicable ethics policies adopted by
the department or the Texas Ethics Commission.
(d) The executive director of the department shall create a
training manual that includes the information required by
Subsection (b). The executive director shall distribute a copy of
the training manual annually to each member of the commission. Each
member of the commission shall sign and submit to the executive
director a statement acknowledging that the member received and has
reviewed the training manual.
SECTION 1.03. Section 51.209, Occupations Code, is amended
by adding Subsections (a-1) and (a-2) to read as follows:
(a-1) An advisory board shall meet at the call of the
executive director or the presiding officer of the commission.
(a-2) Notwithstanding Chapter 551, Government Code, an
advisory board may meet by telephone conference call,
videoconference, or other similar telecommunication method. A
meeting held by telephone conference call, videoconference, or
other similar telecommunication method is subject to the
requirements of Sections 551.125(c), (d), (e), and (f), Government
Code.
SECTION 1.04. Subchapter D, Chapter 51, Occupations Code,
is amended by adding Sections 51.2095 and 51.211 to read as follows:
Sec. 51.2095. INTERDISCIPLINARY ADVISORY BOARDS. The
executive director or the presiding officer of the commission may
appoint interdisciplinary advisory boards consisting of members
from various businesses, industries, general trades, or
occupations to provide expertise related to a program regulated by
the department.
Sec. 51.211. RISK-BASED INSPECTIONS. (a) The commission
shall adopt rules for conducting inspections based on risk to the
public.
(b) The rules must provide for the prioritization of
inspections based on the following factors:
(1) whether a license holder has repeatedly violated a
law establishing a regulatory program administered by the
department or a rule or order of the commission or executive
director;
(2) the number of complaints filed against a license
holder;
(3) negative publicity regarding a license holder; and
(4) any other risk-based factor identified by the
commission.
(c) The commission may adopt rules that provide for the use
of alternative inspection methods, including the use of
videoconference technology or other methods instead of conducting
an in-person inspection, in circumstances the commission considers
appropriate.
SECTION 1.05. Section 51.252, Occupations Code, is amended
by amending Subsections (a) and (c) and adding Subsection (b-2) to
read as follows:
(a) The department shall maintain a system to promptly and
efficiently act on complaints filed with the department. The
department shall maintain information about parties to the
complaint, the subject matter of the complaint, a summary of the
results of the review or investigation of the complaint, and its
disposition [The executive director shall establish methods by
which consumers and service recipients are notified of the name,
mailing address, and telephone number of the department for the
purpose of directing complaints to the department. The department
shall provide to the person filing the complaint and to each person
who is a subject of the complaint information about the
department's policies and procedures relating to complaint
investigation and resolution].
(b-2) The department shall make information available
describing its procedures for complaint investigation and
resolution.
(c) The department [, at least quarterly and until final
disposition of the complaint,] shall periodically notify the
[person filing the] complaint parties [and each person who is a
subject of the complaint] of the status of the complaint until final
disposition [investigation] unless the notice would jeopardize an
[undercover] investigation.
SECTION 1.06. Subchapter E, Chapter 51, Occupations Code,
is amended by adding Sections 51.2521 and 51.255 to read as follows:
Sec. 51.2521. COMPLAINT INVESTIGATION. (a) The department
shall assign priorities and investigate complaints based on risk to
the public of the conduct alleged in the complaint.
(b) If the commission determines at any time that an
allegation made or formal complaint submitted by a person is
inappropriate or without merit, the commission shall dismiss the
complaint and no further action may be taken. The commission may
delegate to the department the duty to dismiss complaints under
this subsection. The department shall inform the commission of all
dismissals made under this subsection.
Sec. 51.255. STATISTICAL ANALYSIS OF COMPLAINTS. (a) The
department shall make available on the department's Internet
website a statistical analysis of the complaints received by the
department.
(b) The analysis under this section must include aggregate
information on the number, source, type, and disposition of
complaints received during the preceding state fiscal year and must
include, as applicable, the following information for each program
regulated by the department:
(1) the number of license holders;
(2) the number of complaints received against license
holders;
(3) the number of complaints resolved and the manner
in which they were resolved, including:
(A) the number of complaints dismissed and the
reasons for dismissal;
(B) the number of contested cases referred to and
heard by the State Office of Administrative Hearings;
(C) the number of cases appealed to a district
court;
(D) the number of complaints resulting in
disciplinary action, the disciplinary action taken, and whether the
disciplinary action was imposed by an agreed settlement or default
order issued by the executive director or a final order issued by
the commission;
(E) the manner in which complaints were resolved
categorized by the nature of the alleged violation; and
(F) the number of complaints resolved,
categorized by whether the complaint originated from department
staff or from the public;
(4) the average time required to resolve a complaint;
(5) the average amount of administrative penalties
assessed; and
(6) the number and amount of refunds ordered by the
commission or executive director.
SECTION 1.07. Section 51.351, Occupations Code, is amended
by adding Subsection (e) to read as follows:
(e) The department may take action under Section 51.353 for
a violation identified during an inspection.
SECTION 1.08. Subchapter G, Chapter 51, Occupations Code,
is amended by adding Sections 51.3531 and 51.359 to read as follows:
Sec. 51.3531. DENIAL OF LICENSE RENEWAL. The commission
may deny the renewal of a license if the applicant is in violation
of an order of the commission or the executive director.
Sec. 51.359. REFUND. (a) Subject to Subsection (b), the
commission or executive director may order a license holder to pay a
refund to a consumer as provided in an agreed settlement, default
order, or commission order instead of or in addition to imposing an
administrative penalty or other sanction.
(b) The amount of a refund ordered may not exceed the amount
the consumer paid to the license holder for a service regulated by
the department. The commission or executive director may not
require payment of other damages or estimate harm in a refund order.
SECTION 1.09. Section 51.4012(a), Occupations Code, is
amended to read as follows:
(a) Notwithstanding any other law, the commission may
determine that a person is not eligible for a license based on the
person's criminal history [or other information that indicates that
the person lacks the honesty, trustworthiness, and integrity to
hold a license issued by the department].
SECTION 1.10. Section 51.405, Occupations Code, is amended
to read as follows:
Sec. 51.405. CONTINUING EDUCATION. (a) The commission
shall recognize, prepare, or administer continuing education
programs for license holders. A license holder must participate in
the programs to the extent required by the commission to keep the
person's license.
(b) The commission by rule may establish a minimum number of
hours of continuing education required for license renewal.
(c) In adopting rules under this section for a program
regulated by the department, the commission shall consult, if
applicable, with the advisory board established for the program.
SECTION 1.11. Subchapter H, Chapter 51, Occupations Code,
is amended by adding Section 51.409 to read as follows:
Sec. 51.409. FINANCIAL DISCLOSURE STATEMENT. (a) The
commission by rule may require a person, other than an individual,
applying for a license issued by the department to submit with the
license application a financial disclosure statement. The rules
may require any of the following information to be disclosed based
on the type of license for which the application is submitted:
(1) the name of the applicable business entity;
(2) the name of each person who has a direct financial
investment in the business;
(3) the name of each person, other than an individual,
who:
(A) has a financial investment in the business;
and
(B) is not otherwise disclosed under Subdivision
(2);
(4) the total amount or percentage of the financial
investment made by each person described by Subdivision (2); and
(5) the name of each of the following persons
associated with the business, if the person is not otherwise
disclosed under Subdivision (2) or (3):
(A) a partner;
(B) an officer;
(C) a director;
(D) a managing employee;
(E) an owner or person who controls the owner;
and
(F) a person who acts as a controlling person of
the business through the exercise of direct or indirect influence
or control over the management of the business, the expenditure of
money by the business, or a policy of the business, including:
(i) any management company, landlord,
marketing company, or similar person who operates or contracts for
the operation of the business and, if the business is a publicly
traded corporation or is controlled by a publicly traded
corporation, any officer or director of the corporation;
(ii) an individual who has a personal,
familial, or other relationship with an owner, manager, landlord,
tenant, or provider of a business that allows the individual to
exercise actual control of the business; and
(iii) any other person the commission by
rule requires to be included based on the person's exercise of
direct or indirect influence or control other than a shareholder or
lender of the corporation.
(b) The department may deny an application for a license or
suspend or revoke a license on the grounds that a business has
failed to disclose a relationship for which disclosure is required
by rules adopted under this section.
SECTION 1.12. Section 755.025(a), Health and Safety Code,
is amended to read as follows:
(a) The executive director shall require each boiler to be
inspected internally and externally at the time of initial
installation and at subsequent intervals in accordance with the
rules for risk-based inspections adopted under Section 51.211,
Occupations Code [as provided by this section]. The executive
director may provide that the inspection be performed by any
inspector.
SECTION 1.13. Section 755.026(a), Health and Safety Code,
is amended to read as follows:
(a) With the approval of the executive director and the
inspection agency that has jurisdiction for the power boiler, the
interval between internal inspections may be extended in accordance
with the rules for risk-based inspections adopted under Section
51.211, Occupations Code [to a period not exceeding a total of 60
months. For unfired steam boilers or steam collection or
liberation drums of process steam generators, the inspection
interval may be extended to the next scheduled downtime of the
boiler, but not exceeding a total of:
[(1) 84 months for unfired steam boilers;
[(2) 120 months for steam collection or liberation
drums of process steam generators manufactured before January 1,
1970; or
[(3) 144 months for steam collection or liberation
drums of process steam generators manufactured on or after January
1, 1970].
SECTION 1.14. Section 202.505, Occupations Code, is amended
to read as follows:
Sec. 202.505. REEXAMINATION IF LICENSE SUSPENDED OR
REVOKED. The department may refuse to reinstate a license or to
issue a new license until a podiatrist has passed the regular
license examination if the commission or executive director
suspended or revoked the license for:
(1) failure to satisfy continuing education
requirements [under Section 202.305]; or
(2) nonpayment of the license renewal fee.
SECTION 1.15. Section 402.207(c), Occupations Code, is
amended to read as follows:
(c) An apprentice permit holder shall work under the
supervision of a license holder for at least one year. [During the
apprentice year, the apprentice permit holder shall complete 20
hours of classroom continuing education as required by Section
402.303 for a license holder.]
SECTION 1.16. Section 402.305, Occupations Code, is amended
to read as follows:
Sec. 402.305. CONTINUING EDUCATION EXEMPTIONS. The
department may renew the license of a license holder who does not
comply with the applicable continuing education requirements [of
Section 402.303 or 402.304] if the license holder:
(1) was licensed for the first time during the 24
months before the reporting date; or
(2) submits proof from an attending physician that the
license holder suffered a serious or disabling illness or physical
disability that prevented compliance with the continuing education
requirements during the 24 months before the reporting date.
SECTION 1.17. Section 802.062(b), Occupations Code, is
amended to read as follows:
(b) An [The] inspection by the department must be conducted
during the facility's normal business hours, and the licensed
breeder or a representative of the licensed breeder must be given a
reasonable opportunity to be present during the inspection.
SECTION 1.18. Section 1152.106, Occupations Code, is
amended to read as follows:
Sec. 1152.106. [MEETINGS;] VOTE REQUIRED FOR ACTION. [(a)
The council shall meet at least semiannually at the call of the
presiding officer or at the call of a majority of its members.
[(b)] A decision of the council is not effective unless it
receives the affirmative vote of at least four members.
SECTION 1.19. Section 1953.106, Occupations Code, is
amended to read as follows:
Sec. 1953.106. RENEWAL OF CERTIFICATE. [(a)] To renew a
certificate of registration under this chapter, a professional
sanitarian must:
(1) pay to the department a renewal fee prescribed by
the commission by rule; and
(2) provide proof of completion of any applicable
continuing education requirements prescribed by the commission by
rule.
SECTION 1.20. Section 1958.104, Occupations Code, is
amended to read as follows:
Sec. 1958.104. RULES REGARDING LICENSE APPLICATION. The
commission shall adopt rules regarding a license application. The
commission shall adopt rules that establish minimum requirements
for a license, including:
(1) the type of license;
(2) the qualifications for the license, including any
previous training required under Section 1958.106;
(3) renewal requirements for the license[, including
ongoing continuing education required under Section 1958.106]; and
(4) liability insurance requirements for the license.
SECTION 1.21. Section 1958.106, Occupations Code, is
amended to read as follows:
Sec. 1958.106. TRAINING [; CONTINUING EDUCATION]. (a) The
commission shall adopt rules regarding training required under this
chapter [and continuing education required for a license holder
under this chapter].
(b) The rules may include requirements regarding training
[and continuing education] providers, including rules
establishing:
(1) accreditation by the department;
(2) curriculum requirements; and
(3) qualifications.
SECTION 1.22. Section 2308.159(c), Occupations Code, is
amended to read as follows:
(c) A license holder may renew a license issued under this
chapter by:
(1) submitting an application on a form prescribed by
the executive director;
(2) submitting evidence demonstrating compliance with
the requirements for the license type as required by this chapter or
commission rule;
(3) paying a renewal fee; and
(4) completing any applicable continuing education
requirements [as required by Section 2308.157].
SECTION 1.23. The heading to Section 2308.2065, Occupations
Code, is amended to read as follows:
Sec. 2308.2065. FEES FOR NONCONSENT TOWS [; REFUNDS].
SECTION 1.24. The following provisions are repealed:
(1) Section 1001.058(h), Education Code;
(2) Section 469.053(e), Government Code;
(3) Section 754.012(d), Health and Safety Code;
(4) Section 754.0174, Health and Safety Code;
(5) Section 755.016, Health and Safety Code;
(6) Sections 755.025(b), (c), (d), and (e), Health and
Safety Code;
(7) Sections 755.026(c) and (c-1), Health and Safety
Code;
(8) Section 51.0021, Occupations Code;
(9) Section 51.252(d), Occupations Code;
(10) Section 202.305, Occupations Code;
(11) Section 202.5085, Occupations Code;
(12) Section 203.304, Occupations Code;
(13) Section 203.406, Occupations Code;
(14) Section 401.355, Occupations Code;
(15) Section 402.303, Occupations Code;
(16) Section 403.152, Occupations Code;
(17) Section 455.0571, Occupations Code;
(18) Section 506.105, Occupations Code;
(19) Section 605.261, Occupations Code;
(20) Section 701.303, Occupations Code;
(21) Section 701.512, Occupations Code;
(22) Section 802.062(a), Occupations Code;
(23) Section 802.065(e), Occupations Code;
(24) Section 1151.1581, Occupations Code;
(25) Section 1152.204, Occupations Code;
(26) Section 1302.208(a), Occupations Code;
(27) Section 1305.055, Occupations Code;
(28) Section 1305.168, Occupations Code;
(29) Section 1901.107(a), Occupations Code;
(30) Section 1952.1051, Occupations Code;
(31) Section 1958.056(b), Occupations Code;
(32) Section 2303.056(b), Occupations Code;
(33) Section 2308.055, Occupations Code;
(34) Section 2308.157, Occupations Code;
(35) Section 2308.2065(c), Occupations Code;
(36) Section 2309.056, Occupations Code; and
(37) Section 2309.106(a), Occupations Code.
SECTION 1.25. (a) Except as provided by Subsection (b) of
this section, Section 51.054, Occupations Code, as amended by this
article, applies to a member of the Texas Commission of Licensing
and Regulation appointed before, on, or after the effective date of
this Act.
(b) A member of the Texas Commission of Licensing and
Regulation who, before the effective date of this Act, completed
the training program required by Section 51.054, Occupations Code,
as that law existed before the effective date of this Act, is only
required to complete additional training on the subjects added by
this article to the training program required by Section 51.054,
Occupations Code. A member described by this subsection may not
vote, deliberate, or be counted as a member in attendance at a
meeting of the commission held on or after December 1, 2021, until
the member completes the additional training.
ARTICLE 2. DEREGULATION
SECTION 2.01. The following provisions of the Occupations
Code are repealed:
(1) Chapter 1703;
(2) Chapter 1802; and
(3) Section 2052.002(11-a).
SECTION 2.02. Articles 18.19(c), (d), and (e), Code of
Criminal Procedure, are amended to read as follows:
(c) If there is no prosecution or conviction for an offense
involving the weapon seized, the magistrate to whom the seizure was
reported shall, before the 61st day after the date the magistrate
determines that there will be no prosecution or conviction, notify
in writing the person found in possession of the weapon that the
person is entitled to the weapon upon written request to the
magistrate. The magistrate shall order the weapon returned to the
person found in possession before the 61st day after the date the
magistrate receives a request from the person. If the weapon is not
requested before the 61st day after the date of notification, the
magistrate shall, before the 121st day after the date of
notification, order the weapon destroyed, sold at public sale by
the law enforcement agency holding the weapon or by an auctioneer
[licensed under Chapter 1802, Occupations Code], or forfeited to
the state for use by the law enforcement agency holding the weapon
or by a county forensic laboratory designated by the magistrate. If
the magistrate does not order the return, destruction, sale, or
forfeiture of the weapon within the applicable period prescribed by
this subsection, the law enforcement agency holding the weapon may
request an order of destruction, sale, or forfeiture of the weapon
from the magistrate. Only a firearms dealer licensed under 18
U.S.C. Section 923 may purchase a weapon at public sale under this
subsection. Proceeds from the sale of a seized weapon under this
subsection shall be transferred, after the deduction of court costs
to which a district court clerk is entitled under Article 59.05(f),
followed by the deduction of auction costs, to the law enforcement
agency holding the weapon.
(d) A person either convicted or receiving deferred
adjudication under Chapter 46, Penal Code, is entitled to the
weapon seized upon request to the court in which the person was
convicted or placed on deferred adjudication. However, the court
entering the judgment shall order the weapon destroyed, sold at
public sale by the law enforcement agency holding the weapon or by
an auctioneer [licensed under Chapter 1802, Occupations Code], or
forfeited to the state for use by the law enforcement agency holding
the weapon or by a county forensic laboratory designated by the
court if:
(1) the person does not request the weapon before the
61st day after the date of the judgment of conviction or the order
placing the person on deferred adjudication;
(2) the person has been previously convicted under
Chapter 46, Penal Code;
(3) the weapon is one defined as a prohibited weapon
under Chapter 46, Penal Code;
(4) the offense for which the person is convicted or
receives deferred adjudication was committed in or on the premises
of a playground, school, video arcade facility, or youth center, as
those terms are defined by Section 481.134, Health and Safety Code;
or
(5) the court determines based on the prior criminal
history of the defendant or based on the circumstances surrounding
the commission of the offense that possession of the seized weapon
would pose a threat to the community or one or more individuals.
(e) If the person found in possession of a weapon is
convicted of an offense involving the use of the weapon, before the
61st day after the date of conviction the court entering judgment of
conviction shall order destruction of the weapon, sale at public
sale by the law enforcement agency holding the weapon or by an
auctioneer [licensed under Chapter 1802, Occupations Code], or
forfeiture to the state for use by the law enforcement agency
holding the weapon or by a county forensic laboratory designated by
the court. If the court entering judgment of conviction does not
order the destruction, sale, or forfeiture of the weapon within the
period prescribed by this subsection, the law enforcement agency
holding the weapon may request an order of destruction, sale, or
forfeiture of the weapon from a magistrate. Only a firearms dealer
licensed under 18 U.S.C. Section 923 may purchase a weapon at public
sale under this subsection. Proceeds from the sale of a seized
weapon under this subsection shall be transferred, after the
deduction of court costs to which a district court clerk is entitled
under Article 59.05(f), followed by the deduction of auction costs,
to the law enforcement agency holding the weapon.
SECTION 2.03. Section 54.0405(d), Family Code, is amended
to read as follows:
(d) A polygraph examination required as a condition of
probation under Subsection (a) must be administered by an
individual who is [:
[(1)] specified by the local juvenile probation
department supervising the child [; and
[(2) licensed as a polygraph examiner under Chapter
1703, Occupations Code].
SECTION 2.04. Sections 411.0074(c) and (d), Government
Code, are amended to read as follows:
(c) The polygraph examination required by this section may
only be administered by a polygraph examiner [licensed under
Chapter 1703, Occupations Code,] who:
(1) is a peace officer commissioned by the department;
or
(2) has a minimum of two years of experience
conducting preemployment polygraph examinations for a law
enforcement agency.
(d) The department and the polygraph examiner shall
maintain the confidentiality of the results of a polygraph
examination administered under this section, except that [:
[(1) the department and the polygraph examiner may
disclose the results in accordance with Section 1703.306,
Occupations Code; and
[(2) notwithstanding Section 1703.306, Occupations
Code,] the department may disclose any admission of criminal
conduct made during the course of an examination to another
appropriate governmental entity.
SECTION 2.05. Section 245.053(d), Human Resources Code, is
amended to read as follows:
(d) A polygraph examination required as a condition of
release under Subsection (a) must be administered by an individual
who is [:
[(1)] specified by the department [; and
[(2) licensed as a polygraph examiner under Chapter
1703, Occupations Code].
SECTION 2.06. Section 252.022(a), Local Government Code, is
amended to read as follows:
(a) This chapter does not apply to an expenditure for:
(1) a procurement made because of a public calamity
that requires the immediate appropriation of money to relieve the
necessity of the municipality's residents or to preserve the
property of the municipality;
(2) a procurement necessary to preserve or protect the
public health or safety of the municipality's residents;
(3) a procurement necessary because of unforeseen
damage to public machinery, equipment, or other property;
(4) a procurement for personal, professional, or
planning services;
(5) a procurement for work that is performed and paid
for by the day as the work progresses;
(6) a purchase of land or a right-of-way;
(7) a procurement of items that are available from
only one source, including:
(A) items that are available from only one source
because of patents, copyrights, secret processes, or natural
monopolies;
(B) films, manuscripts, or books;
(C) gas, water, and other utility services;
(D) captive replacement parts or components for
equipment;
(E) books, papers, and other library materials
for a public library that are available only from the persons
holding exclusive distribution rights to the materials; and
(F) management services provided by a nonprofit
organization to a municipal museum, park, zoo, or other facility to
which the organization has provided significant financial or other
benefits;
(8) a purchase of rare books, papers, and other
library materials for a public library;
(9) paving drainage, street widening, and other public
improvements, or related matters, if at least one-third of the cost
is to be paid by or through special assessments levied on property
that will benefit from the improvements;
(10) a public improvement project, already in
progress, authorized by the voters of the municipality, for which
there is a deficiency of funds for completing the project in
accordance with the plans and purposes authorized by the voters;
(11) a payment under a contract by which a developer
participates in the construction of a public improvement as
provided by Subchapter C, Chapter 212;
(12) personal property sold:
(A) at an auction [by a state licensed
auctioneer];
(B) at a going out of business sale held in
compliance with Subchapter F, Chapter 17, Business & Commerce Code;
(C) by a political subdivision of this state, a
state agency of this state, or an entity of the federal government;
or
(D) under an interlocal contract for cooperative
purchasing administered by a regional planning commission
established under Chapter 391;
(13) services performed by blind or severely disabled
persons;
(14) goods purchased by a municipality for subsequent
retail sale by the municipality;
(15) electricity; or
(16) advertising, other than legal notices.
SECTION 2.07. Section 262.024(a), Local Government Code, is
amended to read as follows:
(a) A contract for the purchase of any of the following
items is exempt from the requirement established by Section 262.023
if the commissioners court by order grants the exemption:
(1) an item that must be purchased in a case of public
calamity if it is necessary to make the purchase promptly to relieve
the necessity of the citizens or to preserve the property of the
county;
(2) an item necessary to preserve or protect the
public health or safety of the residents of the county;
(3) an item necessary because of unforeseen damage to
public property;
(4) a personal or professional service;
(5) any individual work performed and paid for by the
day, as the work progresses, provided that no individual is
compensated under this subsection for more than 20 working days in
any three month period;
(6) any land or right-of-way;
(7) an item that can be obtained from only one source,
including:
(A) items for which competition is precluded
because of the existence of patents, copyrights, secret processes,
or monopolies;
(B) films, manuscripts, or books;
(C) electric power, gas, water, and other utility
services; and
(D) captive replacement parts or components for
equipment;
(8) an item of food;
(9) personal property sold:
(A) at an auction [by a state licensed
auctioneer];
(B) at a going out of business sale held in
compliance with Subchapter F, Chapter 17, Business & Commerce Code;
or
(C) by a political subdivision of this state, a
state agency of this state, or an entity of the federal government;
(10) any work performed under a contract for community
and economic development made by a county under Section 381.004; or
(11) vehicle and equipment repairs.
SECTION 2.08. Section 263.153(c), Local Government Code, is
amended to read as follows:
(c) A county that contracts with an auctioneer [licensed
under Chapter 1802, Occupations Code,] who uses an Internet auction
site offering online bidding through the Internet to sell surplus
or salvage property under this subchapter having an estimated value
of not more than $500 shall satisfy the notice requirement under
this section by posting the property on the site for at least 10
days unless the property is sold before the 10th day.
SECTION 2.09. Section 1101.005, Occupations Code, is
amended to read as follows:
Sec. 1101.005. APPLICABILITY OF CHAPTER. This chapter
does not apply to:
(1) an attorney licensed in this state;
(2) an attorney-in-fact authorized under a power of
attorney to conduct not more than three real estate transactions
annually;
(3) a public official while engaged in official
duties;
(4) an auctioneer [licensed under Chapter 1802] while
conducting the sale of real estate by auction if the auctioneer does
not perform another act of a broker;
(5) a person conducting a real estate transaction
under a court order or the authority of a will or written trust
instrument;
(6) a person employed by an owner in the sale of
structures and land on which structures are located if the
structures are erected by the owner in the course of the owner's
business;
(7) an on-site manager of an apartment complex;
(8) an owner or the owner's employee who leases the
owner's improved or unimproved real estate; or
(9) a transaction involving:
(A) the sale, lease, or transfer of a mineral or
mining interest in real property;
(B) the sale, lease, or transfer of a cemetery
lot;
(C) the lease or management of a hotel or motel;
or
(D) the sale of real property under a power of
sale conferred by a deed of trust or other contract lien.
SECTION 2.10. Section 2052.107, Occupations Code, is
amended to read as follows:
Sec. 2052.107. OTHER COMBATIVE SPORTS LICENSES. Unless a
person holds a license or registration issued under this chapter,
the person may not act as a combative sports:
(1) professional contestant;
(2) manager of a professional contestant;
(3) referee; or
(4) judge [;
[(5) second;
[(6) matchmaker; or
[(7) event coordinator].
SECTION 2.11. Sections 33.25(b), (f), and (g), Tax Code,
are amended to read as follows:
(b) The commissioners court of a county having a population
of three million or more by official action may authorize a peace
officer or the collector for the county charged with selling
property under this subchapter by public auction to enter into an
agreement with an auctioneer [a person who holds an auctioneer's
license] to advertise the auction sale of the property and to
conduct the auction sale of the property. The agreement may provide
for on-line bidding and sale.
(f) The proceeds of a sale of property under this section
shall be applied to:
(1) any compensation owed to or any expense advanced
by the [licensed] auctioneer under an agreement entered into under
Subsection (b) or a service provider under an agreement entered
into under Subsection (c);
(2) all usual costs, expenses, and fees of the seizure
and sale, payable to the peace officer conducting the sale;
(3) all additional expenses incurred in advertising
the sale or in removing, storing, preserving, or safeguarding the
seized property pending its sale;
(4) all usual court costs payable to the clerk of the
court that issued the tax warrant; and
(5) taxes, penalties, interest, and attorney's fees
included in the application for warrant.
(g) The peace officer or [licensed] auctioneer conducting
the sale shall pay all proceeds from the sale to the collector
designated in the tax warrant for distribution as required by
Subsection (f).
SECTION 2.12. Section 460.406(c), Transportation Code, is
amended to read as follows:
(c) The board of directors may authorize the negotiation of
a contract without competitive sealed bids or proposals if:
(1) the aggregate amount involved in the contract is
less than the greater of:
(A) $50,000; or
(B) the amount of an expenditure under a contract
that would require a municipality to comply with Section
252.021(a), Local Government Code;
(2) the contract is for construction for which not
more than one bid or proposal is received;
(3) the contract is for services or property for which
there is only one source or for which it is otherwise impracticable
to obtain competition, including:
(A) items that are available from only one source
because of patents, copyrights, secret processes, or natural
monopolies;
(B) gas, water, and other utility services; and
(C) captive replacement parts or components for
equipment;
(4) the contract is to respond to an emergency for
which the public exigency does not permit the delay incident to the
competitive process;
(5) the contract is for personal, professional, or
planning services;
(6) the contract, without regard to form and which may
include bonds, notes, loan agreements, or other obligations, is for
the purpose of borrowing money or is a part of a transaction
relating to the borrowing of money, including:
(A) a credit support agreement, such as a line or
letter of credit or other debt guaranty;
(B) a bond, note, debt sale or purchase, trustee,
paying agent, remarketing agent, indexing agent, or similar
agreement;
(C) an agreement with a securities dealer,
broker, or underwriter; and
(D) any other contract or agreement considered by
the board of directors to be appropriate or necessary in support of
the authority's financing activities;
(7) the contract is for work that is performed and paid
for by the day as the work progresses;
(8) the contract is for the lease or purchase of an
interest in land;
(9) the contract is for the purchase of personal
property sold:
(A) at an auction [by a state licensed
auctioneer];
(B) at a going out of business sale held in
compliance with Subchapter F, Chapter 17, Business & Commerce Code;
or
(C) by a political subdivision of this state, a
state agency, or an entity of the federal government;
(10) the contract is for services performed by persons
who are blind or have severe disabilities;
(11) the contract is for the purchase of electricity;
(12) the contract is one for an authority project and
awarded for alternate project delivery using the procedures,
requirements, and limitations under Subchapters E, F, G, H, and I,
Chapter 2269, Government Code; or
(13) the contract is for fare enforcement officer
services under Section 460.1092.
SECTION 2.13. Sections 503.024(b) and (d), Transportation
Code, are amended to read as follows:
(b) For the purposes of Section 503.021, a person is not
engaging in business as a dealer by:
(1) selling or offering to sell, if the sale or offer
is not made to avoid a requirement of this chapter, a vehicle the
person acquired for personal or business use to:
(A) a person other than a retail buyer if not sold
or offered through an [a licensed] auctioneer; or
(B) any person if the sale or offer is made
through an [a licensed] auctioneer;
(2) selling, in a manner provided by law for the forced
sale of vehicles, a vehicle in which the person holds a security
interest;
(3) acting under a court order as a receiver, trustee,
administrator, executor, guardian, or other appointed person;
(4) selling a vehicle the person acquired from the
vehicle's owner as a result of paying an insurance claim if the
person is an insurance company;
(5) selling an antique passenger car or truck that is
at least 25 years of age; or
(6) selling a special interest vehicle that is at
least 12 years of age if the person is a collector.
(d) For the purposes of Section 503.021, an [a licensed]
auctioneer is not engaging in business as a dealer by, as a bid
caller, selling or offering to sell property, including a business
that holds the title to any number of vehicles, to the highest
bidder at a bona fide auction if:
(1) legal or equitable title does not pass to the
auctioneer;
(2) the auction is not held to avoid a requirement of
this chapter; and
(3) for an auction of vehicles owned legally or
equitably by a person who holds a general distinguishing number,
the auction is conducted at the location for which the general
distinguishing number was issued.
SECTION 2.14. On the effective date of this Act:
(1) the Polygraph Advisory Committee is abolished;
(2) the Auctioneer Advisory Board is abolished; and
(3) money in the auctioneer education and recovery
fund is transferred to the general revenue fund.
SECTION 2.15. On the effective date of this Act, a pending
regulatory action, including a complaint investigation,
disciplinary action, or administrative penalty proceeding, of the
Texas Department of Licensing and Regulation with respect to a
license, permit, or certification issued under a law repealed by
this article, is terminated.
SECTION 2.16. On the effective date of this Act, a license,
permit, or certification issued under a law repealed by this
article expires.
ARTICLE 3. BARBERING AND COSMETOLOGY
SECTION 3.01. Section 1603.001, Occupations Code, is
amended to read as follows:
Sec. 1603.001. GENERAL DEFINITIONS. [(a)] In this
chapter:
(1) "Advisory board" means the Barbering and
Cosmetology Advisory Board.
(2) "Commission" means the Texas Commission of
Licensing and Regulation.
(3) [(2)] "Department" means the Texas Department of
Licensing and Regulation.
(4) "Establishment" means a place that holds a license
issued under Subchapter E-2 in which barbering or cosmetology is
practiced.
(5) [(3)] "Executive director" means the executive
director of the department.
(6) "Manager" means the person who controls or directs
the business of an establishment or directs the work of a person
employed in an establishment.
(7) "School" means a place that holds a license issued
under Subchapter E-3 to teach barbering or cosmetology.
[(b) Unless the context clearly indicates otherwise, the
definitions in Chapters 1601 and 1602 apply to this chapter.]
SECTION 3.02. Subchapter A, Chapter 1603, Occupations Code,
is amended by adding Sections 1603.0011, 1603.0012, 1603.0013, and
1603.0014 to read as follows:
Sec. 1603.0011. DEFINITION OF BARBERING. In this chapter,
"barbering" means:
(1) the practice of performing or offering or
attempting to perform for compensation or the promise of
compensation any of the following services:
(A) treating a person's mustache or beard by
arranging, beautifying, coloring, processing, shaving, styling, or
trimming;
(B) treating a person's hair by:
(i) arranging, beautifying, bleaching,
cleansing, coloring, curling, dressing, dyeing, processing,
shaping, singeing, straightening, styling, tinting, or waving;
(ii) providing a necessary service that is
preparatory or ancillary to a service under Subparagraph (i),
including bobbing, clipping, cutting, or trimming; or
(iii) cutting the person's hair as a
separate and independent service for which a charge is directly or
indirectly made separately from a charge for any other service;
(C) cleansing, stimulating, or massaging a
person's scalp, face, neck, arms, or shoulders:
(i) by hand or by using a device, apparatus,
or appliance; and
(ii) with or without the use of any cosmetic
preparation, antiseptic, tonic, lotion, or cream;
(D) beautifying a person's face, neck, arms, or
shoulders using a cosmetic preparation, antiseptic, tonic, lotion,
powder, oil, clay, cream, or appliance;
(E) treating a person's nails by:
(i) cutting, trimming, polishing, tinting,
coloring, cleansing, manicuring, or pedicuring; or
(ii) attaching false nails;
(F) massaging, cleansing, treating, or
beautifying a person's hands;
(G) administering facial treatments; or
(H) weaving a person's hair by using any method
to attach commercial hair to a person's hair or scalp;
(2) advertising or representing to the public in any
manner that a person is a barber or is authorized to practice
barbering; or
(3) advertising or representing to the public in any
manner that a location or place of business is an establishment or
school.
Sec. 1603.0012. DEFINITION OF COSMETOLOGY. (a) In this
chapter, "cosmetology" means the practice of performing or offering
to perform for compensation any of the following services:
(1) treating a person's hair by:
(A) providing any method of treatment as a
primary service, including arranging, beautifying, bleaching,
cleansing, coloring, cutting, dressing, dyeing, processing,
shaping, singeing, straightening, styling, tinting, or waving;
(B) providing a necessary service that is
preparatory or ancillary to a service under Paragraph (A),
including bobbing, clipping, cutting, or trimming a person's hair
or shaving a person's neck with a safety razor; or
(C) cutting the person's hair as a separate and
independent service for which a charge is directly or indirectly
made separately from charges for any other service;
(2) treating a person's mustache or beard by
arranging, beautifying, coloring, processing, styling, trimming,
or shaving with a safety razor;
(3) cleansing, stimulating, or massaging a person's
scalp, face, neck, or arms:
(A) by hand or by using a device, apparatus, or
appliance; and
(B) with or without the use of any cosmetic
preparation, antiseptic, tonic, lotion, or cream;
(4) beautifying a person's face, neck, or arms using a
cosmetic preparation, antiseptic, tonic, lotion, powder, oil,
clay, cream, or appliance;
(5) administering facial treatments;
(6) removing superfluous hair from a person's body
using depilatories, preparations or chemicals, tweezers, or other
devices or appliances of any kind or description;
(7) treating a person's nails by:
(A) cutting, trimming, polishing, tinting,
coloring, cleansing, or manicuring; or
(B) attaching false nails;
(8) massaging, cleansing, treating, or beautifying a
person's hands or feet;
(9) applying semipermanent, thread-like extensions
composed of single fibers to a person's eyelashes; or
(10) weaving a person's hair.
(b) In this section, "safety razor" means a razor that is
fitted with a guard close to the cutting edge of the razor that is
intended to:
(1) prevent the razor from cutting too deeply; and
(2) reduce the risk and incidence of accidental cuts.
Sec. 1603.0013. SERVICES NOT CONSTITUTING BARBERING OR
COSMETOLOGY. Barbering and cosmetology do not include:
(1) threading, which involves removing unwanted hair
from a person by using a piece of thread that is looped around the
hair and pulled to remove the hair and includes the incidental
trimming of eyebrow hair; or
(2) servicing a person's wig, toupee, or artificial
hairpiece on a person's head or on a block after the initial retail
sale in any manner described by:
(A) Section 1603.0011(1)(B); or
(B) Section 1603.0012(a)(1).
Sec. 1603.0014. APPLICATION OF CHAPTER. This chapter does
not apply to a person who:
(1) does not represent or advertise to the public
directly or indirectly that the person is authorized by the
department to practice barbering or cosmetology and the person is:
(A) licensed in this state to practice medicine,
dentistry, podiatry, chiropractic, or nursing and operating within
the scope of the person's license;
(B) a commissioned or authorized medical or
surgical officer of the United States armed forces; or
(C) an inmate in the institutional division of
the Texas Department of Criminal Justice who performs barbering or
cosmetology during the person's incarceration;
(2) provides a service in an emergency;
(3) is in the business of or receives compensation for
makeup applications only;
(4) provides a cosmetic service as a volunteer or an
employee performing regular duties at a licensed nursing or
convalescent custodial or personal care home to a patient residing
in the home;
(5) owns, operates, or manages a licensed nursing or
convalescent custodial or personal care home that allows a person
with an operator license to perform cosmetic services for patients
residing in the home on an occasional but not daily basis;
(6) provides an incidental cosmetic service, or owns,
operates, or manages the location where that service is provided,
if the primary purpose of the service is to enable or assist the
recipient of the service to participate as the subject of:
(A) a photographic sitting at a permanent
establishment that charges a fee exclusively for a photographic
sitting;
(B) a television appearance; or
(C) the filming of a motion picture; or
(7) performs only natural hair braiding, including
braiding a person's hair, trimming hair extensions only as
applicable to the braiding process, and attaching commercial hair
by braiding and without the use of chemicals or adhesives.
SECTION 3.03. Section 1603.002, Occupations Code, is
amended to read as follows:
Sec. 1603.002. REGULATION OF BARBERING AND COSMETOLOGY BY
DEPARTMENT OF LICENSING AND REGULATION. The department shall
administer this chapter [and Chapters 1601 and 1602. A reference
in this chapter to the commission's or department's powers or duties
applies only in relation to those chapters, except that this
section does not limit the department's or commission's general
powers under Chapter 51].
SECTION 3.04. Subchapter B, Chapter 1603, Occupations Code,
is amended to read as follows:
SUBCHAPTER B. [ADVISORY BOARDS FOR] BARBERING AND COSMETOLOGY
ADVISORY BOARD
Sec. 1603.051. ADVISORY BOARD; MEMBERSHIP. The Barbering
and Cosmetology Advisory Board consists of nine members appointed
by the presiding officer of the commission, with the commission's
approval, as follows:
(1) four members who each hold an individual
practitioner license under Subchapter E-1, including:
(A) at least one holder of a Class A barber
license; and
(B) at least one holder of a cosmetology operator
license;
(2) two members who each hold an establishment
license;
(3) two members who each hold a school license; and
(4) one member who represents the public.
Sec. 1603.052. DUTIES OF ADVISORY BOARD. (a) The advisory
board [boards established under Chapters 1601 and 1602] shall
advise the commission and the department on:
(1) education and curricula for applicants;
(2) the content of examinations;
(3) proposed rules and standards on technical issues
related to barbering and cosmetology; and
(4) other issues affecting [administering this
chapter and Chapters 1601 and 1602 regarding] barbering and [or]
cosmetology[, as applicable].
(b) The advisory board shall respond to questions from the
commission and the department regarding barbering and cosmetology.
Sec. 1603.053. TERMS; VACANCY. (a) Members of the
advisory board serve staggered six-year terms, with the terms of
three members expiring January 31 of each odd-numbered year.
(b) If a vacancy occurs during a member's term, the
presiding officer of the commission, with the commission's
approval, shall appoint a replacement to fill the unexpired term.
Sec. 1603.054. PRESIDING OFFICER; TERM. (a) Subject to
Subsection (b), the presiding officer of the commission shall
designate a member of the advisory board to serve as the presiding
officer of the advisory board for a two-year term.
(b) The presiding officer of the commission shall designate
each member of the advisory board who represents the public to serve
as the presiding officer of the advisory board for at least one
term.
SECTION 3.05. Section 1603.101, Occupations Code, is
amended to read as follows:
Sec. 1603.101. RULES. The commission shall adopt rules
consistent with this chapter for[:
[(1)] the administration of this chapter and the
operations of the department in regulating barbering and
cosmetology[; and
[(2) the administration of Chapters 1601 and 1602].
SECTION 3.06. Section 1603.103(a), Occupations Code, is
amended to read as follows:
(a) Until the department determines, by inspection, that
the person has established the school in compliance with this
chapter, [Chapter 1601, or Chapter 1602,] a person may not operate a
school licensed [or permitted] under this chapter[, Chapter 1601,
or Chapter 1602].
SECTION 3.07. Sections 1603.104(a) and (d), Occupations
Code, are amended to read as follows:
(a) The department may enter and inspect at any time during
business hours:
(1) the place of business of any person regulated
under this chapter[, Chapter 1601, or Chapter 1602]; or
(2) any place in which the department has reasonable
cause to believe that a [certificate,] license[,] or permit holder
is practicing in violation of this chapter[, Chapter 1601, or
Chapter 1602] or in violation of a rule or order of the commission
or executive director.
(d) An inspector who discovers a violation of this chapter[,
Chapter 1601, or Chapter 1602] or of a rule or order of the
commission or executive director shall:
(1) provide written notice of the violation to the
license[, certificate,] or permit holder on a form prescribed by
the department; and
(2) file a complaint with the executive director.
SECTION 3.08. Section 1603.1045, Occupations Code, is
amended to read as follows:
Sec. 1603.1045. CONTRACT TO PERFORM INSPECTIONS. The
department may contract with a person to perform for the department
inspections of a school or establishment [, shop, or other facility
under this chapter, Chapter 1601, or Chapter 1602].
SECTION 3.09. Subchapter C, Chapter 1603, Occupations Code,
is amended by adding Section 1603.106 to read as follows:
Sec. 1603.106. CERTAIN BUILDING AND FACILITY STANDARDS
PROHIBITED. The commission may not establish building or facility
standards for a school that are not related to health and safety,
including a requirement that a building or facility of the school
have a specific:
(1) square footage of floor space;
(2) number of chairs; or
(3) number of sinks.
SECTION 3.10. Section 1603.151, Occupations Code, is
amended to read as follows:
Sec. 1603.151. NOTIFICATION OF PUBLIC INTEREST INFORMATION
AND PARTICIPATION. The commission by rule shall establish methods
by which consumers and service recipients are notified of the name,
mailing address, and telephone number of the department for the
purpose of directing complaints to the department regarding
barbering and cosmetology. The department may provide for that
notice:
(1) on each registration form, application, or written
contract for services of a person regulated under this chapter[,
Chapter 1601, or Chapter 1602];
(2) on a sign prominently displayed in the place of
business of each person regulated under this chapter[, Chapter
1601, or Chapter 1602]; or
(3) in a bill for service provided by a person
regulated under this chapter[, Chapter 1601, or Chapter 1602].
SECTION 3.11. The heading to Subchapter E, Chapter 1603,
Occupations Code, is amended to read as follows:
SUBCHAPTER E. GENERAL [CERTIFICATE,] LICENSE[,] AND PERMIT
PROVISIONS [REQUIREMENTS]
SECTION 3.12. Subchapter E, Chapter 1603, Occupations Code,
is amended by adding Section 1603.2001 to read as follows:
Sec. 1603.2001. RULES FOR ISSUANCE OF LICENSE OR PERMIT.
(a) The commission by rule shall establish requirements for the
issuance of:
(1) a license for an individual practitioner,
establishment, or school; and
(2) a student permit.
(b) A requirement established for the issuance of a license
must be the least restrictive requirement possible to ensure public
safety without creating a barrier to entry into the licensed
occupation.
(c) Requirements established under this section:
(1) for an individual practitioner specialty license
may not be more stringent than requirements for a Class A barber
license or a cosmetology operator license; and
(2) for a specialty establishment license may not be
more stringent than requirements for an establishment license.
(d) The commission, as appropriate, shall establish
standardized requirements within license categories.
SECTION 3.13. Sections 1603.201 and 1603.202, Occupations
Code, are amended to read as follows:
Sec. 1603.201. APPLICATION FORM. An application for a
[certificate,] license[,] or permit under this chapter must be made
on a form prescribed [and provided] by the department.
Sec. 1603.202. DUPLICATE [CERTIFICATE,] LICENSE[,] OR
PERMIT. The department shall issue a duplicate [certificate,]
license[,] or permit to an applicant who:
(1) submits an application for a duplicate
[certificate,] license[,] or permit to the department; and
(2) pays the required fee.
SECTION 3.14. Subchapter E, Chapter 1603, Occupations Code,
is amended by adding Section 1603.2025 to read as follows:
Sec. 1603.2025. TEMPORARY LICENSE. (a) The department may
issue a temporary license.
(b) The commission by rule may establish requirements for
the issuance of a temporary license.
(c) A temporary license expires on the 60th day after the
date the license is issued. A temporary license may not be renewed.
SECTION 3.15. Sections 1603.203 and 1603.204, Occupations
Code, are amended to read as follows:
Sec. 1603.203. PROVISIONAL [CERTIFICATE OR] LICENSE. (a)
The department may issue a provisional [certificate or] license to
an applicant currently licensed in another jurisdiction who seeks a
[certificate or] license in this state and who:
(1) has been licensed in good standing in the
profession for which the person seeks the [certificate or] license
for at least two years in another jurisdiction, including a foreign
country, that has requirements substantially equivalent to the
requirements of this chapter [, Chapter 1601, or Chapter 1602, as
appropriate]; and
(2) has passed a national or other examination
recognized by the commission relating to the practice of that
profession.
(b) A provisional [certificate or] license is valid until
the date the department approves or denies the provisional
[certificate or] license holder's application. The department
shall issue a [certificate or] license to the provisional
[certificate or] license holder if:
(1) the provisional [certificate or] license holder is
eligible to hold a [certificate or] license under this chapter
[Chapter 1601 or Chapter 1602]; or
(2) the provisional [certificate or] license holder
passes the part of the examination [under Chapter 1601 or Chapter
1602] that relates to the applicant's knowledge and understanding
of the laws and rules relating to the practice of the profession in
this state and:
(A) the department verifies that the provisional
[certificate or] license holder meets the academic and experience
requirements for the [certificate or] license; and
(B) the provisional [certificate or] license
holder satisfies any other [certificate or] license requirements.
(c) The department must approve or deny a provisional
[certificate or] license holder's application for a [certificate
or] license not later than the 180th day after the date the
provisional [certificate or] license is issued. The department may
extend the 180-day period if the results of an examination have not
been received by the department before the end of that period.
Sec. 1603.204. RECIPROCAL [CERTIFICATE,] LICENSE[, OR
PERMIT]. (a) A person who holds a license[, certificate, or
permit] to practice barbering or cosmetology from another state or
country that has standards or work experience requirements that are
substantially equivalent to the requirements of this chapter [,
Chapter 1601, or Chapter 1602] may apply for a license[,
certificate, or permit] to perform the same acts of barbering or
cosmetology in this state that the person practiced in the other
state or country.
(b) The person must:
(1) submit an application for the license[,
certificate, or permit] to the department; and
(2) pay fees in an amount prescribed by the
commission, including any applicable license[, certificate, or
permit] fee.
(c) A person issued a license[, certificate, or permit]
under this section:
(1) may perform the acts of barbering or cosmetology
stated on the license[, certificate, or permit]; and
(2) is subject to the renewal procedures and fees
provided in this chapter [, Chapter 1601, or Chapter 1602] for the
performance of those acts of barbering or cosmetology.
SECTION 3.16. Subchapter E, Chapter 1603, Occupations Code,
is amended by adding Sections 1603.2041 and 1603.2042 to read as
follows:
Sec. 1603.2041. INACTIVE STATUS. (a) The holder of a
license issued under this chapter may place the license on inactive
status by:
(1) applying to the commission on a form prescribed by
the commission not later than the 10th day before the date the
license expires; and
(2) paying the required fee.
(b) The holder of a license that has been placed on inactive
status under this section is not required to comply with any
continuing education requirements established by the commission
under this chapter.
(c) To maintain inactive status, the holder of a license
must reapply for inactive status on or before the second
anniversary of the date the status is granted by submitting the
required form accompanied by the required renewal fee.
(d) The holder of a license to practice barbering or
cosmetology that has been placed on inactive status under this
section may not perform or attempt to perform the practice of
barbering or cosmetology.
(e) A person whose license is on inactive status under this
section may return the person's license to active status by:
(1) applying to the commission for reinstatement of
the license on the form prescribed by the commission;
(2) submitting written documentation that the person
has completed any applicable continuing education requirements
under this chapter within the preceding two years; and
(3) paying the required license fee.
Sec. 1603.2042. REINSTATEMENT OF EXPIRED LICENSE BY
RETIREE. A license holder who retires from practice and whose
license under Subchapter E-1 has been expired for more than five
years may qualify for a new license by applying to the department
and by:
(1) making a proper showing to the department,
supported by a personal affidavit;
(2) paying the required examination fee;
(3) passing a satisfactory examination conducted by
the department; and
(4) paying the fee for an original license.
SECTION 3.17. Sections 1603.208(a)(2) and (3), Occupations
Code, are amended to read as follows:
(2) "Digitally prearranged remote service" means a
barbering or cosmetology service performed for compensation by a
person holding a license[, certificate of registration, or permit]
under Subchapter E-1 [Chapter 1601 or 1602 or this chapter] that is:
(A) prearranged through a digital network; and
(B) performed at a location other than an
establishment [a place of business that is] licensed [or permitted]
under Subchapter E-2 [Chapter 1601 or 1602 or this chapter].
(3) "Remote service business" means a corporation,
partnership, sole proprietorship, or other entity that, for
compensation, enables a client to schedule a digitally prearranged
remote service with a person holding a license[, certificate of
registration, or permit] under Subchapter E-1 [Chapter 1601 or 1602
or this chapter].
SECTION 3.18. Sections 1603.208(c), (d), (f), (g), and (i),
Occupations Code, are amended to read as follows:
(c) Sections 1603.2108 and 1603.2109 [1601.453, 1601.455,
1602.251(c), and 1602.407] do not apply to a digitally prearranged
remote service scheduled through a remote service business.
(d) A person who holds a license[, certificate of
registration, or permit] to practice barbering or cosmetology and
who performs a digitally prearranged remote service shall:
(1) comply with this section and the rules adopted
under this section; and
(2) practice within the scope of the person's
license[, certificate of registration, or permit].
(f) Before a person licensed[, registered, or permitted] to
practice barbering or cosmetology performs a digitally prearranged
remote service for a client requesting the service, a remote
service business must [shall] provide through the entity's digital
network:
(1) the following information regarding the person who
will perform the service:
(A) the person's first and last name;
(B) the [number of the] person's license number[,
certificate of registration, or permit, as applicable]; and
(C) a photograph of the person;
(2) the following information regarding the business:
(A) Internet website address; and
(B) telephone number; and
(3) the department's Internet website address and
telephone number and notice that the client may contact the
department to file a complaint against the business or person.
(g) Within a reasonable time after completion of a digitally
prearranged remote service, the remote service business shall issue
to the client who requested the service a receipt that includes:
(1) the date the service was provided;
(2) a description of the service;
(3) the first and last name of the person who performed
the service;
(4) the [number of the] person's license number[,
certificate of registration, or permit, as applicable];
(5) the following information regarding the business:
(A) Internet website address; and
(B) telephone number; and
(6) the department's Internet website address and
telephone number and notice that the client may contact the
department to file a complaint against the business or person.
(i) A remote service business shall terminate a person's
access to the business's digital network if the business or
department determines the person violated:
(1) this chapter; or
(2) a rule adopted under this chapter[;
[(3) Chapter 1601 or 1602; or
[(4) a rule adopted under Chapter 1601 or 1602].
SECTION 3.19. Subchapter E, Chapter 1603, Occupations Code,
is amended by adding Section 1603.209 to read as follows:
Sec. 1603.209. INFECTIOUS AND CONTAGIOUS DISEASES. (a) A
person holding a license or permit issued under Subchapter E-1 may
not perform any practice of barbering or cosmetology if the person
knows the person is suffering from an infectious or contagious
disease for which the person is not entitled to protection under the
federal Americans with Disabilities Act of 1990 (42 U.S.C. Section
12101 et seq.).
(b) A person holding an establishment or school license may
not employ a person to perform any practice of barbering or
cosmetology or to instruct in the practice of barbering or
cosmetology if the license holder knows that the person is
suffering from an infectious or contagious disease for which the
person is not entitled to protection under the federal Americans
with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.).
SECTION 3.20. Chapter 1603, Occupations Code, is amended by
adding Subchapters E-1, E-2, and E-3 to read as follows:
SUBCHAPTER E-1. INDIVIDUAL PRACTITIONER LICENSES; STUDENT PERMIT;
PRACTICE
Sec. 1603.2101. LICENSE OR PERMIT REQUIRED; USE OF CERTAIN
TERMS WITHOUT LICENSE PROHIBITED. (a) A person may not perform or
offer or attempt to perform any act of barbering or cosmetology
unless the person holds a license or permit issued under this
subchapter to perform that act.
(b) Unless the person holds an appropriate license issued
under this subchapter, a person may not directly or indirectly use
or cause to be used as a professional or business identification,
title, name, representation, asset, or means of advantage or
benefit:
(1) the term "barber" or "barbering";
(2) the term "cosmetologist" or "cosmetology"; or
(3) any combination, variation, or abbreviation of the
terms listed in Subdivisions (1) and (2).
Sec. 1603.2102. ISSUANCE OF LICENSE. The department shall
issue a license to an applicant who:
(1) meets the applicable eligibility requirements;
(2) passes the applicable examination;
(3) pays the required fee;
(4) has not committed an act that constitutes a ground
for denial of the license; and
(5) submits an application on a form prescribed by the
department.
Sec. 1603.2103. INDIVIDUAL PRACTITIONER LICENSES. (a) A
person holding:
(1) a Class A barber license may perform any barbering
service;
(2) a cosmetology operator license may perform any
cosmetology service;
(3) a manicurist license may perform any service
described by Section 1603.0012(a)(7) or (8);
(4) an esthetician license may perform any service
described by Section 1603.0012(a)(3), (4), (5), (6), or (9);
(5) a manicurist/esthetician license may perform any
service described by Section 1603.0012(a)(3), (4), (5), (6), (7),
(8), or (9);
(6) a hair weaving specialist license may perform any
service described by Section 1603.0012(a)(10);
(7) a hair weaving specialist/esthetician license may
perform any service described by Section 1603.0012(a)(3), (4), (5),
(6), (9), or (10); and
(8) an eyelash extension specialist license may
perform any service described by Section 1603.0012(a)(9).
(b) The commission by rule shall provide for the issuance
of:
(1) a Class A barber license to a person who holds a
cosmetology operator license; and
(2) a cosmetology operator license to a person who
holds a Class A barber license.
Sec. 1603.2104. WAIVER OF CERTAIN LICENSE REQUIREMENTS.
(a) The department shall issue a license to an applicant for a
Class A barber license described by Section 1603.2103(a)(1), a
cosmetology operator license described by Section
1603.2103(a)(2), an esthetician license described by Section
1603.2103(a)(4), a hair weaving specialist license described by
Section 1603.2103(a)(6), or a hair weaving specialist/esthetician
license described by Section 1603.2103(a)(7) if the applicant:
(1) submits an application on a form prescribed by the
department;
(2) pays the application fee; and
(3) provides proof that the applicant holds a current
license to engage in the same or a similar activity issued by
another jurisdiction that has license requirements substantially
equivalent to those of this state.
(b) The department may waive any requirement for a license
issued under this subchapter, other than a license listed in
Subsection (a), for an applicant holding a license from another
state or country that has license requirements substantially
equivalent to those of this state.
(c) The department may not require a personal interview as
part of the application process under this section.
(d) A license issued under this section may be renewed as
provided by Subchapter G.
Sec. 1603.2105. STUDENT PERMIT. (a) A student enrolled in
a school licensed under Subchapter E-3 must hold a permit stating
the student's name and the name of the school.
(b) The department shall issue a student permit to an
applicant who submits an application to the department for a
student permit accompanied by the required fee.
(c) A separate application is required for each enrollment,
reenrollment, or transfer enrollment. The application fee applies
only to the first enrollment. The department may not charge the
application fee for any later enrollment, reenrollment, or transfer
enrollment.
Sec. 1603.2106. TRANSFER OF LICENSE OR PERMIT PROHIBITED.
A license or permit issued under this subchapter is not
transferable.
Sec. 1603.2107. DISPLAY OF LICENSE OR PERMIT. (a) The
holder of a license issued under this subchapter shall display the
original license and an attached photograph of the license holder
in a conspicuous place near the license holder's work chair in the
establishment in which the holder is working.
(b) The holder of a student permit issued under this
subchapter shall display the permit in a reasonable manner at the
school in which the permit holder is enrolled.
Sec. 1603.2108. LOCATION OF PRACTICE. A person holding a
license or permit issued under this subchapter may practice
barbering or cosmetology only at a licensed establishment or
school.
Sec. 1603.2109. SERVICE AT UNLICENSED LOCATION. (a) In
this section, "licensed facility" means:
(1) an establishment licensed under Subchapter E-2; or
(2) a school licensed under Subchapter E-3.
(b) A person holding a license or permit under this
subchapter may perform a service within the scope of the license or
permit at a location other than a licensed facility for a client:
(1) who, because of illness or physical or mental
incapacitation, is unable to receive the service at a licensed
facility; or
(2) in preparation for and at the location of a special
event, including a wedding.
(c) An appointment for a service performed under this
section must be made through a licensed facility.
SUBCHAPTER E-2. ESTABLISHMENT LICENSES; OPERATION
Sec. 1603.2201. LICENSE REQUIRED. (a) A person may not
own, operate, or manage an establishment in which an act of
barbering or cosmetology is practiced unless the person holds a
license issued under this subchapter to operate the establishment.
(b) A person may not lease space on the premises of a
licensed establishment to engage in the practice of barbering or
cosmetology as an independent contractor unless the person holds a
license issued under Subchapter E-1.
Sec. 1603.2202. ISSUANCE OF LICENSE. The department shall
issue the applicable establishment license under this subchapter to
an applicant if:
(1) the applicant:
(A) owns the establishment;
(B) verifies the application;
(C) complies with the application requirements
of this chapter;
(D) pays the required inspection and license
fees; and
(E) has not committed an act that constitutes a
ground for denial of a license; and
(2) the establishment:
(A) meets the commission's minimum health
standards for an establishment; and
(B) complies with all commission rules.
Sec. 1603.2203. ESTABLISHMENT LICENSES. (a) An
establishment licensed as:
(1) an establishment may provide any barbering or
cosmetology service;
(2) a manicurist specialty establishment may provide
any service described by Section 1603.0012(a)(7) or (8);
(3) an esthetician specialty establishment may
provide any service described by Section 1603.0012(a)(3), (4), (5),
(6), or (9);
(4) a manicurist/esthetician specialty establishment
may provide any service described by Section 1603.0012(a)(3), (4),
(5), (6), (7), (8), or (9);
(5) a hair weaving specialty establishment may provide
any service described by Section 1603.0012(a)(10);
(6) an eyelash extension specialty establishment may
provide any service described by Section 1603.0012(a)(9);
(7) a mini-establishment may provide any barbering or
cosmetology service; and
(8) a mobile establishment may provide any barbering
or cosmetology service.
(b) In this section:
(1) "Mini-establishment" includes a room or suite of
rooms that is one of a number of connected establishments in a
single premises that open onto a common hallway or another
configuration of operations as determined by commission rule in
which a person practices under a license issued under Subchapter
E-1.
(2) "Mobile establishment" means a facility that is
readily movable and where barbering, cosmetology, or both are
practiced other than at a fixed location.
Sec. 1603.2204. TRANSFER OF LICENSE PROHIBITED. A license
issued under this subchapter is not transferable.
Sec. 1603.2205. USE OF ESTABLISHMENT AS SLEEPING QUARTERS
PROHIBITED. (a) An owner or manager of a licensed establishment
may not permit a person to sleep in a room used as part of the
establishment.
(b) A person may not perform an act for which a license is
required in a room in an establishment that is used as sleeping
quarters.
SUBCHAPTER E-3. SCHOOL LICENSES; OPERATION
Sec. 1603.2301. LICENSE REQUIRED. A person may not operate
a school for instruction in the practice of barbering or
cosmetology unless the person holds a license issued under this
subchapter to operate the school.
Sec. 1603.2302. ISSUANCE OF LICENSE. The department shall
issue a license under this subchapter to an applicant who:
(1) submits an application on a form prescribed by the
department;
(2) pays the required fee;
(3) provides to the department adequate proof of
financial responsibility; and
(4) satisfies any other requirements of this chapter
or commission rule.
Sec. 1603.2303. SCHOOL LICENSES. The holder of a public
secondary school license, private postsecondary school license, or
public postsecondary school license may provide instruction in the
barbering or cosmetology services for which the license holder has
been approved by the department.
Sec. 1603.2304. CHANGE OF SCHOOL OWNERSHIP OR LOCATION.
(a) If a licensed school changes ownership, the outgoing owner
shall notify the department of the change not later than the 10th
day before the date the change takes effect.
(b) A licensed school under this subchapter may not change
the location of the school unless the school obtains approval from
the department before the change by showing that the proposed
location meets the requirements of this chapter and commission
rules.
Sec. 1603.2305. SIGNS REQUIRED. The holder of a school
license shall:
(1) place a sign on the front outside portion of the
school's building in a prominent place that reads in at least
10-inch block letters: "SCHOOL--STUDENT PRACTITIONERS"; and
(2) prominently display printed signs containing the
information required by Subdivision (1) on each inside wall of the
school.
Sec. 1603.2306. INFORMATION PROVIDED TO PROSPECTIVE
STUDENT. The holder of a school license shall provide to each
prospective student:
(1) a course outline;
(2) a schedule of the tuition and other fees assessed;
(3) the school's refund policy required under Section
1603.3602;
(4) the school's grading policy and rules relating to
incomplete grades;
(5) the school's rules of operation and conduct,
including rules relating to absences;
(6) the department's name, mailing address, and
telephone number for the purpose of directing complaints to the
department; and
(7) the current job placement rates and employment
rates of students who complete a course of instruction.
Sec. 1603.2307. COURSE LENGTH AND CURRICULUM CONTENT. (a)
A licensed school shall design course length and curriculum content
to reasonably ensure that a student develops the job skills and
knowledge necessary for employment.
(b) A licensed school must submit to the commission for
approval the course length and curriculum content for each course
offered by the school. The school may not implement a course length
and curriculum content without the approval of the commission.
(c) Before issuing or renewing a license under this
subchapter, the department must require the school to account for
each course length and curriculum content.
Sec. 1603.2308. REQUIRED COURSES. (a) A licensed school
shall instruct students in the theory and practice of subjects
necessary and beneficial to the practice of barbering and
cosmetology.
(b) The commission by rule shall establish the subjects in
which students shall receive instruction.
Sec. 1603.2309. DAILY ATTENDANCE RECORDS. (a) A licensed
school shall maintain an attendance book showing a record of the
students' daily attendance.
(b) The department may inspect a school's attendance record
book at any time.
Sec. 1603.2310. INSTRUCTOR-TO-STUDENT RATIO. A licensed
school must have at least one instructor for every 25 students on
the school's premises.
Sec. 1603.2311. REPORTS TO DEPARTMENT. (a) A licensed
school shall maintain a monthly progress report regarding each
student attending the school. The report must certify the daily
attendance record of each student and the number of credit hours
earned by each student during the previous month.
(b) On a student's completion of a prescribed course of
instruction, the school shall notify the department that the
student has completed the required number of hours and is eligible
to take the appropriate examination.
(c) The holder of a school license shall provide to the
department:
(1) the current course completion rates of students
who attend a course of instruction offered by the school; and
(2) job placement rates and employment rates of
students who complete a course of instruction.
Sec. 1603.2312. ADDITIONAL DUTIES OF LICENSE HOLDER. (a)
The holder of a school license shall:
(1) establish regular class and instruction hours and
grades;
(2) hold examinations before issuing diplomas; and
(3) maintain a copy of the school's curriculum in a
conspicuous place and verify that the curriculum is being followed.
(b) The holder of a school license may not require a student
to work, be instructed, or earn credit for more than 48 hours in a
calendar week.
Sec. 1603.2313. TRANSFER OF HOURS OF INSTRUCTION. (a) A
student at a licensed school may transfer completed hours of
instruction to another licensed school in this state.
(b) In order for the hours of instruction to be transferred,
a transcript showing the completed courses and number of hours
certified by the school in which the instruction was given must be
submitted to the executive director.
(c) In evaluating a student's transcript, the executive
director shall determine whether the agreed tuition has been paid.
If the tuition has not been paid, the executive director shall
notify the student that the student's transcript cannot be
certified to the school to which the student seeks a transfer until
proof is provided that the tuition has been paid.
(d) On evaluation and approval, the executive director
shall certify in writing to the student and to the school to which
the student seeks a transfer that:
(1) the stated courses and hours have been
successfully completed; and
(2) the student is not required to repeat the hours of
instruction.
(e) If a school's license has been expired for more than 30
days, a student of that school may not transfer hours of instruction
the student completed at that school.
Sec. 1603.2314. IDENTIFICATION OF AND WORK PERFORMED BY
STUDENT. (a) Each licensed school shall maintain in a conspicuous
place a list of the names and identifying pictures of the students
who are enrolled in the school's courses.
(b) A school may not receive compensation for work done by a
student unless the student has completed 10 percent of the required
number of hours for a license under Subchapter E-1.
(c) If a school violates this section, the license of the
school may be revoked or suspended.
SECTION 3.21. Section 1603.252(b), Occupations Code, is
amended to read as follows:
(b) The executive director shall determine uniform
standards for acceptable performance on an examination for a
license under Subchapter E-1 [or certificate under Chapter 1601 and
for a license or certificate under Chapter 1602].
SECTION 3.22. Sections 1603.253 and 1603.255, Occupations
Code, are amended to read as follows:
Sec. 1603.253. WRITTEN EXAMINATION. The commission shall
select an examination for each written examination required under
this chapter[, Chapter 1601, or Chapter 1602]. The written
examination must be:
(1) validated by an independent testing professional;
or
(2) purchased from a national testing service.
Sec. 1603.255. EARLY EXAMINATION. The commission by rule
[department] may allow for the early written examination of a
student [who has completed the following number of hours of
instruction in a department-approved training program:
[(1) 1,000 hours for a student seeking a Class A barber
certificate in a private barber school;
[(2) 900 hours for a student seeking an operator
license in a private cosmetology school; or
[(3) 900 hours for a student seeking a Class A barber
certificate or operator license in a publicly funded barber or
cosmetology school].
SECTION 3.23. Sections 1603.256(a) and (c), Occupations
Code, are amended to read as follows:
(a) The commission may require a practical examination as it
considers necessary for a license [or certificate] issued under
Subchapter E-1 [Chapter 1601 or 1602].
(c) The following persons may administer a practical
examination [required under this subchapter]:
(1) the department;
(2) a person with whom the department contracts under
Section 1603.252;
(3) a licensed [barber] school[, private beauty
culture school, or a public secondary or postsecondary beauty
culture school] that is approved by the department to administer
the examination under Section 1603.252; or
(4) the Windham School District.
SECTION 3.24. Subchapter G, Chapter 1603, Occupations Code,
is amended to read as follows:
SUBCHAPTER G. [CERTIFICATE,] LICENSE[, AND PERMIT] RENEWAL
Sec. 1603.3001. LICENSE TERMS. (a) Except as provided by
Subsection (b), a license other than a temporary license expires on
the second anniversary of the date the license is issued.
(b) A school license expires on the first anniversary of the
date the license is issued.
Sec. 1603.3002. RENEWAL RULES. (a) The commission by rule
may establish requirements for the renewal of a license issued
under this chapter, including continuing education requirements.
(b) The commission may establish separate requirements for:
(1) the initial renewal of a license; and
(2) subsequent renewals of a license.
(c) Before establishing continuing education requirements
under this section, the commission must consider the potential
impact of continuing education with respect to:
(1) identifying and assisting trafficked persons; and
(2) providing license holders with opportunities to
acquire new skills.
Sec. 1603.3003. ISSUANCE OF RENEWAL LICENSE. The
department shall issue a renewal license on receipt of:
(1) a renewal application in the form prescribed by
the department; and
(2) a renewal fee in an amount equal to the original
license fee.
Sec. 1603.3004. RENEWAL WHILE IN ARMED FORCES. (a) The
department may not require the holder of a Class A barber license
described by Section 1603.2103(1), a cosmetology operator license
described by Section 1603.2103(2), a manicurist license described
by Section 1603.2103(3), an esthetician license described by
Section 1603.2103(4), or a manicurist/esthetician license
described by Section 1603.2103(5) who is serving on active duty in
the United States armed forces to renew the person's license.
(b) The department shall issue a renewal license on
application and payment of the required renewal fee not later than
the 90th day after the date the person is released or discharged
from active duty in the United States armed forces.
Sec. 1603.301. DENIAL OF RENEWAL DUE TO ADMINISTRATIVE
PENALTY. The department may deny a person's request to renew a
[certificate,] license[, or permit] issued under this chapter[,
Chapter 1601, or Chapter 1602] if the person has not paid an
administrative penalty imposed under Subchapter F, Chapter
51. This section does not apply if:
(1) the person's time to pay or request a hearing has
not expired under Section 51.304;
(2) the person has requested a hearing under Section
51.304, but the person's time to pay has not expired under Section
51.307; or
(3) the penalty is stayed.
SECTION 3.25. The heading to Subchapter H, Chapter 1603,
Occupations Code, is amended to read as follows:
SUBCHAPTER H. PRACTICE PROVISIONS APPLICABLE TO MORE THAN ONE
LICENSE TYPE [CHAPTERS 1601 AND 1602]
SECTION 3.26. Section 1603.351, Occupations Code, is
amended to read as follows:
Sec. 1603.351. MINIMUM CURRICULUM FOR SCHOOLS; DISTANCE
EDUCATION. (a) The commission shall prescribe the minimum
curriculum, including the subjects and the number of hours in each
subject, taught by a licensed school [licensed under this chapter,
Chapter 1601, or Chapter 1602].
(a-1) Notwithstanding any other law, the commission may
adopt rules to:
(1) authorize a licensed school [licensed under this
chapter, Chapter 1601, or Chapter 1602] to account for any hours of
instruction completed under this chapter [those chapters] on the
basis of clock hours or credit hours; and
(2) establish standards for determining the
equivalency and conversion of clock hours to credit hours and
credit hours to clock hours.
(b) The commission may adopt rules allowing distance
education only for the theory portion of the curriculum taught by a
licensed school [licensed under this chapter, Chapter 1601, or
Chapter 1602].
(c) Distance education does not satisfy the requirements of
the practical portion of the curriculum taught by a licensed school
[licensed under this chapter, Chapter 1601, or Chapter 1602].
SECTION 3.27. Sections 1603.352(a) and (b), Occupations
Code, are amended to read as follows:
(a) A person who holds a license[, certificate,] or permit
issued under this chapter[, Chapter 1601, or Chapter 1602] and who
performs a [barbering service described by Section 1601.002(1)(E)
or (F) or a cosmetology] service described by Section
1603.0012(a)(7) or (8) [1602.002(a)(8) or (9)] shall, before
performing the service, clean, disinfect, and sterilize with an
autoclave or dry heat sterilizer or sanitize with an ultraviolet
sanitizer, in accordance with the sterilizer or sanitizer
manufacturer's instructions, each metal instrument, including
metal nail clippers, cuticle pushers, cuticle nippers, and other
metal instruments, used to perform the service.
(b) The owner or manager of a licensed establishment or
[barber shop, barber] school[, beauty shop, specialty shop, beauty
culture school, or other facility licensed under this chapter,
Chapter 1601, or Chapter 1602,] is responsible for providing an
autoclave, a dry heat sterilizer, or an ultraviolet sanitizer for
use in the establishment [shop] or school as required by Subsection
(a).
SECTION 3.28. Subchapter H, Chapter 1603, Occupations Code,
is amended by adding Sections 1603.353, 1603.354, 1603.355,
1603.356, 1603.357, and 1603.358 to read as follows:
Sec. 1603.353. EMPLOYMENT OF LICENSE HOLDER. (a) A
licensed school may not employ a person holding a license issued
under Subchapter E-1 solely to perform the practices of barbering
or cosmetology for which the person is licensed.
(b) A person holding a license for an establishment may not
employ or lease to a person to practice barbering or cosmetology at
the establishment unless the person holds a license issued under
Subchapter E-1.
Sec. 1603.354. NECESSARY EQUIPMENT. The owner, operator,
or manager of a licensed establishment or school shall equip the
establishment or school with the facilities, supplies, appliances,
furnishings, and materials necessary to enable a person employed on
the premises to comply with this chapter.
Sec. 1603.355. DISPLAY OF LICENSE. A licensed school or
establishment shall display the license in a conspicuous place in
the school or establishment for which the license is issued.
Sec. 1603.356. DISPLAY OF HUMAN TRAFFICKING INFORMATION.
(a) A licensed school or establishment shall display a sign
approved by or acceptable to the commission or the department
concerning services and assistance available to victims of human
trafficking.
(b) The sign required by this section must:
(1) be in English, Spanish, and Vietnamese; and
(2) include a toll-free telephone number of a
nationally recognized information and referral hotline for victims
of human trafficking.
(c) The commission by rule shall establish requirements
regarding the posting of signs under this section.
Sec. 1603.357. DISPLAY OF SANITATION RULES. A licensed
school or establishment shall display a copy of the commission's
sanitation rules.
Sec. 1603.358. OPERATION OF ESTABLISHMENT AND SCHOOL ON
SINGLE PREMISES. A person may not operate an establishment or
school on the same premises as another one of those facilities
unless the facilities are separated by walls of permanent
construction without an opening between the facilities.
SECTION 3.29. Chapter 1603, Occupations Code, is amended by
adding Subchapter H-1 to read as follows:
SUBCHAPTER H-1. FINANCIAL PROVISIONS APPLICABLE TO PRIVATE
POSTSECONDARY SCHOOLS
Sec. 1603.3601. CANCELLATION AND SETTLEMENT POLICY. The
holder of a private postsecondary school license shall maintain a
cancellation and settlement policy that provides a full refund of
money paid by a student if the student:
(1) cancels the enrollment agreement or contract not
later than midnight of the third day after the date the agreement or
contract is signed by the student, excluding Saturdays, Sundays,
and legal holidays; or
(2) entered into the enrollment agreement or contract
because of a misrepresentation made:
(A) in the advertising or promotional materials
of the school; or
(B) by an owner or representative of the school.
Sec. 1603.3602. REFUND POLICY. (a) The holder of a private
postsecondary school license shall maintain a refund policy to
provide for the refund of any unused parts of tuition, fees, and
other charges paid by a student who, at the expiration of the
cancellation period established under Section 1603.3601:
(1) fails to enter the course of training;
(2) withdraws from the course of training; or
(3) is terminated from the course of training before
completion of the course.
(b) The refund policy must provide that:
(1) the refund is based on the period of the student's
enrollment, computed on the basis of course time expressed in
scheduled hours, as specified by an enrollment agreement, contract,
or other document acceptable to the department;
(2) the effective date of the termination for refund
purposes is the earliest of:
(A) the last date of attendance, if the student
is terminated by the school;
(B) the date the license holder receives the
student's written notice of withdrawal; or
(C) 10 school days after the last date of
attendance; and
(3) the school may retain not more than $100 if:
(A) tuition is collected before the course of
training begins; and
(B) the student fails to withdraw from the course
of training before the cancellation period expires.
Sec. 1603.3603. WITHDRAWAL OR TERMINATION OF STUDENT. (a)
If a student at a private postsecondary school begins a course of
training that is scheduled to run not more than 12 months and,
during the last 50 percent of the course, withdraws from the course
or is terminated by the school, the school:
(1) may retain 100 percent of the tuition and fees paid
by the student; and
(2) is not obligated to refund any additional
outstanding tuition.
(b) If a student at a private postsecondary school begins a
course of training that is scheduled to run not more than 12 months
and, before the last 50 percent of the course, withdraws from the
course or is terminated by the school, the school shall refund:
(1) 90 percent of any outstanding tuition for a
withdrawal or termination that occurs during the first week or
first 10 percent of the course, whichever period is shorter;
(2) 80 percent of any outstanding tuition for a
withdrawal or termination that occurs after the first week or first
10 percent of the course, whichever period is shorter, but within
the first three weeks of the course;
(3) 75 percent of any outstanding tuition for a
withdrawal or termination that occurs after the first three weeks
of the course but not later than the completion of the first 25
percent of the course; and
(4) 50 percent of any outstanding tuition for a
withdrawal or termination that occurs not later than the completion
of the first 50 percent of the course.
(c) A refund owed under this section must be paid not later
than the 30th day after the date the student becomes eligible for
the refund.
Sec. 1603.3604. INTEREST ON REFUND. (a) If tuition is not
refunded within the period required by Section 1603.3603, the
private postsecondary school shall pay interest on the amount of
the refund for the period beginning the first day after the date the
refund period expires and ending the day preceding the date the
refund is made.
(b) If tuition is refunded to a lending institution, the
interest shall be paid to that institution and applied against the
student's loan.
(c) The commissioner of education shall annually set the
interest rate at a rate sufficient to deter a school from retaining
money paid by a student.
(d) The department may exempt a school from the payment of
interest if the school makes a good faith effort to refund the
tuition but is unable to locate the student. The school shall
provide to the department on request documentation of the effort to
locate the student.
Sec. 1603.3605. REENTRY OF STUDENT AFTER WITHDRAWAL. If a
student voluntarily withdraws or is terminated after completing 50
percent of the course at a private postsecondary school, the school
shall allow the student to reenter at any time during the 48-month
period following the date of withdrawal or termination.
Sec. 1603.3606. EFFECT OF STUDENT WITHDRAWAL. (a) A
private postsecondary school shall record a grade of incomplete for
a student who withdraws but is not entitled to a refund under
Section 1603.3603 if the student:
(1) requests the grade at the time the student
withdraws; and
(2) withdraws for an appropriate reason unrelated to
the student's academic status.
(b) A student who receives a grade of incomplete may
reenroll in the program during the 48-month period following the
date the student withdraws and complete the subjects without
payment of additional tuition.
Sec. 1603.3607. EFFECT OF PRIVATE POSTSECONDARY SCHOOL
CLOSURE. (a) If a private postsecondary school closes, the
department shall attempt to arrange for students enrolled in the
closed school to attend another private postsecondary school.
(b) If a student from a closed school is placed in another
private postsecondary school, the expense incurred by the school in
providing training directly related to educating the student,
including the applicable tuition for the period for which the
student paid tuition, shall be paid from the barbering and
cosmetology school tuition protection account.
(c) If a student from a closed private postsecondary school
cannot be placed in another private postsecondary school, the
student's tuition and fees shall be refunded as provided by Section
1603.3602. If a student from a closed private postsecondary school
does not accept a place that is available and reasonable in another
private postsecondary school, the student's tuition and fees shall
be refunded as provided by Section 1603.3603. A refund under this
subsection shall be paid from the barbering and cosmetology school
tuition protection account. The amount of the refund may not exceed
$35,000.
(d) If another private postsecondary school assumes
responsibility for the closed school's students and there are no
significant changes in the quality of the training, the student
from the closed school is not entitled to a refund under Subsection
(c).
Sec. 1603.3608. BARBERING AND COSMETOLOGY SCHOOL TUITION
PROTECTION ACCOUNT. (a) If on January 1 of any year the amount in
the barbering and cosmetology school tuition protection account is
less than $225,000, the department shall collect a fee from each
private postsecondary school during that year by applying a
percentage to the school's renewal fee at a rate that will bring the
balance of the account to $225,000.
(b) The department shall administer claims made against the
account.
(c) The comptroller shall invest the account in the same
manner as other state funds.
(d) Sufficient money from the account shall be appropriated
to the department for the purpose described by Section 1603.3607.
(e) Attorney's fees, court costs, or damages may not be paid
from the account.
Sec. 1603.3609. RULES. The commission by rule may:
(1) adjust any tuition reimbursement limit
established under this subchapter; and
(2) adopt procedures regarding the collection of fees
from private postsecondary schools under Section 1603.3608.
SECTION 3.30. Section 1603.401, Occupations Code, is
amended to read as follows:
Sec. 1603.401. DENIAL, SUSPENSION, OR REVOCATION. The
department shall deny an application for issuance or renewal of, or
shall suspend or revoke, a [certificate,] license[,] or permit if
the applicant or person holding the [certificate,] license[,] or
permit:
(1) engages in gross malpractice;
(2) knowingly continues to practice while having an
infectious or contagious disease;
(3) knowingly makes a false or deceptive statement in
advertising;
(4) advertises, practices, or attempts to practice
under another person's name or trade name;
(5) engages in fraud or deceit in obtaining a
[certificate,] license[,] or permit; or
(6) engages in an act that violates this chapter[,
Chapter 51, Chapter 1601, or Chapter 1602] or a rule or order
adopted or issued under this chapter [those chapters].
SECTION 3.31. The heading to Subchapter J, Chapter 1603,
Occupations Code, is amended to read as follows:
SUBCHAPTER J. OTHER [PENALTIES AND] ENFORCEMENT PROVISIONS
SECTION 3.32. Sections 1603.453 and 1603.454, Occupations
Code, are amended to read as follows:
Sec. 1603.453. APPEAL BOND NOT REQUIRED. The department is
not required to give an appeal bond in a cause arising under this
chapter[, Chapter 1601, or Chapter 1602].
Sec. 1603.454. ENFORCEMENT BY ATTORNEY GENERAL. The
attorney general shall represent the department in an action to
enforce this chapter[, Chapter 1601, or Chapter 1602].
SECTION 3.33. The following provisions of the Occupations
Code are repealed:
(1) Chapters 1601 and 1602;
(2) Sections 1603.104(b), (c), and (c-1);
(3) Section 1603.205;
(4) Section 1603.206;
(5) Section 1603.207;
(6) Section 1603.254;
(7) Section 1603.451;
(8) Section 1603.452;
(9) Section 1603.455; and
(10) Section 1603.456.
SECTION 3.34. (a) To ensure that licensed schools offering
instruction in barbering and cosmetology maintain accreditation
and that students of those schools continue to qualify for federal
aid, the Texas Commission of Licensing and Regulation shall, as
soon as practicable after the effective date of this Act, adopt any
rules necessary for the orderly implementation of the changes in
law made by this article to the licensing system and curricula
requirements and standards for schools offering instruction in
barbering and cosmetology.
(b) Not later than September 1, 2022:
(1) the Texas Commission of Licensing and Regulation
shall adopt any additional rules necessary to implement the changes
in law made by this article; and
(2) the Texas Department of Licensing and Regulation
shall begin to issue licenses and permits under Subchapters E-1,
E-2, and E-3, Chapter 1603, Occupations Code, as added by this
article.
SECTION 3.35. Notwithstanding the repeal by this article of
Chapters 1601 and 1602, and Sections 1603.205, 1603.206, and
1603.207, Occupations Code, the Texas Department of Licensing and
Regulation may continue to issue until September 1, 2022, a
certificate, license, or permit under those provisions as they
existed immediately before the effective date of this Act, and
those provisions are continued in effect for that purpose.
SECTION 3.36. Notwithstanding the repeal by this article of
Chapters 1601 and 1602, Occupations Code, until the Texas
Commission of Licensing and Regulation adopts rules regarding
written and practical examination requirements for the issuance of
licenses under Chapter 1603, Occupations Code, as amended by this
article, the Texas Department of Licensing and Regulation shall
continue to operate under the requirements regarding written and
practical examinations in former Chapters 1601 and 1602,
Occupations Code, as those chapters were in effect immediately
before the effective date of this Act, and those provisions are
continued in effect for that purpose.
SECTION 3.37. (a) A certificate, license, or permit issued
under former Chapter 1601 or 1602, Occupations Code, or under
former Section 1603.205, 1603.206, or 1603.207, Occupations Code,
before the effective date of this Act, continues to be valid until
the certificate, license, or permit expires, and those chapters and
sections are continued in effect for that purpose.
(b) A person who on the effective date of this Act holds a
certificate, license, or permit issued under former Chapter 1601 or
1602, Occupations Code, or under former Section 1603.205, 1603.206,
or 1603.207, Occupations Code, is entitled on expiration of that
certificate, license, or permit to issuance of a comparable license
or permit under the applicable provision of Chapter 1603,
Occupations Code, as amended by this article, if the person
otherwise meets the requirements for the license or permit.
SECTION 3.38. Notwithstanding any other law, on the
effective date of this Act, a person holding a permit under former
Subchapter G, Chapter 1601, Occupations Code, a facility license
under former Subchapter G, Chapter 1602, Occupations Code, or a
license or permit under former Section 1603.205, 1603.206, or
1603.207, Occupations Code, before the effective date of this Act
may employ or contract with any qualified individual practitioner
holding a certificate, license, or permit issued under Chapter 1601
or 1602, Occupations Code, before the effective date of this Act,
without regard to the chapter under which the practitioner was
issued the certificate, license, or permit.
SECTION 3.39. Notwithstanding any other law, on the
effective date of this Act, the holder of a license issued under
former Section 1601.256, 1601.262, or 1601.263, Occupations Code,
before the effective date of this Act may perform the services
described by Sections 1603.0012(a)(6) and (9), Occupations Code, as
added by this Act.
SECTION 3.40. (a) On the effective date of this Act, the
Advisory Board on Barbering and the Advisory Board on Cosmetology
are abolished.
(b) Not later than December 1, 2021, the presiding officer
of the Texas Commission of Licensing and Regulation shall appoint
members to the Barbering and Cosmetology Advisory Board in
accordance with Section 1603.051, Occupations Code, as amended by
this article.
(c) Notwithstanding Section 1603.053, Occupations Code, as
added by this article, in making the initial appointments to the
Barbering and Cosmetology Advisory Board, the presiding officer of
the Texas Commission of Licensing and Regulation shall designate
three members of the advisory board to serve terms expiring January
31, 2023, three members to serve terms expiring January 31, 2025,
and three members to serve terms expiring January 31, 2027.
SECTION 3.41. As soon as practicable after the effective
date of this Act, the comptroller of public accounts shall transfer
to the barbering and cosmetology school tuition protection account
the unexpended and unencumbered balance of the barber school
tuition protection account and the unexpended and unencumbered
balance of the private beauty culture school tuition protection
account.
SECTION 3.42. (a) 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 on the effective date of this Act. A
disciplinary action that is pending on the effective date of this
Act is governed by the law in effect immediately before the
effective date of this Act, and the former law is continued in
effect for that purpose.
(b) The repeal of a law by this article does not entitle a
person to a refund of a certificate, license, or permit fee paid by the person before the effective date of this Act.
ARTICLE 4. DRIVER TRAINING
SECTION 4.01. Section 1001.001, Education Code, is amended
by adding Subdivisions (2-a), (6-a), (6-b), (14-b), (14-c), and
(14-d) and amending Subdivisions (8), (9), (13), and (14-a) to read
as follows:
(2-a) "Classroom instruction" includes instruction
provided in a traditional classroom setting or another in-person
setting or in an online setting.
(6-a) "Driver education instructor" means an
individual who holds a license to teach or provide driver education
issued under Section 1001.251.
(6-b) "Driver education provider" means an in-person
driver education provider, an online driver education provider, or
a parent-taught driver education provider.
(8) "Driver training" means:
(A) driver education provided by a driver
education provider [school]; or
(B) driving safety training provided by a driving
safety provider [school].
(9) "Driver training provider [school]" means a driver
education provider [school] or driving safety provider [school].
(13) "Driving safety provider" means a business that
provides a driving safety course [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 in
driving safety].
(14-a) "In-person driver education provider" means a
business that provides driver education courses in person,
including behind-the-wheel training, observation hours, and driver
license examinations.
(14-b) "National criminal history record information"
has the meaning assigned by Section 22.081.
(14-c) "Online driver education provider" means a
business that provides driver education courses to students
remotely through the Internet.
(14-d) "Parent-taught driver education provider"
means a business that provides driver education course materials
through physical means or remotely through the Internet to persons
who conduct parent-taught driver education under Section 1001.112.
SECTION 4.02. Section 1001.002(c), Education Code, is
amended to read as follows:
(c) A driver education course is exempt from this chapter,
other than Section 1001.055, if the course is:
(1) conducted by a vocational driver training provider
that exclusively trains [school operated to train] or prepares
[prepare] a person for a field of endeavor in a business, trade,
technical, or industrial occupation;
(2) conducted by a school or training program that
offers only instruction of purely avocational or recreational
subjects as determined by the department;
(3) sponsored by an employer to train its own
employees without charging tuition;
(4) sponsored by a recognized trade, business, or
professional organization with a closed membership to instruct the
members of the organization; or
(5) conducted by a school regulated and approved under
another law of this state.
SECTION 4.03. Section 1001.003, Education Code, is amended
to read as follows:
Sec. 1001.003. LEGISLATIVE INTENT REGARDING SMALL
BUSINESSES. It is the intent of the legislature that commission
rules that affect driver training providers [schools] that qualify
as small businesses be adopted and administered so as to have the
least possible adverse economic effect on the providers [schools].
SECTION 4.04. Section 1001.004(b), Education Code, is
amended to read as follows:
(b) The department may charge a fee to each driver education
provider [school] in an amount not to exceed the actual expense
incurred in the regulation of driver education courses established
under Section 1001.1015.
SECTION 4.05. Section 1001.051, Education Code, is amended
to read as follows:
Sec. 1001.051. JURISDICTION OVER PROVIDERS [SCHOOLS]. The
department has jurisdiction over and control of driver training
providers [schools] regulated under this chapter.
SECTION 4.06. Sections 1001.053(a) and (b), Education Code,
are amended to read as follows:
(a) The department and executive director, as appropriate,
shall:
(1) administer this chapter;
(2) enforce minimum standards for driver training
providers [schools] under this chapter;
(3) enforce rules adopted by the commission that are
necessary to administer this chapter; and
(4) inspect a driver training provider [school or
course provider] and reinspect the [school or course] provider for
compliance with this chapter.
(b) The executive director may designate a person
knowledgeable in the administration of regulating driver training
providers [schools] to administer this chapter.
SECTION 4.07. Section 1001.054, Education Code, is amended
to read as follows:
Sec. 1001.054. RULES RESTRICTING ADVERTISING. [(c)] The
commission by rule may restrict advertising by a branch location of
an in-person [a] driver education provider [training school] so
that the location adequately identifies the primary location of the
provider [school] in a solicitation.
SECTION 4.08. Sections 1001.055(a), (a-1), and (a-2),
Education Code, are amended to read as follows:
(a) The department shall provide to each licensed or exempt
driver education [school and to each parent-taught course] provider
[approved under this chapter] driver education certificates or
certificate numbers to enable the [school or approved parent-taught
course] provider to issue department-approved driver education
certificates to certify completion of an approved driver education
course and satisfy the requirements of Sections 521.204(a)(2),
Transportation Code, 521.1601, Transportation Code, as added by
Chapter 1253 (H.B. 339), Acts of the 81st Legislature, Regular
Session, 2009, and 521.1601, Transportation Code, as added by
Chapter 1413 (S.B. 1317), Acts of the 81st Legislature, Regular
Session, 2009.
(a-1) A certificate issued by a driver education [school or
parent-taught course] provider licensed [approved] under this
chapter must:
(1) be in a form required by the department; and
(2) include an identifying certificate number
provided by the department that may be used to verify the
authenticity of the certificate with the [driver education school
or approved parent-taught course] provider.
(a-2) A driver education [school or parent-taught course]
provider licensed [approved] under this chapter that purchases
driver education certificate numbers shall issue original and
duplicate certificates in a manner that, to the greatest extent
possible, prevents the unauthorized production or the misuse of the
certificates. The [driver education school or approved
parent-taught course] provider shall electronically submit to the
department in the manner established by the department data
identified by the department relating to issuance of
department-approved driver education certificates with the
certificate numbers.
SECTION 4.09. Sections 1001.056(a), (b), (c-1), (d), (e),
and (g), Education Code, are amended to read as follows:
(a) In this section, "operator" means a person approved by a
driving safety [course] provider to conduct an approved driving
safety course.
(b) The department shall provide each licensed driving
safety [course] provider with course completion certificate
numbers to enable the provider to issue department-approved uniform
certificates of course completion.
(c-1) A driving safety [course] provider shall provide for
the issuance of original and duplicate certificates in a manner
that, to the greatest extent possible, prevents the unauthorized
production or the misuse of the certificates.
(d) A certificate under this section must:
(1) be in a form required by the department; and
(2) include an identifying number by which the
department, a court, or the Department of Public Safety may verify
its authenticity with the driving safety [course] provider.
(e) The commission by rule shall establish a fee for each
course completion certificate number. A driving safety [course]
provider that supplies a certificate to an operator shall collect
from the operator a fee equal to the amount of the fee paid to the
department for the certificate number.
(g) A driving safety [course] provider shall issue a
duplicate certificate by United States mail or commercial or
electronic delivery. The commission by rule shall determine the
amount of the fee for issuance of a duplicate certificate under this
subsection.
SECTION 4.10. Section 1001.058(b), Education Code, is
amended to read as follows:
(b) The advisory committee consists of nine [eleven]
members appointed for staggered six-year terms by the presiding
officer of the commission, with the approval of the commission, as
follows:
(1) three driver education providers [one member
representing a driver education school that offers a traditional
classroom course and in-car training];
(2) three driving safety providers [one member
representing a driver education school that offers a traditional
classroom course, alternative methods of instruction, or in-car
training];
(3) [one member representing a driving safety school
offering a traditional classroom course or providing an alternative
method of instruction;
[(4) one member representing a driving safety course
provider approved for a traditional classroom course and for an
alternative method of instruction;
[(5) one member representing a driving safety course
provider approved for a traditional classroom course or for an
alternative method of instruction;
[(6)] one driver education [licensed] instructor;
(4) the division head [(7) one representative] of the
Department of Public Safety driver license division or the division
head's designee;
[(8) one member representing a drug and alcohol
driving awareness program course provider;
[(9) one member representing a parent-taught course
provider;] and
(5) one member of [(10) two members representing] the
public.
SECTION 4.11. Section 1001.059(b), Education Code, is
amended to read as follows:
(b) The department may collaborate with another state
agency or contract with a licensed driver education provider
[school] or a driver education instructor to create the course.
SECTION 4.12. Subchapter B, Chapter 1001, Education Code,
is amended by adding Section 1001.060 to read as follows:
Sec. 1001.060. COORDINATION WITH DEPARTMENT OF PUBLIC
SAFETY. (a) The department shall enter into a memorandum of
understanding with the Department of Public Safety for:
(1) the interagency development of the content of
driver's license examinations and examination reference materials;
and
(2) any other matter the agencies consider
appropriate.
(b) The memorandum of understanding must authorize the
Department of Public Safety to share with the department any
relevant information, including information related to examination
results.
SECTION 4.13. The heading to Subchapter C, Chapter 1001,
Education Code, is amended to read as follows:
SUBCHAPTER C. [OPERATION OF] DRIVER EDUCATION AND DRIVING SAFETY
CURRICULUM [SCHOOL]
SECTION 4.14. Section 1001.101, Education Code, is amended
to read as follows:
Sec. 1001.101. ADULT AND MINOR DRIVER EDUCATION COURSE
CURRICULUM AND TEXTBOOKS. (a) The commission by rule shall
establish or approve the curriculum and designate the educational
materials to be used in a driver education course for minors and
adults, including a driver education course conducted by a school
district, driver education provider [school], or parent or other
individual under this chapter.
(b) The commission by rule shall prescribe the minimum
number of hours of classroom instruction, observation instruction,
and behind-the-wheel training that must be completed for a [A]
driver education course to be approved under this chapter [must
require the student to complete:
[(1) 7 hours of behind-the-wheel instruction in the
presence of a person who holds a driver education instructor
license or who meets the requirements for a driver education course
conducted by a parent or other individual under Section 1001.112;
[(2) 7 hours of observation instruction in the
presence of a person who holds a driver education instructor
license or who meets the requirements for a driver education course
conducted by a parent or other individual under Section 1001.112;
and
[(3) 30 hours of behind-the-wheel instruction,
including at least 10 hours of instruction that takes place at
night, in the presence of an adult who meets the requirements of
Section 521.222(d)(2), Transportation Code].
SECTION 4.15. Sections 1001.1015(b) and (d), Education
Code, are amended to read as follows:
(b) A driver education course under Subsection (a) must:
(1) provide at least the minimum number of hours of
classroom instruction required by commission rule [be a six-hour
course]; and
(2) include instruction in:
(A) alcohol and drug awareness;
(B) the traffic laws of this state;
(C) highway signs, signals, and markings that
regulate, warn, or direct traffic; and
(D) the issues commonly associated with motor
vehicle accidents, including poor decision-making, risk taking,
impaired driving, distraction, speed, failure to use a safety belt,
driving at night, failure to yield the right-of-way, and using a
wireless communication device while operating a vehicle.
(d) A driving safety course [or a drug and alcohol driving
awareness program] may not be approved as a driver education course
under Subsection (a).
SECTION 4.16. Sections 1001.1016(b) and (c), Education
Code, are amended to read as follows:
(b) The commission by rule shall require an in-person [a]
driver education provider or online driver education provider
[school providing a driver education course] to:
(1) in the manner described by the Americans with
Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.), make
reasonable modifications and provide aids and services when
providing the classroom instruction portion of a driver education
[the] course that are necessary to ensure that a student who is deaf
or hard of hearing may fully participate in the course; and
(2) provide to the department the provider's
[school's] plan for complying with the rules adopted under this
section as a condition of obtaining a license under Section
1001.211 or renewing a license [under Section 1001.303].
(c) The rules adopted under Subsection (b) must allow an
in-person [a] driver education provider or online driver education
provider [school] to comply with the requirements of this section
by playing a video that presents the classroom instruction portion
of the driver education course in a manner that complies with the
requirements of this section.
SECTION 4.17. Subchapter C, Chapter 1001, Education Code,
is amended by adding Section 1001.1017 to read as follows:
Sec. 1001.1017. COURSE APPROVAL. A driver training
provider shall submit to the commission for approval the course
length and curriculum content for each course offered by the
provider. The provider may implement a course length and
curriculum content only after approval by the commission.
SECTION 4.18. Section 1001.112, Education Code, is amended
to read as follows:
Sec. 1001.112. PARENT-TAUGHT DRIVER EDUCATION. (a) A
person who is eligible under Subsection (b) may use course
materials provided by a parent-taught driver education provider to
conduct [The commission by rule shall provide for approval of] a
driver education course approved under Section 1001.1017 for
[conducted by the following persons with the noted relationship to]
a person who is required to complete a driver education course to
obtain a Class C license.
(b) A person is eligible to conduct a driver education
course for another person as provided by Subsection (a) if the
person:
(1) is either:
(A) a parent, stepparent, foster parent, legal
guardian, grandparent, or step-grandparent of the other person; or
(B) [(2)] an individual who:
(i) [(A)] has been designated on a form
prescribed by the department for purposes of this section by a
parent or[, a] legal guardian of the other person[,] or by a judge
of a court with jurisdiction over the other person [on a form
prescribed by the department];
(ii) [(B)] is at least 25 years of age [or
older];
(iii) [(C)] does not charge a fee for
conducting the course; and
(iv) [(D)] has at least seven years of
driving experience;
(2) has possessed [and
[(E) otherwise qualifies to conduct a course
under Subsection (a-1).
[(a-1) The rules must provide that the student driver spend
a minimum number of hours in classroom and behind-the-wheel
instruction.
[(a-2) The rules must provide that the person conducting the
course:
[(1) possess] a valid license for the preceding three
years that has not been suspended, revoked, or forfeited in the past
three years for an offense that involves the operation of a motor
vehicle;
(3) [(2)] has not been convicted of:
(A) criminally negligent homicide; or
(B) driving while intoxicated in the past seven
years; and
(4) [(3)] has not been convicted during the preceding
three years of:
(A) three or more moving violations described by
Section 542.304, Transportation Code, including violations that
resulted in an accident; or
(B) two or more moving violations described by
Section 542.304, Transportation Code, that resulted in an accident.
(c) A person conducting a driver education course under this
section may provide the classroom instruction portion, the
behind-the-wheel training portion, or both portions.
(d) [(b)] The department may [approve a course described by
Subsection (a) if the department determines that the course
materials are at least equal to those required in a course approved
by the department, and the department may] not require for a course
conducted under this section that:
(1) the classroom instruction be provided in a room
with particular characteristics or equipment; or
(2) the vehicle used for the behind-the-wheel training
[instruction] have equipment other than the equipment otherwise
required by law for operation of the vehicle on a highway while the
vehicle is not being used for driver training.
(e) A parent-taught driver education provider [(c) The
rules must provide a method by which:
[(1) approval of a course is obtained;
[(2) an applicant submits proof of completion of the
course;
[(3) approval for delivering course materials by an
alternative method, including electronic means, is obtained;
[(4) a provider of a course approved under this
section] may administer to an applicant the highway sign and
traffic law parts of the examination as provided by Section
521.1655(a-1), Transportation Code, through electronic means[; and
[(5) an applicant submits proof of passage of an
examination administered under Subdivision (4)].
(f) [(d) Completion of a driver education course approved
under this section has the same effect under this chapter as
completion of a driver education course approved by the department.
[(e)] The department may not charge a fee for the submission
of proof of:
(1) completion of a [the] course conducted under this
section; or
(2) passage of an examination administered under
Subsection (e) [(c)].
SECTION 4.19. Sections 1001.151(b) and (c), Education Code,
are amended to read as follows:
(b) The commission by rule shall establish a fee for:
(1) an initial in-person driver education provider
[school] license and for each branch location;
(2) an initial online driver education provider
[driving safety school] license;
(3) an initial parent-taught driver education
[course] provider license[, except that the executive director may
waive the fee];
(4) an initial driving safety provider license;
(5) the annual renewal for a [course provider,]
driving safety provider [school], driver education provider
[school], or branch location of an in-person driver education
provider, except that the executive director may waive the fee if
revenue generated by the issuance of course completion certificate
numbers and driver education certificates is sufficient to cover
the cost of administering this chapter and Article 45.0511, Code of
Criminal Procedure;
(6) [(5)] a change of address of a driver education
provider [school, driving safety school,] or driving safety
[course] provider; and
(7) [(6)] a change of name of:
(A) a driver education [school or course]
provider or an owner of a driver education [school or course]
provider; or
(B) a driving safety provider [school] or an
owner of a driving safety provider [school;
[(7) each additional driver education or driving
safety course at a driver training school; and
[(8) an initial application for approval of a driving
safety course that has not been evaluated by the department].
(c) An application for an initial driver education [or
driving safety] instructor license must be accompanied by a
processing fee and an annual license fee, except that the
department may not collect the processing fee from an applicant
[for a driver education instructor license] who is currently
teaching a driver education course in a public school in this state.
SECTION 4.20. The heading to Subchapter E, Chapter 1001,
Education Code, is amended to read as follows:
SUBCHAPTER E. LICENSING OF DRIVER TRAINING [SCHOOLS AND COURSE]
PROVIDERS
SECTION 4.21. Section 1001.201, Education Code, is amended
to read as follows:
Sec. 1001.201. LICENSE REQUIRED. A person may not provide:
(1) [operate a school that provides] a driver
education course:
(A) in person unless the person holds an
in-person [a] driver education provider [school] license; or
(B) online unless the person holds an online
driver education provider license;
(2) driver education course materials to persons
conducting parent-taught driver education under Section 1001.112
unless the person holds a parent-taught driver education provider
license; or
(3) [operate a school that provides] driving safety
courses unless the person holds a driving safety provider [school]
license[; or
[(3) operate as a course provider unless the person
holds a course provider license].
SECTION 4.22. Section 1001.202, Education Code, is amended
to read as follows:
Sec. 1001.202. LOCATIONS FOR IN-PERSON DRIVER EDUCATION
PROVIDERS. An in-person [(a) A] driver education provider [school]
that teaches a driver education course at one or more branch
locations must obtain a separate in-person driver education
provider [school] license for its main business location and for
each branch location. An in-person [A] driver education provider
[school] may not operate a branch location of a branch location.
[(b) A driving safety school may use multiple classroom
locations to teach a driving safety course if each location is
approved by the department.]
SECTION 4.23. Section 1001.204, Education Code, is amended
to read as follows:
Sec. 1001.204. REQUIREMENTS FOR DRIVER EDUCATION PROVIDER
[SCHOOL] LICENSE. (a) The commission by rule shall establish the
criteria applicable to each [for a] driver education provider
[school] license.
(b) The department shall approve an application for a driver
education provider [school] license if the application is submitted
on a form approved by the department, the application is
accompanied by the fee, and the department determines that the
applicant [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 or
each person before contracting for driver education course
materials, to the extent applicable:
(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;
(3) to the extent applicable, [(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;
(4) [(6)] on completion of training, issues each
student a certificate indicating the course name and satisfactory
completion;
(5) [(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;
(6) [(9)] maintains and publishes as part of its
student enrollment contract or materials contract, as applicable,
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 provider [school] at any time
before completion;
(7) [(10)] does not use erroneous or misleading
advertising, either by actual statement, omission, or intimation,
as determined by the department;
(8) [(11)] does not use a name similar to the name of
another existing driver education provider [school] or
tax-supported educational institution in this state, unless
specifically approved in writing by the executive director;
(9) [(12)] submits to the department for approval the
applicable course hour lengths and curriculum content for each
course offered by the provider [school];
(10) [(13)] does not owe an administrative penalty for
a violation of this chapter;
(11) meets all requirements applicable to the license
type under Section 1001.2041, 1001.2042, or 1001.2043; and
(12) [(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 4.24. Subchapter E, Chapter 1001, Education Code,
is amended by adding Sections 1001.2041, 1001.2042, and 1001.2043
to read as follows:
Sec. 1001.2041. REQUIREMENTS FOR IN-PERSON DRIVER
EDUCATION PROVIDER. Before an in-person driver education provider
license may be issued, the department must determine that the
applicant:
(1) has adequate space, equipment, instructional
material, and driver education instructors to provide training of
good quality in the classroom and behind the wheel; and
(2) complies with all county, municipal, state, and
federal regulations, including fire, building, and sanitation
codes and assumed name registration, if applicable.
Sec. 1001.2042. REQUIREMENTS FOR ONLINE DRIVER EDUCATION
PROVIDER. Before an online driver education provider license may
be issued, the department must determine that the applicant has:
(1) an adequate number of driver education instructors
to provide training of good quality; and
(2) adequate testing and security measures to validate
a student's identity and active participation in a driver education
course.
Sec. 1001.2043. REQUIREMENTS FOR PARENT-TAUGHT DRIVER
EDUCATION PROVIDER. (a) Before a parent-taught driver education
provider license may be issued, the department must determine that
the applicant has:
(1) an adequate method by which a person completing a
parent-taught driver education course under Section 1001.112 using
the provider's course materials may submit proof of:
(A) completion of the course; or
(B) passage of an examination administered by the
provider under Section 1001.112(e);
(2) hired or contracted with only driver education
instructors, if the provider elects to hire or contract with an
instructor to assist with driver education; and
(3) adequate testing and security measures to validate
a student's active participation in a driver education course.
(b) Except as specifically provided by this chapter, a
parent-taught driver education provider that provides driver
education course materials remotely through the Internet is not
subject to any course or curriculum requirements established by the
commission or department for online driver education providers.
SECTION 4.25. Section 1001.206, Education Code, is amended
to read as follows:
Sec. 1001.206. REQUIREMENTS FOR DRIVING SAFETY [COURSE]
PROVIDER LICENSE. (a) The commission by rule shall establish
criteria for a driving safety [course] provider license.
(b) The department shall approve an application for a
driving safety [course] provider license if the application is
submitted on a form approved by the executive director, includes
the fee, and [on inspection of the premises of the school] the
department determines that the applicant:
(1) has driving safety 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 [the course provider has an
approved course that at least one licensed driving safety school is
willing to offer];
(2) provides [the course provider has adequate
educational qualifications and experience;
[(3) the course provider will:
[(A) develop and provide] to each student before
enrollment:
(A) [driving safety school that offers the
approved course] a copy of:
(i) the refund policy; [and]
(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) [provide to the driving safety school] the
department's name, mailing address, telephone number, and Internet
website address for the purpose of directing complaints to the
department;
(3) [(4) a copy of the information provided to each
driving safety school under Subdivision (3) will be provided to
each student by the school before enrollment;
[(5)] not later than the 15th working day after the date
a person successfully completes the course, issues [the course
provider will issue] and delivers [deliver] to the person by United
States mail or commercial or electronic delivery a uniform
certificate of course completion indicating the course name and
successful completion;
(4) [(6) the course provider] 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;
(5) [(7) the course provider] complies with all
county, municipal, state, and federal laws, including assumed name
registration and other applicable requirements;
(6) [(8) the course provider] is financially sound and
capable of fulfilling its commitments for training;
(7) [(9) the course provider] maintains and publishes
as a 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 provider [school] at any time before
completion;
(8) [(10) the course provider] does not use erroneous
or misleading advertising, either by actual statement, omission, or
intimation, as determined by the department;
(9) [(11) the course provider] does not use a name
similar to the name of another existing driving safety provider
[school] or tax-supported educational institution in this state,
unless specifically approved in writing by the executive director;
(10) submits to the department for approval the
applicable course hour lengths and curriculum content for each
course offered by the provider;
(11) [(12) the course provider] does not owe an
administrative penalty for a violation of this chapter;
(12) provides adequate testing and security measures
for the provider's method of instruction to validate a student's
identity and active participation in a driving safety course; and
(13) [the course provider] meets any additional
criteria required by the department.
SECTION 4.26. Section 1001.207, Education Code, is amended
to read as follows:
Sec. 1001.207. BOND REQUIREMENTS: DRIVER EDUCATION
PROVIDER [SCHOOL]. (a) Before a driver education provider
[school] may be issued a license, the provider [school] must file a
corporate surety bond with the department in the amount of:
(1) $10,000 [for the primary location of the school];
and
(2) for an in-person driver education provider, $5,000
for each branch location of the provider.
(b) A bond issued under Subsection (a) must be:
(1) issued in a form approved by the department;
(2) issued by a company authorized to do business in
this state;
(3) payable to the department to be used only for
payment of a refund due to a student or potential student;
(4) conditioned on the compliance of the provider
[school] and its officers, agents, and employees with this chapter
and rules adopted under this chapter; and
(5) issued for a period corresponding to the term of
the license.
(c) Posting of a bond in the amount required under
Subsection (a) satisfies the requirements for financial stability
for driver education providers [schools] under this chapter.
(d) A driver education provider who files a bond under
Subsection (a)(1) or provides an alternate form of security under
Section 1001.210 to obtain one type of driver education provider
license may not be required to file an additional bond under
Subsection (a)(1) or provide an alternate form of security under
Section 1001.210 for any other type of driver education provider
license.
SECTION 4.27. Section 1001.209, Education Code, is amended
to read as follows:
Sec. 1001.209. BOND REQUIREMENTS: DRIVING SAFETY [COURSE]
PROVIDER. (a) Before a license may be issued to a driving safety
[course] provider, the [course] provider must provide a corporate
surety bond in the amount of $10,000.
(b) A bond issued under Subsection (a) must be:
(1) issued by a company authorized to do business in
this state;
(2) payable to the department to be used:
(A) for payment of a refund due a student of the
[course] provider's approved driving safety courses [course];
(B) to cover the payment of unpaid fees or
penalties assessed by the executive director or the commission; or
(C) to recover any cost associated with providing
course completion certificate numbers, including the cancellation
of certificate numbers;
(3) conditioned on the compliance of the [course]
provider and its officers, agents, and employees with this chapter
and rules adopted under this chapter; and
(4) issued for a period corresponding to the term of
the license.
SECTION 4.28. Section 1001.210, Education Code, is amended
to read as follows:
Sec. 1001.210. ALTERNATE FORM OF SECURITY. Instead of the
bond required by Section 1001.207 or 1001.209, a driver education
provider [school] or driving safety [course] provider may provide
another form of security that is:
(1) approved by the department; and
(2) in the amount required for a comparable bond under
Section 1001.207 or 1001.209.
SECTION 4.29. Sections 1001.211(b) and (c), Education Code,
are amended to read as follows:
(b) A license must be in a form determined by the department
and must show in a clear and conspicuous manner:
(1) the date of issuance, effective date, and term of
the license;
(2) the name and address of the driver training
[school or course] provider;
(3) the authority for and conditions of approval; and
(4) any other fair and reasonable representation that
is consistent with this chapter and that the department considers
necessary.
(c) An applicant may obtain both a driver education provider
[school] license and a driving safety provider [school] license.
SECTION 4.30. Sections 1001.213(b), (c), and (d), Education
Code, are amended to read as follows:
(b) If a change in ownership of a driver training [school or
course] provider is proposed, a new owner shall apply for a new
[school or course] provider license at least 30 days before the date
of the change.
(c) The commission by rule may establish fees for a new
driver education [school or course] provider license under
Subsection (b) and, if applicable, for each branch location of an
in-person driver education provider if:
(1) the new owner is substantially similar to the
previous owner; and
(2) there is no significant change in the management
or control of the [driver education school or course] provider.
(d) The department may inspect a driver training provider's
main [school] or [a] branch location, as applicable, after a change
of ownership.
SECTION 4.31. Section 1001.214, Education Code, is amended
to read as follows:
Sec. 1001.214. DUPLICATE LICENSE. A duplicate license may
be issued to a driver training [school or course] provider if:
(1) the original license is lost or destroyed; and
(2) an affidavit of that fact is filed with the
department.
SECTION 4.32. Section 1001.251(a), Education Code, is
amended to read as follows:
(a) Except as authorized under Section 1001.112, a [A]
person may not teach or provide driver education[, either as an
individual or in a driver education school,] or conduct any phase of
driver education[,] unless the person holds a driver education
instructor license issued by the executive director.
SECTION 4.33. Section 1001.2511(e), Education Code, is
amended to read as follows:
(e) The commission may adopt rules to administer this
section, including rules establishing:
(1) deadlines for a person to submit fingerprints and
photographs in compliance with this section;
(2) sanctions for a person's failure to comply with the
requirements of this section, including suspension or revocation of
or refusal to issue a license described by Subsection (a); and
(3) notification to a driver education provider
[school] of relevant information obtained by the department under
this section.
SECTION 4.34. Section 1001.2512, Education Code, is amended
to read as follows:
Sec. 1001.2512. FEES FOR CRIMINAL HISTORY RECORD
INFORMATION REVIEW. The commission by rule shall require a person
submitting to a national criminal history record information review
under Section 1001.2511 or the driver education provider [school]
employing the person, as determined by the department, to pay a fee
for the review in an amount not to exceed the amount of any fee
imposed on an application for certification under Subchapter B,
Chapter 21, for a national criminal history record information
review under Section 22.0837.
SECTION 4.35. Section 1001.2513, Education Code, is amended
to read as follows:
Sec. 1001.2513. CONFIDENTIALITY OF INFORMATION. A social
security number, driver's license number, other identification
number, or fingerprint record collected for a person to comply with
Section 1001.2511:
(1) may not be released except:
(A) to provide relevant information to driver
education providers [schools] or otherwise to comply with Section
1001.2511;
(B) by court order; or
(C) with the consent of the person who is the
subject of the information;
(2) is not subject to disclosure as provided by
Chapter 552, Government Code; and
(3) shall be destroyed by the requestor or any
subsequent holder of the information not later than the first
anniversary of the date the information is received.
SECTION 4.36. Sections 1001.2514(a) and (d), Education
Code, are amended to read as follows:
(a) A driver education provider [school] shall discharge or
refuse to hire as an instructor an employee or applicant for
employment if the department obtains information through a criminal
history record information review that:
(1) the employee or applicant has been convicted of:
(A) a felony offense under Title 5, Penal Code;
(B) an offense on conviction of which a defendant
is required to register as a sex offender under Chapter 62, Code of
Criminal Procedure; or
(C) an offense under the laws of another state or
federal law that is equivalent to an offense under Paragraph (A) or
(B); and
(2) at the time the offense occurred, the victim of the
offense described by Subdivision (1) was under 18 years of age or
was enrolled in a public school.
(d) A driver education provider [school] may discharge an
employee who serves as an instructor if the provider [school]
obtains information of the employee's conviction of a felony or of a
misdemeanor involving moral turpitude that the employee did not
disclose to the provider [school] or the department. An employee
discharged under this subsection is considered to have been
discharged for misconduct for purposes of Section 207.044, Labor
Code.
SECTION 4.37. Section 1001.2531(b), Education Code, is
amended to read as follows:
(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; and
(B) [holds a high school diploma or high school
equivalency certificate; and
[(C)] meets any other requirement established by
commission rule.
SECTION 4.38. Sections 1001.255(a), (b), and (c), Education
Code, are amended to read as follows:
(a) The department shall regulate as a driver education
provider of the type determined appropriate by the department
[school] a driver education instructor who:
(1) teaches driver education courses in a county
having a population of 50,000 or less; and
(2) does not teach more than 200 students annually.
(b) An instructor described by Subsection (a) must submit to
the department an application for an initial or renewal driver
education provider [school] license, together with all required
documentation and information.
(c) The executive director may waive initial or renewal
driver education provider [school] license fees.
SECTION 4.39. Section 1001.301, Education Code, is amended
to read as follows:
Sec. 1001.301. EXPIRATION OF DRIVER TRAINING [SCHOOL OR
COURSE] PROVIDER LICENSE. The term of a driver training [education
school, driving safety school, or course] provider license may not
exceed one year.
SECTION 4.40. Section 1001.302, Education Code, is amended
to read as follows:
Sec. 1001.302. EXPIRATION OF DRIVER EDUCATION INSTRUCTOR
LICENSE. The term of a driver education instructor [or driving
safety instructor] license may not exceed one year.
SECTION 4.41. Section 1001.351, Education Code, is amended
to read as follows:
Sec. 1001.351. DRIVING SAFETY [COURSE] PROVIDER
RESPONSIBILITIES. (a) Not later than the 15th working day after
the course completion date, a driving safety [course] provider or a
person at the [course] provider's facilities shall issue and
deliver by United States mail or commercial or electronic delivery
a uniform certificate of course completion to a person who
successfully completes an approved driving safety course.
(b) A driving safety [course] provider shall electronically
submit to the department in the manner established by the
department data identified by the department relating to uniform
certificates of course completion issued by the [course] provider.
[(c) A course provider shall conduct driving safety
instructor development courses for its approved driving safety
courses.]
SECTION 4.42. Section 1001.352, Education Code, is amended
to read as follows:
Sec. 1001.352. FEES FOR DRIVING SAFETY COURSE. A driving
safety [course] provider shall charge each student:
(1) at least $25 for a driving safety course; and
(2) a fee of at least $3 for course materials and for
supervising and administering the course.
SECTION 4.43. Section 1001.353, Education Code, is amended
to read as follows:
Sec. 1001.353. DRIVER TRAINING COURSE AT PUBLIC OR PRIVATE
SCHOOL. A driver training provider [school] may conduct a driver
training course at a public or private school for students of the
public or private school as provided by an agreement with the public
or private school. The course is subject to any law applicable to a
course conducted at the main business location of the driver
training provider [school].
SECTION 4.44. Section 1001.355, Education Code, is amended
to read as follows:
Sec. 1001.355. WITHHOLDING CERTAIN RECORDS. A driver
training provider [school] may withhold a student's diploma or
certificate of completion until the student fulfills the student's
financial obligation to the provider [school].
SECTION 4.45. Section 1001.356, Education Code, is amended
to read as follows:
Sec. 1001.356. REQUIREMENT TO CARRY LICENSE. A driver
education instructor [or driving safety instructor] shall carry the
person's instructor license at all times while instructing a driver
education course [or driving safety course].
SECTION 4.46. Section 1001.357, Education Code, is amended
to read as follows:
Sec. 1001.357. CONTRACT WITH UNLICENSED DRIVER TRAINING
PROVIDER [SCHOOL]. A contract entered into with a person for a
course of instruction by or on behalf of a person operating an
unlicensed driver training provider [school] is unenforceable.
SECTION 4.47. Section 1001.401, Education Code, is amended
to read as follows:
Sec. 1001.401. CANCELLATION AND SETTLEMENT POLICY. As a
condition for obtaining a driver training [education school license
or course] provider license, the [school or course] provider must
maintain a cancellation and settlement policy that provides a full
refund of all money paid by a student if:
(1) the student cancels the enrollment contract before
midnight of the third day, other than a Saturday, Sunday, or legal
holiday, after the date the enrollment contract is signed by the
student, unless the student successfully completes the course or
receives a failing grade on the course examination; or
(2) the enrollment of the student was procured as a
result of a misrepresentation in:
(A) advertising or promotional materials of the
[school or course] provider; or
(B) a representation made by an owner or employee
of the [school or course] provider.
SECTION 4.48. Section 1001.402, Education Code, is amended
to read as follows:
Sec. 1001.402. TERMINATION POLICY. (a) As a condition for
obtaining a driver training provider [education school] license,
the provider [school] must maintain a policy for the refund of the
unused portion of tuition, fees, and other charges if a student,
after expiration of the cancellation period described by Section
1001.401, does not enter the course or withdraws or is discontinued
from the course at any time before completion.
(b) The policy must provide that:
(1) refunds are based on the period of enrollment
computed on the basis of course time expressed in clock hours;
(2) the effective date of the termination for refund
purposes is the earliest of:
(A) the last day of attendance, if the student's
enrollment is terminated by the provider [school];
(B) the date the provider [school] receives
written notice from the student; or
(C) the 10th school day after the last day of
attendance;
(3) if tuition is collected in advance of entrance and
if a student does not enter the course [school], terminates
enrollment, or withdraws, the provider [school]:
(A) may retain not more than $50 as an
administrative expense; and
(B) shall refund that portion of the student's
remaining classroom tuition and fees and behind-the-wheel tuition
and fees that corresponds to services the student does not receive;
(4) the provider [school] shall refund items of extra
expense to the student, including instructional supplies, books,
laboratory fees, service charges, rentals, deposits, and all other
charges not later than the 30th day after the effective date of
enrollment termination if:
(A) the extra expenses are separately stated and
shown in the information provided to the student before enrollment;
and
(B) the student returns to the provider [school]
any provider [school] property in the student's possession; and
(5) refunds shall be completed not later than the 30th
day after the effective date of enrollment termination.
SECTION 4.49. Section 1001.403, Education Code, is amended
to read as follows:
Sec. 1001.403. REFUND FOR DISCONTINUED COURSE. On the
discontinuation of a course by a driver training [education school
or a course] provider that prevents a student from completing the
course, all tuition and fees paid become refundable.
SECTION 4.50. Sections 1001.404(a) and (c), Education Code,
are amended to read as follows:
(a) If a refund is not timely made, the driver training
[education school or course] provider shall pay interest on the
amount of the refund. Interest begins to accrue on the first day
after the expiration of the refund period and ends on the day
preceding the date the refund is made.
(c) The department may except a driver training [education
school or course] provider from the payment of interest if the
[school or course] provider makes a good-faith effort to refund
tuition, fees, and other charges but is unable to locate the student
to whom the refund is owed. On request of the department, the
driver training [school or course] provider shall document the
effort to locate a student.
SECTION 4.51. Subchapter I, Chapter 1001, Education Code,
is amended by adding Section 1001.405 to read as follows:
Sec. 1001.405. APPLICABILITY TO PARENT-TAUGHT DRIVER
EDUCATION PROVIDER. The commission shall adopt rules as necessary
to ensure this subchapter applies as appropriate to a parent-taught
driver education provider.
SECTION 4.52. Section 1001.451, Education Code, is amended
to read as follows:
Sec. 1001.451. PROHIBITED PRACTICES. A person may not:
(1) use advertising that is false, misleading, or
deceptive;
(2) fail to notify the department of the
discontinuance of the operation of a driver training provider
[school] before the 15th working day after the date of cessation of
classes and make available accurate records as required by this
chapter;
(3) issue, sell, trade, or transfer:
(A) a uniform certificate of course completion or
driver education certificate to a person or driver training
provider [school] not authorized to possess the certificate;
(B) a uniform certificate of course completion to
a person who has not successfully completed an approved[, six-hour]
driving safety course; or
(C) a driver education certificate to a person
who has not successfully completed a department-approved driver
education course;
(4) negotiate a promissory instrument received as
payment of tuition or another charge before the student completes
75 percent of the course, except that before that time the
instrument may be assigned to a purchaser who becomes subject to any
defense available against the provider [school] named as payee; or
(5) conduct any part of an approved driver education
course [or driving safety course] without having an instructor
adequately available [physically present in appropriate proximity]
to the student for the type of instruction being given.
SECTION 4.53. Section 1001.452, Education Code, is amended
to read as follows:
Sec. 1001.452. COURSE OF INSTRUCTION OR PROVISION OF
MATERIALS. A driver training provider [school] may not conduct a
course of instruction or provide driver education course materials,
as applicable, in this state before the date the provider [school]
receives the necessary [a] driver training provider [school]
license from the department.
SECTION 4.54. The heading to Section 1001.453, Education
Code, is amended to read as follows:
Sec. 1001.453. DISTRIBUTION OF WRITTEN INFORMATION ON
DRIVING SAFETY [COURSE] PROVIDER.
SECTION 4.55. Sections 1001.453(a) and (b), Education Code,
are amended to read as follows:
(a) A person may not distribute within 500 feet of a court
with jurisdiction over an offense to which Article 45.0511, Code of
Criminal Procedure, applies written information that advertises a
driving safety [course] provider.
(b) The department may revoke the license of a driving
safety [course] provider if the [course] provider or the [course]
provider's agent, employee, or representative violates this
section.
SECTION 4.56. Section 1001.455, Education Code, is amended
to read as follows:
Sec. 1001.455. DENIAL, SUSPENSION, OR REVOCATION OF DRIVER
EDUCATION INSTRUCTOR LICENSE. (a) The executive director or the
commission may deny an application for a driver education [an]
instructor license or suspend or revoke the license of a driver
education [an] instructor if the instructor:
(1) fails to meet a requirement for issuance of or
holding a license under this chapter;
(2) permits or engages in misrepresentation, fraud, or
deceit in applying for or obtaining a certificate, license, or
permit;
(3) induces fraud or fraudulent practices on the part
of an applicant for a driver's license or permit;
(4) permits or engages in any other fraudulent
practice in an action between the applicant or license holder and
the public;
(5) fails to comply with commission rules relating to
driver instruction; or
(6) fails to comply with this chapter.
SECTION 4.57. Section 106.115(a), Alcoholic Beverage Code,
is amended to read as follows:
(a) On the placement of a minor on deferred disposition for
an offense under Section 49.02, Penal Code, or under Section
106.02, 106.025, 106.04, 106.041, 106.05, or 106.07, the court
shall require the defendant to attend an alcohol awareness program
approved by the Texas Department of Licensing and Regulation under
this section or [,] a drug education program approved by the
Department of State Health Services in accordance with Section
521.374, Transportation Code[, or a drug and alcohol driving
awareness program approved by the Texas Education Agency]. On
conviction of a minor of an offense under one or more of those
sections, the court, in addition to assessing a fine as provided by
those sections, shall require a defendant who has not been
previously convicted of an offense under one of those sections to
attend an alcohol awareness program or [,] a drug education
program[, or a drug and alcohol driving awareness program]
described by this subsection. If the defendant has been previously
convicted once or more of an offense under one or more of those
sections, the court may require the defendant to attend an alcohol
awareness program or [,] a drug education program[, or a drug and
alcohol driving awareness program] described by this subsection. If
the defendant is younger than 18 years of age, the court may require
the parent or guardian of the defendant to attend the program with
the defendant. The Texas Department of Licensing and Regulation or
Texas Commission of Licensing and Regulation, as appropriate:
(1) is responsible for the administration of the
certification of approved alcohol awareness programs;
(2) may charge a nonrefundable application fee for:
(A) initial certification of the approval; or
(B) renewal of the certification;
(3) shall adopt rules regarding alcohol awareness
programs approved under this section; and
(4) shall monitor, coordinate, and provide training to
a person who provides an alcohol awareness program.
SECTION 4.58. Article 45.051(b-1), Code of Criminal
Procedure, is amended to read as follows:
(b-1) If the defendant is younger than 25 years of age and
the offense committed by the defendant is a traffic offense
classified as a moving violation:
(1) Subsection (b)(8) does not apply;
(2) during the deferral period, the judge[:
[(A)] shall require the defendant to complete a
driving safety course approved under Chapter 1001, Education Code;
and
[(B) may require the defendant to complete an
additional driving safety course designed for drivers younger than
25 years of age and approved under Section 1001.111, Education
Code; and]
(3) if the defendant holds a provisional license,
during the deferral period the judge shall require that the
defendant be examined by the Department of Public Safety as
required by Section 521.161(b)(2), Transportation Code; a
defendant is not exempt from the examination regardless of whether
the defendant was examined previously.
SECTION 4.59. Section 28.012(a)(3), Education Code, is
amended to read as follows:
(3) "Driver training provider [school]" has the
meaning assigned by Section 1001.001.
SECTION 4.60. Section 28.012(e), Education Code, is amended
to read as follows:
(e) Subject to rules adopted by the board, a school district
or open-enrollment charter school may tailor the instruction
developed under this section as appropriate for the district's or
school's community. In tailoring the instruction, the district or
school shall solicit input from local law enforcement agencies,
driver training providers [schools], and the community.
SECTION 4.61. Section 29.902(c), Education Code, is amended
to read as follows:
(c) A school district shall consider offering a driver
education and traffic safety course during each school year. If the
district offers the course, the district may:
(1) conduct the course and charge a fee for the course
in the amount determined by the agency to be comparable to the fee
charged by a driver education provider [school] that holds a
license under Chapter 1001; or
(2) contract with a driver education provider [school]
that holds a license under Chapter 1001 to conduct the course.
SECTION 4.62. Section 123.007, Government Code, is amended
to read as follows:
Sec. 123.007. USE OF OTHER DRUG AND ALCOHOL AWARENESS
PROGRAMS. In addition to using a drug court program established
under this chapter, the commissioners court of a county or a court
may use other drug awareness [or drug and alcohol driving
awareness] programs to treat persons convicted of drug or alcohol
related offenses.
SECTION 4.63. Section 521.165(e), Transportation Code, is
amended to read as follows:
(e) The department may authorize an entity described by
Subsection (a), including a driver education provider [school]
described by Section 521.1655, to administer the examination
required by Section 521.161(b)(2).
SECTION 4.64. Sections 521.1655(a) and (a-1),
Transportation Code, are amended to read as follows:
(a) An in-person [A] driver education provider or online
driver education provider [school] licensed under Chapter 1001,
Education Code, may administer to a student of that provider
[school] the vision, highway sign, and traffic law parts of the
examination required by Section 521.161.
(a-1) A parent-taught driver education [course] provider
licensed [approved] under Chapter 1001, Education Code, [Section
521.205] may administer to a student of that course the highway sign
and traffic law parts of the examination required by Section
521.161.
SECTION 4.65. Sections 521.206(a) and (b), Transportation
Code, are amended to read as follows:
(a) The department shall collect data regarding collisions
of students taught by public schools, driver education providers
[schools] licensed under Chapter 1001, Education Code, and other
entities that offer driver education courses to students for which
a uniform certificate of course completion is issued. The
collision rate is computed by determining the number of an entity's
students who complete a driver education course during a state
fiscal year, dividing that number by the number of collisions that
involved students who completed such a course and that occurred in
the 12-month period following their licensure, and expressing the
quotient as a percentage.
(b) The department shall collect data regarding the
collision rate of students taught by course instructors approved
under Section 1001.112, Education Code. The collision rate is
computed by determining the number of students who completed a
course taught [approved] under that section [Section 1001.112,
Education Code,] during a state fiscal year, dividing that number
by the number of collisions that involved students who completed
such a course and that occurred in the 12-month period following
their licensure, and expressing the quotient as a percentage.
SECTION 4.66. Section 521.222(a), Transportation Code, is
amended to read as follows:
(a) The department may issue a learner license, including a
Class A or Class B driver's learner license, to a person who:
(1) is 15 years of age or older but under 18 years of
age;
(2) has satisfactorily completed and passed the
classroom phase of an approved driver education course, which may
be a course taught [approved] under Section 1001.112, Education
Code;
(3) meets the requirements imposed under Section
521.204(a)(3); and
(4) has passed each examination required under Section
521.161 other than the driving test.
SECTION 4.67. Section 542.304(a), Transportation Code, as
added by Chapter 1094 (H.B. 2048), Acts of the 86th Legislature,
Regular Session, 2019, is amended to conform to Section 4.40,
Chapter 1352 (S.B. 346), Acts of the 86th Legislature, Regular
Session, 2019, and is further amended to read as follows:
(a) The department by rule shall designate the offenses
involving the operation of a motor vehicle that constitute a moving
violation of the traffic law for the purposes of:
(1) [Article 102.022(a), Code of Criminal Procedure;
[(2)] Section 1001.112(b)(4) [1001.112(a-2)],
Education Code;
(2) [(3)] Section 411.110(f), Government Code; and
(3) [(4)] Sections 773.0614(b) and 773.06141(a),
Health and Safety Code.
SECTION 4.68. The following provisions are repealed:
(1) Article 45.0511(u), Code of Criminal Procedure;
(2) Sections 1001.001(4), (7), (10), (11), and (14),
Education Code;
(3) Section 1001.056(f), Education Code;
(4) Section 1001.1015(c), Education Code;
(5) Sections 1001.103 and 1001.111, Education Code;
(6) Section 1001.151(e), Education Code;
(7) Sections 1001.205 and 1001.208, Education Code;
(8) Section 1001.251(b), Education Code;
(9) Section 1001.2531(a), Education Code;
(10) Sections 1001.2532, 1001.2533, 1001.2534,
1001.2535, 1001.303, 1001.304, 1001.354, 1001.3541, and 1001.3542,
Education Code;
(11) the heading to Subchapter K, Chapter 1001,
Education Code;
(12) Section 545.412(g), Transportation Code; and
(13) Section 545.413(i), Transportation Code.
SECTION 4.69. On December 1, 2021:
(1) the terms of members serving on the driver
training and traffic safety advisory committee under Section
1001.058, Education Code, immediately before that date expire; and
(2) the presiding officer of the Texas Commission of
Licensing and Regulation shall appoint members of the driver
training and traffic safety advisory committee in accordance with
Section 1001.058, Education Code, as amended by this article, with
initial terms as follows:
(A) three members to terms expiring February 1,
2023;
(B) three members to terms expiring February 1,
2025; and
(C) three members to terms expiring February 1,
2027.
SECTION 4.70. Not later than January 1, 2022, the Texas
Department of Licensing and Regulation and the Department of Public
Safety of the State of Texas shall enter into the memorandum of
understanding required by Section 1001.060, Education Code, as
added by this article.
SECTION 4.71. (a) Not later than January 1, 2023, the Texas
Commission of Licensing and Regulation shall adopt rules necessary
to implement the changes in law made by this article to Chapter
1001, Education Code.
(b) A driver education school license, driving safety
school license, or course provider license issued under Chapter
1001, Education Code, before the date the Texas Department of
Licensing and Regulation implements the changes described in
Subsection (a) of this section continues to be valid until the date
the license expires. On expiration of that license, the license
holder shall apply for a new license under Chapter 1001, Education
Code, as amended by this article, to continue to provide services
for which a license is required by that chapter.
SECTION 4.72. The changes in law made by this article to
Section 106.115, Alcoholic Beverage Code, and Article 45.051, Code
of Criminal Procedure, with respect to participation in a
court-ordered program or course, apply to a court order entered on
or after the effective date of this Act. A court order entered
before that date is governed by the law in effect on the date the
order was entered, and the former law is continued in effect for
that purpose.
SECTION 4.73. To the extent of any conflict, this article
prevails over another Act of the 87th Legislature, Regular Session,
2021, relating to nonsubstantive additions to and corrections in
enacted codes.
ARTICLE 5. EFFECTIVE DATE
SECTION 5.01. This Act takes effect September 1, 2021.