Texas 2021 - 87th Regular

Texas Senate Bill SB714 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R3491 DRS/ANG/CXP/JES-D
2	2	By: Buckingham, et al. S.B. No. 714
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the continuation and functions of the Texas Department
8	8	of Licensing and Regulation.
9	9	ARTICLE 1. GENERAL POWERS AND DUTIES
10	10	SECTION 1.01. Section 51.002, Occupations Code, is amended
11	11	to read as follows:
12	12	Sec. 51.002. APPLICATION OF SUNSET ACT. [(a)] The Texas
13	13	Commission of Licensing and Regulation and the Texas Department of
14	14	Licensing and Regulation are subject to Chapter 325, Government
15	15	Code (Texas Sunset Act). Unless continued in existence as provided
16	16	by that chapter, the commission and the department are abolished
17	17	September 1, 2033 [2021].
18	18	[(b) The review of the commission and department by the
19	19	Sunset Advisory Commission under this section may not include a
20	20	review of any program that was transferred to the department on or
21	21	after September 1, 2016.]
22	22	SECTION 1.02. Section 51.054, Occupations Code, is amended
23	23	by amending Subsection (b) and adding Subsection (d) to read as
24	24	follows:
25	25	(b) The training program must provide the person with
26	26	information regarding:
27	27	(1) the law governing [legislation that created the]
28	28	department operations [and the commission];
29	29	(2) the programs, functions, rules, and budget of
30	30	[operated by] the department;
31	31	(3) the scope of and limitations on the rulemaking
32	32	authority of the commission [role and functions of the department];
33	33	(4) [the rules of the department, with an emphasis on
34	34	the rules that relate to disciplinary and investigatory authority;
35	35	[(5) the current budget for the department;
36	36	[(6)] the results of the most recent formal audit of
37	37	the department;
38	38	(5) [(7)] the requirements of:
39	39	(A) laws relating to [the] open meetings, [law,
40	40	Chapter 551, Government Code;
41	41	[(B) the] public information, [law, Chapter 552,
42	42	Government Code;
43	43	[(C) the] administrative procedure, and
44	44	disclosing conflicts of interest [law, Chapter 2001, Government
45	45	Code]; and
46	46	(B) [(D)] other laws applicable to members of a
47	47	state policy-making body in performing their duties [relating to
48	48	public officials, including conflict-of-interest laws]; and
49	49	(6) [(8)] any applicable ethics policies adopted by
50	50	the department or the Texas Ethics Commission.
51	51	(d) The executive director of the department shall create a
52	52	training manual that includes the information required by
53	53	Subsection (b). The executive director shall distribute a copy of
54	54	the training manual annually to each member of the commission. Each
55	55	member of the commission shall sign and submit to the executive
56	56	director a statement acknowledging that the member received and has
57	57	reviewed the training manual.
58	58	SECTION 1.03. Section 51.209, Occupations Code, is amended
59	59	by adding Subsections (a-1) and (a-2) to read as follows:
60	60	(a-1) An advisory board shall meet at the call of the
61	61	executive director or the presiding officer of the commission.
62	62	(a-2) Notwithstanding Chapter 551, Government Code, an
63	63	advisory board may meet by telephone conference call,
64	64	videoconference, or other similar telecommunication method. A
65	65	meeting held by telephone conference call, videoconference, or
66	66	other similar telecommunication method is subject to the
67	67	requirements of Sections 551.125(c), (d), (e), and (f), Government
68	68	Code.
69	69	SECTION 1.04. Subchapter D, Chapter 51, Occupations Code,
70	70	is amended by adding Sections 51.2095 and 51.211 to read as follows:
71	71	Sec. 51.2095. INTERDISCIPLINARY ADVISORY BOARDS. The
72	72	executive director or the presiding officer of the commission may
73	73	appoint interdisciplinary advisory boards consisting of members
74	74	from various businesses, industries, general trades, or
75	75	occupations to provide expertise related to a program regulated by
76	76	the department.
77	77	Sec. 51.211. RISK-BASED INSPECTIONS. (a) The commission
78	78	shall adopt rules for conducting inspections based on risk to the
79	79	public.
80	80	(b) The rules must provide for the prioritization of
81	81	inspections based on the following factors:
82	82	(1) whether a license holder has repeatedly violated a
83	83	law establishing a regulatory program administered by the
84	84	department or a rule or order of the commission or executive
85	85	director;
86	86	(2) the number of complaints filed against a license
87	87	holder;
88	88	(3) negative publicity regarding a license holder; and
89	89	(4) any other risk-based factor identified by the
90	90	commission.
91	91	(c) The commission may adopt rules that provide for the use
92	92	of alternative inspection methods, including the use of
93	93	videoconference technology or other methods instead of conducting
94	94	an in-person inspection, in circumstances the commission considers
95	95	appropriate.
96	96	SECTION 1.05. Section 51.252, Occupations Code, is amended
97	97	by amending Subsections (a) and (c) and adding Subsection (b-2) to
98	98	read as follows:
99	99	(a) The department shall maintain a system to promptly and
100	100	efficiently act on complaints filed with the department. The
101	101	department shall maintain information about parties to the
102	102	complaint, the subject matter of the complaint, a summary of the
103	103	results of the review or investigation of the complaint, and its
104	104	disposition [The executive director shall establish methods by
105	105	which consumers and service recipients are notified of the name,
106	106	mailing address, and telephone number of the department for the
107	107	purpose of directing complaints to the department. The department
108	108	shall provide to the person filing the complaint and to each person
109	109	who is a subject of the complaint information about the
110	110	department's policies and procedures relating to complaint
111	111	investigation and resolution].
112	112	(b-2) The department shall make information available
113	113	describing its procedures for complaint investigation and
114	114	resolution.
115	115	(c) The department [, at least quarterly and until final
116	116	disposition of the complaint,] shall periodically notify the
117	117	[person filing the] complaint parties [and each person who is a
118	118	subject of the complaint] of the status of the complaint until final
119	119	disposition [investigation] unless the notice would jeopardize an
120	120	[undercover] investigation.
121	121	SECTION 1.06. Subchapter E, Chapter 51, Occupations Code,
122	122	is amended by adding Sections 51.2521 and 51.255 to read as follows:
123	123	Sec. 51.2521. COMPLAINT INVESTIGATION. (a) The department
124	124	shall assign priorities and investigate complaints based on risk to
125	125	the public of the conduct alleged in the complaint.
126	126	(b) If the commission determines at any time that an
127	127	allegation made or formal complaint submitted by a person is
128	128	inappropriate or without merit, the commission shall dismiss the
129	129	complaint and no further action may be taken. The commission may
130	130	delegate to the department the duty to dismiss complaints under
131	131	this subsection. The department shall inform the commission of all
132	132	dismissals made under this subsection.
133	133	Sec. 51.255. STATISTICAL ANALYSIS OF COMPLAINTS. (a) The
134	134	department shall make available on the department's Internet
135	135	website a statistical analysis of the complaints received by the
136	136	department.
137	137	(b) The analysis under this section must include aggregate
138	138	information on the number, source, type, and disposition of
139	139	complaints received during the preceding state fiscal year and must
140	140	include, as applicable, the following information for each program
141	141	regulated by the department:
142	142	(1) the number of license holders;
143	143	(2) the number of complaints received against license
144	144	holders;
145	145	(3) the number of complaints resolved and the manner
146	146	in which they were resolved, including:
147	147	(A) the number of complaints dismissed and the
148	148	reasons for dismissal;
149	149	(B) the number of contested cases referred to and
150	150	heard by the State Office of Administrative Hearings;
151	151	(C) the number of cases appealed to a district
152	152	court;
153	153	(D) the number of complaints resulting in
154	154	disciplinary action, the disciplinary action taken, and whether the
155	155	disciplinary action was imposed by an agreed settlement or default
156	156	order issued by the executive director or a final order issued by
157	157	the commission;
158	158	(E) the manner in which complaints were resolved
159	159	categorized by the nature of the alleged violation; and
160	160	(F) the number of complaints resolved,
161	161	categorized by whether the complaint originated from department
162	162	staff or from the public;
163	163	(4) the average time required to resolve a complaint;
164	164	(5) the average amount of administrative penalties
165	165	assessed; and
166	166	(6) the number and amount of refunds ordered by the
167	167	commission or executive director.
168	168	SECTION 1.07. Section 51.351, Occupations Code, is amended
169	169	by adding Subsection (e) to read as follows:
170	170	(e) The department may take action under Section 51.353 for
171	171	a violation identified during an inspection.
172	172	SECTION 1.08. Subchapter G, Chapter 51, Occupations Code,
173	173	is amended by adding Sections 51.3531 and 51.359 to read as follows:
174	174	Sec. 51.3531. DENIAL OF LICENSE RENEWAL. The commission
175	175	may deny the renewal of a license if the applicant is in violation
176	176	of an order of the commission or the executive director.
177	177	Sec. 51.359. REFUND. (a) Subject to Subsection (b), the
178	178	commission or executive director may order a license holder to pay a
179	179	refund to a consumer as provided in an agreed settlement, default
180	180	order, or commission order instead of or in addition to imposing an
181	181	administrative penalty or other sanction.
182	182	(b) The amount of a refund ordered may not exceed the amount
183	183	the consumer paid to the license holder for a service regulated by
184	184	the department. The commission or executive director may not
185	185	require payment of other damages or estimate harm in a refund order.
186	186	SECTION 1.09. Section 51.4012(a), Occupations Code, is
187	187	amended to read as follows:
188	188	(a) Notwithstanding any other law, the commission may
189	189	determine that a person is not eligible for a license based on the
190	190	person's criminal history [or other information that indicates that
191	191	the person lacks the honesty, trustworthiness, and integrity to
192	192	hold a license issued by the department].
193	193	SECTION 1.10. Section 51.405, Occupations Code, is amended
194	194	to read as follows:
195	195	Sec. 51.405. CONTINUING EDUCATION. (a) The commission
196	196	shall recognize, prepare, or administer continuing education
197	197	programs for license holders. A license holder must participate in
198	198	the programs to the extent required by the commission to keep the
199	199	person's license.
200	200	(b) The commission by rule may establish a minimum number of
201	201	hours of continuing education required for license renewal.
202	202	(c) In adopting rules under this section for a program
203	203	regulated by the department, the commission shall consult, if
204	204	applicable, with the advisory board established for the program.
205	205	SECTION 1.11. Subchapter H, Chapter 51, Occupations Code,
206	206	is amended by adding Section 51.409 to read as follows:
207	207	Sec. 51.409. FINANCIAL DISCLOSURE STATEMENT. (a) The
208	208	commission by rule may require a person, other than an individual,
209	209	applying for a license issued by the department to submit with the
210	210	license application a financial disclosure statement. The rules
211	211	may require any of the following information to be disclosed based
212	212	on the type of license for which the application is submitted:
213	213	(1) the name of the applicable business entity;
214	214	(2) the name of each person who has a direct financial
215	215	investment in the business;
216	216	(3) the name of each person, other than an individual,
217	217	who:
218	218	(A) has a financial investment in the business;
219	219	and
220	220	(B) is not otherwise disclosed under Subdivision
221	221	(2);
222	222	(4) the total amount or percentage of the financial
223	223	investment made by each person described by Subdivision (2); and
224	224	(5) the name of each of the following persons
225	225	associated with the business, if the person is not otherwise
226	226	disclosed under Subdivision (2) or (3):
227	227	(A) a partner;
228	228	(B) an officer;
229	229	(C) a director;
230	230	(D) a managing employee;
231	231	(E) an owner or person who controls the owner;
232	232	and
233	233	(F) a person who acts as a controlling person of
234	234	the business through the exercise of direct or indirect influence
235	235	or control over the management of the business, the expenditure of
236	236	money by the business, or a policy of the business, including:
237	237	(i) any management company, landlord,
238	238	marketing company, or similar person who operates or contracts for
239	239	the operation of the business and, if the business is a publicly
240	240	traded corporation or is controlled by a publicly traded
241	241	corporation, any officer or director of the corporation;
242	242	(ii) an individual who has a personal,
243	243	familial, or other relationship with an owner, manager, landlord,
244	244	tenant, or provider of a business that allows the individual to
245	245	exercise actual control of the business; and
246	246	(iii) any other person the commission by
247	247	rule requires to be included based on the person's exercise of
248	248	direct or indirect influence or control other than a shareholder or
249	249	lender of the corporation.
250	250	(b) The department may deny an application for a license or
251	251	suspend or revoke a license on the grounds that a business has
252	252	failed to disclose a relationship for which disclosure is required
253	253	by rules adopted under this section.
254	254	SECTION 1.12. Section 755.025(a), Health and Safety Code,
255	255	is amended to read as follows:
256	256	(a) The executive director shall require each boiler to be
257	257	inspected internally and externally at the time of initial
258	258	installation and at subsequent intervals in accordance with the
259	259	rules for risk-based inspections adopted under Section 51.211,
260	260	Occupations Code [as provided by this section]. The executive
261	261	director may provide that the inspection be performed by any
262	262	inspector.
263	263	SECTION 1.13. Section 755.026(a), Health and Safety Code,
264	264	is amended to read as follows:
265	265	(a) With the approval of the executive director and the
266	266	inspection agency that has jurisdiction for the power boiler, the
267	267	interval between internal inspections may be extended in accordance
268	268	with the rules for risk-based inspections adopted under Section
269	269	51.211, Occupations Code [to a period not exceeding a total of 60
270	270	months. For unfired steam boilers or steam collection or
271	271	liberation drums of process steam generators, the inspection
272	272	interval may be extended to the next scheduled downtime of the
273	273	boiler, but not exceeding a total of:
274	274	[(1) 84 months for unfired steam boilers;
275	275	[(2) 120 months for steam collection or liberation
276	276	drums of process steam generators manufactured before January 1,
277	277	1970; or
278	278	[(3) 144 months for steam collection or liberation
279	279	drums of process steam generators manufactured on or after January
280	280	1, 1970].
281	281	SECTION 1.14. Section 202.505, Occupations Code, is amended
282	282	to read as follows:
283	283	Sec. 202.505. REEXAMINATION IF LICENSE SUSPENDED OR
284	284	REVOKED. The department may refuse to reinstate a license or to
285	285	issue a new license until a podiatrist has passed the regular
286	286	license examination if the commission or executive director
287	287	suspended or revoked the license for:
288	288	(1) failure to satisfy continuing education
289	289	requirements [under Section 202.305]; or
290	290	(2) nonpayment of the license renewal fee.
291	291	SECTION 1.15. Section 402.207(c), Occupations Code, is
292	292	amended to read as follows:
293	293	(c) An apprentice permit holder shall work under the
294	294	supervision of a license holder for at least one year. [During the
295	295	apprentice year, the apprentice permit holder shall complete 20
296	296	hours of classroom continuing education as required by Section
297	297	402.303 for a license holder.]
298	298	SECTION 1.16. Section 402.305, Occupations Code, is amended
299	299	to read as follows:
300	300	Sec. 402.305. CONTINUING EDUCATION EXEMPTIONS. The
301	301	department may renew the license of a license holder who does not
302	302	comply with the applicable continuing education requirements [of
303	303	Section 402.303 or 402.304] if the license holder:
304	304	(1) was licensed for the first time during the 24
305	305	months before the reporting date; or
306	306	(2) submits proof from an attending physician that the
307	307	license holder suffered a serious or disabling illness or physical
308	308	disability that prevented compliance with the continuing education
309	309	requirements during the 24 months before the reporting date.
310	310	SECTION 1.17. Section 802.062(b), Occupations Code, is
311	311	amended to read as follows:
312	312	(b) An [The] inspection by the department must be conducted
313	313	during the facility's normal business hours, and the licensed
314	314	breeder or a representative of the licensed breeder must be given a
315	315	reasonable opportunity to be present during the inspection.
316	316	SECTION 1.18. Section 1152.106, Occupations Code, is
317	317	amended to read as follows:
318	318	Sec. 1152.106. [MEETINGS;] VOTE REQUIRED FOR ACTION. [(a)
319	319	The council shall meet at least semiannually at the call of the
320	320	presiding officer or at the call of a majority of its members.
321	321	[(b)] A decision of the council is not effective unless it
322	322	receives the affirmative vote of at least four members.
323	323	SECTION 1.19. Section 1953.106, Occupations Code, is
324	324	amended to read as follows:
325	325	Sec. 1953.106. RENEWAL OF CERTIFICATE. [(a)] To renew a
326	326	certificate of registration under this chapter, a professional
327	327	sanitarian must:
328	328	(1) pay to the department a renewal fee prescribed by
329	329	the commission by rule; and
330	330	(2) provide proof of completion of any applicable
331	331	continuing education requirements prescribed by the commission by
332	332	rule.
333	333	SECTION 1.20. Section 1958.104, Occupations Code, is
334	334	amended to read as follows:
335	335	Sec. 1958.104. RULES REGARDING LICENSE APPLICATION. The
336	336	commission shall adopt rules regarding a license application. The
337	337	commission shall adopt rules that establish minimum requirements
338	338	for a license, including:
339	339	(1) the type of license;
340	340	(2) the qualifications for the license, including any
341	341	previous training required under Section 1958.106;
342	342	(3) renewal requirements for the license[, including
343	343	ongoing continuing education required under Section 1958.106]; and
344	344	(4) liability insurance requirements for the license.
345	345	SECTION 1.21. Section 1958.106, Occupations Code, is
346	346	amended to read as follows:
347	347	Sec. 1958.106. TRAINING [; CONTINUING EDUCATION]. (a) The
348	348	commission shall adopt rules regarding training required under this
349	349	chapter [and continuing education required for a license holder
350	350	under this chapter].
351	351	(b) The rules may include requirements regarding training
352	352	[and continuing education] providers, including rules
353	353	establishing:
354	354	(1) accreditation by the department;
355	355	(2) curriculum requirements; and
356	356	(3) qualifications.
357	357	SECTION 1.22. Section 2308.159(c), Occupations Code, is
358	358	amended to read as follows:
359	359	(c) A license holder may renew a license issued under this
360	360	chapter by:
361	361	(1) submitting an application on a form prescribed by
362	362	the executive director;
363	363	(2) submitting evidence demonstrating compliance with
364	364	the requirements for the license type as required by this chapter or
365	365	commission rule;
366	366	(3) paying a renewal fee; and
367	367	(4) completing any applicable continuing education
368	368	requirements [as required by Section 2308.157].
369	369	SECTION 1.23. The heading to Section 2308.2065, Occupations
370	370	Code, is amended to read as follows:
371	371	Sec. 2308.2065. FEES FOR NONCONSENT TOWS [; REFUNDS].
372	372	SECTION 1.24. The following provisions are repealed:
373	373	(1) Section 1001.058(h), Education Code;
374	374	(2) Section 469.053(e), Government Code;
375	375	(3) Section 754.012(d), Health and Safety Code;
376	376	(4) Section 754.0174, Health and Safety Code;
377	377	(5) Section 755.016, Health and Safety Code;
378	378	(6) Sections 755.025(b), (c), (d), and (e), Health and
379	379	Safety Code;
380	380	(7) Sections 755.026(c) and (c-1), Health and Safety
381	381	Code;
382	382	(8) Section 51.0021, Occupations Code;
383	383	(9) Section 51.252(d), Occupations Code;
384	384	(10) Section 202.305, Occupations Code;
385	385	(11) Section 202.5085, Occupations Code;
386	386	(12) Section 203.304, Occupations Code;
387	387	(13) Section 203.406, Occupations Code;
388	388	(14) Section 401.355, Occupations Code;
389	389	(15) Section 402.303, Occupations Code;
390	390	(16) Section 403.152, Occupations Code;
391	391	(17) Section 455.0571, Occupations Code;
392	392	(18) Section 506.105, Occupations Code;
393	393	(19) Section 605.261, Occupations Code;
394	394	(20) Section 701.303, Occupations Code;
395	395	(21) Section 701.512, Occupations Code;
396	396	(22) Section 802.062(a), Occupations Code;
397	397	(23) Section 802.065(e), Occupations Code;
398	398	(24) Section 1151.1581, Occupations Code;
399	399	(25) Section 1152.204, Occupations Code;
400	400	(26) Section 1302.208(a), Occupations Code;
401	401	(27) Section 1305.055, Occupations Code;
402	402	(28) Section 1305.168, Occupations Code;
403	403	(29) Section 1901.107(a), Occupations Code;
404	404	(30) Section 1952.1051, Occupations Code;
405	405	(31) Section 1958.056(b), Occupations Code;
406	406	(32) Section 2303.056(b), Occupations Code;
407	407	(33) Section 2308.055, Occupations Code;
408	408	(34) Section 2308.157, Occupations Code;
409	409	(35) Section 2308.2065(c), Occupations Code;
410	410	(36) Section 2309.056, Occupations Code; and
411	411	(37) Section 2309.106(a), Occupations Code.
412	412	SECTION 1.25. (a) Except as provided by Subsection (b) of
413	413	this section, Section 51.054, Occupations Code, as amended by this
414	414	article, applies to a member of the Texas Commission of Licensing
415	415	and Regulation appointed before, on, or after the effective date of
416	416	this Act.
417	417	(b) A member of the Texas Commission of Licensing and
418	418	Regulation who, before the effective date of this Act, completed
419	419	the training program required by Section 51.054, Occupations Code,
420	420	as that law existed before the effective date of this Act, is only
421	421	required to complete additional training on the subjects added by
422	422	this article to the training program required by Section 51.054,
423	423	Occupations Code. A member described by this subsection may not
424	424	vote, deliberate, or be counted as a member in attendance at a
425	425	meeting of the commission held on or after December 1, 2021, until
426	426	the member completes the additional training.
427	427	ARTICLE 2. DEREGULATION
428	428	SECTION 2.01. The following provisions of the Occupations
429	429	Code are repealed:
430	430	(1) Chapter 1703;
431	431	(2) Chapter 1802; and
432	432	(3) Section 2052.002(11-a).
433	433	SECTION 2.02. Articles 18.19(c), (d), and (e), Code of
434	434	Criminal Procedure, are amended to read as follows:
435	435	(c) If there is no prosecution or conviction for an offense
436	436	involving the weapon seized, the magistrate to whom the seizure was
437	437	reported shall, before the 61st day after the date the magistrate
438	438	determines that there will be no prosecution or conviction, notify
439	439	in writing the person found in possession of the weapon that the
440	440	person is entitled to the weapon upon written request to the
441	441	magistrate. The magistrate shall order the weapon returned to the
442	442	person found in possession before the 61st day after the date the
443	443	magistrate receives a request from the person. If the weapon is not
444	444	requested before the 61st day after the date of notification, the
445	445	magistrate shall, before the 121st day after the date of
446	446	notification, order the weapon destroyed, sold at public sale by
447	447	the law enforcement agency holding the weapon or by an auctioneer
448	448	[licensed under Chapter 1802, Occupations Code], or forfeited to
449	449	the state for use by the law enforcement agency holding the weapon
450	450	or by a county forensic laboratory designated by the magistrate. If
451	451	the magistrate does not order the return, destruction, sale, or
452	452	forfeiture of the weapon within the applicable period prescribed by
453	453	this subsection, the law enforcement agency holding the weapon may
454	454	request an order of destruction, sale, or forfeiture of the weapon
455	455	from the magistrate. Only a firearms dealer licensed under 18
456	456	U.S.C. Section 923 may purchase a weapon at public sale under this
457	457	subsection. Proceeds from the sale of a seized weapon under this
458	458	subsection shall be transferred, after the deduction of court costs
459	459	to which a district court clerk is entitled under Article 59.05(f),
460	460	followed by the deduction of auction costs, to the law enforcement
461	461	agency holding the weapon.
462	462	(d) A person either convicted or receiving deferred
463	463	adjudication under Chapter 46, Penal Code, is entitled to the
464	464	weapon seized upon request to the court in which the person was
465	465	convicted or placed on deferred adjudication. However, the court
466	466	entering the judgment shall order the weapon destroyed, sold at
467	467	public sale by the law enforcement agency holding the weapon or by
468	468	an auctioneer [licensed under Chapter 1802, Occupations Code], or
469	469	forfeited to the state for use by the law enforcement agency holding
470	470	the weapon or by a county forensic laboratory designated by the
471	471	court if:
472	472	(1) the person does not request the weapon before the
473	473	61st day after the date of the judgment of conviction or the order
474	474	placing the person on deferred adjudication;
475	475	(2) the person has been previously convicted under
476	476	Chapter 46, Penal Code;
477	477	(3) the weapon is one defined as a prohibited weapon
478	478	under Chapter 46, Penal Code;
479	479	(4) the offense for which the person is convicted or
480	480	receives deferred adjudication was committed in or on the premises
481	481	of a playground, school, video arcade facility, or youth center, as
482	482	those terms are defined by Section 481.134, Health and Safety Code;
483	483	or
484	484	(5) the court determines based on the prior criminal
485	485	history of the defendant or based on the circumstances surrounding
486	486	the commission of the offense that possession of the seized weapon
487	487	would pose a threat to the community or one or more individuals.
488	488	(e) If the person found in possession of a weapon is
489	489	convicted of an offense involving the use of the weapon, before the
490	490	61st day after the date of conviction the court entering judgment of
491	491	conviction shall order destruction of the weapon, sale at public
492	492	sale by the law enforcement agency holding the weapon or by an
493	493	auctioneer [licensed under Chapter 1802, Occupations Code], or
494	494	forfeiture to the state for use by the law enforcement agency
495	495	holding the weapon or by a county forensic laboratory designated by
496	496	the court. If the court entering judgment of conviction does not
497	497	order the destruction, sale, or forfeiture of the weapon within the
498	498	period prescribed by this subsection, the law enforcement agency
499	499	holding the weapon may request an order of destruction, sale, or
500	500	forfeiture of the weapon from a magistrate. Only a firearms dealer
501	501	licensed under 18 U.S.C. Section 923 may purchase a weapon at public
502	502	sale under this subsection. Proceeds from the sale of a seized
503	503	weapon under this subsection shall be transferred, after the
504	504	deduction of court costs to which a district court clerk is entitled
505	505	under Article 59.05(f), followed by the deduction of auction costs,
506	506	to the law enforcement agency holding the weapon.
507	507	SECTION 2.03. Section 54.0405(d), Family Code, is amended
508	508	to read as follows:
509	509	(d) A polygraph examination required as a condition of
510	510	probation under Subsection (a) must be administered by an
511	511	individual who is [:
512	512	[(1)] specified by the local juvenile probation
513	513	department supervising the child [; and
514	514	[(2) licensed as a polygraph examiner under Chapter
515	515	1703, Occupations Code].
516	516	SECTION 2.04. Sections 411.0074(c) and (d), Government
517	517	Code, are amended to read as follows:
518	518	(c) The polygraph examination required by this section may
519	519	only be administered by a polygraph examiner [licensed under
520	520	Chapter 1703, Occupations Code,] who:
521	521	(1) is a peace officer commissioned by the department;
522	522	or
523	523	(2) has a minimum of two years of experience
524	524	conducting preemployment polygraph examinations for a law
525	525	enforcement agency.
526	526	(d) The department and the polygraph examiner shall
527	527	maintain the confidentiality of the results of a polygraph
528	528	examination administered under this section, except that [:
529	529	[(1) the department and the polygraph examiner may
530	530	disclose the results in accordance with Section 1703.306,
531	531	Occupations Code; and
532	532	[(2) notwithstanding Section 1703.306, Occupations
533	533	Code,] the department may disclose any admission of criminal
534	534	conduct made during the course of an examination to another
535	535	appropriate governmental entity.
536	536	SECTION 2.05. Section 245.053(d), Human Resources Code, is
537	537	amended to read as follows:
538	538	(d) A polygraph examination required as a condition of
539	539	release under Subsection (a) must be administered by an individual
540	540	who is [:
541	541	[(1)] specified by the department [; and
542	542	[(2) licensed as a polygraph examiner under Chapter
543	543	1703, Occupations Code].
544	544	SECTION 2.06. Section 252.022(a), Local Government Code, is
545	545	amended to read as follows:
546	546	(a) This chapter does not apply to an expenditure for:
547	547	(1) a procurement made because of a public calamity
548	548	that requires the immediate appropriation of money to relieve the
549	549	necessity of the municipality's residents or to preserve the
550	550	property of the municipality;
551	551	(2) a procurement necessary to preserve or protect the
552	552	public health or safety of the municipality's residents;
553	553	(3) a procurement necessary because of unforeseen
554	554	damage to public machinery, equipment, or other property;
555	555	(4) a procurement for personal, professional, or
556	556	planning services;
557	557	(5) a procurement for work that is performed and paid
558	558	for by the day as the work progresses;
559	559	(6) a purchase of land or a right-of-way;
560	560	(7) a procurement of items that are available from
561	561	only one source, including:
562	562	(A) items that are available from only one source
563	563	because of patents, copyrights, secret processes, or natural
564	564	monopolies;
565	565	(B) films, manuscripts, or books;
566	566	(C) gas, water, and other utility services;
567	567	(D) captive replacement parts or components for
568	568	equipment;
569	569	(E) books, papers, and other library materials
570	570	for a public library that are available only from the persons
571	571	holding exclusive distribution rights to the materials; and
572	572	(F) management services provided by a nonprofit
573	573	organization to a municipal museum, park, zoo, or other facility to
574	574	which the organization has provided significant financial or other
575	575	benefits;
576	576	(8) a purchase of rare books, papers, and other
577	577	library materials for a public library;
578	578	(9) paving drainage, street widening, and other public
579	579	improvements, or related matters, if at least one-third of the cost
580	580	is to be paid by or through special assessments levied on property
581	581	that will benefit from the improvements;
582	582	(10) a public improvement project, already in
583	583	progress, authorized by the voters of the municipality, for which
584	584	there is a deficiency of funds for completing the project in
585	585	accordance with the plans and purposes authorized by the voters;
586	586	(11) a payment under a contract by which a developer
587	587	participates in the construction of a public improvement as
588	588	provided by Subchapter C, Chapter 212;
589	589	(12) personal property sold:
590	590	(A) at an auction [by a state licensed
591	591	auctioneer];
592	592	(B) at a going out of business sale held in
593	593	compliance with Subchapter F, Chapter 17, Business & Commerce Code;
594	594	(C) by a political subdivision of this state, a
595	595	state agency of this state, or an entity of the federal government;
596	596	or
597	597	(D) under an interlocal contract for cooperative
598	598	purchasing administered by a regional planning commission
599	599	established under Chapter 391;
600	600	(13) services performed by blind or severely disabled
601	601	persons;
602	602	(14) goods purchased by a municipality for subsequent
603	603	retail sale by the municipality;
604	604	(15) electricity; or
605	605	(16) advertising, other than legal notices.
606	606	SECTION 2.07. Section 262.024(a), Local Government Code, is
607	607	amended to read as follows:
608	608	(a) A contract for the purchase of any of the following
609	609	items is exempt from the requirement established by Section 262.023
610	610	if the commissioners court by order grants the exemption:
611	611	(1) an item that must be purchased in a case of public
612	612	calamity if it is necessary to make the purchase promptly to relieve
613	613	the necessity of the citizens or to preserve the property of the
614	614	county;
615	615	(2) an item necessary to preserve or protect the
616	616	public health or safety of the residents of the county;
617	617	(3) an item necessary because of unforeseen damage to
618	618	public property;
619	619	(4) a personal or professional service;
620	620	(5) any individual work performed and paid for by the
621	621	day, as the work progresses, provided that no individual is
622	622	compensated under this subsection for more than 20 working days in
623	623	any three month period;
624	624	(6) any land or right-of-way;
625	625	(7) an item that can be obtained from only one source,
626	626	including:
627	627	(A) items for which competition is precluded
628	628	because of the existence of patents, copyrights, secret processes,
629	629	or monopolies;
630	630	(B) films, manuscripts, or books;
631	631	(C) electric power, gas, water, and other utility
632	632	services; and
633	633	(D) captive replacement parts or components for
634	634	equipment;
635	635	(8) an item of food;
636	636	(9) personal property sold:
637	637	(A) at an auction [by a state licensed
638	638	auctioneer];
639	639	(B) at a going out of business sale held in
640	640	compliance with Subchapter F, Chapter 17, Business & Commerce Code;
641	641	or
642	642	(C) by a political subdivision of this state, a
643	643	state agency of this state, or an entity of the federal government;
644	644	(10) any work performed under a contract for community
645	645	and economic development made by a county under Section 381.004; or
646	646	(11) vehicle and equipment repairs.
647	647	SECTION 2.08. Section 263.153(c), Local Government Code, is
648	648	amended to read as follows:
649	649	(c) A county that contracts with an auctioneer [licensed
650	650	under Chapter 1802, Occupations Code,] who uses an Internet auction
651	651	site offering online bidding through the Internet to sell surplus
652	652	or salvage property under this subchapter having an estimated value
653	653	of not more than $500 shall satisfy the notice requirement under
654	654	this section by posting the property on the site for at least 10
655	655	days unless the property is sold before the 10th day.
656	656	SECTION 2.09. Section 1101.005, Occupations Code, is
657	657	amended to read as follows:
658	658	Sec. 1101.005. APPLICABILITY OF CHAPTER. This chapter
659	659	does not apply to:
660	660	(1) an attorney licensed in this state;
661	661	(2) an attorney-in-fact authorized under a power of
662	662	attorney to conduct not more than three real estate transactions
663	663	annually;
664	664	(3) a public official while engaged in official
665	665	duties;
666	666	(4) an auctioneer [licensed under Chapter 1802] while
667	667	conducting the sale of real estate by auction if the auctioneer does
668	668	not perform another act of a broker;
669	669	(5) a person conducting a real estate transaction
670	670	under a court order or the authority of a will or written trust
671	671	instrument;
672	672	(6) a person employed by an owner in the sale of
673	673	structures and land on which structures are located if the
674	674	structures are erected by the owner in the course of the owner's
675	675	business;
676	676	(7) an on-site manager of an apartment complex;
677	677	(8) an owner or the owner's employee who leases the
678	678	owner's improved or unimproved real estate; or
679	679	(9) a transaction involving:
680	680	(A) the sale, lease, or transfer of a mineral or
681	681	mining interest in real property;
682	682	(B) the sale, lease, or transfer of a cemetery
683	683	lot;
684	684	(C) the lease or management of a hotel or motel;
685	685	or
686	686	(D) the sale of real property under a power of
687	687	sale conferred by a deed of trust or other contract lien.
688	688	SECTION 2.10. Section 2052.107, Occupations Code, is
689	689	amended to read as follows:
690	690	Sec. 2052.107. OTHER COMBATIVE SPORTS LICENSES. Unless a
691	691	person holds a license or registration issued under this chapter,
692	692	the person may not act as a combative sports:
693	693	(1) professional contestant;
694	694	(2) manager of a professional contestant;
695	695	(3) referee; or
696	696	(4) judge [;
697	697	[(5) second;
698	698	[(6) matchmaker; or
699	699	[(7) event coordinator].
700	700	SECTION 2.11. Sections 33.25(b), (f), and (g), Tax Code,
701	701	are amended to read as follows:
702	702	(b) The commissioners court of a county having a population
703	703	of three million or more by official action may authorize a peace
704	704	officer or the collector for the county charged with selling
705	705	property under this subchapter by public auction to enter into an
706	706	agreement with an auctioneer [a person who holds an auctioneer's
707	707	license] to advertise the auction sale of the property and to
708	708	conduct the auction sale of the property. The agreement may provide
709	709	for on-line bidding and sale.
710	710	(f) The proceeds of a sale of property under this section
711	711	shall be applied to:
712	712	(1) any compensation owed to or any expense advanced
713	713	by the [licensed] auctioneer under an agreement entered into under
714	714	Subsection (b) or a service provider under an agreement entered
715	715	into under Subsection (c);
716	716	(2) all usual costs, expenses, and fees of the seizure
717	717	and sale, payable to the peace officer conducting the sale;
718	718	(3) all additional expenses incurred in advertising
719	719	the sale or in removing, storing, preserving, or safeguarding the
720	720	seized property pending its sale;
721	721	(4) all usual court costs payable to the clerk of the
722	722	court that issued the tax warrant; and
723	723	(5) taxes, penalties, interest, and attorney's fees
724	724	included in the application for warrant.
725	725	(g) The peace officer or [licensed] auctioneer conducting
726	726	the sale shall pay all proceeds from the sale to the collector
727	727	designated in the tax warrant for distribution as required by
728	728	Subsection (f).
729	729	SECTION 2.12. Section 460.406(c), Transportation Code, is
730	730	amended to read as follows:
731	731	(c) The board of directors may authorize the negotiation of
732	732	a contract without competitive sealed bids or proposals if:
733	733	(1) the aggregate amount involved in the contract is
734	734	less than the greater of:
735	735	(A) $50,000; or
736	736	(B) the amount of an expenditure under a contract
737	737	that would require a municipality to comply with Section
738	738	252.021(a), Local Government Code;
739	739	(2) the contract is for construction for which not
740	740	more than one bid or proposal is received;
741	741	(3) the contract is for services or property for which
742	742	there is only one source or for which it is otherwise impracticable
743	743	to obtain competition, including:
744	744	(A) items that are available from only one source
745	745	because of patents, copyrights, secret processes, or natural
746	746	monopolies;
747	747	(B) gas, water, and other utility services; and
748	748	(C) captive replacement parts or components for
749	749	equipment;
750	750	(4) the contract is to respond to an emergency for
751	751	which the public exigency does not permit the delay incident to the
752	752	competitive process;
753	753	(5) the contract is for personal, professional, or
754	754	planning services;
755	755	(6) the contract, without regard to form and which may
756	756	include bonds, notes, loan agreements, or other obligations, is for
757	757	the purpose of borrowing money or is a part of a transaction
758	758	relating to the borrowing of money, including:
759	759	(A) a credit support agreement, such as a line or
760	760	letter of credit or other debt guaranty;
761	761	(B) a bond, note, debt sale or purchase, trustee,
762	762	paying agent, remarketing agent, indexing agent, or similar
763	763	agreement;
764	764	(C) an agreement with a securities dealer,
765	765	broker, or underwriter; and
766	766	(D) any other contract or agreement considered by
767	767	the board of directors to be appropriate or necessary in support of
768	768	the authority's financing activities;
769	769	(7) the contract is for work that is performed and paid
770	770	for by the day as the work progresses;
771	771	(8) the contract is for the lease or purchase of an
772	772	interest in land;
773	773	(9) the contract is for the purchase of personal
774	774	property sold:
775	775	(A) at an auction [by a state licensed
776	776	auctioneer];
777	777	(B) at a going out of business sale held in
778	778	compliance with Subchapter F, Chapter 17, Business & Commerce Code;
779	779	or
780	780	(C) by a political subdivision of this state, a
781	781	state agency, or an entity of the federal government;
782	782	(10) the contract is for services performed by persons
783	783	who are blind or have severe disabilities;
784	784	(11) the contract is for the purchase of electricity;
785	785	(12) the contract is one for an authority project and
786	786	awarded for alternate project delivery using the procedures,
787	787	requirements, and limitations under Subchapters E, F, G, H, and I,
788	788	Chapter 2269, Government Code; or
789	789	(13) the contract is for fare enforcement officer
790	790	services under Section 460.1092.
791	791	SECTION 2.13. Sections 503.024(b) and (d), Transportation
792	792	Code, are amended to read as follows:
793	793	(b) For the purposes of Section 503.021, a person is not
794	794	engaging in business as a dealer by:
795	795	(1) selling or offering to sell, if the sale or offer
796	796	is not made to avoid a requirement of this chapter, a vehicle the
797	797	person acquired for personal or business use to:
798	798	(A) a person other than a retail buyer if not sold
799	799	or offered through an [a licensed] auctioneer; or
800	800	(B) any person if the sale or offer is made
801	801	through an [a licensed] auctioneer;
802	802	(2) selling, in a manner provided by law for the forced
803	803	sale of vehicles, a vehicle in which the person holds a security
804	804	interest;
805	805	(3) acting under a court order as a receiver, trustee,
806	806	administrator, executor, guardian, or other appointed person;
807	807	(4) selling a vehicle the person acquired from the
808	808	vehicle's owner as a result of paying an insurance claim if the
809	809	person is an insurance company;
810	810	(5) selling an antique passenger car or truck that is
811	811	at least 25 years of age; or
812	812	(6) selling a special interest vehicle that is at
813	813	least 12 years of age if the person is a collector.
814	814	(d) For the purposes of Section 503.021, an [a licensed]
815	815	auctioneer is not engaging in business as a dealer by, as a bid
816	816	caller, selling or offering to sell property, including a business
817	817	that holds the title to any number of vehicles, to the highest
818	818	bidder at a bona fide auction if:
819	819	(1) legal or equitable title does not pass to the
820	820	auctioneer;
821	821	(2) the auction is not held to avoid a requirement of
822	822	this chapter; and
823	823	(3) for an auction of vehicles owned legally or
824	824	equitably by a person who holds a general distinguishing number,
825	825	the auction is conducted at the location for which the general
826	826	distinguishing number was issued.
827	827	SECTION 2.14. On the effective date of this Act:
828	828	(1) the Polygraph Advisory Committee is abolished;
829	829	(2) the Auctioneer Advisory Board is abolished; and
830	830	(3) money in the auctioneer education and recovery
831	831	fund is transferred to the general revenue fund.
832	832	SECTION 2.15. On the effective date of this Act, a pending
833	833	regulatory action, including a complaint investigation,
834	834	disciplinary action, or administrative penalty proceeding, of the
835	835	Texas Department of Licensing and Regulation with respect to a
836	836	license, permit, or certification issued under a law repealed by
837	837	this article, is terminated.
838	838	SECTION 2.16. On the effective date of this Act, a license,
839	839	permit, or certification issued under a law repealed by this
840	840	article expires.
841	841	ARTICLE 3. BARBERING AND COSMETOLOGY
842	842	SECTION 3.01. Section 1603.001, Occupations Code, is
843	843	amended to read as follows:
844	844	Sec. 1603.001. GENERAL DEFINITIONS. [(a)] In this
845	845	chapter:
846	846	(1) "Advisory board" means the Barbering and
847	847	Cosmetology Advisory Board.
848	848	(2) "Commission" means the Texas Commission of
849	849	Licensing and Regulation.
850	850	(3) [(2)] "Department" means the Texas Department of
851	851	Licensing and Regulation.
852	852	(4) "Establishment" means a place that holds a license
853	853	issued under Subchapter E-2 in which barbering or cosmetology is
854	854	practiced.
855	855	(5) [(3)] "Executive director" means the executive
856	856	director of the department.
857	857	(6) "Manager" means the person who controls or directs
858	858	the business of an establishment or directs the work of a person
859	859	employed in an establishment.
860	860	(7) "School" means a place that holds a license issued
861	861	under Subchapter E-3 to teach barbering or cosmetology.
862	862	[(b) Unless the context clearly indicates otherwise, the
863	863	definitions in Chapters 1601 and 1602 apply to this chapter.]
864	864	SECTION 3.02. Subchapter A, Chapter 1603, Occupations Code,
865	865	is amended by adding Sections 1603.0011, 1603.0012, 1603.0013, and
866	866	1603.0014 to read as follows:
867	867	Sec. 1603.0011. DEFINITION OF BARBERING. In this chapter,
868	868	"barbering" means:
869	869	(1) the practice of performing or offering or
870	870	attempting to perform for compensation or the promise of
871	871	compensation any of the following services:
872	872	(A) treating a person's mustache or beard by
873	873	arranging, beautifying, coloring, processing, shaving, styling, or
874	874	trimming;
875	875	(B) treating a person's hair by:
876	876	(i) arranging, beautifying, bleaching,
877	877	cleansing, coloring, curling, dressing, dyeing, processing,
878	878	shaping, singeing, straightening, styling, tinting, or waving;
879	879	(ii) providing a necessary service that is
880	880	preparatory or ancillary to a service under Subparagraph (i),
881	881	including bobbing, clipping, cutting, or trimming; or
882	882	(iii) cutting the person's hair as a
883	883	separate and independent service for which a charge is directly or
884	884	indirectly made separately from a charge for any other service;
885	885	(C) cleansing, stimulating, or massaging a
886	886	person's scalp, face, neck, arms, or shoulders:
887	887	(i) by hand or by using a device, apparatus,
888	888	or appliance; and
889	889	(ii) with or without the use of any cosmetic
890	890	preparation, antiseptic, tonic, lotion, or cream;
891	891	(D) beautifying a person's face, neck, arms, or
892	892	shoulders using a cosmetic preparation, antiseptic, tonic, lotion,
893	893	powder, oil, clay, cream, or appliance;
894	894	(E) treating a person's nails by:
895	895	(i) cutting, trimming, polishing, tinting,
896	896	coloring, cleansing, manicuring, or pedicuring; or
897	897	(ii) attaching false nails;
898	898	(F) massaging, cleansing, treating, or
899	899	beautifying a person's hands;
900	900	(G) administering facial treatments; or
901	901	(H) weaving a person's hair by using any method
902	902	to attach commercial hair to a person's hair or scalp;
903	903	(2) advertising or representing to the public in any
904	904	manner that a person is a barber or is authorized to practice
905	905	barbering; or
906	906	(3) advertising or representing to the public in any
907	907	manner that a location or place of business is an establishment or
908	908	school.
909	909	Sec. 1603.0012. DEFINITION OF COSMETOLOGY. (a) In this
910	910	chapter, "cosmetology" means the practice of performing or offering
911	911	to perform for compensation any of the following services:
912	912	(1) treating a person's hair by:
913	913	(A) providing any method of treatment as a
914	914	primary service, including arranging, beautifying, bleaching,
915	915	cleansing, coloring, cutting, dressing, dyeing, processing,
916	916	shaping, singeing, straightening, styling, tinting, or waving;
917	917	(B) providing a necessary service that is
918	918	preparatory or ancillary to a service under Paragraph (A),
919	919	including bobbing, clipping, cutting, or trimming a person's hair
920	920	or shaving a person's neck with a safety razor; or
921	921	(C) cutting the person's hair as a separate and
922	922	independent service for which a charge is directly or indirectly
923	923	made separately from charges for any other service;
924	924	(2) treating a person's mustache or beard by
925	925	arranging, beautifying, coloring, processing, styling, trimming,
926	926	or shaving with a safety razor;
927	927	(3) cleansing, stimulating, or massaging a person's
928	928	scalp, face, neck, or arms:
929	929	(A) by hand or by using a device, apparatus, or
930	930	appliance; and
931	931	(B) with or without the use of any cosmetic
932	932	preparation, antiseptic, tonic, lotion, or cream;
933	933	(4) beautifying a person's face, neck, or arms using a
934	934	cosmetic preparation, antiseptic, tonic, lotion, powder, oil,
935	935	clay, cream, or appliance;
936	936	(5) administering facial treatments;
937	937	(6) removing superfluous hair from a person's body
938	938	using depilatories, preparations or chemicals, tweezers, or other
939	939	devices or appliances of any kind or description;
940	940	(7) treating a person's nails by:
941	941	(A) cutting, trimming, polishing, tinting,
942	942	coloring, cleansing, or manicuring; or
943	943	(B) attaching false nails;
944	944	(8) massaging, cleansing, treating, or beautifying a
945	945	person's hands or feet;
946	946	(9) applying semipermanent, thread-like extensions
947	947	composed of single fibers to a person's eyelashes; or
948	948	(10) weaving a person's hair.
949	949	(b) In this section, "safety razor" means a razor that is
950	950	fitted with a guard close to the cutting edge of the razor that is
951	951	intended to:
952	952	(1) prevent the razor from cutting too deeply; and
953	953	(2) reduce the risk and incidence of accidental cuts.
954	954	Sec. 1603.0013. SERVICES NOT CONSTITUTING BARBERING OR
955	955	COSMETOLOGY. Barbering and cosmetology do not include:
956	956	(1) threading, which involves removing unwanted hair
957	957	from a person by using a piece of thread that is looped around the
958	958	hair and pulled to remove the hair and includes the incidental
959	959	trimming of eyebrow hair; or
960	960	(2) servicing a person's wig, toupee, or artificial
961	961	hairpiece on a person's head or on a block after the initial retail
962	962	sale in any manner described by:
963	963	(A) Section 1603.0011(1)(B); or
964	964	(B) Section 1603.0012(a)(1).
965	965	Sec. 1603.0014. APPLICATION OF CHAPTER. This chapter does
966	966	not apply to a person who:
967	967	(1) does not represent or advertise to the public
968	968	directly or indirectly that the person is authorized by the
969	969	department to practice barbering or cosmetology and the person is:
970	970	(A) licensed in this state to practice medicine,
971	971	dentistry, podiatry, chiropractic, or nursing and operating within
972	972	the scope of the person's license;
973	973	(B) a commissioned or authorized medical or
974	974	surgical officer of the United States armed forces; or
975	975	(C) an inmate in the institutional division of
976	976	the Texas Department of Criminal Justice who performs barbering or
977	977	cosmetology during the person's incarceration;
978	978	(2) provides a service in an emergency;
979	979	(3) is in the business of or receives compensation for
980	980	makeup applications only;
981	981	(4) provides a cosmetic service as a volunteer or an
982	982	employee performing regular duties at a licensed nursing or
983	983	convalescent custodial or personal care home to a patient residing
984	984	in the home;
985	985	(5) owns, operates, or manages a licensed nursing or
986	986	convalescent custodial or personal care home that allows a person
987	987	with an operator license to perform cosmetic services for patients
988	988	residing in the home on an occasional but not daily basis;
989	989	(6) provides an incidental cosmetic service, or owns,
990	990	operates, or manages the location where that service is provided,
991	991	if the primary purpose of the service is to enable or assist the
992	992	recipient of the service to participate as the subject of:
993	993	(A) a photographic sitting at a permanent
994	994	establishment that charges a fee exclusively for a photographic
995	995	sitting;
996	996	(B) a television appearance; or
997	997	(C) the filming of a motion picture; or
998	998	(7) performs only natural hair braiding, including
999	999	braiding a person's hair, trimming hair extensions only as
1000	1000	applicable to the braiding process, and attaching commercial hair
1001	1001	by braiding and without the use of chemicals or adhesives.
1002	1002	SECTION 3.03. Section 1603.002, Occupations Code, is
1003	1003	amended to read as follows:
1004	1004	Sec. 1603.002. REGULATION OF BARBERING AND COSMETOLOGY BY
1005	1005	DEPARTMENT OF LICENSING AND REGULATION. The department shall
1006	1006	administer this chapter [and Chapters 1601 and 1602. A reference
1007	1007	in this chapter to the commission's or department's powers or duties
1008	1008	applies only in relation to those chapters, except that this
1009	1009	section does not limit the department's or commission's general
1010	1010	powers under Chapter 51].
1011	1011	SECTION 3.04. Subchapter B, Chapter 1603, Occupations Code,
1012	1012	is amended to read as follows:
1013	1013	SUBCHAPTER B. [ADVISORY BOARDS FOR] BARBERING AND COSMETOLOGY
1014	1014	ADVISORY BOARD
1015	1015	Sec. 1603.051. ADVISORY BOARD; MEMBERSHIP. The Barbering
1016	1016	and Cosmetology Advisory Board consists of nine members appointed
1017	1017	by the presiding officer of the commission, with the commission's
1018	1018	approval, as follows:
1019	1019	(1) four members who each hold an individual
1020	1020	practitioner license under Subchapter E-1, including:
1021	1021	(A) at least one holder of a Class A barber
1022	1022	license; and
1023	1023	(B) at least one holder of a cosmetology operator
1024	1024	license;
1025	1025	(2) two members who each hold an establishment
1026	1026	license;
1027	1027	(3) two members who each hold a school license; and
1028	1028	(4) one member who represents the public.
1029	1029	Sec. 1603.052. DUTIES OF ADVISORY BOARD. (a) The advisory
1030	1030	board [boards established under Chapters 1601 and 1602] shall
1031	1031	advise the commission and the department on:
1032	1032	(1) education and curricula for applicants;
1033	1033	(2) the content of examinations;
1034	1034	(3) proposed rules and standards on technical issues
1035	1035	related to barbering and cosmetology; and
1036	1036	(4) other issues affecting [administering this
1037	1037	chapter and Chapters 1601 and 1602 regarding] barbering and [or]
1038	1038	cosmetology[, as applicable].
1039	1039	(b) The advisory board shall respond to questions from the
1040	1040	commission and the department regarding barbering and cosmetology.
1041	1041	Sec. 1603.053. TERMS; VACANCY. (a) Members of the
1042	1042	advisory board serve staggered six-year terms, with the terms of
1043	1043	three members expiring January 31 of each odd-numbered year.
1044	1044	(b) If a vacancy occurs during a member's term, the
1045	1045	presiding officer of the commission, with the commission's
1046	1046	approval, shall appoint a replacement to fill the unexpired term.
1047	1047	Sec. 1603.054. PRESIDING OFFICER; TERM. (a) Subject to
1048	1048	Subsection (b), the presiding officer of the commission shall
1049	1049	designate a member of the advisory board to serve as the presiding
1050	1050	officer of the advisory board for a two-year term.
1051	1051	(b) The presiding officer of the commission shall designate
1052	1052	each member of the advisory board who represents the public to serve
1053	1053	as the presiding officer of the advisory board for at least one
1054	1054	term.
1055	1055	SECTION 3.05. Section 1603.101, Occupations Code, is
1056	1056	amended to read as follows:
1057	1057	Sec. 1603.101. RULES. The commission shall adopt rules
1058	1058	consistent with this chapter for[:
1059	1059	[(1)] the administration of this chapter and the
1060	1060	operations of the department in regulating barbering and
1061	1061	cosmetology[; and
1062	1062	[(2) the administration of Chapters 1601 and 1602].
1063	1063	SECTION 3.06. Section 1603.103(a), Occupations Code, is
1064	1064	amended to read as follows:
1065	1065	(a) Until the department determines, by inspection, that
1066	1066	the person has established the school in compliance with this
1067	1067	chapter, [Chapter 1601, or Chapter 1602,] a person may not operate a
1068	1068	school licensed [or permitted] under this chapter[, Chapter 1601,
1069	1069	or Chapter 1602].
1070	1070	SECTION 3.07. Sections 1603.104(a) and (d), Occupations
1071	1071	Code, are amended to read as follows:
1072	1072	(a) The department may enter and inspect at any time during
1073	1073	business hours:
1074	1074	(1) the place of business of any person regulated
1075	1075	under this chapter[, Chapter 1601, or Chapter 1602]; or
1076	1076	(2) any place in which the department has reasonable
1077	1077	cause to believe that a [certificate,] license[,] or permit holder
1078	1078	is practicing in violation of this chapter[, Chapter 1601, or
1079	1079	Chapter 1602] or in violation of a rule or order of the commission
1080	1080	or executive director.
1081	1081	(d) An inspector who discovers a violation of this chapter[,
1082	1082	Chapter 1601, or Chapter 1602] or of a rule or order of the
1083	1083	commission or executive director shall:
1084	1084	(1) provide written notice of the violation to the
1085	1085	license[, certificate,] or permit holder on a form prescribed by
1086	1086	the department; and
1087	1087	(2) file a complaint with the executive director.
1088	1088	SECTION 3.08. Section 1603.1045, Occupations Code, is
1089	1089	amended to read as follows:
1090	1090	Sec. 1603.1045. CONTRACT TO PERFORM INSPECTIONS. The
1091	1091	department may contract with a person to perform for the department
1092	1092	inspections of a school or establishment [, shop, or other facility
1093	1093	under this chapter, Chapter 1601, or Chapter 1602].
1094	1094	SECTION 3.09. Subchapter C, Chapter 1603, Occupations Code,
1095	1095	is amended by adding Section 1603.106 to read as follows:
1096	1096	Sec. 1603.106. CERTAIN BUILDING AND FACILITY STANDARDS
1097	1097	PROHIBITED. The commission may not establish building or facility
1098	1098	standards for a school that are not related to health and safety,
1099	1099	including a requirement that a building or facility of the school
1100	1100	have a specific:
1101	1101	(1) square footage of floor space;
1102	1102	(2) number of chairs; or
1103	1103	(3) number of sinks.
1104	1104	SECTION 3.10. Section 1603.151, Occupations Code, is
1105	1105	amended to read as follows:
1106	1106	Sec. 1603.151. NOTIFICATION OF PUBLIC INTEREST INFORMATION
1107	1107	AND PARTICIPATION. The commission by rule shall establish methods
1108	1108	by which consumers and service recipients are notified of the name,
1109	1109	mailing address, and telephone number of the department for the
1110	1110	purpose of directing complaints to the department regarding
1111	1111	barbering and cosmetology. The department may provide for that
1112	1112	notice:
1113	1113	(1) on each registration form, application, or written
1114	1114	contract for services of a person regulated under this chapter[,
1115	1115	Chapter 1601, or Chapter 1602];
1116	1116	(2) on a sign prominently displayed in the place of
1117	1117	business of each person regulated under this chapter[, Chapter
1118	1118	1601, or Chapter 1602]; or
1119	1119	(3) in a bill for service provided by a person
1120	1120	regulated under this chapter[, Chapter 1601, or Chapter 1602].
1121	1121	SECTION 3.11. The heading to Subchapter E, Chapter 1603,
1122	1122	Occupations Code, is amended to read as follows:
1123	1123	SUBCHAPTER E. GENERAL [CERTIFICATE,] LICENSE[,] AND PERMIT
1124	1124	PROVISIONS [REQUIREMENTS]
1125	1125	SECTION 3.12. Subchapter E, Chapter 1603, Occupations Code,
1126	1126	is amended by adding Section 1603.2001 to read as follows:
1127	1127	Sec. 1603.2001. RULES FOR ISSUANCE OF LICENSE OR PERMIT.
1128	1128	(a) The commission by rule shall establish requirements for the
1129	1129	issuance of:
1130	1130	(1) a license for an individual practitioner,
1131	1131	establishment, or school; and
1132	1132	(2) a student permit.
1133	1133	(b) A requirement established for the issuance of a license
1134	1134	must be the least restrictive requirement possible to ensure public
1135	1135	safety without creating a barrier to entry into the licensed
1136	1136	occupation.
1137	1137	(c) Requirements established under this section:
1138	1138	(1) for an individual practitioner specialty license
1139	1139	may not be more stringent than requirements for a Class A barber
1140	1140	license or a cosmetology operator license; and
1141	1141	(2) for a specialty establishment license may not be
1142	1142	more stringent than requirements for an establishment license.
1143	1143	(d) The commission, as appropriate, shall establish
1144	1144	standardized requirements within license categories.
1145	1145	SECTION 3.13. Sections 1603.201 and 1603.202, Occupations
1146	1146	Code, are amended to read as follows:
1147	1147	Sec. 1603.201. APPLICATION FORM. An application for a
1148	1148	[certificate,] license[,] or permit under this chapter must be made
1149	1149	on a form prescribed [and provided] by the department.
1150	1150	Sec. 1603.202. DUPLICATE [CERTIFICATE,] LICENSE[,] OR
1151	1151	PERMIT. The department shall issue a duplicate [certificate,]
1152	1152	license[,] or permit to an applicant who:
1153	1153	(1) submits an application for a duplicate
1154	1154	[certificate,] license[,] or permit to the department; and
1155	1155	(2) pays the required fee.
1156	1156	SECTION 3.14. Subchapter E, Chapter 1603, Occupations Code,
1157	1157	is amended by adding Section 1603.2025 to read as follows:
1158	1158	Sec. 1603.2025. TEMPORARY LICENSE. (a) The department may
1159	1159	issue a temporary license.
1160	1160	(b) The commission by rule may establish requirements for
1161	1161	the issuance of a temporary license.
1162	1162	(c) A temporary license expires on the 60th day after the
1163	1163	date the license is issued. A temporary license may not be renewed.
1164	1164	SECTION 3.15. Sections 1603.203 and 1603.204, Occupations
1165	1165	Code, are amended to read as follows:
1166	1166	Sec. 1603.203. PROVISIONAL [CERTIFICATE OR] LICENSE. (a)
1167	1167	The department may issue a provisional [certificate or] license to
1168	1168	an applicant currently licensed in another jurisdiction who seeks a
1169	1169	[certificate or] license in this state and who:
1170	1170	(1) has been licensed in good standing in the
1171	1171	profession for which the person seeks the [certificate or] license
1172	1172	for at least two years in another jurisdiction, including a foreign
1173	1173	country, that has requirements substantially equivalent to the
1174	1174	requirements of this chapter [, Chapter 1601, or Chapter 1602, as
1175	1175	appropriate]; and
1176	1176	(2) has passed a national or other examination
1177	1177	recognized by the commission relating to the practice of that
1178	1178	profession.
1179	1179	(b) A provisional [certificate or] license is valid until
1180	1180	the date the department approves or denies the provisional
1181	1181	[certificate or] license holder's application. The department
1182	1182	shall issue a [certificate or] license to the provisional
1183	1183	[certificate or] license holder if:
1184	1184	(1) the provisional [certificate or] license holder is
1185	1185	eligible to hold a [certificate or] license under this chapter
1186	1186	[Chapter 1601 or Chapter 1602]; or
1187	1187	(2) the provisional [certificate or] license holder
1188	1188	passes the part of the examination [under Chapter 1601 or Chapter
1189	1189	1602] that relates to the applicant's knowledge and understanding
1190	1190	of the laws and rules relating to the practice of the profession in
1191	1191	this state and:
1192	1192	(A) the department verifies that the provisional
1193	1193	[certificate or] license holder meets the academic and experience
1194	1194	requirements for the [certificate or] license; and
1195	1195	(B) the provisional [certificate or] license
1196	1196	holder satisfies any other [certificate or] license requirements.
1197	1197	(c) The department must approve or deny a provisional
1198	1198	[certificate or] license holder's application for a [certificate
1199	1199	or] license not later than the 180th day after the date the
1200	1200	provisional [certificate or] license is issued. The department may
1201	1201	extend the 180-day period if the results of an examination have not
1202	1202	been received by the department before the end of that period.
1203	1203	Sec. 1603.204. RECIPROCAL [CERTIFICATE,] LICENSE[, OR
1204	1204	PERMIT]. (a) A person who holds a license[, certificate, or
1205	1205	permit] to practice barbering or cosmetology from another state or
1206	1206	country that has standards or work experience requirements that are
1207	1207	substantially equivalent to the requirements of this chapter [,
1208	1208	Chapter 1601, or Chapter 1602] may apply for a license[,
1209	1209	certificate, or permit] to perform the same acts of barbering or
1210	1210	cosmetology in this state that the person practiced in the other
1211	1211	state or country.
1212	1212	(b) The person must:
1213	1213	(1) submit an application for the license[,
1214	1214	certificate, or permit] to the department; and
1215	1215	(2) pay fees in an amount prescribed by the
1216	1216	commission, including any applicable license[, certificate, or
1217	1217	permit] fee.
1218	1218	(c) A person issued a license[, certificate, or permit]
1219	1219	under this section:
1220	1220	(1) may perform the acts of barbering or cosmetology
1221	1221	stated on the license[, certificate, or permit]; and
1222	1222	(2) is subject to the renewal procedures and fees
1223	1223	provided in this chapter [, Chapter 1601, or Chapter 1602] for the
1224	1224	performance of those acts of barbering or cosmetology.
1225	1225	SECTION 3.16. Subchapter E, Chapter 1603, Occupations Code,
1226	1226	is amended by adding Sections 1603.2041 and 1603.2042 to read as
1227	1227	follows:
1228	1228	Sec. 1603.2041. INACTIVE STATUS. (a) The holder of a
1229	1229	license issued under this chapter may place the license on inactive
1230	1230	status by:
1231	1231	(1) applying to the commission on a form prescribed by
1232	1232	the commission not later than the 10th day before the date the
1233	1233	license expires; and
1234	1234	(2) paying the required fee.
1235	1235	(b) The holder of a license that has been placed on inactive
1236	1236	status under this section is not required to comply with any
1237	1237	continuing education requirements established by the commission
1238	1238	under this chapter.
1239	1239	(c) To maintain inactive status, the holder of a license
1240	1240	must reapply for inactive status on or before the second
1241	1241	anniversary of the date the status is granted by submitting the
1242	1242	required form accompanied by the required renewal fee.
1243	1243	(d) The holder of a license to practice barbering or
1244	1244	cosmetology that has been placed on inactive status under this
1245	1245	section may not perform or attempt to perform the practice of
1246	1246	barbering or cosmetology.
1247	1247	(e) A person whose license is on inactive status under this
1248	1248	section may return the person's license to active status by:
1249	1249	(1) applying to the commission for reinstatement of
1250	1250	the license on the form prescribed by the commission;
1251	1251	(2) submitting written documentation that the person
1252	1252	has completed any applicable continuing education requirements
1253	1253	under this chapter within the preceding two years; and
1254	1254	(3) paying the required license fee.
1255	1255	Sec. 1603.2042. REINSTATEMENT OF EXPIRED LICENSE BY
1256	1256	RETIREE. A license holder who retires from practice and whose
1257	1257	license under Subchapter E-1 has been expired for more than five
1258	1258	years may qualify for a new license by applying to the department
1259	1259	and by:
1260	1260	(1) making a proper showing to the department,
1261	1261	supported by a personal affidavit;
1262	1262	(2) paying the required examination fee;
1263	1263	(3) passing a satisfactory examination conducted by
1264	1264	the department; and
1265	1265	(4) paying the fee for an original license.
1266	1266	SECTION 3.17. Sections 1603.208(a)(2) and (3), Occupations
1267	1267	Code, are amended to read as follows:
1268	1268	(2) "Digitally prearranged remote service" means a
1269	1269	barbering or cosmetology service performed for compensation by a
1270	1270	person holding a license[, certificate of registration, or permit]
1271	1271	under Subchapter E-1 [Chapter 1601 or 1602 or this chapter] that is:
1272	1272	(A) prearranged through a digital network; and
1273	1273	(B) performed at a location other than an
1274	1274	establishment [a place of business that is] licensed [or permitted]
1275	1275	under Subchapter E-2 [Chapter 1601 or 1602 or this chapter].
1276	1276	(3) "Remote service business" means a corporation,
1277	1277	partnership, sole proprietorship, or other entity that, for
1278	1278	compensation, enables a client to schedule a digitally prearranged
1279	1279	remote service with a person holding a license[, certificate of
1280	1280	registration, or permit] under Subchapter E-1 [Chapter 1601 or 1602
1281	1281	or this chapter].
1282	1282	SECTION 3.18. Sections 1603.208(c), (d), (f), (g), and (i),
1283	1283	Occupations Code, are amended to read as follows:
1284	1284	(c) Sections 1603.2108 and 1603.2109 [1601.453, 1601.455,
1285	1285	1602.251(c), and 1602.407] do not apply to a digitally prearranged
1286	1286	remote service scheduled through a remote service business.
1287	1287	(d) A person who holds a license[, certificate of
1288	1288	registration, or permit] to practice barbering or cosmetology and
1289	1289	who performs a digitally prearranged remote service shall:
1290	1290	(1) comply with this section and the rules adopted
1291	1291	under this section; and
1292	1292	(2) practice within the scope of the person's
1293	1293	license[, certificate of registration, or permit].
1294	1294	(f) Before a person licensed[, registered, or permitted] to
1295	1295	practice barbering or cosmetology performs a digitally prearranged
1296	1296	remote service for a client requesting the service, a remote
1297	1297	service business must [shall] provide through the entity's digital
1298	1298	network:
1299	1299	(1) the following information regarding the person who
1300	1300	will perform the service:
1301	1301	(A) the person's first and last name;
1302	1302	(B) the [number of the] person's license number[,
1303	1303	certificate of registration, or permit, as applicable]; and
1304	1304	(C) a photograph of the person;
1305	1305	(2) the following information regarding the business:
1306	1306	(A) Internet website address; and
1307	1307	(B) telephone number; and
1308	1308	(3) the department's Internet website address and
1309	1309	telephone number and notice that the client may contact the
1310	1310	department to file a complaint against the business or person.
1311	1311	(g) Within a reasonable time after completion of a digitally
1312	1312	prearranged remote service, the remote service business shall issue
1313	1313	to the client who requested the service a receipt that includes:
1314	1314	(1) the date the service was provided;
1315	1315	(2) a description of the service;
1316	1316	(3) the first and last name of the person who performed
1317	1317	the service;
1318	1318	(4) the [number of the] person's license number[,
1319	1319	certificate of registration, or permit, as applicable];
1320	1320	(5) the following information regarding the business:
1321	1321	(A) Internet website address; and
1322	1322	(B) telephone number; and
1323	1323	(6) the department's Internet website address and
1324	1324	telephone number and notice that the client may contact the
1325	1325	department to file a complaint against the business or person.
1326	1326	(i) A remote service business shall terminate a person's
1327	1327	access to the business's digital network if the business or
1328	1328	department determines the person violated:
1329	1329	(1) this chapter; or
1330	1330	(2) a rule adopted under this chapter[;
1331	1331	[(3) Chapter 1601 or 1602; or
1332	1332	[(4) a rule adopted under Chapter 1601 or 1602].
1333	1333	SECTION 3.19. Subchapter E, Chapter 1603, Occupations Code,
1334	1334	is amended by adding Section 1603.209 to read as follows:
1335	1335	Sec. 1603.209. INFECTIOUS AND CONTAGIOUS DISEASES. (a) A
1336	1336	person holding a license or permit issued under Subchapter E-1 may
1337	1337	not perform any practice of barbering or cosmetology if the person
1338	1338	knows the person is suffering from an infectious or contagious
1339	1339	disease for which the person is not entitled to protection under the
1340	1340	federal Americans with Disabilities Act of 1990 (42 U.S.C. Section
1341	1341	12101 et seq.).
1342	1342	(b) A person holding an establishment or school license may
1343	1343	not employ a person to perform any practice of barbering or
1344	1344	cosmetology or to instruct in the practice of barbering or
1345	1345	cosmetology if the license holder knows that the person is
1346	1346	suffering from an infectious or contagious disease for which the
1347	1347	person is not entitled to protection under the federal Americans
1348	1348	with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.).
1349	1349	SECTION 3.20. Chapter 1603, Occupations Code, is amended by
1350	1350	adding Subchapters E-1, E-2, and E-3 to read as follows:
1351	1351	SUBCHAPTER E-1. INDIVIDUAL PRACTITIONER LICENSES; STUDENT PERMIT;
1352	1352	PRACTICE
1353	1353	Sec. 1603.2101. LICENSE OR PERMIT REQUIRED; USE OF CERTAIN
1354	1354	TERMS WITHOUT LICENSE PROHIBITED. (a) A person may not perform or
1355	1355	offer or attempt to perform any act of barbering or cosmetology
1356	1356	unless the person holds a license or permit issued under this
1357	1357	subchapter to perform that act.
1358	1358	(b) Unless the person holds an appropriate license issued
1359	1359	under this subchapter, a person may not directly or indirectly use
1360	1360	or cause to be used as a professional or business identification,
1361	1361	title, name, representation, asset, or means of advantage or
1362	1362	benefit:
1363	1363	(1) the term "barber" or "barbering";
1364	1364	(2) the term "cosmetologist" or "cosmetology"; or
1365	1365	(3) any combination, variation, or abbreviation of the
1366	1366	terms listed in Subdivisions (1) and (2).
1367	1367	Sec. 1603.2102. ISSUANCE OF LICENSE. The department shall
1368	1368	issue a license to an applicant who:
1369	1369	(1) meets the applicable eligibility requirements;
1370	1370	(2) passes the applicable examination;
1371	1371	(3) pays the required fee;
1372	1372	(4) has not committed an act that constitutes a ground
1373	1373	for denial of the license; and
1374	1374	(5) submits an application on a form prescribed by the
1375	1375	department.
1376	1376	Sec. 1603.2103. INDIVIDUAL PRACTITIONER LICENSES. (a) A
1377	1377	person holding:
1378	1378	(1) a Class A barber license may perform any barbering
1379	1379	service;
1380	1380	(2) a cosmetology operator license may perform any
1381	1381	cosmetology service;
1382	1382	(3) a manicurist license may perform any service
1383	1383	described by Section 1603.0012(a)(7) or (8);
1384	1384	(4) an esthetician license may perform any service
1385	1385	described by Section 1603.0012(a)(3), (4), (5), (6), or (9);
1386	1386	(5) a manicurist/esthetician license may perform any
1387	1387	service described by Section 1603.0012(a)(3), (4), (5), (6), (7),
1388	1388	(8), or (9);
1389	1389	(6) a hair weaving specialist license may perform any
1390	1390	service described by Section 1603.0012(a)(10);
1391	1391	(7) a hair weaving specialist/esthetician license may
1392	1392	perform any service described by Section 1603.0012(a)(3), (4), (5),
1393	1393	(6), (9), or (10); and
1394	1394	(8) an eyelash extension specialist license may
1395	1395	perform any service described by Section 1603.0012(a)(9).
1396	1396	(b) The commission by rule shall provide for the issuance
1397	1397	of:
1398	1398	(1) a Class A barber license to a person who holds a
1399	1399	cosmetology operator license; and
1400	1400	(2) a cosmetology operator license to a person who
1401	1401	holds a Class A barber license.
1402	1402	Sec. 1603.2104. WAIVER OF CERTAIN LICENSE REQUIREMENTS.
1403	1403	(a) The department shall issue a license to an applicant for a
1404	1404	Class A barber license described by Section 1603.2103(a)(1), a
1405	1405	cosmetology operator license described by Section
1406	1406	1603.2103(a)(2), an esthetician license described by Section
1407	1407	1603.2103(a)(4), a hair weaving specialist license described by
1408	1408	Section 1603.2103(a)(6), or a hair weaving specialist/esthetician
1409	1409	license described by Section 1603.2103(a)(7) if the applicant:
1410	1410	(1) submits an application on a form prescribed by the
1411	1411	department;
1412	1412	(2) pays the application fee; and
1413	1413	(3) provides proof that the applicant holds a current
1414	1414	license to engage in the same or a similar activity issued by
1415	1415	another jurisdiction that has license requirements substantially
1416	1416	equivalent to those of this state.
1417	1417	(b) The department may waive any requirement for a license
1418	1418	issued under this subchapter, other than a license listed in
1419	1419	Subsection (a), for an applicant holding a license from another
1420	1420	state or country that has license requirements substantially
1421	1421	equivalent to those of this state.
1422	1422	(c) The department may not require a personal interview as
1423	1423	part of the application process under this section.
1424	1424	(d) A license issued under this section may be renewed as
1425	1425	provided by Subchapter G.
1426	1426	Sec. 1603.2105. STUDENT PERMIT. (a) A student enrolled in
1427	1427	a school licensed under Subchapter E-3 must hold a permit stating
1428	1428	the student's name and the name of the school.
1429	1429	(b) The department shall issue a student permit to an
1430	1430	applicant who submits an application to the department for a
1431	1431	student permit accompanied by the required fee.
1432	1432	(c) A separate application is required for each enrollment,
1433	1433	reenrollment, or transfer enrollment. The application fee applies
1434	1434	only to the first enrollment. The department may not charge the
1435	1435	application fee for any later enrollment, reenrollment, or transfer
1436	1436	enrollment.
1437	1437	Sec. 1603.2106. TRANSFER OF LICENSE OR PERMIT PROHIBITED.
1438	1438	A license or permit issued under this subchapter is not
1439	1439	transferable.
1440	1440	Sec. 1603.2107. DISPLAY OF LICENSE OR PERMIT. (a) The
1441	1441	holder of a license issued under this subchapter shall display the
1442	1442	original license and an attached photograph of the license holder
1443	1443	in a conspicuous place near the license holder's work chair in the
1444	1444	establishment in which the holder is working.
1445	1445	(b) The holder of a student permit issued under this
1446	1446	subchapter shall display the permit in a reasonable manner at the
1447	1447	school in which the permit holder is enrolled.
1448	1448	Sec. 1603.2108. LOCATION OF PRACTICE. A person holding a
1449	1449	license or permit issued under this subchapter may practice
1450	1450	barbering or cosmetology only at a licensed establishment or
1451	1451	school.
1452	1452	Sec. 1603.2109. SERVICE AT UNLICENSED LOCATION. (a) In
1453	1453	this section, "licensed facility" means:
1454	1454	(1) an establishment licensed under Subchapter E-2; or
1455	1455	(2) a school licensed under Subchapter E-3.
1456	1456	(b) A person holding a license or permit under this
1457	1457	subchapter may perform a service within the scope of the license or
1458	1458	permit at a location other than a licensed facility for a client:
1459	1459	(1) who, because of illness or physical or mental
1460	1460	incapacitation, is unable to receive the service at a licensed
1461	1461	facility; or
1462	1462	(2) in preparation for and at the location of a special
1463	1463	event, including a wedding.
1464	1464	(c) An appointment for a service performed under this
1465	1465	section must be made through a licensed facility.
1466	1466	SUBCHAPTER E-2. ESTABLISHMENT LICENSES; OPERATION
1467	1467	Sec. 1603.2201. LICENSE REQUIRED. (a) A person may not
1468	1468	own, operate, or manage an establishment in which an act of
1469	1469	barbering or cosmetology is practiced unless the person holds a
1470	1470	license issued under this subchapter to operate the establishment.
1471	1471	(b) A person may not lease space on the premises of a
1472	1472	licensed establishment to engage in the practice of barbering or
1473	1473	cosmetology as an independent contractor unless the person holds a
1474	1474	license issued under Subchapter E-1.
1475	1475	Sec. 1603.2202. ISSUANCE OF LICENSE. The department shall
1476	1476	issue the applicable establishment license under this subchapter to
1477	1477	an applicant if:
1478	1478	(1) the applicant:
1479	1479	(A) owns the establishment;
1480	1480	(B) verifies the application;
1481	1481	(C) complies with the application requirements
1482	1482	of this chapter;
1483	1483	(D) pays the required inspection and license
1484	1484	fees; and
1485	1485	(E) has not committed an act that constitutes a
1486	1486	ground for denial of a license; and
1487	1487	(2) the establishment:
1488	1488	(A) meets the commission's minimum health
1489	1489	standards for an establishment; and
1490	1490	(B) complies with all commission rules.
1491	1491	Sec. 1603.2203. ESTABLISHMENT LICENSES. (a) An
1492	1492	establishment licensed as:
1493	1493	(1) an establishment may provide any barbering or
1494	1494	cosmetology service;
1495	1495	(2) a manicurist specialty establishment may provide
1496	1496	any service described by Section 1603.0012(a)(7) or (8);
1497	1497	(3) an esthetician specialty establishment may
1498	1498	provide any service described by Section 1603.0012(a)(3), (4), (5),
1499	1499	(6), or (9);
1500	1500	(4) a manicurist/esthetician specialty establishment
1501	1501	may provide any service described by Section 1603.0012(a)(3), (4),
1502	1502	(5), (6), (7), (8), or (9);
1503	1503	(5) a hair weaving specialty establishment may provide
1504	1504	any service described by Section 1603.0012(a)(10);
1505	1505	(6) an eyelash extension specialty establishment may
1506	1506	provide any service described by Section 1603.0012(a)(9);
1507	1507	(7) a mini-establishment may provide any barbering or
1508	1508	cosmetology service; and
1509	1509	(8) a mobile establishment may provide any barbering
1510	1510	or cosmetology service.
1511	1511	(b) In this section:
1512	1512	(1) "Mini-establishment" includes a room or suite of
1513	1513	rooms that is one of a number of connected establishments in a
1514	1514	single premises that open onto a common hallway or another
1515	1515	configuration of operations as determined by commission rule in
1516	1516	which a person practices under a license issued under Subchapter
1517	1517	E-1.
1518	1518	(2) "Mobile establishment" means a facility that is
1519	1519	readily movable and where barbering, cosmetology, or both are
1520	1520	practiced other than at a fixed location.
1521	1521	Sec. 1603.2204. TRANSFER OF LICENSE PROHIBITED. A license
1522	1522	issued under this subchapter is not transferable.
1523	1523	Sec. 1603.2205. USE OF ESTABLISHMENT AS SLEEPING QUARTERS
1524	1524	PROHIBITED. (a) An owner or manager of a licensed establishment
1525	1525	may not permit a person to sleep in a room used as part of the
1526	1526	establishment.
1527	1527	(b) A person may not perform an act for which a license is
1528	1528	required in a room in an establishment that is used as sleeping
1529	1529	quarters.
1530	1530	SUBCHAPTER E-3. SCHOOL LICENSES; OPERATION
1531	1531	Sec. 1603.2301. LICENSE REQUIRED. A person may not operate
1532	1532	a school for instruction in the practice of barbering or
1533	1533	cosmetology unless the person holds a license issued under this
1534	1534	subchapter to operate the school.
1535	1535	Sec. 1603.2302. ISSUANCE OF LICENSE. The department shall
1536	1536	issue a license under this subchapter to an applicant who:
1537	1537	(1) submits an application on a form prescribed by the
1538	1538	department;
1539	1539	(2) pays the required fee;
1540	1540	(3) provides to the department adequate proof of
1541	1541	financial responsibility; and
1542	1542	(4) satisfies any other requirements of this chapter
1543	1543	or commission rule.
1544	1544	Sec. 1603.2303. SCHOOL LICENSES. The holder of a public
1545	1545	secondary school license, private postsecondary school license, or
1546	1546	public postsecondary school license may provide instruction in the
1547	1547	barbering or cosmetology services for which the license holder has
1548	1548	been approved by the department.
1549	1549	Sec. 1603.2304. CHANGE OF SCHOOL OWNERSHIP OR LOCATION.
1550	1550	(a) If a licensed school changes ownership, the outgoing owner
1551	1551	shall notify the department of the change not later than the 10th
1552	1552	day before the date the change takes effect.
1553	1553	(b) A licensed school under this subchapter may not change
1554	1554	the location of the school unless the school obtains approval from
1555	1555	the department before the change by showing that the proposed
1556	1556	location meets the requirements of this chapter and commission
1557	1557	rules.
1558	1558	Sec. 1603.2305. SIGNS REQUIRED. The holder of a school
1559	1559	license shall:
1560	1560	(1) place a sign on the front outside portion of the
1561	1561	school's building in a prominent place that reads in at least
1562	1562	10-inch block letters: "SCHOOL--STUDENT PRACTITIONERS"; and
1563	1563	(2) prominently display printed signs containing the
1564	1564	information required by Subdivision (1) on each inside wall of the
1565	1565	school.
1566	1566	Sec. 1603.2306. INFORMATION PROVIDED TO PROSPECTIVE
1567	1567	STUDENT. The holder of a school license shall provide to each
1568	1568	prospective student:
1569	1569	(1) a course outline;
1570	1570	(2) a schedule of the tuition and other fees assessed;
1571	1571	(3) the school's refund policy required under Section
1572	1572	1603.3602;
1573	1573	(4) the school's grading policy and rules relating to
1574	1574	incomplete grades;
1575	1575	(5) the school's rules of operation and conduct,
1576	1576	including rules relating to absences;
1577	1577	(6) the department's name, mailing address, and
1578	1578	telephone number for the purpose of directing complaints to the
1579	1579	department; and
1580	1580	(7) the current job placement rates and employment
1581	1581	rates of students who complete a course of instruction.
1582	1582	Sec. 1603.2307. COURSE LENGTH AND CURRICULUM CONTENT. (a)
1583	1583	A licensed school shall design course length and curriculum content
1584	1584	to reasonably ensure that a student develops the job skills and
1585	1585	knowledge necessary for employment.
1586	1586	(b) A licensed school must submit to the commission for
1587	1587	approval the course length and curriculum content for each course
1588	1588	offered by the school. The school may not implement a course length
1589	1589	and curriculum content without the approval of the commission.
1590	1590	(c) Before issuing or renewing a license under this
1591	1591	subchapter, the department must require the school to account for
1592	1592	each course length and curriculum content.
1593	1593	Sec. 1603.2308. REQUIRED COURSES. (a) A licensed school
1594	1594	shall instruct students in the theory and practice of subjects
1595	1595	necessary and beneficial to the practice of barbering and
1596	1596	cosmetology.
1597	1597	(b) The commission by rule shall establish the subjects in
1598	1598	which students shall receive instruction.
1599	1599	Sec. 1603.2309. DAILY ATTENDANCE RECORDS. (a) A licensed
1600	1600	school shall maintain an attendance book showing a record of the
1601	1601	students' daily attendance.
1602	1602	(b) The department may inspect a school's attendance record
1603	1603	book at any time.
1604	1604	Sec. 1603.2310. INSTRUCTOR-TO-STUDENT RATIO. A licensed
1605	1605	school must have at least one instructor for every 25 students on
1606	1606	the school's premises.
1607	1607	Sec. 1603.2311. REPORTS TO DEPARTMENT. (a) A licensed
1608	1608	school shall maintain a monthly progress report regarding each
1609	1609	student attending the school. The report must certify the daily
1610	1610	attendance record of each student and the number of credit hours
1611	1611	earned by each student during the previous month.
1612	1612	(b) On a student's completion of a prescribed course of
1613	1613	instruction, the school shall notify the department that the
1614	1614	student has completed the required number of hours and is eligible
1615	1615	to take the appropriate examination.
1616	1616	(c) The holder of a school license shall provide to the
1617	1617	department:
1618	1618	(1) the current course completion rates of students
1619	1619	who attend a course of instruction offered by the school; and
1620	1620	(2) job placement rates and employment rates of
1621	1621	students who complete a course of instruction.
1622	1622	Sec. 1603.2312. ADDITIONAL DUTIES OF LICENSE HOLDER. (a)
1623	1623	The holder of a school license shall:
1624	1624	(1) establish regular class and instruction hours and
1625	1625	grades;
1626	1626	(2) hold examinations before issuing diplomas; and
1627	1627	(3) maintain a copy of the school's curriculum in a
1628	1628	conspicuous place and verify that the curriculum is being followed.
1629	1629	(b) The holder of a school license may not require a student
1630	1630	to work, be instructed, or earn credit for more than 48 hours in a
1631	1631	calendar week.
1632	1632	Sec. 1603.2313. TRANSFER OF HOURS OF INSTRUCTION. (a) A
1633	1633	student at a licensed school may transfer completed hours of
1634	1634	instruction to another licensed school in this state.
1635	1635	(b) In order for the hours of instruction to be transferred,
1636	1636	a transcript showing the completed courses and number of hours
1637	1637	certified by the school in which the instruction was given must be
1638	1638	submitted to the executive director.
1639	1639	(c) In evaluating a student's transcript, the executive
1640	1640	director shall determine whether the agreed tuition has been paid.
1641	1641	If the tuition has not been paid, the executive director shall
1642	1642	notify the student that the student's transcript cannot be
1643	1643	certified to the school to which the student seeks a transfer until
1644	1644	proof is provided that the tuition has been paid.
1645	1645	(d) On evaluation and approval, the executive director
1646	1646	shall certify in writing to the student and to the school to which
1647	1647	the student seeks a transfer that:
1648	1648	(1) the stated courses and hours have been
1649	1649	successfully completed; and
1650	1650	(2) the student is not required to repeat the hours of
1651	1651	instruction.
1652	1652	(e) If a school's license has been expired for more than 30
1653	1653	days, a student of that school may not transfer hours of instruction
1654	1654	the student completed at that school.
1655	1655	Sec. 1603.2314. IDENTIFICATION OF AND WORK PERFORMED BY
1656	1656	STUDENT. (a) Each licensed school shall maintain in a conspicuous
1657	1657	place a list of the names and identifying pictures of the students
1658	1658	who are enrolled in the school's courses.
1659	1659	(b) A school may not receive compensation for work done by a
1660	1660	student unless the student has completed 10 percent of the required
1661	1661	number of hours for a license under Subchapter E-1.
1662	1662	(c) If a school violates this section, the license of the
1663	1663	school may be revoked or suspended.
1664	1664	SECTION 3.21. Section 1603.252(b), Occupations Code, is
1665	1665	amended to read as follows:
1666	1666	(b) The executive director shall determine uniform
1667	1667	standards for acceptable performance on an examination for a
1668	1668	license under Subchapter E-1 [or certificate under Chapter 1601 and
1669	1669	for a license or certificate under Chapter 1602].
1670	1670	SECTION 3.22. Sections 1603.253 and 1603.255, Occupations
1671	1671	Code, are amended to read as follows:
1672	1672	Sec. 1603.253. WRITTEN EXAMINATION. The commission shall
1673	1673	select an examination for each written examination required under
1674	1674	this chapter[, Chapter 1601, or Chapter 1602]. The written
1675	1675	examination must be:
1676	1676	(1) validated by an independent testing professional;
1677	1677	or
1678	1678	(2) purchased from a national testing service.
1679	1679	Sec. 1603.255. EARLY EXAMINATION. The commission by rule
1680	1680	[department] may allow for the early written examination of a
1681	1681	student [who has completed the following number of hours of
1682	1682	instruction in a department-approved training program:
1683	1683	[(1) 1,000 hours for a student seeking a Class A barber
1684	1684	certificate in a private barber school;
1685	1685	[(2) 900 hours for a student seeking an operator
1686	1686	license in a private cosmetology school; or
1687	1687	[(3) 900 hours for a student seeking a Class A barber
1688	1688	certificate or operator license in a publicly funded barber or
1689	1689	cosmetology school].
1690	1690	SECTION 3.23. Sections 1603.256(a) and (c), Occupations
1691	1691	Code, are amended to read as follows:
1692	1692	(a) The commission may require a practical examination as it
1693	1693	considers necessary for a license [or certificate] issued under
1694	1694	Subchapter E-1 [Chapter 1601 or 1602].
1695	1695	(c) The following persons may administer a practical
1696	1696	examination [required under this subchapter]:
1697	1697	(1) the department;
1698	1698	(2) a person with whom the department contracts under
1699	1699	Section 1603.252;
1700	1700	(3) a licensed [barber] school[, private beauty
1701	1701	culture school, or a public secondary or postsecondary beauty
1702	1702	culture school] that is approved by the department to administer
1703	1703	the examination under Section 1603.252; or
1704	1704	(4) the Windham School District.
1705	1705	SECTION 3.24. Subchapter G, Chapter 1603, Occupations Code,
1706	1706	is amended to read as follows:
1707	1707	SUBCHAPTER G. [CERTIFICATE,] LICENSE[, AND PERMIT] RENEWAL
1708	1708	Sec. 1603.3001. LICENSE TERMS. (a) Except as provided by
1709	1709	Subsection (b), a license other than a temporary license expires on
1710	1710	the second anniversary of the date the license is issued.
1711	1711	(b) A school license expires on the first anniversary of the
1712	1712	date the license is issued.
1713	1713	Sec. 1603.3002. RENEWAL RULES. (a) The commission by rule
1714	1714	may establish requirements for the renewal of a license issued
1715	1715	under this chapter, including continuing education requirements.
1716	1716	(b) The commission may establish separate requirements for:
1717	1717	(1) the initial renewal of a license; and
1718	1718	(2) subsequent renewals of a license.
1719	1719	(c) Before establishing continuing education requirements
1720	1720	under this section, the commission must consider the potential
1721	1721	impact of continuing education with respect to:
1722	1722	(1) identifying and assisting trafficked persons; and
1723	1723	(2) providing license holders with opportunities to
1724	1724	acquire new skills.
1725	1725	Sec. 1603.3003. ISSUANCE OF RENEWAL LICENSE. The
1726	1726	department shall issue a renewal license on receipt of:
1727	1727	(1) a renewal application in the form prescribed by
1728	1728	the department; and
1729	1729	(2) a renewal fee in an amount equal to the original
1730	1730	license fee.
1731	1731	Sec. 1603.3004. RENEWAL WHILE IN ARMED FORCES. (a) The
1732	1732	department may not require the holder of a Class A barber license
1733	1733	described by Section 1603.2103(1), a cosmetology operator license
1734	1734	described by Section 1603.2103(2), a manicurist license described
1735	1735	by Section 1603.2103(3), an esthetician license described by
1736	1736	Section 1603.2103(4), or a manicurist/esthetician license
1737	1737	described by Section 1603.2103(5) who is serving on active duty in
1738	1738	the United States armed forces to renew the person's license.
1739	1739	(b) The department shall issue a renewal license on
1740	1740	application and payment of the required renewal fee not later than
1741	1741	the 90th day after the date the person is released or discharged
1742	1742	from active duty in the United States armed forces.
1743	1743	Sec. 1603.301. DENIAL OF RENEWAL DUE TO ADMINISTRATIVE
1744	1744	PENALTY. The department may deny a person's request to renew a
1745	1745	[certificate,] license[, or permit] issued under this chapter[,
1746	1746	Chapter 1601, or Chapter 1602] if the person has not paid an
1747	1747	administrative penalty imposed under Subchapter F, Chapter
1748	1748	51. This section does not apply if:
1749	1749	(1) the person's time to pay or request a hearing has
1750	1750	not expired under Section 51.304;
1751	1751	(2) the person has requested a hearing under Section
1752	1752	51.304, but the person's time to pay has not expired under Section
1753	1753	51.307; or
1754	1754	(3) the penalty is stayed.
1755	1755	SECTION 3.25. The heading to Subchapter H, Chapter 1603,
1756	1756	Occupations Code, is amended to read as follows:
1757	1757	SUBCHAPTER H. PRACTICE PROVISIONS APPLICABLE TO MORE THAN ONE
1758	1758	LICENSE TYPE [CHAPTERS 1601 AND 1602]
1759	1759	SECTION 3.26. Section 1603.351, Occupations Code, is
1760	1760	amended to read as follows:
1761	1761	Sec. 1603.351. MINIMUM CURRICULUM FOR SCHOOLS; DISTANCE
1762	1762	EDUCATION. (a) The commission shall prescribe the minimum
1763	1763	curriculum, including the subjects and the number of hours in each
1764	1764	subject, taught by a licensed school [licensed under this chapter,
1765	1765	Chapter 1601, or Chapter 1602].
1766	1766	(a-1) Notwithstanding any other law, the commission may
1767	1767	adopt rules to:
1768	1768	(1) authorize a licensed school [licensed under this
1769	1769	chapter, Chapter 1601, or Chapter 1602] to account for any hours of
1770	1770	instruction completed under this chapter [those chapters] on the
1771	1771	basis of clock hours or credit hours; and
1772	1772	(2) establish standards for determining the
1773	1773	equivalency and conversion of clock hours to credit hours and
1774	1774	credit hours to clock hours.
1775	1775	(b) The commission may adopt rules allowing distance
1776	1776	education only for the theory portion of the curriculum taught by a
1777	1777	licensed school [licensed under this chapter, Chapter 1601, or
1778	1778	Chapter 1602].
1779	1779	(c) Distance education does not satisfy the requirements of
1780	1780	the practical portion of the curriculum taught by a licensed school
1781	1781	[licensed under this chapter, Chapter 1601, or Chapter 1602].
1782	1782	SECTION 3.27. Sections 1603.352(a) and (b), Occupations
1783	1783	Code, are amended to read as follows:
1784	1784	(a) A person who holds a license[, certificate,] or permit
1785	1785	issued under this chapter[, Chapter 1601, or Chapter 1602] and who
1786	1786	performs a [barbering service described by Section 1601.002(1)(E)
1787	1787	or (F) or a cosmetology] service described by Section
1788	1788	1603.0012(a)(7) or (8) [1602.002(a)(8) or (9)] shall, before
1789	1789	performing the service, clean, disinfect, and sterilize with an
1790	1790	autoclave or dry heat sterilizer or sanitize with an ultraviolet
1791	1791	sanitizer, in accordance with the sterilizer or sanitizer
1792	1792	manufacturer's instructions, each metal instrument, including
1793	1793	metal nail clippers, cuticle pushers, cuticle nippers, and other
1794	1794	metal instruments, used to perform the service.
1795	1795	(b) The owner or manager of a licensed establishment or
1796	1796	[barber shop, barber] school[, beauty shop, specialty shop, beauty
1797	1797	culture school, or other facility licensed under this chapter,
1798	1798	Chapter 1601, or Chapter 1602,] is responsible for providing an
1799	1799	autoclave, a dry heat sterilizer, or an ultraviolet sanitizer for
1800	1800	use in the establishment [shop] or school as required by Subsection
1801	1801	(a).
1802	1802	SECTION 3.28. Subchapter H, Chapter 1603, Occupations Code,
1803	1803	is amended by adding Sections 1603.353, 1603.354, 1603.355,
1804	1804	1603.356, 1603.357, and 1603.358 to read as follows:
1805	1805	Sec. 1603.353. EMPLOYMENT OF LICENSE HOLDER. (a) A
1806	1806	licensed school may not employ a person holding a license issued
1807	1807	under Subchapter E-1 solely to perform the practices of barbering
1808	1808	or cosmetology for which the person is licensed.
1809	1809	(b) A person holding a license for an establishment may not
1810	1810	employ or lease to a person to practice barbering or cosmetology at
1811	1811	the establishment unless the person holds a license issued under
1812	1812	Subchapter E-1.
1813	1813	Sec. 1603.354. NECESSARY EQUIPMENT. The owner, operator,
1814	1814	or manager of a licensed establishment or school shall equip the
1815	1815	establishment or school with the facilities, supplies, appliances,
1816	1816	furnishings, and materials necessary to enable a person employed on
1817	1817	the premises to comply with this chapter.
1818	1818	Sec. 1603.355. DISPLAY OF LICENSE. A licensed school or
1819	1819	establishment shall display the license in a conspicuous place in
1820	1820	the school or establishment for which the license is issued.
1821	1821	Sec. 1603.356. DISPLAY OF HUMAN TRAFFICKING INFORMATION.
1822	1822	(a) A licensed school or establishment shall display a sign
1823	1823	approved by or acceptable to the commission or the department
1824	1824	concerning services and assistance available to victims of human
1825	1825	trafficking.
1826	1826	(b) The sign required by this section must:
1827	1827	(1) be in English, Spanish, and Vietnamese; and
1828	1828	(2) include a toll-free telephone number of a
1829	1829	nationally recognized information and referral hotline for victims
1830	1830	of human trafficking.
1831	1831	(c) The commission by rule shall establish requirements
1832	1832	regarding the posting of signs under this section.
1833	1833	Sec. 1603.357. DISPLAY OF SANITATION RULES. A licensed
1834	1834	school or establishment shall display a copy of the commission's
1835	1835	sanitation rules.
1836	1836	Sec. 1603.358. OPERATION OF ESTABLISHMENT AND SCHOOL ON
1837	1837	SINGLE PREMISES. A person may not operate an establishment or
1838	1838	school on the same premises as another one of those facilities
1839	1839	unless the facilities are separated by walls of permanent
1840	1840	construction without an opening between the facilities.
1841	1841	SECTION 3.29. Chapter 1603, Occupations Code, is amended by
1842	1842	adding Subchapter H-1 to read as follows:
1843	1843	SUBCHAPTER H-1. FINANCIAL PROVISIONS APPLICABLE TO PRIVATE
1844	1844	POSTSECONDARY SCHOOLS
1845	1845	Sec. 1603.3601. CANCELLATION AND SETTLEMENT POLICY. The
1846	1846	holder of a private postsecondary school license shall maintain a
1847	1847	cancellation and settlement policy that provides a full refund of
1848	1848	money paid by a student if the student:
1849	1849	(1) cancels the enrollment agreement or contract not
1850	1850	later than midnight of the third day after the date the agreement or
1851	1851	contract is signed by the student, excluding Saturdays, Sundays,
1852	1852	and legal holidays; or
1853	1853	(2) entered into the enrollment agreement or contract
1854	1854	because of a misrepresentation made:
1855	1855	(A) in the advertising or promotional materials
1856	1856	of the school; or
1857	1857	(B) by an owner or representative of the school.
1858	1858	Sec. 1603.3602. REFUND POLICY. (a) The holder of a private
1859	1859	postsecondary school license shall maintain a refund policy to
1860	1860	provide for the refund of any unused parts of tuition, fees, and
1861	1861	other charges paid by a student who, at the expiration of the
1862	1862	cancellation period established under Section 1603.3601:
1863	1863	(1) fails to enter the course of training;
1864	1864	(2) withdraws from the course of training; or
1865	1865	(3) is terminated from the course of training before
1866	1866	completion of the course.
1867	1867	(b) The refund policy must provide that:
1868	1868	(1) the refund is based on the period of the student's
1869	1869	enrollment, computed on the basis of course time expressed in
1870	1870	scheduled hours, as specified by an enrollment agreement, contract,
1871	1871	or other document acceptable to the department;
1872	1872	(2) the effective date of the termination for refund
1873	1873	purposes is the earliest of:
1874	1874	(A) the last date of attendance, if the student
1875	1875	is terminated by the school;
1876	1876	(B) the date the license holder receives the
1877	1877	student's written notice of withdrawal; or
1878	1878	(C) 10 school days after the last date of
1879	1879	attendance; and
1880	1880	(3) the school may retain not more than $100 if:
1881	1881	(A) tuition is collected before the course of
1882	1882	training begins; and
1883	1883	(B) the student fails to withdraw from the course
1884	1884	of training before the cancellation period expires.
1885	1885	Sec. 1603.3603. WITHDRAWAL OR TERMINATION OF STUDENT. (a)
1886	1886	If a student at a private postsecondary school begins a course of
1887	1887	training that is scheduled to run not more than 12 months and,
1888	1888	during the last 50 percent of the course, withdraws from the course
1889	1889	or is terminated by the school, the school:
1890	1890	(1) may retain 100 percent of the tuition and fees paid
1891	1891	by the student; and
1892	1892	(2) is not obligated to refund any additional
1893	1893	outstanding tuition.
1894	1894	(b) If a student at a private postsecondary school begins a
1895	1895	course of training that is scheduled to run not more than 12 months
1896	1896	and, before the last 50 percent of the course, withdraws from the
1897	1897	course or is terminated by the school, the school shall refund:
1898	1898	(1) 90 percent of any outstanding tuition for a
1899	1899	withdrawal or termination that occurs during the first week or
1900	1900	first 10 percent of the course, whichever period is shorter;
1901	1901	(2) 80 percent of any outstanding tuition for a
1902	1902	withdrawal or termination that occurs after the first week or first
1903	1903	10 percent of the course, whichever period is shorter, but within
1904	1904	the first three weeks of the course;
1905	1905	(3) 75 percent of any outstanding tuition for a
1906	1906	withdrawal or termination that occurs after the first three weeks
1907	1907	of the course but not later than the completion of the first 25
1908	1908	percent of the course; and
1909	1909	(4) 50 percent of any outstanding tuition for a
1910	1910	withdrawal or termination that occurs not later than the completion
1911	1911	of the first 50 percent of the course.
1912	1912	(c) A refund owed under this section must be paid not later
1913	1913	than the 30th day after the date the student becomes eligible for
1914	1914	the refund.
1915	1915	Sec. 1603.3604. INTEREST ON REFUND. (a) If tuition is not
1916	1916	refunded within the period required by Section 1603.3603, the
1917	1917	private postsecondary school shall pay interest on the amount of
1918	1918	the refund for the period beginning the first day after the date the
1919	1919	refund period expires and ending the day preceding the date the
1920	1920	refund is made.
1921	1921	(b) If tuition is refunded to a lending institution, the
1922	1922	interest shall be paid to that institution and applied against the
1923	1923	student's loan.
1924	1924	(c) The commissioner of education shall annually set the
1925	1925	interest rate at a rate sufficient to deter a school from retaining
1926	1926	money paid by a student.
1927	1927	(d) The department may exempt a school from the payment of
1928	1928	interest if the school makes a good faith effort to refund the
1929	1929	tuition but is unable to locate the student. The school shall
1930	1930	provide to the department on request documentation of the effort to
1931	1931	locate the student.
1932	1932	Sec. 1603.3605. REENTRY OF STUDENT AFTER WITHDRAWAL. If a
1933	1933	student voluntarily withdraws or is terminated after completing 50
1934	1934	percent of the course at a private postsecondary school, the school
1935	1935	shall allow the student to reenter at any time during the 48-month
1936	1936	period following the date of withdrawal or termination.
1937	1937	Sec. 1603.3606. EFFECT OF STUDENT WITHDRAWAL. (a) A
1938	1938	private postsecondary school shall record a grade of incomplete for
1939	1939	a student who withdraws but is not entitled to a refund under
1940	1940	Section 1603.3603 if the student:
1941	1941	(1) requests the grade at the time the student
1942	1942	withdraws; and
1943	1943	(2) withdraws for an appropriate reason unrelated to
1944	1944	the student's academic status.
1945	1945	(b) A student who receives a grade of incomplete may
1946	1946	reenroll in the program during the 48-month period following the
1947	1947	date the student withdraws and complete the subjects without
1948	1948	payment of additional tuition.
1949	1949	Sec. 1603.3607. EFFECT OF PRIVATE POSTSECONDARY SCHOOL
1950	1950	CLOSURE. (a) If a private postsecondary school closes, the
1951	1951	department shall attempt to arrange for students enrolled in the
1952	1952	closed school to attend another private postsecondary school.
1953	1953	(b) If a student from a closed school is placed in another
1954	1954	private postsecondary school, the expense incurred by the school in
1955	1955	providing training directly related to educating the student,
1956	1956	including the applicable tuition for the period for which the
1957	1957	student paid tuition, shall be paid from the barbering and
1958	1958	cosmetology school tuition protection account.
1959	1959	(c) If a student from a closed private postsecondary school
1960	1960	cannot be placed in another private postsecondary school, the
1961	1961	student's tuition and fees shall be refunded as provided by Section
1962	1962	1603.3602. If a student from a closed private postsecondary school
1963	1963	does not accept a place that is available and reasonable in another
1964	1964	private postsecondary school, the student's tuition and fees shall
1965	1965	be refunded as provided by Section 1603.3603. A refund under this
1966	1966	subsection shall be paid from the barbering and cosmetology school
1967	1967	tuition protection account. The amount of the refund may not exceed
1968	1968	$35,000.
1969	1969	(d) If another private postsecondary school assumes
1970	1970	responsibility for the closed school's students and there are no
1971	1971	significant changes in the quality of the training, the student
1972	1972	from the closed school is not entitled to a refund under Subsection
1973	1973	(c).
1974	1974	Sec. 1603.3608. BARBERING AND COSMETOLOGY SCHOOL TUITION
1975	1975	PROTECTION ACCOUNT. (a) If on January 1 of any year the amount in
1976	1976	the barbering and cosmetology school tuition protection account is
1977	1977	less than $225,000, the department shall collect a fee from each
1978	1978	private postsecondary school during that year by applying a
1979	1979	percentage to the school's renewal fee at a rate that will bring the
1980	1980	balance of the account to $225,000.
1981	1981	(b) The department shall administer claims made against the
1982	1982	account.
1983	1983	(c) The comptroller shall invest the account in the same
1984	1984	manner as other state funds.
1985	1985	(d) Sufficient money from the account shall be appropriated
1986	1986	to the department for the purpose described by Section 1603.3607.
1987	1987	(e) Attorney's fees, court costs, or damages may not be paid
1988	1988	from the account.
1989	1989	Sec. 1603.3609. RULES. The commission by rule may:
1990	1990	(1) adjust any tuition reimbursement limit
1991	1991	established under this subchapter; and
1992	1992	(2) adopt procedures regarding the collection of fees
1993	1993	from private postsecondary schools under Section 1603.3608.
1994	1994	SECTION 3.30. Section 1603.401, Occupations Code, is
1995	1995	amended to read as follows:
1996	1996	Sec. 1603.401. DENIAL, SUSPENSION, OR REVOCATION. The
1997	1997	department shall deny an application for issuance or renewal of, or
1998	1998	shall suspend or revoke, a [certificate,] license[,] or permit if
1999	1999	the applicant or person holding the [certificate,] license[,] or
2000	2000	permit:
2001	2001	(1) engages in gross malpractice;
2002	2002	(2) knowingly continues to practice while having an
2003	2003	infectious or contagious disease;
2004	2004	(3) knowingly makes a false or deceptive statement in
2005	2005	advertising;
2006	2006	(4) advertises, practices, or attempts to practice
2007	2007	under another person's name or trade name;
2008	2008	(5) engages in fraud or deceit in obtaining a
2009	2009	[certificate,] license[,] or permit; or
2010	2010	(6) engages in an act that violates this chapter[,
2011	2011	Chapter 51, Chapter 1601, or Chapter 1602] or a rule or order
2012	2012	adopted or issued under this chapter [those chapters].
2013	2013	SECTION 3.31. The heading to Subchapter J, Chapter 1603,
2014	2014	Occupations Code, is amended to read as follows:
2015	2015	SUBCHAPTER J. OTHER [PENALTIES AND] ENFORCEMENT PROVISIONS
2016	2016	SECTION 3.32. Sections 1603.453 and 1603.454, Occupations
2017	2017	Code, are amended to read as follows:
2018	2018	Sec. 1603.453. APPEAL BOND NOT REQUIRED. The department is
2019	2019	not required to give an appeal bond in a cause arising under this
2020	2020	chapter[, Chapter 1601, or Chapter 1602].
2021	2021	Sec. 1603.454. ENFORCEMENT BY ATTORNEY GENERAL. The
2022	2022	attorney general shall represent the department in an action to
2023	2023	enforce this chapter[, Chapter 1601, or Chapter 1602].
2024	2024	SECTION 3.33. The following provisions of the Occupations
2025	2025	Code are repealed:
2026	2026	(1) Chapters 1601 and 1602;
2027	2027	(2) Sections 1603.104(b), (c), and (c-1);
2028	2028	(3) Section 1603.205;
2029	2029	(4) Section 1603.206;
2030	2030	(5) Section 1603.207;
2031	2031	(6) Section 1603.254;
2032	2032	(7) Section 1603.451;
2033	2033	(8) Section 1603.452;
2034	2034	(9) Section 1603.455; and
2035	2035	(10) Section 1603.456.
2036	2036	SECTION 3.34. (a) To ensure that licensed schools offering
2037	2037	instruction in barbering and cosmetology maintain accreditation
2038	2038	and that students of those schools continue to qualify for federal
2039	2039	aid, the Texas Commission of Licensing and Regulation shall, as
2040	2040	soon as practicable after the effective date of this Act, adopt any
2041	2041	rules necessary for the orderly implementation of the changes in
2042	2042	law made by this article to the licensing system and curricula
2043	2043	requirements and standards for schools offering instruction in
2044	2044	barbering and cosmetology.
2045	2045	(b) Not later than September 1, 2022:
2046	2046	(1) the Texas Commission of Licensing and Regulation
2047	2047	shall adopt any additional rules necessary to implement the changes
2048	2048	in law made by this article; and
2049	2049	(2) the Texas Department of Licensing and Regulation
2050	2050	shall begin to issue licenses and permits under Subchapters E-1,
2051	2051	E-2, and E-3, Chapter 1603, Occupations Code, as added by this
2052	2052	article.
2053	2053	SECTION 3.35. Notwithstanding the repeal by this article of
2054	2054	Chapters 1601 and 1602, and Sections 1603.205, 1603.206, and
2055	2055	1603.207, Occupations Code, the Texas Department of Licensing and
2056	2056	Regulation may continue to issue until September 1, 2022, a
2057	2057	certificate, license, or permit under those provisions as they
2058	2058	existed immediately before the effective date of this Act, and
2059	2059	those provisions are continued in effect for that purpose.
2060	2060	SECTION 3.36. Notwithstanding the repeal by this article of
2061	2061	Chapters 1601 and 1602, Occupations Code, until the Texas
2062	2062	Commission of Licensing and Regulation adopts rules regarding
2063	2063	written and practical examination requirements for the issuance of
2064	2064	licenses under Chapter 1603, Occupations Code, as amended by this
2065	2065	article, the Texas Department of Licensing and Regulation shall
2066	2066	continue to operate under the requirements regarding written and
2067	2067	practical examinations in former Chapters 1601 and 1602,
2068	2068	Occupations Code, as those chapters were in effect immediately
2069	2069	before the effective date of this Act, and those provisions are
2070	2070	continued in effect for that purpose.
2071	2071	SECTION 3.37. (a) A certificate, license, or permit issued
2072	2072	under former Chapter 1601 or 1602, Occupations Code, or under
2073	2073	former Section 1603.205, 1603.206, or 1603.207, Occupations Code,
2074	2074	before the effective date of this Act, continues to be valid until
2075	2075	the certificate, license, or permit expires, and those chapters and
2076	2076	sections are continued in effect for that purpose.
2077	2077	(b) A person who on the effective date of this Act holds a
2078	2078	certificate, license, or permit issued under former Chapter 1601 or
2079	2079	1602, Occupations Code, or under former Section 1603.205, 1603.206,
2080	2080	or 1603.207, Occupations Code, is entitled on expiration of that
2081	2081	certificate, license, or permit to issuance of a comparable license
2082	2082	or permit under the applicable provision of Chapter 1603,
2083	2083	Occupations Code, as amended by this article, if the person
2084	2084	otherwise meets the requirements for the license or permit.
2085	2085	SECTION 3.38. Notwithstanding any other law, on the
2086	2086	effective date of this Act, a person holding a permit under former
2087	2087	Subchapter G, Chapter 1601, Occupations Code, a facility license
2088	2088	under former Subchapter G, Chapter 1602, Occupations Code, or a
2089	2089	license or permit under former Section 1603.205, 1603.206, or
2090	2090	1603.207, Occupations Code, before the effective date of this Act
2091	2091	may employ or contract with any qualified individual practitioner
2092	2092	holding a certificate, license, or permit issued under Chapter 1601
2093	2093	or 1602, Occupations Code, before the effective date of this Act,
2094	2094	without regard to the chapter under which the practitioner was
2095	2095	issued the certificate, license, or permit.
2096	2096	SECTION 3.39. Notwithstanding any other law, on the
2097	2097	effective date of this Act, the holder of a license issued under
2098	2098	former Section 1601.256, 1601.262, or 1601.263, Occupations Code,
2099	2099	before the effective date of this Act may perform the services
2100	2100	described by Sections 1603.0012(a)(6) and (9), Occupations Code, as
2101	2101	added by this Act.
2102	2102	SECTION 3.40. (a) On the effective date of this Act, the
2103	2103	Advisory Board on Barbering and the Advisory Board on Cosmetology
2104	2104	are abolished.
2105	2105	(b) Not later than December 1, 2021, the presiding officer
2106	2106	of the Texas Commission of Licensing and Regulation shall appoint
2107	2107	members to the Barbering and Cosmetology Advisory Board in
2108	2108	accordance with Section 1603.051, Occupations Code, as amended by
2109	2109	this article.
2110	2110	(c) Notwithstanding Section 1603.053, Occupations Code, as
2111	2111	added by this article, in making the initial appointments to the
2112	2112	Barbering and Cosmetology Advisory Board, the presiding officer of
2113	2113	the Texas Commission of Licensing and Regulation shall designate
2114	2114	three members of the advisory board to serve terms expiring January
2115	2115	31, 2023, three members to serve terms expiring January 31, 2025,
2116	2116	and three members to serve terms expiring January 31, 2027.
2117	2117	SECTION 3.41. As soon as practicable after the effective
2118	2118	date of this Act, the comptroller of public accounts shall transfer
2119	2119	to the barbering and cosmetology school tuition protection account
2120	2120	the unexpended and unencumbered balance of the barber school
2121	2121	tuition protection account and the unexpended and unencumbered
2122	2122	balance of the private beauty culture school tuition protection
2123	2123	account.
2124	2124	SECTION 3.42. (a) The changes in law made by this article
2125	2125	do not affect the validity of a disciplinary action or other
2126	2126	proceeding that was initiated before the effective date of this Act
2127	2127	and that is pending on the effective date of this Act. A
2128	2128	disciplinary action that is pending on the effective date of this
2129	2129	Act is governed by the law in effect immediately before the
2130	2130	effective date of this Act, and the former law is continued in
2131	2131	effect for that purpose.
2132	2132	(b) The repeal of a law by this article does not entitle a
2133	2133	person to a refund of a certificate, license, or permit fee paid by the person before the effective date of this Act.
2134	2134	ARTICLE 4. DRIVER TRAINING
2135	2135	SECTION 4.01. Section 1001.001, Education Code, is amended
2136	2136	by adding Subdivisions (2-a), (6-a), (6-b), (14-b), (14-c), and
2137	2137	(14-d) and amending Subdivisions (8), (9), (13), and (14-a) to read
2138	2138	as follows:
2139	2139	(2-a) "Classroom instruction" includes instruction
2140	2140	provided in a traditional classroom setting or another in-person
2141	2141	setting or in an online setting.
2142	2142	(6-a) "Driver education instructor" means an
2143	2143	individual who holds a license to teach or provide driver education
2144	2144	issued under Section 1001.251.
2145	2145	(6-b) "Driver education provider" means an in-person
2146	2146	driver education provider, an online driver education provider, or
2147	2147	a parent-taught driver education provider.
2148	2148	(8) "Driver training" means:
2149	2149	(A) driver education provided by a driver
2150	2150	education provider [school]; or
2151	2151	(B) driving safety training provided by a driving
2152	2152	safety provider [school].
2153	2153	(9) "Driver training provider [school]" means a driver
2154	2154	education provider [school] or driving safety provider [school].
2155	2155	(13) "Driving safety provider" means a business that
2156	2156	provides a driving safety course [school" means an enterprise that:
2157	2157	[(A) maintains a place of business or solicits
2158	2158	business in this state; and
2159	2159	[(B) is operated by an individual, association,
2160	2160	partnership, or corporation for educating and training persons in
2161	2161	driving safety].
2162	2162	(14-a) "In-person driver education provider" means a
2163	2163	business that provides driver education courses in person,
2164	2164	including behind-the-wheel training, observation hours, and driver
2165	2165	license examinations.
2166	2166	(14-b) "National criminal history record information"
2167	2167	has the meaning assigned by Section 22.081.
2168	2168	(14-c) "Online driver education provider" means a
2169	2169	business that provides driver education courses to students
2170	2170	remotely through the Internet.
2171	2171	(14-d) "Parent-taught driver education provider"
2172	2172	means a business that provides driver education course materials
2173	2173	through physical means or remotely through the Internet to persons
2174	2174	who conduct parent-taught driver education under Section 1001.112.
2175	2175	SECTION 4.02. Section 1001.002(c), Education Code, is
2176	2176	amended to read as follows:
2177	2177	(c) A driver education course is exempt from this chapter,
2178	2178	other than Section 1001.055, if the course is:
2179	2179	(1) conducted by a vocational driver training provider
2180	2180	that exclusively trains [school operated to train] or prepares
2181	2181	[prepare] a person for a field of endeavor in a business, trade,
2182	2182	technical, or industrial occupation;
2183	2183	(2) conducted by a school or training program that
2184	2184	offers only instruction of purely avocational or recreational
2185	2185	subjects as determined by the department;
2186	2186	(3) sponsored by an employer to train its own
2187	2187	employees without charging tuition;
2188	2188	(4) sponsored by a recognized trade, business, or
2189	2189	professional organization with a closed membership to instruct the
2190	2190	members of the organization; or
2191	2191	(5) conducted by a school regulated and approved under
2192	2192	another law of this state.
2193	2193	SECTION 4.03. Section 1001.003, Education Code, is amended
2194	2194	to read as follows:
2195	2195	Sec. 1001.003. LEGISLATIVE INTENT REGARDING SMALL
2196	2196	BUSINESSES. It is the intent of the legislature that commission
2197	2197	rules that affect driver training providers [schools] that qualify
2198	2198	as small businesses be adopted and administered so as to have the
2199	2199	least possible adverse economic effect on the providers [schools].
2200	2200	SECTION 4.04. Section 1001.004(b), Education Code, is
2201	2201	amended to read as follows:
2202	2202	(b) The department may charge a fee to each driver education
2203	2203	provider [school] in an amount not to exceed the actual expense
2204	2204	incurred in the regulation of driver education courses established
2205	2205	under Section 1001.1015.
2206	2206	SECTION 4.05. Section 1001.051, Education Code, is amended
2207	2207	to read as follows:
2208	2208	Sec. 1001.051. JURISDICTION OVER PROVIDERS [SCHOOLS]. The
2209	2209	department has jurisdiction over and control of driver training
2210	2210	providers [schools] regulated under this chapter.
2211	2211	SECTION 4.06. Sections 1001.053(a) and (b), Education Code,
2212	2212	are amended to read as follows:
2213	2213	(a) The department and executive director, as appropriate,
2214	2214	shall:
2215	2215	(1) administer this chapter;
2216	2216	(2) enforce minimum standards for driver training
2217	2217	providers [schools] under this chapter;
2218	2218	(3) enforce rules adopted by the commission that are
2219	2219	necessary to administer this chapter; and
2220	2220	(4) inspect a driver training provider [school or
2221	2221	course provider] and reinspect the [school or course] provider for
2222	2222	compliance with this chapter.
2223	2223	(b) The executive director may designate a person
2224	2224	knowledgeable in the administration of regulating driver training
2225	2225	providers [schools] to administer this chapter.
2226	2226	SECTION 4.07. Section 1001.054, Education Code, is amended
2227	2227	to read as follows:
2228	2228	Sec. 1001.054. RULES RESTRICTING ADVERTISING. [(c)] The
2229	2229	commission by rule may restrict advertising by a branch location of
2230	2230	an in-person [a] driver education provider [training school] so
2231	2231	that the location adequately identifies the primary location of the
2232	2232	provider [school] in a solicitation.
2233	2233	SECTION 4.08. Sections 1001.055(a), (a-1), and (a-2),
2234	2234	Education Code, are amended to read as follows:
2235	2235	(a) The department shall provide to each licensed or exempt
2236	2236	driver education [school and to each parent-taught course] provider
2237	2237	[approved under this chapter] driver education certificates or
2238	2238	certificate numbers to enable the [school or approved parent-taught
2239	2239	course] provider to issue department-approved driver education
2240	2240	certificates to certify completion of an approved driver education
2241	2241	course and satisfy the requirements of Sections 521.204(a)(2),
2242	2242	Transportation Code, 521.1601, Transportation Code, as added by
2243	2243	Chapter 1253 (H.B. 339), Acts of the 81st Legislature, Regular
2244	2244	Session, 2009, and 521.1601, Transportation Code, as added by
2245	2245	Chapter 1413 (S.B. 1317), Acts of the 81st Legislature, Regular
2246	2246	Session, 2009.
2247	2247	(a-1) A certificate issued by a driver education [school or
2248	2248	parent-taught course] provider licensed [approved] under this
2249	2249	chapter must:
2250	2250	(1) be in a form required by the department; and
2251	2251	(2) include an identifying certificate number
2252	2252	provided by the department that may be used to verify the
2253	2253	authenticity of the certificate with the [driver education school
2254	2254	or approved parent-taught course] provider.
2255	2255	(a-2) A driver education [school or parent-taught course]
2256	2256	provider licensed [approved] under this chapter that purchases
2257	2257	driver education certificate numbers shall issue original and
2258	2258	duplicate certificates in a manner that, to the greatest extent
2259	2259	possible, prevents the unauthorized production or the misuse of the
2260	2260	certificates. The [driver education school or approved
2261	2261	parent-taught course] provider shall electronically submit to the
2262	2262	department in the manner established by the department data
2263	2263	identified by the department relating to issuance of
2264	2264	department-approved driver education certificates with the
2265	2265	certificate numbers.
2266	2266	SECTION 4.09. Sections 1001.056(a), (b), (c-1), (d), (e),
2267	2267	and (g), Education Code, are amended to read as follows:
2268	2268	(a) In this section, "operator" means a person approved by a
2269	2269	driving safety [course] provider to conduct an approved driving
2270	2270	safety course.
2271	2271	(b) The department shall provide each licensed driving
2272	2272	safety [course] provider with course completion certificate
2273	2273	numbers to enable the provider to issue department-approved uniform
2274	2274	certificates of course completion.
2275	2275	(c-1) A driving safety [course] provider shall provide for
2276	2276	the issuance of original and duplicate certificates in a manner
2277	2277	that, to the greatest extent possible, prevents the unauthorized
2278	2278	production or the misuse of the certificates.
2279	2279	(d) A certificate under this section must:
2280	2280	(1) be in a form required by the department; and
2281	2281	(2) include an identifying number by which the
2282	2282	department, a court, or the Department of Public Safety may verify
2283	2283	its authenticity with the driving safety [course] provider.
2284	2284	(e) The commission by rule shall establish a fee for each
2285	2285	course completion certificate number. A driving safety [course]
2286	2286	provider that supplies a certificate to an operator shall collect
2287	2287	from the operator a fee equal to the amount of the fee paid to the
2288	2288	department for the certificate number.
2289	2289	(g) A driving safety [course] provider shall issue a
2290	2290	duplicate certificate by United States mail or commercial or
2291	2291	electronic delivery. The commission by rule shall determine the
2292	2292	amount of the fee for issuance of a duplicate certificate under this
2293	2293	subsection.
2294	2294	SECTION 4.10. Section 1001.058(b), Education Code, is
2295	2295	amended to read as follows:
2296	2296	(b) The advisory committee consists of nine [eleven]
2297	2297	members appointed for staggered six-year terms by the presiding
2298	2298	officer of the commission, with the approval of the commission, as
2299	2299	follows:
2300	2300	(1) three driver education providers [one member
2301	2301	representing a driver education school that offers a traditional
2302	2302	classroom course and in-car training];
2303	2303	(2) three driving safety providers [one member
2304	2304	representing a driver education school that offers a traditional
2305	2305	classroom course, alternative methods of instruction, or in-car
2306	2306	training];
2307	2307	(3) [one member representing a driving safety school
2308	2308	offering a traditional classroom course or providing an alternative
2309	2309	method of instruction;
2310	2310	[(4) one member representing a driving safety course
2311	2311	provider approved for a traditional classroom course and for an
2312	2312	alternative method of instruction;
2313	2313	[(5) one member representing a driving safety course
2314	2314	provider approved for a traditional classroom course or for an
2315	2315	alternative method of instruction;
2316	2316	[(6)] one driver education [licensed] instructor;
2317	2317	(4) the division head [(7) one representative] of the
2318	2318	Department of Public Safety driver license division or the division
2319	2319	head's designee;
2320	2320	[(8) one member representing a drug and alcohol
2321	2321	driving awareness program course provider;
2322	2322	[(9) one member representing a parent-taught course
2323	2323	provider;] and
2324	2324	(5) one member of [(10) two members representing] the
2325	2325	public.
2326	2326	SECTION 4.11. Section 1001.059(b), Education Code, is
2327	2327	amended to read as follows:
2328	2328	(b) The department may collaborate with another state
2329	2329	agency or contract with a licensed driver education provider
2330	2330	[school] or a driver education instructor to create the course.
2331	2331	SECTION 4.12. Subchapter B, Chapter 1001, Education Code,
2332	2332	is amended by adding Section 1001.060 to read as follows:
2333	2333	Sec. 1001.060. COORDINATION WITH DEPARTMENT OF PUBLIC
2334	2334	SAFETY. (a) The department shall enter into a memorandum of
2335	2335	understanding with the Department of Public Safety for:
2336	2336	(1) the interagency development of the content of
2337	2337	driver's license examinations and examination reference materials;
2338	2338	and
2339	2339	(2) any other matter the agencies consider
2340	2340	appropriate.
2341	2341	(b) The memorandum of understanding must authorize the
2342	2342	Department of Public Safety to share with the department any
2343	2343	relevant information, including information related to examination
2344	2344	results.
2345	2345	SECTION 4.13. The heading to Subchapter C, Chapter 1001,
2346	2346	Education Code, is amended to read as follows:
2347	2347	SUBCHAPTER C. [OPERATION OF] DRIVER EDUCATION AND DRIVING SAFETY
2348	2348	CURRICULUM [SCHOOL]
2349	2349	SECTION 4.14. Section 1001.101, Education Code, is amended
2350	2350	to read as follows:
2351	2351	Sec. 1001.101. ADULT AND MINOR DRIVER EDUCATION COURSE
2352	2352	CURRICULUM AND TEXTBOOKS. (a) The commission by rule shall
2353	2353	establish or approve the curriculum and designate the educational
2354	2354	materials to be used in a driver education course for minors and
2355	2355	adults, including a driver education course conducted by a school
2356	2356	district, driver education provider [school], or parent or other
2357	2357	individual under this chapter.
2358	2358	(b) The commission by rule shall prescribe the minimum
2359	2359	number of hours of classroom instruction, observation instruction,
2360	2360	and behind-the-wheel training that must be completed for a [A]
2361	2361	driver education course to be approved under this chapter [must
2362	2362	require the student to complete:
2363	2363	[(1) 7 hours of behind-the-wheel instruction in the
2364	2364	presence of a person who holds a driver education instructor
2365	2365	license or who meets the requirements for a driver education course
2366	2366	conducted by a parent or other individual under Section 1001.112;
2367	2367	[(2) 7 hours of observation instruction in the
2368	2368	presence of a person who holds a driver education instructor
2369	2369	license or who meets the requirements for a driver education course
2370	2370	conducted by a parent or other individual under Section 1001.112;
2371	2371	and
2372	2372	[(3) 30 hours of behind-the-wheel instruction,
2373	2373	including at least 10 hours of instruction that takes place at
2374	2374	night, in the presence of an adult who meets the requirements of
2375	2375	Section 521.222(d)(2), Transportation Code].
2376	2376	SECTION 4.15. Sections 1001.1015(b) and (d), Education
2377	2377	Code, are amended to read as follows:
2378	2378	(b) A driver education course under Subsection (a) must:
2379	2379	(1) provide at least the minimum number of hours of
2380	2380	classroom instruction required by commission rule [be a six-hour
2381	2381	course]; and
2382	2382	(2) include instruction in:
2383	2383	(A) alcohol and drug awareness;
2384	2384	(B) the traffic laws of this state;
2385	2385	(C) highway signs, signals, and markings that
2386	2386	regulate, warn, or direct traffic; and
2387	2387	(D) the issues commonly associated with motor
2388	2388	vehicle accidents, including poor decision-making, risk taking,
2389	2389	impaired driving, distraction, speed, failure to use a safety belt,
2390	2390	driving at night, failure to yield the right-of-way, and using a
2391	2391	wireless communication device while operating a vehicle.
2392	2392	(d) A driving safety course [or a drug and alcohol driving
2393	2393	awareness program] may not be approved as a driver education course
2394	2394	under Subsection (a).
2395	2395	SECTION 4.16. Sections 1001.1016(b) and (c), Education
2396	2396	Code, are amended to read as follows:
2397	2397	(b) The commission by rule shall require an in-person [a]
2398	2398	driver education provider or online driver education provider
2399	2399	[school providing a driver education course] to:
2400	2400	(1) in the manner described by the Americans with
2401	2401	Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.), make
2402	2402	reasonable modifications and provide aids and services when
2403	2403	providing the classroom instruction portion of a driver education
2404	2404	[the] course that are necessary to ensure that a student who is deaf
2405	2405	or hard of hearing may fully participate in the course; and
2406	2406	(2) provide to the department the provider's
2407	2407	[school's] plan for complying with the rules adopted under this
2408	2408	section as a condition of obtaining a license under Section
2409	2409	1001.211 or renewing a license [under Section 1001.303].
2410	2410	(c) The rules adopted under Subsection (b) must allow an
2411	2411	in-person [a] driver education provider or online driver education
2412	2412	provider [school] to comply with the requirements of this section
2413	2413	by playing a video that presents the classroom instruction portion
2414	2414	of the driver education course in a manner that complies with the
2415	2415	requirements of this section.
2416	2416	SECTION 4.17. Subchapter C, Chapter 1001, Education Code,
2417	2417	is amended by adding Section 1001.1017 to read as follows:
2418	2418	Sec. 1001.1017. COURSE APPROVAL. A driver training
2419	2419	provider shall submit to the commission for approval the course
2420	2420	length and curriculum content for each course offered by the
2421	2421	provider. The provider may implement a course length and
2422	2422	curriculum content only after approval by the commission.
2423	2423	SECTION 4.18. Section 1001.112, Education Code, is amended
2424	2424	to read as follows:
2425	2425	Sec. 1001.112. PARENT-TAUGHT DRIVER EDUCATION. (a) A
2426	2426	person who is eligible under Subsection (b) may use course
2427	2427	materials provided by a parent-taught driver education provider to
2428	2428	conduct [The commission by rule shall provide for approval of] a
2429	2429	driver education course approved under Section 1001.1017 for
2430	2430	[conducted by the following persons with the noted relationship to]
2431	2431	a person who is required to complete a driver education course to
2432	2432	obtain a Class C license.
2433	2433	(b) A person is eligible to conduct a driver education
2434	2434	course for another person as provided by Subsection (a) if the
2435	2435	person:
2436	2436	(1) is either:
2437	2437	(A) a parent, stepparent, foster parent, legal
2438	2438	guardian, grandparent, or step-grandparent of the other person; or
2439	2439	(B) [(2)] an individual who:
2440	2440	(i) [(A)] has been designated on a form
2441	2441	prescribed by the department for purposes of this section by a
2442	2442	parent or[, a] legal guardian of the other person[,] or by a judge
2443	2443	of a court with jurisdiction over the other person [on a form
2444	2444	prescribed by the department];
2445	2445	(ii) [(B)] is at least 25 years of age [or
2446	2446	older];
2447	2447	(iii) [(C)] does not charge a fee for
2448	2448	conducting the course; and
2449	2449	(iv) [(D)] has at least seven years of
2450	2450	driving experience;
2451	2451	(2) has possessed [and
2452	2452	[(E) otherwise qualifies to conduct a course
2453	2453	under Subsection (a-1).
2454	2454	[(a-1) The rules must provide that the student driver spend
2455	2455	a minimum number of hours in classroom and behind-the-wheel
2456	2456	instruction.
2457	2457	[(a-2) The rules must provide that the person conducting the
2458	2458	course:
2459	2459	[(1) possess] a valid license for the preceding three
2460	2460	years that has not been suspended, revoked, or forfeited in the past
2461	2461	three years for an offense that involves the operation of a motor
2462	2462	vehicle;
2463	2463	(3) [(2)] has not been convicted of:
2464	2464	(A) criminally negligent homicide; or
2465	2465	(B) driving while intoxicated in the past seven
2466	2466	years; and
2467	2467	(4) [(3)] has not been convicted during the preceding
2468	2468	three years of:
2469	2469	(A) three or more moving violations described by
2470	2470	Section 542.304, Transportation Code, including violations that
2471	2471	resulted in an accident; or
2472	2472	(B) two or more moving violations described by
2473	2473	Section 542.304, Transportation Code, that resulted in an accident.
2474	2474	(c) A person conducting a driver education course under this
2475	2475	section may provide the classroom instruction portion, the
2476	2476	behind-the-wheel training portion, or both portions.
2477	2477	(d) [(b)] The department may [approve a course described by
2478	2478	Subsection (a) if the department determines that the course
2479	2479	materials are at least equal to those required in a course approved
2480	2480	by the department, and the department may] not require for a course
2481	2481	conducted under this section that:
2482	2482	(1) the classroom instruction be provided in a room
2483	2483	with particular characteristics or equipment; or
2484	2484	(2) the vehicle used for the behind-the-wheel training
2485	2485	[instruction] have equipment other than the equipment otherwise
2486	2486	required by law for operation of the vehicle on a highway while the
2487	2487	vehicle is not being used for driver training.
2488	2488	(e) A parent-taught driver education provider [(c) The
2489	2489	rules must provide a method by which:
2490	2490	[(1) approval of a course is obtained;
2491	2491	[(2) an applicant submits proof of completion of the
2492	2492	course;
2493	2493	[(3) approval for delivering course materials by an
2494	2494	alternative method, including electronic means, is obtained;
2495	2495	[(4) a provider of a course approved under this
2496	2496	section] may administer to an applicant the highway sign and
2497	2497	traffic law parts of the examination as provided by Section
2498	2498	521.1655(a-1), Transportation Code, through electronic means[; and
2499	2499	[(5) an applicant submits proof of passage of an
2500	2500	examination administered under Subdivision (4)].
2501	2501	(f) [(d) Completion of a driver education course approved
2502	2502	under this section has the same effect under this chapter as
2503	2503	completion of a driver education course approved by the department.
2504	2504	[(e)] The department may not charge a fee for the submission
2505	2505	of proof of:
2506	2506	(1) completion of a [the] course conducted under this
2507	2507	section; or
2508	2508	(2) passage of an examination administered under
2509	2509	Subsection (e) [(c)].
2510	2510	SECTION 4.19. Sections 1001.151(b) and (c), Education Code,
2511	2511	are amended to read as follows:
2512	2512	(b) The commission by rule shall establish a fee for:
2513	2513	(1) an initial in-person driver education provider
2514	2514	[school] license and for each branch location;
2515	2515	(2) an initial online driver education provider
2516	2516	[driving safety school] license;
2517	2517	(3) an initial parent-taught driver education
2518	2518	[course] provider license[, except that the executive director may
2519	2519	waive the fee];
2520	2520	(4) an initial driving safety provider license;
2521	2521	(5) the annual renewal for a [course provider,]
2522	2522	driving safety provider [school], driver education provider
2523	2523	[school], or branch location of an in-person driver education
2524	2524	provider, except that the executive director may waive the fee if
2525	2525	revenue generated by the issuance of course completion certificate
2526	2526	numbers and driver education certificates is sufficient to cover
2527	2527	the cost of administering this chapter and Article 45.0511, Code of
2528	2528	Criminal Procedure;
2529	2529	(6) [(5)] a change of address of a driver education
2530	2530	provider [school, driving safety school,] or driving safety
2531	2531	[course] provider; and
2532	2532	(7) [(6)] a change of name of:
2533	2533	(A) a driver education [school or course]
2534	2534	provider or an owner of a driver education [school or course]
2535	2535	provider; or
2536	2536	(B) a driving safety provider [school] or an
2537	2537	owner of a driving safety provider [school;
2538	2538	[(7) each additional driver education or driving
2539	2539	safety course at a driver training school; and
2540	2540	[(8) an initial application for approval of a driving
2541	2541	safety course that has not been evaluated by the department].
2542	2542	(c) An application for an initial driver education [or
2543	2543	driving safety] instructor license must be accompanied by a
2544	2544	processing fee and an annual license fee, except that the
2545	2545	department may not collect the processing fee from an applicant
2546	2546	[for a driver education instructor license] who is currently
2547	2547	teaching a driver education course in a public school in this state.
2548	2548	SECTION 4.20. The heading to Subchapter E, Chapter 1001,
2549	2549	Education Code, is amended to read as follows:
2550	2550	SUBCHAPTER E. LICENSING OF DRIVER TRAINING [SCHOOLS AND COURSE]
2551	2551	PROVIDERS
2552	2552	SECTION 4.21. Section 1001.201, Education Code, is amended
2553	2553	to read as follows:
2554	2554	Sec. 1001.201. LICENSE REQUIRED. A person may not provide:
2555	2555	(1) [operate a school that provides] a driver
2556	2556	education course:
2557	2557	(A) in person unless the person holds an
2558	2558	in-person [a] driver education provider [school] license; or
2559	2559	(B) online unless the person holds an online
2560	2560	driver education provider license;
2561	2561	(2) driver education course materials to persons
2562	2562	conducting parent-taught driver education under Section 1001.112
2563	2563	unless the person holds a parent-taught driver education provider
2564	2564	license; or
2565	2565	(3) [operate a school that provides] driving safety
2566	2566	courses unless the person holds a driving safety provider [school]
2567	2567	license[; or
2568	2568	[(3) operate as a course provider unless the person
2569	2569	holds a course provider license].
2570	2570	SECTION 4.22. Section 1001.202, Education Code, is amended
2571	2571	to read as follows:
2572	2572	Sec. 1001.202. LOCATIONS FOR IN-PERSON DRIVER EDUCATION
2573	2573	PROVIDERS. An in-person [(a) A] driver education provider [school]
2574	2574	that teaches a driver education course at one or more branch
2575	2575	locations must obtain a separate in-person driver education
2576	2576	provider [school] license for its main business location and for
2577	2577	each branch location. An in-person [A] driver education provider
2578	2578	[school] may not operate a branch location of a branch location.
2579	2579	[(b) A driving safety school may use multiple classroom
2580	2580	locations to teach a driving safety course if each location is
2581	2581	approved by the department.]
2582	2582	SECTION 4.23. Section 1001.204, Education Code, is amended
2583	2583	to read as follows:
2584	2584	Sec. 1001.204. REQUIREMENTS FOR DRIVER EDUCATION PROVIDER
2585	2585	[SCHOOL] LICENSE. (a) The commission by rule shall establish the
2586	2586	criteria applicable to each [for a] driver education provider
2587	2587	[school] license.
2588	2588	(b) The department shall approve an application for a driver
2589	2589	education provider [school] license if the application is submitted
2590	2590	on a form approved by the department, the application is
2591	2591	accompanied by the fee, and the department determines that the
2592	2592	applicant [school]:
2593	2593	(1) has courses, curricula, and instruction of a
2594	2594	quality, content, and length that reasonably and adequately achieve
2595	2595	the stated objective for which the courses, curricula, and
2596	2596	instruction are offered;
2597	2597	(2) [has adequate space, equipment, instructional
2598	2598	material, and instructors to provide training of good quality in
2599	2599	the classroom and behind the wheel, if applicable;
2600	2600	[(3) has instructors who have adequate educational
2601	2601	qualifications and experience;
2602	2602	[(4)] provides to each student before enrollment or
2603	2603	each person before contracting for driver education course
2604	2604	materials, to the extent applicable:
2605	2605	(A) a copy of:
2606	2606	(i) the refund policy;
2607	2607	(ii) the schedule of tuition, fees, and
2608	2608	other charges; and
2609	2609	(iii) the regulations relating to absence,
2610	2610	grading policy, and rules of operation and conduct; and
2611	2611	(B) the department's name, mailing address,
2612	2612	telephone number, and Internet website address for the purpose of
2613	2613	directing complaints to the department;
2614	2614	(3) to the extent applicable, [(5)] maintains adequate
2615	2615	records as prescribed by the department to show attendance and
2616	2616	progress or grades and enforces satisfactory standards relating to
2617	2617	attendance, progress, and conduct;
2618	2618	(4) [(6)] on completion of training, issues each
2619	2619	student a certificate indicating the course name and satisfactory
2620	2620	completion;
2621	2621	(5) [(7) complies with all county, municipal, state,
2622	2622	and federal regulations, including fire, building, and sanitation
2623	2623	codes and assumed name registration, if applicable;
2624	2624	[(8)] is financially sound and capable of fulfilling
2625	2625	its commitments for training;
2626	2626	(6) [(9)] maintains and publishes as part of its
2627	2627	student enrollment contract or materials contract, as applicable,
2628	2628	the proper policy for the refund of the unused portion of tuition,
2629	2629	fees, and other charges if a student fails to take the course or
2630	2630	withdraws or is discontinued from the provider [school] at any time
2631	2631	before completion;
2632	2632	(7) [(10)] does not use erroneous or misleading
2633	2633	advertising, either by actual statement, omission, or intimation,
2634	2634	as determined by the department;
2635	2635	(8) [(11)] does not use a name similar to the name of
2636	2636	another existing driver education provider [school] or
2637	2637	tax-supported educational institution in this state, unless
2638	2638	specifically approved in writing by the executive director;
2639	2639	(9) [(12)] submits to the department for approval the
2640	2640	applicable course hour lengths and curriculum content for each
2641	2641	course offered by the provider [school];
2642	2642	(10) [(13)] does not owe an administrative penalty for
2643	2643	a violation of this chapter;
2644	2644	(11) meets all requirements applicable to the license
2645	2645	type under Section 1001.2041, 1001.2042, or 1001.2043; and
2646	2646	(12) [(14)] meets any additional criteria required by
2647	2647	the department, including any applicable inspection requirements[;
2648	2648	and
2649	2649	[(15) provides adequate testing and security measures
2650	2650	for the school's method of instruction].
2651	2651	SECTION 4.24. Subchapter E, Chapter 1001, Education Code,
2652	2652	is amended by adding Sections 1001.2041, 1001.2042, and 1001.2043
2653	2653	to read as follows:
2654	2654	Sec. 1001.2041. REQUIREMENTS FOR IN-PERSON DRIVER
2655	2655	EDUCATION PROVIDER. Before an in-person driver education provider
2656	2656	license may be issued, the department must determine that the
2657	2657	applicant:
2658	2658	(1) has adequate space, equipment, instructional
2659	2659	material, and driver education instructors to provide training of
2660	2660	good quality in the classroom and behind the wheel; and
2661	2661	(2) complies with all county, municipal, state, and
2662	2662	federal regulations, including fire, building, and sanitation
2663	2663	codes and assumed name registration, if applicable.
2664	2664	Sec. 1001.2042. REQUIREMENTS FOR ONLINE DRIVER EDUCATION
2665	2665	PROVIDER. Before an online driver education provider license may
2666	2666	be issued, the department must determine that the applicant has:
2667	2667	(1) an adequate number of driver education instructors
2668	2668	to provide training of good quality; and
2669	2669	(2) adequate testing and security measures to validate
2670	2670	a student's identity and active participation in a driver education
2671	2671	course.
2672	2672	Sec. 1001.2043. REQUIREMENTS FOR PARENT-TAUGHT DRIVER
2673	2673	EDUCATION PROVIDER. (a) Before a parent-taught driver education
2674	2674	provider license may be issued, the department must determine that
2675	2675	the applicant has:
2676	2676	(1) an adequate method by which a person completing a
2677	2677	parent-taught driver education course under Section 1001.112 using
2678	2678	the provider's course materials may submit proof of:
2679	2679	(A) completion of the course; or
2680	2680	(B) passage of an examination administered by the
2681	2681	provider under Section 1001.112(e);
2682	2682	(2) hired or contracted with only driver education
2683	2683	instructors, if the provider elects to hire or contract with an
2684	2684	instructor to assist with driver education; and
2685	2685	(3) adequate testing and security measures to validate
2686	2686	a student's active participation in a driver education course.
2687	2687	(b) Except as specifically provided by this chapter, a
2688	2688	parent-taught driver education provider that provides driver
2689	2689	education course materials remotely through the Internet is not
2690	2690	subject to any course or curriculum requirements established by the
2691	2691	commission or department for online driver education providers.
2692	2692	SECTION 4.25. Section 1001.206, Education Code, is amended
2693	2693	to read as follows:
2694	2694	Sec. 1001.206. REQUIREMENTS FOR DRIVING SAFETY [COURSE]
2695	2695	PROVIDER LICENSE. (a) The commission by rule shall establish
2696	2696	criteria for a driving safety [course] provider license.
2697	2697	(b) The department shall approve an application for a
2698	2698	driving safety [course] provider license if the application is
2699	2699	submitted on a form approved by the executive director, includes
2700	2700	the fee, and [on inspection of the premises of the school] the
2701	2701	department determines that the applicant:
2702	2702	(1) has driving safety courses, curricula, and
2703	2703	instruction of a quality, content, and length that reasonably and
2704	2704	adequately achieve the stated objective for which the courses,
2705	2705	curricula, and instruction are offered [the course provider has an
2706	2706	approved course that at least one licensed driving safety school is
2707	2707	willing to offer];
2708	2708	(2) provides [the course provider has adequate
2709	2709	educational qualifications and experience;
2710	2710	[(3) the course provider will:
2711	2711	[(A) develop and provide] to each student before
2712	2712	enrollment:
2713	2713	(A) [driving safety school that offers the
2714	2714	approved course] a copy of:
2715	2715	(i) the refund policy; [and]
2716	2716	(ii) the schedule of tuition, fees, and
2717	2717	other charges; and
2718	2718	(iii) the regulations relating to absence,
2719	2719	grading policy, and rules of operation and conduct; and
2720	2720	(B) [provide to the driving safety school] the
2721	2721	department's name, mailing address, telephone number, and Internet
2722	2722	website address for the purpose of directing complaints to the
2723	2723	department;
2724	2724	(3) [(4) a copy of the information provided to each
2725	2725	driving safety school under Subdivision (3) will be provided to
2726	2726	each student by the school before enrollment;
2727	2727	[(5)] not later than the 15th working day after the date
2728	2728	a person successfully completes the course, issues [the course
2729	2729	provider will issue] and delivers [deliver] to the person by United
2730	2730	States mail or commercial or electronic delivery a uniform
2731	2731	certificate of course completion indicating the course name and
2732	2732	successful completion;
2733	2733	(4) [(6) the course provider] maintains adequate
2734	2734	records as prescribed by the department to show attendance and
2735	2735	progress or grades and enforces satisfactory standards relating to
2736	2736	attendance, progress, and conduct;
2737	2737	(5) [(7) the course provider] complies with all
2738	2738	county, municipal, state, and federal laws, including assumed name
2739	2739	registration and other applicable requirements;
2740	2740	(6) [(8) the course provider] is financially sound and
2741	2741	capable of fulfilling its commitments for training;
2742	2742	(7) [(9) the course provider] maintains and publishes
2743	2743	as a part of its student enrollment contract the proper policy for
2744	2744	the refund of the unused portion of tuition, fees, and other charges
2745	2745	if a student fails to take the course or withdraws or is
2746	2746	discontinued from the provider [school] at any time before
2747	2747	completion;
2748	2748	(8) [(10) the course provider] does not use erroneous
2749	2749	or misleading advertising, either by actual statement, omission, or
2750	2750	intimation, as determined by the department;
2751	2751	(9) [(11) the course provider] does not use a name
2752	2752	similar to the name of another existing driving safety provider
2753	2753	[school] or tax-supported educational institution in this state,
2754	2754	unless specifically approved in writing by the executive director;
2755	2755	(10) submits to the department for approval the
2756	2756	applicable course hour lengths and curriculum content for each
2757	2757	course offered by the provider;
2758	2758	(11) [(12) the course provider] does not owe an
2759	2759	administrative penalty for a violation of this chapter;
2760	2760	(12) provides adequate testing and security measures
2761	2761	for the provider's method of instruction to validate a student's
2762	2762	identity and active participation in a driving safety course; and
2763	2763	(13) [the course provider] meets any additional
2764	2764	criteria required by the department.
2765	2765	SECTION 4.26. Section 1001.207, Education Code, is amended
2766	2766	to read as follows:
2767	2767	Sec. 1001.207. BOND REQUIREMENTS: DRIVER EDUCATION
2768	2768	PROVIDER [SCHOOL]. (a) Before a driver education provider
2769	2769	[school] may be issued a license, the provider [school] must file a
2770	2770	corporate surety bond with the department in the amount of:
2771	2771	(1) $10,000 [for the primary location of the school];
2772	2772	and
2773	2773	(2) for an in-person driver education provider, $5,000
2774	2774	for each branch location of the provider.
2775	2775	(b) A bond issued under Subsection (a) must be:
2776	2776	(1) issued in a form approved by the department;
2777	2777	(2) issued by a company authorized to do business in
2778	2778	this state;
2779	2779	(3) payable to the department to be used only for
2780	2780	payment of a refund due to a student or potential student;
2781	2781	(4) conditioned on the compliance of the provider
2782	2782	[school] and its officers, agents, and employees with this chapter
2783	2783	and rules adopted under this chapter; and
2784	2784	(5) issued for a period corresponding to the term of
2785	2785	the license.
2786	2786	(c) Posting of a bond in the amount required under
2787	2787	Subsection (a) satisfies the requirements for financial stability
2788	2788	for driver education providers [schools] under this chapter.
2789	2789	(d) A driver education provider who files a bond under
2790	2790	Subsection (a)(1) or provides an alternate form of security under
2791	2791	Section 1001.210 to obtain one type of driver education provider
2792	2792	license may not be required to file an additional bond under
2793	2793	Subsection (a)(1) or provide an alternate form of security under
2794	2794	Section 1001.210 for any other type of driver education provider
2795	2795	license.
2796	2796	SECTION 4.27. Section 1001.209, Education Code, is amended
2797	2797	to read as follows:
2798	2798	Sec. 1001.209. BOND REQUIREMENTS: DRIVING SAFETY [COURSE]
2799	2799	PROVIDER. (a) Before a license may be issued to a driving safety
2800	2800	[course] provider, the [course] provider must provide a corporate
2801	2801	surety bond in the amount of $10,000.
2802	2802	(b) A bond issued under Subsection (a) must be:
2803	2803	(1) issued by a company authorized to do business in
2804	2804	this state;
2805	2805	(2) payable to the department to be used:
2806	2806	(A) for payment of a refund due a student of the
2807	2807	[course] provider's approved driving safety courses [course];
2808	2808	(B) to cover the payment of unpaid fees or
2809	2809	penalties assessed by the executive director or the commission; or
2810	2810	(C) to recover any cost associated with providing
2811	2811	course completion certificate numbers, including the cancellation
2812	2812	of certificate numbers;
2813	2813	(3) conditioned on the compliance of the [course]
2814	2814	provider and its officers, agents, and employees with this chapter
2815	2815	and rules adopted under this chapter; and
2816	2816	(4) issued for a period corresponding to the term of
2817	2817	the license.
2818	2818	SECTION 4.28. Section 1001.210, Education Code, is amended
2819	2819	to read as follows:
2820	2820	Sec. 1001.210. ALTERNATE FORM OF SECURITY. Instead of the
2821	2821	bond required by Section 1001.207 or 1001.209, a driver education
2822	2822	provider [school] or driving safety [course] provider may provide
2823	2823	another form of security that is:
2824	2824	(1) approved by the department; and
2825	2825	(2) in the amount required for a comparable bond under
2826	2826	Section 1001.207 or 1001.209.
2827	2827	SECTION 4.29. Sections 1001.211(b) and (c), Education Code,
2828	2828	are amended to read as follows:
2829	2829	(b) A license must be in a form determined by the department
2830	2830	and must show in a clear and conspicuous manner:
2831	2831	(1) the date of issuance, effective date, and term of
2832	2832	the license;
2833	2833	(2) the name and address of the driver training
2834	2834	[school or course] provider;
2835	2835	(3) the authority for and conditions of approval; and
2836	2836	(4) any other fair and reasonable representation that
2837	2837	is consistent with this chapter and that the department considers
2838	2838	necessary.
2839	2839	(c) An applicant may obtain both a driver education provider
2840	2840	[school] license and a driving safety provider [school] license.
2841	2841	SECTION 4.30. Sections 1001.213(b), (c), and (d), Education
2842	2842	Code, are amended to read as follows:
2843	2843	(b) If a change in ownership of a driver training [school or
2844	2844	course] provider is proposed, a new owner shall apply for a new
2845	2845	[school or course] provider license at least 30 days before the date
2846	2846	of the change.
2847	2847	(c) The commission by rule may establish fees for a new
2848	2848	driver education [school or course] provider license under
2849	2849	Subsection (b) and, if applicable, for each branch location of an
2850	2850	in-person driver education provider if:
2851	2851	(1) the new owner is substantially similar to the
2852	2852	previous owner; and
2853	2853	(2) there is no significant change in the management
2854	2854	or control of the [driver education school or course] provider.
2855	2855	(d) The department may inspect a driver training provider's
2856	2856	main [school] or [a] branch location, as applicable, after a change
2857	2857	of ownership.
2858	2858	SECTION 4.31. Section 1001.214, Education Code, is amended
2859	2859	to read as follows:
2860	2860	Sec. 1001.214. DUPLICATE LICENSE. A duplicate license may
2861	2861	be issued to a driver training [school or course] provider if:
2862	2862	(1) the original license is lost or destroyed; and
2863	2863	(2) an affidavit of that fact is filed with the
2864	2864	department.
2865	2865	SECTION 4.32. Section 1001.251(a), Education Code, is
2866	2866	amended to read as follows:
2867	2867	(a) Except as authorized under Section 1001.112, a [A]
2868	2868	person may not teach or provide driver education[, either as an
2869	2869	individual or in a driver education school,] or conduct any phase of
2870	2870	driver education[,] unless the person holds a driver education
2871	2871	instructor license issued by the executive director.
2872	2872	SECTION 4.33. Section 1001.2511(e), Education Code, is
2873	2873	amended to read as follows:
2874	2874	(e) The commission may adopt rules to administer this
2875	2875	section, including rules establishing:
2876	2876	(1) deadlines for a person to submit fingerprints and
2877	2877	photographs in compliance with this section;
2878	2878	(2) sanctions for a person's failure to comply with the
2879	2879	requirements of this section, including suspension or revocation of
2880	2880	or refusal to issue a license described by Subsection (a); and
2881	2881	(3) notification to a driver education provider
2882	2882	[school] of relevant information obtained by the department under
2883	2883	this section.
2884	2884	SECTION 4.34. Section 1001.2512, Education Code, is amended
2885	2885	to read as follows:
2886	2886	Sec. 1001.2512. FEES FOR CRIMINAL HISTORY RECORD
2887	2887	INFORMATION REVIEW. The commission by rule shall require a person
2888	2888	submitting to a national criminal history record information review
2889	2889	under Section 1001.2511 or the driver education provider [school]
2890	2890	employing the person, as determined by the department, to pay a fee
2891	2891	for the review in an amount not to exceed the amount of any fee
2892	2892	imposed on an application for certification under Subchapter B,
2893	2893	Chapter 21, for a national criminal history record information
2894	2894	review under Section 22.0837.
2895	2895	SECTION 4.35. Section 1001.2513, Education Code, is amended
2896	2896	to read as follows:
2897	2897	Sec. 1001.2513. CONFIDENTIALITY OF INFORMATION. A social
2898	2898	security number, driver's license number, other identification
2899	2899	number, or fingerprint record collected for a person to comply with
2900	2900	Section 1001.2511:
2901	2901	(1) may not be released except:
2902	2902	(A) to provide relevant information to driver
2903	2903	education providers [schools] or otherwise to comply with Section
2904	2904	1001.2511;
2905	2905	(B) by court order; or
2906	2906	(C) with the consent of the person who is the
2907	2907	subject of the information;
2908	2908	(2) is not subject to disclosure as provided by
2909	2909	Chapter 552, Government Code; and
2910	2910	(3) shall be destroyed by the requestor or any
2911	2911	subsequent holder of the information not later than the first
2912	2912	anniversary of the date the information is received.
2913	2913	SECTION 4.36. Sections 1001.2514(a) and (d), Education
2914	2914	Code, are amended to read as follows:
2915	2915	(a) A driver education provider [school] shall discharge or
2916	2916	refuse to hire as an instructor an employee or applicant for
2917	2917	employment if the department obtains information through a criminal
2918	2918	history record information review that:
2919	2919	(1) the employee or applicant has been convicted of:
2920	2920	(A) a felony offense under Title 5, Penal Code;
2921	2921	(B) an offense on conviction of which a defendant
2922	2922	is required to register as a sex offender under Chapter 62, Code of
2923	2923	Criminal Procedure; or
2924	2924	(C) an offense under the laws of another state or
2925	2925	federal law that is equivalent to an offense under Paragraph (A) or
2926	2926	(B); and
2927	2927	(2) at the time the offense occurred, the victim of the
2928	2928	offense described by Subdivision (1) was under 18 years of age or
2929	2929	was enrolled in a public school.
2930	2930	(d) A driver education provider [school] may discharge an
2931	2931	employee who serves as an instructor if the provider [school]
2932	2932	obtains information of the employee's conviction of a felony or of a
2933	2933	misdemeanor involving moral turpitude that the employee did not
2934	2934	disclose to the provider [school] or the department. An employee
2935	2935	discharged under this subsection is considered to have been
2936	2936	discharged for misconduct for purposes of Section 207.044, Labor
2937	2937	Code.
2938	2938	SECTION 4.37. Section 1001.2531(b), Education Code, is
2939	2939	amended to read as follows:
2940	2940	(b) An applicant for a driver education instructor license
2941	2941	under this section must:
2942	2942	(1) apply to the department on a form prescribed by the
2943	2943	department and under rules adopted by the commission;
2944	2944	(2) submit with the application a nonrefundable
2945	2945	application fee in an amount set by commission rule; and
2946	2946	(3) present satisfactory evidence to the department
2947	2947	that the applicant:
2948	2948	(A) is at least 21 years of age; and
2949	2949	(B) [holds a high school diploma or high school
2950	2950	equivalency certificate; and
2951	2951	[(C)] meets any other requirement established by
2952	2952	commission rule.
2953	2953	SECTION 4.38. Sections 1001.255(a), (b), and (c), Education
2954	2954	Code, are amended to read as follows:
2955	2955	(a) The department shall regulate as a driver education
2956	2956	provider of the type determined appropriate by the department
2957	2957	[school] a driver education instructor who:
2958	2958	(1) teaches driver education courses in a county
2959	2959	having a population of 50,000 or less; and
2960	2960	(2) does not teach more than 200 students annually.
2961	2961	(b) An instructor described by Subsection (a) must submit to
2962	2962	the department an application for an initial or renewal driver
2963	2963	education provider [school] license, together with all required
2964	2964	documentation and information.
2965	2965	(c) The executive director may waive initial or renewal
2966	2966	driver education provider [school] license fees.
2967	2967	SECTION 4.39. Section 1001.301, Education Code, is amended
2968	2968	to read as follows:
2969	2969	Sec. 1001.301. EXPIRATION OF DRIVER TRAINING [SCHOOL OR
2970	2970	COURSE] PROVIDER LICENSE. The term of a driver training [education
2971	2971	school, driving safety school, or course] provider license may not
2972	2972	exceed one year.
2973	2973	SECTION 4.40. Section 1001.302, Education Code, is amended
2974	2974	to read as follows:
2975	2975	Sec. 1001.302. EXPIRATION OF DRIVER EDUCATION INSTRUCTOR
2976	2976	LICENSE. The term of a driver education instructor [or driving
2977	2977	safety instructor] license may not exceed one year.
2978	2978	SECTION 4.41. Section 1001.351, Education Code, is amended
2979	2979	to read as follows:
2980	2980	Sec. 1001.351. DRIVING SAFETY [COURSE] PROVIDER
2981	2981	RESPONSIBILITIES. (a) Not later than the 15th working day after
2982	2982	the course completion date, a driving safety [course] provider or a
2983	2983	person at the [course] provider's facilities shall issue and
2984	2984	deliver by United States mail or commercial or electronic delivery
2985	2985	a uniform certificate of course completion to a person who
2986	2986	successfully completes an approved driving safety course.
2987	2987	(b) A driving safety [course] provider shall electronically
2988	2988	submit to the department in the manner established by the
2989	2989	department data identified by the department relating to uniform
2990	2990	certificates of course completion issued by the [course] provider.
2991	2991	[(c) A course provider shall conduct driving safety
2992	2992	instructor development courses for its approved driving safety
2993	2993	courses.]
2994	2994	SECTION 4.42. Section 1001.352, Education Code, is amended
2995	2995	to read as follows:
2996	2996	Sec. 1001.352. FEES FOR DRIVING SAFETY COURSE. A driving
2997	2997	safety [course] provider shall charge each student:
2998	2998	(1) at least $25 for a driving safety course; and
2999	2999	(2) a fee of at least $3 for course materials and for
3000	3000	supervising and administering the course.
3001	3001	SECTION 4.43. Section 1001.353, Education Code, is amended
3002	3002	to read as follows:
3003	3003	Sec. 1001.353. DRIVER TRAINING COURSE AT PUBLIC OR PRIVATE
3004	3004	SCHOOL. A driver training provider [school] may conduct a driver
3005	3005	training course at a public or private school for students of the
3006	3006	public or private school as provided by an agreement with the public
3007	3007	or private school. The course is subject to any law applicable to a
3008	3008	course conducted at the main business location of the driver
3009	3009	training provider [school].
3010	3010	SECTION 4.44. Section 1001.355, Education Code, is amended
3011	3011	to read as follows:
3012	3012	Sec. 1001.355. WITHHOLDING CERTAIN RECORDS. A driver
3013	3013	training provider [school] may withhold a student's diploma or
3014	3014	certificate of completion until the student fulfills the student's
3015	3015	financial obligation to the provider [school].
3016	3016	SECTION 4.45. Section 1001.356, Education Code, is amended
3017	3017	to read as follows:
3018	3018	Sec. 1001.356. REQUIREMENT TO CARRY LICENSE. A driver
3019	3019	education instructor [or driving safety instructor] shall carry the
3020	3020	person's instructor license at all times while instructing a driver
3021	3021	education course [or driving safety course].
3022	3022	SECTION 4.46. Section 1001.357, Education Code, is amended
3023	3023	to read as follows:
3024	3024	Sec. 1001.357. CONTRACT WITH UNLICENSED DRIVER TRAINING
3025	3025	PROVIDER [SCHOOL]. A contract entered into with a person for a
3026	3026	course of instruction by or on behalf of a person operating an
3027	3027	unlicensed driver training provider [school] is unenforceable.
3028	3028	SECTION 4.47. Section 1001.401, Education Code, is amended
3029	3029	to read as follows:
3030	3030	Sec. 1001.401. CANCELLATION AND SETTLEMENT POLICY. As a
3031	3031	condition for obtaining a driver training [education school license
3032	3032	or course] provider license, the [school or course] provider must
3033	3033	maintain a cancellation and settlement policy that provides a full
3034	3034	refund of all money paid by a student if:
3035	3035	(1) the student cancels the enrollment contract before
3036	3036	midnight of the third day, other than a Saturday, Sunday, or legal
3037	3037	holiday, after the date the enrollment contract is signed by the
3038	3038	student, unless the student successfully completes the course or
3039	3039	receives a failing grade on the course examination; or
3040	3040	(2) the enrollment of the student was procured as a
3041	3041	result of a misrepresentation in:
3042	3042	(A) advertising or promotional materials of the
3043	3043	[school or course] provider; or
3044	3044	(B) a representation made by an owner or employee
3045	3045	of the [school or course] provider.
3046	3046	SECTION 4.48. Section 1001.402, Education Code, is amended
3047	3047	to read as follows:
3048	3048	Sec. 1001.402. TERMINATION POLICY. (a) As a condition for
3049	3049	obtaining a driver training provider [education school] license,
3050	3050	the provider [school] must maintain a policy for the refund of the
3051	3051	unused portion of tuition, fees, and other charges if a student,
3052	3052	after expiration of the cancellation period described by Section
3053	3053	1001.401, does not enter the course or withdraws or is discontinued
3054	3054	from the course at any time before completion.
3055	3055	(b) The policy must provide that:
3056	3056	(1) refunds are based on the period of enrollment
3057	3057	computed on the basis of course time expressed in clock hours;
3058	3058	(2) the effective date of the termination for refund
3059	3059	purposes is the earliest of:
3060	3060	(A) the last day of attendance, if the student's
3061	3061	enrollment is terminated by the provider [school];
3062	3062	(B) the date the provider [school] receives
3063	3063	written notice from the student; or
3064	3064	(C) the 10th school day after the last day of
3065	3065	attendance;
3066	3066	(3) if tuition is collected in advance of entrance and
3067	3067	if a student does not enter the course [school], terminates
3068	3068	enrollment, or withdraws, the provider [school]:
3069	3069	(A) may retain not more than $50 as an
3070	3070	administrative expense; and
3071	3071	(B) shall refund that portion of the student's
3072	3072	remaining classroom tuition and fees and behind-the-wheel tuition
3073	3073	and fees that corresponds to services the student does not receive;
3074	3074	(4) the provider [school] shall refund items of extra
3075	3075	expense to the student, including instructional supplies, books,
3076	3076	laboratory fees, service charges, rentals, deposits, and all other
3077	3077	charges not later than the 30th day after the effective date of
3078	3078	enrollment termination if:
3079	3079	(A) the extra expenses are separately stated and
3080	3080	shown in the information provided to the student before enrollment;
3081	3081	and
3082	3082	(B) the student returns to the provider [school]
3083	3083	any provider [school] property in the student's possession; and
3084	3084	(5) refunds shall be completed not later than the 30th
3085	3085	day after the effective date of enrollment termination.
3086	3086	SECTION 4.49. Section 1001.403, Education Code, is amended
3087	3087	to read as follows:
3088	3088	Sec. 1001.403. REFUND FOR DISCONTINUED COURSE. On the
3089	3089	discontinuation of a course by a driver training [education school
3090	3090	or a course] provider that prevents a student from completing the
3091	3091	course, all tuition and fees paid become refundable.
3092	3092	SECTION 4.50. Sections 1001.404(a) and (c), Education Code,
3093	3093	are amended to read as follows:
3094	3094	(a) If a refund is not timely made, the driver training
3095	3095	[education school or course] provider shall pay interest on the
3096	3096	amount of the refund. Interest begins to accrue on the first day
3097	3097	after the expiration of the refund period and ends on the day
3098	3098	preceding the date the refund is made.
3099	3099	(c) The department may except a driver training [education
3100	3100	school or course] provider from the payment of interest if the
3101	3101	[school or course] provider makes a good-faith effort to refund
3102	3102	tuition, fees, and other charges but is unable to locate the student
3103	3103	to whom the refund is owed. On request of the department, the
3104	3104	driver training [school or course] provider shall document the
3105	3105	effort to locate a student.
3106	3106	SECTION 4.51. Subchapter I, Chapter 1001, Education Code,
3107	3107	is amended by adding Section 1001.405 to read as follows:
3108	3108	Sec. 1001.405. APPLICABILITY TO PARENT-TAUGHT DRIVER
3109	3109	EDUCATION PROVIDER. The commission shall adopt rules as necessary
3110	3110	to ensure this subchapter applies as appropriate to a parent-taught
3111	3111	driver education provider.
3112	3112	SECTION 4.52. Section 1001.451, Education Code, is amended
3113	3113	to read as follows:
3114	3114	Sec. 1001.451. PROHIBITED PRACTICES. A person may not:
3115	3115	(1) use advertising that is false, misleading, or
3116	3116	deceptive;
3117	3117	(2) fail to notify the department of the
3118	3118	discontinuance of the operation of a driver training provider
3119	3119	[school] before the 15th working day after the date of cessation of
3120	3120	classes and make available accurate records as required by this
3121	3121	chapter;
3122	3122	(3) issue, sell, trade, or transfer:
3123	3123	(A) a uniform certificate of course completion or
3124	3124	driver education certificate to a person or driver training
3125	3125	provider [school] not authorized to possess the certificate;
3126	3126	(B) a uniform certificate of course completion to
3127	3127	a person who has not successfully completed an approved[, six-hour]
3128	3128	driving safety course; or
3129	3129	(C) a driver education certificate to a person
3130	3130	who has not successfully completed a department-approved driver
3131	3131	education course;
3132	3132	(4) negotiate a promissory instrument received as
3133	3133	payment of tuition or another charge before the student completes
3134	3134	75 percent of the course, except that before that time the
3135	3135	instrument may be assigned to a purchaser who becomes subject to any
3136	3136	defense available against the provider [school] named as payee; or
3137	3137	(5) conduct any part of an approved driver education
3138	3138	course [or driving safety course] without having an instructor
3139	3139	adequately available [physically present in appropriate proximity]
3140	3140	to the student for the type of instruction being given.
3141	3141	SECTION 4.53. Section 1001.452, Education Code, is amended
3142	3142	to read as follows:
3143	3143	Sec. 1001.452. COURSE OF INSTRUCTION OR PROVISION OF
3144	3144	MATERIALS. A driver training provider [school] may not conduct a
3145	3145	course of instruction or provide driver education course materials,
3146	3146	as applicable, in this state before the date the provider [school]
3147	3147	receives the necessary [a] driver training provider [school]
3148	3148	license from the department.
3149	3149	SECTION 4.54. The heading to Section 1001.453, Education
3150	3150	Code, is amended to read as follows:
3151	3151	Sec. 1001.453. DISTRIBUTION OF WRITTEN INFORMATION ON
3152	3152	DRIVING SAFETY [COURSE] PROVIDER.
3153	3153	SECTION 4.55. Sections 1001.453(a) and (b), Education Code,
3154	3154	are amended to read as follows:
3155	3155	(a) A person may not distribute within 500 feet of a court
3156	3156	with jurisdiction over an offense to which Article 45.0511, Code of
3157	3157	Criminal Procedure, applies written information that advertises a
3158	3158	driving safety [course] provider.
3159	3159	(b) The department may revoke the license of a driving
3160	3160	safety [course] provider if the [course] provider or the [course]
3161	3161	provider's agent, employee, or representative violates this
3162	3162	section.
3163	3163	SECTION 4.56. Section 1001.455, Education Code, is amended
3164	3164	to read as follows:
3165	3165	Sec. 1001.455. DENIAL, SUSPENSION, OR REVOCATION OF DRIVER
3166	3166	EDUCATION INSTRUCTOR LICENSE. (a) The executive director or the
3167	3167	commission may deny an application for a driver education [an]
3168	3168	instructor license or suspend or revoke the license of a driver
3169	3169	education [an] instructor if the instructor:
3170	3170	(1) fails to meet a requirement for issuance of or
3171	3171	holding a license under this chapter;
3172	3172	(2) permits or engages in misrepresentation, fraud, or
3173	3173	deceit in applying for or obtaining a certificate, license, or
3174	3174	permit;
3175	3175	(3) induces fraud or fraudulent practices on the part
3176	3176	of an applicant for a driver's license or permit;
3177	3177	(4) permits or engages in any other fraudulent
3178	3178	practice in an action between the applicant or license holder and
3179	3179	the public;
3180	3180	(5) fails to comply with commission rules relating to
3181	3181	driver instruction; or
3182	3182	(6) fails to comply with this chapter.
3183	3183	SECTION 4.57. Section 106.115(a), Alcoholic Beverage Code,
3184	3184	is amended to read as follows:
3185	3185	(a) On the placement of a minor on deferred disposition for
3186	3186	an offense under Section 49.02, Penal Code, or under Section
3187	3187	106.02, 106.025, 106.04, 106.041, 106.05, or 106.07, the court
3188	3188	shall require the defendant to attend an alcohol awareness program
3189	3189	approved by the Texas Department of Licensing and Regulation under
3190	3190	this section or [,] a drug education program approved by the
3191	3191	Department of State Health Services in accordance with Section
3192	3192	521.374, Transportation Code[, or a drug and alcohol driving
3193	3193	awareness program approved by the Texas Education Agency]. On
3194	3194	conviction of a minor of an offense under one or more of those
3195	3195	sections, the court, in addition to assessing a fine as provided by
3196	3196	those sections, shall require a defendant who has not been
3197	3197	previously convicted of an offense under one of those sections to
3198	3198	attend an alcohol awareness program or [,] a drug education
3199	3199	program[, or a drug and alcohol driving awareness program]
3200	3200	described by this subsection. If the defendant has been previously
3201	3201	convicted once or more of an offense under one or more of those
3202	3202	sections, the court may require the defendant to attend an alcohol
3203	3203	awareness program or [,] a drug education program[, or a drug and
3204	3204	alcohol driving awareness program] described by this subsection. If
3205	3205	the defendant is younger than 18 years of age, the court may require
3206	3206	the parent or guardian of the defendant to attend the program with
3207	3207	the defendant. The Texas Department of Licensing and Regulation or
3208	3208	Texas Commission of Licensing and Regulation, as appropriate:
3209	3209	(1) is responsible for the administration of the
3210	3210	certification of approved alcohol awareness programs;
3211	3211	(2) may charge a nonrefundable application fee for:
3212	3212	(A) initial certification of the approval; or
3213	3213	(B) renewal of the certification;
3214	3214	(3) shall adopt rules regarding alcohol awareness
3215	3215	programs approved under this section; and
3216	3216	(4) shall monitor, coordinate, and provide training to
3217	3217	a person who provides an alcohol awareness program.
3218	3218	SECTION 4.58. Article 45.051(b-1), Code of Criminal
3219	3219	Procedure, is amended to read as follows:
3220	3220	(b-1) If the defendant is younger than 25 years of age and
3221	3221	the offense committed by the defendant is a traffic offense
3222	3222	classified as a moving violation:
3223	3223	(1) Subsection (b)(8) does not apply;
3224	3224	(2) during the deferral period, the judge[:
3225	3225	[(A)] shall require the defendant to complete a
3226	3226	driving safety course approved under Chapter 1001, Education Code;
3227	3227	and
3228	3228	[(B) may require the defendant to complete an
3229	3229	additional driving safety course designed for drivers younger than
3230	3230	25 years of age and approved under Section 1001.111, Education
3231	3231	Code; and]
3232	3232	(3) if the defendant holds a provisional license,
3233	3233	during the deferral period the judge shall require that the
3234	3234	defendant be examined by the Department of Public Safety as
3235	3235	required by Section 521.161(b)(2), Transportation Code; a
3236	3236	defendant is not exempt from the examination regardless of whether
3237	3237	the defendant was examined previously.
3238	3238	SECTION 4.59. Section 28.012(a)(3), Education Code, is
3239	3239	amended to read as follows:
3240	3240	(3) "Driver training provider [school]" has the
3241	3241	meaning assigned by Section 1001.001.
3242	3242	SECTION 4.60. Section 28.012(e), Education Code, is amended
3243	3243	to read as follows:
3244	3244	(e) Subject to rules adopted by the board, a school district
3245	3245	or open-enrollment charter school may tailor the instruction
3246	3246	developed under this section as appropriate for the district's or
3247	3247	school's community. In tailoring the instruction, the district or
3248	3248	school shall solicit input from local law enforcement agencies,
3249	3249	driver training providers [schools], and the community.
3250	3250	SECTION 4.61. Section 29.902(c), Education Code, is amended
3251	3251	to read as follows:
3252	3252	(c) A school district shall consider offering a driver
3253	3253	education and traffic safety course during each school year. If the
3254	3254	district offers the course, the district may:
3255	3255	(1) conduct the course and charge a fee for the course
3256	3256	in the amount determined by the agency to be comparable to the fee
3257	3257	charged by a driver education provider [school] that holds a
3258	3258	license under Chapter 1001; or
3259	3259	(2) contract with a driver education provider [school]
3260	3260	that holds a license under Chapter 1001 to conduct the course.
3261	3261	SECTION 4.62. Section 123.007, Government Code, is amended
3262	3262	to read as follows:
3263	3263	Sec. 123.007. USE OF OTHER DRUG AND ALCOHOL AWARENESS
3264	3264	PROGRAMS. In addition to using a drug court program established
3265	3265	under this chapter, the commissioners court of a county or a court
3266	3266	may use other drug awareness [or drug and alcohol driving
3267	3267	awareness] programs to treat persons convicted of drug or alcohol
3268	3268	related offenses.
3269	3269	SECTION 4.63. Section 521.165(e), Transportation Code, is
3270	3270	amended to read as follows:
3271	3271	(e) The department may authorize an entity described by
3272	3272	Subsection (a), including a driver education provider [school]
3273	3273	described by Section 521.1655, to administer the examination
3274	3274	required by Section 521.161(b)(2).
3275	3275	SECTION 4.64. Sections 521.1655(a) and (a-1),
3276	3276	Transportation Code, are amended to read as follows:
3277	3277	(a) An in-person [A] driver education provider or online
3278	3278	driver education provider [school] licensed under Chapter 1001,
3279	3279	Education Code, may administer to a student of that provider
3280	3280	[school] the vision, highway sign, and traffic law parts of the
3281	3281	examination required by Section 521.161.
3282	3282	(a-1) A parent-taught driver education [course] provider
3283	3283	licensed [approved] under Chapter 1001, Education Code, [Section
3284	3284	521.205] may administer to a student of that course the highway sign
3285	3285	and traffic law parts of the examination required by Section
3286	3286	521.161.
3287	3287	SECTION 4.65. Sections 521.206(a) and (b), Transportation
3288	3288	Code, are amended to read as follows:
3289	3289	(a) The department shall collect data regarding collisions
3290	3290	of students taught by public schools, driver education providers
3291	3291	[schools] licensed under Chapter 1001, Education Code, and other
3292	3292	entities that offer driver education courses to students for which
3293	3293	a uniform certificate of course completion is issued. The
3294	3294	collision rate is computed by determining the number of an entity's
3295	3295	students who complete a driver education course during a state
3296	3296	fiscal year, dividing that number by the number of collisions that
3297	3297	involved students who completed such a course and that occurred in
3298	3298	the 12-month period following their licensure, and expressing the
3299	3299	quotient as a percentage.
3300	3300	(b) The department shall collect data regarding the
3301	3301	collision rate of students taught by course instructors approved
3302	3302	under Section 1001.112, Education Code. The collision rate is
3303	3303	computed by determining the number of students who completed a
3304	3304	course taught [approved] under that section [Section 1001.112,
3305	3305	Education Code,] during a state fiscal year, dividing that number
3306	3306	by the number of collisions that involved students who completed
3307	3307	such a course and that occurred in the 12-month period following
3308	3308	their licensure, and expressing the quotient as a percentage.
3309	3309	SECTION 4.66. Section 521.222(a), Transportation Code, is
3310	3310	amended to read as follows:
3311	3311	(a) The department may issue a learner license, including a
3312	3312	Class A or Class B driver's learner license, to a person who:
3313	3313	(1) is 15 years of age or older but under 18 years of
3314	3314	age;
3315	3315	(2) has satisfactorily completed and passed the
3316	3316	classroom phase of an approved driver education course, which may
3317	3317	be a course taught [approved] under Section 1001.112, Education
3318	3318	Code;
3319	3319	(3) meets the requirements imposed under Section
3320	3320	521.204(a)(3); and
3321	3321	(4) has passed each examination required under Section
3322	3322	521.161 other than the driving test.
3323	3323	SECTION 4.67. Section 542.304(a), Transportation Code, as
3324	3324	added by Chapter 1094 (H.B. 2048), Acts of the 86th Legislature,
3325	3325	Regular Session, 2019, is amended to conform to Section 4.40,
3326	3326	Chapter 1352 (S.B. 346), Acts of the 86th Legislature, Regular
3327	3327	Session, 2019, and is further amended to read as follows:
3328	3328	(a) The department by rule shall designate the offenses
3329	3329	involving the operation of a motor vehicle that constitute a moving
3330	3330	violation of the traffic law for the purposes of:
3331	3331	(1) [Article 102.022(a), Code of Criminal Procedure;
3332	3332	[(2)] Section 1001.112(b)(4) [1001.112(a-2)],
3333	3333	Education Code;
3334	3334	(2) [(3)] Section 411.110(f), Government Code; and
3335	3335	(3) [(4)] Sections 773.0614(b) and 773.06141(a),
3336	3336	Health and Safety Code.
3337	3337	SECTION 4.68. The following provisions are repealed:
3338	3338	(1) Article 45.0511(u), Code of Criminal Procedure;
3339	3339	(2) Sections 1001.001(4), (7), (10), (11), and (14),
3340	3340	Education Code;
3341	3341	(3) Section 1001.056(f), Education Code;
3342	3342	(4) Section 1001.1015(c), Education Code;
3343	3343	(5) Sections 1001.103 and 1001.111, Education Code;
3344	3344	(6) Section 1001.151(e), Education Code;
3345	3345	(7) Sections 1001.205 and 1001.208, Education Code;
3346	3346	(8) Section 1001.251(b), Education Code;
3347	3347	(9) Section 1001.2531(a), Education Code;
3348	3348	(10) Sections 1001.2532, 1001.2533, 1001.2534,
3349	3349	1001.2535, 1001.303, 1001.304, 1001.354, 1001.3541, and 1001.3542,
3350	3350	Education Code;
3351	3351	(11) the heading to Subchapter K, Chapter 1001,
3352	3352	Education Code;
3353	3353	(12) Section 545.412(g), Transportation Code; and
3354	3354	(13) Section 545.413(i), Transportation Code.
3355	3355	SECTION 4.69. On December 1, 2021:
3356	3356	(1) the terms of members serving on the driver
3357	3357	training and traffic safety advisory committee under Section
3358	3358	1001.058, Education Code, immediately before that date expire; and
3359	3359	(2) the presiding officer of the Texas Commission of
3360	3360	Licensing and Regulation shall appoint members of the driver
3361	3361	training and traffic safety advisory committee in accordance with
3362	3362	Section 1001.058, Education Code, as amended by this article, with
3363	3363	initial terms as follows:
3364	3364	(A) three members to terms expiring February 1,
3365	3365	2023;
3366	3366	(B) three members to terms expiring February 1,
3367	3367	2025; and
3368	3368	(C) three members to terms expiring February 1,
3369	3369	2027.
3370	3370	SECTION 4.70. Not later than January 1, 2022, the Texas
3371	3371	Department of Licensing and Regulation and the Department of Public
3372	3372	Safety of the State of Texas shall enter into the memorandum of
3373	3373	understanding required by Section 1001.060, Education Code, as
3374	3374	added by this article.
3375	3375	SECTION 4.71. (a) Not later than January 1, 2023, the Texas
3376	3376	Commission of Licensing and Regulation shall adopt rules necessary
3377	3377	to implement the changes in law made by this article to Chapter
3378	3378	1001, Education Code.
3379	3379	(b) A driver education school license, driving safety
3380	3380	school license, or course provider license issued under Chapter
3381	3381	1001, Education Code, before the date the Texas Department of
3382	3382	Licensing and Regulation implements the changes described in
3383	3383	Subsection (a) of this section continues to be valid until the date
3384	3384	the license expires. On expiration of that license, the license
3385	3385	holder shall apply for a new license under Chapter 1001, Education
3386	3386	Code, as amended by this article, to continue to provide services
3387	3387	for which a license is required by that chapter.
3388	3388	SECTION 4.72. The changes in law made by this article to
3389	3389	Section 106.115, Alcoholic Beverage Code, and Article 45.051, Code
3390	3390	of Criminal Procedure, with respect to participation in a
3391	3391	court-ordered program or course, apply to a court order entered on
3392	3392	or after the effective date of this Act. A court order entered
3393	3393	before that date is governed by the law in effect on the date the
3394	3394	order was entered, and the former law is continued in effect for
3395	3395	that purpose.
3396	3396	SECTION 4.73. To the extent of any conflict, this article
3397	3397	prevails over another Act of the 87th Legislature, Regular Session,
3398	3398	2021, relating to nonsubstantive additions to and corrections in
3399	3399	enacted codes.
3400	3400	ARTICLE 5. EFFECTIVE DATE
3401	3401	SECTION 5.01. This Act takes effect September 1, 2021.