88R11359 MAW-D
By: Harrison H.B. No. 3081
A BILL TO BE ENTITLED
AN ACT
relating to the deregulation of certain activities and occupations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The following provisions are repealed:
(1) Title 9, Agriculture Code;
(2) Article 42A.511(b), Code of Criminal Procedure;
(3) Sections 91.001(1), (4), (8), (8-a), and (11),
Labor Code;
(4) Section 91.002, Labor Code;
(5) Section 91.008, Labor Code;
(6) Subchapter B, Chapter 91, Labor Code;
(7) Section 91.045, Labor Code;
(8) Section 91.048, Labor Code;
(9) Section 91.061, Labor Code;
(10) Chapter 802, Occupations Code;
(11) Sections 1305.002(11-b) and (12), Occupations
Code;
(12) Section 1305.1601, Occupations Code;
(13) Section 1305.1605, Occupations Code;
(14) Section 1305.162(e), Occupations Code; and
(15) Chapter 1802, Occupations Code.
SECTION 2. Articles 18.19(c), (d), and (e), Code of
Criminal Procedure, are amended to read as follows:
(c) If there is no prosecution or conviction for an offense
involving the weapon seized, the magistrate to whom the seizure was
reported shall, before the 61st day after the date the magistrate
determines that there will be no prosecution or conviction, notify
in writing the person found in possession of the weapon that the
person is entitled to the weapon upon written request to the
magistrate. The magistrate shall order the weapon returned to the
person found in possession before the 61st day after the date the
magistrate receives a request from the person. If the weapon is not
requested before the 61st day after the date of notification, the
magistrate shall, before the 121st day after the date of
notification, order the weapon destroyed, sold at public sale by
the law enforcement agency holding the weapon or by an auctioneer
[licensed under Chapter 1802, Occupations Code], or forfeited to
the state for use by the law enforcement agency holding the weapon
or by a county forensic laboratory designated by the magistrate. If
the magistrate does not order the return, destruction, sale, or
forfeiture of the weapon within the applicable period prescribed by
this subsection, the law enforcement agency holding the weapon may
request an order of destruction, sale, or forfeiture of the weapon
from the magistrate. Only a firearms dealer licensed under 18
U.S.C. Section 923 may purchase a weapon at public sale under this
subsection. Proceeds from the sale of a seized weapon under this
subsection shall be transferred, after the deduction of court costs
to which a district court clerk is entitled under Article 59.05(f),
followed by the deduction of auction costs, to the law enforcement
agency holding the weapon.
(d) A person either convicted or receiving deferred
adjudication under Chapter 46, Penal Code, is entitled to the
weapon seized upon request to the court in which the person was
convicted or placed on deferred adjudication. However, the court
entering the judgment shall order the weapon destroyed, sold at
public sale by the law enforcement agency holding the weapon or by
an auctioneer [licensed under Chapter 1802, Occupations Code], or
forfeited to the state for use by the law enforcement agency holding
the weapon or by a county forensic laboratory designated by the
court if:
(1) the person does not request the weapon before the
61st day after the date of the judgment of conviction or the order
placing the person on deferred adjudication;
(2) the person has been previously convicted under
Chapter 46, Penal Code;
(3) the weapon is one defined as a prohibited weapon
under Chapter 46, Penal Code;
(4) the offense for which the person is convicted or
receives deferred adjudication was committed in or on the premises
of a playground, school, video arcade facility, or youth center, as
those terms are defined by Section 481.134, Health and Safety Code;
or
(5) the court determines based on the prior criminal
history of the defendant or based on the circumstances surrounding
the commission of the offense that possession of the seized weapon
would pose a threat to the community or one or more individuals.
(e) If the person found in possession of a weapon is
convicted of an offense involving the use of the weapon, before the
61st day after the date of conviction the court entering judgment of
conviction shall order destruction of the weapon, sale at public
sale by the law enforcement agency holding the weapon or by an
auctioneer [licensed under Chapter 1802, Occupations Code], or
forfeiture to the state for use by the law enforcement agency
holding the weapon or by a county forensic laboratory designated by
the court. If the court entering judgment of conviction does not
order the destruction, sale, or forfeiture of the weapon within the
period prescribed by this subsection, the law enforcement agency
holding the weapon may request an order of destruction, sale, or
forfeiture of the weapon from a magistrate. Only a firearms dealer
licensed under 18 U.S.C. Section 923 may purchase a weapon at public
sale under this subsection. Proceeds from the sale of a seized
weapon under this subsection shall be transferred, after the
deduction of court costs to which a district court clerk is entitled
under Article 59.05(f), followed by the deduction of auction costs,
to the law enforcement agency holding the weapon.
SECTION 3. Article 42A.511(a), Code of Criminal Procedure,
is amended to read as follows:
(a) If a judge grants community supervision to a defendant
convicted of an offense under Section 42.09, 42.091, 42.092, or
42.10, Penal Code, the judge may require the defendant to[:
[(1) complete an online responsible pet owner course
approved and certified by the Texas Department of Licensing and
Regulation; or
[(2)] attend a responsible pet owner course sponsored
by a municipal animal shelter, as defined by Section 823.001,
Health and Safety Code, that:
(1) [(A)] receives federal, state, county, or
municipal funds; and
(2) [(B)] serves the county in which the court is
located.
SECTION 4. Sections 91.001(3) and (18), Labor Code, are
amended to read as follows:
(3) "Client" means any person who enters into a
professional employer services agreement with a professional
employer organization [license holder].
(18) "Working capital" of a professional employer
organization [an applicant] means the organization's [applicant's]
current assets minus [the applicant's] current liabilities as
determined by generally accepted accounting principles.
SECTION 5. Section 91.003, Labor Code, is amended to read as
follows:
Sec. 91.003. INTERAGENCY COOPERATION. (a) Each state
agency that in performing duties under other law affects the
regulation of professional employer services shall cooperate with
[the department and] other state agencies as necessary to implement
and enforce this chapter.
(b) In particular, the Texas Workforce Commission, the
division of workers' compensation of the Texas Department of
Insurance, the Department of Assistive and Rehabilitative
Services, and the attorney general's office shall assist in the
implementation of this chapter [and shall provide information to
the department on request].
SECTION 6. Sections 91.004(a) and (c), Labor Code, are
amended to read as follows:
(a) This chapter does not exempt a client of a professional
employer organization [license holder], or any covered employee,
from any other license requirements imposed under local, state, or
federal law.
(c) A professional employer organization [license holder]
is not engaged in the unauthorized practice of an occupation,
trade, or profession that is licensed, certified, or otherwise
regulated by a governmental entity solely by entering into a
professional employer services agreement with a client and covered
employees.
SECTION 7. Section 91.005, Labor Code, is amended to read as
follows:
Sec. 91.005. APPLICATION OF CERTAIN PROCUREMENT LAWS. With
respect to a bid, contract, purchase order, or agreement entered
into with the state or a political subdivision of the state, a
client's status or certification as a small, minority-owned,
disadvantaged, or woman-owned business enterprise or as a
historically underutilized business is not affected because the
client has entered into a professional employer services agreement
with [a license holder] or uses the services of a professional
employer organization [license holder].
SECTION 8. Section 91.006(a), Labor Code, is amended to
read as follows:
(a) A certificate of insurance coverage or other evidence of
coverage showing that either a professional employer organization
[license holder] or a client maintains workers' compensation
insurance coverage constitutes proof of workers' compensation
insurance coverage for the organization [license holder] and the
client with respect to all covered employees of the organization
[license holder] and the client. The state and a political
subdivision of the state shall accept a certificate of insurance
coverage or other evidence of coverage described by this section as
proof of workers' compensation coverage under Chapter 406.
SECTION 9. Sections 91.031(a) and (b), Labor Code, are
amended to read as follows:
(a) A professional employer organization [license holder]
shall establish the terms of a professional employer services
agreement by a written contract between the organization [license
holder] and the client.
(b) The professional employer organization [license holder]
shall give written notice of the agreement as it affects covered
employees to each covered employee.
SECTION 10. Section 91.032(a), Labor Code, is amended to
read as follows:
(a) A professional employer services agreement between a
professional employer organization [license holder] and a client
must provide that the organization [license holder]:
(1) shares, as provided by Subsection (b), with the
client the right of direction and control over covered employees;
(2) assumes responsibility for the payment of wages to
the covered employees without regard to payments by the client to
the organization [license holder];
(3) assumes responsibility for the payment of payroll
taxes and collection of taxes from payroll on covered employees;
(4) shares, as provided by Subsection (b), with the
client the right to hire, fire, discipline, and reassign the
covered employees; and
(5) shares, as provided by Subsection (b), with the
client the right of direction and control over the adoption of
employment and safety policies and the management of workers'
compensation claims, claim filings, and related procedures.
SECTION 11. The heading to Subchapter D, Chapter 91, Labor
Code, is amended to read as follows:
SUBCHAPTER D. POWERS AND DUTIES OF PROFESSIONAL EMPLOYER
ORGANIZATION [LICENSE HOLDER]
SECTION 12. Section 91.041, Labor Code, is amended to read
as follows:
Sec. 91.041. EMPLOYEE BENEFIT PLANS; REQUIRED DISCLOSURE;
OTHER REPORTS. (a) A client and professional employer
organization [license holder] are each considered an employer under
the laws of this state for purposes of sponsoring retirement and
welfare benefit plans for covered employees.
(a-1) A professional employer organization [license holder]
may sponsor a single welfare benefit plan under which eligible
covered employees of one or more clients may elect to participate.
(a-2) A fully insured welfare benefit plan offered to the
covered employees of a professional employer organization [license
holder] and provided by an insurance company authorized to provide
that insurance in this state or a self-funded health benefit plan
sponsored by a professional employer organization [license holder]
as provided by Section 91.0411 shall be treated for purposes of
state law as a single employer welfare benefit plan.
(b) With respect to any insurance or benefit plan provided
by a professional employer organization [license holder] for the
benefit of its assigned employees, the organization [a license
holder] shall disclose the following information to [the
department,] each client[,] and its covered employees:
(1) the type of coverage;
(2) the identity of each insurer for each type of
coverage;
(3) the amount of benefits provided for each type of
coverage and to whom or in whose behalf benefits are to be paid;
(4) the policy limits on each insurance policy; and
(5) whether the coverage is fully insured, partially
insured, or fully self-funded.
[(c) The commission by rule may require a license holder to
file other reports that are reasonably necessary for the
implementation of this chapter.]
SECTION 13. Sections 91.0411(b), (c), (e), and (f), Labor
Code, are amended to read as follows:
(b) A professional employer organization [license holder]
may sponsor a benefit plan that is not fully insured if the
organization [license holder] meets the requirements of this
section and is approved to sponsor the plan by the commissioner.
(c) The commissioner may, on notice and opportunity for all
interested persons to be heard, adopt rules and issue orders
reasonably necessary to augment and implement the regulation of
benefit plans sponsored by a professional employer organization
[license holder] that are not fully insured. The commissioner may
not adopt a rule that requires clients or covered employees to be
members of an association or group in the same trade or industry in
order to be covered by a [license holder-sponsored] benefit plan
that is not fully insured. The rules must include all requirements
that must be met by the organization [license holder] and the plan,
including:
(1) initial and final approval requirements;
(2) authority to prescribe forms and items to be
submitted to the commissioner by the organization [license holder];
(3) a fidelity bond;
(4) use of an independent actuary;
(5) use of a third-party administrator;
(6) authority for the commissioner to examine an
application or a plan;
(7) the minimum number of clients and covered
employees covered by the plan;
(8) standards for those natural persons managing the
plan;
(9) the minimum amount of gross contributions;
(10) the minimum amount of written commitment, binder,
or policy for stop-loss insurance;
(11) the minimum amount of reserves; and
(12) a fee in an amount reasonable and necessary to
defray the costs of administering this section to be deposited to
the credit of the operating fund of the Texas Department of
Insurance.
(e) Each professional employer organization [license
holder] under this section shall appoint the commissioner as its
resident agent for purposes of service of process. The fee for that
service is $50, payable at the time of appointment.
(f) The commissioner may examine the affairs of any plan and
shall have access to the records of the plan. The commissioner may
examine under oath a manager or employee of the professional
employer organization [license holder] in connection with the plan.
SECTION 14. Sections 91.042(a), (a-1), (b), (c), (d), (e),
(g), (h), and (i), Labor Code, are amended to read as follows:
(a) A professional employer organization [license holder]
or client may elect to obtain workers' compensation insurance
coverage for covered employees through an insurance company as
defined under Section 401.011(28) or through self-insurance as
provided under Chapter 407.
(a-1) The client and the professional employer organization
shall specify in the professional employer services agreement
whether the parties have elected to obtain workers' compensation
insurance coverage for the covered employees and shall specify
which party must maintain coverage. If the organization [license
holder] maintains workers' compensation insurance coverage for the
client, an individual who is an executive employee, as described by
Section 406.097, of the client is eligible to be treated as an
executive employee for premium calculation and classification
purposes. A copy of the professional employer services agreement
must be provided to the Texas Department of Insurance on request.
Information obtained by the Texas Department of Insurance under
this section is confidential and not subject to disclosure under
Chapter 552, Government Code.
(b) If a professional employer organization [license
holder] maintains workers' compensation insurance coverage for
covered employees, the organization [license holder] shall pay
workers' compensation insurance premiums for the covered employees
based on the experience rating of the client for the first two years
the covered employees are covered under the [professional employer]
organization's policy and as further provided by rule by the Texas
Department of Insurance.
(c) For workers' compensation insurance purposes, a
professional employer organization [license holder] and the
organization's [license holder's] client shall be coemployers. If
either a professional employer organization [license holder] or a
client elects to obtain workers' compensation insurance coverage
for covered employees, the client and the organization [license
holder] are subject to Sections 406.005, 406.034, 408.001, and
411.032.
(d) If a professional employer organization [license
holder] or a client does not elect to obtain workers' compensation
insurance coverage for covered employees, both the organization
[license holder] and the client are subject to Sections 406.004,
406.005, 406.033, and 411.032.
(e) After the expiration of the two-year period under
Subsection (b), if the client elects to obtain workers'
compensation insurance coverage for covered employees through
coverage maintained by the client, or if the professional employer
services agreement is terminated and the client elects to maintain,
through coverage maintained by the client or through coverage
maintained by a successor professional employer organization,
workers' compensation insurance coverage for employees previously
covered by the former professional employer organization's policy,
the premium for the workers' compensation insurance coverage for
the client shall be based on the lower of:
(1) the experience modifier of the client before being
covered under the professional employer organization's coverage;
or
(2) the experience modifier of the former professional
employer organization [license holder] at the time the client's
coverage under the professional employer organization's coverage
is terminated.
(g) On the written request of a client, a professional
employer organization [license holder] that elects to provide
workers' compensation insurance for covered employees shall
provide to the client a list of:
(1) claims associated with that client made against
the organization's [license holder's] workers' compensation policy;
and
(2) payments made and reserves established on each
claim.
(h) The professional employer organization [license holder]
shall provide the information described by Subsection (g) in
writing from the organization's [license holder's] own records, if
the organization [license holder] is a qualified self-insurer, or
from information the organization [license holder] received from
the organization's [license holder's] workers' compensation
insurance provider following the organization's [license holder's]
request under Section 2051.151, Insurance Code, not later than the
60th day after the date the organization [license holder] receives
the client's written request. For purposes of this subsection,
information is considered to be provided to the client on the date
the information is:
(1) received by the United States Postal Service; or
(2) personally delivered to the client.
(i) A professional employer organization [license holder]
that fails to comply with Subsection (g) or (h) commits a Class D
administrative violation as provided by Section 415.011.
SECTION 15. Section 91.044, Labor Code, is amended to read
as follows:
Sec. 91.044. UNEMPLOYMENT TAXES; PAYROLL. (a) A
professional employer organization [license holder] is the
employer of a covered employee for purposes of Subtitle A, Title 4,
and, except for wages subject to Section 91.032(c), for purposes of
Chapter 61.
(a-1) A professional employer organization [license holder]
may, in a calendar year during which an employee becomes a covered
employee of the organization [license holder], apply toward the
maximum amount of taxable wages established in Section 201.082(1)
any wages paid to the employee in that calendar year by:
(1) the client; or
(2) another professional employer organization
[license holder] under a prior professional employer services
agreement with that client.
(a-2) In addition to any other reports required to be filed
by law, a professional employer organization [license holder] shall
report quarterly to the Texas Workforce Commission on a form
prescribed by the Texas Workforce Commission the name, address,
telephone number, federal income tax identification number, and
classification code according to the North American Industry
Classification System of each client.
(b) For purposes of Subtitle A, Title 4, in the event of the
termination of a contract between a professional employer
organization [license holder] and a client or the failure by a
professional employer organization to submit reports or make tax
payments as required by that subtitle, the contracting client shall
be treated as a new employer without a previous experience record
unless that client is otherwise eligible for an experience rating.
SECTION 16. Section 91.046, Labor Code, is amended to read
as follows:
Sec. 91.046. CONTRACTUAL DUTIES. Each professional
employer organization [license holder] is responsible for the
organization's [license holder's] contractual duties and
responsibilities to manage, maintain, collect, and make timely
payments for:
(1) insurance premiums;
(2) benefit and welfare plans;
(3) other employee withholding; and
(4) any other expressed responsibility within the
scope of the professional employer services agreement for
fulfilling the duties imposed under this section and Sections
91.032 and[,] 91.047[, and 91.048].
SECTION 17. Section 91.047, Labor Code, is amended to read
as follows:
Sec. 91.047. COMPLIANCE WITH OTHER LAWS. Each professional
employer organization [license holder] shall comply with all
appropriate state and federal laws relating to reporting,
sponsoring, filing, and maintaining benefit and welfare plans.
SECTION 18. Section 91.049, Labor Code, is amended to read
as follows:
Sec. 91.049. AGENT FOR SERVICE OF PROCESS. Each
professional employer organization [license holder] shall maintain
a registered agent for the service of process in this state.
SECTION 19. The heading to Subchapter E, Chapter 91, Labor
Code, is amended to read as follows:
SUBCHAPTER E. [PROHIBITED ACTS;] ENFORCEMENT
SECTION 20. Section 91.062(a), Labor Code, is amended to
read as follows:
(a) A state agency with duties related to the regulation of
professional employer services [The executive director] may notify
the attorney general of a violation of this chapter. The attorney
general may apply to a district court in Travis County for
permission to file for quo warranto relief, injunctive relief, or
both.
SECTION 21. Section 415.011, Labor Code, is amended to read
as follows:
Sec. 415.011. NOTICE OF PROFESSIONAL EMPLOYER ORGANIZATION
WORKERS' COMPENSATION CLAIM AND PAYMENT INFORMATION;
ADMINISTRATIVE VIOLATION. (a) In this section, "professional
employer organization" ["license holder"] has the meaning assigned
by Section 91.001.
(a-1) Except as provided by Subsection (c), a professional
employer organization [license holder] commits a violation if the
organization [license holder] fails to provide the information
required by Sections 91.042(g) and (h).
(b) A violation under Subsection (a-1) [(a)] is an
administrative violation.
(c) A professional employer organization [license holder]
does not commit an administrative violation under this section if
the organization [license holder] requested the information
required by Sections 91.042(g) and (h) from the organization's
[license holder's] workers' compensation insurance provider and the
provider does not provide the information to the organization
[license holder] within the required time. A professional employer
organization [license holder] shall notify the Texas Department of
Insurance of a provider's failure to comply with the requirements
of Section 2051.151, Insurance Code.
SECTION 22. Section 252.022(a), Local Government Code, is
amended to read as follows:
(a) This chapter does not apply to an expenditure for:
(1) a procurement made because of a public calamity
that requires the immediate appropriation of money to relieve the
necessity of the municipality's residents or to preserve the
property of the municipality;
(2) a procurement necessary to preserve or protect the
public health or safety of the municipality's residents;
(3) a procurement necessary because of unforeseen
damage to public machinery, equipment, or other property;
(4) a procurement for personal, professional, or
planning services;
(5) a procurement for work that is performed and paid
for by the day as the work progresses;
(6) a purchase of land or a right-of-way;
(7) a procurement of items that are available from
only one source, including:
(A) items that are available from only one source
because of patents, copyrights, secret processes, or natural
monopolies;
(B) films, manuscripts, or books;
(C) gas, water, and other utility services;
(D) captive replacement parts or components for
equipment;
(E) books, papers, and other library materials
for a public library that are available only from the persons
holding exclusive distribution rights to the materials; and
(F) management services provided by a nonprofit
organization to a municipal museum, park, zoo, or other facility to
which the organization has provided significant financial or other
benefits;
(8) a purchase of rare books, papers, and other
library materials for a public library;
(9) paving drainage, street widening, and other public
improvements, or related matters, if at least one-third of the cost
is to be paid by or through special assessments levied on property
that will benefit from the improvements;
(10) a public improvement project, already in
progress, authorized by the voters of the municipality, for which
there is a deficiency of funds for completing the project in
accordance with the plans and purposes authorized by the voters;
(11) a payment under a contract by which a developer
participates in the construction of a public improvement as
provided by Subchapter C, Chapter 212;
(12) personal property sold:
(A) at an auction [by a state licensed
auctioneer];
(B) at a going out of business sale held in
compliance with Subchapter F, Chapter 17, Business & Commerce Code;
(C) by a political subdivision of this state, a
state agency of this state, or an entity of the federal government;
or
(D) under an interlocal contract for cooperative
purchasing administered by a regional planning commission
established under Chapter 391;
(13) services performed by blind or severely disabled
persons;
(14) goods purchased by a municipality for subsequent
retail sale by the municipality;
(15) electricity; or
(16) advertising, other than legal notices.
SECTION 23. Section 262.024(a), Local Government Code, is
amended to read as follows:
(a) A contract for the purchase of any of the following
items is exempt from the requirement established by Section 262.023
if the commissioners court by order grants the exemption:
(1) an item that must be purchased in a case of public
calamity if it is necessary to make the purchase promptly to relieve
the necessity of the citizens or to preserve the property of the
county;
(2) an item necessary to preserve or protect the
public health or safety of the residents of the county;
(3) an item necessary because of unforeseen damage to
public property;
(4) a personal or professional service;
(5) any individual work performed and paid for by the
day, as the work progresses, provided that no individual is
compensated under this subsection for more than 20 working days in
any three month period;
(6) any land or right-of-way;
(7) an item that can be obtained from only one source,
including:
(A) items for which competition is precluded
because of the existence of patents, copyrights, secret processes,
or monopolies;
(B) films, manuscripts, or books;
(C) electric power, gas, water, and other utility
services; and
(D) captive replacement parts or components for
equipment;
(8) an item of food;
(9) personal property sold:
(A) at an auction [by a state licensed
auctioneer];
(B) at a going out of business sale held in
compliance with Subchapter F, Chapter 17, Business & Commerce Code;
or
(C) by a political subdivision of this state, a
state agency of this state, or an entity of the federal government;
(10) any work performed under a contract for community
and economic development made by a county under Section 381.004; or
(11) vehicle and equipment repairs.
SECTION 24. Section 263.153(c), Local Government Code, is
amended to read as follows:
(c) A county that contracts with an auctioneer [licensed
under Chapter 1802, Occupations Code,] who uses an Internet auction
site offering online bidding through the Internet to sell surplus
or salvage property under this subchapter having an estimated value
of not more than $500 shall satisfy the notice requirement under
this section by posting the property on the site for at least 10
days unless the property is sold before the 10th day.
SECTION 25. Section 1101.005, Occupations Code, is amended
to read as follows:
Sec. 1101.005. APPLICABILITY OF CHAPTER. This chapter
does not apply to:
(1) an attorney licensed in this state;
(2) an attorney-in-fact authorized under a power of
attorney to conduct not more than three real estate transactions
annually;
(3) a public official while engaged in official
duties;
(4) an auctioneer [licensed under Chapter 1802] while
conducting the sale of real estate by auction if the auctioneer does
not perform another act of a broker;
(5) a person conducting a real estate transaction
under a court order or the authority of a will or written trust
instrument;
(6) a person employed by an owner in the sale of
structures and land on which structures are located if the
structures are erected by the owner in the course of the owner's
business;
(7) an on-site manager of an apartment complex;
(8) an owner or the owner's employee who leases the
owner's improved or unimproved real estate; or
(9) a transaction involving:
(A) the sale, lease, or transfer of a mineral or
mining interest in real property;
(B) the sale, lease, or transfer of a cemetery
lot;
(C) the lease or management of a hotel or motel;
or
(D) the sale of real property under a power of
sale conferred by a deed of trust or other contract lien.
SECTION 26. Section 1305.102(a), Occupations Code, is
amended to read as follows:
(a) The commission shall adopt rules for the licensing of
electricians, sign electricians, electrical sign contractors,
electrical contractors, [journeyman industrial electricians,
journeyman linemen,] residential appliance installers, and
residential appliance installation contractors as prescribed by
this chapter.
SECTION 27. Sections 33.25(b), (f), and (g), Tax Code, are
amended to read as follows:
(b) The commissioners court of a county by official action
may authorize a peace officer or the collector for the county
charged with selling property under this subchapter by public
auction to enter into an agreement with an auctioneer [a person who
holds an auctioneer's license] to advertise the auction sale of the
property and to conduct the auction sale of the property. The
agreement may provide for on-line bidding and sale.
(f) The proceeds of a sale of property under this section
shall be applied to:
(1) any compensation owed to or any expense advanced
by the [licensed] auctioneer under an agreement entered into under
Subsection (b) or a service provider under an agreement entered
into under Subsection (c);
(2) all usual costs, expenses, and fees of the seizure
and sale, payable to the peace officer conducting the sale;
(3) all additional expenses incurred in advertising
the sale or in removing, storing, preserving, or safeguarding the
seized property pending its sale;
(4) all usual court costs payable to the clerk of the
court that issued the tax warrant; and
(5) taxes, penalties, interest, and attorney's fees
included in the application for warrant.
(g) The peace officer or [licensed] auctioneer conducting
the sale shall pay all proceeds from the sale to the collector
designated in the tax warrant for distribution as required by
Subsection (f).
SECTION 28. Section 460.406(c), Transportation Code, is
amended to read as follows:
(c) The board of directors may authorize the negotiation of
a contract without competitive sealed bids or proposals if:
(1) the aggregate amount involved in the contract is
less than the greater of:
(A) $50,000; or
(B) the amount of an expenditure under a contract
that would require a municipality to comply with Section
252.021(a), Local Government Code;
(2) the contract is for construction for which not
more than one bid or proposal is received;
(3) the contract is for services or property for which
there is only one source or for which it is otherwise impracticable
to obtain competition, including:
(A) items that are available from only one source
because of patents, copyrights, secret processes, or natural
monopolies;
(B) gas, water, and other utility services; and
(C) captive replacement parts or components for
equipment;
(4) the contract is to respond to an emergency for
which the public exigency does not permit the delay incident to the
competitive process;
(5) the contract is for personal, professional, or
planning services;
(6) the contract, without regard to form and which may
include bonds, notes, loan agreements, or other obligations, is for
the purpose of borrowing money or is a part of a transaction
relating to the borrowing of money, including:
(A) a credit support agreement, such as a line or
letter of credit or other debt guaranty;
(B) a bond, note, debt sale or purchase, trustee,
paying agent, remarketing agent, indexing agent, or similar
agreement;
(C) an agreement with a securities dealer,
broker, or underwriter; and
(D) any other contract or agreement considered by
the board of directors to be appropriate or necessary in support of
the authority's financing activities;
(7) the contract is for work that is performed and paid
for by the day as the work progresses;
(8) the contract is for the lease or purchase of an
interest in land;
(9) the contract is for the purchase of personal
property sold:
(A) at an auction [by a state licensed
auctioneer];
(B) at a going out of business sale held in
compliance with Subchapter F, Chapter 17, Business & Commerce Code;
or
(C) by a political subdivision of this state, a
state agency, or an entity of the federal government;
(10) the contract is for services performed by persons
who are blind or have severe disabilities;
(11) the contract is for the purchase of electricity;
(12) the contract is one for an authority project and
awarded for alternate project delivery using the procedures,
requirements, and limitations under Subchapters E, F, G, H, and I,
Chapter 2269, Government Code; or
(13) the contract is for fare enforcement officer
services under Section 460.1092.
SECTION 29. Sections 503.024(b) and (d), Transportation
Code, are amended to read as follows:
(b) For the purposes of Section 503.021, a person is not
engaging in business as a dealer by:
(1) selling or offering to sell, if the sale or offer
is not made to avoid a requirement of this chapter, a vehicle the
person acquired for personal or business use to:
(A) a person other than a retail buyer if not sold
or offered through an [a licensed] auctioneer; or
(B) any person if the sale or offer is made
through an [a licensed] auctioneer;
(2) selling, in a manner provided by law for the forced
sale of vehicles, a vehicle in which the person holds a security
interest;
(3) acting under a court order as a receiver, trustee,
administrator, executor, guardian, or other appointed person;
(4) selling a vehicle the person acquired from the
vehicle's owner as a result of paying an insurance claim if the
person is an insurance company;
(5) selling an antique passenger car or truck that is
at least 25 years of age; or
(6) selling a special interest vehicle that is at
least 12 years of age if the person is a collector.
(d) For the purposes of Section 503.021, an [a licensed]
auctioneer is not engaging in business as a dealer by, as a bid
caller, selling or offering to sell property, including a business
that holds the title to any number of vehicles, to the highest
bidder at a bona fide auction if:
(1) legal or equitable title does not pass to the
auctioneer;
(2) the auction is not held to avoid a requirement of
this chapter; and
(3) for an auction of vehicles owned legally or
equitably by a person who holds a general distinguishing number,
the auction is conducted at the location for which the general
distinguishing number was issued.
SECTION 30. Article 42A.511, Code of Criminal Procedure, as
amended by this Act, applies to a defendant placed on community
supervision on or after the effective date of this Act, regardless
of whether the offense for which the defendant was placed on
community supervision was committed before, on, or after the
effective date of this Act.
SECTION 31. On the effective date of this Act:
(1) the Auctioneer Advisory Board is abolished; and
(2) money in the auctioneer education and recovery
fund is transferred to the general revenue fund.
SECTION 32. On the effective date of this Act, a pending
regulatory action, including a complaint investigation,
disciplinary action, or administrative penalty proceeding, of the
Texas Department of Licensing and Regulation with respect to a
license, permit, or certification issued under a law repealed by
this Act, is terminated.
SECTION 33. On the effective date of this Act, a license,
permit, or certification issued under a law repealed by this Act
expires.
SECTION 34. This Act takes effect September 1, 2023.