Texas 2023 - 88th Regular

Texas House Bill HB3081 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R11359 MAW-D
2	2	By: Harrison H.B. No. 3081
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the deregulation of certain activities and occupations.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. The following provisions are repealed:
10	10	(1) Title 9, Agriculture Code;
11	11	(2) Article 42A.511(b), Code of Criminal Procedure;
12	12	(3) Sections 91.001(1), (4), (8), (8-a), and (11),
13	13	Labor Code;
14	14	(4) Section 91.002, Labor Code;
15	15	(5) Section 91.008, Labor Code;
16	16	(6) Subchapter B, Chapter 91, Labor Code;
17	17	(7) Section 91.045, Labor Code;
18	18	(8) Section 91.048, Labor Code;
19	19	(9) Section 91.061, Labor Code;
20	20	(10) Chapter 802, Occupations Code;
21	21	(11) Sections 1305.002(11-b) and (12), Occupations
22	22	Code;
23	23	(12) Section 1305.1601, Occupations Code;
24	24	(13) Section 1305.1605, Occupations Code;
25	25	(14) Section 1305.162(e), Occupations Code; and
26	26	(15) Chapter 1802, Occupations Code.
27	27	SECTION 2. Articles 18.19(c), (d), and (e), Code of
28	28	Criminal Procedure, are amended to read as follows:
29	29	(c) If there is no prosecution or conviction for an offense
30	30	involving the weapon seized, the magistrate to whom the seizure was
31	31	reported shall, before the 61st day after the date the magistrate
32	32	determines that there will be no prosecution or conviction, notify
33	33	in writing the person found in possession of the weapon that the
34	34	person is entitled to the weapon upon written request to the
35	35	magistrate. The magistrate shall order the weapon returned to the
36	36	person found in possession before the 61st day after the date the
37	37	magistrate receives a request from the person. If the weapon is not
38	38	requested before the 61st day after the date of notification, the
39	39	magistrate shall, before the 121st day after the date of
40	40	notification, order the weapon destroyed, sold at public sale by
41	41	the law enforcement agency holding the weapon or by an auctioneer
42	42	[licensed under Chapter 1802, Occupations Code], or forfeited to
43	43	the state for use by the law enforcement agency holding the weapon
44	44	or by a county forensic laboratory designated by the magistrate. If
45	45	the magistrate does not order the return, destruction, sale, or
46	46	forfeiture of the weapon within the applicable period prescribed by
47	47	this subsection, the law enforcement agency holding the weapon may
48	48	request an order of destruction, sale, or forfeiture of the weapon
49	49	from the magistrate. Only a firearms dealer licensed under 18
50	50	U.S.C. Section 923 may purchase a weapon at public sale under this
51	51	subsection. Proceeds from the sale of a seized weapon under this
52	52	subsection shall be transferred, after the deduction of court costs
53	53	to which a district court clerk is entitled under Article 59.05(f),
54	54	followed by the deduction of auction costs, to the law enforcement
55	55	agency holding the weapon.
56	56	(d) A person either convicted or receiving deferred
57	57	adjudication under Chapter 46, Penal Code, is entitled to the
58	58	weapon seized upon request to the court in which the person was
59	59	convicted or placed on deferred adjudication. However, the court
60	60	entering the judgment shall order the weapon destroyed, sold at
61	61	public sale by the law enforcement agency holding the weapon or by
62	62	an auctioneer [licensed under Chapter 1802, Occupations Code], or
63	63	forfeited to the state for use by the law enforcement agency holding
64	64	the weapon or by a county forensic laboratory designated by the
65	65	court if:
66	66	(1) the person does not request the weapon before the
67	67	61st day after the date of the judgment of conviction or the order
68	68	placing the person on deferred adjudication;
69	69	(2) the person has been previously convicted under
70	70	Chapter 46, Penal Code;
71	71	(3) the weapon is one defined as a prohibited weapon
72	72	under Chapter 46, Penal Code;
73	73	(4) the offense for which the person is convicted or
74	74	receives deferred adjudication was committed in or on the premises
75	75	of a playground, school, video arcade facility, or youth center, as
76	76	those terms are defined by Section 481.134, Health and Safety Code;
77	77	or
78	78	(5) the court determines based on the prior criminal
79	79	history of the defendant or based on the circumstances surrounding
80	80	the commission of the offense that possession of the seized weapon
81	81	would pose a threat to the community or one or more individuals.
82	82	(e) If the person found in possession of a weapon is
83	83	convicted of an offense involving the use of the weapon, before the
84	84	61st day after the date of conviction the court entering judgment of
85	85	conviction shall order destruction of the weapon, sale at public
86	86	sale by the law enforcement agency holding the weapon or by an
87	87	auctioneer [licensed under Chapter 1802, Occupations Code], or
88	88	forfeiture to the state for use by the law enforcement agency
89	89	holding the weapon or by a county forensic laboratory designated by
90	90	the court. If the court entering judgment of conviction does not
91	91	order the destruction, sale, or forfeiture of the weapon within the
92	92	period prescribed by this subsection, the law enforcement agency
93	93	holding the weapon may request an order of destruction, sale, or
94	94	forfeiture of the weapon from a magistrate. Only a firearms dealer
95	95	licensed under 18 U.S.C. Section 923 may purchase a weapon at public
96	96	sale under this subsection. Proceeds from the sale of a seized
97	97	weapon under this subsection shall be transferred, after the
98	98	deduction of court costs to which a district court clerk is entitled
99	99	under Article 59.05(f), followed by the deduction of auction costs,
100	100	to the law enforcement agency holding the weapon.
101	101	SECTION 3. Article 42A.511(a), Code of Criminal Procedure,
102	102	is amended to read as follows:
103	103	(a) If a judge grants community supervision to a defendant
104	104	convicted of an offense under Section 42.09, 42.091, 42.092, or
105	105	42.10, Penal Code, the judge may require the defendant to[:
106	106	[(1) complete an online responsible pet owner course
107	107	approved and certified by the Texas Department of Licensing and
108	108	Regulation; or
109	109	[(2)] attend a responsible pet owner course sponsored
110	110	by a municipal animal shelter, as defined by Section 823.001,
111	111	Health and Safety Code, that:
112	112	(1) [(A)] receives federal, state, county, or
113	113	municipal funds; and
114	114	(2) [(B)] serves the county in which the court is
115	115	located.
116	116	SECTION 4. Sections 91.001(3) and (18), Labor Code, are
117	117	amended to read as follows:
118	118	(3) "Client" means any person who enters into a
119	119	professional employer services agreement with a professional
120	120	employer organization [license holder].
121	121	(18) "Working capital" of a professional employer
122	122	organization [an applicant] means the organization's [applicant's]
123	123	current assets minus [the applicant's] current liabilities as
124	124	determined by generally accepted accounting principles.
125	125	SECTION 5. Section 91.003, Labor Code, is amended to read as
126	126	follows:
127	127	Sec. 91.003. INTERAGENCY COOPERATION. (a) Each state
128	128	agency that in performing duties under other law affects the
129	129	regulation of professional employer services shall cooperate with
130	130	[the department and] other state agencies as necessary to implement
131	131	and enforce this chapter.
132	132	(b) In particular, the Texas Workforce Commission, the
133	133	division of workers' compensation of the Texas Department of
134	134	Insurance, the Department of Assistive and Rehabilitative
135	135	Services, and the attorney general's office shall assist in the
136	136	implementation of this chapter [and shall provide information to
137	137	the department on request].
138	138	SECTION 6. Sections 91.004(a) and (c), Labor Code, are
139	139	amended to read as follows:
140	140	(a) This chapter does not exempt a client of a professional
141	141	employer organization [license holder], or any covered employee,
142	142	from any other license requirements imposed under local, state, or
143	143	federal law.
144	144	(c) A professional employer organization [license holder]
145	145	is not engaged in the unauthorized practice of an occupation,
146	146	trade, or profession that is licensed, certified, or otherwise
147	147	regulated by a governmental entity solely by entering into a
148	148	professional employer services agreement with a client and covered
149	149	employees.
150	150	SECTION 7. Section 91.005, Labor Code, is amended to read as
151	151	follows:
152	152	Sec. 91.005. APPLICATION OF CERTAIN PROCUREMENT LAWS. With
153	153	respect to a bid, contract, purchase order, or agreement entered
154	154	into with the state or a political subdivision of the state, a
155	155	client's status or certification as a small, minority-owned,
156	156	disadvantaged, or woman-owned business enterprise or as a
157	157	historically underutilized business is not affected because the
158	158	client has entered into a professional employer services agreement
159	159	with [a license holder] or uses the services of a professional
160	160	employer organization [license holder].
161	161	SECTION 8. Section 91.006(a), Labor Code, is amended to
162	162	read as follows:
163	163	(a) A certificate of insurance coverage or other evidence of
164	164	coverage showing that either a professional employer organization
165	165	[license holder] or a client maintains workers' compensation
166	166	insurance coverage constitutes proof of workers' compensation
167	167	insurance coverage for the organization [license holder] and the
168	168	client with respect to all covered employees of the organization
169	169	[license holder] and the client. The state and a political
170	170	subdivision of the state shall accept a certificate of insurance
171	171	coverage or other evidence of coverage described by this section as
172	172	proof of workers' compensation coverage under Chapter 406.
173	173	SECTION 9. Sections 91.031(a) and (b), Labor Code, are
174	174	amended to read as follows:
175	175	(a) A professional employer organization [license holder]
176	176	shall establish the terms of a professional employer services
177	177	agreement by a written contract between the organization [license
178	178	holder] and the client.
179	179	(b) The professional employer organization [license holder]
180	180	shall give written notice of the agreement as it affects covered
181	181	employees to each covered employee.
182	182	SECTION 10. Section 91.032(a), Labor Code, is amended to
183	183	read as follows:
184	184	(a) A professional employer services agreement between a
185	185	professional employer organization [license holder] and a client
186	186	must provide that the organization [license holder]:
187	187	(1) shares, as provided by Subsection (b), with the
188	188	client the right of direction and control over covered employees;
189	189	(2) assumes responsibility for the payment of wages to
190	190	the covered employees without regard to payments by the client to
191	191	the organization [license holder];
192	192	(3) assumes responsibility for the payment of payroll
193	193	taxes and collection of taxes from payroll on covered employees;
194	194	(4) shares, as provided by Subsection (b), with the
195	195	client the right to hire, fire, discipline, and reassign the
196	196	covered employees; and
197	197	(5) shares, as provided by Subsection (b), with the
198	198	client the right of direction and control over the adoption of
199	199	employment and safety policies and the management of workers'
200	200	compensation claims, claim filings, and related procedures.
201	201	SECTION 11. The heading to Subchapter D, Chapter 91, Labor
202	202	Code, is amended to read as follows:
203	203	SUBCHAPTER D. POWERS AND DUTIES OF PROFESSIONAL EMPLOYER
204	204	ORGANIZATION [LICENSE HOLDER]
205	205	SECTION 12. Section 91.041, Labor Code, is amended to read
206	206	as follows:
207	207	Sec. 91.041. EMPLOYEE BENEFIT PLANS; REQUIRED DISCLOSURE;
208	208	OTHER REPORTS. (a) A client and professional employer
209	209	organization [license holder] are each considered an employer under
210	210	the laws of this state for purposes of sponsoring retirement and
211	211	welfare benefit plans for covered employees.
212	212	(a-1) A professional employer organization [license holder]
213	213	may sponsor a single welfare benefit plan under which eligible
214	214	covered employees of one or more clients may elect to participate.
215	215	(a-2) A fully insured welfare benefit plan offered to the
216	216	covered employees of a professional employer organization [license
217	217	holder] and provided by an insurance company authorized to provide
218	218	that insurance in this state or a self-funded health benefit plan
219	219	sponsored by a professional employer organization [license holder]
220	220	as provided by Section 91.0411 shall be treated for purposes of
221	221	state law as a single employer welfare benefit plan.
222	222	(b) With respect to any insurance or benefit plan provided
223	223	by a professional employer organization [license holder] for the
224	224	benefit of its assigned employees, the organization [a license
225	225	holder] shall disclose the following information to [the
226	226	department,] each client[,] and its covered employees:
227	227	(1) the type of coverage;
228	228	(2) the identity of each insurer for each type of
229	229	coverage;
230	230	(3) the amount of benefits provided for each type of
231	231	coverage and to whom or in whose behalf benefits are to be paid;
232	232	(4) the policy limits on each insurance policy; and
233	233	(5) whether the coverage is fully insured, partially
234	234	insured, or fully self-funded.
235	235	[(c) The commission by rule may require a license holder to
236	236	file other reports that are reasonably necessary for the
237	237	implementation of this chapter.]
238	238	SECTION 13. Sections 91.0411(b), (c), (e), and (f), Labor
239	239	Code, are amended to read as follows:
240	240	(b) A professional employer organization [license holder]
241	241	may sponsor a benefit plan that is not fully insured if the
242	242	organization [license holder] meets the requirements of this
243	243	section and is approved to sponsor the plan by the commissioner.
244	244	(c) The commissioner may, on notice and opportunity for all
245	245	interested persons to be heard, adopt rules and issue orders
246	246	reasonably necessary to augment and implement the regulation of
247	247	benefit plans sponsored by a professional employer organization
248	248	[license holder] that are not fully insured. The commissioner may
249	249	not adopt a rule that requires clients or covered employees to be
250	250	members of an association or group in the same trade or industry in
251	251	order to be covered by a [license holder-sponsored] benefit plan
252	252	that is not fully insured. The rules must include all requirements
253	253	that must be met by the organization [license holder] and the plan,
254	254	including:
255	255	(1) initial and final approval requirements;
256	256	(2) authority to prescribe forms and items to be
257	257	submitted to the commissioner by the organization [license holder];
258	258	(3) a fidelity bond;
259	259	(4) use of an independent actuary;
260	260	(5) use of a third-party administrator;
261	261	(6) authority for the commissioner to examine an
262	262	application or a plan;
263	263	(7) the minimum number of clients and covered
264	264	employees covered by the plan;
265	265	(8) standards for those natural persons managing the
266	266	plan;
267	267	(9) the minimum amount of gross contributions;
268	268	(10) the minimum amount of written commitment, binder,
269	269	or policy for stop-loss insurance;
270	270	(11) the minimum amount of reserves; and
271	271	(12) a fee in an amount reasonable and necessary to
272	272	defray the costs of administering this section to be deposited to
273	273	the credit of the operating fund of the Texas Department of
274	274	Insurance.
275	275	(e) Each professional employer organization [license
276	276	holder] under this section shall appoint the commissioner as its
277	277	resident agent for purposes of service of process. The fee for that
278	278	service is $50, payable at the time of appointment.
279	279	(f) The commissioner may examine the affairs of any plan and
280	280	shall have access to the records of the plan. The commissioner may
281	281	examine under oath a manager or employee of the professional
282	282	employer organization [license holder] in connection with the plan.
283	283	SECTION 14. Sections 91.042(a), (a-1), (b), (c), (d), (e),
284	284	(g), (h), and (i), Labor Code, are amended to read as follows:
285	285	(a) A professional employer organization [license holder]
286	286	or client may elect to obtain workers' compensation insurance
287	287	coverage for covered employees through an insurance company as
288	288	defined under Section 401.011(28) or through self-insurance as
289	289	provided under Chapter 407.
290	290	(a-1) The client and the professional employer organization
291	291	shall specify in the professional employer services agreement
292	292	whether the parties have elected to obtain workers' compensation
293	293	insurance coverage for the covered employees and shall specify
294	294	which party must maintain coverage. If the organization [license
295	295	holder] maintains workers' compensation insurance coverage for the
296	296	client, an individual who is an executive employee, as described by
297	297	Section 406.097, of the client is eligible to be treated as an
298	298	executive employee for premium calculation and classification
299	299	purposes. A copy of the professional employer services agreement
300	300	must be provided to the Texas Department of Insurance on request.
301	301	Information obtained by the Texas Department of Insurance under
302	302	this section is confidential and not subject to disclosure under
303	303	Chapter 552, Government Code.
304	304	(b) If a professional employer organization [license
305	305	holder] maintains workers' compensation insurance coverage for
306	306	covered employees, the organization [license holder] shall pay
307	307	workers' compensation insurance premiums for the covered employees
308	308	based on the experience rating of the client for the first two years
309	309	the covered employees are covered under the [professional employer]
310	310	organization's policy and as further provided by rule by the Texas
311	311	Department of Insurance.
312	312	(c) For workers' compensation insurance purposes, a
313	313	professional employer organization [license holder] and the
314	314	organization's [license holder's] client shall be coemployers. If
315	315	either a professional employer organization [license holder] or a
316	316	client elects to obtain workers' compensation insurance coverage
317	317	for covered employees, the client and the organization [license
318	318	holder] are subject to Sections 406.005, 406.034, 408.001, and
319	319	411.032.
320	320	(d) If a professional employer organization [license
321	321	holder] or a client does not elect to obtain workers' compensation
322	322	insurance coverage for covered employees, both the organization
323	323	[license holder] and the client are subject to Sections 406.004,
324	324	406.005, 406.033, and 411.032.
325	325	(e) After the expiration of the two-year period under
326	326	Subsection (b), if the client elects to obtain workers'
327	327	compensation insurance coverage for covered employees through
328	328	coverage maintained by the client, or if the professional employer
329	329	services agreement is terminated and the client elects to maintain,
330	330	through coverage maintained by the client or through coverage
331	331	maintained by a successor professional employer organization,
332	332	workers' compensation insurance coverage for employees previously
333	333	covered by the former professional employer organization's policy,
334	334	the premium for the workers' compensation insurance coverage for
335	335	the client shall be based on the lower of:
336	336	(1) the experience modifier of the client before being
337	337	covered under the professional employer organization's coverage;
338	338	or
339	339	(2) the experience modifier of the former professional
340	340	employer organization [license holder] at the time the client's
341	341	coverage under the professional employer organization's coverage
342	342	is terminated.
343	343	(g) On the written request of a client, a professional
344	344	employer organization [license holder] that elects to provide
345	345	workers' compensation insurance for covered employees shall
346	346	provide to the client a list of:
347	347	(1) claims associated with that client made against
348	348	the organization's [license holder's] workers' compensation policy;
349	349	and
350	350	(2) payments made and reserves established on each
351	351	claim.
352	352	(h) The professional employer organization [license holder]
353	353	shall provide the information described by Subsection (g) in
354	354	writing from the organization's [license holder's] own records, if
355	355	the organization [license holder] is a qualified self-insurer, or
356	356	from information the organization [license holder] received from
357	357	the organization's [license holder's] workers' compensation
358	358	insurance provider following the organization's [license holder's]
359	359	request under Section 2051.151, Insurance Code, not later than the
360	360	60th day after the date the organization [license holder] receives
361	361	the client's written request. For purposes of this subsection,
362	362	information is considered to be provided to the client on the date
363	363	the information is:
364	364	(1) received by the United States Postal Service; or
365	365	(2) personally delivered to the client.
366	366	(i) A professional employer organization [license holder]
367	367	that fails to comply with Subsection (g) or (h) commits a Class D
368	368	administrative violation as provided by Section 415.011.
369	369	SECTION 15. Section 91.044, Labor Code, is amended to read
370	370	as follows:
371	371	Sec. 91.044. UNEMPLOYMENT TAXES; PAYROLL. (a) A
372	372	professional employer organization [license holder] is the
373	373	employer of a covered employee for purposes of Subtitle A, Title 4,
374	374	and, except for wages subject to Section 91.032(c), for purposes of
375	375	Chapter 61.
376	376	(a-1) A professional employer organization [license holder]
377	377	may, in a calendar year during which an employee becomes a covered
378	378	employee of the organization [license holder], apply toward the
379	379	maximum amount of taxable wages established in Section 201.082(1)
380	380	any wages paid to the employee in that calendar year by:
381	381	(1) the client; or
382	382	(2) another professional employer organization
383	383	[license holder] under a prior professional employer services
384	384	agreement with that client.
385	385	(a-2) In addition to any other reports required to be filed
386	386	by law, a professional employer organization [license holder] shall
387	387	report quarterly to the Texas Workforce Commission on a form
388	388	prescribed by the Texas Workforce Commission the name, address,
389	389	telephone number, federal income tax identification number, and
390	390	classification code according to the North American Industry
391	391	Classification System of each client.
392	392	(b) For purposes of Subtitle A, Title 4, in the event of the
393	393	termination of a contract between a professional employer
394	394	organization [license holder] and a client or the failure by a
395	395	professional employer organization to submit reports or make tax
396	396	payments as required by that subtitle, the contracting client shall
397	397	be treated as a new employer without a previous experience record
398	398	unless that client is otherwise eligible for an experience rating.
399	399	SECTION 16. Section 91.046, Labor Code, is amended to read
400	400	as follows:
401	401	Sec. 91.046. CONTRACTUAL DUTIES. Each professional
402	402	employer organization [license holder] is responsible for the
403	403	organization's [license holder's] contractual duties and
404	404	responsibilities to manage, maintain, collect, and make timely
405	405	payments for:
406	406	(1) insurance premiums;
407	407	(2) benefit and welfare plans;
408	408	(3) other employee withholding; and
409	409	(4) any other expressed responsibility within the
410	410	scope of the professional employer services agreement for
411	411	fulfilling the duties imposed under this section and Sections
412	412	91.032 and[,] 91.047[, and 91.048].
413	413	SECTION 17. Section 91.047, Labor Code, is amended to read
414	414	as follows:
415	415	Sec. 91.047. COMPLIANCE WITH OTHER LAWS. Each professional
416	416	employer organization [license holder] shall comply with all
417	417	appropriate state and federal laws relating to reporting,
418	418	sponsoring, filing, and maintaining benefit and welfare plans.
419	419	SECTION 18. Section 91.049, Labor Code, is amended to read
420	420	as follows:
421	421	Sec. 91.049. AGENT FOR SERVICE OF PROCESS. Each
422	422	professional employer organization [license holder] shall maintain
423	423	a registered agent for the service of process in this state.
424	424	SECTION 19. The heading to Subchapter E, Chapter 91, Labor
425	425	Code, is amended to read as follows:
426	426	SUBCHAPTER E. [PROHIBITED ACTS;] ENFORCEMENT
427	427	SECTION 20. Section 91.062(a), Labor Code, is amended to
428	428	read as follows:
429	429	(a) A state agency with duties related to the regulation of
430	430	professional employer services [The executive director] may notify
431	431	the attorney general of a violation of this chapter. The attorney
432	432	general may apply to a district court in Travis County for
433	433	permission to file for quo warranto relief, injunctive relief, or
434	434	both.
435	435	SECTION 21. Section 415.011, Labor Code, is amended to read
436	436	as follows:
437	437	Sec. 415.011. NOTICE OF PROFESSIONAL EMPLOYER ORGANIZATION
438	438	WORKERS' COMPENSATION CLAIM AND PAYMENT INFORMATION;
439	439	ADMINISTRATIVE VIOLATION. (a) In this section, "professional
440	440	employer organization" ["license holder"] has the meaning assigned
441	441	by Section 91.001.
442	442	(a-1) Except as provided by Subsection (c), a professional
443	443	employer organization [license holder] commits a violation if the
444	444	organization [license holder] fails to provide the information
445	445	required by Sections 91.042(g) and (h).
446	446	(b) A violation under Subsection (a-1) [(a)] is an
447	447	administrative violation.
448	448	(c) A professional employer organization [license holder]
449	449	does not commit an administrative violation under this section if
450	450	the organization [license holder] requested the information
451	451	required by Sections 91.042(g) and (h) from the organization's
452	452	[license holder's] workers' compensation insurance provider and the
453	453	provider does not provide the information to the organization
454	454	[license holder] within the required time. A professional employer
455	455	organization [license holder] shall notify the Texas Department of
456	456	Insurance of a provider's failure to comply with the requirements
457	457	of Section 2051.151, Insurance Code.
458	458	SECTION 22. Section 252.022(a), Local Government Code, is
459	459	amended to read as follows:
460	460	(a) This chapter does not apply to an expenditure for:
461	461	(1) a procurement made because of a public calamity
462	462	that requires the immediate appropriation of money to relieve the
463	463	necessity of the municipality's residents or to preserve the
464	464	property of the municipality;
465	465	(2) a procurement necessary to preserve or protect the
466	466	public health or safety of the municipality's residents;
467	467	(3) a procurement necessary because of unforeseen
468	468	damage to public machinery, equipment, or other property;
469	469	(4) a procurement for personal, professional, or
470	470	planning services;
471	471	(5) a procurement for work that is performed and paid
472	472	for by the day as the work progresses;
473	473	(6) a purchase of land or a right-of-way;
474	474	(7) a procurement of items that are available from
475	475	only one source, including:
476	476	(A) items that are available from only one source
477	477	because of patents, copyrights, secret processes, or natural
478	478	monopolies;
479	479	(B) films, manuscripts, or books;
480	480	(C) gas, water, and other utility services;
481	481	(D) captive replacement parts or components for
482	482	equipment;
483	483	(E) books, papers, and other library materials
484	484	for a public library that are available only from the persons
485	485	holding exclusive distribution rights to the materials; and
486	486	(F) management services provided by a nonprofit
487	487	organization to a municipal museum, park, zoo, or other facility to
488	488	which the organization has provided significant financial or other
489	489	benefits;
490	490	(8) a purchase of rare books, papers, and other
491	491	library materials for a public library;
492	492	(9) paving drainage, street widening, and other public
493	493	improvements, or related matters, if at least one-third of the cost
494	494	is to be paid by or through special assessments levied on property
495	495	that will benefit from the improvements;
496	496	(10) a public improvement project, already in
497	497	progress, authorized by the voters of the municipality, for which
498	498	there is a deficiency of funds for completing the project in
499	499	accordance with the plans and purposes authorized by the voters;
500	500	(11) a payment under a contract by which a developer
501	501	participates in the construction of a public improvement as
502	502	provided by Subchapter C, Chapter 212;
503	503	(12) personal property sold:
504	504	(A) at an auction [by a state licensed
505	505	auctioneer];
506	506	(B) at a going out of business sale held in
507	507	compliance with Subchapter F, Chapter 17, Business & Commerce Code;
508	508	(C) by a political subdivision of this state, a
509	509	state agency of this state, or an entity of the federal government;
510	510	or
511	511	(D) under an interlocal contract for cooperative
512	512	purchasing administered by a regional planning commission
513	513	established under Chapter 391;
514	514	(13) services performed by blind or severely disabled
515	515	persons;
516	516	(14) goods purchased by a municipality for subsequent
517	517	retail sale by the municipality;
518	518	(15) electricity; or
519	519	(16) advertising, other than legal notices.
520	520	SECTION 23. Section 262.024(a), Local Government Code, is
521	521	amended to read as follows:
522	522	(a) A contract for the purchase of any of the following
523	523	items is exempt from the requirement established by Section 262.023
524	524	if the commissioners court by order grants the exemption:
525	525	(1) an item that must be purchased in a case of public
526	526	calamity if it is necessary to make the purchase promptly to relieve
527	527	the necessity of the citizens or to preserve the property of the
528	528	county;
529	529	(2) an item necessary to preserve or protect the
530	530	public health or safety of the residents of the county;
531	531	(3) an item necessary because of unforeseen damage to
532	532	public property;
533	533	(4) a personal or professional service;
534	534	(5) any individual work performed and paid for by the
535	535	day, as the work progresses, provided that no individual is
536	536	compensated under this subsection for more than 20 working days in
537	537	any three month period;
538	538	(6) any land or right-of-way;
539	539	(7) an item that can be obtained from only one source,
540	540	including:
541	541	(A) items for which competition is precluded
542	542	because of the existence of patents, copyrights, secret processes,
543	543	or monopolies;
544	544	(B) films, manuscripts, or books;
545	545	(C) electric power, gas, water, and other utility
546	546	services; and
547	547	(D) captive replacement parts or components for
548	548	equipment;
549	549	(8) an item of food;
550	550	(9) personal property sold:
551	551	(A) at an auction [by a state licensed
552	552	auctioneer];
553	553	(B) at a going out of business sale held in
554	554	compliance with Subchapter F, Chapter 17, Business & Commerce Code;
555	555	or
556	556	(C) by a political subdivision of this state, a
557	557	state agency of this state, or an entity of the federal government;
558	558	(10) any work performed under a contract for community
559	559	and economic development made by a county under Section 381.004; or
560	560	(11) vehicle and equipment repairs.
561	561	SECTION 24. Section 263.153(c), Local Government Code, is
562	562	amended to read as follows:
563	563	(c) A county that contracts with an auctioneer [licensed
564	564	under Chapter 1802, Occupations Code,] who uses an Internet auction
565	565	site offering online bidding through the Internet to sell surplus
566	566	or salvage property under this subchapter having an estimated value
567	567	of not more than $500 shall satisfy the notice requirement under
568	568	this section by posting the property on the site for at least 10
569	569	days unless the property is sold before the 10th day.
570	570	SECTION 25. Section 1101.005, Occupations Code, is amended
571	571	to read as follows:
572	572	Sec. 1101.005. APPLICABILITY OF CHAPTER. This chapter
573	573	does not apply to:
574	574	(1) an attorney licensed in this state;
575	575	(2) an attorney-in-fact authorized under a power of
576	576	attorney to conduct not more than three real estate transactions
577	577	annually;
578	578	(3) a public official while engaged in official
579	579	duties;
580	580	(4) an auctioneer [licensed under Chapter 1802] while
581	581	conducting the sale of real estate by auction if the auctioneer does
582	582	not perform another act of a broker;
583	583	(5) a person conducting a real estate transaction
584	584	under a court order or the authority of a will or written trust
585	585	instrument;
586	586	(6) a person employed by an owner in the sale of
587	587	structures and land on which structures are located if the
588	588	structures are erected by the owner in the course of the owner's
589	589	business;
590	590	(7) an on-site manager of an apartment complex;
591	591	(8) an owner or the owner's employee who leases the
592	592	owner's improved or unimproved real estate; or
593	593	(9) a transaction involving:
594	594	(A) the sale, lease, or transfer of a mineral or
595	595	mining interest in real property;
596	596	(B) the sale, lease, or transfer of a cemetery
597	597	lot;
598	598	(C) the lease or management of a hotel or motel;
599	599	or
600	600	(D) the sale of real property under a power of
601	601	sale conferred by a deed of trust or other contract lien.
602	602	SECTION 26. Section 1305.102(a), Occupations Code, is
603	603	amended to read as follows:
604	604	(a) The commission shall adopt rules for the licensing of
605	605	electricians, sign electricians, electrical sign contractors,
606	606	electrical contractors, [journeyman industrial electricians,
607	607	journeyman linemen,] residential appliance installers, and
608	608	residential appliance installation contractors as prescribed by
609	609	this chapter.
610	610	SECTION 27. Sections 33.25(b), (f), and (g), Tax Code, are
611	611	amended to read as follows:
612	612	(b) The commissioners court of a county by official action
613	613	may authorize a peace officer or the collector for the county
614	614	charged with selling property under this subchapter by public
615	615	auction to enter into an agreement with an auctioneer [a person who
616	616	holds an auctioneer's license] to advertise the auction sale of the
617	617	property and to conduct the auction sale of the property. The
618	618	agreement may provide for on-line bidding and sale.
619	619	(f) The proceeds of a sale of property under this section
620	620	shall be applied to:
621	621	(1) any compensation owed to or any expense advanced
622	622	by the [licensed] auctioneer under an agreement entered into under
623	623	Subsection (b) or a service provider under an agreement entered
624	624	into under Subsection (c);
625	625	(2) all usual costs, expenses, and fees of the seizure
626	626	and sale, payable to the peace officer conducting the sale;
627	627	(3) all additional expenses incurred in advertising
628	628	the sale or in removing, storing, preserving, or safeguarding the
629	629	seized property pending its sale;
630	630	(4) all usual court costs payable to the clerk of the
631	631	court that issued the tax warrant; and
632	632	(5) taxes, penalties, interest, and attorney's fees
633	633	included in the application for warrant.
634	634	(g) The peace officer or [licensed] auctioneer conducting
635	635	the sale shall pay all proceeds from the sale to the collector
636	636	designated in the tax warrant for distribution as required by
637	637	Subsection (f).
638	638	SECTION 28. Section 460.406(c), Transportation Code, is
639	639	amended to read as follows:
640	640	(c) The board of directors may authorize the negotiation of
641	641	a contract without competitive sealed bids or proposals if:
642	642	(1) the aggregate amount involved in the contract is
643	643	less than the greater of:
644	644	(A) $50,000; or
645	645	(B) the amount of an expenditure under a contract
646	646	that would require a municipality to comply with Section
647	647	252.021(a), Local Government Code;
648	648	(2) the contract is for construction for which not
649	649	more than one bid or proposal is received;
650	650	(3) the contract is for services or property for which
651	651	there is only one source or for which it is otherwise impracticable
652	652	to obtain competition, including:
653	653	(A) items that are available from only one source
654	654	because of patents, copyrights, secret processes, or natural
655	655	monopolies;
656	656	(B) gas, water, and other utility services; and
657	657	(C) captive replacement parts or components for
658	658	equipment;
659	659	(4) the contract is to respond to an emergency for
660	660	which the public exigency does not permit the delay incident to the
661	661	competitive process;
662	662	(5) the contract is for personal, professional, or
663	663	planning services;
664	664	(6) the contract, without regard to form and which may
665	665	include bonds, notes, loan agreements, or other obligations, is for
666	666	the purpose of borrowing money or is a part of a transaction
667	667	relating to the borrowing of money, including:
668	668	(A) a credit support agreement, such as a line or
669	669	letter of credit or other debt guaranty;
670	670	(B) a bond, note, debt sale or purchase, trustee,
671	671	paying agent, remarketing agent, indexing agent, or similar
672	672	agreement;
673	673	(C) an agreement with a securities dealer,
674	674	broker, or underwriter; and
675	675	(D) any other contract or agreement considered by
676	676	the board of directors to be appropriate or necessary in support of
677	677	the authority's financing activities;
678	678	(7) the contract is for work that is performed and paid
679	679	for by the day as the work progresses;
680	680	(8) the contract is for the lease or purchase of an
681	681	interest in land;
682	682	(9) the contract is for the purchase of personal
683	683	property sold:
684	684	(A) at an auction [by a state licensed
685	685	auctioneer];
686	686	(B) at a going out of business sale held in
687	687	compliance with Subchapter F, Chapter 17, Business & Commerce Code;
688	688	or
689	689	(C) by a political subdivision of this state, a
690	690	state agency, or an entity of the federal government;
691	691	(10) the contract is for services performed by persons
692	692	who are blind or have severe disabilities;
693	693	(11) the contract is for the purchase of electricity;
694	694	(12) the contract is one for an authority project and
695	695	awarded for alternate project delivery using the procedures,
696	696	requirements, and limitations under Subchapters E, F, G, H, and I,
697	697	Chapter 2269, Government Code; or
698	698	(13) the contract is for fare enforcement officer
699	699	services under Section 460.1092.
700	700	SECTION 29. Sections 503.024(b) and (d), Transportation
701	701	Code, are amended to read as follows:
702	702	(b) For the purposes of Section 503.021, a person is not
703	703	engaging in business as a dealer by:
704	704	(1) selling or offering to sell, if the sale or offer
705	705	is not made to avoid a requirement of this chapter, a vehicle the
706	706	person acquired for personal or business use to:
707	707	(A) a person other than a retail buyer if not sold
708	708	or offered through an [a licensed] auctioneer; or
709	709	(B) any person if the sale or offer is made
710	710	through an [a licensed] auctioneer;
711	711	(2) selling, in a manner provided by law for the forced
712	712	sale of vehicles, a vehicle in which the person holds a security
713	713	interest;
714	714	(3) acting under a court order as a receiver, trustee,
715	715	administrator, executor, guardian, or other appointed person;
716	716	(4) selling a vehicle the person acquired from the
717	717	vehicle's owner as a result of paying an insurance claim if the
718	718	person is an insurance company;
719	719	(5) selling an antique passenger car or truck that is
720	720	at least 25 years of age; or
721	721	(6) selling a special interest vehicle that is at
722	722	least 12 years of age if the person is a collector.
723	723	(d) For the purposes of Section 503.021, an [a licensed]
724	724	auctioneer is not engaging in business as a dealer by, as a bid
725	725	caller, selling or offering to sell property, including a business
726	726	that holds the title to any number of vehicles, to the highest
727	727	bidder at a bona fide auction if:
728	728	(1) legal or equitable title does not pass to the
729	729	auctioneer;
730	730	(2) the auction is not held to avoid a requirement of
731	731	this chapter; and
732	732	(3) for an auction of vehicles owned legally or
733	733	equitably by a person who holds a general distinguishing number,
734	734	the auction is conducted at the location for which the general
735	735	distinguishing number was issued.
736	736	SECTION 30. Article 42A.511, Code of Criminal Procedure, as
737	737	amended by this Act, applies to a defendant placed on community
738	738	supervision on or after the effective date of this Act, regardless
739	739	of whether the offense for which the defendant was placed on
740	740	community supervision was committed before, on, or after the
741	741	effective date of this Act.
742	742	SECTION 31. On the effective date of this Act:
743	743	(1) the Auctioneer Advisory Board is abolished; and
744	744	(2) money in the auctioneer education and recovery
745	745	fund is transferred to the general revenue fund.
746	746	SECTION 32. On the effective date of this Act, a pending
747	747	regulatory action, including a complaint investigation,
748	748	disciplinary action, or administrative penalty proceeding, of the
749	749	Texas Department of Licensing and Regulation with respect to a
750	750	license, permit, or certification issued under a law repealed by
751	751	this Act, is terminated.
752	752	SECTION 33. On the effective date of this Act, a license,
753	753	permit, or certification issued under a law repealed by this Act
754	754	expires.
755	755	SECTION 34. This Act takes effect September 1, 2023.