1 | 1 | | H.B. No. 3743 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to the Texas Department of Licensing and Regulation; |
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6 | 6 | | expanding authority to adopt fees. |
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7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 8 | | SECTION 1. Section 51.002, Occupations Code, as amended by |
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9 | 9 | | Chapters 663 (H.B. 1560) and 850 (S.B. 713), Acts of the 87th |
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10 | 10 | | Legislature, Regular Session, 2021, is reenacted to read as |
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11 | 11 | | follows: |
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12 | 12 | | Sec. 51.002. APPLICATION OF SUNSET ACT. The Texas |
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13 | 13 | | Commission of Licensing and Regulation and the Texas Department of |
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14 | 14 | | Licensing and Regulation are subject to Chapter 325, Government |
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15 | 15 | | Code (Texas Sunset Act). Unless continued in existence as provided |
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16 | 16 | | by that chapter, the commission and the department are abolished |
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17 | 17 | | September 1, 2033. |
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18 | 18 | | SECTION 2. Section 51.202(a), Occupations Code, is amended |
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19 | 19 | | to read as follows: |
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20 | 20 | | (a) The commission shall set fees, in amounts reasonable and |
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21 | 21 | | necessary to cover the costs of administering the programs or |
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22 | 22 | | activities, for: |
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23 | 23 | | (1) licenses issued by the department; |
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24 | 24 | | (2) license renewals and late renewals; |
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25 | 25 | | (3) examinations; and |
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26 | 26 | | (4) any other program or activity administered by the |
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27 | 27 | | department [for which a fee is authorized]. |
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28 | 28 | | SECTION 3. Section 51.207(c), Occupations Code, is amended |
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29 | 29 | | to read as follows: |
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30 | 30 | | (c) The commission by rule may require an applicant, license |
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31 | 31 | | holder, or other person who regularly receives correspondence from |
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32 | 32 | | the department to provide an [may satisfy any requirement under |
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33 | 33 | | this chapter or another law governing a program subject to |
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34 | 34 | | regulation by the department to provide notice by delivering the |
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35 | 35 | | notice by] e-mail address to the department for purposes of |
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36 | 36 | | receiving correspondence [to the recipient's last known e-mail |
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37 | 37 | | address if the recipient has previously authorized the department |
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38 | 38 | | to deliver the notice by e-mail]. An e-mail address used under this |
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39 | 39 | | subsection is confidential and is not subject to disclosure under |
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40 | 40 | | Chapter 552, Government Code. |
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41 | 41 | | SECTION 4. Section 51.209, Occupations Code, is amended by |
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42 | 42 | | adding Subsection (d) to read as follows: |
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43 | 43 | | (d) Notwithstanding any other law, Chapter 2110, Government |
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44 | 44 | | Code, does not apply to an advisory board established to advise the |
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45 | 45 | | commission or department. |
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46 | 46 | | SECTION 5. Subchapter H, Chapter 51, Occupations Code, is |
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47 | 47 | | amended by adding Section 51.4014 to read as follows: |
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48 | 48 | | Sec. 51.4014. LICENSE APPLICATION FROM INMATE. (a) |
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49 | 49 | | Notwithstanding any other law, the department may accept an |
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50 | 50 | | application from an applicant who is an inmate imprisoned in the |
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51 | 51 | | Texas Department of Criminal Justice except that the department may |
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52 | 52 | | not issue the license until the applicant has been released. |
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53 | 53 | | (b) This section does not limit the ability of the |
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54 | 54 | | department to determine or verify the applicant's eligibility for |
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55 | 55 | | the license or to issue a provisional or restricted license in |
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56 | 56 | | accordance with other law. |
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57 | 57 | | SECTION 6. This Act takes effect September 1, 2023. |
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58 | 58 | | ______________________________ ______________________________ |
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59 | 59 | | President of the Senate Speaker of the House |
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60 | 60 | | I certify that H.B. No. 3743 was passed by the House on May 4, |
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61 | 61 | | 2023, by the following vote: Yeas 139, Nays 2, 2 present, not |
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62 | 62 | | voting. |
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63 | 63 | | ______________________________ |
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64 | 64 | | Chief Clerk of the House |
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65 | 65 | | I certify that H.B. No. 3743 was passed by the Senate on May |
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66 | 66 | | 21, 2023, by the following vote: Yeas 28, Nays 3. |
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67 | 67 | | ______________________________ |
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68 | 68 | | Secretary of the Senate |
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69 | 69 | | APPROVED: _____________________ |
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70 | 70 | | Date |
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71 | 71 | | _____________________ |
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72 | 72 | | Governor |
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