Texas 2025 - 89th Regular

Texas Senate Bill SB2075 Compare Versions

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

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1	1	89R12171 JON-F
2	2	By: Zaffirini S.B. No. 2075
3	3
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5	5
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the establishment, powers and duties, terms, and
10	10	governance of certain advisory bodies for programs administered by
11	11	the Texas Department of Licensing and Regulation.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 301.053, Agriculture Code, is amended to
14	14	read as follows:
15	15	Sec. 301.053. ADVISORY BOARDS [COMMITTEES]. The Texas
16	16	Department of Licensing and Regulation may establish advisory
17	17	boards [committees] to advise the Texas Department of Licensing and
18	18	Regulation and to make recommendations to the Texas Department of
19	19	Licensing and Regulation concerning legislation, policies,
20	20	administration, research, and other matters related to the duties,
21	21	powers, or functions of the Texas Department of Licensing and
22	22	Regulation under this chapter.
23	23	SECTION 2. Section 1001.058, Education Code, is amended to
24	24	read as follows:
25	25	Sec. 1001.058. ADVISORY BOARD [COMMITTEE]. (a) The
26	26	commission shall establish an advisory board [committee] to advise
27	27	the commission and department on rules and educational and
28	28	technical matters relevant to the administration of this chapter.
29	29	(b) The advisory board [committee] consists of nine members
30	30	appointed for staggered six-year terms by the presiding officer of
31	31	the commission, with the approval of the commission, as follows:
32	32	(1) three driver education providers;
33	33	(2) three driving safety providers;
34	34	(3) one driver education instructor;
35	35	(4) the division head of the Department of Public
36	36	Safety driver license division or the division head's designee; and
37	37	(5) one member of the public.
38	38	(c) The presiding officer of the commission shall appoint
39	39	the presiding officer of the advisory board for a term of two years
40	40	[committee]. The presiding officer of the advisory board
41	41	[committee] may vote on any matter before the advisory board
42	42	[committee].
43	43	(d) [A member may not serve two consecutive full terms.
44	44	[(e)] If a vacancy occurs during a term, the presiding
45	45	officer of the commission, with the approval of the commission,
46	46	shall appoint a replacement who meets the qualifications of the
47	47	vacated position to serve for the remainder of the term.
48	48	(e) [(f)] A member of the advisory board [committee] may be
49	49	removed from the advisory board [committee] as provided by Section
50	50	51.209, Occupations Code.
51	51	(f) [(g)] Members of the advisory board [committee] may not
52	52	receive compensation but are entitled to reimbursement for actual
53	53	and necessary expenses incurred in performing the functions of the
54	54	advisory board [committee], subject to the General Appropriations
55	55	Act.
56	56	(g) [(i)] Chapter 2110, Government Code, does not apply to
57	57	the advisory board [committee].
58	58	SECTION 3. Section 469.053, Government Code, is amended to
59	59	read as follows:
60	60	Sec. 469.053. ADVISORY BOARD [COMMITTEE]; TERMS; MEETINGS;
61	61	REVIEW OF AND COMMENT ON RULES. (a) The presiding officer of the
62	62	commission, with the commission's approval, shall appoint an
63	63	advisory board [committee] for the architectural barriers program.
64	64	The board [committee] shall consist of building professionals and
65	65	persons with disabilities who are familiar with architectural
66	66	barrier problems and solutions. The board [committee] shall
67	67	consist of at least eight members. A majority of the members of the
68	68	board [committee] must be persons with disabilities.
69	69	(b) Members of the advisory board serve staggered six-year
70	70	terms [A committee member serves at the will of the presiding
71	71	officer of the commission].
72	72	(c) A board [committee] member may not receive compensation
73	73	for service on the board [committee] but is entitled to
74	74	reimbursement for actual and necessary expenses incurred in
75	75	performing functions as a member.
76	76	(d) The presiding officer of the commission, with the
77	77	commission's approval, shall appoint a board [committee] member as
78	78	presiding officer for two years.
79	79	(e) [(f) The committee periodically shall review the rules
80	80	relating to the architectural barriers program and recommend
81	81	changes in the rules to the commission.
82	82	[(g)] The commission must submit all proposed changes to any
83	83	rule or procedure that relates to the architectural barriers
84	84	program to the board [committee] for review and comment before
85	85	adopting or implementing the new or amended rule or procedure.
86	86	SECTION 4. Section 754.012(b), Health and Safety Code, is
87	87	amended to read as follows:
88	88	(b) A member of the advisory board may be removed from the
89	89	advisory board as provided by Section 51.209, Occupations Code
90	90	[Board members serve at the will of the commission].
91	91	SECTION 5. Section 51.001(1), Occupations Code, is amended
92	92	to read as follows:
93	93	(1) "Advisory board" means an [a board, committee,
94	94	council, or other] entity with multiple members that has as its
95	95	primary function advising the commission or department.
96	96	SECTION 6. Subchapter D, Chapter 51, Occupations Code, is
97	97	amended by adding Section 51.2094 to read as follows:
98	98	Sec. 51.2094. PROGRAM ADVISORY BOARDS. (a) The commission
99	99	may establish an advisory board to advise the commission or the
100	100	department regarding a program subject to regulation by the
101	101	department.
102	102	(b) Unless otherwise provided by a law establishing a
103	103	regulatory program administered by the department, the commission
104	104	may establish:
105	105	(1) the number of advisory board members, provided
106	106	that the number of members must be an odd number of three or more;
107	107	(2) the qualifications for an advisory board member;
108	108	and
109	109	(3) the terms of advisory board members.
110	110	(c) Unless otherwise provided by a law establishing a
111	111	regulatory program administered by the department, members of an
112	112	advisory board shall be appointed by the presiding officer of the
113	113	commission with the commission's approval.
114	114	(d) Unless otherwise provided by a law establishing a
115	115	regulatory program administered by the department, the presiding
116	116	officer of the commission, on approval of the commission, shall
117	117	designate a member of the advisory board to serve as the presiding
118	118	officer of the advisory board for a two-year term. The presiding
119	119	officer of the advisory board may vote on any matter before the
120	120	advisory board.
121	121	SECTION 7. Section 203.055(a), Occupations Code, is amended
122	122	to read as follows:
123	123	(a) Members of the advisory board serve for staggered terms
124	124	of six years. [The terms of three members expire on January 31 of
125	125	each odd-numbered year.]
126	126	SECTION 8. Section 203.056, Occupations Code, is amended to
127	127	read as follows:
128	128	Sec. 203.056. PRESIDING OFFICER. The presiding officer of
129	129	the commission shall designate a member of the advisory board to
130	130	serve as the presiding officer of the advisory board to serve for a
131	131	term of two years [one year]. The presiding officer of the advisory
132	132	board may vote on any matter before the advisory board.
133	133	SECTION 9. Section 401.105(a), Occupations Code, is amended
134	134	to read as follows:
135	135	(a) Members are appointed for staggered six-year terms.
136	136	[The terms of three members expire September 1 of each odd-numbered
137	137	year.]
138	138	SECTION 10. Section 401.107(a), Occupations Code, is
139	139	amended to read as follows:
140	140	(a) The presiding officer of the commission shall designate
141	141	a member of the advisory board to serve as the presiding officer of
142	142	the advisory board for a term of two years [one year].
143	143	SECTION 11. Section 402.055(a), Occupations Code, is
144	144	amended to read as follows:
145	145	(a) Members of the advisory board serve staggered six-year
146	146	terms. [The terms of three members expire on February 1 of each
147	147	odd-numbered year.]
148	148	SECTION 12. Section 402.057, Occupations Code, is amended
149	149	to read as follows:
150	150	Sec. 402.057. PRESIDING OFFICER. The presiding officer of
151	151	the commission shall designate a member of the advisory board to
152	152	serve as the presiding officer of the advisory board for a term of
153	153	two years [one year]. The presiding officer of the advisory board
154	154	may vote on any matter before the advisory board.
155	155	SECTION 13. Section 403.051, Occupations Code, is amended
156	156	to read as follows:
157	157	Sec. 403.051. ADVISORY BOARD [COMMITTEE]. The department
158	158	shall appoint an advisory board [committee] to provide advice and
159	159	recommendations to the department on technical matters relevant to
160	160	the administration of this chapter.
161	161	SECTION 14. Section 451.053(a), Occupations Code, is
162	162	amended to read as follows:
163	163	(a) Board members serve staggered six-year terms [with the
164	164	terms of one or two members expiring on January 31 of each
165	165	odd-numbered year].
166	166	SECTION 15. Section 451.055, Occupations Code, is amended
167	167	to read as follows:
168	168	Sec. 451.055. PRESIDING OFFICER. The presiding officer of
169	169	the commission shall designate a member of the board to serve as the
170	170	presiding officer of the board for a two-year [one-year] term. The
171	171	presiding officer of the board may vote on any matter before the
172	172	board.
173	173	SECTION 16. Section 455.103(a), Occupations Code, is
174	174	amended to read as follows:
175	175	(a) Members of the advisory board are appointed for
176	176	staggered six-year terms. [The terms of three members expire
177	177	September 1 of each odd-numbered year.]
178	178	SECTION 17. Section 455.104(a), Occupations Code, is
179	179	amended to read as follows:
180	180	(a) The presiding officer of the commission shall designate
181	181	a member of the advisory board to serve as the presiding officer of
182	182	the advisory board for a term of two years [one year].
183	183	SECTION 18. Section 506.103(a), Occupations Code, is
184	184	amended to read as follows:
185	185	(a) Members of the advisory board serve staggered six-year
186	186	terms[, with the terms of three members expiring February 1 of each
187	187	odd-numbered year].
188	188	SECTION 19. Section 506.104, Occupations Code, is amended
189	189	to read as follows:
190	190	Sec. 506.104. PRESIDING OFFICER. The presiding officer of
191	191	the commission shall designate a member of the advisory board to
192	192	serve as the presiding officer of the advisory board for a term of
193	193	two years [one year]. The presiding officer of the advisory board
194	194	may vote on any matter before the advisory board.
195	195	SECTION 20. Section 605.055(a), Occupations Code, is
196	196	amended to read as follows:
197	197	(a) Members of the advisory board serve staggered six-year
198	198	terms. [The terms of two or three members expire on February 1 of
199	199	each odd-numbered year.]
200	200	SECTION 21. Section 605.056, Occupations Code, is amended
201	201	to read as follows:
202	202	Sec. 605.056. PRESIDING OFFICER. The presiding officer of
203	203	the commission, with the commission's approval, shall designate a
204	204	member of the advisory board to serve as the presiding officer of
205	205	the advisory board for a term of two years [one year]. The
206	206	presiding officer of the advisory board may vote on any matter
207	207	before the advisory board.
208	208	SECTION 22. Section 701.054(a), Occupations Code, is
209	209	amended to read as follows:
210	210	(a) Members of the advisory board serve staggered six-year
211	211	terms. [The terms of three members begin on September 1 of each
212	212	odd-numbered year.]
213	213	SECTION 23. Section 701.057, Occupations Code, is amended
214	214	to read as follows:
215	215	Sec. 701.057. PRESIDING OFFICER. The presiding officer of
216	216	the commission shall designate a member of the advisory board as the
217	217	presiding officer of the advisory board to serve for a term of two
218	218	years [one year]. The presiding officer of the advisory board may
219	219	vote on any matter before the advisory board.
220	220	SECTION 24. Section 802.065, Occupations Code, is amended
221	221	to read as follows:
222	222	Sec. 802.065. ADVISORY BOARD [COMMITTEE]. (a) The
223	223	commission shall establish an advisory board [committee] to advise
224	224	the commission and make recommendations on matters related to the
225	225	administration and enforcement of this chapter, including
226	226	licensing fees and standards adopted under Subchapter E.
227	227	(b) The advisory board [committee] consists of nine members
228	228	appointed by the presiding officer of the commission with the
229	229	approval of the commission as follows:
230	230	(1) two members who are licensed breeders;
231	231	(2) two members who are veterinarians;
232	232	(3) two members who represent animal welfare
233	233	organizations each of which has an office based in this state;
234	234	(4) two members who represent the public; and
235	235	(5) one member who is an animal control officer as
236	236	defined in Section 829.001, Health and Safety Code.
237	237	(c) Members of the advisory board [committee] serve
238	238	staggered six-year [four-year] terms. [The terms of four or five
239	239	members expire on February 1 of each odd-numbered year.] If a
240	240	vacancy occurs during a member's term, the presiding officer of the
241	241	commission, with the approval of the commission, shall appoint a
242	242	replacement member to serve for the remainder of the unexpired
243	243	term.
244	244	(d) The presiding officer of the commission shall designate
245	245	one member of the advisory board [committee] to serve as presiding
246	246	officer of the advisory board [committee] for a two-year term. A
247	247	member may serve more than one term as presiding officer.
248	248	(e) [(f)] Except for the members described by Subsection
249	249	(b)(1), a person may not be a member of the advisory board
250	250	[committee] if the person or a member of the person's household:
251	251	(1) is required to be licensed under this chapter;
252	252	(2) is an officer, employee, or paid consultant of an
253	253	entity required to be licensed under this chapter;
254	254	(3) owns or controls, either directly or indirectly,
255	255	more than a 10 percent interest in an entity required to be licensed
256	256	under this chapter; or
257	257	(4) is required to register as a lobbyist under
258	258	Chapter 305, Government Code, because of the person's activities
259	259	for compensation on behalf of an entity required to be licensed
260	260	under this chapter.
261	261	(f) [(g)] The presiding officer of the commission may
262	262	remove from the advisory board [committee] a member who is
263	263	ineligible for membership under Subsection (f).
264	264	(g) [(h)] A member may not receive compensation for service
265	265	on the advisory board [committee]. Subject to the department's
266	266	budget and any limitation provided by the General Appropriations
267	267	Act, a board [committee] member may receive reimbursement for the
268	268	actual and necessary expenses incurred while performing advisory
269	269	board [committee] duties.
270	270	(h) [(i)] A decision of the advisory board [committee] is
271	271	effective only on a majority vote of the members present.
272	272	(i) [(j)] Chapter 2110, Government Code, does not apply to
273	273	the size, composition, or duration of the advisory board
274	274	[committee] or to the appointment of the board's [committee's]
275	275	presiding officer.
276	276	SECTION 25. Section 1151.002(7-b), Occupations Code, is
277	277	amended to read as follows:
278	278	(7-b) "Board" ["Committee"] means the Texas Tax
279	279	Professional Advisory Board [Committee].
280	280	SECTION 26. Subchapter B, Chapter 1151, Occupations Code,
281	281	is amended to read as follows:
282	282	SUBCHAPTER B. TEXAS TAX PROFESSIONAL ADVISORY BOARD [COMMITTEE]
283	283	Sec. 1151.051. MEMBERSHIP. (a) The Texas Tax Professional
284	284	Advisory Board [Committee] consists of seven members appointed by
285	285	the presiding officer of the commission with the approval of the
286	286	commission as follows:
287	287	(1) two members who are certified under this chapter
288	288	as registered professional appraisers;
289	289	(2) two members who are certified under this chapter
290	290	as registered Texas collectors or registered Texas assessors; and
291	291	(3) three members who represent the public.
292	292	(b) A vacancy on the board [committee] is filled in the same
293	293	manner as the original appointment for the unexpired portion of the
294	294	term.
295	295	(c) The presiding officer of the commission shall designate
296	296	one member of the board [committee] as the presiding officer to
297	297	serve a two-year term.
298	298	(d) Each appointment to the board [committee] shall be made
299	299	without regard to the race, color, disability, sex, religion, age,
300	300	or national origin of the appointee.
301	301	(e) Section 2110.008, Government Code, does not apply to the
302	302	board [committee].
303	303	Sec. 1151.0511. PUBLIC MEMBER ELIGIBILITY. A person may
304	304	not be a public member of the board [committee] if the person or the
305	305	person's spouse:
306	306	(1) is registered, certified, or licensed by a
307	307	regulatory agency in the field of property tax appraisal,
308	308	assessment, or collection;
309	309	(2) is employed by or participates in the management
310	310	of a business entity or other organization regulated by or
311	311	receiving money from the department;
312	312	(3) owns or controls, directly or indirectly, more
313	313	than a 10 percent interest in a business entity or other
314	314	organization regulated by or receiving money from the department;
315	315	(4) uses or receives a substantial amount of tangible
316	316	goods, services, or money from the department other than
317	317	compensation or reimbursement authorized by law for board
318	318	[committee] membership, attendance, or expenses; or
319	319	(5) at any time has served on an appraisal review
320	320	board.
321	321	Sec. 1151.0512. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a)
322	322	In this section, "Texas trade association" means a cooperative and
323	323	voluntarily joined statewide association of business or
324	324	professional competitors in this state designed to assist its
325	325	members and its industry or profession in dealing with mutual
326	326	business or professional problems and in promoting their common
327	327	interest.
328	328	(b) A person may not be a member of the board [committee] if:
329	329	(1) the person is an officer, employee, or paid
330	330	consultant of a Texas trade association in the field of property tax
331	331	appraisal, assessment, or collection; or
332	332	(2) the person's spouse is an officer, manager, or paid
333	333	consultant of a Texas trade association in the field of property tax
334	334	appraisal, assessment, or collection.
335	335	(c) A person may not be a member of the board [committee] if
336	336	the person or the person's spouse is required to register as a
337	337	lobbyist under Chapter 305, Government Code, because of the
338	338	person's activities for compensation on behalf of a profession
339	339	related to the operation of the board [committee] or the
340	340	department.
341	341	Sec. 1151.052. TERMS. Board [Committee] members serve
342	342	staggered six-year terms[, with the terms of one or two members
343	343	expiring on March 1 of each odd-numbered year].
344	344	Sec. 1151.055. COMPENSATION; REIMBURSEMENT. [(a)] A board
345	345	[committee] member may not receive compensation for the member's
346	346	services.
347	347	SECTION 27. The heading to Subchapter C, Chapter 1151,
348	348	Occupations Code, is amended to read as follows:
349	349	SUBCHAPTER C. DUTIES OF COMMISSION, EXECUTIVE DIRECTOR,
350	350	DEPARTMENT, AND ADVISORY BOARD [COMMITTEE]
351	351	SECTION 28. Section 1151.101, Occupations Code, is amended
352	352	to read as follows:
353	353	Sec. 1151.101. FEES. The commission, with the advice of the
354	354	board [committee], shall establish fees under this chapter in
355	355	amounts reasonable and necessary to cover the costs of
356	356	administering the programs and activities under this chapter.
357	357	SECTION 29. Section 1151.108, Occupations Code, is amended
358	358	to read as follows:
359	359	Sec. 1151.108. BOARD [COMMITTEE] DUTIES. The board
360	360	[committee] shall:
361	361	(1) recommend to the commission rules and standards
362	362	regarding technical issues relating to tax professionals;
363	363	(2) provide advice to the commission regarding
364	364	continuing education courses and curricula for registrants;
365	365	(3) provide advice to the commission regarding the
366	366	contents of any examination required by the commission under this
367	367	chapter; and
368	368	(4) educate, and respond to questions from, the
369	369	commission and the department regarding issues affecting tax
370	370	professionals.
371	371	SECTION 30. Subchapter C, Chapter 1152, Occupations Code,
372	372	is amended to read as follows:
373	373	SUBCHAPTER C. PROPERTY TAX CONSULTANTS ADVISORY BOARD [COUNCIL]
374	374	Sec. 1152.101. DEFINITION. In this subchapter, "board"
375	375	["council"] means the Property Tax Consultants Advisory Board
376	376	[Council].
377	377	Sec. 1152.102. BOARD [COUNCIL] MEMBERSHIP. (a) The board
378	378	[council] is composed of seven members appointed by the presiding
379	379	officer of the commission, with the commission's approval.
380	380	(b) The presiding officer of the commission may appoint not
381	381	more than two members who are qualified for an exemption under
382	382	Section 1152.002(a)(3).
383	383	(c) Except as provided by Subsection (d), each person
384	384	appointed for membership on the board [council] must:
385	385	(1) be a registered senior property tax consultant;
386	386	(2) be a member of a nonprofit and voluntary trade
387	387	association:
388	388	(A) whose membership consists primarily of
389	389	persons who perform property tax consulting services in this state
390	390	or who engage in property tax management in this state for other
391	391	persons;
392	392	(B) that has written experience and examination
393	393	requirements for membership; and
394	394	(C) that subscribes to a code of professional
395	395	conduct or ethics;
396	396	(3) be a resident of this state for the five years
397	397	preceding the date of the appointment; and
398	398	(4) have performed or supervised the performance of
399	399	property tax consulting services as the person's primary occupation
400	400	continuously for the five years preceding the date of the
401	401	appointment.
402	402	(d) One member of the board [council] must be a public
403	403	member.
404	404	Sec. 1152.103. MEMBERSHIP RESTRICTIONS. A person is not
405	405	eligible for appointment as a member of the board [council] if the
406	406	person is:
407	407	(1) required to register with the secretary of state
408	408	under Chapter 305, Government Code;
409	409	(2) required to register with the department under
410	410	Chapter 1151; or
411	411	(3) exempt from the registration requirements imposed
412	412	by this chapter, except as provided by Section 1152.102.
413	413	Sec. 1152.104. TERMS; VACANCY. (a) Members of the board
414	414	[council] serve staggered six-year [three-year] terms[, with the
415	415	terms of two members expiring on February 1 of each year].
416	416	(b) If a vacancy occurs during a member's term, the
417	417	presiding officer of the commission, with the commission's
418	418	approval, shall appoint to fill the unexpired part of the term a
419	419	replacement who meets the qualifications of the vacated office.
420	420	Sec. 1152.105. PRESIDING OFFICER. The presiding officer of
421	421	the commission, with the commission's approval, shall appoint a
422	422	member of the board [council] to serve as presiding officer of the
423	423	board [council] for two years.
424	424	Sec. 1152.106. VOTE REQUIRED FOR ACTION. A decision of the
425	425	board [council] is not effective unless it receives the affirmative
426	426	vote of at least four members.
427	427	Sec. 1152.107. COMPENSATION; REIMBURSEMENT. A board
428	428	[council] member is not entitled to receive compensation for
429	429	serving as a member. A board [council] member is entitled to
430	430	reimbursement for reasonable expenses incurred in performing
431	431	duties as a member, subject to applicable limitations in the
432	432	General Appropriations Act.
433	433	Sec. 1152.108. BOARD [COUNCIL] POWERS. The board [council]
434	434	shall:
435	435	(1) recommend to the commission standards of practice,
436	436	conduct, and ethics for registrants to be adopted under this
437	437	chapter;
438	438	(2) recommend to the commission amounts for the fees
439	439	it may set under this chapter;
440	440	(3) recommend to the commission contents for the
441	441	senior property tax consultant registration examination and
442	442	standards of acceptable performance;
443	443	(4) assist and advise the commission in recognizing
444	444	continuing education programs and educational courses for
445	445	registrants; and
446	446	(5) advise the commission in establishing educational
447	447	requirements for initial applicants.
448	448	SECTION 31. Section 1302.201, Occupations Code, is amended
449	449	to read as follows:
450	450	Sec. 1302.201. ADVISORY BOARD MEMBERSHIP. The air
451	451	conditioning and refrigeration contractors advisory board consists
452	452	of nine members appointed by the presiding officer of the
453	453	commission, with the commission's approval[, and two ex officio
454	454	nonvoting members]. One member of the advisory board must be a
455	455	public member.
456	456	SECTION 32. Section 1302.205(a), Occupations Code, is
457	457	amended to read as follows:
458	458	(a) Appointed advisory board members serve staggered
459	459	six-year terms. [The terms of two appointed members expire on
460	460	February 1 of each odd-numbered year.]
461	461	SECTION 33. Section 1305.052(a), Occupations Code, is
462	462	amended to read as follows:
463	463	(a) Advisory board members serve staggered terms of six
464	464	years[, with the terms of three members expiring on February 1 of
465	465	each odd-numbered year].
466	466	SECTION 34. Section 1305.053, Occupations Code, is amended
467	467	to read as follows:
468	468	Sec. 1305.053. PRESIDING OFFICER. The presiding officer of
469	469	the commission shall appoint one of the advisory board members to
470	470	serve as presiding officer of the advisory board for a term of two
471	471	years [one year]. The presiding officer of the advisory board may
472	472	vote on any matter before the advisory board.
473	473	SECTION 35. Section 1603.053(a), Occupations Code, is
474	474	amended to read as follows:
475	475	(a) Members of the advisory board serve staggered six-year
476	476	terms[, with the terms of three members expiring January 31 of each
477	477	odd-numbered year].
478	478	SECTION 36. Section 1802.102(a), Occupations Code, is
479	479	amended to read as follows:
480	480	(a) The advisory board consists of seven members appointed
481	481	as follows:
482	482	(1) four members who are licensed auctioneers
483	483	appointed by the presiding officer of the commission, with the
484	484	commission's approval;
485	485	(2) one member who represents an auction school [the
486	486	administrative head, or the administrative head's designee, of any
487	487	state agency or office that is selected by the commission]; and
488	488	(3) two public members.
489	489	SECTION 37. Sections 1802.103 and 1802.104, Occupations
490	490	Code, are amended to read as follows:
491	491	Sec. 1802.103. TERMS; VACANCIES. [(a)] Advisory board
492	492	members serve staggered six-year terms [that expire on September 1
493	493	of each odd-numbered year. Members may not serve more than two
494	494	consecutive terms]. If a vacancy occurs during [the term of such] a
495	495	member's term [member], the presiding officer of the commission,
496	496	with the commission's approval, shall appoint a replacement to
497	497	serve for the remainder of the term.
498	498	Sec. 1802.104. PRESIDING OFFICER. The presiding officer of
499	499	the commission, with the commission's approval, shall appoint a
500	500	member of the advisory board to serve as presiding officer of the
501	501	board. The presiding officer shall serve a term of [serves for] two
502	502	years [and may not serve more than two consecutive terms].
503	503	SECTION 38. Section 1901.001(3), Occupations Code, is
504	504	amended to read as follows:
505	505	(3) "Board" ["Council"] means the Texas Water Well
506	506	Drillers Advisory Board [Council].
507	507	SECTION 39. The heading to Subchapter C, Chapter 1901,
508	508	Occupations Code, is amended to read as follows:
509	509	SUBCHAPTER C. TEXAS WATER WELL DRILLERS ADVISORY BOARD [COUNCIL]
510	510	SECTION 40. Section 1901.101, Occupations Code, is amended
511	511	to read as follows:
512	512	Sec. 1901.101. BOARD [COUNCIL] MEMBERSHIP. (a) The Texas
513	513	Water Well Drillers Advisory Board [Council] consists of nine
514	514	members appointed by the presiding officer of the commission, with
515	515	the commission's approval, as follows:
516	516	(1) six members who are drillers experienced in the
517	517	well drilling business and familiar with well drilling, completion,
518	518	and plugging methods and techniques; and
519	519	(2) three public members.
520	520	(b) One member appointed under Subsection (a)(1) must be
521	521	selected from the state at large and the remaining five driller
522	522	members must be selected from each of the following geographic
523	523	areas of the state:
524	524	(1) Gulf Coast area;
525	525	(2) Trans-Pecos area;
526	526	(3) Central Texas area;
527	527	(4) Northeast Texas area; and
528	528	(5) Panhandle-South Plains area.
529	529	(c) Appointments to the board [council] shall be made
530	530	without regard to the race, creed, sex, religion, or national
531	531	origin of the appointee.
532	532	SECTION 41. Section 1901.102(b), Occupations Code, is
533	533	amended to read as follows:
534	534	(b) A person is not eligible for appointment as a public
535	535	member of the board [council] if the person or the person's spouse:
536	536	(1) is licensed by an occupational regulatory agency
537	537	in the field of well drilling; or
538	538	(2) is employed by, participates in the management of,
539	539	or has, other than as a consumer, a financial interest in a business
540	540	entity or other organization related to the field of well drilling.
541	541	SECTION 42. Section 1901.103, Occupations Code, is amended
542	542	to read as follows:
543	543	Sec. 1901.103. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a)
544	544	An officer, employee, or paid consultant of a trade association in
545	545	the well drilling industry may not be a board [council] member or an
546	546	employee of the department connected with the administration of
547	547	this chapter.
548	548	(b) A board [council] member or an employee of the
549	549	department connected with the administration of this chapter may
550	550	not be related within the second degree by affinity or
551	551	consanguinity to a person who is an officer, employee, or paid
552	552	consultant of a trade association in the well drilling industry.
553	553	(c) A person may not serve as a member of the board [council]
554	554	if the person is required to register as a lobbyist under Chapter
555	555	305, Government Code, because of the person's activities on behalf
556	556	of a trade or professional association in the well drilling
557	557	industry.
558	558	SECTION 43. Section 1901.104, Occupations Code, is amended
559	559	to read as follows:
560	560	Sec. 1901.104. TERMS. Board [Council] members serve
561	561	staggered six-year terms [expiring September 15].
562	562	SECTION 44. Section 1901.105, Occupations Code, is amended
563	563	to read as follows:
564	564	Sec. 1901.105. PRESIDING OFFICER. The presiding officer of
565	565	the commission, with the commission's approval, shall appoint a
566	566	member of the board [council] to serve as presiding officer of the
567	567	board [council] for two years.
568	568	SECTION 45. Section 1901.107, Occupations Code, is amended
569	569	to read as follows:
570	570	Sec. 1901.107. MEETINGS; QUORUM. (a) [(b)] The board
571	571	[council] shall conduct meetings in compliance with Chapter 551,
572	572	Government Code.
573	573	(b) [(c)] A majority of the board [council] constitutes a
574	574	quorum.
575	575	SECTION 46. Section 1901.108, Occupations Code, is amended
576	576	to read as follows:
577	577	Sec. 1901.108. REIMBURSEMENT. A board [council] member may
578	578	be reimbursed for travel expenses, including expenses for meals and
579	579	lodging. A member is entitled to reimbursement for transportation
580	580	expenses as prescribed by the General Appropriations Act.
581	581	SECTION 47. Section 1901.109, Occupations Code, is amended
582	582	to read as follows:
583	583	Sec. 1901.109. BOARD [COUNCIL] POWERS AND DUTIES. (a) The
584	584	board [council] may propose rules for adoption by the commission
585	585	relating to the regulation of drillers registered under this
586	586	chapter.
587	587	(b) The board [council] shall advise the department on the
588	588	contents of licensing examinations.
589	589	(c) The board [council] may:
590	590	(1) recommend standards for continuing education
591	591	programs, including standards relating to:
592	592	(A) the qualifications of program providers and
593	593	instructors; and
594	594	(B) the amount of program fees; and
595	595	(2) recommend topics to be covered in a continuing
596	596	education course.
597	597	(d) The board [council] shall assist the commission in
598	598	evaluating continuing education programs.
599	599	SECTION 48. Section 1902.001(3), Occupations Code, is
600	600	amended to read as follows:
601	601	(3) "Board" ["Council"] means the Texas Water Well
602	602	Drillers Advisory Board [Council].
603	603	SECTION 49. Section 1902.251, Occupations Code, is amended
604	604	to read as follows:
605	605	Sec. 1902.251. INSTALLING AND REPAIRING PUMPS. An
606	606	installer shall install or repair pumps under standards and
607	607	procedures adopted by the commission with the advice of the board
608	608	[council].
609	609	SECTION 50. Section 1952.055, Occupations Code, is amended
610	610	to read as follows:
611	611	Sec. 1952.055. ADVISORY BOARD [COMMITTEE]. The department
612	612	may establish an advisory board [committee] to provide advice and
613	613	recommendations to the department on technical matters relevant to
614	614	the administration of this chapter.
615	615	SECTION 51. Section 1953.0512, Occupations Code, is amended
616	616	to read as follows:
617	617	Sec. 1953.0512. ADVISORY BOARD [COMMITTEE]. The department
618	618	may establish an advisory board [committee] to provide advice and
619	619	recommendations to the department on technical matters relevant to
620	620	the administration of this chapter.
621	621	SECTION 52. Section 1958.032(a), Occupations Code, is
622	622	amended to read as follows:
623	623	(a) Members of the advisory board serve staggered six-year
624	624	terms[, with the terms of three or four members expiring on February
625	625	1 of each odd-numbered year].
626	626	SECTION 53. Section 1958.033, Occupations Code, is amended
627	627	to read as follows:
628	628	Sec. 1958.033. PRESIDING OFFICER. The presiding officer of
629	629	the commission, with the approval of the commission, shall appoint
630	630	one of the advisory board members to serve as presiding officer of
631	631	the advisory board for a term of two years [one year].
632	632	SECTION 54. Section 2308.051(a), Occupations Code, is
633	633	amended to read as follows:
634	634	(a) The advisory board consists of nine [the following]
635	635	members appointed by the presiding officer of the commission with
636	636	the approval of the commission:
637	637	(1) one representative of a towing company operating
638	638	in a county with a population of less than one million;
639	639	(2) one representative of a towing company operating
640	640	in a county with a population of one million or more;
641	641	(3) one representative of a vehicle storage facility
642	642	located in a county with a population of less than one million;
643	643	(4) one representative of a vehicle storage facility
644	644	located in a county with a population of one million or more;
645	645	(5) one parking facility representative;
646	646	(6) one peace officer from a county with a population
647	647	of less than one million;
648	648	(7) one peace officer from a county with a population
649	649	of one million or more;
650	650	(8) one representative of a member insurer, as defined
651	651	by Section 462.004, Insurance Code, of the Texas Property and
652	652	Casualty Insurance Guaranty Association who writes automobile
653	653	insurance in this state; and
654	654	(9) one person who operates both a towing company and a
655	655	vehicle storage facility.
656	656	SECTION 55. Section 2308.052(a), Occupations Code, is
657	657	amended to read as follows:
658	658	(a) Advisory board members serve staggered terms of six
659	659	years[, with the terms of two or three members, as appropriate,
660	660	expiring on February 1 of each odd-numbered year].
661	661	SECTION 56. Section 2308.053, Occupations Code, is amended
662	662	to read as follows:
663	663	Sec. 2308.053. PRESIDING OFFICER. The presiding officer of
664	664	the commission shall appoint one of the advisory board members to
665	665	serve as presiding officer of the advisory board for a term of two
666	666	years [one year]. The presiding officer of the advisory board may
667	667	vote on any matter before the advisory board.
668	668	SECTION 57. Section 2309.052(a), Occupations Code, is
669	669	amended to read as follows:
670	670	(a) Advisory board members serve staggered terms of six
671	671	years[, with the terms of one or two members expiring on February 1
672	672	of each odd-numbered year].
673	673	SECTION 58. Section 2309.053, Occupations Code, is amended
674	674	to read as follows:
675	675	Sec. 2309.053. PRESIDING OFFICER. The presiding officer of
676	676	the commission shall appoint one of the advisory board members to
677	677	serve as presiding officer of the advisory board for a term of two
678	678	years [one year]. The presiding officer of the advisory board may
679	679	vote on any matter before the advisory board.
680	680	SECTION 59. Section 2310.033(a), Occupations Code, is
681	681	amended to read as follows:
682	682	(a) Members of the board serve staggered six-year terms[,
683	683	with the terms of three or four members expiring on February 1 of
684	684	each odd-numbered year].
685	685	SECTION 60. Section 2310.034, Occupations Code, is amended
686	686	to read as follows:
687	687	Sec. 2310.034. PRESIDING OFFICER. The presiding officer of
688	688	the commission, with the approval of the commission, shall appoint
689	689	one of the board members to serve as presiding officer of the board
690	690	for a term of two years [one year].
691	691	SECTION 61. Sections 662.0037(c) and (e), Transportation
692	692	Code, are amended to read as follows:
693	693	(c) The advisory board members serve staggered six-year
694	694	terms. [The terms of three members expire September 1 of each
695	695	odd-numbered year.]
696	696	(e) The presiding officer of the commission, on approval of
697	697	the commission, shall designate a member of the advisory board to
698	698	serve as the presiding officer of the advisory board for two years
699	699	[a one-year term]. The presiding officer of the advisory board may
700	700	vote on any matter before the advisory board.
701	701	SECTION 62. The following provisions of the Occupations
702	702	Code are repealed:
703	703	(1) Section 506.103(b);
704	704	(2) Sections 605.059, 1302.203, and 1302.208;
705	705	(3) Section 1305.052(b);
706	706	(4) Section 1901.106; and
707	707	(5) Sections 2308.052(b) and 2309.052(b).
708	708	SECTION 63. This Act takes effect September 1, 2025.