89R12171 JON-F
By: Zaffirini S.B. No. 2075
A BILL TO BE ENTITLED
AN ACT
relating to the establishment, powers and duties, terms, and
governance of certain advisory bodies for programs administered by
the Texas Department of Licensing and Regulation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 301.053, Agriculture Code, is amended to
read as follows:
Sec. 301.053. ADVISORY BOARDS [COMMITTEES]. The Texas
Department of Licensing and Regulation may establish advisory
boards [committees] to advise the Texas Department of Licensing and
Regulation and to make recommendations to the Texas Department of
Licensing and Regulation concerning legislation, policies,
administration, research, and other matters related to the duties,
powers, or functions of the Texas Department of Licensing and
Regulation under this chapter.
SECTION 2. Section 1001.058, Education Code, is amended to
read as follows:
Sec. 1001.058. ADVISORY BOARD [COMMITTEE]. (a) The
commission shall establish an advisory board [committee] to advise
the commission and department on rules and educational and
technical matters relevant to the administration of this chapter.
(b) The advisory board [committee] consists of nine members
appointed for staggered six-year terms by the presiding officer of
the commission, with the approval of the commission, as follows:
(1) three driver education providers;
(2) three driving safety providers;
(3) one driver education instructor;
(4) the division head of the Department of Public
Safety driver license division or the division head's designee; and
(5) one member of the public.
(c) The presiding officer of the commission shall appoint
the presiding officer of the advisory board for a term of two years
[committee]. The presiding officer of the advisory board
[committee] may vote on any matter before the advisory board
[committee].
(d) [A member may not serve two consecutive full terms.
[(e)] If a vacancy occurs during a term, the presiding
officer of the commission, with the approval of the commission,
shall appoint a replacement who meets the qualifications of the
vacated position to serve for the remainder of the term.
(e) [(f)] A member of the advisory board [committee] may be
removed from the advisory board [committee] as provided by Section
51.209, Occupations Code.
(f) [(g)] Members of the advisory board [committee] may not
receive compensation but are entitled to reimbursement for actual
and necessary expenses incurred in performing the functions of the
advisory board [committee], subject to the General Appropriations
Act.
(g) [(i)] Chapter 2110, Government Code, does not apply to
the advisory board [committee].
SECTION 3. Section 469.053, Government Code, is amended to
read as follows:
Sec. 469.053. ADVISORY BOARD [COMMITTEE]; TERMS; MEETINGS;
REVIEW OF AND COMMENT ON RULES. (a) The presiding officer of the
commission, with the commission's approval, shall appoint an
advisory board [committee] for the architectural barriers program.
The board [committee] shall consist of building professionals and
persons with disabilities who are familiar with architectural
barrier problems and solutions. The board [committee] shall
consist of at least eight members. A majority of the members of the
board [committee] must be persons with disabilities.
(b) Members of the advisory board serve staggered six-year
terms [A committee member serves at the will of the presiding
officer of the commission].
(c) A board [committee] member may not receive compensation
for service on the board [committee] but is entitled to
reimbursement for actual and necessary expenses incurred in
performing functions as a member.
(d) The presiding officer of the commission, with the
commission's approval, shall appoint a board [committee] member as
presiding officer for two years.
(e) [(f) The committee periodically shall review the rules
relating to the architectural barriers program and recommend
changes in the rules to the commission.
[(g)] The commission must submit all proposed changes to any
rule or procedure that relates to the architectural barriers
program to the board [committee] for review and comment before
adopting or implementing the new or amended rule or procedure.
SECTION 4. Section 754.012(b), Health and Safety Code, is
amended to read as follows:
(b) A member of the advisory board may be removed from the
advisory board as provided by Section 51.209, Occupations Code
[Board members serve at the will of the commission].
SECTION 5. Section 51.001(1), Occupations Code, is amended
to read as follows:
(1) "Advisory board" means an [a board, committee,
council, or other] entity with multiple members that has as its
primary function advising the commission or department.
SECTION 6. Subchapter D, Chapter 51, Occupations Code, is
amended by adding Section 51.2094 to read as follows:
Sec. 51.2094. PROGRAM ADVISORY BOARDS. (a) The commission
may establish an advisory board to advise the commission or the
department regarding a program subject to regulation by the
department.
(b) Unless otherwise provided by a law establishing a
regulatory program administered by the department, the commission
may establish:
(1) the number of advisory board members, provided
that the number of members must be an odd number of three or more;
(2) the qualifications for an advisory board member;
and
(3) the terms of advisory board members.
(c) Unless otherwise provided by a law establishing a
regulatory program administered by the department, members of an
advisory board shall be appointed by the presiding officer of the
commission with the commission's approval.
(d) Unless otherwise provided by a law establishing a
regulatory program administered by the department, the presiding
officer of the commission, on approval of the commission, shall
designate a member of the advisory board to serve as the presiding
officer of the advisory board for a two-year term. The presiding
officer of the advisory board may vote on any matter before the
advisory board.
SECTION 7. Section 203.055(a), Occupations Code, is amended
to read as follows:
(a) Members of the advisory board serve for staggered terms
of six years. [The terms of three members expire on January 31 of
each odd-numbered year.]
SECTION 8. Section 203.056, Occupations Code, is amended to
read as follows:
Sec. 203.056. PRESIDING OFFICER. The presiding officer of
the commission shall designate a member of the advisory board to
serve as the presiding officer of the advisory board to serve for a
term of two years [one year]. The presiding officer of the advisory
board may vote on any matter before the advisory board.
SECTION 9. Section 401.105(a), Occupations Code, is amended
to read as follows:
(a) Members are appointed for staggered six-year terms.
[The terms of three members expire September 1 of each odd-numbered
year.]
SECTION 10. Section 401.107(a), Occupations Code, is
amended to read as follows:
(a) The presiding officer of the commission shall designate
a member of the advisory board to serve as the presiding officer of
the advisory board for a term of two years [one year].
SECTION 11. Section 402.055(a), Occupations Code, is
amended to read as follows:
(a) Members of the advisory board serve staggered six-year
terms. [The terms of three members expire on February 1 of each
odd-numbered year.]
SECTION 12. Section 402.057, Occupations Code, is amended
to read as follows:
Sec. 402.057. PRESIDING OFFICER. The presiding officer of
the commission shall designate a member of the advisory board to
serve as the presiding officer of the advisory board for a term of
two years [one year]. The presiding officer of the advisory board
may vote on any matter before the advisory board.
SECTION 13. Section 403.051, Occupations Code, is amended
to read as follows:
Sec. 403.051. ADVISORY BOARD [COMMITTEE]. The department
shall appoint an advisory board [committee] to provide advice and
recommendations to the department on technical matters relevant to
the administration of this chapter.
SECTION 14. Section 451.053(a), Occupations Code, is
amended to read as follows:
(a) Board members serve staggered six-year terms [with the
terms of one or two members expiring on January 31 of each
odd-numbered year].
SECTION 15. Section 451.055, Occupations Code, is amended
to read as follows:
Sec. 451.055. PRESIDING OFFICER. The presiding officer of
the commission shall designate a member of the board to serve as the
presiding officer of the board for a two-year [one-year] term. The
presiding officer of the board may vote on any matter before the
board.
SECTION 16. Section 455.103(a), Occupations Code, is
amended to read as follows:
(a) Members of the advisory board are appointed for
staggered six-year terms. [The terms of three members expire
September 1 of each odd-numbered year.]
SECTION 17. Section 455.104(a), Occupations Code, is
amended to read as follows:
(a) The presiding officer of the commission shall designate
a member of the advisory board to serve as the presiding officer of
the advisory board for a term of two years [one year].
SECTION 18. Section 506.103(a), Occupations Code, is
amended to read as follows:
(a) Members of the advisory board serve staggered six-year
terms[, with the terms of three members expiring February 1 of each
odd-numbered year].
SECTION 19. Section 506.104, Occupations Code, is amended
to read as follows:
Sec. 506.104. PRESIDING OFFICER. The presiding officer of
the commission shall designate a member of the advisory board to
serve as the presiding officer of the advisory board for a term of
two years [one year]. The presiding officer of the advisory board
may vote on any matter before the advisory board.
SECTION 20. Section 605.055(a), Occupations Code, is
amended to read as follows:
(a) Members of the advisory board serve staggered six-year
terms. [The terms of two or three members expire on February 1 of
each odd-numbered year.]
SECTION 21. Section 605.056, Occupations Code, is amended
to read as follows:
Sec. 605.056. PRESIDING OFFICER. The presiding officer of
the commission, with the commission's approval, shall designate a
member of the advisory board to serve as the presiding officer of
the advisory board for a term of two years [one year]. The
presiding officer of the advisory board may vote on any matter
before the advisory board.
SECTION 22. Section 701.054(a), Occupations Code, is
amended to read as follows:
(a) Members of the advisory board serve staggered six-year
terms. [The terms of three members begin on September 1 of each
odd-numbered year.]
SECTION 23. Section 701.057, Occupations Code, is amended
to read as follows:
Sec. 701.057. PRESIDING OFFICER. The presiding officer of
the commission shall designate a member of the advisory board as the
presiding officer of the advisory board to serve for a term of two
years [one year]. The presiding officer of the advisory board may
vote on any matter before the advisory board.
SECTION 24. Section 802.065, Occupations Code, is amended
to read as follows:
Sec. 802.065. ADVISORY BOARD [COMMITTEE]. (a) The
commission shall establish an advisory board [committee] to advise
the commission and make recommendations on matters related to the
administration and enforcement of this chapter, including
licensing fees and standards adopted under Subchapter E.
(b) The advisory board [committee] consists of nine members
appointed by the presiding officer of the commission with the
approval of the commission as follows:
(1) two members who are licensed breeders;
(2) two members who are veterinarians;
(3) two members who represent animal welfare
organizations each of which has an office based in this state;
(4) two members who represent the public; and
(5) one member who is an animal control officer as
defined in Section 829.001, Health and Safety Code.
(c) Members of the advisory board [committee] serve
staggered six-year [four-year] terms. [The terms of four or five
members expire on February 1 of each odd-numbered year.] If a
vacancy occurs during a member's term, the presiding officer of the
commission, with the approval of the commission, shall appoint a
replacement member to serve for the remainder of the unexpired
term.
(d) The presiding officer of the commission shall designate
one member of the advisory board [committee] to serve as presiding
officer of the advisory board [committee] for a two-year term. A
member may serve more than one term as presiding officer.
(e) [(f)] Except for the members described by Subsection
(b)(1), a person may not be a member of the advisory board
[committee] if the person or a member of the person's household:
(1) is required to be licensed under this chapter;
(2) is an officer, employee, or paid consultant of an
entity required to be licensed under this chapter;
(3) owns or controls, either directly or indirectly,
more than a 10 percent interest in an entity required to be licensed
under this chapter; or
(4) is required to register as a lobbyist under
Chapter 305, Government Code, because of the person's activities
for compensation on behalf of an entity required to be licensed
under this chapter.
(f) [(g)] The presiding officer of the commission may
remove from the advisory board [committee] a member who is
ineligible for membership under Subsection (f).
(g) [(h)] A member may not receive compensation for service
on the advisory board [committee]. Subject to the department's
budget and any limitation provided by the General Appropriations
Act, a board [committee] member may receive reimbursement for the
actual and necessary expenses incurred while performing advisory
board [committee] duties.
(h) [(i)] A decision of the advisory board [committee] is
effective only on a majority vote of the members present.
(i) [(j)] Chapter 2110, Government Code, does not apply to
the size, composition, or duration of the advisory board
[committee] or to the appointment of the board's [committee's]
presiding officer.
SECTION 25. Section 1151.002(7-b), Occupations Code, is
amended to read as follows:
(7-b) "Board" ["Committee"] means the Texas Tax
Professional Advisory Board [Committee].
SECTION 26. Subchapter B, Chapter 1151, Occupations Code,
is amended to read as follows:
SUBCHAPTER B. TEXAS TAX PROFESSIONAL ADVISORY BOARD [COMMITTEE]
Sec. 1151.051. MEMBERSHIP. (a) The Texas Tax Professional
Advisory Board [Committee] consists of seven members appointed by
the presiding officer of the commission with the approval of the
commission as follows:
(1) two members who are certified under this chapter
as registered professional appraisers;
(2) two members who are certified under this chapter
as registered Texas collectors or registered Texas assessors; and
(3) three members who represent the public.
(b) A vacancy on the board [committee] is filled in the same
manner as the original appointment for the unexpired portion of the
term.
(c) The presiding officer of the commission shall designate
one member of the board [committee] as the presiding officer to
serve a two-year term.
(d) Each appointment to the board [committee] shall be made
without regard to the race, color, disability, sex, religion, age,
or national origin of the appointee.
(e) Section 2110.008, Government Code, does not apply to the
board [committee].
Sec. 1151.0511. PUBLIC MEMBER ELIGIBILITY. A person may
not be a public member of the board [committee] if the person or the
person's spouse:
(1) is registered, certified, or licensed by a
regulatory agency in the field of property tax appraisal,
assessment, or collection;
(2) is employed by or participates in the management
of a business entity or other organization regulated by or
receiving money from the department;
(3) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by or receiving money from the department;
(4) uses or receives a substantial amount of tangible
goods, services, or money from the department other than
compensation or reimbursement authorized by law for board
[committee] membership, attendance, or expenses; or
(5) at any time has served on an appraisal review
board.
Sec. 1151.0512. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a)
In this section, "Texas trade association" means a cooperative and
voluntarily joined statewide association of business or
professional competitors in this state designed to assist its
members and its industry or profession in dealing with mutual
business or professional problems and in promoting their common
interest.
(b) A person may not be a member of the board [committee] if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of property tax
appraisal, assessment, or collection; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of property tax
appraisal, assessment, or collection.
(c) A person may not be a member of the board [committee] if
the person or the person's spouse is required to register as a
lobbyist under Chapter 305, Government Code, because of the
person's activities for compensation on behalf of a profession
related to the operation of the board [committee] or the
department.
Sec. 1151.052. TERMS. Board [Committee] members serve
staggered six-year terms[, with the terms of one or two members
expiring on March 1 of each odd-numbered year].
Sec. 1151.055. COMPENSATION; REIMBURSEMENT. [(a)] A board
[committee] member may not receive compensation for the member's
services.
SECTION 27. The heading to Subchapter C, Chapter 1151,
Occupations Code, is amended to read as follows:
SUBCHAPTER C. DUTIES OF COMMISSION, EXECUTIVE DIRECTOR,
DEPARTMENT, AND ADVISORY BOARD [COMMITTEE]
SECTION 28. Section 1151.101, Occupations Code, is amended
to read as follows:
Sec. 1151.101. FEES. The commission, with the advice of the
board [committee], shall establish fees under this chapter in
amounts reasonable and necessary to cover the costs of
administering the programs and activities under this chapter.
SECTION 29. Section 1151.108, Occupations Code, is amended
to read as follows:
Sec. 1151.108. BOARD [COMMITTEE] DUTIES. The board
[committee] shall:
(1) recommend to the commission rules and standards
regarding technical issues relating to tax professionals;
(2) provide advice to the commission regarding
continuing education courses and curricula for registrants;
(3) provide advice to the commission regarding the
contents of any examination required by the commission under this
chapter; and
(4) educate, and respond to questions from, the
commission and the department regarding issues affecting tax
professionals.
SECTION 30. Subchapter C, Chapter 1152, Occupations Code,
is amended to read as follows:
SUBCHAPTER C. PROPERTY TAX CONSULTANTS ADVISORY BOARD [COUNCIL]
Sec. 1152.101. DEFINITION. In this subchapter, "board"
["council"] means the Property Tax Consultants Advisory Board
[Council].
Sec. 1152.102. BOARD [COUNCIL] MEMBERSHIP. (a) The board
[council] is composed of seven members appointed by the presiding
officer of the commission, with the commission's approval.
(b) The presiding officer of the commission may appoint not
more than two members who are qualified for an exemption under
Section 1152.002(a)(3).
(c) Except as provided by Subsection (d), each person
appointed for membership on the board [council] must:
(1) be a registered senior property tax consultant;
(2) be a member of a nonprofit and voluntary trade
association:
(A) whose membership consists primarily of
persons who perform property tax consulting services in this state
or who engage in property tax management in this state for other
persons;
(B) that has written experience and examination
requirements for membership; and
(C) that subscribes to a code of professional
conduct or ethics;
(3) be a resident of this state for the five years
preceding the date of the appointment; and
(4) have performed or supervised the performance of
property tax consulting services as the person's primary occupation
continuously for the five years preceding the date of the
appointment.
(d) One member of the board [council] must be a public
member.
Sec. 1152.103. MEMBERSHIP RESTRICTIONS. A person is not
eligible for appointment as a member of the board [council] if the
person is:
(1) required to register with the secretary of state
under Chapter 305, Government Code;
(2) required to register with the department under
Chapter 1151; or
(3) exempt from the registration requirements imposed
by this chapter, except as provided by Section 1152.102.
Sec. 1152.104. TERMS; VACANCY. (a) Members of the board
[council] serve staggered six-year [three-year] terms[, with the
terms of two members expiring on February 1 of each year].
(b) If a vacancy occurs during a member's term, the
presiding officer of the commission, with the commission's
approval, shall appoint to fill the unexpired part of the term a
replacement who meets the qualifications of the vacated office.
Sec. 1152.105. PRESIDING OFFICER. The presiding officer of
the commission, with the commission's approval, shall appoint a
member of the board [council] to serve as presiding officer of the
board [council] for two years.
Sec. 1152.106. VOTE REQUIRED FOR ACTION. A decision of the
board [council] is not effective unless it receives the affirmative
vote of at least four members.
Sec. 1152.107. COMPENSATION; REIMBURSEMENT. A board
[council] member is not entitled to receive compensation for
serving as a member. A board [council] member is entitled to
reimbursement for reasonable expenses incurred in performing
duties as a member, subject to applicable limitations in the
General Appropriations Act.
Sec. 1152.108. BOARD [COUNCIL] POWERS. The board [council]
shall:
(1) recommend to the commission standards of practice,
conduct, and ethics for registrants to be adopted under this
chapter;
(2) recommend to the commission amounts for the fees
it may set under this chapter;
(3) recommend to the commission contents for the
senior property tax consultant registration examination and
standards of acceptable performance;
(4) assist and advise the commission in recognizing
continuing education programs and educational courses for
registrants; and
(5) advise the commission in establishing educational
requirements for initial applicants.
SECTION 31. Section 1302.201, Occupations Code, is amended
to read as follows:
Sec. 1302.201. ADVISORY BOARD MEMBERSHIP. The air
conditioning and refrigeration contractors advisory board consists
of nine members appointed by the presiding officer of the
commission, with the commission's approval[, and two ex officio
nonvoting members]. One member of the advisory board must be a
public member.
SECTION 32. Section 1302.205(a), Occupations Code, is
amended to read as follows:
(a) Appointed advisory board members serve staggered
six-year terms. [The terms of two appointed members expire on
February 1 of each odd-numbered year.]
SECTION 33. Section 1305.052(a), Occupations Code, is
amended to read as follows:
(a) Advisory board members serve staggered terms of six
years[, with the terms of three members expiring on February 1 of
each odd-numbered year].
SECTION 34. Section 1305.053, Occupations Code, is amended
to read as follows:
Sec. 1305.053. PRESIDING OFFICER. The presiding officer of
the commission shall appoint one of the advisory board members to
serve as presiding officer of the advisory board for a term of two
years [one year]. The presiding officer of the advisory board may
vote on any matter before the advisory board.
SECTION 35. Section 1603.053(a), Occupations Code, is
amended to read as follows:
(a) Members of the advisory board serve staggered six-year
terms[, with the terms of three members expiring January 31 of each
odd-numbered year].
SECTION 36. Section 1802.102(a), Occupations Code, is
amended to read as follows:
(a) The advisory board consists of seven members appointed
as follows:
(1) four members who are licensed auctioneers
appointed by the presiding officer of the commission, with the
commission's approval;
(2) one member who represents an auction school [the
administrative head, or the administrative head's designee, of any
state agency or office that is selected by the commission]; and
(3) two public members.
SECTION 37. Sections 1802.103 and 1802.104, Occupations
Code, are amended to read as follows:
Sec. 1802.103. TERMS; VACANCIES. [(a)] Advisory board
members serve staggered six-year terms [that expire on September 1
of each odd-numbered year. Members may not serve more than two
consecutive terms]. If a vacancy occurs during [the term of such] a
member's term [member], the presiding officer of the commission,
with the commission's approval, shall appoint a replacement to
serve for the remainder of the term.
Sec. 1802.104. PRESIDING OFFICER. The presiding officer of
the commission, with the commission's approval, shall appoint a
member of the advisory board to serve as presiding officer of the
board. The presiding officer shall serve a term of [serves for] two
years [and may not serve more than two consecutive terms].
SECTION 38. Section 1901.001(3), Occupations Code, is
amended to read as follows:
(3) "Board" ["Council"] means the Texas Water Well
Drillers Advisory Board [Council].
SECTION 39. The heading to Subchapter C, Chapter 1901,
Occupations Code, is amended to read as follows:
SUBCHAPTER C. TEXAS WATER WELL DRILLERS ADVISORY BOARD [COUNCIL]
SECTION 40. Section 1901.101, Occupations Code, is amended
to read as follows:
Sec. 1901.101. BOARD [COUNCIL] MEMBERSHIP. (a) The Texas
Water Well Drillers Advisory Board [Council] consists of nine
members appointed by the presiding officer of the commission, with
the commission's approval, as follows:
(1) six members who are drillers experienced in the
well drilling business and familiar with well drilling, completion,
and plugging methods and techniques; and
(2) three public members.
(b) One member appointed under Subsection (a)(1) must be
selected from the state at large and the remaining five driller
members must be selected from each of the following geographic
areas of the state:
(1) Gulf Coast area;
(2) Trans-Pecos area;
(3) Central Texas area;
(4) Northeast Texas area; and
(5) Panhandle-South Plains area.
(c) Appointments to the board [council] shall be made
without regard to the race, creed, sex, religion, or national
origin of the appointee.
SECTION 41. Section 1901.102(b), Occupations Code, is
amended to read as follows:
(b) A person is not eligible for appointment as a public
member of the board [council] if the person or the person's spouse:
(1) is licensed by an occupational regulatory agency
in the field of well drilling; or
(2) is employed by, participates in the management of,
or has, other than as a consumer, a financial interest in a business
entity or other organization related to the field of well drilling.
SECTION 42. Section 1901.103, Occupations Code, is amended
to read as follows:
Sec. 1901.103. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a)
An officer, employee, or paid consultant of a trade association in
the well drilling industry may not be a board [council] member or an
employee of the department connected with the administration of
this chapter.
(b) A board [council] member or an employee of the
department connected with the administration of this chapter may
not be related within the second degree by affinity or
consanguinity to a person who is an officer, employee, or paid
consultant of a trade association in the well drilling industry.
(c) A person may not serve as a member of the board [council]
if the person is required to register as a lobbyist under Chapter
305, Government Code, because of the person's activities on behalf
of a trade or professional association in the well drilling
industry.
SECTION 43. Section 1901.104, Occupations Code, is amended
to read as follows:
Sec. 1901.104. TERMS. Board [Council] members serve
staggered six-year terms [expiring September 15].
SECTION 44. Section 1901.105, Occupations Code, is amended
to read as follows:
Sec. 1901.105. PRESIDING OFFICER. The presiding officer of
the commission, with the commission's approval, shall appoint a
member of the board [council] to serve as presiding officer of the
board [council] for two years.
SECTION 45. Section 1901.107, Occupations Code, is amended
to read as follows:
Sec. 1901.107. MEETINGS; QUORUM. (a) [(b)] The board
[council] shall conduct meetings in compliance with Chapter 551,
Government Code.
(b) [(c)] A majority of the board [council] constitutes a
quorum.
SECTION 46. Section 1901.108, Occupations Code, is amended
to read as follows:
Sec. 1901.108. REIMBURSEMENT. A board [council] member may
be reimbursed for travel expenses, including expenses for meals and
lodging. A member is entitled to reimbursement for transportation
expenses as prescribed by the General Appropriations Act.
SECTION 47. Section 1901.109, Occupations Code, is amended
to read as follows:
Sec. 1901.109. BOARD [COUNCIL] POWERS AND DUTIES. (a) The
board [council] may propose rules for adoption by the commission
relating to the regulation of drillers registered under this
chapter.
(b) The board [council] shall advise the department on the
contents of licensing examinations.
(c) The board [council] may:
(1) recommend standards for continuing education
programs, including standards relating to:
(A) the qualifications of program providers and
instructors; and
(B) the amount of program fees; and
(2) recommend topics to be covered in a continuing
education course.
(d) The board [council] shall assist the commission in
evaluating continuing education programs.
SECTION 48. Section 1902.001(3), Occupations Code, is
amended to read as follows:
(3) "Board" ["Council"] means the Texas Water Well
Drillers Advisory Board [Council].
SECTION 49. Section 1902.251, Occupations Code, is amended
to read as follows:
Sec. 1902.251. INSTALLING AND REPAIRING PUMPS. An
installer shall install or repair pumps under standards and
procedures adopted by the commission with the advice of the board
[council].
SECTION 50. Section 1952.055, Occupations Code, is amended
to read as follows:
Sec. 1952.055. ADVISORY BOARD [COMMITTEE]. The department
may establish an advisory board [committee] to provide advice and
recommendations to the department on technical matters relevant to
the administration of this chapter.
SECTION 51. Section 1953.0512, Occupations Code, is amended
to read as follows:
Sec. 1953.0512. ADVISORY BOARD [COMMITTEE]. The department
may establish an advisory board [committee] to provide advice and
recommendations to the department on technical matters relevant to
the administration of this chapter.
SECTION 52. Section 1958.032(a), Occupations Code, is
amended to read as follows:
(a) Members of the advisory board serve staggered six-year
terms[, with the terms of three or four members expiring on February
1 of each odd-numbered year].
SECTION 53. Section 1958.033, Occupations Code, is amended
to read as follows:
Sec. 1958.033. PRESIDING OFFICER. The presiding officer of
the commission, with the approval of the commission, shall appoint
one of the advisory board members to serve as presiding officer of
the advisory board for a term of two years [one year].
SECTION 54. Section 2308.051(a), Occupations Code, is
amended to read as follows:
(a) The advisory board consists of nine [the following]
members appointed by the presiding officer of the commission with
the approval of the commission:
(1) one representative of a towing company operating
in a county with a population of less than one million;
(2) one representative of a towing company operating
in a county with a population of one million or more;
(3) one representative of a vehicle storage facility
located in a county with a population of less than one million;
(4) one representative of a vehicle storage facility
located in a county with a population of one million or more;
(5) one parking facility representative;
(6) one peace officer from a county with a population
of less than one million;
(7) one peace officer from a county with a population
of one million or more;
(8) one representative of a member insurer, as defined
by Section 462.004, Insurance Code, of the Texas Property and
Casualty Insurance Guaranty Association who writes automobile
insurance in this state; and
(9) one person who operates both a towing company and a
vehicle storage facility.
SECTION 55. Section 2308.052(a), Occupations Code, is
amended to read as follows:
(a) Advisory board members serve staggered terms of six
years[, with the terms of two or three members, as appropriate,
expiring on February 1 of each odd-numbered year].
SECTION 56. Section 2308.053, Occupations Code, is amended
to read as follows:
Sec. 2308.053. PRESIDING OFFICER. The presiding officer of
the commission shall appoint one of the advisory board members to
serve as presiding officer of the advisory board for a term of two
years [one year]. The presiding officer of the advisory board may
vote on any matter before the advisory board.
SECTION 57. Section 2309.052(a), Occupations Code, is
amended to read as follows:
(a) Advisory board members serve staggered terms of six
years[, with the terms of one or two members expiring on February 1
of each odd-numbered year].
SECTION 58. Section 2309.053, Occupations Code, is amended
to read as follows:
Sec. 2309.053. PRESIDING OFFICER. The presiding officer of
the commission shall appoint one of the advisory board members to
serve as presiding officer of the advisory board for a term of two
years [one year]. The presiding officer of the advisory board may
vote on any matter before the advisory board.
SECTION 59. Section 2310.033(a), Occupations Code, is
amended to read as follows:
(a) Members of the board serve staggered six-year terms[,
with the terms of three or four members expiring on February 1 of
each odd-numbered year].
SECTION 60. Section 2310.034, Occupations Code, is amended
to read as follows:
Sec. 2310.034. PRESIDING OFFICER. The presiding officer of
the commission, with the approval of the commission, shall appoint
one of the board members to serve as presiding officer of the board
for a term of two years [one year].
SECTION 61. Sections 662.0037(c) and (e), Transportation
Code, are amended to read as follows:
(c) The advisory board members serve staggered six-year
terms. [The terms of three members expire September 1 of each
odd-numbered year.]
(e) The presiding officer of the commission, on approval of
the commission, shall designate a member of the advisory board to
serve as the presiding officer of the advisory board for two years
[a one-year term]. The presiding officer of the advisory board may
vote on any matter before the advisory board.
SECTION 62. The following provisions of the Occupations
Code are repealed:
(1) Section 506.103(b);
(2) Sections 605.059, 1302.203, and 1302.208;
(3) Section 1305.052(b);
(4) Section 1901.106; and
(5) Sections 2308.052(b) and 2309.052(b).
SECTION 63. This Act takes effect September 1, 2025.