By Brimer                                       H.B. No. 3272

      75R5833 BEM-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the abolition of the Texas Department of Licensing and

 1-3     Regulation and the transfer of the powers and duties of that agency

 1-4     to certain other state agencies.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Notwithstanding any other law to the contrary,

 1-7     the following programs administered by the Texas Department of

 1-8     Licensing and Regulation before the effective date of this Act are

 1-9     transferred to the following state agencies:

1-10                 (1)  the regulation of air conditioning contractors,

1-11     boilers, elevators, escalators, and related equipment, manufactured

1-12     housing, and industrialized housing and buildings is transferred to

1-13     the Texas State Board of Plumbing Examiners;

1-14                 (2)  the regulation of architectural barriers is

1-15     transferred to the Texas Board of Architectural Examiners;

1-16                 (3)  the regulation of boxing is transferred to the

1-17     Texas Lottery Commission;

1-18                 (4)  the regulation of career counselors, personnel

1-19     employment services, staff leasing services, and temporary common

1-20     worker employees is transferred to the Texas Workforce Commission;

1-21                 (5)  the regulation of property tax consultants is

1-22     transferred to the Texas Real Estate Commission;

1-23                 (6)  the regulation of talent agencies is transferred

1-24     to the office of music, film, television, and multimedia industries

 2-1     in the office of the governor.

 2-2           SECTION 2.  Each county commissioners court in this state

 2-3     shall adopt rules for the regulation of an auctioneer whose

 2-4     principal place of business is located within the jurisdiction of

 2-5     that county.

 2-6           SECTION 3.  Effective December 1, 1997, the Texas Department

 2-7     of Licensing and Regulation, the Texas Commission of Licensing and

 2-8     Regulation, and the office of commissioner of licensing and

 2-9     regulation are abolished.

2-10           SECTION 4.  Article 9100, Revised Statutes, is repealed.

2-11           SECTION 5.  (a)  Not later than December 1, 1997, the

2-12     personnel, assets, obligations, liabilities, contracts, records,

2-13     leases, equipment, and other property used by the Texas Department

2-14     of Licensing and Regulation for the administration of the programs

2-15     designated in Section 1 of this Act are transferred to the state

2-16     agency designated under Section 1 of this Act to administer that

2-17     program.

2-18           (b)  The unexpended balance of any appropriation made to the

2-19     Texas Department of Licensing and Regulation for a program affected

2-20     by this Act is transferred to the applicable state agency to the

2-21     extent authorized by the General Appropriations Act.

2-22           SECTION 6.  A reference in the laws of this state to the

2-23     Texas Department of Licensing and Regulation means the Texas State

2-24     Board of Plumbing Examiners, the Texas Board of Architectural

2-25     Examiners,  the Texas Lottery Commission, the Texas Workforce

2-26     Commission, the Texas Real Estate Commission, or the office of

2-27     music, film, television, and multimedia industries in the office of

 3-1     the governor, as applicable.

 3-2           SECTION 7.  Except as otherwise provided by this Act, this

 3-3     Act takes effect September 1, 1997.

 3-4           SECTION 8.  The importance of this legislation and the

 3-5     crowded condition of the calendars in both houses create an

 3-6     emergency and an imperative public necessity that the

 3-7     constitutional rule requiring bills to be read on three several

 3-8     days in each house be suspended, and this rule is hereby suspended.