By Gallego H.B. No. 1658
76R4012 MCK-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, the transfer of the powers and duties of that agency to
1-4 certain other state agencies, and changing the name of the Texas
1-5 State Board of Plumbing Examiners to the Texas Department of
1-6 Industrial Trades.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 SECTION 1. Notwithstanding any other law to the contrary,
1-9 the following programs administered by the Texas Department of
1-10 Licensing and Regulation before the effective date of this Act are
1-11 transferred to the following state agencies:
1-12 (1) the regulation of air conditioning contractors,
1-13 elevators, escalators, and related equipment, boilers, and
1-14 industrialized housing and buildings is transferred to the Texas
1-15 Department of Industrial Trades;
1-16 (2) the regulation of architectural barriers is
1-17 transferred to the Texas Board of Architectural Examiners;
1-18 (3) the regulation of boxing and wrestling is
1-19 transferred to the Texas Lottery Commission;
1-20 (4) the regulation of career counselors, personnel
1-21 employment services, staff leasing services, and temporary common
1-22 worker employees is transferred to the Texas Workforce Commission;
1-23 (5) the regulation of property tax consultants is
1-24 transferred to the Texas Real Estate Commission;
2-1 (6) the regulation of talent agencies is transferred
2-2 to the office of music, film, television, and multimedia industries
2-3 in the office of the governor;
2-4 (7) the regulation of auctioneers is transferred to
2-5 the Department of Agriculture;
2-6 (8) the regulation of water well drillers and water
2-7 well pump installers is transferred to the Texas Natural Resource
2-8 Conservation Commission; and
2-9 (9) the regulation of transportation service providers
2-10 is transferred to the Texas Department of Transportation.
2-11 SECTION 2. The Air Conditioning and Refrigeration Contractor
2-12 License Law (Article 8861, Vernon's Texas Civil Statutes) is
2-13 amended by adding Section 1A to read as follows:
2-14 Sec. 1A. ADMINISTRATION OF ACT. Notwithstanding any other
2-15 provision of this Act, the powers and duties assigned by this Act
2-16 to the Texas Department of Licensing and Regulation, the Texas
2-17 Commission of Licensing and Regulation, and the commissioner of
2-18 licensing and regulation are performed by the Texas Department of
2-19 Industrial Trades.
2-20 SECTION 3. Subchapter B, Chapter 754, Health and Safety
2-21 Code, is amended by adding Section 754.0112 to read as follows:
2-22 Sec. 754.0112. ADMINISTRATION OF CHAPTER. Notwithstanding
2-23 any other provision of this chapter, the powers and duties assigned
2-24 by this chapter to the Texas Department of Licensing and
2-25 Regulation, the Texas Commission of Licensing and Regulation, and
2-26 the commissioner of licensing and regulation are performed by the
2-27 Texas Department of Industrial Trades.
3-1 SECTION 4. Subchapter B, Chapter 755, Health and Safety
3-2 Code, is amended by adding Section 755.0111 to read as follows:
3-3 Sec. 755.0111. ADMINISTRATION OF CHAPTER. Notwithstanding
3-4 any other provision of this chapter, the powers and duties assigned
3-5 by this chapter to the Texas Department of Licensing and
3-6 Regulation, the Texas Commission of Licensing and Regulation, and
3-7 the commissioner of licensing and regulation are performed by the
3-8 Texas Department of Industrial Trades.
3-9 SECTION 5. Article 5221f-1, Revised Statutes, is amended by
3-10 adding Section 1A to read as follows:
3-11 Sec. 1A. ADMINISTRATION OF ARTICLE. Notwithstanding any
3-12 other provision of this article, the powers and duties assigned by
3-13 this article to the Texas Department of Licensing and Regulation,
3-14 the Texas Commission of Licensing and Regulation, and the
3-15 commissioner of licensing and regulation are performed by the Texas
3-16 Department of Industrial Trades.
3-17 SECTION 6. Article 9102, Revised Statutes, is amended by
3-18 adding Section 1A to read as follows:
3-19 Sec. 1A. ADMINISTRATION OF ARTICLE. Notwithstanding any
3-20 other provision of this article, the powers and duties assigned by
3-21 this article to the Texas Department of Licensing and Regulation,
3-22 the Texas Commission of Licensing and Regulation, and the
3-23 commissioner of licensing and regulation are performed by the Texas
3-24 Board of Architectural Examiners.
3-25 SECTION 7. The Texas Boxing and Wrestling Act (Article
3-26 8501-1, Vernon's Texas Civil Statutes) is amended by adding Section
3-27 3A to read as follows:
4-1 Sec. 3A. ADMINISTRATION OF ACT. Notwithstanding any other
4-2 provision of this Act, the powers and duties assigned by this Act
4-3 to the Texas Department of Licensing and Regulation, the Texas
4-4 Commission of Licensing and Regulation, and the commissioner of
4-5 licensing and regulation are performed by the Texas Lottery
4-6 Commission.
4-7 SECTION 8. Chapter 222, Acts of the 70th Legislature,
4-8 Regular Session, 1987 (Article 5221a-8, Vernon's Texas Civil
4-9 Statutes), is amended by adding Section 1A to read as follows:
4-10 Sec. 1A. ADMINISTRATION OF ACT. Notwithstanding any other
4-11 provision of this Act, the powers and duties assigned by this Act
4-12 to the Texas Department of Licensing and Regulation, the Texas
4-13 Commission of Licensing and Regulation, and the commissioner of
4-14 licensing and regulation are performed by the Texas Workforce
4-15 Commission.
4-16 SECTION 9. Chapter 263, Acts of the 66th Legislature,
4-17 Regular Session, 1979 (Article 5221a-7, Vernon's Texas Civil
4-18 Statutes), is amended by adding Section 1A to read as follows:
4-19 Sec. 1A. ADMINISTRATION OF ACT. Notwithstanding any other
4-20 provision of this Act, the powers and duties assigned by this Act
4-21 to the Texas Department of Licensing and Regulation, the Texas
4-22 Commission of Licensing and Regulation, and the commissioner of
4-23 licensing and regulation are performed by the Texas Workforce
4-24 Commission.
4-25 SECTION 10. Subchapter A, Chapter 91, Labor Code, is amended
4-26 by adding Section 91.0011 to read as follows:
4-27 Sec. 91.0011. ADMINISTRATION OF CHAPTER. Notwithstanding
5-1 any other provision of this chapter, the powers and duties assigned
5-2 by this chapter to the Texas Department of Licensing and
5-3 Regulation, the Texas Commission of Licensing and Regulation, and
5-4 the commissioner of licensing and regulation are performed by the
5-5 Texas Workforce Commission.
5-6 SECTION 11. Subchapter A, Chapter 92, Labor Code, is amended
5-7 by adding Section 92.0011 to read as follows:
5-8 Sec. 92.0011. ADMINISTRATION OF CHAPTER. Notwithstanding
5-9 any other provision of this chapter, the powers and duties assigned
5-10 by this chapter to the Texas Department of Licensing and
5-11 Regulation, the Texas Commission of Licensing and Regulation, and
5-12 the commissioner of licensing and regulation are performed by the
5-13 Texas Workforce Commission.
5-14 SECTION 12. Article 8886, Revised Statutes, is amended by
5-15 adding Section 1A to read as follows:
5-16 Sec. 1A. ADMINISTRATION OF ARTICLE. Notwithstanding any
5-17 other provision of this article, the powers and duties assigned by
5-18 this article to the Texas Department of Licensing and Regulation,
5-19 the Texas Commission of Licensing and Regulation, and the
5-20 commissioner of licensing and regulation are performed by the Texas
5-21 Real Estate Commission.
5-22 SECTION 13. Chapter 202, Acts of the 71st Legislature,
5-23 Regular Session, 1989 (Article 5221a-9, Vernon's Texas Civil
5-24 Statutes), is amended by adding Section 1A to read as follows:
5-25 Sec. 1A. ADMINISTRATION OF ACT. Notwithstanding any other
5-26 provision of this Act, the powers and duties assigned by this Act
5-27 to the Texas Department of Licensing and Regulation, the Texas
6-1 Commission of Licensing and Regulation, and the commissioner of
6-2 licensing and regulation are performed by the office of music,
6-3 film, television, and multimedia industries in the office of the
6-4 governor.
6-5 SECTION 14. Chapter 320, Acts of the 64th Legislature,
6-6 Regular Session, 1975 (Article 8700, Vernon's Texas Civil
6-7 Statutes), is amended by adding Section 1A to read as follows:
6-8 Sec. 1A. ADMINISTRATION OF ACT. Notwithstanding any other
6-9 provision of this Act, the powers and duties assigned by this Act
6-10 to the Texas Department of Licensing and Regulation, the Texas
6-11 Commission of Licensing and Regulation, and the commissioner of
6-12 licensing and regulation are performed by the Department of
6-13 Agriculture.
6-14 SECTION 15. Chapter 32, Water Code, is amended by adding
6-15 Section 32.0015 to read as follows:
6-16 Sec. 32.0015. ADMINISTRATION OF CHAPTER. Notwithstanding
6-17 any other provision of this chapter, the powers and duties assigned
6-18 by this chapter to the Texas Department of Licensing and
6-19 Regulation, the Texas Commission of Licensing and Regulation, and
6-20 the commissioner of licensing and regulation are performed by the
6-21 Texas Natural Resource Conservation Commission.
6-22 SECTION 16. Chapter 33, Water Code, is amended by adding
6-23 Section 33.0015 to read as follows:
6-24 Sec. 33.0015. ADMINISTRATION OF CHAPTER. Notwithstanding
6-25 any other provision of this chapter, the powers and duties assigned
6-26 by this chapter to the Texas Department of Licensing and
6-27 Regulation, the Texas Commission of Licensing and Regulation, and
7-1 the commissioner of licensing and regulation are performed by the
7-2 Texas Natural Resource Conservation Commission.
7-3 SECTION 17. Chapter 307, Acts of the 75th Legislature,
7-4 Regular Session, 1997 (Article 6675e, Vernon's Texas Civil
7-5 Statutes), is amended by adding Section 1A to read as follows:
7-6 Sec. 1A. ADMINISTRATION OF ACT. Notwithstanding any other
7-7 provision of this Act, the powers and duties assigned by this
7-8 chapter to the Texas Department of Licensing and Regulation, the
7-9 Texas Commission of Licensing and Regulation, and the commissioner
7-10 of licensing and regulation are performed by the Texas Department
7-11 of Transportation.
7-12 SECTION 18. The Plumbing License Law (Article 6243-101,
7-13 Vernon's Texas Civil Statutes) is amended by adding Section 1A to
7-14 read as follows:
7-15 Sec. 1A. ADMINISTRATION OF ACT. A reference in this Act or
7-16 in any other law to the Texas State Board of Plumbing Examiners
7-17 means the Texas Department of Industrial Trades.
7-18 SECTION 19. Section 4, The Plumbing License Law (Article
7-19 6243-101, Vernon's Texas Civil Statutes), is amended by amending
7-20 the section heading and Subsection (a) to read as follows:
7-21 Sec. 4. DEPARTMENT [STATE BOARD] OF INDUSTRIAL TRADES
7-22 [PLUMBING EXAMINERS]. (a) The Texas Department [State Board] of
7-23 Industrial Trades [Plumbing Examiners] shall consist of 12 [nine]
7-24 members, each of whom shall be a citizen of the United States and a
7-25 resident of this state. Members of the department [Board] and
7-26 their successors shall be appointed by the Governor and confirmed
7-27 by the Senate, and shall hold office for terms of six years, or
8-1 until their successors are appointed and have qualified.
8-2 Appointments to the department [Board] shall be made without regard
8-3 to the race, creed, sex, religion, or national origin of the
8-4 appointees. One member of the department [Board] shall have had at
8-5 least ten years practical experience as a master plumber, one
8-6 member shall have had at least five years practical experience as a
8-7 journeyman plumber, one member shall be a plumbing contractor with
8-8 five years experience, one member shall be a licensed sanitary
8-9 engineer, two members shall be building contractors with five years
8-10 contracting experience (one of whom shall be principally engaged in
8-11 home building and one of whom shall be principally engaged in
8-12 commercial building), [and] one member shall have had at least five
8-13 years practical experience as a plumbing inspector, one member
8-14 shall be a full-time licensed air conditioning and refrigeration
8-15 contractor, one member shall represent elevator, escalator, and
8-16 related equipment constructors, and one member shall represent
8-17 boiler manufacturers or installers. Two members must be
8-18 representatives of the general public. A person is not eligible
8-19 for appointment as a public member if the person or the person's
8-20 spouse:
8-21 (1) is licensed by an occupational regulatory agency
8-22 in the building construction industry;
8-23 (2) is employed by or participates in the management
8-24 of an agency or business entity related to the building
8-25 construction industry; or
8-26 (3) has, other than as a consumer, a financial
8-27 interest in a business entity related to the building construction
9-1 industry.
9-2 SECTION 20. Section 5(a), The Plumbing License Law (Article
9-3 6243-101, Vernon's Texas Civil Statutes), is amended to read as
9-4 follows:
9-5 (a) The department [Board] shall administer the provisions
9-6 of this Act and perform the duties assigned to the department under
9-7 other law. The department [Board] shall formally elect a chairman
9-8 and a secretary from its members and may adopt such rules as it
9-9 deems necessary for the orderly conduct and enforcement of its
9-10 affairs. The department [Board] is hereby authorized and empowered
9-11 to employ, promote and discharge such assistants and employees as
9-12 it may deem necessary to properly carry out the intent and purpose
9-13 of this Act, and to fix and pay their compensation and salaries and
9-14 to provide for their duties and the terms of their employment. A
9-15 majority of the department [Board] shall constitute a quorum for
9-16 the transaction of business. The department [Board] shall have a
9-17 seal which shall be judicially noticed. The department [Board]
9-18 shall keep records of all proceedings and actions by and before the
9-19 department [Board]. The department [Board] is hereby authorized,
9-20 empowered and directed to prescribe, amend and enforce all rules
9-21 and regulations necessary to carry out this Act. The department
9-22 [Board] shall appoint an employee or employees thereof, with the
9-23 power of removal, as a plumbing examiner or examiners, whose duties
9-24 shall be to examine, as to their fitness and qualifications, all
9-25 persons applying to the department [Board] for licenses to engage
9-26 in the business, trade or calling of a master plumber or a
9-27 journeyman plumber or to serve as a plumbing inspector, and to
10-1 promptly certify the result thereof to the department [said State
10-2 Board of Plumbing Examiners].
10-3 SECTION 21. Effective December 1, 1999, the Texas Department
10-4 of Licensing and Regulation, the Texas Commission of Licensing and
10-5 Regulation, and the office of commissioner of licensing and
10-6 regulation are abolished.
10-7 SECTION 22. (a) The Texas Department of Licensing and
10-8 Regulation is abolished but shall continue in existence after
10-9 December 1, 1999, for the sole purpose of transferring personnel,
10-10 obligations, property, rights, powers, and duties to the
10-11 appropriate entity as provided under Section 1 of this Act. Each
10-12 entity as provided under Section 1 of this Act shall assume the
10-13 applicable personnel, obligations, property, rights, powers, and
10-14 duties of the Texas Department of Licensing and Regulation, as
10-15 exercised by the agency immediately before December 1, 1999. All
10-16 unexpended funds appropriated to the Texas Department of Licensing
10-17 and Regulation are transferred to the appropriate entity as
10-18 provided under Section 1 of this Act. The transfer of the
10-19 personnel, obligations, property, rights, powers, and duties of the
10-20 Texas Department of Licensing and Regulation must be completed not
10-21 later than March 1, 2000.
10-22 (b) All rules of the Texas Department of Licensing and
10-23 Regulation are continued in effect as rules of the appropriate
10-24 entity as provided under Section 1 of this Act until superseded by
10-25 a rule of that entity. A license, permit, or registration issued
10-26 by the commissioner of licensing and regulation is continued in
10-27 effect as provided by the law in effect immediately before the
11-1 effective date of this Act. A complaint, investigation, contested
11-2 case, or other proceeding pending on the effective date of this Act
11-3 is continued without change in status after the effective date of
11-4 this Act.
11-5 SECTION 23. Effective December 1, 1999, Article 9100,
11-6 Revised Statutes, is repealed.
11-7 SECTION 24. A reference in the laws of this state to the
11-8 Texas Department of Licensing and Regulation means the Texas
11-9 Department of Industrial Trades, the Texas Board of Architectural
11-10 Examiners, the Texas Lottery Commission, the Texas Workforce
11-11 Commission, the Texas Real Estate Commission, the office of music,
11-12 film, television, and multimedia industries in the office of the
11-13 governor, or the Department of Agriculture, as applicable.
11-14 SECTION 25. In making the additional appointments to the
11-15 Texas Department of Industrial Trades required under Section 4, The
11-16 Plumbing License Law (Article 6243-101, Vernon's Texas Civil
11-17 Statutes), as amended by this Act, the governor shall appoint one
11-18 member for a term expiring January 31, 2001, one member for a term
11-19 expiring January 31, 2003, and one member for a term expiring
11-20 January 31, 2005.
11-21 SECTION 26. Except as otherwise provided by this Act, this
11-22 Act takes effect September 1, 1999.
11-23 SECTION 27. The importance of this legislation and the
11-24 crowded condition of the calendars in both houses create an
11-25 emergency and an imperative public necessity that the
11-26 constitutional rule requiring bills to be read on three several
11-27 days in each house be suspended, and this rule is hereby suspended.