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.