C.S.H.B. 2062 78(R)    BILL ANALYSIS


C.S.H.B. 2062
By: Solomons
Licensing & Administrative Procedures
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The Texas Department of Licensing and Regulation was created in 1989 when
the Legislature renamed the Bureau of Labor Statistics and established the
Department as an umbrella licensing agency for non-health related
professions.  The Department regulates 20 different professions through
examination, licensing, inspection, and enforcement.  The Department is
subject to the Sunset Act and will be abolished on September 1, 2003,
unless continued by the Legislature.  As a result of its review of the
Texas Department of Licensing and Regulation, the Sunset Advisory
Commission recommended continuation of the agency and several statutory
modifications that are contained in CSHB 2062. 


RULEMAKING AUTHORITY

Rulemaking authority is expressly delegated to the Commission of Licensing
and Regulation in SECTION 1.017 (Section 51.302(c)), Occupations Code),
SECTION 1.019 (Section 51.403, Occupations Code), SECTION 1.020 (Section
51.406, Occupations Code), SECTION 11.007 (Section 754.016, Health and
Safety Code), SECTION 12.012 (Section 1202.204(b), Occupations Code),
SECTION 16.007 (Subchapter C, Chapter 1304, Section 1304.105, Occupations
Code), SECTION 24.015 (Subchapter F, Chapter 1901, Section 1901.257,
Occupations Code), and SECTION 27.004 (Subtitle F, Title 2, Section
38.052, Water Code).  Rulemaking authority is expressly delegated to the
Commission on Environmental Quality in SECTION 24.015 (Subchapter F,
Chapter 1901, Section 1901.257, Occupations Code).  In addition, under the
general rulemaking authority already granted to the Commission of
Licensing and Rulemaking,  rules may be developed to implement other new
provisions found in this bill. 

Rulemaking authority is modified by transferring the authority from the
executive director of the Department of Licensing and Regulation to the
Commission of Licensing and Regulation in SECTION 1.014 (Section 51.203
and 51.204, Occupations Code). 

Rulemaking authority is modified by transferring the authority from the
commissioner of the Department of Licensing and Regulation to the
Commission of Licensing and Regulation in SECTION 2.001 (Section
1302.002(5), Occupations Code), SECTION 2.003 (Section 1302.101,
Occupations Code), SECTION 2.004 (Section 1302.103, Occupations Code),
SECTION 2.006 (Section 1302.204(a), Occupations Code), SECTION 2.009
(Section 1302.261, Occupations Code), SECTION 2.010 (Section 1302.354(b),
Occupations Code), SECTION 2.011 (Section 1302.355(c), Occupations Code),
SECTION 3.003 (Section 5A(d), Section 5A(h), and Section 5A(j), Article
9102, Revised Statutes), SECTION 4.002 (Section 1802.059(d), Occupations
Code),  SECTION 4.013 (Section 1802.207, Occupations Code), SECTION 4.018
(Section 1802.303(a), Occupations Code), SECTION 6.006 (Section 755.017,
Health and Safety Code), SECTION 6.007 (Section 755.030(a), Health and
Safety Code), SECTION 6.008 (Section 755.032, Health and Safety Code),
SECTION 6.009 (Section 755.033, Health and Safety Code), SECTION 7.002
(Section 2502.056, Occupations Code), SECTION 8.004 (Section 2052.052,
Occupations Code), SECTION 8.007 (Section 2052.251, Occupations Code),
SECTION 9.002 (Section 57.042(g), Government Code), SECTION 9.003 (Section
57.043(b), Government Code), SECTION 11.006 (Section 754.015, Health and
Safety Code), SECTION 11.008 (Section 754.017(b), Health and Safety Code),
SECTION 11.009 (Section 754.019(a), Health and Safety Code), SECTION
12.003 (Section 1202.101,Occupations Code), SECTION 12.004 (Section
1202.102, Occupations Code), SECTION 12.010 (Section 1202.202(a),
Occupations Code), SECTION 12.012 (Section 1202.204(a),  Occupations
Code), SECTION 12.013 (Section 1202.252(a), Occupations Code), SECTION
12.014 (Section 1202.301(b), Occupations Code), SECTION 12.015 (Section
1202.302, Occupations Code), SECTION 12.016 (Section 1202.351(b),
Occupations Code), SECTION 15.003 (Section 1152.051, Occupations Code),
SECTION 15.009 (Section 1152.160, Occupations Code), SECTION 15.012
(Section 1152.204, Occupations Code), SECTION 15.013 (Section 1152.251,
Occupations Code), SECTION 16.003 (Section 1304.052(a), Occupations Code),
SECTION 16.008 (Section 1304.151(a), Occupations Code), SECTION 17.002
(Section 91.002(a) and (b), Labor Code), SECTION 17.007 (Section
91.019(a), Labor Code), SECTION 17.009 (Section 91.041(c), Labor Code),
SECTION 22.003 (Section 4, Article 9035, Revised Statutes), SECTION 22.004
(Section 5(a), Article 9035, Revised Statutes), SECTION 22.005 (Section
6(d), Article 9035, Revised Statutes), SECTION 22.006 (Section 10(e),
Article 9035, Revised Statutes), SECTION 24.003 (Section 1901.052,
Occupations Code), SECTION 24.006 (Section 1901.109(a), Occupations Code),
SECTION 24.008 (Section 1901.162, Occupations Code), SECTION 24.009
(Section 1901.251(a), Occupations Code), SECTION 24.010 (Section
1901.252(b), Occupations Code), SECTION 25.003 (Section 1902.052,
Occupations Code), and SECTION 25.005 (Section 1902.162, Occupations
Code). 

Rulemaking authority is modified by transferring the authority from the
Department of Licensing and Regulation to the Commission of Licensing and
Regulation in SECTION 18.002 (Section 2105.002, Occupations Code), SECTION
18.005 (Section 2105.104, Occupations Code), SECTION 18.006 (Section
2105.105(b), Occupations Code), SECTION 26.003 (Section 1.11, Chapter 376,
Acts of the 77th Legislature, Regular Session, 2001 (Article 165c,
Vernon's Texas Civil Statutes)), SECTION 26.008 (Section 1.32, Chapter
376, Acts of the 77th Legislature, Regular Session, 2001 (Article 165c,
Vernon's Texas Civil Statutes)), SECTION 26.009 (Section 1.41(v), Chapter
376, Acts of the 77th Legislature, Regular Session, 2001 (Article 165c,
Vernon's Texas Civil Statutes)), SECTION 26.010 (Section 1.64, Chapter
376, Acts of the 77th Legislature, Regular Session, 2001 (Article 165c,
Vernon's Texas Civil Statutes)), and SECTION 26.011 (Section 1.65, Chapter
376, Acts of the 77th Legislature, Regular Session, 2001 (Article 165c,
Vernon's Texas Civil Statutes)).  

Rules of the Texas Commission on Environmental Quality are given effect as
rules of the Texas Department of Licensing and Regulation until amended or
replaced by the Department of Licensing and Regulation in SECTION
5.002(2), SECTION 10.002(2), SECTION 13.005(2), SECTION 21.004(2), and
SECTION 23.007(2). 



ANALYSIS

CSHB 2062 amends the Occupations Code, Health and Safety Code, Water Code,
Labor Code, Government Code, Revised Statutes, and Chapter 376, Acts of
the 77th Legislature, Regular Session, 2001, relating to the continuation
and functions of the Texas Department of Licensing and Regulation (TDLR)
and relating to the transfer of certain functions from the Texas
Commission on Environmental Quality to TDLR, and the transfer of certain
functions from TDLR to the Department of Public Safety.  The bill also
incorporates several standard across-the-board recommendations of the
Sunset Commission.   

Continuation of the Department
The bill continues TDLR until September 1, 2015 (Sec. 51.002, Occupations
Code). 

Commission Powers 
The bill transfers rulemaking authority for all programs from the
executive director of TDLR to the Texas Commission of Licensing and
Regulation (Sec. 51.203, Occupations Code, and conforming changes
throughout the bill).  The bill also clarifies that all eleven advisory
committees of TDLR exist to advise the Commission.  The bill authorizes
the Presiding Officer of the Commission, with approval of the Commission,
to appoint all members of advisory committees and to appoint a Presiding
Officer of each committee to serve for two years.                 

Occupational Licensing Program Transfers
The bill transfers the administration of the Backflow Prevention Assembly
Testers (Sec. 341.034(c),  Health and Safety Code), Customer Service
Inspectors (Sec. 341.034(d), Health and Safety Code), Underground Storage
Tank Operators (Sec. 26.451, 26.452, and 26.456(a), Water Code),
Landscape Irrigators (Sec. 1903.001, 1903.151, and 1903.155, Occupations
Code), and Water Treatment Specialists (Sec. 341.034(e), 341.101, 341.103,
341.104, and 341.105(a), Health and Safety Code) programs from the Texas
Commission on Environmental Quality to TDLR.  The bill gives the
Commission of Licensing and Regulation authority to adopt rules, and TDLR
the authority to establish license and examination requirements necessary
to administer these programs (Subtitle F, Title 2, Water Code). 

Consumer Information Licensing Hotline
The bill requires TDLR to create a toll-free licensing hotline (Subchapter
I, Sec. 51.452, Occupations Code) for consumers to access information
about any license issued by a state licensing entity.  The bill requires
the department to charge state licensing entities fees to sufficiently
cover the cost of the creation of the database and toll-free hotline
(Subchapter I, Sec. 51.454, Occupations Code). 

Unplugged Water Well Enforcement
The bill transfers the enforcement of plugging abandoned water wells to
local Groundwater Conservation Districts, where they exist (Subchapter F,
Sec. 1901.256).  The bill maintains TDLR's authority to enforce against
landowners with unplugged water wells in areas of the state where
Conservation Districts do not exist, and maintains TDLR's authority to
establish plugging standards. The bill requires water well drillers, pump
installers, and well owners to file plugging reports with Groundwater
Conservation Districts, if they exist, and with TDLR (Sec. 1901.255,
Occupations Code).  The bill requires the Texas Commission on
Environmental Quality,  TDLR and Groundwater Conservation Districts to
enter into Memoranda of Understanding to coordinate well plugging
enforcement activities (Subchapter F, Section 1901.257, Occupations Code). 

Transportation Service Providers
The bill abolishes the registration of transportation service providers at
TDLR (Sec. 2401.052, 2401.001(1), 2401.051. 2401.053, 2401.054, Subchapter
C, Chapter 2401, 2401.151, and Subchapter E, Chapter 2401, Occupations
Code) and transfers the authority to audit transaction records of
transportation service providers to the Department of Public Safety (Sec.
2401.253 Occupations Code). 

Elevator Certificates of Compliance
The bill requires that elevator certificates of compliance issued by TDLR
be posted in a publicly visible area within a building (Sec. 754.016 and
Sec. 754.019(a), Health and Safety Code).  The bill gives the Commission
of Licensing and Regulation rulemaking authority to specify what
information is required on a certificate of compliance, and to determine
what is a publicly visible place within a building (Sec. 754.016, Health
and Safety Code).  The bill repeals the provision that prohibits
certificates of compliance from being publicly posted (Sec. 754.019(f) and
754.015(b)(3), Health and Safety Code). 

Advisory Committee Involvement
The bill eliminates the involvement of the Water Well Drillers Advisory
Council in making recommendations to the Commission of Licensing and
Regulation on licensure and enforcement actions in the water well drillers
(Sec. 1901.109(e), Occupations Code) and water well pump installers (Sec.
1902.051 and 1902.101, Occupations Code) programs. 

Standard Administrative Penalty Procedures
The bill repeals non-standard administrative penalty amounts in the
service contract providers (Sec. 1304.201(b), Occupations Code), staff
leasing services (Sec. 91.021, Labor Code), vehicle protection product
warrantors (Sec. 15, Article 9035, Revised Statutes), water well drillers
(Subchapter H, Sec. 1901.351, Occupations Code), and water well pump
installers (Subchapter H, Sec. 1902.351, Occupations Code) programs.  The
bill also requires the Commission of Licensing and Regulation by rule or
procedure to develop a written enforcement plan that provides notice of
the specific ranges of administrative penalties that apply to specific
violations of the programs TDLR administers, and the criteria by which
TDLR determines the amount of an administrative penalty (Sec. 51.302(c),
Occupations Code).   

 Commission Size
The bill changes the size of the Commission of Licensing and Regulation
from six to five members (Sec. 51.052(a), Occupations Code). 

Architectural Barriers
The bill adds language to the Architectural Barriers program statute (Sec.
9, Article 9102, Revised Statutes) requiring all architectural barrier
complaints that allege non-compliance with Texas Accessibility Standards
to remain open until the building comes into compliance with the law,
unless the building is exempted from compliance or otherwise unable to
come into compliance. 

Industrialized Housing and Buildings
The bill adds a provision to allow industrialized buildings to be movable,
provides a mechanism for reinspection of industrialized buildings, and
removes the requirement that all modular components be inspected at the
manufacturing plant or facility (Sec. 1202.001 and Sec. 1202.1535,
Occupations Code, and conforming changes throughout the article). 

Conforming Changes 
The bill makes conforming changes throughout the bill changing the term
"commissioner" of the Department to "executive director" of the
Department.   


EFFECTIVE DATE

September 1, 2003.


COMPARISON OF ORIGINAL TO SUBSTITUTE

CSHB 2062 clarifies that the toll-free licensing information hotline is
strictly a connection tool for consumers, so that a consumer with a
question or complaint about a state-issued license can call the number,
and TDLR will connect them with the appropriate licensing agency.  The
substitute removes language in the original bill requiring TDLR to
maintain a database on licensing entities and licensing information. 

The substitute removes the provision in the original bill transferring the
administration of the mobile amusement park ride program from TDI to TDLR,
so that the requirements revert to current law. 

The substitute adds language not in the original version that requires all
architectural barrier complaints that allege non-compliance with Texas
Accessibility Standards to remain open until the building comes into
compliance with the law, unless the building is exempted from compliance
or otherwise unable to come into compliance.  In the latter case, the
provision requires TDLR to notify the complainant if the building is
unable to come into compliance. 

The substitute expands provisions in the original bill regarding
enforcement time lines for the career counseling services program.  The
substitute also removes the requirement that a service provide its client
with a copy of a contract at the first interview and the requirement that
there be two interviews before entering into a contract. 

The substitute adds a provision to allow industrialized housing and
buildings to be movable, and provides a mechanism for reinspection.  The
substitute grandfathers industrialized buildings that have been approved
by TDLR and have not been modified from complying with new building codes
and also removes the requirement that all modular components be inspected
at the manufacturing plant or facility.  The substitute removes language
in the Industrialized Housing and Building program that specifies that a
person only commits an offense if the person knowingly and willfully
violates the chapter. 

The substitute clarifies that the Presiding Officer of the Commission of
Licensing and Regulation will make advisory committee appointments with
the approval of the full Commission.  

 The substitute reinstates language allowing TDLR to take administrative
enforcement action against those who violate orders of the Commission. 
 
The substitute clarifies that TDLR can provide parties with information
about the complaint process instead of providing a copy of the complaint
procedures and adds an effective date of January 1, 2004, for this
provision.   

The substitute changes the date requiring TDLR to adopt an administrative
penalty matrix from December 1, 2003, to March 1, 2004. 

The substitute clarifies that TDLR's license renewal procedures apply to
Registered Accessibility Specialists in the Architectural Barriers
program. 

The substitute removes the specific 30-day time period requirement for
notification of a hearing and removes the provision that appellants can
file an appeal in a county other than Travis County in the Auctioneers
program. 

The substitute reinstates language allowing the chief boiler inspector to
be the presiding officer of the Boiler Advisory Board, and changes the
term "license" to the "commission" in the boiler program, reverting to
current law. 

The substitute changes the deadline for adopting rules regarding elevator
certificates from December 1, 2003, to March 1, 2004.  

The substitute removes a provision prohibiting a personnel employment
service from reapplying for a new license until the third anniversary of
the date the license was revoked. 

The substitute repeals provisions that specify the continuing education
program for property tax consultants and that allow reciprocity of
licenses in the property tax consultants program, which are covered
elsewhere in the bill. 

The substitute adds instructional language requiring the new one-year
renewals for staff leasing services to take effect on January 1, 2004. 

The substitute removes language in the Water Well Driller's program that
requires TDLR to get advice from the Texas Commission on Environmental
Quality when adopting rules, and adds language that eliminates the
involvement of the Water Well Drillers Advisory Council in making
recommendations to the Commission on certain licensure and enforcement
actions.