C.S.S.B. 279 78(R)    BILL ANALYSIS


C.S.S.B. 279
By: Jackson
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 CSSB 279. 


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

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 substitute also incorporates
several standard across-the-board recommendations of the Sunset
Commission.   

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

Commission Powers 
The substitute 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 substitute).  The substitute also clarifies that all eleven
advisory committees of TDLR exist to advise the Commission.  The
substitute 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 substitute 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 substitute 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 substitute 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
substitute requires the department to charge state licensing entities fees
to sufficiently cover the cost of the creation of the toll-free hotline
(Subchapter I, Sec. 51.454, Occupations Code). 

Unplugged Water Well Enforcement
The substitute transfers the enforcement of plugging abandoned water wells
to local Groundwater Conservation Districts, where they exist (Subchapter
F, Sec. 1901.256).  The substitute 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 substitute 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 substitute 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 substitute 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 substitute 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 substitute 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 substitute 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 substitute 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 substitute 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
substitute 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 substitute changes the size of the Commission of Licensing and
Regulation from six to five members (Sec. 51.052(a), Occupations Code). 

Architectural Barriers
The substitute 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 substitute 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.) 

Career Counseling Services
The substitute removes certain enforcement time lines for the career
counseling services program. The substitute also repeals 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 (Sec. 2502.202(b) and Sec. 2502.203(a), Occupations Code.) 

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

EFFECTIVE DATE

September 1, 2003.


COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the engrossed version to change the size of the
Commission from six to five members, instead of six to seven members. 

The substitute adds the requirement that licensing agencies list TDLR's
1-800 consumer information telephone number with their own regular
telephone number.  The substitute also adds the provision authorizing TDLR
to charges fees to licensing agencies to recover the costs of
administering the 1800 consumer information telephone line.   

The substitute removes language in the engrossed version that created the
registration of elevator mechanics and the licensure of elevator cab
renovators, provided for annual elevator inspections, required elevators
and related equipment installed after January 1, 2004 in single family
homes to be inspected, and made several other technical changes to the
elevator program at TDLR. 

The substitute modifies the engrossed version to add a provision
transferring the administration of the Landscape Irrigators program from
the Texas Commission on Environmental Quality to TDLR. 

The substitute modifies the engrossed version by adding the provision that
transfers the administration of the Water Treatment Specialists program
from TCEQ to TDLR. 

The substitute modifies the engrossed version to remove the provision that
transfers regulation of for-profit legal service contracts to TDLR from
the Texas Department of Insurance. 

The substitute modifies the engrossed version by removing the provision
establishing the regulation of Vehicle Protection services (Valet Parking
Services) by TDI in coordination with TDLR.