SRC-VRA,EPT S.B. 279 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 279
78-R919 MXM-DBy: Jackson
Government Organization
4/15/2003
As Filed


This analysis utilizes the Texas Sunset Advisory Commission analysis of S.
B. 279 relating to the continuation and functions of the Texas Department
of Licensing and Regulation. 


DIGEST AND PURPOSE 

The Texas Department of Licensing and Regulation (TDLR) was created in
1989 when the Legislature renamed the Bureau of Labor Statistics and
established TDLR as an umbrella licensing agency for non-health related
professions.  TDLR regulates 20 different professions through examination,
licensing, inspection, and enforcement.  TDLR 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 TDLR, the Sunset Advisory
Commission recommended continuation of the agency and several statutory
modifications.  As proposed, S.B. 279 continues TDLR until September 1,
2015.  S.B. 279 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 transfer
of certain functions from the Texas Department of Insurance and the Texas
Commission on Environmental Quality to TDLR, and the transfer certain
functions from TDLR to the Department of Public Safety.  The bill
incorporates several standard across-the-board recommendations of the
Sunset Advisory Commission and clarifies that all 11 advisory committees
of TDLR exist to advise the Texas Commission on Licensing and Regulation
(commission). 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Commission on Licensing
and Regulation in SECTION 1.017 (Section 51.302(c), Occupations Code),
SECTION 1.019 (Section 51.403, Occupations Code), SECTION 3.004, (Section
2151.1021(a), Occupations Code), SECTION 12.007 (Section 754.016, Health
and Safety Code), SECTION 17.007 (Subchapter C, Chapter 1304, Section
1304.105, Occupations Code), SECTION 25.014 (Subchapter F, Chapter 1901,
Section 1901.257, Occupations Code), and SECTION 28.004 (Subtitle F, Title
2, Section 38.052, Water Code).  In addition, under the general rulemaking
authority already granted to the Commission, rules may be developed to
implement other new provisions found in this bill. 
  

Rulemaking authority is expressly granted to the Commission on
Environmental Quality in SECTION 25.014 (Subchapter F, Chapter 1901,
Section 1901.257, Occupations Code) 
Modifies rulemaking authority to transfer from the executive director of
the Department of Licensing and Regulation to the Commission on Licensing
and Regulation in SECTION 1.014 (Section 51.203 and 51.204, Occupations
Code), and SECTION 1.020 (Section 51.406, Occupations Code). 

Modifies rulemaking authority to transfer from the commissioner of the
Department of Licensing and Regulation to the Commission on 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 3.007 (Section
2151.105(a), Occupations Code), SECTION 3.008 (Section 2151.151,
Occupations Code), SECTION 3.012 (Section 2151.153(a), Occupations Code),
SECTION 4.003 (Section 5A(d), Section 5A(h), and Section 5A(j), Article
9102, Revised Statutes), SECTION 5.002 (Section 1802.059(d), Occupations
Code),  SECTION 5.013 (Section 1802.207, Occupations Code), SECTION 5.019
(Section 1802.303(a), Occupations Code), SECTION 7.006 (Section 755.017,
Health and Safety Code), SECTION 7.007 (Section 755.030(a), Health and
Safety Code), SECTION 7.008 (Section 755.032, Health and Safety Code),
SECTION 7.009 (Section 755.033, Health and Safety Code), SECTION 8.002
(Section 2502.056, Occupations Code), SECTION 9.004 (Section 2052.052,
Occupations Code), SECTION 9.007 (Section 2052.251, Occupations Code),
SECTION 10.002 (Section 57.042(g), Government Code), SECTION 10.003
(Section 57.043(b), Government Code), SECTION 12.006 (Section 754.015,
Health and Safety Code), SECTION 12.008 (Section 754.017(b), Health and
Safety Code), SECTION 12.009 (Section 754.019(a), Health and Safety Code),
SECTION 13.002 (Section 1202.101,Occupations Code), SECTION  13.003
(Section 1202.102, Occupations Code), SECTION 13.005 (Section 1202.202(a),
Occupations Code), SECTION 13.006 (Section 1202.204, Occupations Code),
SECTION 13.007 (Section 1202.205, Occupations Code), SECTION 13.008
(Section 1202.252(a), Occupations Code), SECTION 13.009 (Section
1202.301(b), Occupations Code), SECTION 13.010 (Section 1202.302,
Occupations Code), SECTION 13.011 (Section 1202.351(b), Occupations Code),
SECTION 16.003 (Section 1152.051, Occupations Code), SECTION 16.009
(Section 1152.160, Occupations Code), SECTION 16.013 (Section 1152.203,
Occupations Code), SECTION 16.014 (Section 1152.204, Occupations Code),
SECTION 16.016 (Section 1152.251, Occupations Code), SECTION 17.003
(Section 1304.052(a), Occupations Code), SECTION 17.008(Section
1304.151(a), Occupations Code), SECTION 18.002 (Section 91.002(a) and (b),
Labor Code), SECTION 18.007 (Section 91.019(a), Labor Code), SECTION
18.009 (Section 91.041(c), Labor Code), SECTION 23.003 (Section 4, Article
9035, Revised Statutes), SECTION 23.004 (Section 5(a), Article 9035,
Revised Statutes), SECTION 23.005 (Section 6(d), Article 9035, Revised
Statutes), SECTION 23.006 (Section 10(e), Article 9035, Revised Statutes),
SECTION 25.002 (Section 1901.052, Occupations Code), SECTION 25.005
(Section 1901.109(a), Occupations Code), SECTION 25.007 (Section 1901.162,
Occupations Code), SECTION 25.008 (Section 1901.251(a), Occupations Code),
SECTION 25.009 (Section 1901.252(b), Occupations Code), SECTION 26.003
(Section 1902.052, Occupations Code), SECTION 26.005 (Section 1902.162,
Occupations Code), SECTION 27.003 (Section 1.11, Chapter 376, Acts of the
77th Legislature, Regular Session, 2001 (Article 165c, V.T.C.S)). 

Modifies rulemaking authority to transfer from the Texas Department of
Licensing and Regulation to the Texas Commission on Licensing and
Regulation in SECTION 19.002 (Section 2105.002, Occupations Code), SECTION
19.005 (Section 2105.104, Occupations Code), SECTION 19.006 (Section
2105.105(b), Occupations Code), SECTION 27.008 (Section 1.32, Chapter 376,
Acts of the 77th Legislature, Regular Session, 2001 (Article 165c,
V.T.C.S)), SECTION 27.009 (Section 1.41(v), Chapter 376, Acts of the 77th
Legislature, Regular Session, 2001 (Article 165c, V.T.C.S.)), SECTION
27.010 (Section 1.64, Chapter 376, Acts of the 77th Legislature, Regular
Session, 2001 (Article 165c, V.T.C.S.)),  and SECTION 27.011 (Section
1.65, Chapter 376, Acts of the 77th Legislature, Regular Session, 2001
(Article 165c, V.T.C.S)).  
   

SECTION BY SECTION ANALYSIS

ARTICLE 1.  TEXAS DEPARTMENT OF LICENSING AND REGULATION 

SECTION 1.001.  Amends Section 51.002, Occupations Code, to continue the
Texas Department of Licensing and Regulation (TDLR) and the Texas
Commission of Licensing and Regulation (commission) until September 1,
2015. 

SECTION 1.002.  Provides that this chapter applies to each regulatory
program administered by TDLR, including any program under which a license
is issued by TDLR.  

SECTION 1.003.  Amends  Section 51.052(a), Occupations Code to change the
size of the Commission on Licensing and Regulation from six to five
members. 

SECTION 1.004 - SECTION 1.025.  Adds and updates standard Sunset language
regarding the  continuation of TDLR, transfers rulemaking authority for
all programs from the executive director of TDLR to the commission.
Requires TDLR to create a toll-free licensing hotline, and maintain a
licensing information database for consumers to access information about
any license issued by a state licensing entity.  Requires TDLR to charge
any state licensing entities fees to sufficiently cover the cost of the
creation of the database and toll-free hotline.  Requires TDLR 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.  Makes conforming
changes. 

SECTION 1.026.  Repealer:  Section 51.053(c), Occupations Code.

ARTICLE 2.  AIR CONDITIONING AND REFRIGERATION CONTRACTORS

SECTION 2.001- SECTION 2.013.  Authorizes the presiding officer of the
commission to appoint all members of the advisory committee and to appoint
a presiding officer for the committee to serve for two years.  Clarifies
that all TDLR advisory committees exist to advise the commission.  Makes
conforming changes. 

ARTICLE 3.  AMUSEMENT RIDES

SECTION 3.001- SECTION 3.013.  Transfers the current oversight of mobile
amusement park rides from the Texas Department of Insurance to TDLR.
Requires TDLR to develop rules requiring mobile amusement park ride
operators to inspect their rides and file reports with TDLR.  Requires
TDLR to develop forms which operators must use to report to TDLR quarterly
regarding any governmental action taken.  Makes conforming changes. 

ARTICLE 4.  ARCHITECTURAL BARRIERS

SECTION 4.001 - SECTION 4.006.  Authorizes the presiding officer of the
commission to appoint all members of the advisory committee and to appoint
a presiding officer for the committee to serve for two years.  Clarifies
that all TDLR advisory committees exist to advise the commission.  Makes
conforming changes. 

ARTICLE 5.  AUCTIONEERS

SECTION 5.001 - SECTION 5.021.  Authorizes the presiding officer of the
commission to appoint all members of the advisory committee and to appoint
a presiding officer for the committee to serve for two years.  Clarifies
that all TDLR advisory committees exist to advise the commission.  Makes
conforming changes. 


ARTICLE 6.  BACKFLOW PREVENTION ASSEMBLY TESTERS

SECTION 6.001 and SECTION 6.002.  Transfers the administration of the
Backflow Prevention Assembly Testers programs from the Texas Commission on
Environmental Quality (TCEQ) to TDLR.  Authorizes TDLR to adopt rules, and
to establish license and examination requirements. 

ARTICLE 7.  BOILERS

SECTION 7.001 - SECTION 7.015.  Authorizes the presiding officer of the
commission to appoint all members of the advisory committee and to appoint
a presiding officer for the committee to serve for two years.  Clarifies
that all TDLR advisory committees exist to advise the commission.  Makes
conforming changes. 

ARTICLE 8.  CAREER COUNSELING SERVICES

SECTION 8.001 - SECTION 8.008.  Makes conforming changes.

 ARTICLE 9.  COMBATIVE SPORTS

SECTION 9.001 - SECTION 9.008.  Makes conforming changes.

ARTICLE 10.  COURT INTERPRETERS

SECTION 10.001 - SECTION 10.006.  Authorizes the presiding officer of the
commission to appoint all members of the advisory committee and to appoint
a presiding officer for the committee to serve for two years.  Clarifies
that all TDLR advisory committees exist to advise the commission.  Makes
conforming changes. 

ARTICLE 11.  CUSTOMER SERVICE INSPECTORS

SECTION 11.001 and SECTION 11.002. Transfers the administration of the
Customer Service Inspectors program from TCEQ to TDLR.  Authorizes TDLR to
adopt rules, and to establish license and examination requirements. 

ARTICLE 12.  ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT

SECTION 12.001 - SECTION 12.015.  Requires that elevator certificates of
compliance issued by TDLR be posted in a publicly visible  area within a
building.  Gives the commission rulemaking authority to specify what
information is required on a certificate of compliance, and to determine
what a publicly visible place within a building is.  Repeals the provision
that prohibits certificates of compliance from being publicly posted.
Makes conforming changes. 

ARTICLE 13.  INDUSTRIALIZED HOUSING AND BUILDINGS

SECTION 13.001 - SECTION 13.012.  Makes conforming changes.

ARTICLE 14.  IRRIGATORS

SECTION 14.001 - SECTION 14.005.  Transfers the administration of the
Landscape Irrigators program from TCEQ to TDLR.  Authorizes TDLR to adopt
rules, and to establish license and examination requirements.  Makes
conforming changes.  

ARTICLE 15.  PERSONNEL EMPLOYMENT SERVICES

SECTION 15.001 - SECTION 15.006.  Makes conforming changes.

ARTICLE 16.  PROPERTY TAX CONSULTANTS

SECTION 16.001 - SECTION 16.019.  Authorizes the presiding officer of the
commission to appoint all members of the advisory committee and to appoint
a presiding officer for the committee to serve for two years.  Clarifies
that all TDLR advisory committees exist to advise the commission.  Makes
conforming changes. 

ARTICLE 17.  SERVICE CONTRACT PROVIDERS

SECTION 17.001 - SECTION 17.011.  Authorizes the presiding officer of the
commission to appoint all members of the advisory committee and to appoint
a presiding officer for the committee to serve for two years.  Clarifies
that all TDLR advisory committees exist to advise the commission.  Repeals
non-standard administrative penalty amounts in the service contract
providers programs.  Makes conforming changes. 

ARTICLE 18.  STAFF LEASING SERVICES 

SECTION 18.001 - SECTION 18.011.  Repeals non-standard administrative
penalty amounts. Makes conforming changes. 

 ARTICLE 19.  TALENT AGENCIES

SECTION 19.001 - SECTION 19.007.  Makes conforming changes.

ARTICLE 20.  TEMPORARY COMMON WORKER EMPLOYERS

SECTION 20.001 - SECTION 20.004.  Makes conforming changes.

ARTICLE 21.  TRANSPORTATION SERVICE PROVIDERS

SECTION 21.001 - 21.007.  Abolishes the registration of transportation
service providers at TDLR and transfers the authority to audit transaction
records of transportation service providers to the Department of Public
Safety.  Makes conforming changes. 

ARTICLE 22.  UNDERGROUND STORAGE TANK OPERATORS

SECTION 22.001- 22.004.  Transfers the administration of the Underground
Storage Tank Operators program from TCEQ to TDLR.  Authorizes TDLR to
adopt rules, and to establish license and examination requirements.  

ARTICLE 23.  VEHICLE PROTECTION PRODUCT WARRANTORS

SECTION 23.001 - SECTION 23.009.  Authorizes the presiding officer of the
commission to appoint all members of the advisory committee and to appoint
a presiding officer of each committee to serve for two years.  Clarifies
that all TDLR advisory committees exist to advise the commission.  Repeals
non-standard administrative penalty amounts. Makes conforming changes. 

ARTICLE 24.  WATER TREATMENT SPECIALISTS

SECTION 24.001- SECTION 24.007.  Transfers the administration of the Water
Treatment Specialists programs from TCEQ to TDLR.  Authorizes TDLR to
adopt rules, and to establish license and examination requirements.  Makes
conforming changes.  

ARTICLE 25.  WATER WELL DRILLERS

SECTION 25.001 - SECTION 25.018.  Authorizes the presiding officer of the
commission to appoint all members of the advisory committee and to appoint
a presiding officer for the committee to serve for two years.  Clarifies
that all TDLR advisory committees of TDLR exist to advise the commission.
Transfers the enforcement of plugging abandoned water wells to local
Groundwater Conservation Districts, where they exist.  Maintains TDLR's
authority to enforce against landowners with unplugged water wells in
areas of the state that Groundwater Conservation Districts do not exist,
and TDLR's authority to establish plugging standards. Requires water well
drillers, pump installers, and well owners to file plugging reports with
Groundwater Conservation Districts, if they exist, and with TDLR.
Requires TCEQ, TDLR, and Groundwater Conservation Districts to enter into
memorandums of understanding to coordinate well plugging enforcement
activities.  Repeals non-standard administrative penalty amounts and makes
conforming changes.  Eliminates the involvement of the Water Well Drillers
Advisory Council in making recommendations to the commission on evaluative
licensure and enforcement actions in the water well drillers program.   

ARTICLE 26.  WATER WELL PUMP INSTALLERS

SECTION 26.001- SECTION 26.008.  Eliminates the involvement of the Water
Well Drillers Advisory Council in making recommendations to the commission
on evaluative licensure and enforcement actions in the water well pump
installers program.  Repeals non-standard administrative penalty amounts
and makes conforming changes. 

ARTICLE 27.  WEATHER MODIFICATION
 
SECTION 27.001 - SECTION 27.013.  Authorizes the presiding officer of the
commission to appoint all members of the advisory committee and to appoint
a presiding officer for the committee to serve for two years.  Clarifies
that all TDLR advisory committees exist to advise the commission.  Makes
conforming changes. 

ARTICLE 28.   CONFORMING AMENDMENTS RELATED TO CERTAIN PROGRAMS
TRANSFERRED FROM THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY 

SECTION 28.001- SECTION 28.004.  Gives TDLR authority to issue and pass
rules regarding the administration of the Backflow Prevention Assembly
Testers, Customer Service Inspectors, Underground Storage Tank Operators,
Landscape Irrigators, and Water Treatment Specialists programs transferred
from TCEQ to TDLR. 

ARTICLE 29.  GENERAL CONFORMING AMENDMENTS

SECTION 29.001 - SECTION 29.092.  Makes conforming changes changing the
term "commissioner" to "executive director." 

ARTICLE 30.  GENERAL TRANSITION;  EFFECTIVE DATE

SECTION 30.001 - SECTION 30.002.  Effective date:  September 1, 2003.
Provides that the status of any complaint, investigation, or other
proceeding initiated by the executive director of TDLR before the
effective date of this Act is not affected by the transfer of certain
powers and duties to TDLR.  Provides that rules adopted by the executive
director of TDLR remain in effect until amended or changed.