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78R6582 MXM-D
By: Ellis S.B. No. 1354
A BILL TO BE ENTITLED
AN ACT
relating to abolishing the State Board of Barber Examiners, the
Texas Cosmetology Commission, and the Texas Board of Professional
Land Surveying, and transferring the functions of those agencies to
the Texas Department of Licensing and Regulation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1071.002, Occupations Code, is amended
by adding Subdivision (3-a) to read as follows:
(3-a) "Department" means the Texas Department of
Licensing and Regulation.
SECTION 2. Subchapter A, Chapter 1071, Occupations Code, is
amended by adding Section 1071.005 to read as follows:
Sec. 1071.005. TEXAS DEPARTMENT OF LICENSING AND
REGULATION. (a) The department shall administer this chapter. If
in administering this chapter there is a conflict between a
provision of this chapter and a provision of Chapter 51, the
provision of Chapter 51 controls.
(b) A reference in this chapter or other law to the board
means the department.
SECTION 3. Section 1601.001, Occupations Code, is amended
by adding Subdivision (4-a) to read as follows:
(4-a) "Department" means the Texas Department of
Licensing and Regulation.
SECTION 4. Subchapter A, Chapter 1601, Occupations Code, is
amended by adding Section 1601.005 to read as follows:
Sec. 1601.005. TEXAS DEPARTMENT OF LICENSING AND
REGULATION. (a) The department shall administer this chapter. If
in administering this chapter there is a conflict between a
provision of this chapter and a provision of Chapter 51, the
provision of Chapter 51 controls.
(b) A reference in this chapter or other law to the board
means the department.
SECTION 5. Section 1602.001, Occupations Code, is amended
by adding Subdivision (1-a) to read as follows:
(1-a) "Department" means the Texas Department of
Licensing and Regulation.
SECTION 6. Subchapter A, Chapter 1602, Occupations Code, is
amended by adding Section 1602.005 to read as follows:
Sec. 1602.005. TEXAS DEPARTMENT OF LICENSING AND
REGULATION. (a) The department shall administer this chapter. If
in administering this chapter there is a conflict between a
provision of this chapter and a provision of Chapter 51, the
provision of Chapter 51 controls.
(b) A reference in this chapter or other law to the
commission means the department.
SECTION 7. On November 1, 2003, the following laws are
repealed:
(1) Section 1071.003, Occupations Code;
(2) Subchapters B, C, and E, Chapter 1071, Occupations
Code;
(3) Section 1601.004, Occupations Code;
(4) Subchapters B, C, and E, Chapter 1601, Occupations
Code;
(5) Section 1602.004, Occupations Code; and
(6) Subchapters B, C, and E, Chapter 1602, Occupations
Code.
SECTION 8. (a) On November 1, 2003:
(1) all functions and activities relating to Chapter
1071, Occupations Code, performed by the Texas Board of
Professional Land Surveying immediately before that date are
transferred to the Texas Department of Licensing and Regulation;
(2) a rule or form adopted by the Texas Board of
Professional Land Surveying that relates to Chapter 1071,
Occupations Code, is a rule or form of the Texas Department of
Licensing and Regulation and remains in effect until amended or
replaced by that department;
(3) a reference in law or an administrative rule to the
Texas Board of Professional Land Surveying that relates to Chapter
1071, Occupations Code, means the Texas Department of Licensing and
Regulation;
(4) a complaint, investigation, or other proceeding
before the Texas Board of Professional Land Surveying that is
related to Chapter 1071, Occupations Code, is transferred without
change in status to the Texas Department of Licensing and
Regulation, and the Texas Department of Licensing and Regulation
assumes, as appropriate and without a change in status, the
position of the Texas Board of Professional Land Surveying in an
action or proceeding to which the Texas Board of Professional Land
Surveying is a party;
(5) all money, contracts, leases, property, and
obligations of the Texas Board of Professional Land Surveying
related to Chapter 1071, Occupations Code, are transferred to the
Texas Department of Licensing and Regulation;
(6) all property in the custody of the Texas Board of
Professional Land Surveying related to Chapter 1071, Occupations
Code, is transferred to the Texas Department of Licensing and
Regulation; and
(7) the unexpended and unobligated balance of any
money appropriated by the legislature for the Texas Board of
Professional Land Surveying related to Chapter 1071, Occupations
Code, is transferred to the Texas Department of Licensing and
Regulation.
(b) Before November 1, 2003, the Texas Board of Professional
Land Surveying may agree with the Texas Department of Licensing and
Regulation to transfer any property of the Texas Board of
Professional Land Surveying to the Texas Department of Licensing
and Regulation to implement the transfer required by this Act.
(c) In the period beginning on the effective date of this
Act and ending on November 1, 2003, the Texas Board of Professional
Land Surveying shall continue to perform functions and activities
under Chapter 1071, Occupations Code, as if that chapter had not
been amended by this Act, and the former law is continued in effect
for that purpose.
SECTION 9. (a) On November 1, 2003:
(1) all functions and activities relating to Chapter
1601, Occupations Code, performed by the State Board of Barber
Examiners immediately before that date are transferred to the Texas
Department of Licensing and Regulation;
(2) a rule or form adopted by the State Board of Barber
Examiners that relates to Chapter 1601, Occupations Code, is a rule
or form of the Texas Department of Licensing and Regulation and
remains in effect until amended or replaced by that department;
(3) a reference in law or an administrative rule to the
State Board of Barber Examiners that relates to Chapter 1601,
Occupations Code, means the Texas Department of Licensing and
Regulation;
(4) a complaint, investigation, or other proceeding
before the State Board of Barber Examiners that is related to
Chapter 1601, Occupations Code, is transferred without change in
status to the Texas Department of Licensing and Regulation, and the
Texas Department of Licensing and Regulation assumes, as
appropriate and without a change in status, the position of the
State Board of Barber Examiners in an action or proceeding to which
the State Board of Barber Examiners is a party;
(5) all money, contracts, leases, property, and
obligations of the State Board of Barber Examiners related to
Chapter 1601, Occupations Code, are transferred to the Texas
Department of Licensing and Regulation;
(6) all property in the custody of the State Board of
Barber Examiners related to Chapter 1601, Occupations Code, is
transferred to the Texas Department of Licensing and Regulation;
and
(7) the unexpended and unobligated balance of any
money appropriated by the legislature for the State Board of Barber
Examiners related to Chapter 1601, Occupations Code, is transferred
to the Texas Department of Licensing and Regulation.
(b) Before November 1, 2003, the State Board of Barber
Examiners may agree with the Texas Department of Licensing and
Regulation to transfer any property of the State Board of Barber
Examiners to the Texas Department of Licensing and Regulation to
implement the transfer required by this Act.
(c) In the period beginning on the effective date of this
Act and ending on November 1, 2003, the State Board of Barber
Examiners shall continue to perform functions and activities under
Chapter 1601, Occupations Code, as if that chapter had not been
amended by this Act, and the former law is continued in effect for
that purpose.
SECTION 10. (a) On November 1, 2003:
(1) all functions and activities relating to Chapter
1602, Occupations Code, performed by the Texas Cosmetology
Commission immediately before that date are transferred to the
Texas Department of Licensing and Regulation;
(2) a rule or form adopted by the Texas Cosmetology
Commission that relates to Chapter 1602, Occupations Code, is a
rule or form of the Texas Department of Licensing and Regulation and
remains in effect until amended or replaced by that department;
(3) a reference in law or an administrative rule to the
Texas Cosmetology Commission that relates to Chapter 1602,
Occupations Code, means the Texas Department of Licensing and
Regulation;
(4) a complaint, investigation, or other proceeding
before the Texas Cosmetology Commission that is related to Chapter
1602, Occupations Code, is transferred without change in status to
the Texas Department of Licensing and Regulation, and the Texas
Department of Licensing and Regulation assumes, as appropriate and
without a change in status, the position of the Texas Cosmetology
Commission in an action or proceeding to which the Texas
Cosmetology Commission is a party;
(5) all money, contracts, leases, property, and
obligations of the Texas Cosmetology Commission related to Chapter
1602, Occupations Code, are transferred to the Texas Department of
Licensing and Regulation;
(6) all property in the custody of the Texas
Cosmetology Commission related to Chapter 1602, Occupations Code,
is transferred to the Texas Department of Licensing and Regulation;
and
(7) the unexpended and unobligated balance of any
money appropriated by the legislature for the Texas Cosmetology
Commission related to Chapter 1602, Occupations Code, is
transferred to the Texas Department of Licensing and Regulation.
(b) Before November 1, 2003, the Texas Cosmetology
Commission may agree with the Texas Department of Licensing and
Regulation to transfer any property of the Texas Cosmetology
Commission to the Texas Department of Licensing and Regulation to
implement the transfer required by this Act.
(c) In the period beginning on the effective date of this
Act and ending on November 1, 2003, the Texas Cosmetology
Commission shall continue to perform functions and activities under
Chapter 1602, Occupations Code, as if that chapter had not been
amended by this Act, and the former law is continued in effect for
that purpose.
SECTION 11. This Act takes effect June 1, 2003, if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2003.