Amend CSHB 2564 as follows:
(1) On page 1, between lines 3 and 4, insert the following:
ARTICLE 1. COMPUTER DATA ANALYSIS
(2) On page 1, line 4, strike "SECTION 1." and substitute
"SECTION 1.001.".
(3) On page 3, line 4, strike "SECTION 2." and substitute
"SECTION 1.002.".
(4) On page 4, between lines 3 and 4, insert the following:
ARTICLE 2. LICENSING OF CERTAIN COMPUTER DATA ANALYSTS
SECTION 2.001. The Occupations Code is amended by adding
Title 16 to read as follows:
TITLE 16. OCCUPATIONS RELATED TO COMPUTER TECHNOLOGY
CHAPTER 2601. COMPUTER DATA ANALYSIS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 2601.001. DEFINITIONS. (a) In this chapter:
(1) "Commission" means the Texas Commission of
Licensing and Regulation.
(2) "Department" means the Texas Department of
Licensing and Regulation.
(b) In this chapter, the terms "computer data recovery
specialist" and "computer forensic analyst" have the meanings
assigned by Chapter 107, Business & Commerce Code.
Sec. 2601.002. RULEMAKING. The commission shall adopt
rules as necessary to implement this chapter.
Sec. 2601.003. FEES. (a) The commission shall adopt
license application fees, license renewal fees, and other fees as
necessary to cover the costs of administering this chapter.
(b) The commission shall set fees under this chapter in
amounts reasonable and necessary to cover the costs to implement
this chapter.
[Sections 2601.004-2601.050 reserved for expansion]
SUBCHAPTER B. LICENSE
Sec. 2601.051. LICENSE REQUIRED. A person may not operate
or engage in business as a computer data recovery specialist or
computer forensic analyst in this state unless the person holds a
license issued under this chapter.
Sec. 2601.052. LICENSE APPLICATION. To obtain a license
under this chapter, a license applicant must file an application
with the department, on a form prescribed by the commission,
accompanied by the license application fee.
Sec. 2601.053. CRIMINAL BACKGROUND CHECKS. (a) On receipt
of an application for a license under this chapter, the department
shall conduct a criminal background check on the applicant.
(b) An applicant is not eligible for a license under this
chapter if the applicant, in the five years preceding the date of
the application, has been finally convicted of a misdemeanor
involving moral turpitude or a felony.
Sec. 2601.054. SECURITY REQUIRED. (a) The department may
not issue a license to an applicant unless the applicant files a
surety bond, or posts other security as prescribed by the
commission, in the amount prescribed by the commission under
Subsection (b).
(b) The commission shall prescribe the amount of security
required for an applicant in the amount determined sufficient by
the commission to protect any party who suffers damages caused by
the failure of the applicant or license holder to fulfill
obligations related to the performance of activities described by
Chapter 107, Business & Commerce Code. The amount may not be less
than $20,000 or more than $50,000.
(c) If a surety bond is filed under Subsection (a), the bond
must:
(1) remain in effect until canceled by the surety
company;
(2) be issued by a company authorized to do business in
this state; and
(3) conform to the requirements of the Insurance Code.
Sec. 2601.055. ISSUANCE OF LICENSE; RENEWAL. (a) The
department shall issue a license under this chapter to an applicant
who complies with the license application requirements and pays the
required fees.
(b) A license issued under this section is valid for one
year from the date of issuance or for another period set by the
commission by rule. A license holder may renew the license as
provided by rules adopted by the commission.
[Sections 2601.056-2601.100 reserved for expansion]
SUBCHAPTER C. ENFORCEMENT
Sec. 2601.101. ENFORCEMENT. The department shall enforce
this chapter and may investigate a license holder as necessary to
enforce this chapter.
Sec. 2601.102. SANCTIONS. If, after a hearing described by
Section 51.354, the commission or executive director of the
department determines that a license holder has violated this
chapter or a rule or order adopted under this chapter, the
commission or executive director may, as appropriate, impose a
sanction authorized by Section 51.353 or an administrative penalty
under Subchapter F, Chapter 51.
SECTION 2.002. The Texas Commission of Licensing and
Regulation shall adopt rules as required by Chapter 2601,
Occupations Code, as added by this Act, not later than December 1,
2009.
SECTION 2.003. A person is not required to hold a license
under Chapter 2601, Occupations Code, as added by this Act, to
operate or engage in business as a computer data recovery
specialist or computer forensic analyst in this state until March
1, 2010.
SECTION 2.004. (a) Except as provided by Subsection (b) of
this section, this article takes effect September 1, 2009.
(b) Sections 2601.051 and 2601.101, Occupations Code, as
added by this article, take effect March 1, 2010.
(5) On page 4, strike line 4 and substitute the following:
ARTICLE 3. EFFECTIVE DATE
SECTION 3.001. Except as otherwise provided by this Act,
this Act takes effect September 1, 2009.