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A BILL TO BE ENTITLED
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AN ACT
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relating to inclusion by individuals regulated by this state of the |
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individual's license or certificate of registration number on |
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certain documents; providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 2, Occupations Code, is amended by adding |
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Chapter 60 to read as follows: |
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CHAPTER 60. GENERAL LICENSING AND REGISTRATION REQUIREMENTS |
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Sec. 60.001. INCLUSION OF NUMBER REQUIRED. An individual |
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who is required under the laws of this state to obtain a license or |
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certificate of registration issued by a state regulatory agency to |
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practice the individual's occupation shall prominently display the |
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individual's license or certificate number on any document, |
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advertisement, business card, or logo provided to the public. |
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Sec. 60.002. RULES. A state agency that regulates an |
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individual subject to Section 60.001 may adopt the rules necessary |
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to implement that section. |
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Sec. 60.003. CIVIL PENALTY. (a) An individual is liable to |
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this state for a civil penalty of not more than $1,000 for each |
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violation if the individual: |
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(1) violates Section 60.001 or a rule adopted by a |
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state regulatory agency to enforce that section; |
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(2) represents that an expired license or certificate |
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of registration is valid; or |
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(3) displays a counterfeit license or certificate of |
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registration or uses a counterfeit license or certificate number in |
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any document provided to the public. |
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(b) The amount of the penalty shall be based on: |
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(1) the seriousness of the violation; |
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(2) the history of previous violations; |
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(3) the amount necessary to deter a future violation; |
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and |
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(4) any other matter that justice may require. |
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(c) The attorney general may sue to collect a civil penalty |
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under this section. In the suit the attorney general may recover, |
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on behalf of the state, the reasonable expenses incurred in |
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obtaining the penalty, including investigation and court costs, |
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reasonable attorney's fees, witness fees, and other expenses. |
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SECTION 2. Not later than December 1, 2009, a state |
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regulatory agency or the governing body of a state regulatory |
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agency, as appropriate, shall adopt the rules necessary to |
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implement Chapter 60, Occupations Code, as added by this Act. |
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SECTION 3. Notwithstanding Chapter 60, Occupations Code, as |
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added by this Act, an individual is not required to include the |
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individual's license or certificate number on documents provided to |
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the public before January 1, 2010. |
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SECTION 4. This Act takes effect September 1, 2009. |