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BILL ANALYSIS

 

 

Senate Research Center

H.B. 3287

82R20078 SLB-F

By: Giddings (Carona)

 

Business & Commerce

 

4/29/2011

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The Texas Department of Licensing and Regulation (TDLR) administers 29 statutes, with 142 license types, and over 620,000 licenses.  Their license types include cosmetology, towing, combative sports, and electrician programs.  TDLR handles license renewals.  Under current law, a licensee who does not renew the licensee's license within one year of expiration must retake the licensing examination.  This unnecessarily burdens licensees who may have for one reason or another missed a license renewal, for taking time off to start a family, for example.

 

H.B. 3287 provides a more common sense path for those who may renew their licenses late.  In order to renew a license, under H.B. 3287, any continuing education requirements and late fees would still apply, but a licensee would not have to re-take the examination to renew a license, if the license has lapsed 18 months or less.  The bill allows a person whose license has expired for at least 18 months, but less than three years, to obtain approval from the executive director to renew the license without re-taking the examination.

 

H.B. 3287 amends current law relating to license renewals by the Texas Department of Licensing and Regulation.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Sections 51.401(c) and  (d), Occupations Code, as follows:

 

(c)  Authorizes a person whose license has been expired for more than 90 days but less than 18 months, rather than less than one year, to renew the license by paying to the Texas Department of Licensing and Regulation (TDLR) a renewal fee that is equal to two times the normally required renewal fee.  Authorizes a person whose license has been expired for at least 18 months but less than three years, on approval by the executive director, to renew the license by paying to TDLR a renewal fee equal to two times the normally required renewal fee.

 

(d)  Prohibits a person whose license has been expired for 18 months or more, except as provided by Subsection (c), from renewing the license.  Authorizes the person to obtain a new license by complying with the requirements and procedures, including the examination requirements, for obtaining an original license.  Makes a conforming and  a nonsubstantive change.

 

SECTION 2.  Makes application of this Act prospective.

 

SECTION 3.  Effective date:  September 1, 2011.