BILL ANALYSIS

C.S.H.B. 3290

By: Harper-Brown

Licensing & Administrative Procedures

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Observers note that certain laws governing personnel services were created more than 30 years ago when there was widespread use of such services to secure employment. However, the observers assert that few job seekers currently use personnel services when looking for a position because of the popularity of Internet job sites and the use of headhunter services and that, as a result, there are few certified personnel services in Texas. C.S.H.B. 3290 seeks to respond to the decreased need for such services by making statutory changes relating to the repeal of the certification process for personnel service owners and the regulation of personnel services.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 3290 repeals Subchapter B, Chapter 2501, Occupations Code, relating to a certificate of authority for the operation of personnel services in Texas, and amends the Occupations Code to make a conforming change.

C.S.H.B. 3290 repeals the following provisions of the Occupations Code to make additional conforming changes:

· Sections 2501.001(2), (3-a), and (4-a)

· Section 2501.201(c)

· Section 2501.253

· Subchapter D, Chapter 2501

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2011.

COMPARISON OF ORIGINAL AND SUBSTITUTE

C.S.H.B. 3290 differs from the original by making the changes in law under its provisions applicable only to liability for relief in an action under statutory provisions governing civil liability for damages, whereas the original makes its changes applicable only to an action alleging a violation of those statutory provisions.