Senate Research Center
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. TDLR license types include cosmetology, towing, combative sports, and electrician programs. Part of TDLR's function is to inspect the place of business of their licensees to ensure that everything is up to standard. Each is currently required to be inspected every two years. TDLR also handles license renewals. Under current law, a licensee must re-take an examination if the license has been expired for more than one year. This unnecessarily burdens licensees who may have missed a license renewal, for one reason or another—taking time off to start a family, for example.
C.S.S.B. 1509 provides a more common sense path for those who may renew their licenses late. In order to renew a license, under C.S.S.B. 1509, any continuing education requirements and late fees would still apply, but a licensee would not have to re-take the exam to renew if the license has lapsed 18 months. The bill also allows a person whose license has expired for at least 18 months but less than three years to get approval from the executive director to renew their license without re-taking the exam.
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 of TDLR, to renew the license by paying to TDLR a renewal fee equal to two times the normally required fee.
(d) Prohibits a person whose license has been expired for 18 months, rather than one year or more, from renewing the license, except as provided by Section (c). 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 nonsubstantive change.
SECTION 2. Makes application of this Act prospective.
SECTION 3. Effective date: September 1, 2011.