82R13971 T

By: Callegari H.B. No. 3166

A BILL TO BE ENTITLED

AN ACT

relating to the abolition and consolidation of state agencies.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

ARTICLE 1: TRANSFER OF THE FUNCTIONS OF THE TEXAS DEPARTMENT OF

RURAL AFFAIRS TO THE DEPARTMENT OF AGRICULTURE.

SECTION 1.1. The heading to Chapter 487, Government Code, is amended to read as follows:

CHAPTER 487. OFFICE [TEXAS DEPARTMENT] OF RURAL

AFFAIRS IN DEPARTMENT OF AGRICULTURE

SECTION 1.2. Section 487.001, Government Code, is amended to read as follows:

Sec. 487.001. DEFINITIONS. In this chapter:

(1) "Board" means the commissioner [board of the Texas Department of Rural Affairs].

(2) "Commissioner" means the commissioner of agriculture.

(3) "Department" means the office [Texas Department of Rural Affairs].

(4) "Office" means the Office of Rural Affairs established within the Department of Agriculture under Section 12.038, Agriculture Code.

SECTION 1.3. Subchapter A, Chapter 487, Government Code, is amended by adding Section 487.003 to read as follows:

Sec. 487.003. REFERENCE IN LAW. (a) A reference in this chapter or other law to the Texas Department of Rural Affairs means the office and a reference in this chapter or other law to the board of the Texas Department of Rural Affairs means the commissioner.

(b) A reference in law to the executive director of the Texas Department of Rural Affairs means the director of the Office of Rural Affairs appointed under Section 12.038, Agriculture Code.

SECTION 1.4. Section 487.026, Government Code, is amended to read as follows:

Sec. 487.026. [EXECUTIVE] DIRECTOR. (a) The [board may hire an executive] director serves [to serve] as the chief executive officer of the office [department] and performs [to perform] the administrative duties of the office [department].

(b) [The executive director serves at the will of the board.

[(c)] The [executive] director may hire staff within guidelines established by the commissioner [board].

SECTION 1.5. Section 487.051(a), Government Code, is amended to read as follows:

(a) The office [department] shall:

(1) assist rural communities in the key areas of economic development, community development, rural health, and rural housing;

(2) serve as a clearinghouse for information and resources on all state and federal programs affecting rural communities;

(3) in consultation with rural community leaders, locally elected officials, state elected and appointed officials, academic and industry experts, and the interagency work group created under this chapter, identify and prioritize policy issues and concerns affecting rural communities in the state;

(4) make recommendations to the legislature to address the concerns affecting rural communities identified under Subdivision (3);

(5) monitor developments that have a substantial effect on rural Texas communities, especially actions of state government, and compile an annual report describing and evaluating the condition of rural communities;

(6) administer the federal community development block grant nonentitlement program;

(7) administer programs supporting rural health care as provided by this chapter;

(8) perform research to determine the most beneficial and cost-effective ways to improve the welfare of rural communities;

(9) ensure that the office [department] qualifies as the state's office of rural health for the purpose of receiving grants from the Office of Rural Health Policy of the United States Department of Health and Human Services under 42 U.S.C. Section 254r;

(10) manage the state's Medicare rural hospital flexibility program under 42 U.S.C. Section 1395i-4;

(11) seek state and federal money available for economic development in rural areas for programs under this chapter;

(12) in conjunction with other offices and divisions of the Department of Agriculture, regularly cross-train office [department] employees with other employees of the Department of Agriculture regarding the programs administered and services provided [by each agency] to rural communities; and

(13) work with interested persons to assist volunteer fire departments and emergency services districts in rural areas.

SECTION 1.6. Section 487.0541(c), Government Code, is amended to read as follows:

(c) The work group shall meet at the call of the [executive] director of the office [department].

SECTION 1.7. Section 487.055, Government Code, is amended to read as follows:

Sec. 487.055. ADVISORY COMMITTEES. (a) The commissioner [board] may appoint advisory committees as necessary to assist the office [board] in performing its duties. An advisory committee may be composed of private citizens and representatives from state and local governmental entities. A state or local governmental entity shall appoint a representative to an advisory committee at the request of the commissioner [board].

(b) The commissioner shall create a rural advisory committee to advise the commissioner, director, and office on rural policy priorities and administering community development and health programs that impact rural communities. The commissioner shall appoint as members of the committee elected officials and community members with expertise in community development, economic development, and rural health and may appoint as members of the committee individuals with expertise in education or transportation, as determined by the commissioner.

(c) Chapter 2110 does not apply to an advisory committee created under this section.

SECTION 1.8. Section 487.351(d), Government Code, is amended to read as follows:

(d) An applicant for a grant, loan, or award under a community development block grant program may appeal a decision of the [executive] director by filing an appeal with the commissioner [board]. The commissioner [board] shall hold a hearing on the appeal and render a decision.

SECTION 1.9. Section 535.051(b), Government Code, is amended to read as follows:

(b) The chief administrative officer of each of the following state agencies, in consultation with the governor, shall designate one employee from the agency to serve as a liaison for faith- and community-based organizations:

(1) the Office of Rural [Community] Affairs within the Department of Agriculture;

(2) the Texas Commission on Environmental Quality;

(3) the Texas Department of Criminal Justice;

(4) the Texas Department of Housing and Community Affairs;

(5) the Texas Education Agency;

(6) the Texas Juvenile Probation Commission;

(7) the Texas Veterans Commission;

(8) the Texas Workforce Commission;

(9) the Texas Youth Commission; and

(10) other state agencies as determined by the governor.

SECTION 1.10. Section 2306.1092(b), Government Code, is amended to read as follows:

(b) The council is composed of 16 members consisting of:

(1) the director;

(2) one representative from each of the following agencies, appointed by the head of that agency:

(A) the Office of Rural [Community] Affairs within the Department of Agriculture;

(B) the Texas State Affordable Housing Corporation;

(C) the Health and Human Services Commission;

(D) the Department of Assistive and Rehabilitative Services;

(E) the Department of Aging and Disability Services; and

(F) the Department of State Health Services;

(3) one representative from the Department of Agriculture who is:

(A) knowledgeable about the Texans Feeding Texans and Retire in Texas programs or similar programs; and

(B) appointed by the head of that agency;

(4) one member who is:

(A) a member of the Health and Human Services Commission Promoting Independence Advisory Committee; and

(B) appointed by the governor; and

(5) one representative from each of the following interest groups, appointed by the governor:

(A) financial institutions;

(B) multifamily housing developers;

(C) health services entities;

(D) nonprofit organizations that advocate for affordable housing and consumer-directed long-term services and support;

(E) consumers of service-enriched housing;

(F) advocates for minority issues; and

(G) rural communities.

SECTION 1.11. Sections 487.002, 487.021, 487.022, 487.023, 487.024, 487.025, 487.028, 487.029, 487.051(b), 487.058, and 487.352, Government Code, are repealed.

SECTION 1.12. (a) The Texas Department of Rural Affairs is abolished as an independent agency and transferred as a program to the Office of Rural Affairs in the Department of Agriculture. The board of the Texas Department of Rural Affairs is abolished.

(b) The validity of an action taken by the Texas Department of Rural Affairs or its board before either is abolished under Subsection (a) of this section is not affected by the abolishment.

SECTION 1.13. On September 1, 2011:

(1) the position of executive director of the Texas Department of Rural Affairs is abolished, except that the director of the Office of Rural Affairs in the Department of Agriculture may hire the executive director for a position in the office;

(2) an employee of the Texas Department of Rural Affairs becomes an employee of the Office of Rural Affairs in the Department of Agriculture;

(3) a reference in law to the Texas Department of Rural Affairs means the Office of Rural Affairs in the Department of Agriculture;

(4) all money, contracts, leases, rights, and obligations of the Texas Department of Rural Affairs are transferred to the Office of Rural Affairs in the Department of Agriculture;

(5) all property, including records, in the custody of the Texas Department of Rural Affairs becomes the property of the Office of Rural Affairs in the Department of Agriculture; and

(6) all funds appropriated by the legislature to the Texas Department of Rural Affairs are transferred to the Office of Rural Affairs in the Department of Agriculture.

SECTION 1.14. A function or activity performed by the Texas Department of Rural Affairs is transferred to the Office of Rural Affairs in the Department of Agriculture as provided by this Act.

SECTION 1.15. The Texas Department of Rural Affairs and the Department of Agriculture shall establish a transition plan for the transfer described in Sections 12 and 13 of this Act.

ARTICLE 2. TRANSFER OF FUNCTIONS OF THE TEXAS FUNERAL SERVICE

COMMISSION TO THE TEXAS DEPARTMENT OF LICENSING AND REGULATION.

SECTION 2.1. Section 651.001, Occupations Code, is amended by amending Subdivisions (2) and (14) and adding Subdivision (3-a) to read as follows:

(2) "Commission" means the Texas [Funeral Service] Commission of Licensing and Regulation.

(3-a) "Department" means the Texas Department of Licensing and Regulation.

(14) "Provisional license holder" means a person who:

(A) is engaged in learning the practice of funeral directing or embalming under the instruction, direction, and personal supervision of a funeral director or embalmer; and

(B) holds a provisional license issued by the department [commission] under this chapter.

SECTION 2.2. Section 651.003(b), Occupations Code, is amended to read as follows:

(b) The authority of the department and commission under Chapter 154, Finance Code, is limited to:

(1) imposing an administrative penalty;

(2) issuing a reprimand; or

(3) suspending, revoking, or probating a license issued by the department [commission].

SECTION 2.3. Section 651.004, Occupations Code, is amended to read as follows:

Sec. 651.004. REGULATION OF CEMETERY AND CREMATORY SERVICES. (a) The department [commission] shall regulate cemetery and crematory services as provided by this chapter and Chapter 716, Health and Safety Code.

(b) The department [commission] may not regulate cemetery or crematory services that occur after burial or inurnment unless the services relate to the care and treatment of the remains in an urn, casket, or outer enclosure.

SECTION 2.4. The heading to Subchapter D, Chapter 651, Occupations Code, is amended to read as follows:

SUBCHAPTER D. ADMINISTRATION OF CHAPTER [COMMISSION POWERS AND

DUTIES]

SECTION 2.5. Sections 651.151(b) and (c), Occupations Code, are amended to read as follows:

(b) The department [commission] shall examine each applicant for a funeral director's license, embalmer's license, or provisional license and shall issue the appropriate license to a person who meets the licensing requirements.

(c) The commission may appoint a committee [from its members] to consider and make a recommendation on a matter referred to the committee by the commission.

SECTION 2.6. Section 651.152, Occupations Code, is amended to read as follows:

Sec. 651.152. RULES; PROCEDURES; FORMS. The commission shall adopt rules and[,] establish procedures[,] and the department shall prescribe forms necessary to administer and enforce this chapter and Chapters 714 and 715, Health and Safety Code.

SECTION 2.7. Section 651.154, Occupations Code, is amended to read as follows:

Sec. 651.154. FEES FOR PERPETUAL CARE CEMETERY PROHIBITED. [(a) The commission shall set the following fees in amounts reasonable and necessary to administer this chapter:

[(1) the funeral director's and embalmer's application fee, license fee, duplicate license fee, and reciprocal license fee; and

[(2) the cemetery, crematory, or funeral establishment license fee, renewal fee, and late renewal penalty.

[(b) The commission shall set the provisional license fee, examination fee, renewal fee, and late renewal penalty in amounts reasonable and necessary to administer the provisional license program.

[(c)] The department [commission] may not charge a fee to a perpetual care cemetery, including a fee for issuing or renewing a license issued under this chapter.

SECTION 2.8. Section 651.155(a), Occupations Code, is amended to read as follows:

(a) On presentation to the department [commission] of evidence as prescribed by the commission, a license holder or provisional license holder actively engaged in the military service of the United States is exempt from the payment of license fees for the duration of the holder's military service or from the amount of fees and for the time the department [commission] considers advisable.

SECTION 2.9. Section 651.157, Occupations Code, is amended to read as follows:

Sec. 651.157. INSPECTION OF CEMETERY, CREMATORY, OR FUNERAL ESTABLISHMENT. (a) Except as provided by Subsection (b), a licensed cemetery, crematory, or funeral establishment shall be inspected at least once every two years by an agent of the department [commission] or by an agent of the state or a political subdivision authorized by the department [commission] to make inspections on its behalf.

(b) If the department [commission] finds a violation of this chapter or of Chapter 193, 361, 711, 714, 715, or 716, Health and Safety Code, the department [commission] shall inspect the cemetery, crematory, or funeral establishment annually until the department [commission] determines that the establishment is free of violations.

(c) A report of each inspection made under this section shall be filed with the department [commission].

(d) The commission by rule shall establish:

(1) procedures for the inspection of a cemetery, crematory, or funeral establishment required by this section; and

(2) criteria, including consideration of the establishment's inspection and complaint history, regarding when the department [commission] should inspect an establishment based on the risk of a violation at an establishment.

(e) A premises on which funeral directing, interment, cremation, or embalming is practiced shall be open at all times to inspection for any violation of this chapter or of Chapter 193, 361, or 716, Health and Safety Code, by:

(1) an agent of the department [commission];

(2) an authorized agent of the state; or

(3) an authorized agent of the county or municipality in which the premises is located.

(f) Before a department [commission] agent inspects a cemetery, crematory, or funeral establishment, the agent shall review the inspection reports filed with the department [commission] on the establishment. During the inspection, the agent shall determine whether previously identified problems have been corrected and whether a pattern of violations exists. The commission shall consider the information from the inspection reports in determining whether a penalty should be imposed against an establishment.

SECTION 2.10. Section 651.1571(b), Occupations Code, is amended to read as follows:

(b) Except as provided by Section 651.157(b):

(1) a cemetery may not be inspected unless:

(A) an interment has occurred in the cemetery within the two years preceding the inspection; or

(B) the department [commission] has received a complaint about the cemetery; and

(2) the department [commission] shall give lower priority to an inspection of a cemetery than to an inspection of a crematory or funeral establishment.

SECTION 2.11. Section 651.161(a), Occupations Code, is amended to read as follows:

(a) The department [commission] shall file annually with the governor a list of the names of all funeral directors, embalmers, and licensed funeral establishments.

SECTION 2.12. Sections 651.162(b) and (c), Occupations Code, are amended to read as follows:

(b) The commission shall file annually with the governor a written description of the activities of the commission and department under this chapter during the preceding fiscal year.

(c) The department [commission] shall file annually with the governor a report on the department's [commission's] compliance with Sections 651.104 and[,] 651.105[, and 651.204(b)].

SECTION 2.13. Section 651.164, Occupations Code, is amended to read as follows:

Sec. 651.164. LICENSE EXPIRATION. [The commission by rule may adopt a system under which licenses expire on various dates during the year.] For the year in which the license expiration date is changed, the department [commission] shall prorate license fees on a monthly basis so that each license holder pays only that portion of the license fee that is allocable to the number of months during which the license is valid. On renewal of the license on the new expiration date, the total license renewal fee is payable.

SECTION 2.14. Section 651.1655, Occupations Code, is amended to read as follows:

Sec. 651.1655. REINSTATEMENT OF SUSPENDED LICENSE. A person whose license has been suspended may renew the license by paying to the department [commission] a renewal fee that is equal to two times the normally required renewal fee in addition to any penalty assessed by the commission.

SECTION 2.15. Section 651.201, Occupations Code, is amended to read as follows:

Sec. 651.201. PUBLIC INTEREST INFORMATION. (a) The department [commission] shall prepare a brochure with information of public interest:

(1) explaining matters relating to funerals; and

(2) describing:

(A) the functions of the department related to this chapter [commission]; and

(B) the department's [commission's] procedures for filing and resolving a public complaint.

(b) The department [commission] shall:

(1) provide each licensed funeral establishment with the number of brochures the department [commission] considers appropriate; and

(2) make the brochure available to the public and appropriate state agencies.

SECTION 2.16. Section 651.252, Occupations Code, is amended to read as follows:

Sec. 651.252. LICENSE APPLICATION. (a) An applicant for a funeral director's license or an embalmer's license must submit a written license application to the department [commission] and pay the application fee.

(b) The commission may require an applicant to appear before at least one member of the department [commission] for approval of the person's application. The approval is subject to review by the department [entire commission].

(c) The department [commission] shall keep a permanent, alphabetical record of each license application and the action taken on the application. The record must indicate the current status of each application and license issued.

SECTION 2.17. Section 651.253(b), Occupations Code, is amended to read as follows:

(b) An applicant for a funeral director's license or an embalmer's license may not be considered for that license until the applicant:

(1) completes all of the requirements of the provisional license program; and

(2) attains a grade of at least 75 percent on the written examination given by the department [commission].

SECTION 2.18. Section 651.255, Occupations Code, is amended to read as follows:

Sec. 651.255. EXAMINATIONS REQUIRED FOR FUNERAL DIRECTOR'S LICENSE. The department [commission] shall administer or arrange for the administration of:

(1) a written professionally prepared examination on:

(A) the art and technique of funeral directing;

(B) the signs of death;

(C) the manner by which death may be determined;

(D) sanitation and hygiene;

(E) mortuary management and mortuary law;

(F) business and professional ethics; and

(G) other subjects that may be taught in a recognized school or college of mortuary science; and

(2) a written examination developed by the department [commission] or developed for the department [commission] by contract on:

(A) laws applicable to vital statistics pertaining to dead human bodies; and

(B) local and state rules and laws relating to the preparation, transportation, care, and disposition of dead human bodies.

SECTION 2.19. Section 651.256, Occupations Code, is amended to read as follows:

Sec. 651.256. EXAMINATIONS REQUIRED FOR EMBALMER'S LICENSE. The department [commission] shall administer or arrange for the administration of:

(1) a written professionally prepared examination on:

(A) the anatomy of the human body, including:

(i) the cavities of the human body; and

(ii) the arterial and venous system of the human body;

(B) blood and discoloration;

(C) bacteriology and hygiene;

(D) pathology;

(E) chemistry and embalming;

(F) arterial and cavity embalming;

(G) restorative art;

(H) disinfecting;

(I) embalming special cases;

(J) contagious and infectious diseases;

(K) mortuary management;

(L) care, preservation, transportation, and disposition of dead human bodies;

(M) sanitary science; and

(N) other subjects that may be taught in a recognized school or college of mortuary science; and

(2) a written examination developed by the department [commission] or developed for the department [commission] by contract on:

(A) laws applicable to vital statistics pertaining to dead human bodies; and

(B) local and state rules and laws relating to the care and disposition of dead human bodies.

SECTION 2.20. Section 651.257, Occupations Code, is amended to read as follows:

Sec. 651.257. FOREIGN STUDENTS; CERTIFICATE OF MERIT. (a) A citizen of a country other than the United States who has completed a full course of mortuary science at a department-approved [commission-approved] college in this state may take the department [commission] examination in embalming, funeral directing, or both after:

(1) applying to the department [commission]; and

(2) paying the examination fee required of other applicants.

(b) The department [commission] may award the applicant a certificate of merit if the applicant successfully makes the minimum grades required of other applicants. The certificate of merit does not authorize the holder of the certificate to practice embalming or funeral directing in this state unless the holder is otherwise licensed as an embalmer or funeral director under this chapter.

SECTION 2.21. Section 651.258, Occupations Code, is amended to read as follows:

Sec. 651.258. LICENSE ISSUANCE. A [On issuance of a] funeral director's license or an embalmer's license issued under this chapter[, a majority of the commission members shall sign the license. The license] authorizes the license holder to practice embalming, funeral directing, or both.

SECTION 2.22. Section 651.259(e), Occupations Code, is amended to read as follows:

(e) The department [commission] shall conduct a criminal background check on each applicant. An applicant is not eligible for a license under this section if the applicant has, in the 10 years preceding the date of the application, been finally convicted of a misdemeanor involving moral turpitude or a felony.

SECTION 2.23. Sections 651.2595(a), (b), (c), and (d), Occupations Code, are amended to read as follows:

(a) The department [commission] may issue a provisional license to an applicant currently licensed in another jurisdiction who seeks a license in this state and who:

(1) has been licensed in good standing as a funeral director or embalmer for at least two years in another jurisdiction, including a foreign country, that has licensing requirements substantially equivalent to the requirements of this chapter;

(2) has passed a national or other examination recognized by the commission relating to the practice of funeral director or embalmer; and

(3) is sponsored by a person licensed by the department [commission] under this chapter with whom the provisional license holder will practice during the time the person holds a provisional license.

(b) The department [commission] may waive the requirement of Subsection (a)(3) for an applicant if the department [commission] determines that compliance with that subsection would be a hardship to the applicant.

(c) A provisional license is valid until the date the department [commission] approves or denies the provisional license holder's application for a license. The department [commission] shall issue a license under this chapter to the provisional license holder if:

(1) the provisional license holder is eligible to be licensed under Section 651.259; or

(2) the provisional license holder:

(A) passes the part of the examination under Subsection (a) that relates to the applicant's knowledge and understanding of the laws and rules relating to the practice of funeral directing or embalming in this state;

(B) meets the academic and experience requirements for a license under this chapter; and

(C) satisfies any other licensing requirements under this chapter.

(d) The department [commission] shall approve or deny a provisional license holder's application for a license not later than the second anniversary of the date on which the provisional license is issued. The department [commission] may extend the two-year period if the results of an examination have not been received by the department [commission] before the end of that period.

SECTION 2.24. Section 651.260, Occupations Code, is amended to read as follows:

Sec. 651.260. DUPLICATE LICENSE. (a) If a license issued under this chapter is lost or destroyed, the license holder may apply to the department [commission] for a duplicate license.

(b) The license holder must submit the application on a form prescribed by the department [commission] and must submit with the application an affidavit verifying:

(1) the loss or destruction of the license;

(2) that the license holder is the person to whom the license was issued; and

(3) any other information concerning the loss or destruction of the license the department [commission] requires.

(c) The department [commission] shall issue a duplicate license after receipt of the information and payment of the fee set by the commission for the duplicate license.

SECTION 2.25. Sections 651.265(b) and (c), Occupations Code, are amended to read as follows:

(b) On application, the department [commission] may renew the license of a retired license holder who does not provide funeral or embalming services in the category of retired, inactive status. The department [commission] may not charge a fee for the renewal of a license for retired, inactive status.

(c) On application, the department [commission] may renew in the category of retired, active status, the license of a retired license holder who participates in any manner, nominal or otherwise, in the provision of funeral or embalming services. The department [commission] shall charge a fee equal to one-half of the amount of the license renewal fee charged other active license holders.

SECTION 2.26. Sections 651.267(a), (b), and (d), Occupations Code, are amended to read as follows:

(a) On application, the department [commission] may reissue a license issued under this subchapter to a person whose license has been revoked. An application to reissue a license may not be made before the third anniversary of the date of the revocation.

(b) The application shall be made in the manner and form required by the department [commission].

(d) A license that has been revoked may be reinstated only after the applicant:

(1) retakes and passes the applicable examination;

(2) pays a fee that is equal to two times the normally required renewal fee; and

(3) satisfies any other [commission] requirements of this chapter, including any continuing education requirements under Section 651.266.

SECTION 2.27. Section 651.302, Occupations Code, is amended to read as follows:

Sec. 651.302. APPLICATION; ISSUANCE OF PROVISIONAL LICENSE. (a) The department [commission] shall issue a provisional license to practice funeral directing to an applicant who:

(1) is at least 18 years of age;

(2) has completed the educational requirements of Section 651.253 or is enrolled in an accredited school or college of mortuary science;

(3) is employed by a funeral director to learn funeral directing or embalming under the instruction and supervision of the funeral director;

(4) files an application for a provisional license on a form provided by the department [commission] and verified under oath by the applicant; and

(5) pays any required application or license fee.

(b) The department [commission] shall issue a provisional license to practice embalming to an applicant who:

(1) is at least 18 years of age;

(2) has completed the educational requirements of Section 651.253 or is enrolled in an accredited school or college of mortuary science;

(3) files an application for a provisional license;

(4) pays any required application or license fee; and

(5) complies with the requirements of this chapter and of the commission.

SECTION 2.28. Section 651.303(a), Occupations Code, is amended to read as follows:

(a) The department [commission] shall prescribe and supervise the course of instruction received by a provisional license holder while participating in a provisional license program.

SECTION 2.29. Section 651.304, Occupations Code, is amended to read as follows:

Sec. 651.304. EMPLOYMENT REPORTS. (a) On entering employment with a funeral director or embalmer, a provisional license holder shall immediately notify the department [commission] of the name and place of business of the funeral director or embalmer under whom the provisional license holder will train. The funeral director or embalmer shall sign the notification.

(b) [(d)] If a provisional license holder leaves the employment of a funeral director or embalmer, the funeral director or embalmer shall prepare an affidavit showing the length of time the provisional license holder was employed and the number of cases handled while employed by the funeral director or embalmer. The original affidavit shall be filed with the department [commission] and made a matter of record. A copy of the affidavit shall be furnished to the provisional license holder.

(c) [(e)] The commission by rule shall prescribe reporting requirements for provisional license holders. The department [commission] shall furnish report forms to be used by a provisional license holder.

SECTION 2.30. Sections 651.305(c), (d), and (e), Occupations Code, are amended to read as follows:

(c) If a provisional license holder fails to timely pay the renewal fee, the department [commission] shall:

(1) impose a late payment penalty equal to the amount of the license renewal fee;

(2) suspend the license for nonpayment; and

(3) notify the provisional license holder of the suspension.

(d) If the renewal fee and penalty are not paid before the 91st day after the date of the notice of suspension, the department [commission] shall cancel the license. If the license is canceled under this subsection, the provisional license holder may apply for reinstatement not later than 18 months after the date of cancellation. The department [commission] may reinstate the canceled license if:

(1) all other department [commission] requirements are satisfied; and

(2) the license fee and a late payment penalty equal to the amount of the license fee for the period of the cancellation are paid.

(e) A provisional license may be renewed after the second anniversary of the date of its issuance only if the person requests and receives from the department [commission] an extension based on hardship.

SECTION 2.31. Sections 651.351(a), (c), (g), and (h), Occupations Code, are amended to read as follows:

(a) A funeral establishment may not conduct a funeral business unless it is licensed by the department [commission].

(c) To obtain an initial funeral establishment license, an applicant must apply for a license and pay the licensing fee. The department [commission] shall issue an initial funeral establishment license on determining that the applicant satisfies the requirements of this section.

(g) The department [commission] may exempt a funeral establishment from the requirements of Subsection (d)(5) if:

(1) the majority owner or designated agent of record of a funeral establishment submits a written petition to the department [commission] requesting an exemption and stating:

(A) the establishment's name and address;

(B) that the establishment is located within 50 miles of a facility owned by the establishment requesting the exemption and at which embalming services may be performed; and

(C) that no embalming services will be performed at the establishment; and

(2) the department [commission] determines that the criteria in Subdivision (1) have been met.

(h) The department [executive director] shall notify the petitioner of the department's [commission's] decision. The exemption remains in effect until:

(1) the establishment is no longer located within 50 miles of a facility owned by the exempt establishment or at which embalming services may be performed; or

(2) an embalming service has been performed at the establishment.

SECTION 2.32. Sections 651.353(a) and (c), Occupations Code, are amended to read as follows:

(a) A cemetery may not conduct a cemetery business unless the facility is licensed by the department [commission].

(c) To obtain an initial cemetery license, an applicant must apply for a license and pay the licensing fee. The department [commission] shall issue an initial cemetery license on determining that the applicant satisfies the requirements of this chapter.

SECTION 2.33. Section 651.354(a), Occupations Code, is amended to read as follows:

(a) The department [commission] shall mail written notice to a cemetery or funeral establishment of the impending expiration of the establishment's license not later than the 30th day before the expiration date of the license. The notice must state that:

(1) to renew the license, the cemetery or funeral establishment must pay the renewal fee not later than the license expiration date; and

(2) the license is automatically renewed on receipt of the renewal fee.

SECTION 2.34. Section 651.355(a), Occupations Code, is amended to read as follows:

(a) The Texas Department of Banking shall provide annually to the department [commission] a list of perpetual care cemeteries, including the address and other contact information for each cemetery. The department [commission] shall annually register each perpetual care cemetery on that list.

SECTION 2.35. Section 651.403(a), Occupations Code, is amended to read as follows:

(a) A funeral establishment shall:

(1) designate to the department [commission] a funeral director in charge; and

(2) promptly notify the department [commission] of any change in that designation.

SECTION 2.36. Section 651.404, Occupations Code, is amended to read as follows:

Sec. 651.404. CONSUMER BROCHURE. When funeral services are discussed, a funeral director or agent of the funeral establishment shall provide each prospective customer with a copy of the brochure prepared by the department [commission] under Section 651.201. The funeral establishment shall print additional copies of the brochure if the department [commission] is unable to provide the number of brochures needed by the funeral establishment.

SECTION 2.37. Section 651.406(a), Occupations Code, is amended to read as follows:

(a) A purchase agreement must state:

(1) the name, address, and telephone number of the funeral establishment;

(2) the amount paid or owed to another person by the funeral establishment on behalf of the customer and each fee charged the customer for the cost of advancing funds or becoming indebted to another person on behalf of the customer;

(3) the printed notice required by Subsection (b);

(4) the name, mailing address, and telephone number of the department [commission]; and

(5) a statement that complaints may be directed to the department [commission].

SECTION 2.38. Section 651.4065(a), Occupations Code, is amended to read as follows:

(a) A purchase agreement must state:

(1) the name, address, and telephone number of the cemetery or crematory;

(2) the amount paid or owed to another person by the cemetery or crematory on behalf of the customer and each fee charged the customer for the cost of advancing funds or becoming indebted to another person on behalf of the customer;

(3) the printed notice required by Subsection (b);

(4) the name, mailing address, and telephone number of the department [commission];

(5) a statement that complaints may be directed to the department [commission]; and

(6) any other items that the commission may by rule require.

SECTION 2.39. Sections 651.407(c) and (d), Occupations Code, are amended to read as follows:

(c) The funeral establishment shall retain a copy of the written consent for at least two years and shall make the records of the funeral establishment reasonably available for inspection by:

(1) the department [commission];

(2) the person who provided the consent; and

(3) the next of kin of the deceased person.

(d) The school or college of mortuary science shall retain a copy of the written consent permanently and shall make the records of the school or college of mortuary science reasonably available for inspection by the department [commission].

SECTION 2.40. Section 651.451, Occupations Code, is amended to read as follows:

Sec. 651.451. CERTAIN FRAUDULENT AND DECEPTIVE ACTS. A person violates this chapter if the person:

(1) presents to the department [commission] a license, certificate, registration, or diploma that was illegally or fraudulently obtained;

(2) uses fraud or deception in passing the examination, including impersonating or acting as a proxy for another person in the examination;

(3) purchases, sells, barters, or uses, or offers to purchase, sell, barter, or use, a license, registration, certificate, or transcript of a license, registration, or certificate in or incident to an application to the department [commission] for a license or registration issued under this chapter;

(4) alters, with fraudulent intent, a license, registration, or certificate issued under this chapter or a transcript of a license, registration, or certificate;

(5) uses a license, registration, certificate, or diploma issued under this chapter or a transcript of a license, registration, certificate, or diploma that has been fraudulently purchased, issued, counterfeited, or materially altered;

(6) impersonates a funeral director, embalmer, or other person regulated under this chapter;

(7) permits another to use the person's license or registration to perform an activity regulated under this chapter; or

(8) presents false certification of work done as a provisional license holder.

SECTION 2.41. Section 651.460(a), Occupations Code, is amended to read as follows:

(a) A person violates this chapter if the person:

(1) arranges for funeral services or merchandise and fails to provide a customer with a purchase agreement as required by Section 651.406;

(2) fails to retain and make available to the department [commission], on request, copies of all price lists, written notices, embalming documents, and memoranda of agreement required by this chapter for two years after the date of distribution or signing;

(3) violates this chapter, a rule adopted under this chapter, an order by the commission revoking, suspending, or probating a license, an order assessing an administrative penalty, or an agreement to pay an administrative penalty;

(4) allows the use of a dead human body by an embalming establishment for research or educational purposes without complying with Section 651.407; or

(5) is associated with a funeral establishment, whether as an employee, agent, subcontractor, assignee, owner, or otherwise, and fails to comply with this chapter or a rule adopted under this chapter.

SECTION 2.42. Section 651.5025(a), Occupations Code, is amended to read as follows:

(a) The commission may revoke the license of a license holder without a hearing if the department [commission] determines from the information presented to it that the license holder has been convicted of a felony related to the practice of embalming, funeral directing, or another activity regulated by the department [commission] under this chapter. The department [commission] shall notify the license holder if it decides to revoke the license.

SECTION 2.43. Sections 651.503(a) and (b), Occupations Code, are amended to read as follows:

(a) The commission shall issue a written warning to a license holder if [the commission]:

(1) the department conducts an investigation that identifies a violation of this chapter by the license holder; and

(2) the commission does not issue a reprimand, assess an administrative penalty, or impose any other penalty against the license holder.

(b) The warning must:

(1) describe the identified violation; and

(2) state the date by which the license holder must file with the department [commission] a written report that describes:

(A) the measures implemented by the license holder to correct the violation; and

(B) the dates those measures were implemented.

SECTION 2.44. Section 651.504, Occupations Code, is amended to read as follows:

Sec. 651.504. REPRIMAND. The commission may, after a hearing as provided by Chapter 51 [Section 651.506] or without a hearing if the person waives a hearing, reprimand a person regulated under this chapter if the commission determines that the person violated this chapter or a rule adopted under this chapter.

SECTION 2.45. Section 651.505(b), Occupations Code, is amended to read as follows:

(b) The department [commission] shall notify in writing a license holder placed on probation of the probation. The department [commission] shall furnish the license holder with written probationary orders that detail the actions required by the department [commission] of the license holder during the probation period.

SECTION 2.46. Section 651.5061, Occupations Code, is amended to read as follows:

Sec. 651.5061. WAIVER OF HEARING BY FUNERAL OR CREMATORY ESTABLISHMENT. A funeral or crematory establishment alleged to have violated this chapter or a rule adopted under this chapter may waive the right to a hearing as provided by Chapter 51 [Section 651.506] by written notification to the department [commission].

SECTION 2.47. Sections 651.656(a) and (c), Occupations Code, are amended to read as follows:

(a) A person may not conduct a crematory business in this state unless the person who is the owner or operator of the crematory holds a crematory establishment license issued by the department [commission].

(c) Subsection (b) does not apply to the owner or operator of a crematory registered under this chapter [with the commission] on September 1, 2003.

SECTION 2.48. Sections 651.657(a) and (c), Occupations Code, are amended to read as follows:

(a) An applicant for a crematory establishment license must:

(1) submit a written license application to the department [commission];

(2) pay the application fee; and

(3) provide proof satisfactory to the department [commission] that the owner or operator of the crematory is trained and certified by a reputable organization approved by the commission, such as the Cremation Association of North America.

(c) An application for a license or renewal of a license must be on a form furnished by the department [commission].

SECTION 2.49. Sections 651.658(a), (e), and (f), Occupations Code, are amended to read as follows:

(a) To renew a crematory establishment license, the crematory establishment must annually:

(1) file a report with the department [commission] that lists the number of cremations performed at the crematory during the previous year;

(2) pay the license renewal fee; and

(3) provide the information required by Section 651.657 or a written statement that the information has not changed since previously provided.

(e) The department [commission] shall grant an extension for filing the annual report required by this section on the written request of a crematory establishment for good cause. An extension may not exceed 60 days. The department [commission] may grant additional extensions for good cause.

(f) The department [commission] shall impose a $100 late fee for each day a crematory establishment fails to submit the annual report required by this section if an extension has not been granted.

SECTION 2.50. Section 154.132(b), Finance Code, is amended to read as follows:

(b) The website:

(1) must include a description of the trust and insurance funding options available under the law of this state to be developed with input from consumers, permit holders, insurers, and funeral providers;

(2) may include links to and be linked from the department's website, the Texas Department of Insurance website, and the Texas Department of Licensing and Regulation [Funeral Service Commission] website; and

(3) may include additional information or links to additional information that the department determines may be helpful to consumers of prepaid funeral benefits in this state.

SECTION 2.51. Section 411.122(d), Government Code, as amended by Chapters 213 (S.B. 1005), 450 (H.B. 2447), and 933 (H.B. 3097), Acts of the 81st Legislature, Regular Session, 2009, is reenacted and amended to read as follows:

(d) The following state agencies are subject to this section:

(1) Texas Appraiser Licensing and Certification Board;

(2) Texas Board of Architectural Examiners;

(3) Texas Board of Chiropractic Examiners;

(4) State Board of Dental Examiners;

(5) Texas Board of Professional Engineers;

(6) [Texas Funeral Service Commission;

[(7)] Texas Board of Professional Geoscientists;

(7) [(8)] Department of State Health Services, except as provided by Section 411.110, and agencies attached to the department, including:

(A) Texas State Board of Examiners of Dietitians;

(B) Texas State Board of Examiners of Marriage and Family Therapists;

(C) Midwifery Board;

(D) Texas State Perfusionist Advisory Committee;

(E) Texas State Board of Examiners of Professional Counselors;

(F) Texas State Board of Social Worker Examiners;

(G) State Board of Examiners for Speech-Language Pathology and Audiology;

(H) Advisory Board of Athletic Trainers;

(I) State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments;

(J) Texas Board of Licensure for Professional Medical Physicists; and

(K) Texas Board of Orthotics and Prosthetics;

(8) [(9)] Texas Board of Professional Land Surveying;

(9) [(10)] Texas Department of Licensing and Regulation, except as provided by Section 411.093;

(10) [(11)] Texas Commission on Environmental Quality;

(11) [(12)] Texas Board of Occupational Therapy Examiners;

(12) [(13)] Texas Optometry Board;

(13) [(14)] Texas State Board of Pharmacy;

(14) [(15)] Texas Board of Physical Therapy Examiners;

(15) [(16)] Texas State Board of Plumbing Examiners;

(16) [(17)] Texas State Board of Podiatric Medical Examiners;

(17) [(18)] Texas State Board of Examiners of Psychologists;

(18) [(19)] Texas Real Estate Commission;

(19) [(20)] Texas Department of Transportation;

(20) [(21)] State Board of Veterinary Medical Examiners;

(21) [(22)] Texas Department of Housing and Community Affairs;

(22) [(23)] secretary of state;

(23) [(24)] state fire marshal;

(24) [(25)] Texas Education Agency;

(25) [(26)] Department of Agriculture; and

(26) [(27)] Texas Department of Motor Vehicles.

SECTION 2.52. Section 572.003(c), Government Code, is amended to read as follows:

(c) The term means a member of:

(1) the Public Utility Commission of Texas;

(2) the Texas Department of Economic Development;

(3) the Texas Commission on Environmental Quality;

(4) the Texas Alcoholic Beverage Commission;

(5) The Finance Commission of Texas;

(6) the Texas Facilities Commission;

(7) the Texas Board of Criminal Justice;

(8) the board of trustees of the Employees Retirement System of Texas;

(9) the Texas Transportation Commission;

(10) [the Texas Workers' Compensation Commission;

[(11)] the Texas Department of Insurance;

(11) [(12)] the Parks and Wildlife Commission;

(12) [(13)] the Public Safety Commission;

(13) [(14)] the Texas Ethics Commission;

(14) [(15)] the State Securities Board;

(15) [(16)] the Texas Water Development Board;

(16) [(17)] the governing board of a public senior college or university as defined by Section 61.003, Education Code, or of The University of Texas Southwestern Medical Center at Dallas, The University of Texas Medical Branch at Galveston, The University of Texas Health Science Center at Houston, The University of Texas Health Science Center at San Antonio, The University of Texas System M. D. Anderson Cancer Center, The University of Texas Health Science Center at Tyler, University of North Texas Health Science Center at Fort Worth, Texas Tech University Health Sciences Center, Texas State Technical College--Harlingen, Texas State Technical College--Marshall, Texas State Technical College--Sweetwater, or Texas State Technical College--Waco;

(17) [(18)] the Texas Higher Education Coordinating Board;

(18) [(19)] the Texas Workforce Commission;

(19) [(21)] the board of trustees of the Teacher Retirement System of Texas;

(20) [(22)] the Credit Union Commission;

(21) [(23)] the School Land Board;

(22) [(24)] the board of the Texas Department of Housing and Community Affairs;

(23) [(25)] the Texas Racing Commission;

(24) [(26)] the State Board of Dental Examiners;

(25) [(27)] the Texas Medical [State] Board [of Medical Examiners];

(26) [(28)] the Board of Pardons and Paroles;

(27) [(29)] the Texas State Board of Pharmacy;

(28) [(30)] the Department of Information Resources governing board;

(29) [(31)] the Motor Vehicle Board;

(30) [(32)] the Texas Real Estate Commission;

(31) [(33)] the board of directors of the State Bar of Texas;

(32) [(34)] the bond review board;

(33) [(35)] the [Texas Board of] Health and Human Services Commission;

(34) [(36) the Texas Board of Mental Health and Mental Retardation;

[(37) the Texas Board on Aging;

[(38) the Texas Board of Human Services;

[(39) the Texas Funeral Service Commission;

[(40)] the board of directors of a river authority created under the Texas Constitution or a statute of this state; or

(35) [(41)] the Texas Lottery Commission.

SECTION 2.53. Section 2054.352(a), Government Code, as amended by Chapters 213 (S.B. 1005) and 450 (H.B. 2447), Acts of the 81st Legislature, Regular Session, 2009, is reenacted and amended to read as follows:

(a) The following licensing entities shall participate in the system established under Section 2054.353:

(1) Texas Board of Chiropractic Examiners;

(2) Court Reporters Certification Board;

(3) State Board of Dental Examiners;

(4) [Texas Funeral Service Commission;

[(5)] Texas Board of Professional Land Surveying;

(5) [(6)] Texas Medical Board;

(6) [(7)] Texas Board of Nursing;

(7) [(8)] Texas Optometry Board;

(8) [(9)] Department of Agriculture, for licenses issued under Chapter 1951, Occupations Code;

(9) [(10)] Texas State Board of Pharmacy;

(10) [(11)] Executive Council of Physical Therapy and Occupational Therapy Examiners;

(11) [(12)] Texas State Board of Plumbing Examiners;

(12) [(13)] Texas State Board of Podiatric Medical Examiners;

(13) [(14)] Texas State Board of Examiners of Psychologists;

(14) [(15)] State Board of Veterinary Medical Examiners;

(15) [(16)] Texas Real Estate Commission;

(16) [(17)] Texas Appraiser Licensing and Certification Board;

(17) [(18)] Texas Department of Licensing and Regulation;

(18) [(19)] Texas State Board of Public Accountancy;

(19) [(20)] State Board for Educator Certification;

(20) [(21)] Texas Board of Professional Engineers;

(21) [(22)] Department of State Health Services;

(22) [(23)] Texas Board of Architectural Examiners;

(23) [(24)] Texas Racing Commission;

(24) [(25)] Commission on Law Enforcement Officer Standards and Education; and

(25) [(26)] Texas Private Security Board.

SECTION 2.54. Section 695.001, Health and Safety Code, is amended by amending Subdivision (2) and adding Subdivision (3) to read as follows:

(2) "Commission" means the Texas [Funeral Service] Commission of Licensing and Regulation.

(3) "Department" means the Texas Department of Licensing and Regulation.

SECTION 2.55. Section 695.002, Health and Safety Code, is amended to read as follows:

Sec. 695.002. IDENTIFICATION OF DECEASED PERSON. The department [commission] shall ensure a casket contains identification of the deceased person, including the person's name, date of birth, and date of death.

SECTION 2.56. Sections 711.004(f) and (h), Health and Safety Code, are amended to read as follows:

(f) Except as is authorized for a justice of the peace acting as coroner or medical examiner under Chapter 49, Code of Criminal Procedure, remains may not be removed from a cemetery except on the written order of the state registrar or the state registrar's designee. The cemetery organization shall keep a duplicate copy of the order as part of its records. The Texas [Funeral Service] Commission of Licensing and Regulation may adopt rules to implement this subsection.

(h) If the remains are not reinterred, the person who removes the remains shall:

(1) make and keep a record of the disposition of the remains; and

(2) not later than the 30th day after the date the remains are removed, provide notice by certified mail to the Texas Department of Licensing and Regulation [Funeral Service Commission] and the Department of State Health Services of the person's intent not to reinter the remains and the reason the remains will not be reinterred.

SECTION 2.57. Section 711.007(b), Health and Safety Code, is amended to read as follows:

(b) The proceeding may be brought by:

(1) the attorney general;

(2) the Banking Commissioner of Texas;

(3) the governing body of a municipality with a population of more than 25,000, if the cemetery is located in the municipality or not farther than five miles from the municipality;

(4) the district attorney of the county, if the cemetery is located in an area of the county not described by Subdivision (3);

(5) the owner of a residence:

(A) in or near the municipality in which the cemetery is located; or

(B) in the area proscribed for the location of a cemetery by Section 711.008;

(6) the Texas Department of Licensing and Regulation [Funeral Service Commission]; or

(7) the owner of a plot in the cemetery.

SECTION 2.58. Section 711.012(b), Health and Safety Code, is amended to read as follows:

(b) The Texas [Funeral Service] Commission of Licensing and Regulation may adopt rules, establish procedures, and prescribe forms to enforce and administer Sections 711.003, 711.008, 711.0105, 711.021-711.034, 711.038, 711.0395, 711.041, 711.042, 711.052, 711.061, and 711.062 relating to cemeteries that are not perpetual care cemeteries.

SECTION 2.59. Section 711.0515, Health and Safety Code, as added by Chapters 263 (H.B. 1468) and 914 (H.B. 2927), Acts of the 81st Legislature, Regular Session, 2009, is reenacted and amended to read as follows:

Sec. 711.0515. ENFORCEMENT BY ATTORNEY GENERAL; INJUNCTIVE RELIEF. In addition to bringing an action under Section 711.051, the attorney general at the request of the executive director of the Texas Department of Licensing and Regulation [Funeral Service Commission] may bring an action for injunctive relief to enforce this chapter or a rule or order adopted by the Texas Commission of Licensing and Regulation [commission] under this chapter.

SECTION 2.60. Section 715.003, Health and Safety Code, is amended to read as follows:

Sec. 715.003. PARTIES TO ACTION. An action commenced under this chapter shall be brought by the incorporators of the nonprofit corporation on behalf of the nonprofit corporation. The necessary parties to the action on which citation shall be served under Section 715.006 are:

(1) the record owners of the real property comprising the historic cemetery;

(2) the owners of plots in the cemetery, who may be designated as a class in the petition;

(3) the Texas Historical Commission; and

(4) the Texas Department of Licensing and Regulation [Funeral Service Commission].

SECTION 2.61. Section 715.006(a), Health and Safety Code, is amended to read as follows:

(a) Before the 31st day after the date an action is commenced by a nonprofit corporation under this chapter, the nonprofit corporation shall cause citation to be issued and served by certified mail, return receipt requested, on:

(1) the record owners of the real property comprising the cemetery at their last known addresses;

(2) the owners of plots in the cemetery at their last known addresses;

(3) the Texas Historical Commission at its office in Austin, Texas;

(4) the Texas Department of Licensing and Regulation [Funeral Service Commission]; and

(5) the county auditor of the county in which the cemetery is located.

SECTION 2.62. Section 716.001, Health and Safety Code, is amended by adding Subdivision (10-a) to read as follows:

(10-a) "Department" means the Texas Department of Licensing and Regulation.

SECTION 2.63. Section 716.003(b), Health and Safety Code, is amended to read as follows:

(b) A crematory, other than a crematory registered under Chapter 651, Occupations Code, [with the commission] on September 1, 2003, must:

(1) be adjacent to a perpetual care cemetery or funeral establishment; and

(2) be owned or operated by the person that owns or operates the perpetual care cemetery or funeral establishment.

SECTION 2.64. Section 716.203(e), Health and Safety Code, is amended to read as follows:

(e) The department [commission] may not initiate disciplinary action against a crematory establishment on the basis of a complaint based on the conduct of an employee, agent, or representative of the establishment that is:

(1) performed outside of the scope and authority of employment; or

(2) contrary to the written instructions of the crematory establishment.

SECTION 2.65. Section 101.002, Occupations Code, is amended to read as follows:

Sec. 101.002. COMPOSITION OF COUNCIL. The council consists of 14 members, with one member appointed by each of the following:

(1) the Texas Board of Chiropractic Examiners;

(2) the State Board of Dental Examiners;

(3) the Texas Optometry Board;

(4) the Texas State Board of Pharmacy;

(5) the Texas State Board of Podiatric Medical Examiners;

(6) the State Board of Veterinary Medical Examiners;

(7) the Texas Medical Board;

(8) the Texas Board of Nursing;

(9) the Texas State Board of Examiners of Psychologists;

(10) the entity that regulates the funeral service industry [Texas Funeral Service Commission];

(11) the entity that regulates the practice of physical therapy;

(12) the entity that regulates the practice of occupational therapy;

(13) the health licensing division of the Department of State Health Services; and

(14) the governor's office.

SECTION 2.66. (a) The following sections of the Occupations Code are repealed:

(1) Section 101.0515;

(2) Section 651.002;

(3) Section 651.156;

(4) Section 651.163;

(5) Sections 651.165(a), (b), (c), (e), and (f);

(6) Section 651.166;

(7) Section 651.167;

(8) Section 651.202;

(9) Section 651.203;

(10) Section 651.204;

(11) Section 651.254;

(12) Section 651.259(g);

(13) Section 651.264;

(14) Section 651.267(c);

(15) Section 651.501;

(16) Section 651.502;

(17) Section 651.5026;

(18) Section 651.505(a);

(19) Section 651.506;

(20) Section 651.551;

(21) Section 651.5515;

(22) Section 651.553;

(23) Section 651.554;

(24) Section 651.555;

(25) Section 651.556;

(26) Section 651.557;

(27) Section 651.558;

(28) Section 651.601; and

(29) Section 651.658(b).

(b) Subchapters B and C, Chapter 651, Occupations Code, are repealed.

(c) Section 716.001(3), Health and Safety Code, is repealed.

SECTION 2.67. (a) Effective May 1, 2012:

(1) the Texas Funeral Service Commission is abolished;

(2) all functions and activities performed immediately before that date by the Texas Funeral Service Commission are transferred to the Texas Department of Licensing and Regulation;

(3) a rule, form, policy, procedure, or decision of the Texas Funeral Service Commission continues in effect as a rule, form, policy, procedure, or decision of the Texas Commission of Licensing and Regulation and remains in effect until amended or replaced by the commission;

(4) a reference in law or administrative rule to the Texas Funeral Service Commission means the Texas Department of Licensing and Regulation;

(5) all money, contracts, leases, rights, property, records, and bonds and other obligations of the Texas Funeral Service Commission are transferred to the Texas Department of Licensing and Regulation;

(6) a court case, administrative proceeding, contract negotiation, or other proceeding involving the Texas Funeral Service Commission is transferred without change in status to the Texas Department of Licensing and Regulation, and the Texas Department of Licensing and Regulation assumes, without a change in status, the position of the Texas Funeral Service Commission in a negotiation or proceeding relating to an activity transferred by this Act to the Texas Department of Licensing and Regulation to which the Texas Funeral Service Commission is a party; and

(7) any unexpended and unobligated balance of money appropriated by the legislature for the Texas Funeral Service Commission is transferred to the Texas Department of Licensing and Regulation.

(b) In the period beginning on January 1, 2012, and ending on April 30, 2012:

(1) the Texas Funeral Service Commission shall continue to perform functions and activities under Chapter 651, Occupations Code, and other law as if the law had not been amended or repealed, as applicable, and the former law is continued in effect for that purpose; and

(2) a person who is authorized or required by law to take an action relating to the Texas Funeral Service Commission or a member of the commission shall continue to take that action under the law as if the law had not been amended or repealed, as applicable, and the former law is continued in effect for that purpose.

SECTION 2.68. Before May 1, 2012, the Texas Funeral Service Commission may agree with the Texas Department of Licensing and Regulation to transfer any property of the Texas Funeral Service Commission to the Texas Department of Licensing and Regulation to implement the transfer required by Section 67 of this Act.

SECTION 2.69. To the extent of any conflict, this Act prevails over another Act of the 82nd Legislature, Regular Session, 2011, relating to nonsubstantive additions to and corrections in enacted codes.

ARTICLE 3: TRANSFER OF THE FUNCTIONS OF THE TEXAS STATE BOARD OF

PLUMBING EXAMINERS TO THE TEXAS DEPARTMENT OF REGULATION.

SECTION 3.1. Section 1301.002, Occupations Code, is amended by amending Subdivisions (1), (1-a), (2), (3), (4), (6), (8), (9), and (11) and adding Subdivision (1-b) to read as follows:

(1) "Commission" means the Texas Commission on Licensing and Regulation.

(1-a) "Department" [(1) "Board"] means the Texas Department of Licensing and Regulation [State Board of Plumbing Examiners].

(1-b) [(1-a)] "Executive director" means the executive director of the Texas Department of Licensing and Regulation [State Board of Plumbing Examiners].

(2) "Drain cleaner" means a person who:

(A) has completed at least 4,000 hours working under the supervision of a master plumber as a drain cleaner-restricted registrant;

(B) has fulfilled the requirements of and is registered with the department [board]; and

(C) installs cleanouts and removes and resets p-traps to eliminate obstructions in building drains and sewers under the supervision of a responsible master plumber.

(3) "Drain cleaner-restricted registrant" means a person who:

(A) has worked as a plumber's apprentice under the supervision of a master plumber;

(B) has fulfilled the requirements of and is registered with the department [board]; and

(C) clears obstructions in sewer and drain lines through any code-approved existing opening under the supervision of a responsible master plumber.

(4) "Journeyman plumber" means a person licensed under this chapter who:

(A) has met the qualifications for registration as a plumber's apprentice or for licensing as a tradesman plumber-limited license holder;

(B) has completed at least 8,000 hours working under the supervision of a master plumber;

(C) installs, changes, repairs, services, or renovates plumbing or supervises any of those activities under the supervision of a responsible master plumber;

(D) has passed the required examination; and

(E) has fulfilled the other requirements of the department [board].

(6) "Plumber's apprentice" means a person other than a master plumber, journeyman plumber, or tradesman plumber-limited license holder who, as the person's principal occupation, learns about and assists in the installation of plumbing, has fulfilled the requirements of and is registered by the department [board], and works under the supervision of a responsible master plumber and the direct supervision of a licensed plumber.

(8) "Plumbing inspector" means a person who:

(A) is employed by a political subdivision or state agency, or contracts as an independent contractor with a political subdivision or state agency, to inspect plumbing in connection with health and safety laws, including ordinances, and plumbing and gas codes;

(B) has passed the required examination; and

(C) has fulfilled the other requirements of the department [board].

(9) "Residential utilities installer" means a person who:

(A) has completed at least 2,000 hours working under the supervision of a master plumber as a plumber's apprentice;

(B) has fulfilled the requirements of and is registered with the department [board]; and

(C) constructs and installs yard water service piping for one-family or two-family dwellings and building sewers under the supervision of a responsible master plumber.

(11) "Water supply protection specialist" means a person who holds an endorsement issued by the department [board] to engage in the inspection, in connection with health and safety laws, including ordinances, of:

(A) the plumbing of a public water system distribution facility; or

(B) customer-owned plumbing connected to the water distribution lines of a public water system.

SECTION 3.2. Section 1301.002(5), Occupations Code, as amended by Chapters 804 (S.B. 1410) and 1380 (S.B. 1354), Acts of the 81st Legislature, Regular Session, 2009, is reenacted and amended to read as follows:

(5) "Master plumber" means a person licensed under this chapter who:

(A) is skilled in the design, planning, and superintending of plumbing and in the practical installation, repair, and servicing of plumbing;

(B) has worked as a journeyman plumber:

(i) for at least four years; or

(ii) for at least one year and has successfully completed a training program approved by the United States Department of Labor Office of Apprenticeship or another nationally recognized apprentice training program accepted by the department [board];

(C) performs or supervises plumbing work;

(D) has passed the required examination; and

(E) has fulfilled the other requirements of the department [board].

SECTION 3.3. Section 1301.002(10), Occupations Code, as amended by Chapters 804 (S.B. 1410) and 1380 (S.B. 1354), Acts of the 81st Legislature, Regular Session, 2009, is reenacted and amended to read as follows:

(10) "Tradesman plumber-limited license holder" means a person who:

(A) has completed at least 4,000 hours working under the direct supervision of a journeyman or master plumber as a plumber's apprentice;

(B) has passed the required examination; [and]

(C) constructs and installs plumbing for one-family or two-family dwellings under the supervision of a responsible master plumber; and

(D) has fulfilled the other requirements of the department [board].

SECTION 3.4. Section 1301.056, Occupations Code, is amended to read as follows:

Sec. 1301.056. LAWN IRRIGATION SYSTEMS. A person licensed by the department [board] is not required to be licensed by another [board or] agency to install or work on a lawn irrigation system.

SECTION 3.5. Section 1301.057, Occupations Code, is amended to read as follows:

Sec. 1301.057. SELF-HELP PROJECT. (a) A person is not required to be licensed under this chapter to perform plumbing, limited to the provision of a residential potable water supply or residential sanitary sewer connection, for a project that:

(1) is in a county a part of which is within 50 miles of an international border; and

(2) is performed by an organization that:

(A) is certified by the Texas Commission on Environmental Quality [Natural Resource Conservation Commission] to provide self-help project assistance; and

(B) provides the department [board] with the following information before the 30th day before the date the project begins:

(i) the exact location of the project;

(ii) the intended duration of the project; and

(iii) other information the department [board] requires.

(b) The department [board] may require under Subsection (a)(2)(B)(iii) that the organization provide a post-construction report signed by a plumbing inspector stating that the plumbing is safe.

(c) The department [board] may provide training to an organization that provides self-help project assistance under this section.

SECTION 3.6. The heading to Subchapter D, Chapter 1301, Occupations Code, is amended to read as follows:

SUBCHAPTER D. DEPARTMENT [EXECUTIVE DIRECTOR

[AND OTHER BOARD] PERSONNEL

SECTION 3.7. Section 1301.202, Occupations Code, is amended to read as follows:

Sec. 1301.202. PLUMBING EXAMINER. (a) The department [board] shall employ one or more plumbing examiners. A plumbing examiner serves at the will of the department [board].

(b) A plumbing examiner shall:

(1) examine the fitness and qualifications of a person applying to the department [board] for a license as a master plumber, journeyman plumber, tradesman plumber-limited license holder, or plumbing inspector; and

(2) promptly certify the result of the examination to the department [board].

SECTION 3.8. Section 1301.203(a), Occupations Code, is amended to read as follows:

(a) The department [board] may employ a field representative to assist the department [board] in enforcing this chapter and rules adopted under this chapter. A field representative must:

(1) hold a license as a plumber under this chapter;

(2) be knowledgeable of this chapter and municipal ordinances relating to plumbing; and

(3) be qualified by experience and training in plumbing practice.

SECTION 3.9. The heading to Subchapter E, Chapter 1301, Occupations Code, is amended to read as follows:

SUBCHAPTER E. ADMINISTRATION OF CHAPTER [BOARD POWERS

[AND DUTIES]

SECTION 3.10. Section 1301.251, Occupations Code, is amended to read as follows:

Sec. 1301.251. GENERAL DUTIES OF DEPARTMENT AND COMMISSION [BOARD]. (a) The department [board] shall[:

[(1)] administer and enforce this chapter. [;]

(b) The commission shall [(2)] adopt [and enforce] rules necessary to administer this chapter. [; and]

(c) The department shall [(3)] keep a record of each proceeding conducted before and action taken by the department or commission relating to this chapter [board].

SECTION 3.11. Sections 1301.255(a), (b), (c), and (d), Occupations Code, are amended to read as follows:

(a) The commission [board] shall adopt the following plumbing codes, as those codes existed on May 31, 2001:

(1) the Uniform Plumbing Code, as published by the International Association of Plumbing and Mechanical Officials; and

(2) the International Plumbing Code, as published by the International Code Council.

(b) The commission [board] by rule may adopt later editions of the plumbing codes listed in Subsection (a).

(c) Plumbing installed in an area not otherwise subject to regulation under this chapter by a person licensed under this chapter must be installed in accordance with a plumbing code adopted by the commission [board] under Subsection (a) or (b).

(d) In adopting a code for the design, installation, and maintenance of a plumbing system under this section, a municipality or an owner of a public water system may amend any provisions of the code to conform to local concerns that do not substantially vary from commission [board] rules or other rules of this state.

SECTION 3.12. Section 1301.258, Occupations Code, as added by Chapter 1276 (H.B. 3507), Acts of the 78th Legislature, Regular Session, 2003, is amended to read as follows:

Sec. 1301.258. ADVISORY COMMITTEES. The department [board] may appoint advisory committees as it considers necessary. An advisory committee member shall serve without compensation or reimbursement. The committee [and] is subject to Section 2110.008, Government Code.

SECTION 3.13. Section 1301.262, Occupations Code, is amended to read as follows:

Sec. 1301.262. PLUMBING INSPECTOR CODE OF CONDUCT. The commission [board] by rule shall establish a code of conduct for licensed plumbing inspectors. The code of conduct shall require a plumbing inspector to enforce this chapter and commission [board] rules in a consistent manner across job sites.

SECTION 3.14. The heading to Subchapter F, Chapter 1301, Occupations Code, is amended to read as follows:

SUBCHAPTER F. CONSUMER INTEREST INFORMATION

[AND COMPLAINT PROCEDURES]

SECTION 3.15. Section 1301.302, Occupations Code, is amended to read as follows:

Sec. 1301.302. CONTRACT INFORMATION. A written proposal, invoice, or contract relating to plumbing services performed by or under the direction of a plumber licensed under this chapter must contain the name and license number of the responsible master plumber and the name, mailing address, and telephone number of the department [board].

SECTION 3.16. Section 1301.352, Occupations Code, is amended to read as follows:

Sec. 1301.352. EXAMINATION REQUIRED. The department [board] shall issue a license or endorsement as a master plumber, journeyman plumber, plumbing inspector, tradesman plumber-limited license holder, medical gas piping installation endorsement holder, water supply protection specialist, or multipurpose residential fire protection sprinkler specialist to a person who demonstrates the fitness, competence, and qualifications to receive the license or endorsement by passing a uniform, reasonable examination.

SECTION 3.17. Section 1301.3522, Occupations Code, is amended to read as follows:

Sec. 1301.3522. EXAMINATION REVIEW COURSE. (a) The department [board] shall develop a review course in English and Spanish to assist license applicants in preparation for each license examination relating to this chapter offered by the department [board]. If the department [board] provides the review course, the department [board] may charge a fee to an applicant who applies to take the review course.

(b) The department [board] may provide the review course training materials to private course providers for a fee determined by the department [board].

SECTION 3.18. Section 1301.353, Occupations Code, is amended to read as follows:

Sec. 1301.353. INSPECTOR CONFLICTS PROHIBITED. The department [board] may not issue a plumbing inspector license to a person who has a financial or advisory interest in a plumbing company.

SECTION 3.19. Sections 1301.354(b), (b-1), (c), and (d), Occupations Code, are amended to read as follows:

(b) A person who has worked as a plumber's apprentice for a period established by law or commission [board] rule may apply to take an examination for a license as a journeyman plumber or tradesman plumber-limited license holder. Before the applicant may take the examination, the applicant must complete classroom training provided by a department-approved [board-approved] instructor in a department-approved [board-approved] training program in the areas of health and safety, applicable plumbing codes, and water conservation for at least:

(1) 24 hours if the applicant is applying to take a tradesman plumber-limited license holder examination; or

(2) 48 hours if the applicant is applying to take a journeyman plumber examination.

(b-1) At the applicant's request, the department [board] may credit an applicant under Subsection (b) with a number of hours determined by commission [board] rule against the number of hours of work experience required to take an examination if the applicant has received an associate of applied science degree from a plumbing technology program that:

(1) includes a combination of classroom and on-the-job training; and

(2) is approved by the department [board] and the Texas Higher Education Coordinating Board.

(c) At the applicant's request, the department [board] may credit an applicant under Subsection (b) with up to 500 hours of the work experience required before taking an examination if the applicant has completed the classroom portion of a training program:

(1) approved by the United States Department of Labor, Office of Apprenticeship; or

(2) provided by a person approved by the department [board] and based on course materials approved by the department [board].

(d) Notwithstanding the classroom training required by Subsection (b), a plumber's apprentice may apply for and take an examination for a license as a journeyman plumber or tradesman plumber-limited license holder if the apprentice has received an associate of applied science degree from a plumbing technology program that:

(1) includes a combination of classroom and on-the-job training; and

(2) is approved by the department [board] and the Texas Higher Education Coordinating Board.

SECTION 3.20. Section 1301.3541, Occupations Code, is amended to read as follows:

Sec. 1301.3541. APPRENTICE REGISTRATION REQUIREMENTS. The commission [board] by rule may adopt registration requirements for plumber's apprentices, including training and education requirements.

SECTION 3.21. Sections 1301.356(c) and (e), Occupations Code, are amended to read as follows:

(c) An endorsement under this section is valid for three years and may be renewed as provided by commission [board] rule.

(e) A plumbing inspector who meets the requirements of the department [board] may hold a medical gas endorsement and inspect medical gas piping installations.

SECTION 3.22. Sections 1301.3565(b), (c), and (f), Occupations Code, are amended to read as follows:

(b) The department [board] shall issue an endorsement as a multipurpose residential fire protection sprinkler specialist to a person who:

(1) holds the license described by Subsection (a);

(2) applies to the department [board] on a form prescribed by the department [board];

(3) pays a fee set by the commission [board];

(4) presents evidence satisfactory to the department [board] of successful completion of a training program approved by the department [board] that provides the training necessary for the proper installation of a multipurpose residential fire protection sprinkler system as required by the applicable codes and standards recognized by the state; and

(5) passes an examination required by the department [board].

(c) An endorsement issued under this section is valid until the third anniversary of the date of issuance and may be renewed on compliance with any requirements prescribed by commission [board] rule.

(f) A plumbing inspector who meets the requirements of the department [board] may inspect a multipurpose residential fire protection sprinkler installation.

SECTION 3.23. Sections 1301.357(b) and (c), Occupations Code, are amended to read as follows:

(b) The department [board] shall issue an endorsement as a water supply protection specialist to a person who:

(1) is licensed under this chapter as a master plumber or journeyman plumber;

(2) applies to the department [board] on a form prescribed by the department [board];

(3) pays a fee set by the commission [board];

(4) presents evidence satisfactory to the department [board] of successful completion of a certification program approved by the department [board] for water supply protection specialists; and

(5) passes an examination required by the department [board].

(c) An endorsement issued under this section is valid until the third anniversary of the date of issuance and may be renewed on compliance with any requirements prescribed by commission [board] rule.

SECTION 3.24. Section 1301.3575, Occupations Code, is amended to read as follows:

Sec. 1301.3575. REGISTRATION OF CERTAIN PERSONS. The department [board] shall register a person who complies with this chapter as a drain cleaner, drain cleaner-restricted registrant, residential utilities installer, or plumber's apprentice.

SECTION 3.25. Section 1301.3576, Occupations Code, is amended to read as follows:

Sec. 1301.3576. CERTIFICATE OF INSURANCE FOR RESPONSIBLE MASTER PLUMBER. When a person is issued a master plumber's license, the person must provide the department [board] with a certificate of insurance that meets the requirements of Section 1301.552 before the person works as a responsible master plumber.

SECTION 3.26. Section 1301.358, Occupations Code, is amended to read as follows:

Sec. 1301.358. OUT-OF-STATE APPLICANTS; PROVISIONAL LICENSE. (a) The department [board] may waive any prerequisite to obtaining a license for an applicant after reviewing the applicant's credentials and determining that the applicant holds a license issued by another jurisdiction that has licensing requirements substantially equivalent to those of this state.

(b) The department [board] may issue a provisional license to an applicant currently licensed in another jurisdiction who seeks a license in this state and who:

(1) has been licensed in good standing as a plumber for at least two years in another jurisdiction, including a foreign country, that has licensing requirements substantially equivalent to the requirements of this chapter;

(2) has passed a national or other examination recognized by the department [board] relating to the practice of plumbing; and

(3) is sponsored by a person licensed by the department [board] under this chapter with whom the provisional license holder will practice during the time the person holds a provisional license.

(c) The department [board] may waive the requirement of Subsection (b)(3) for an applicant if the department [board] determines that compliance with that subdivision would be a hardship to the applicant.

(d) A provisional license is valid until the date the department [board] approves or denies the provisional license holder's application for a license. The department [board] shall issue a license under this chapter to the provisional license holder if:

(1) the provisional license holder is eligible to be licensed under Subsection (a); or

(2) the provisional license holder passes the part of the examination under Section 1301.352 that relates to the applicant's knowledge and understanding of the laws and rules relating to the practice of plumbing in this state and:

(A) the department [board] verifies that the provisional license holder meets the academic and experience requirements for a license under this chapter; and

(B) the provisional license holder satisfies any other licensing requirements under this chapter.

(e) The department [board] must approve or deny a provisional license holder's application for a license not later than the 180th day after the date the provisional license is issued. The department [board] may extend the 180-day period if the results of an examination have not been received by the department [board] before the end of that period.

(f) The department [board] may establish a fee for provisional licenses in an amount reasonable and necessary to cover the cost of issuing the license.

SECTION 3.27. Section 1301.401, Occupations Code, is amended to read as follows:

Sec. 1301.401. ANNUAL RENEWAL REQUIRED. [(a)] A license or registration under this chapter is valid for one year. On payment of the required fee, a license may be renewed annually.

[(b) The board by rule may adopt a system under which licenses, endorsements, and registrations expire on various dates during the year.]

SECTION 3.28. Section 1301.402, Occupations Code, is amended to read as follows:

Sec. 1301.402. NOTICE OF CHANGE OF ADDRESS [LICENSE, ENDORSEMENT, OR REGISTRATION EXPIRATION]. A [(a) Not later than the 31st day before the expiration date of a person's license, endorsement, or registration, the board shall send written notice of the impending expiration to the person at the person's last known address according to board records.

[(b) The] person shall notify the board of any change of name or address not later than the 30th day after the date of receipt of the written notice of the impending expiration of the person's license [of any change of name or address].

SECTION 3.29. Sections 1301.403(b), (c), (e), and (f), Occupations Code, are amended to read as follows:

(b) A person whose license or endorsement has been expired for 90 days or less may renew the license or endorsement by paying to the department [agency] a renewal fee that is equal to 1-1/2 times the normally required renewal fee. A person whose registration has been expired for 90 days or less may renew the registration by paying to the department [board] a renewal fee that is equal to 1-1/2 times the normally required renewal fee.

(c) A person whose license or endorsement has been expired for more than 90 days but less than two years may renew the license or endorsement by paying to the department [agency] a renewal fee that is equal to two times the normally required renewal fee. A person whose registration has been expired for more than 90 days but less than two years may renew the registration by paying to the department [board] a renewal fee that is equal to two times the normally required renewal fee.

(e) A person who held a license, endorsement, or registration in this state, moved to another state, and is currently holding a license, endorsement, or registration and has been in practice in the other state for the two years preceding the date of application may obtain a new license, endorsement, or registration without reexamination. The person must pay to the department [agency] a fee that is equal to two times the normally required renewal fee for the license, endorsement, or registration.

(f) Not later than the 30th day before the date a person's license, endorsement, or registration is scheduled to expire, the department [agency] shall send written notice of the impending expiration to the person at the person's last known address according to the records of the department [agency].

SECTION 3.30. Section 1301.404, Occupations Code, is amended to read as follows:

Sec. 1301.404. MANDATORY CONTINUING PROFESSIONAL EDUCATION. (a) [The board shall recognize, approve, and administer continuing education programs for persons who hold licenses or endorsements under this chapter.

[(b)] A person who holds a license or endorsement under this chapter must complete at least six hours of continuing professional education each year the person holds the license or endorsement to renew the person's license or endorsement. Three of the six hours must be in the subjects of health protection, energy conservation, and water conservation.

(b) [(c)] The commission [board] by rule shall adopt the criteria for the continuing professional education.

(c) [(d)] A person may receive credit for participating in a continuing professional education program or course only if the program or course is provided:

(1) by an individual, business, or association approved by the department [board]; and

(2) according to criteria adopted by the commission [board].

(d) [(e)] A person may complete the continuing professional education requirement of this section through an online [a correspondence] course as approved by the department [board].

(e) [(f)] The commission [board] by rule may exempt certain persons from the requirements of this section if the commission [board] determines that the exemption is in the public interest.

SECTION 3.31. Section 1301.405, Occupations Code, is amended to read as follows:

Sec. 1301.405. MANDATORY TRAINING FOR DRAIN CLEANER, DRAIN CLEANER-RESTRICTED REGISTRANT, AND RESIDENTIAL UTILITIES INSTALLER. (a) To renew the certificate of registration, a person who holds a certificate of registration under this chapter as a drain cleaner, drain cleaner-restricted registrant, or residential utilities installer must annually complete at least six hours of approved training that includes training in health and safety requirements, commission-approved [board-approved] plumbing codes, and water conservation.

(b) A person may receive credit for participating in a training program only if the program is provided:

(1) by a person approved by the department [board]; and

(2) according to criteria adopted by the commission [board].

(c) The commission [board] by rule may exempt certain persons from the requirements of this section if the department [board] determines that the exemption is in the public interest.

SECTION 3.32. Section 1301.452(a), Occupations Code, is amended to read as follows:

(a) A person is subject to disciplinary action under Chapter 51 [Section 1301.451] if the person violates this chapter, an order issued by the commission or department under this chapter [board], or a commission [board] rule adopted under this chapter. A violation of this chapter includes:

(1) obtaining a license, endorsement, or registration through error or fraud;

(2) wilfully, negligently, or arbitrarily violating a municipal rule or ordinance that regulates sanitation, drainage, or plumbing;

(3) making a misrepresentation of services provided or to be provided;

(4) making a false promise with the intent to induce a person to contract for a service; or

(5) employing a person who does not hold a license or endorsement or who is not registered to engage in an activity for which a license, endorsement, or registration is required under this chapter.

SECTION 3.33. Section 1301.501(b), Occupations Code, is amended to read as follows:

(b) The commission [board] shall adopt rules under this section that include a list describing the types of plumbing to which this section applies.

SECTION 3.34. Section 1301.502(b), Occupations Code, is amended to read as follows:

(b) The commission [board] shall adopt guidelines relating to the circumstances when a field representative may issue a citation. The guidelines must encourage the use of other enforcement measures, including imposition of administrative penalties, before the issuance of a citation.

SECTION 3.35. Section 1301.507, Occupations Code, is amended to read as follows:

Sec. 1301.507. CIVIL PENALTY. A person who violates this chapter or a rule, permit, or order of the commission or department adopted under this chapter [board] is subject to a civil penalty of not less than $50 or more than $1,000 for each act of violation and for each day of violation after notice is provided to the person.

SECTION 3.36. Section 1301.5071, Occupations Code, is amended to read as follows:

Sec. 1301.5071. INFORMAL SETTLEMENT CONFERENCE; RESTITUTION. (a) The commission [board] by rule shall establish procedures under which an informal settlement conference is conducted to resolve a complaint against a person licensed under this chapter.

(b) Subject to Subsection (c), the department [board] may order a person licensed under this chapter to pay restitution to a person as provided in an agreement resulting from an informal settlement conference instead of or in addition to assessing an administrative penalty under Chapter 51 [Subchapter N].

(c) The amount of restitution ordered as provided by an agreement resulting from an informal settlement conference may not exceed the amount the person paid to the license holder for a service regulated by this chapter. The department [board] may not require payment of other damages or estimate harm in a restitution order.

SECTION 3.37. Section 1301.552, Occupations Code, is amended to read as follows:

Sec. 1301.552. CERTIFICATE OF INSURANCE FOR PLUMBING PERMIT IN POLITICAL SUBDIVISION. A political subdivision that requires a plumbing contractor to obtain a permit before performing plumbing in the political subdivision shall verify through the department's [board's] Internet website, or by contacting the department [board] by telephone, that the plumbing contractor has on file with the department [board] a certificate of insurance. The certificate of insurance must:

(1) be written by a company licensed to do business in this state;

(2) provide for commercial general liability insurance for the master plumber for a claim for property damage or bodily injury, regardless of whether the claim arises from negligence or on a contract; and

(3) provide coverage of not less than $300,000 for all claims arising in a one-year period.

SECTION 3.38. Section 132.002(a), Education Code, is amended to read as follows:

(a) The following schools or educational institutions may be exempted from this chapter by the commission under Subsection (d):

(1) a school or educational institution supported by taxation from either a local or state source;

(2) a nonprofit school owned, controlled, operated, and conducted by a bona fide religious, denominational, eleemosynary, or similar public institution exempt from property taxation under the laws of this state;

(3) a school or training program that offers instruction of purely avocational or recreational subjects as determined by the commission;

(4) a course or courses of instruction or study sponsored by an employer for the training and preparation of its own employees, and for which no tuition fee is charged to the student;

(5) a course or courses of study or instruction sponsored by a recognized trade, business, or professional organization for the instruction of the members of the organization with a closed membership;

(6) a private college or university that awards a recognized baccalaureate, or higher degree, and that maintains and operates educational programs for which a majority of the credits given are transferable to a college, junior college, or university supported entirely or partly by taxation from either a local or state source;

(7) a school or course that is otherwise regulated and approved under and pursuant to any other law or rulemaking process of this state or approved for continuing education credit by an organization that accredits courses for the maintenance of a license, except as provided by Subsection (c);

(8) an aviation school or instructor approved by and under the supervision of the Federal Aviation Administration;

(9) a school that offers intensive review of a student's acquired education, training, or experience to prepare the student for an examination, other than a high school equivalency examination, that the student by law may not take unless the student has completed or substantially completed a particular degree program, or that the student is required to take as a precondition for enrollment in or admission to a particular degree program;

(10) a private school offering primary or secondary education, which may include a kindergarten or prekindergarten program, and that satisfies the compulsory attendance requirements of Section 25.085 pursuant to Section 25.086(a)(1);

(11) a course or courses of instruction by bona fide electrical trade associations for the purpose of preparing students for electrical tests required for licensing and for the purpose of providing continuing education to students for the renewal of electrical licenses;

(12) a nonprofit arts organization that has as its primary purpose the provision of instruction in the dramatic arts and the communications media to persons younger than 19 years of age;

(13) a course or training program conducted by a nonprofit association of air conditioning and refrigeration contractors approved by the Air Conditioning and Refrigeration Contractors Advisory Board to provide instruction for technical, business, or license examination preparation programs relating to air conditioning and refrigeration contracting, as that term is defined by Chapter 1302, Occupations Code;

(14) a course of instruction by a plumbing trade association to prepare students for a plumbing test or program required for licensing, certification, or endorsement or to provide continuing education approved by the Texas Commission on Licensing and Regulation [State Board of Plumbing Examiners]; and

(15) a course of instruction in the use of technological hardware or software if the course is offered to a purchaser of the hardware or software or to the purchaser's employee by a person who manufactures and sells, or develops and sells, the hardware or software, and if the seller is not primarily in the business of providing courses of instruction in the use of the hardware or software, as determined by the commission.

SECTION 3.39. Section 411.122(d), Government Code, as amended by Chapters 213 (S.B. 1005), 450 (H.B. 2447), and 933 (H.B. 3097), Acts of the 81st Legislature, Regular Session, 2009, is reenacted and amended to read as follows:

(d) The following state agencies are subject to this section:

(1) Texas Appraiser Licensing and Certification Board;

(2) Texas Board of Architectural Examiners;

(3) Texas Board of Chiropractic Examiners;

(4) State Board of Dental Examiners;

(5) Texas Board of Professional Engineers;

(6) Texas Funeral Service Commission;

(7) Texas Board of Professional Geoscientists;

(8) Department of State Health Services, except as provided by Section 411.110, and agencies attached to the department, including:

(A) Texas State Board of Examiners of Dietitians;

(B) Texas State Board of Examiners of Marriage and Family Therapists;

(C) Midwifery Board;

(D) Texas State Perfusionist Advisory Committee;

(E) Texas State Board of Examiners of Professional Counselors;

(F) Texas State Board of Social Worker Examiners;

(G) State Board of Examiners for Speech-Language Pathology and Audiology;

(H) Advisory Board of Athletic Trainers;

(I) State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments;

(J) Texas Board of Licensure for Professional Medical Physicists; and

(K) Texas Board of Orthotics and Prosthetics;

(9) Texas Board of Professional Land Surveying;

(10) Texas Department of Licensing and Regulation, except as provided by Section 411.093;

(11) Texas Commission on Environmental Quality;

(12) Texas Board of Occupational Therapy Examiners;

(13) Texas Optometry Board;

(14) Texas State Board of Pharmacy;

(15) Texas Board of Physical Therapy Examiners;

(16) [Texas State Board of Plumbing Examiners;

[(17)] Texas State Board of Podiatric Medical Examiners;

(17) [(18)] Texas State Board of Examiners of Psychologists;

(18) [(19)] Texas Real Estate Commission;

(19) [(20)] Texas Department of Transportation;

(20) [(21)] State Board of Veterinary Medical Examiners;

(21) [(22)] Texas Department of Housing and Community Affairs;

(22) [(23)] secretary of state;

(23) [(24)] state fire marshal;

(24) [(25)] Texas Education Agency;

(25) [(26)] Department of Agriculture; and

(26) [(27)] Texas Department of Motor Vehicles.

SECTION 3.40. Section 2054.352(a), Government Code, as amended by Chapters 213 (S.B. 1005) and 450 (H.B. 2447), Acts of the 81st Legislature, Regular Session, 2009, is reenacted and amended to read as follows:

(a) The following licensing entities shall participate in the system established under Section 2054.353:

(1) Texas Board of Chiropractic Examiners;

(2) Court Reporters Certification Board;

(3) State Board of Dental Examiners;

(4) Texas Funeral Service Commission;

(5) Texas Board of Professional Land Surveying;

(6) Texas Medical Board;

(7) Texas Board of Nursing;

(8) Texas Optometry Board;

(9) Department of Agriculture, for licenses issued under Chapter 1951, Occupations Code;

(10) Texas State Board of Pharmacy;

(11) Executive Council of Physical Therapy and Occupational Therapy Examiners;

(12) [Texas State Board of Plumbing Examiners;

[(13)] Texas State Board of Podiatric Medical Examiners;

(13) [(14)] Texas State Board of Examiners of Psychologists;

(14) [(15)] State Board of Veterinary Medical Examiners;

(15) [(16)] Texas Real Estate Commission;

(16) [(17)] Texas Appraiser Licensing and Certification Board;

(17) [(18)] Texas Department of Licensing and Regulation;

(18) [(19)] Texas State Board of Public Accountancy;

(19) [(20)] State Board for Educator Certification;

(20) [(21)] Texas Board of Professional Engineers;

(21) [(22)] Department of State Health Services;

(22) [(23)] Texas Board of Architectural Examiners;

(23) [(24)] Texas Racing Commission;

(24) [(25)] Commission on Law Enforcement Officer Standards and Education; and

(25) [(26)] Texas Private Security Board.

SECTION 3.41. Sections 341.034(d) and (e), Health and Safety Code, are amended to read as follows:

(d) A person who inspects homes and businesses to identify potential or actual cross-connections or other contaminant hazards in public water systems must hold a license issued by the commission under Chapter 37, Water Code, unless the person is licensed by the Texas Department of Licensing and Regulation [State Board of Plumbing Examiners] as a plumbing inspector or water supply protection specialist.

(e) Unless the person is licensed by the Texas Department of Licensing and Regulation under Chapter 1301, Occupations Code [State Board of Plumbing Examiners], a person must hold a license issued by the commission under Chapter 37, Water Code, if, under a contract, the person:

(1) installs, exchanges, connects, maintains, or services potable water treatment equipment and appliances in public or private water systems; or

(2) analyzes water to determine how to treat influent or effluent water, alter or purify water, or add or remove a mineral, chemical, or bacterial content or substance as part of the complete installation, exchange, connection, maintenance, or service of potable water treatment equipment and appliances.

SECTION 3.42. Section 341.068(b), Health and Safety Code, is amended to read as follows:

(b) The board shall adopt rules to implement Subsection (a), including a rule that in providing sufficient restrooms a ratio of not less than 2:1 women's-to-men's restrooms or other minimum standards established in consultation with the Texas Commission of Licensing and Regulation [State Board of Plumbing Examiners] shall be maintained if the use of the restrooms is designated by gender. The rules shall apply to facilities where the public congregates and on which construction is started on or after January 1, 1994, or on which structural alterations, repairs, or improvements exceeding 50 percent of the entire facility are undertaken on or after January 1, 1994.

SECTION 3.43. Section 372.003(d), Health and Safety Code, is amended to read as follows:

(d) Rules adopted or amended under this section shall be developed by the commission in conjunction with a technical advisory panel of designated representatives of the Texas Water Development Board and the Texas Commission of Licensing and Regulation [State Board of Plumbing Examiners].

SECTION 3.44. Sections 372.0035(f) and (h), Health and Safety Code, are amended to read as follows:

(f) If a person licensed under Chapter 1301, Occupations Code, violates this section, the Texas Department of Licensing and Regulation [State Board of Plumbing Examiners] may discipline the person under Chapter 51, Occupations Code, [Subchapter I of that chapter] as if a violation of this section were a violation of the law regulating plumbing [that chapter].

(h) A field representative of the Texas Department of Licensing and Regulation [State Board of Plumbing Examiners] or, within the jurisdiction of a municipality, a municipal plumbing inspector may issue a citation to a person who violates this section.

SECTION 3.45. Section 233.154(a), Local Government Code, is amended to read as follows:

(a) A person who builds new residential construction described by Section 233.153 shall have the construction inspected to ensure building code compliance in accordance with this section as follows:

(1) for new residential construction on a vacant lot, a minimum of three inspections must be performed during the construction project to ensure code compliance, as applicable, at the following stages of construction:

(A) the foundation stage, before the placement of concrete;

(B) the framing and mechanical systems stage, before covering with drywall or other interior wall covering; and

(C) on completion of construction of the residence;

(2) for new residential construction of an addition to an existing residence as described by Section 233.151(a)(2), the inspections under Subdivision (1) must be performed as necessary based on the scope of work of the construction project; and

(3) for new residential construction on a vacant lot and for construction of an addition to an existing residence, the builder:

(A) is responsible for contracting to perform the inspections required by this subsection with:

(i) a licensed engineer;

(ii) a registered architect;

(iii) a professional inspector licensed by the Texas Real Estate Commission;

(iv) a plumbing inspector employed by a municipality and licensed by the Texas Department of Licensing and Regulation [State Board of Plumbing Examiners];

(v) a building inspector employed by a political subdivision; or

(vi) an individual certified as a residential combination inspector by the International Code Council; and

(B) may use the same inspector for all the required inspections or a different inspector for each required inspection.

SECTION 3.46. Section 113.081(d), Natural Resources Code, is amended to read as follows:

(d) The commission by rule may exempt from Section 113.082(a)(4) [of this code] journeymen or master plumbers licensed by the Texas Department of Licensing and Regulation [State Board of Plumbing Examiners].

SECTION 3.47. Section 113.087(o), Natural Resources Code, is amended to read as follows:

(o) The commission by rule may exempt from any provision of this section:

(1) a journeyman or master plumber licensed by the Texas Department of Licensing and Regulation [State Board of Plumbing Examiners];

(2) a person licensed under Chapter 1302, Occupations Code; or

(3) company representatives, operations supervisors, or employees of a testing laboratory that was registered under Section 113.135 prior to the effective date of this subsection.

SECTION 3.48. Section 113.097(j), Natural Resources Code, is amended to read as follows:

(j) The commission by rule may exempt from the insurance requirements of this section or adopt a reasonable alternative to those requirements for:

(1) a master or journeyman plumber licensed by the Texas Department of Licensing and Regulation [State Board of Plumbing Examiners]; or

(2) a person licensed under Chapter 1302, Occupations Code.

SECTION 3.49. (a) The following sections of the Occupations Code are repealed:

(1) Sections 51.351(c) and (d);

(2) Section 1301.003;

(3) Section 1301.201;

(4) Section 1301.204;

(5) Section 1301.205;

(6) Section 1301.207;

(7) Section 1301.208;

(8) Section 1301.252;

(9) Section 1301.253;

(10) Section 1301.254;

(11) Section 1301.256;

(12) Section 1301.259;

(13) Section 1301.260;

(14) Section 1301.261;

(15) Section 1301.301;

(16) Section 1301.3015;

(17) Section 1301.303;

(18) Section 1301.304;

(19) Section 1301.3521;

(20) Section 1301.355;

(21) Section 1301.451;

(22) Section 1301.4521;

(23) Section 1301.4522;

(24) Section 1301.453;

(25) Section 1301.454;

(26) Section 1301.504;

(27) Section 1301.5045;

(28) Section 1301.505; and

(29) Section 1301.506.

(b) Section 1301.258, Occupations Code, as added by Chapter 819 (S.B. 282), Acts of the 78th Legislature, Regular Session, 2003, is repealed.

(c) Subchapters C and N, Chapter 1301, Occupations Code, are repealed.

SECTION 3.50. (a) Effective May 1, 2012:

(1) the Texas State Board of Plumbing Examiners is abolished;

(2) all functions and activities performed immediately before that date by the Texas State Board of Plumbing Examiners are transferred to the Texas Department of Licensing and Regulation;

(3) a rule, form, policy, procedure, or decision of the Texas State Board of Plumbing Examiners continues in effect as a rule, form, policy, procedure, or decision of the Texas Commission of Licensing and Regulation and remains in effect until amended or replaced by the commission;

(4) a reference in law or administrative rule to the Texas State Board of Plumbing Examiners means the Texas Department of Licensing and Regulation;

(5) all money, contracts, leases, rights, property, records, and bonds and other obligations of the Texas State Board of Plumbing Examiners are transferred to the Texas Department of Licensing and Regulation;

(6) a court case, administrative proceeding, contract negotiation, or other proceeding involving the Texas State Board of Plumbing Examiners is transferred without change in status to the Texas Department of Licensing and Regulation, and the Texas Department of Licensing and Regulation assumes, without a change in status, the position of the Texas State Board of Plumbing Examiners in a negotiation or proceeding relating to an activity transferred by this Act to the Texas Department of Licensing and Regulation to which the Texas State Board of Plumbing Examiners is a party;

(7) an employee of the Texas State Board of Plumbing Examiners becomes an employee of the Texas Department of Licensing and Regulation; and

(8) any unexpended and unobligated balance of money appropriated by the legislature for the Texas State Board of Plumbing Examiners is transferred to the Texas Department of Licensing and Regulation.

(b) In the period beginning on January 1, 2012, and ending on April 30, 2012:

(1) the Texas State Board of Plumbing Examiners shall continue to perform functions and activities under the Occupations Code or other law as if the law had not been amended or repealed, as applicable, and the former law is continued in effect for that purpose; and

(2) a person who is authorized or required by law to take an action relating to the Texas State Board of Plumbing Examiners or a member of the board shall continue to take that action under the law as if the law had not been amended or repealed, as applicable, and the former law is continued in effect for that purpose.

SECTION 3.51. Before May 1, 2012, the Texas State Board of Plumbing Examiners may agree with the Texas Department of Licensing and Regulation to transfer any property of the board to the department to implement the transfer required by Section 50 of this Act.

SECTION 3.52. To the extent of any conflict, this Act prevails over another Act of the 82nd Legislature, Regular Session, 2011, relating to nonsubstantive additions to and corrections in enacted codes.

ARTICLE 4: TRANSFER OF FUNCTIONS OF THE TEXAS BOARD OF PROFESSIONAL

ENGINEERS, TEXAS BOARD OF ARCHITECTURAL EXAMINERS, AND TEXAS BOARD

OF PROFESSIONAL LAND SURVEYORS TO THE TEXAS BOARD OF PROFESSIONAL

SERVICES.

SECTION 4.01. Title 6, Occupations Code, is amended by adding Subtitle D to read as follows:

SUBTITLE D. TEXAS BOARD OF PROFESSIONAL SERVICES

CHAPTER 1081. TEXAS BOARD OF PROFESSIONAL SERVICES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 1081.001. GENERAL DEFINITIONS. (a) In this subtitle:

(1) "Board" means the Texas Board of Professional Services.

(2) "Executive director" means the executive director of the board.

(b) Unless the context clearly indicates otherwise, the definitions in Chapters 1001, 1051, 1052, and 1071 apply to this chapter.

Sec. 1081.002. APPLICATION OF SUNSET ACT. The Texas Board of Professional Services is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this title, other than Chapter 1002, expires September 1, 2021.

[Sections 1081.003-1081.050 reserved for expansion]

SUBCHAPTER B. TEXAS BOARD OF PROFESSIONAL SERVICES

Sec. 1081.051. BOARD MEMBERSHIP. (a) The Texas Board of Professional Services consists of 11 members appointed by the governor with the advice and consent of the senate as follows:

(1) five members who are licensed engineers;

(2) two members who are registered architects;

(3) one member who is a registered landscape architect;

(4) one member who is a registered professional land surveyor; and

(5) two public members.

(b) Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.

(c) The legislature shall amend the board's composition as necessary so that each profession is represented in proportion to the number of license or registration holders in that profession, except that no profession may have less than one or more than five board members.

Sec. 1081.052. MEMBER ELIGIBILITY. (a) A person may not be a public member of the board if the person or the person's spouse:

(1) is registered, certified, or licensed by a regulatory agency in the field of engineering, architecture, land surveying, or landscape architecture;

(2) is employed by or participates in the management of a business entity or other organization regulated by or receiving money from the board;

(3) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving money from the board; or

(4) uses or receives a substantial amount of tangible goods, services, or money from the board other than compensation or reimbursement authorized by law for board membership, attendance, or expenses.

(b) A member of the board must:

(1) be a citizen of the United States and a resident of this state for at least 10 years before the date of appointment; and

(2) have been engaged in the practice of engineering, architecture, land surveying, or landscape architecture, as applicable, for at least 10 years before the date of appointment.

Sec. 1081.053. MEMBERSHIP RESTRICTIONS. (a) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.

(b) A person may not be a member of the board employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) if:

(1) the person is an officer, employee, or paid consultant of a Texas trade association in the field of engineering, architecture, land surveying, or landscape architecture; or

(2) the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of engineering, architecture, land surveying, or landscape architecture.

(c) A person may not be a member of the board or act as the general counsel to the board if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the board.

Sec. 1081.054. OFFICERS. The governor shall designate a member of the board as the presiding officer of the board to serve in that capacity at the will of the governor. The board shall elect annually from its members an assistant presiding officer, a treasurer, and a secretary.

Sec. 1081.055. GROUNDS FOR REMOVAL. (a) It is a ground for removal from the board that a member:

(1) does not have at the time of taking office the qualifications required by Sections 1081.051 and 1081.052;

(2) does not maintain during service on the board the qualifications required by Sections 1081.051 and 1081.052;

(3) is ineligible for membership under Sections 1081.052 and 1081.053;

(4) cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or

(5) is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the board.

(b) The validity of an action of the board is not affected by the fact that it is taken when a ground for removal of a board member exists.

(c) If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the board of the potential ground. The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest ranking officer of the board, who shall then notify the governor and the attorney general that a potential ground for removal exists.

Sec. 1081.056. TRAINING. (a) A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes a training program that complies with this section.

(b) The training program must provide the person with information regarding:

(1) this title, other than Chapter 1002;

(2) the programs, functions, rules, and budget of the board;

(3) the results of the most recent formal audit of the board;

(4) the requirements of laws relating to open meetings, public information, administrative procedure, and conflicts of interest; and

(5) any applicable ethics policies adopted by the board or the Texas Ethics Commission.

(c) A person appointed to the board is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.

Sec. 1081.057. TERMS; VACANCY. (a) Members of the board serve staggered six-year terms, with either three or four members' terms, as applicable, expiring on January 31 of each odd-numbered year.

(b) If a vacancy occurs during a member's term, the governor shall appoint a replacement to fill the unexpired term.

Sec. 1081.058. COMPENSATION; PER DIEM. (a) A board member may not receive compensation for the member's services.

(b) A member is entitled to a per diem and travel allowance for each day the member engages in board business at the rate set for state employees in the General Appropriations Act.

Sec. 1081.059. MEETINGS. (a) The board shall hold at least two regular meetings each year.

(b) Additional meetings may be held as provided by the board's bylaws.

Sec. 1081.060. PUBLIC TESTIMONY. The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the board.

Sec. 1081.061. PARTICIPATION OF PUBLIC MEMBERS. (a) The board by majority vote may limit the participation of public members in evaluating license applications.

(b) This section does not apply to the evaluation of license applications at an official meeting of the board.

Sec. 1081.062. FILING OF OATH. Before assuming the duties of office, each board member must file with the secretary of state a copy of the constitutional oath of office taken by the member.

CHAPTER 1082. EXECUTIVE DIRECTOR AND PERSONNEL

Sec. 1082.001. EXECUTIVE DIRECTOR; DUTIES REGARDING MONEY. (a) The board may employ an executive director to conduct the affairs of the board under the board's direction. The executive director shall receive a salary in an amount determined by the board.

(b) The executive director shall receive and account for any money derived, including any fee collected, under this title, other than Chapter 1002.

Sec. 1082.002. PERSONNEL. (a) The board shall employ clerical or other assistants as necessary to perform the board's work.

(b) A salary paid under this section may not exceed the salary paid for similar work in other departments.

Sec. 1082.003. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS. (a) The executive director or the executive director's designee shall develop an intra-agency career ladder program. The program must require intra-agency posting of each nonentry level position with the board at least 10 days before the date of any public posting.

(b) The executive director or the executive director's designee shall develop a system of annual performance evaluations of the board's employees based on measurable job tasks. All merit pay authorized by the executive director must be based on the system established under this subsection.

Sec. 1082.004. DIVISION OF RESPONSIBILITIES. The board shall develop and implement policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the executive director and the staff of the board.

Sec. 1082.005. QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION. The executive director or the executive director's designee shall provide to members of the board and to board employees, as often as necessary, information regarding the requirements for office or employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees.

Sec. 1082.006. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT. (a) The executive director or the executive director's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity to ensure that all personnel decisions are made without regard to race, color, disability, sex, religion, age, or national origin.

(b) The policy statement must include:

(1) personnel policies, including policies relating to recruitment, evaluation, selection, training, and promotion of personnel, that show the intent of the board to avoid the unlawful employment practices described by Chapter 21, Labor Code; and

(2) an analysis of the extent to which the composition of the board's personnel is in accordance with state and federal law and a description of reasonable methods to achieve compliance with state and federal law.

(c) The policy statement must:

(1) be updated annually;

(2) be reviewed by the civil rights division of the Texas Workforce Commission for compliance with Subsection (b)(1); and

(3) be filed with the governor's office.

CHAPTER 1083. BOARD POWERS AND DUTIES

SUBCHAPTER A. GENERAL POWERS AND DUTIES OF BOARD

Sec. 1083.001. GENERAL POWERS AND DUTIES. (a) The board shall administer and enforce this title, other than Chapter 1002.

(b) The board may spend money for any purpose the board considers reasonably necessary for the proper performance of its duties under this title, other than Chapter 1002.

Sec. 1083.002. RULES. The board may adopt and enforce any rule or bylaw necessary to perform its duties, govern its proceedings, and regulate the practice of engineering, architecture, landscape architecture, and land surveying.

Sec. 1083.003. RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING. (a) The board by rule shall prescribe standards for compliance with Subchapter A, Chapter 2254, Government Code.

(b) Except as provided by Subsection (a), the board may not adopt rules restricting advertising or competitive bidding by a license holder except to prohibit false, misleading, or deceptive practices.

(c) In its rules to prohibit false, misleading, or deceptive practices, the board may not include a rule that:

(1) restricts the use of any medium for advertising;

(2) restricts the use of a license holder's personal appearance or voice in an advertisement;

(3) relates to the size or duration of an advertisement by the license holder; or

(4) restricts the license holder's advertisement under a trade name.

Sec. 1083.004. RULES ON CONSEQUENCES OF CRIMINAL CONVICTION. The board shall adopt rules and guidelines as necessary to comply with Chapter 53.

Sec. 1083.005. FEES. (a) The board shall establish the following fees in amounts reasonable and necessary to cover the costs of administering this title, other than Chapter 1002:

(1) license and certificate of registration fees;

(2) annual and late renewal fees;

(3) reciprocal license and registration fees;

(4) duplicate license and registration fees;

(5) engineer-in-training certificate fee;

(6) roster of license and registration holders fee;

(7) examination fees;

(8) registration fee for engineering firm; and

(9) inactive status fee.

(b) The board may set a fee for a board action involving an administrative expense in an amount that is reasonable and necessary to cover the cost of administering this title, other than Chapter 1002, unless the amount of the fee is set by this chapter or by the General Appropriations Act.

(c) The board shall set the required renewal fee under Chapter 1051 for:

(1) a resident of this state in an amount that is equal to the sum of:

(A) the amount determined by the board as reasonable and necessary to cover administrative costs; and

(B) an amount determined annually by the board as reasonable and necessary for the administration of the examination fee scholarship program under Section 1083.102; and

(2) nonresidents in an amount determined by the board.

(d) The board may accept payment of a fee by electronic means. The board may charge a fee to process the payment made by electronic means. The board shall set the processing fee in an amount that is reasonably related to the expense incurred by the board in processing the payment made by electronic means, not to exceed five percent of the amount of the fee for which the payment is made.

(e) A fee set by the board under this section may not be used for the purpose of earning additional revenue for the board.

Sec. 1083.006. STANDARDS OF CONDUCT AND ETHICS. The board may establish standards of conduct and ethics for license and registration holders in keeping with the purposes and intent of this title, other than Chapter 1002, and to ensure strict compliance with and enforcement of this title, other than Chapter 1002.

Sec. 1083.007. ROSTER OF LICENSE AND REGISTRATION HOLDERS. (a) The board shall prepare and publish a roster of persons, including business entities, licensed, registered, certified, or enrolled by the board. The roster shall include the name, business address, and other identifying information required by board rule.

(b) The board shall make the roster available to the public without cost in an online computer database format.

(c) The board shall provide a physical copy of the roster on request and may charge a reproduction and shipping fee for providing a physical copy of the roster.

Sec. 1083.008. REGISTER OF APPLICANTS. The board shall maintain a register of license and registration applications that shows:

(1) the name, age, and residence of each applicant;

(2) the date of the application;

(3) the applicant's place of business;

(4) the applicant's educational and other qualifications;

(5) whether an examination was required;

(6) whether the applicant was issued or denied a license or registration;

(7) the date of board action; and

(8) any other information the board considers necessary.

Sec. 1083.009. CONTINUING EDUCATION PROGRAMS. (a) The board shall recognize, prepare, or administer continuing education programs for its license and registration holders. A license or registration holder must participate in the programs to the extent required by the board to keep the person's license or registration.

(b) The board may not require a license or registration holder to obtain more than 15 hours of continuing education annually. The board shall permit a license or registration holder to certify at the time the license or registration is renewed that the license or registration holder has complied with the board's continuing education requirements.

(c) The board shall permit a license or registration holder to receive continuing education credit for educational, technical, ethical, or professional management activities related to the practice of engineering, architecture, landscape architecture, or land surveying, including:

(1) successfully completing or auditing a course sponsored by an institution of higher education;

(2) successfully completing a course certified by a professional or trade organization;

(3) attending a seminar, tutorial, short course, correspondence course, videotaped course, or televised course;

(4) participating in an in-house course sponsored by a corporation or other business entity;

(5) teaching a course described by Subdivisions (1)-(4);

(6) publishing an article, paper, or book on the practice of engineering, architecture, landscape architecture, or land surveying;

(7) making or attending a presentation at a meeting of a technical or engineering, architecture, landscape architecture, or land surveying management society or organization or writing a paper presented at such a meeting;

(8) participating in the activities of a professional society or association, including serving on a committee of the organization; and

(9) engaging in self-directed study.

(d) A license or registration holder may not receive more than five continuing education credit hours annually for engaging in self-directed study.

Sec. 1083.010. RECORDS. (a) The board shall maintain a record of its proceedings.

(b) The board's records shall be available to the public at all times.

(c) The board's records are prima facie evidence of the proceedings of the board set forth in the records. A transcript of the records certified by the secretary of the board under seal is admissible in evidence with the same effect as if it were the original.

Sec. 1083.011. CONFIDENTIALITY OF CERTAIN INFORMATION RELATED TO LICENSE APPLICATION. (a) A statement made by a person providing a reference for an applicant and other pertinent information compiled by or submitted to the board relating to an applicant for a license or registration under this title, other than Chapter 1002, is privileged and confidential.

(b) Information described by Subsection (a) may be used only by the board or its employees or agents who are directly involved in the application or licensing or registration process. The information is not subject to discovery, subpoena, or other disclosure.

Sec. 1083.012. SUBPOENA. (a) The board may request and, if necessary, compel by subpoena:

(1) the attendance of a witness for examination under oath; and

(2) the production for inspection or copying of records, documents, and other evidence relevant to the investigation of an alleged violation of this title, other than Chapter 1002.

(b) The board, acting through the attorney general, may bring an action to enforce a subpoena issued under Subsection (a) against a person who fails to comply with the subpoena.

(c) Venue for an action brought under Subsection (b) is in a district court in:

(1) Travis County; or

(2) the county in which the board may hold a hearing.

(d) The court shall order compliance with the subpoena if the court finds that good cause exists to issue the subpoena.

Sec. 1083.013. TECHNOLOGY POLICY. The board shall develop and implement a policy requiring the executive director and board employees to research and propose appropriate technological solutions to improve the board's ability to perform its functions. The technological solutions must:

(1) ensure that the public is able to find information about the board on the Internet;

(2) ensure that persons who want to use the board's services are able to:

(A) interact with the board through the Internet; and

(B) access any service that can be provided effectively through the Internet; and

(3) be cost-effective and developed through the board's planning processes.

Sec. 1083.014. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION POLICY. (a) The board shall develop and implement a policy to encourage the use of:

(1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of board rules; and

(2) appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the board's jurisdiction.

(b) The board's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.

(c) The board shall designate a trained person to:

(1) coordinate the implementation of the policy adopted under Subsection (a);

(2) serve as a resource for any training needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and

(3) collect data concerning the effectiveness of those procedures, as implemented by the board.

Sec. 1083.015. BOARD SEAL. (a) The board shall adopt a seal and shall use the seal on official documents.

(b) The design of the seal must include a five-pointed star with a circular border and the words "Texas Board of Professional Services" within the border.

[Sections 1083.016-1083.050 reserved for expansion]

SUBCHAPTER B. POWERS AND DUTIES OF BOARD SPECIFIC TO ENGINEERS

Sec. 1083.051. REDUCED FEES: ELDERLY, DISABLED, INACTIVE STATUS. (a) For purposes of this section, a person is disabled if the person has a mental or physical impairment that substantially limits the ability of the person to earn a living as an engineer, other than an impairment caused by a current addiction to the use of alcohol or an illegal drug or controlled substance.

(b) The board by rule may adopt reduced license fees and annual renewal fees for engineers who are:

(1) at least 65 years of age; or

(2) disabled and not actively engaged in the practice of engineering.

(c) A person entitled to reduced fees under Subsection (b)(2) shall notify the board that the person has resumed the active practice of engineering not later than the 15th day after the date the person resumes active practice.

Sec. 1083.052. FEE INCREASE. (a) The fee for a license under Chapter 1001, for the annual renewal of that license, and for a reciprocal license under Chapter 1001 is increased by $200.

(b) Of each fee increase collected, $50 shall be deposited in the foundation school fund and $150 shall be deposited in the general revenue fund.

(c) The fee increase imposed by Subsection (a) does not apply to an engineer who:

(1) meets the qualifications for an exemption under Section 1001.057 or 1001.058 but does not claim that exemption;

(2) is disabled as described by Section 1083.051;

(3) is on inactive status as provided by Section 1001.355; or

(4) is 65 years of age or older.

[Sections 1083.053-1083.100 reserved for expansion]

SUBCHAPTER C. POWERS AND DUTIES OF BOARD SPECIFIC TO ARCHITECTS

Sec. 1083.101. FEE INCREASE. (a) The fee for the issuance of a certificate to an applicant possessing a license or certificate to practice architecture in another state and the fee for the renewal of a certificate under Chapter 1051 are increased by $200.

(b) Of each fee increase collected, $50 shall be deposited in the foundation school fund and $150 shall be deposited in the general revenue fund.

Sec. 1083.102. EXAMINATION FEE SCHOLARSHIPS. (a) The board shall administer scholarships to applicants for examination under Article 3, Chapter 1051, in a manner the board determines best serves the public purpose of:

(1) promoting the professional needs of the state;

(2) increasing the number of highly trained and educated architects available to serve the residents of the state;

(3) improving the state's business environment and encouraging economic development; and

(4) identifying, recognizing, and supporting outstanding applicants who plan to pursue careers in architecture.

(b) In determining what best serves the public purpose of the scholarships as described by Subsection (a), the board shall consider at least the financial need of each person who applies for a scholarship under this section.

(c) The amount of the scholarship is the lesser of:

(1) $500; or

(2) the amount of the required examination fee.

(d) Scholarships under this section are funded by the amount added to each renewal fee under Section 1083.005(c). The board may not use more than 15 percent of the amount appropriated to the board for scholarships under this section to pay the costs of administering the scholarships.

Sec. 1083.103. DESIGN AND APPROVAL OF ARCHITECT'S SEAL. (a) The board shall prescribe and approve the seal to be used by an architect.

(b) The design of the seal must be the same as the design used by the board, except that the words "Registered Architect, State of Texas" must be used instead of "Texas Board of Professional Services."

[Sections 1083.104-1083.150 reserved for expansion]

SUBCHAPTER D. POWERS AND DUTIES OF BOARD SPECIFIC TO LANDSCAPE

ARCHITECTS

Sec. 1083.151. FEE INCREASE. (a) The fee for the issuance of a certificate of registration under Chapter 1052 and the fee for the renewal of a certificate of registration under Chapter 1052 is increased by $200.

(b) Of each fee increase collected, $50 shall be deposited in the foundation school fund and $150 shall be deposited in the general revenue fund.

Sec. 1083.152. DESIGN AND APPROVAL OF LANDSCAPE ARCHITECT'S SEAL. (a) The board shall prescribe and approve the seal to be used by a landscape architect.

(b) The design of the seal must be the same as the design used by the board, except that the words "Registered Landscape Architect, State of Texas" must be used instead of "Texas Board of Professional Services."

[Sections 1083.153-1083.200 reserved for expansion]

SUBCHAPTER E. POWERS AND DUTIES OF BOARD

SPECIFIC TO LAND SURVEYORS

Sec. 1083.201. FEE INCREASE. (a) The fee for the issuance of a certificate of registration to a registered professional land surveyor under Chapter 1071 and the fee for the renewal of a certificate of registration for a registered professional land surveyor under Chapter 1071 is increased by $200.

(b) Of each fee increase collected, $50 shall be deposited in the foundation school fund and $150 shall be deposited in the general revenue fund.

(c) This section does not apply to state agency employees who are employed by the state as land surveyors.

Sec. 1083.202. REDUCED FEES FOR ELDERLY LAND SURVEYORS. The board by rule may adopt reduced certificate of registration and license fees and annual renewal fees for land surveyors who are at least 65 years of age.

SECTION 4.02. Section 1001.002(1), Occupations Code, is amended to read as follows:

(1) "Board" means the Texas Board of Professional Services [Engineers].

SECTION 4.03. Section 1001.063, Occupations Code, is amended to read as follows:

Sec. 1001.063. ARCHITECTS AND [,] LANDSCAPE ARCHITECTS[, AND INTERIOR DESIGNERS]. This chapter or a rule adopted under this chapter does not prevent or otherwise restrict a person registered [licensed] as an architect under Chapter 1051 or [,] a landscape architect under Chapter 1052[, or an interior designer under Chapter 1053] from performing an act, service, or work that is within the definition of the person's practice under those chapters.

SECTION 4.04. Sections 1001.353(b) and (c), Occupations Code, are amended to read as follows:

(b) A person whose license has been expired for 90 days or less may renew the license by paying to the board the required annual renewal fee, a late renewal fee, and any applicable increase in fees as required by Section 1083.052 [1001.206].

(c) A person whose license has been expired for more than 90 days but less than two years may renew the license by paying to the board the required annual renewal fee, a late renewal fee, and any applicable increase in fees as required by Section 1083.052 [1001.206] for each delinquent year or part of a year.

SECTION 4.05. Section 1001.355(d), Occupations Code, is amended to read as follows:

(d) To return to active status, a license holder on inactive status must:

(1) file with the board a written notice requesting reinstatement to active status;

(2) pay the fee for the annual renewal of the license and the fee increase required by Section 1083.052 [1001.206]; and

(3) provide evidence satisfactory to the board that the person has complied with the continuing education requirements adopted by the board.

SECTION 4.06. The heading to Chapter 1051, Occupations Code, is amended to read as follows:

CHAPTER 1051. [TEXAS BOARD OF ARCHITECTURAL EXAMINERS;] GENERAL

PROVISIONS AFFECTING ARCHITECTS AND [,] LANDSCAPE ARCHITECTS[, AND

INTERIOR DESIGNERS]; PROVISIONS AFFECTING ONLY ARCHITECTS

SECTION 4.07. The heading to Article 1, Chapter 1051, Occupations Code, is amended to read as follows:

ARTICLE 1. GENERAL PROVISIONS[; BOARD OF ARCHITECTURAL EXAMINERS]

SECTION 4.08. Section 1051.001(2), Occupations Code, is amended to read as follows:

(2) "Board" means the Texas Board of Professional Services [Architectural Examiners].

SECTION 4.09. The heading to Article 2, Chapter 1051, Occupations Code, is amended to read as follows:

ARTICLE 2. GENERAL PROVISIONS APPLYING TO ARCHITECTS AND [,]

LANDSCAPE ARCHITECTS[, AND INTERIOR DESIGNERS]

SECTION 4.10. Section 1051.354, Occupations Code, is amended to read as follows:

Sec. 1051.354. FEE EXEMPTION FOR MILITARY PERSONNEL. (a) A person required to register under this subtitle who is on active duty as a member of the United States military is exempt from the payment of any fee during the person's term of service if the person:

(1) is in good standing as an architect or [,] landscape architect [, or interior designer in this state]; or

(2) was in good standing as an architect or [,] landscape architect[, or interior designer] in this state at the time the person entered into military service.

(b) A person who is exempt from payment of a fee under Subsection (a):

(1) is exempt for the remainder of the fiscal year during which the person's active duty status expires; and

(2) is entitled to have the person's name continued on the list of architects or [,] landscape architects[, or interior designers].

SECTION 4.11. Section 1051.355(b), Occupations Code, is amended to read as follows:

(b) A person whose certificate of registration is on inactive status must pay an annual renewal fee on a date and in a manner prescribed by board rule. The board shall prescribe the renewal fee under this subsection in an amount equal to the sum of:

(1) the amount determined by the board as reasonable and necessary to cover the costs of administering this section; and

(2) except as provided by Subsection (e), the additional amount required under Section 1083.005(c)(1)(B) [1051.651(b)(1)(B)] for the examination fee scholarship program.

SECTION 4.12. Section 1051.455(b), Occupations Code, is amended to read as follows:

(b) A proceeding under this section relating to an architect or [,] a landscape architect[, or an interior designer] is subject to Chapter 2001, Government Code.

SECTION 4.13. Section 1071.002(1), Occupations Code, is amended to read as follows:

(1) "Board" means the Texas Board of Professional Services [Land Surveying].

SECTION 4.14. Section 2, Self-Directed Semi-Independent Agency Act (Article 8930, Revised Statutes), is amended to read as follows:

Sec. 2. The Texas State Board of Public Accountancy [following agencies] shall be part of the pilot project created by this Act[:

[(1) the Texas State Board of Public Accountancy;

[(2) the Texas Board of Professional Engineers; and

[(3) the Texas Board of Architectural Examiners].

SECTION 4.15. Section 6(c), Self-Directed Semi-Independent Agency Act (Article 8930, Revised Statutes), is amended to read as follows:

(c) The Texas State Board of Public Accountancy shall annually remit $703,344 to the general revenue fund[, the Texas Board of Professional Engineers shall annually remit $373,900 to the general revenue fund, and the Texas Board of Architectural Examiners shall annually remit $510,000 to the general revenue fund].

SECTION 4.16. Section 61.0822, Education Code, is amended to read as follows:

Sec. 61.0822. CONTRACT WITH TEXAS BOARD OF PROFESSIONAL SERVICES [ARCHITECTURAL EXAMINERS]. The board may contract with the Texas Board of Professional Services [Architectural Examiners] to administer the examination fee scholarship program established under Section 1083.102 [1051.206], Occupations Code.

SECTION 4.17. Section 411.122(d), Government Code, as amended by Chapters 213 (S.B. 1005), 450 (H.B. 2447), and 933 (H.B. 3097), Acts of the 81st Legislature, Regular Session, 2009, is reenacted and amended to read as follows:

(d) The following state agencies are subject to this section:

(1) Texas Appraiser Licensing and Certification Board;

(2) Texas Board of Professional Services [Architectural Examiners];

(3) Texas Board of Chiropractic Examiners;

(4) State Board of Dental Examiners;

(5) [Texas Board of Professional Engineers;

[(6)] Texas Funeral Service Commission;

(6) [(7)] Texas Board of Professional Geoscientists;

(7) [(8)] Department of State Health Services, except as provided by Section 411.110, and agencies attached to the department, including:

(A) Texas State Board of Examiners of Dietitians;

(B) Texas State Board of Examiners of Marriage and Family Therapists;

(C) Midwifery Board;

(D) Texas State Perfusionist Advisory Committee;

(E) Texas State Board of Examiners of Professional Counselors;

(F) Texas State Board of Social Worker Examiners;

(G) State Board of Examiners for Speech-Language Pathology and Audiology;

(H) Advisory Board of Athletic Trainers;

(I) State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments;

(J) Texas Board of Licensure for Professional Medical Physicists; and

(K) Texas Board of Orthotics and Prosthetics;

(8) [(9) Texas Board of Professional Land Surveying;

[(10)] Texas Department of Licensing and Regulation, except as provided by Section 411.093;

(9) [(11)] Texas Commission on Environmental Quality;

(10) [(12)] Texas Board of Occupational Therapy Examiners;

(11) [(13)] Texas Optometry Board;

(12) [(14)] Texas State Board of Pharmacy;

(13) [(15)] Texas Board of Physical Therapy Examiners;

(14) [(16)] Texas State Board of Plumbing Examiners;

(15) [(17)] Texas State Board of Podiatric Medical Examiners;

(16) [(18)] Texas State Board of Examiners of Psychologists;

(17) [(19)] Texas Real Estate Commission;

(18) [(20)] Texas Department of Transportation;

(19) [(21)] State Board of Veterinary Medical Examiners;

(20) [(22)] Texas Department of Housing and Community Affairs;

(21) [(23)] secretary of state;

(22) [(24)] state fire marshal;

(23) [(25)] Texas Education Agency;

(24) [(26)] Department of Agriculture; and

(25) [(27)] Texas Department of Motor Vehicles.

SECTION 4.18. Section 469.104, Government Code, is amended to read as follows:

Sec. 469.104. FAILURE TO SUBMIT PLANS AND SPECIFICATIONS. The commission shall report to the Texas Board of Professional Services [Architectural Examiners, the Texas Board of Professional Engineers, or another appropriate licensing authority] the failure of any architect, [interior designer,] landscape architect, or engineer to submit or resubmit in a timely manner plans and specifications to the department as required by this subchapter.

SECTION 4.19. Section 2054.352(a), Government Code, as amended by Chapters 213 (S.B. 1005) and 450 (H.B. 2447), Acts of the 81st Legislature, Regular Session, 2009, is reenacted and amended to read as follows:

(a) The following licensing entities shall participate in the system established under Section 2054.353:

(1) Texas Board of Chiropractic Examiners;

(2) Court Reporters Certification Board;

(3) State Board of Dental Examiners;

(4) Texas Funeral Service Commission;

(5) Texas Board of Professional Services [Land Surveying];

(6) Texas Medical Board;

(7) Texas Board of Nursing;

(8) Texas Optometry Board;

(9) Department of Agriculture, for licenses issued under Chapter 1951, Occupations Code;

(10) Texas State Board of Pharmacy;

(11) Executive Council of Physical Therapy and Occupational Therapy Examiners;

(12) Texas State Board of Plumbing Examiners;

(13) Texas State Board of Podiatric Medical Examiners;

(14) Texas State Board of Examiners of Psychologists;

(15) State Board of Veterinary Medical Examiners;

(16) Texas Real Estate Commission;

(17) Texas Appraiser Licensing and Certification Board;

(18) Texas Department of Licensing and Regulation;

(19) Texas State Board of Public Accountancy;

(20) State Board for Educator Certification;

(21) [Texas Board of Professional Engineers;

[(22)] Department of State Health Services;

(22) [(23) Texas Board of Architectural Examiners;

[(24)] Texas Racing Commission;

(23) [(25)] Commission on Law Enforcement Officer Standards and Education; and

(24) [(26)] Texas Private Security Board.

SECTION 4.20. Section 2166.202(b), Government Code, is amended to read as follows:

(b) The commission, in consultation with the Texas Board of Professional Services [Architectural Examiners and the Texas Board of Professional Engineers], shall adopt by rule criteria to evaluate the competence and qualifications of a prospective private design professional.

SECTION 4.21. Section 361.901(6), Health and Safety Code, is amended to read as follows:

(6) "Licensed professional engineer" means a person licensed by the Texas Board of Professional Services [Engineers].

SECTION 4.22. Section 366.071(c), Health and Safety Code, is amended to read as follows:

(c) A person who conducts preconstruction site evaluations, including visiting a site and performing a soil analysis, a site survey, or other activities necessary to determine the suitability of a site for an on-site sewage disposal system must hold a license issued by the commission under Chapter 37, Water Code, unless the person is licensed by the Texas Board of Professional Services [Engineers] as an engineer.

SECTION 4.23. Section 2210.102(g), Insurance Code, is amended to read as follows:

(g) The commissioner shall appoint one person to serve as a nonvoting member of the board to advise the board regarding issues relating to the inspection process. The commissioner may give preference in an appointment under this subsection to a person who is a qualified inspector under Section 2210.254. The nonvoting member appointed under this section must:

(1) be an engineer licensed by, and in good standing with, the Texas Board of Professional Services [Engineers];

(2) reside in a first tier coastal county; and

(3) be knowledgeable of, and have professional expertise in, wind-related design and construction practices in coastal areas that are subject to high winds and hurricanes.

SECTION 4.24. Section 2210.255(a), Insurance Code, is amended to read as follows:

(a) On request of an engineer licensed by the Texas Board of Professional Services [Engineers], the commissioner shall appoint the engineer as an inspector under this subchapter not later than the 10th day after the date the engineer delivers to the commissioner information demonstrating that the engineer is qualified to perform windstorm inspections under this subchapter.

SECTION 4.25. Section 2210.256(f), Insurance Code, is amended to read as follows:

(f) If an appointee is an engineer licensed by the Texas Board of Professional Services [Engineers] who is found by the department to have knowingly, wilfully, fraudulently, or with gross negligence signed or caused to be prepared an inspection report that contains a false or fraudulent statement, the commissioner may take action against the appointee in the manner provided by Subsections (a) and (b) but may not assess a fine against the appointee. The commissioner shall notify the Texas Board of Professional Services [Engineers] of an order issued by the commissioner against an appointee who is an engineer licensed by that board, including an order suspending or revoking the appointment of the person.

SECTION 4.26. Section 214.215(d), Local Government Code, is amended to read as follows:

(d) A municipality may:

(1) adopt the rehabilitation code or prescriptive provisions for rehabilitation recommended by the Texas Board of Professional Services [Architectural Examiners]; or

(2) amend its rehabilitation code or prescriptive provisions for rehabilitation.

SECTION 4.27. Section 89.023(a), Natural Resources Code, is amended to read as follows:

(a) The commission may grant an extension of the deadline for plugging an inactive well if the operator maintains a current organization report with the commission as required by Section 91.142 and if, on or before the date of renewal of the operator's organization report as required by that section, the operator files with the commission an application for an extension that includes:

(1) an affirmation that complies with Section 89.029;

(2) a statement that the well and associated facilities are in compliance with all commission rules and orders;

(3) a statement that the operator has, and on request will provide, evidence of a good faith claim to a continuing right to operate the well; and

(4) at least one of the following:

(A) documentation that since the preceding date that the operator's organization report was required to be renewed the operator has plugged, or restored to active operation as defined by commission rule, a number of inactive wells equal to or greater than 10 percent of the number of inactive wells operated by the operator on that date;

(B) an abeyance of plugging report on a form approved by the commission that:

(i) is in the form of a certification signed by an engineer [a person] licensed by the Texas Board of Professional Services [Engineers] or a person licensed by the Texas Board of Professional Geoscientists;

(ii) includes:

(a) an affirmation by the licensed person that the well has:

(1) a reasonable expectation of economic value in excess of the cost of plugging the well for the duration of the period covered by the report, based on the cost calculation for plugging an inactive well; and

(2) a reasonable expectation of being restored to a beneficial use that will prevent waste of oil or gas resources that otherwise would not be produced if the well were plugged; and

(b) appropriate documentation demonstrating the basis for the affirmation of the well's future utility; and

(iii) specifies the field and the covered wells within that field in a format prescribed by the commission;

(C) a statement that the well is part of an enhanced oil recovery project;

(D) if the operator of the well is not currently otherwise required by commission rule or order to conduct a fluid level or hydraulic pressure test of the well, documentation of the results of a successful fluid level or hydraulic pressure test of the well conducted in accordance with the commission's rules in effect at the time the test is conducted;

(E) a supplemental bond, letter of credit, or cash deposit sufficient for each well specified in the application that:

(i) complies with the requirements of Chapter 91; and

(ii) is of an amount at least equal to the cost calculation for plugging an inactive well for each well specified in the application;

(F) documentation of the deposit with the commission each time the operator files an application of an amount of escrow funds as prescribed by commission rule that equal at least 10 percent of the total cost calculation for plugging an inactive well for each well specified in the application; or

(G) if the operator is a publicly traded entity:

(i) the following documents:

(a) a copy of the operator's federal documents filed to comply with Financial Accounting Standards Board Statement No. 143, Accounting for Asset Retirement Obligations; and

(b) an original, executed Uniform Commercial Code Form 1 Financing Statement, filed with the secretary of state, that:

(1) names the operator as the "debtor" and the Railroad Commission of Texas as the "secured creditor"; and

(2) specifies the funds covered by the documents described by Sub-subparagraph (a) in the amount of the cost calculation for plugging an inactive well for each well specified in the application; or

(ii) a blanket bond in the amount of the lesser of:

(a) the cost calculation for plugging any inactive wells; or

(b) $2 million.

SECTION 4.28. The following provisions of the Occupations Code are repealed:

(1) Section 1001.005;

(2) Subchapters C, D, and E, Chapter 1001;

(3) Sections 1051.001(3) and (4);

(4) Section 1051.003;

(5) Subchapters B, C, and D, Article 1, Chapter 1051;

(6) Section 1051.604;

(7) Subchapter M, Article 3, Chapter 1051;

(8) Subchapter B, Chapter 1052;

(9) Chapter 1053;

(10) Section 1071.003; and

(11) Subchapters B, C, and D, Chapter 1071.

SECTION 4.29. (a) The Texas Board of Professional Engineers, the Texas Board of Architectural Examiners, and the Texas Board of Professional Land Surveying are abolished but continue in existence until September 1, 2012, for the sole purpose of transferring obligations, property, employees, rights, powers, and duties to the Texas Board of Professional Services created under Subtitle D, Title 6, Occupations Code, as added by this Act. The Texas Board of Professional Services assumes all of the obligations, property, rights, powers, and duties of the Texas Board of Professional Engineers, the Texas Board of Architectural Examiners, and the Texas Board of Professional Land Surveying, as they exist immediately before the effective date of this Act. All unexpended funds appropriated to the Texas Board of Professional Engineers, the Texas Board of Architectural Examiners, and the Texas Board of Professional Land Surveying are transferred to the Texas Board of Professional Services. The transfer of the obligations, property, rights, powers, and duties of the Texas Board of Professional Engineers, the Texas Board of Architectural Examiners, and the Texas Board of Professional Land Surveying to the Texas Board of Professional Services must be completed not later than September 1, 2012.

(b) All rules of the Texas Board of Professional Engineers, the Texas Board of Architectural Examiners, and the Texas Board of Professional Land Surveying are continued in effect as rules of the Texas Board of Professional Services until superseded by a rule of the Texas Board of Professional Services. A certificate, license, registration, or other authorization issued by the Texas Board of Professional Engineers, the Texas Board of Architectural Examiners, or the Texas Board of Professional Land Surveying is continued in effect as provided by the law in effect immediately before the effective date of this Act. An application for a certificate, license, registration, or other authorization pending on the effective date of this Act is continued without change in status after the effective date of this Act. Except as provided by Sections 5.04 and 5.05 of this article, a complaint, investigation, contested case, or other proceeding pending on the effective date of this Act is continued without change in status after the effective date of this Act.

(c) A reference in another law or an administrative rule to the Texas Board of Professional Engineers, the Texas Board of Architectural Examiners, or the Texas Board of Professional Land Surveying means the Texas Board of Professional Services.

SECTION 4.30. (a) In making the initial appointments to the Texas Board of Professional Services, the governor shall appoint:

(1) three members to serve terms expiring February 1, 2013;

(2) four members to serve terms expiring February 1, 2015; and

(3) four members to serve terms expiring February 1, 2017.

(b) Not later than March 1, 2012, each initial board member appointed under this section must complete the training required by Section 1081.056, Occupations Code, as added by this Act. Before March 1, 2012, Section 1081.056(a) does not apply to an initial board member.

SECTION 4.31. Not later than the 90th day after the date that a majority of the members of the Texas Board of Professional Services are appointed under Section 5.02 of this article and qualify for office, the board shall appoint an executive director under Section 1082.001, Occupations Code, as added by this Act. A person who is the executive director of the Texas Board of Professional Engineers, the Texas Board of Architectural Examiners, or the Texas Board of Professional Land Surveying on, or within one year preceding, the effective date of this Act is not eligible to be employed as the initial executive director under this section.

SECTION 4.32. An offense under Section 1053.351, Occupations Code, may not be prosecuted after the effective date of this Act. If on the effective date of this Act a criminal action is pending for an offense under Section 1053.351, Occupations Code, the action is dismissed on that date. However, a final conviction for an offense under Section 1053.351, Occupations Code, that exists on the effective date of this Act is unaffected by this Act.

SECTION 4.33. The Texas Board of Architectural Examiners may not institute a disciplinary action under Section 1053.251, Occupations Code, administrative penalty under Section 1051.451, Occupations Code, or other enforcement action under Chapter 1051 or 1053, Occupations Code, on or after the effective date of this Act. If on the effective date of this Act a disciplinary action under Section 1053.251, Occupations Code, administrative penalty under Section 1051.451, Occupations Code, or other enforcement action under Chapter 1051 or 1053, Occupations Code, is pending, the action is dismissed on that date. However, a final decision or an order for a disciplinary action under Section 1053.251, Occupations Code, administrative penalty under Section 1051.451, Occupations Code, or other enforcement action under Chapter 1051 or 1053, Occupations Code, that exists on the effective date of this Act is unaffected by this Act.

SECTION 4.34. To the extent of any conflict, this Act prevails over another Act of the 82nd Legislature, Regular Session, 2011, relating to nonsubstantive additions to and corrections in enacted codes.

ARTICLE 5. ABOLITION OF THE SUPER COLLIDER FACILITY RESEARCH

AUTHORITY.

SECTION 5.1. Chapter 2301, Government Code, is repealed.

ARTICLE 6. EFFECTIVE DATE

SECTION 6.1. This Act takes effect September 1, 2011.