|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the abolishment of the state regulation of talent |
|
agencies and personnel services. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
ARTICLE 1. TALENT AGENCIES |
|
SECTION 1.01. Chapter 2105, Occupations Code, is repealed. |
|
SECTION 1.02. (a) An action, including a disciplinary or |
|
administrative proceeding, pending under Chapter 51 or 2105, |
|
Occupations Code, on the effective date of this Act related to a |
|
violation of Chapter 2105, Occupations Code, as that chapter |
|
existed immediately before the effective date of this Act, is |
|
dismissed. |
|
(b) An administrative penalty assessed by the Texas |
|
Commission of Licensing and Regulation related to a violation of |
|
Chapter 2105, Occupations Code, as that chapter existed immediately |
|
before the effective date of this Act, may be collected as provided |
|
by Chapter 51, Occupations Code. |
|
(c) The changes in law made by this Act do not affect the |
|
pending prosecution of an offense under Chapter 2105, Occupations |
|
Code, as that chapter existed immediately before the effective date |
|
of this Act. An offense committed before the effective date of this |
|
Act is governed by the law in effect at the time the offense was |
|
committed, and the former law is continued in effect for that |
|
purpose. For purposes of this section, an offense was committed |
|
before the effective date of this Act if any element of the offense |
|
was committed before that date. |
|
(d) The Texas Department of Licensing and Regulation shall |
|
return to a person who holds a valid registration under Chapter |
|
2105, Occupations Code, as that chapter existed immediately before |
|
the effective date of this Act, a prorated portion of the fee paid |
|
to the department for the issuance or renewal of the registration. |
|
ARTICLE 2. PERSONNEL SERVICES |
|
SECTION 2.01. Section 2501.202, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 2501.202. INJUNCTION AND OTHER REMEDIES. A plaintiff |
|
in an action filed under Section 2501.201 may obtain: |
|
(1) an order enjoining the defendant from violating |
|
this chapter; |
|
(2) any order necessary to restore to the plaintiff |
|
any property acquired by the defendant in violation of this |
|
chapter; or |
|
(3) other relief the court considers proper, |
|
including: |
|
(A) the appointment of a receiver if the judgment |
|
against the defendant is not satisfied within three months after |
|
the date of the final judgment; or |
|
(B) [the revocation of a certificate authorizing
|
|
the defendant to engage in business in this state; or
|
|
[(C)] an order enjoining the defendant from |
|
acting as a personnel service. |
|
SECTION 2.02. The following provisions of the Occupations |
|
Code are repealed: |
|
(1) Sections 2501.001(2), (3-a), and (4-a); |
|
(2) Section 2501.201(c); |
|
(3) Section 2501.253; and |
|
(4) Subchapters B and D, Chapter 2501. |
|
SECTION 2.03. (a) An action pending on the effective date of |
|
this Act related to a violation of Section 2501.102, Occupations |
|
Code, is dismissed. |
|
(b) An administrative penalty assessed by the Texas |
|
Department of Licensing and Regulation related to a violation of |
|
Chapter 2501, Occupations Code, as that chapter existed immediately |
|
before the effective date of this Act, may be collected as provided |
|
by Chapter 51, Occupations Code. |
|
(c) The Texas Department of Licensing and Regulation shall |
|
return to a person who holds a valid certificate of authority under |
|
Chapter 2501, Occupations Code, as that chapter existed immediately |
|
before the effective date of this Act, a prorated portion of the fee |
|
paid to the department for the issuance or renewal of the |
|
certificate of authority. |
|
ARTICLE 3. EFFECTIVE DATE |
|
SECTION 3.01. This Act takes effect September 1, 2011. |