H.B. No. 3167
 
 
 
 
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  Chapter 2105, Occupations Code, is repealed.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.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3167 was passed by the House on May
  13, 2011, by the following vote:  Yeas 138, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 3167 was passed by the Senate on May
  24, 2011, by the following vote:  Yeas 31, Nays 0
  .
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor