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By: Carona |
S.B. No. 1168 |
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(In the Senate - Filed March 4, 2011; March 16, 2011, read |
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first time and referred to Committee on Business and Commerce; |
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April 11, 2011, reported adversely, with favorable Committee |
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Substitute by the following vote: Yeas 6, Nays 0; April 11, 2011, |
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sent to printer.) |
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COMMITTEE SUBSTITUTE FOR S.B. No. 1168 |
By: Carona |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the repeal of the certification process for personnel |
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service owners and the regulation of personnel services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2501.202, Occupations Code, is amended |
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to read as follows: |
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Sec. 2501.202. INJUNCTION AND OTHER REMEDIES. A plaintiff |
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in an action filed under Section 2501.201 may obtain: |
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(1) an order enjoining the defendant from violating |
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this chapter; |
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(2) any order necessary to restore to the plaintiff |
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any property acquired by the defendant in violation of this |
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chapter; or |
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(3) other relief the court considers proper, |
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including: |
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(A) the appointment of a receiver if the judgment |
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against the defendant is not satisfied within three months after |
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the date of the final judgment; or |
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(B) [the revocation of a certificate authorizing
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the defendant to engage in business in this state; or
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[(C)] an order enjoining the defendant from |
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acting as a personnel service. |
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SECTION 2. The following provisions of the Occupations Code |
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are repealed: |
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(1) Subdivisions (2), (3-a), and (4-a), Section |
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2501.001; |
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(2) Subsection (c), Section 2501.201; |
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(3) Section 2501.253; and |
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(4) Subchapters B and D, Chapter 2501. |
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SECTION 3. The changes in law made by this Act apply only to |
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liability for relief in an action under Section 2501.201, |
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Occupations Code, filed on or after the effective date of this Act. |
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An action filed before the effective date of this Act is governed by |
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the law in effect when the action was filed, and the former law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |
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* * * * * |