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AN ACT
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relating to a provisional license to practice funeral directing or |
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embalming; amending provisions subject to a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 651.253(a), Occupations Code, is amended |
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to read as follows: |
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(a) To be eligible for a funeral director's license or an |
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embalmer's license, an applicant must: |
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(1) be at least 18 years of age; |
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(2) have graduated from an accredited high school or |
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passed an examination prescribed by the Texas Education Agency; |
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(3) have graduated from an accredited school or |
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college of mortuary science; |
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(4) unless the applicant holds a reciprocal |
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[embalmer's] license, have completed the requirements of the |
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provisional license program [served as a provisional license holder
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for not less than one year under the personal supervision and
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instruction of a funeral director or embalmer, as applicable]; and |
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(5) have successfully completed the applicable |
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written examination described by Section 651.255 or 651.256. |
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SECTION 2. Section 651.302, Occupations Code, is amended to |
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read as follows: |
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Sec. 651.302. APPLICATION; ISSUANCE OF PROVISIONAL |
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LICENSE. (a) The commission shall issue a provisional license to |
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practice funeral directing to an applicant who: |
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(1) is at least 18 years of age; |
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(2) has completed the educational requirements of |
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Section 651.253 or is enrolled in an accredited school or college of |
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mortuary science; |
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(3) is employed by a funeral establishment [director] |
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to learn funeral directing [or embalming] under the instruction and |
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supervision of a [the] funeral director; |
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(4) files an application for a provisional license on |
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a form provided by the commission and verified under oath by the |
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applicant; [and] |
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(5) pays any required application or license fee; and |
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(6) complies with the requirements of this chapter and |
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of the commission. |
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(b) The commission shall issue a provisional license to |
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practice embalming to an applicant who: |
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(1) is at least 18 years of age; |
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(2) has completed the educational requirements of |
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Section 651.253 or is enrolled in an accredited school or college of |
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mortuary science; |
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(3) is employed by a funeral establishment or |
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commercial embalming facility to learn embalming under the |
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instruction and supervision of an embalmer; |
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(4) files an application for a provisional license on |
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a form provided by the commission and verified under oath by the |
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applicant; |
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(5) [(4)] pays any required application or license |
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fee; and |
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(6) [(5)] complies with the requirements of this |
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chapter and of the commission. |
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(c) The commission shall waive the requirements of |
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Subsection (a)(2) or (b)(2) for a period not to exceed 12 months for |
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an applicant who is otherwise qualified and shall issue to the |
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applicant a provisional license that expires at the end of that |
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period. |
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(d) An applicant must submit to a criminal background check |
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before submitting an application for a license. |
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SECTION 3. Section 651.303, Occupations Code, is amended by |
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adding Subsections (a-1), (e-1), and (g) and amending Subsection |
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(d) to read as follows: |
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(a-1) A provisional license holder may work only: |
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(1) in a funeral establishment or commercial embalming |
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facility licensed by the commission; and |
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(2) under the direct and personal supervision of a |
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funeral director or embalmer, as applicable. |
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(d) The provisional license program must include assisting |
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with at least 45 [60] cases. Not more than two provisional license |
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holders may receive credit for work done on any one body. The |
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commission by rule shall: |
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(1) define the standards for a case; |
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(2) set the number of cases a provisional license |
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holder is required to complete during the program; and |
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(3) establish guidelines for supervision under which a |
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provisional license holder is granted increased responsibilities |
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during the course of the provisional license program. |
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(e-1) The commission by rule shall prescribe case reporting |
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requirements for provisional license holders. The commission shall |
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provide case report forms to be used by a provisional license |
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holder. |
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(g) When conducting funeral arrangements, a provisional |
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license holder shall inform family members and other persons with |
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whom the arrangements are being made that the license holder has a |
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provisional license and works under the personal supervision of a |
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licensed funeral director. |
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SECTION 4. Section 651.3035(a), Occupations Code, is |
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amended to read as follows: |
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(a) A funeral directing or embalming case completed for |
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credit while attending an accredited [under Section 651.303(d) may
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serve as credit for both] mortuary school or college may serve as |
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credit toward [and] the provisional license holder program. |
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SECTION 5. The heading to Section 651.304, Occupations |
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Code, is amended to read as follows: |
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Sec. 651.304. EMPLOYMENT NOTIFICATION [REPORTS]. |
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SECTION 6. Section 651.304, Occupations Code, is amended by |
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amending Subsections (a) and (d) and adding Subsection (b) to read |
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as follows: |
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(a) On entering employment with a funeral establishment or |
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commercial embalming facility [director or embalmer], a |
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provisional license holder shall immediately notify the commission |
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of the name of the establishment or facility where [and place of
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business of the funeral director or embalmer under whom] the |
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provisional license holder will train. The funeral director or |
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embalmer in charge must [shall] sign the notification. |
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(b) A provisional license holder must be employed by a |
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funeral establishment or commercial embalming facility, as |
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applicable, during the term of the provisional license. If a |
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provisional license holder is not employed as required by this |
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subsection, the commission shall cancel the provisional license. |
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(d) If a provisional license holder leaves the employment of |
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the funeral establishment or commercial embalming facility [a
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funeral director or embalmer], the funeral director or embalmer in |
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charge shall prepare an affidavit showing the length of time the |
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provisional license holder was employed and the number of cases |
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handled while employed by the establishment or facility [funeral
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director or embalmer]. The funeral director or embalmer shall file |
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the original affidavit [shall be filed] with the commission as [and
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made] a matter of record. The funeral director or embalmer shall |
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provide a [A] copy of the affidavit [shall be furnished] to the |
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provisional license holder. |
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SECTION 7. Subchapter G, Chapter 651, Occupations Code, is |
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amended by adding Section 651.3045 to read as follows: |
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Sec. 651.3045. TERM OF PROVISIONAL LICENSE. (a) Except as |
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provided by Subsection (c), a provisional license is valid for 12 |
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consecutive months and may be renewed only once for a period not to |
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exceed an additional 12 consecutive months. |
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(b) The commission shall cancel a provisional license if the |
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license holder fails to complete the licensing requirements of the |
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provisional license program within 24 consecutive months. |
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(c) If a provisional license holder holds a provisional |
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license issued under Section 651.302(c), the provisional license |
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may be renewed for a period not to exceed 24 consecutive months and |
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the provisional license holder must complete the licensing |
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requirements of the provisional license program within 36 |
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consecutive months. |
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(d) A provisional license holder who completes the |
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requirements of the provisional license program and is otherwise |
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eligible for a funeral director's or embalmer's license may receive |
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that license regardless of the date the provisional license is due |
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to expire. |
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SECTION 8. Section 651.305, Occupations Code, is amended by |
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amending Subsections (c) and (d) and adding Subsections (d-1), |
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(d-2), and (d-3) to read as follows: |
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(c) If a provisional license holder fails to renew the |
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provisional license [timely pay the renewal fee], the commission |
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shall: |
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(1) impose a late payment penalty equal to the amount |
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of the license renewal fee; |
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(2) suspend the license for nonpayment; and |
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(3) notify the provisional license holder of the |
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suspension. |
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(d) If the renewal fee and penalty are not paid before the |
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91st day after the date of the notice of suspension, the commission |
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shall cancel the license. |
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(d-1) If the license is canceled under Subsection (d) [this
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subsection], the provisional license holder may apply for |
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reinstatement not later than the date the license would have |
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expired if the license had been renewed [not later than 18 months
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after the date of cancellation]. The commission may reinstate the |
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canceled license if: |
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(1) all other commission requirements are satisfied; |
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and |
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(2) the license fee and a late payment penalty equal to |
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the amount of the license fee for the period of the cancellation are |
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paid. |
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(d-2) A reinstated license expires on the date the license |
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would have expired if the license had been timely renewed. |
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(d-3) A provisional license holder may not work as a funeral |
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director or embalmer while the license is suspended or canceled. |
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SECTION 9. Subchapter G, Chapter 651, Occupations Code, is |
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amended by adding Section 651.3055 to read as follows: |
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Sec. 651.3055. REAPPLICATION FOR PROVISIONAL LICENSE. (a) |
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A person who does not complete the provisional license program |
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within the prescribed period may reapply for a provisional license. |
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(b) A person who reapplies for a provisional license must |
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comply with the requirements of Section 651.303. Casework performed |
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under a previous provisional license may not be counted toward the |
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requirements for the new provisional license. The commission may |
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adopt rules to allow casework performed under a previous |
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provisional license to transfer to a new provisional license if the |
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license holder requests a hardship exemption. |
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(c) A person may reapply for a provisional license under |
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this section only once. |
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SECTION 10. The following sections of the Occupations Code |
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are repealed: |
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(1) Sections 651.303(b) and (c); |
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(2) Section 651.304(e); and |
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(3) Sections 651.305(e) and (f). |
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SECTION 11. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1219 was passed by the House on April |
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15, 2015, by the following vote: Yeas 140, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1219 was passed by the Senate on May |
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8, 2015, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |