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A BILL TO BE ENTITLED
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AN ACT
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relating to the repeal of certain occupational license fees and |
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taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 201.354(d) and (g), Occupations Code, |
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are amended to read as follows: |
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(d) A person whose license has been expired for 90 days or |
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less may renew the license by paying to the board a renewal fee that |
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is equal to [the sum of] 1-1/2 times the annual renewal fee set by |
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the board under Section 201.153(a) [and the increase in that fee
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required by Section 201.153(b)]. If a person's license has been |
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expired for more than 90 days but less than one year, the person may |
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renew the license by paying to the board a renewal fee that is equal |
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to [the sum of] two times the annual renewal fee set by the board |
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under Section 201.153(a) [and the increase in that fee required by
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Section 201.153(b)]. |
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(g) A person may renew a license that has been expired for at |
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least one year but not more than three years if: |
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(1) the board determines according to criteria adopted |
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by board rule that the person has shown good cause for the failure |
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to renew the license; and |
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(2) the person pays to the board: |
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(A) the annual renewal fee set by the board under |
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Section 201.153(a) for each year in which the license was expired; |
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and |
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(B) an additional fee in an amount equal to the |
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sum of: |
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(i) the annual renewal fee set by the board |
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under Section 201.153(a), multiplied by the number of years the |
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license was expired, prorated for fractional years; and |
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(ii) two times the annual renewal fee set by |
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the board under Section 201.153(a)[; and
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[(C)
the increase in the annual renewal fee
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required by Section 201.153(b)]. |
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SECTION 2. Section 351.304(b), Occupations Code, is amended |
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to read as follows: |
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(b) A person whose license has been expired for 90 days or |
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less may renew the license by paying to the board a renewal fee that |
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is equal to [the sum of] one and one-half times the annual renewal |
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fee set by the board under Section 351.152 [and the additional fee
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required by Section 351.153]. If a person's license has been |
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expired for more than 90 days but less than one year, the person may |
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renew the license by paying to the board a renewal fee that is equal |
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to [the sum of] two times the annual renewal fee set by the board |
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under Section 351.152 [and the additional fee required by Section
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351.153]. |
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SECTION 3. Section 351.306(b), Occupations Code, is amended |
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to read as follows: |
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(b) The person must pay to the board a fee that is equal to |
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the amount of the renewal fee set by the board under Section 351.152 |
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[351.153(a)]. |
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SECTION 4. Sections 801.303(b) and (c), Occupations Code, |
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are amended to read as follows: |
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(b) A person whose license has been expired for 90 days or |
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less may renew the license by paying to the board a renewal fee that |
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is equal to [the sum of] 1-1/2 times the renewal fee set by the board |
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under Section 801.154(a) [and the additional fee required by
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Section 801.154(b), if applicable]. |
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(c) A person whose license has been expired for more than 90 |
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days but less than one year may renew the license by paying to the |
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board a renewal fee that is equal to [the sum of] two times the |
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renewal fee set by the board under Section 801.154(a) [and the
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additional fee required by Section 801.154(b), if applicable]. |
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SECTION 5. Section 801.305(b), Occupations Code, is amended |
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to read as follows: |
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(b) The person must pay to the board a fee that is equal to |
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the amount of the renewal fee set by the board under Section |
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801.154(a) [and the additional fee required by Section 801.154(b)]. |
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SECTION 6. Section 901.405(f), Occupations Code, is amended |
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to read as follows: |
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(f) A person who was licensed in this state, moved to |
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another state, and is currently licensed and has been in practice in |
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the other state for the two years preceding the date of application |
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may obtain a new license without reexamination. A person described |
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by this subsection whose license has been revoked under Section |
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901.502(3) or (4) may obtain a new license under this subsection. A |
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person described by this subsection must pay to the board a fee that |
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is equal to two times the normally required renewal fee for the |
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license [and is not subject to additional fees under Section
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901.408]. |
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SECTION 7. Section 901.408(a), Occupations Code, is amended |
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to read as follows: |
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(a) A person, other than a person described by Section |
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901.405(f), who fails to pay the license renewal fee [or the
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additional fee imposed under Section 901.407, as applicable,] and |
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any late fee before the first anniversary of the due date of the |
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renewal fee [or additional fee] may renew the person's license only |
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by submitting to the board an application for renewal accompanied |
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by payment of: |
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(1) all accrued fees, including late fees; and |
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(2) the direct administrative costs incurred by the |
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board in renewing the person's license. |
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SECTION 8. Sections 1001.353(b) and (c), Occupations Code, |
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are amended to read as follows: |
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(b) A person whose license has been expired for 90 days or |
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less may renew the license by paying to the board the required |
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annual renewal fee and [,] a late renewal fee [, and any applicable
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increase in fees as required by Section 1001.206]. |
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(c) A person whose license has been expired for more than 90 |
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days but less than two years may renew the license by paying to the |
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board the required annual renewal fee and [,] a late renewal fee [,
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and any applicable increase in fees as required by Section
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1001.206] for each delinquent year or part of a year. |
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SECTION 9. Section 1001.355(d), Occupations Code, is |
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amended to read as follows: |
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(d) To return to active status, a license holder on inactive |
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status must: |
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(1) file with the board a written notice requesting |
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reinstatement to active status; |
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(2) pay the fee for the annual renewal of the license |
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[and the fee increase required by Section 1001.206]; and |
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(3) provide evidence satisfactory to the board that |
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the person has complied with the continuing education requirements |
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adopted by the board. |
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SECTION 10. Section 1101.154(a), Occupations Code, is |
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amended to read as follows: |
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(a) The fee for the issuance or renewal of a: |
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(1) broker license is the amount of the fee set under |
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Section [Sections] 1101.152 [and 1101.153] and an additional $20 |
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fee; |
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(2) salesperson license is the amount of the fee set |
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under Section 1101.152 and an additional $20 fee; and |
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(3) certificate of registration is the amount of the |
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fee set under Section 1101.152 and an additional $20 fee. |
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SECTION 11. The following provisions are repealed: |
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(1) Section 153.053, Occupations Code; |
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(2) Sections 201.153(b) and (c), Occupations Code; |
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(3) Section 254.004(b), Occupations Code; |
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(4) Section 351.153, Occupations Code; |
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(5) Section 501.153, Occupations Code; |
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(6) Sections 801.154(b), (c), and (d), Occupations |
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Code; |
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(7) Section 901.406, Occupations Code; |
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(8) Section 901.407, Occupations Code; |
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(9) Section 901.410, Occupations Code; |
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(10) Section 1001.206, Occupations Code; |
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(11) Section 1051.652, Occupations Code; |
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(12) Section 1101.153, Occupations Code; |
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(13) Section 1105.003(e), Occupations Code; |
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(14) Subchapter H, Chapter 191, Tax Code; and |
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(15) Section 41, The Securities Act (Article 581-41, |
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Vernon's Texas Civil Statutes). |
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SECTION 12. The changes in law made by this Act do not |
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affect a surcharge, additional fee, additional charge, fee |
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increase, tax, or late fee imposed before the effective date of this |
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Act, and the law in effect before the effective date of this Act is |
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continued in effect for purposes of the liability for and |
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collection of those surcharges, additional fees, additional |
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charges, fee increases, taxes, and late fees. |
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SECTION 13. This Act takes effect September 1, 2015. |