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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the Texas Department of Licensing and |
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Regulation to determine applicant eligibility for a license and to |
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discipline license holders. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter G, Chapter 51, Occupations Code, is |
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amended by adding Section 51.3514 to read as follows: |
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Sec. 51.3514. ORDER FOR REFUND OR SERVICE. (a) The |
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commission or the executive director, instead of or in addition to |
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imposing an administrative penalty or other sanction, may order a |
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license holder to pay a refund to a consumer or to perform for the |
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consumer a service consistent with the regulatory program for which |
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the license was issued. |
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(b) The amount of a refund ordered under this section must |
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be calculated based on the amount the consumer originally agreed to |
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pay and may not exceed the amount the consumer paid to the license |
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holder for the service. |
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(c) A license holder performing a service ordered under this |
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section must perform the service in accordance with any applicable |
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codes and standards of conduct. |
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(d) The department shall establish criteria for calculating |
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the amount of a refund due and for determining the scope of any |
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service ordered to be performed. |
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SECTION 2. Subchapter H, Chapter 51, Occupations Code, is |
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amended by adding Section 51.4041 to read as follows: |
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Sec. 51.4041. ALTERNATIVE QUALIFICATIONS FOR LICENSE. (a) |
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The commission, department, or executive director may adopt |
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alternative means of determining or verifying a person's |
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eligibility for a license issued by the department, including |
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evaluating the person's education, training, experience, and |
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military service. |
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(b) Notwithstanding any other law, the commission or the |
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executive director may waive any prerequisite for obtaining a |
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license if the applicant currently holds a similar license issued |
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by another jurisdiction that: |
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(1) has requirements for the license that are |
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substantially equivalent to those of this state; or |
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(2) has a reciprocity agreement with this state for |
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the license. |
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(c) The department, with approval of the governor, may enter |
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into an agreement with another state to allow for licensing by |
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reciprocity. |
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SECTION 3. Section 469.004, Government Code, is amended to |
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read as follows: |
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Sec. 469.004. APPLICABILITY OF OTHER LAW. Section 51.4041 |
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[51.404], Occupations Code, does not apply to this chapter. |
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SECTION 4. Section 754.025, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 754.025. APPLICATION OF CERTAIN LAW. Sections 51.401 |
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and 51.4041 [51.404], Occupations Code, do not apply to this |
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chapter, except those sections do apply to Sections 754.017 and |
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754.0171. |
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SECTION 5. Section 55.004(c), Occupations Code, is amended |
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to read as follows: |
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(c) The executive director of a state agency may issue a |
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license by endorsement in the same manner as the Texas Commission of |
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Licensing and Regulation under Section 51.4041(b) [51.404] to an |
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applicant described by Subsection (a). |
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SECTION 6. Section 1202.106, Occupations Code, is amended |
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to read as follows: |
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Sec. 1202.106. APPLICABILITY OF OTHER LAW. Sections 51.401 |
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and 51.4041 [51.404] do not apply to this chapter. |
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SECTION 7. Section 51.404, Occupations Code, is repealed. |
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SECTION 8. (a) Section 51.3514, Occupations Code, as added |
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by this Act, applies only to the investigation of a complaint or a |
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disciplinary action based on a complaint filed on or after the |
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effective date of this Act. The investigation of a complaint or a |
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disciplinary action based on a complaint filed before the effective |
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date of this Act is governed by the law in effect on the date the |
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complaint was filed, and the former law is continued in effect for |
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that purpose. |
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(b) Section 51.4041, Occupations Code, as added by this Act, |
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applies only to an application for a license submitted to the Texas |
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Department of Licensing and Regulation on or after the effective |
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date of this Act. An application for a license submitted before the |
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effective date of this Act is governed by the law in effect on the |
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date the application was submitted, and the former law is continued |
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in effect for that purpose. |
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SECTION 9. This Act takes effect September 1, 2015. |