84R9033 MAW-D

By: Huffines S.B. No. 1179

A BILL TO BE ENTITLED

AN ACT

relating to abolishing certain occupational licensing requirements and associated regulations.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Section 16.008, Civil Practice and Remedies Code, is amended to read as follows:

Sec. 16.008. ARCHITECTS, ENGINEERS, [INTERIOR DESIGNERS,] AND LANDSCAPE ARCHITECTS FURNISHING DESIGN, PLANNING, OR INSPECTION OF CONSTRUCTION OF IMPROVEMENTS.

SECTION 2. Sections 16.008(a) and (c), Civil Practice and Remedies Code, are amended to read as follows:

(a) A person must bring suit for damages for a claim listed in Subsection (b) against a registered or licensed architect, engineer, [interior designer,] or landscape architect in this state, who designs, plans, or inspects the construction of an improvement to real property or equipment attached to real property, not later than 10 years after the substantial completion of the improvement or the beginning of operation of the equipment in an action arising out of a defective or unsafe condition of the real property, the improvement, or the equipment.

(c) If the claimant presents a written claim for damages, contribution, or indemnity to the architect, engineer, [interior designer,] or landscape architect within the 10-year limitations period, the period is extended for two years from the day the claim is presented.

SECTION 3. Articles 18.19(c), (d), and (e), Code of Criminal Procedure, are amended to read as follows:

(c) If there is no prosecution or conviction for an offense involving the weapon seized, the magistrate to whom the seizure was reported shall, before the 61st day after the date the magistrate determines that there will be no prosecution or conviction, notify in writing the person found in possession of the weapon that the person is entitled to the weapon upon written request to the magistrate. The magistrate shall order the weapon returned to the person found in possession before the 61st day after the date the magistrate receives a request from the person. If the weapon is not requested before the 61st day after the date of notification, the magistrate shall, before the 121st day after the date of notification, order the weapon destroyed, sold at public sale by the law enforcement agency holding the weapon or by an auctioneer [licensed under Chapter 1802, Occupations Code], or forfeited to the state for use by the law enforcement agency holding the weapon or by a county forensic laboratory designated by the magistrate. If the magistrate does not order the return, destruction, sale, or forfeiture of the weapon within the applicable period prescribed by this subsection, the law enforcement agency holding the weapon may request an order of destruction, sale, or forfeiture of the weapon from the magistrate. Only a firearms dealer licensed under 18 U.S.C. Section 923 may purchase a weapon at public sale under this subsection. Proceeds from the sale of a seized weapon under this subsection shall be transferred, after the deduction of court costs to which a district court clerk is entitled under Article 59.05(f), followed by the deduction of auction costs, to the law enforcement agency holding the weapon.

(d) A person either convicted or receiving deferred adjudication under Chapter 46, Penal Code, is entitled to the weapon seized upon request to the court in which the person was convicted or placed on deferred adjudication. However, the court entering the judgment shall order the weapon destroyed, sold at public sale by the law enforcement agency holding the weapon or by an auctioneer [licensed under Chapter 1802, Occupations Code], or forfeited to the state for use by the law enforcement agency holding the weapon or by a county forensic laboratory designated by the court if:

(1) the person does not request the weapon before the 61st day after the date of the judgment of conviction or the order placing the person on deferred adjudication;

(2) the person has been previously convicted under Chapter 46, Penal Code;

(3) the weapon is one defined as a prohibited weapon under Chapter 46, Penal Code;

(4) the offense for which the person is convicted or receives deferred adjudication was committed in or on the premises of a playground, school, video arcade facility, or youth center, as those terms are defined by Section 481.134, Health and Safety Code; or

(5) the court determines based on the prior criminal history of the defendant or based on the circumstances surrounding the commission of the offense that possession of the seized weapon would pose a threat to the community or one or more individuals.

(e) If the person found in possession of a weapon is convicted of an offense involving the use of the weapon, before the 61st day after the date of conviction the court entering judgment of conviction shall order destruction of the weapon, sale at public sale by the law enforcement agency holding the weapon or by an auctioneer [licensed under Chapter 1802, Occupations Code], or forfeiture to the state for use by the law enforcement agency holding the weapon or by a county forensic laboratory designated by the court. If the court entering judgment of conviction does not order the destruction, sale, or forfeiture of the weapon within the period prescribed by this subsection, the law enforcement agency holding the weapon may request an order of destruction, sale, or forfeiture of the weapon from a magistrate. Only a firearms dealer licensed under 18 U.S.C. Section 923 may purchase a weapon at public sale under this subsection. Proceeds from the sale of a seized weapon under this subsection shall be transferred, after the deduction of court costs to which a district court clerk is entitled under Article 59.05(f), followed by the deduction of auction costs, to the law enforcement agency holding the weapon.

SECTION 4. Section 21.003, Education Code, is amended by adding Subsection (d) to read as follows:

(d) A person who does not hold a certificate or permit issued as provided by Subchapter B may be employed as an athletic coach by a school district. This subsection does not authorize a person employed as an athletic coach to provide academic instruction, including physical education instruction, to students without holding an appropriate certificate or permit issued as provided by Subchapter B.

SECTION 5. Section 469.102(a), Government Code, is amended to read as follows:

(a) The architect, [interior designer,] landscape architect, or engineer who has overall responsibility for the design of a constructed or reconstructed building or facility shall submit the plans and specifications required under Section 469.101.

SECTION 6. Section 469.104, Government Code, is amended to read as follows:

Sec. 469.104. FAILURE TO SUBMIT PLANS AND SPECIFICATIONS. The commission shall report to the Texas Board of Architectural Examiners, the Texas Board of Professional Engineers, or another appropriate licensing authority the failure of any architect, [interior designer,] landscape architect, or engineer to submit or resubmit in a timely manner plans and specifications to the department as required by this subchapter.

SECTION 7. Section 263.153(c), Local Government Code, is amended to read as follows:

(c) A county that contracts with an auctioneer [licensed under Chapter 1802, Occupations Code,] who uses an Internet auction site offering online bidding through the Internet to sell surplus or salvage property under this subchapter having an estimated value of not more than $500 shall satisfy the notice requirement under this section by posting the property on the site for at least 10 days unless the property is sold before the 10th day.

SECTION 8. Section 1001.063, Occupations Code, is amended to read as follows:

Sec. 1001.063. ARCHITECTS AND [,] LANDSCAPE ARCHITECTS[, AND INTERIOR DESIGNERS]. This chapter or a rule adopted under this chapter does not prevent or otherwise restrict a person licensed as an architect under Chapter 1051 or [,] a landscape architect under Chapter 1052[, or an interior designer under Chapter 1053] from performing an act, service, or work that is within the definition of the person's practice under those chapters.

SECTION 9. The heading to Chapter 1051, Occupations Code, is amended to read as follows:

CHAPTER 1051. TEXAS BOARD OF ARCHITECTURAL EXAMINERS; GENERAL

PROVISIONS AFFECTING ARCHITECTS AND [,] LANDSCAPE ARCHITECTS[, AND

INTERIOR DESIGNERS]; PROVISIONS AFFECTING ONLY ARCHITECTS

SECTION 10. Sections 1051.101(a) and (b), Occupations Code, are amended to read as follows:

(a) The Texas Board of Architectural Examiners consists of seven [nine] members appointed by the governor with the advice and consent of the senate as follows:

(1) four architect members registered under this chapter;

(2) [one interior designer member registered under Chapter 1053;

[(3)] one landscape architect member registered under Chapter 1052; and

(3) two [(4) three] members who represent the public, at least one of whom is a person with a physical disability.

(b) Not more than one board member may be:

(1) a stockholder or owner of an interest in a school or college that teaches architecture[, interior design,] or landscape architecture; or

(2) a full-time member of the faculty or administration of the architecture[, interior design,] or landscape architecture department of a school or college whose position is the primary employment of the board member.

SECTION 11. Section 1051.102, Occupations Code, is amended to read as follows:

Sec. 1051.102. ELIGIBILITY OF PUBLIC MEMBERS. A person is not eligible for appointment as a public member of the board if the person or the person's spouse:

(1) is registered, certified, or licensed by an occupational regulatory agency in the field of architecture[, interior design,] or landscape architecture;

(2) is employed by or participates in the management of a business entity or other organization regulated by the board or receiving funds from the board;

(3) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by the board or receiving funds from the board; or

(4) uses or receives a substantial amount of tangible goods, services, or funds from the board, other than compensation or reimbursement authorized by law for board membership, attendance, or expenses.

SECTION 12. Section 1051.103(b), Occupations Code, is amended to read as follows:

(b) A person may not be a member of the board and may not be a board employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), and its subsequent amendments, if:

(1) the person is an officer, employee, or paid consultant of a Texas trade association in the field of architecture[, interior design,] or landscape architecture; or

(2) the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of architecture[, interior design,] or landscape architecture.

SECTION 13. Section 1051.104(a), Occupations Code, is amended to read as follows:

(a) Board members serve staggered six-year terms. The terms of two or three members expire on January 31 of each odd-numbered year.

SECTION 14. Section 1051.201, Occupations Code, is amended to read as follows:

Sec. 1051.201. SCOPE OF ADMINISTRATIVE AUTHORITY. The powers granted and duties delegated to the board under this chapter are in addition to the powers granted and duties delegated to the board under Chapter [Chapters] 1052 [and 1053].

SECTION 15. Section 1051.202, Occupations Code, is amended to read as follows:

Sec. 1051.202. GENERAL RULEMAKING AUTHORITY. The board shall adopt reasonable rules and bylaws and prescribe forms as necessary to administer or enforce this subtitle, including rules regulating the practices of architecture and [,] landscape architecture[, and interior design].

SECTION 16. The heading to Article 2, Chapter 1051, Occupations Code, is amended to read as follows:

ARTICLE 2. GENERAL PROVISIONS APPLYING TO ARCHITECTS AND [,]

LANDSCAPE ARCHITECTS[, AND INTERIOR DESIGNERS]

SECTION 17. Section 1051.306, Occupations Code, is amended to read as follows:

Sec. 1051.306. FIRM REGISTRATION. The board by rule may require a firm, partnership, corporation, or association that engages in the practice of architecture or [,] landscape architecture[, or interior design] to register with the board under this subtitle.

SECTION 18. Section 1051.354, Occupations Code, is amended to read as follows:

Sec. 1051.354. FEE EXEMPTION FOR MILITARY PERSONNEL. (a) A person required to register under this subtitle who is on active duty as a member of the United States military is exempt from the payment of any fee during the person's term of service if the person:

(1) is in good standing as an architect or [,] landscape architect [, or interior designer] in this state; or

(2) was in good standing as an architect or [,] landscape architect [, or interior designer] in this state at the time the person entered into military service.

(b) A person who is exempt from payment of a fee under Subsection (a):

(1) is exempt for the remainder of the fiscal year during which the person's active duty status expires; and

(2) is entitled to have the person's name continued on the list of architects or [,] landscape architects [, or interior designers].

SECTION 19. Section 1051.355(e), Occupations Code, is amended to read as follows:

(e) The additional amount of the renewal fee described by Subsection (b)(2) does not apply to a person registered under Chapter 1052 [or 1053].

SECTION 20. Section 1051.455(b), Occupations Code, is amended to read as follows:

(b) A proceeding under this section relating to an architect or [,] a landscape architect [, or an interior designer] is subject to Chapter 2001, Government Code.

SECTION 21. Section 1051.504(a), Occupations Code, is amended to read as follows:

(a) If it appears to the board that a person who is not registered under this subtitle is violating or has violated this subtitle, a rule adopted under this subtitle, or another state statute or rule relating to the practice of architecture or [,] landscape architecture [, or interior design], the board after providing to the person notice and the opportunity for a hearing may issue a cease and desist order prohibiting the conduct described in the notice.

SECTION 22. Section 1101.005, Occupations Code, is amended to read as follows:

Sec. 1101.005. APPLICABILITY OF CHAPTER. This chapter does not apply to:

(1) an attorney licensed in this state;

(2) an attorney-in-fact authorized under a power of attorney to conduct a real estate transaction;

(3) a public official while engaged in official duties;

(4) an auctioneer [licensed under Chapter 1802] while conducting the sale of real estate by auction if the auctioneer does not perform another act of a broker or salesperson;

(5) a person conducting a real estate transaction under a court order or the authority of a will or written trust instrument;

(6) a person employed by an owner in the sale of structures and land on which structures are located if the structures are erected by the owner in the course of the owner's business;

(7) an on-site manager of an apartment complex;

(8) an owner or the owner's employee who leases the owner's improved or unimproved real estate; or

(9) a transaction involving:

(A) the sale, lease, or transfer of a mineral or mining interest in real property;

(B) the sale, lease, or transfer of a cemetery lot;

(C) the lease or management of a hotel or motel; or

(D) the sale of real property under a power of sale conferred by a deed of trust or other contract lien.

SECTION 23. Section 1601.002, Occupations Code, is amended to read as follows:

Sec. 1601.002. DEFINITION OF BARBERING. In this chapter, "barbering," "practicing barbering," or the "practice of barbering" means:

(1) performing or offering or attempting to perform for compensation or the promise of compensation any of the following services:

(A) treating a person's mustache or beard by arranging, beautifying, coloring, processing, shaving, styling, or trimming; or

(B) treating a person's hair by:

(i) arranging, beautifying, bleaching, cleansing, coloring, curling, dressing, dyeing, processing, [shampooing,] shaping, singeing, straightening, styling, tinting, or waving;

(ii) providing a necessary service that is preparatory or ancillary to a service under Subparagraph (i), including bobbing, clipping, cutting, or trimming; or

(iii) cutting the person's hair as a separate and independent service for which a charge is directly or indirectly made separately from a charge for any other service;

[(C) cleansing, stimulating, or massaging a person's scalp, face, neck, arms, or shoulders:

[(i) by hand or by using a device, apparatus, or appliance; and

[(ii) with or without the use of any cosmetic preparation, antiseptic, tonic, lotion, or cream;

[(D) beautifying a person's face, neck, arms, or shoulders using a cosmetic preparation, antiseptic, tonic, lotion, powder, oil, clay, cream, or appliance;

[(E) treating a person's nails by:

[(i) cutting, trimming, polishing, tinting, coloring, cleansing, manicuring, or pedicuring; or

[(ii) attaching false nails;

[(F) massaging, cleansing, treating, or beautifying a person's hands;

[(G) administering facial treatments;

[(H) weaving a person's hair by using any method to attach commercial hair to a person's hair or scalp;

[(I) shampooing or conditioning a person's hair;

[(J) servicing in any manner listed in Paragraph (B) a person's wig, toupee, or artificial hairpiece on a person's head or on a block after the initial retail sale; or

[(K) braiding a person's hair, trimming hair extensions only as applicable to the braiding process, and attaching commercial hair only by braiding and without the use of chemicals or adhesives;]

(2) advertising or representing to the public in any manner that a person is a barber or is authorized to practice barbering; or

(3) advertising or representing to the public in any manner that a location or place of business is a barbershop[, specialty shop,] or barber school.

SECTION 24. Section 1601.003, Occupations Code, is amended to read as follows:

Sec. 1601.003. APPLICATION OF CHAPTER. This chapter does not apply to a person who:

(1) does not represent or advertise to the public directly or indirectly that the person is authorized by the department to practice barbering; and

(2) is:

(A) a physician or registered nurse licensed in this state and operating within the scope of the person's license;

(B) a commissioned or authorized medical or surgical officer of the United States armed forces;

(C) a person regulated under Chapter 1602, if the person practices within the scope of a permit or [,] license [, or certificate] issued by the department under that chapter; or

(D) an inmate in the institutional division of the Texas Department of Criminal Justice who performs barbering during the person's incarceration.

SECTION 25. Sections 1601.251(b) and (c), Occupations Code, are amended to read as follows:

(b) Unless the person holds an appropriate certificate, license, or permit, a person may not directly or indirectly use or cause to be used any of the following terms, or any combination, variation, or abbreviation of the terms, as a professional or business identification, title, name, representation, asset, or means of advantage or benefit:

(1) "barber" or "barbering";

(2) "barber school" or "barber college"; or

(3) "barbershop" or ["barbershop,"] "barber salon." [salon," or "specialty shop."]

(c) Unless the person holds an appropriate certificate, license, or permit, a person may not directly or indirectly use or cause to be used a symbol, or a combination, variation, or abbreviation of symbols, that in any manner creates an impression with the public that the person is qualified or authorized to practice barbering or own or manage a barbershop[, specialty shop,] or barber school.

SECTION 26. Section 1601.256(a), Occupations Code, is amended to read as follows:

(a) A person holding a barber technician license may:

(1) perform only barbering as specified by commission rule [defined by Sections 1601.002(1)(C), (D), (F), (G), and (I)]; and

(2) practice only at a location that has been issued a barbershop permit.

SECTION 27. Section 1601.265(a), Occupations Code, is amended to read as follows:

(a) The department shall issue a license or certificate to an applicant for a license or certificate issued under Section 1601.253 or [,] 1601.256 [, 1601.258, or 1601.259] if the applicant:

(1) submits an application on a form prescribed by the department;

(2) pays the application fee; and

(3) provides proof that the applicant holds a current license to engage in the same or a similar activity issued by another jurisdiction that has license requirements substantially equivalent to those of this state.

SECTION 28. The heading to Subchapter G, Chapter 1601, Occupations Code, is amended to read as follows:

SUBCHAPTER G. PERMITTING OF BARBERSHOPS [AND SPECIALTY SHOPS]

SECTION 29. Section 1601.301, Occupations Code, is amended to read as follows:

Sec. 1601.301. PERMIT REQUIRED. (a) A person may not own, operate, or manage a barbershop or [,] dual shop[, or specialty shop] unless the person holds the appropriate permit.

(b) Not later than the third day after the date the shop opens, a person who owns, operates, or manages a barbershop or [,] dual shop[, or specialty shop] must submit an application to the department for an appropriate permit for each shop, accompanied by a fee set by commission rule.

(c) A person who owns, operates, or manages a barbershop or [,] dual shop[, or specialty shop] may employ a person holding a student permit under Section 1601.260 to shampoo or condition a person's hair.

SECTION 30. The heading to Section 1601.308, Occupations Code, is amended to read as follows:

Sec. 1601.308. TRANSFER OF BARBERSHOP [OR SPECIALTY SHOP] PERMIT.

SECTION 31. Section 1601.308(b), Occupations Code, is amended to read as follows:

(b) If the ownership of a barbershop [or specialty shop] is transferred, the new owner of the shop may continue to operate the shop if the new owner applies for and obtains a new permit not later than the 30th day after the date of the transfer.

SECTION 32. Section 1601.402(b), Occupations Code, is amended to read as follows:

(b) A Class A barber, barber technician, or instructor [, manicurist, or other licensed specialist] must renew the person's certificate or license on or before the expiration date.

SECTION 33. Section 1601.405(a), Occupations Code, is amended to read as follows:

(a) The department may not require a Class A barber, barber technician, or instructor [, or manicurist] who is serving on active duty in the United States armed forces to renew the person's certificate or license.

SECTION 34. The heading to Section 1601.406, Occupations Code, is amended to read as follows:

Sec. 1601.406. RENEWAL OF BARBERSHOP [OR SPECIALTY SHOP] PERMIT.

SECTION 35. Section 1601.406(a), Occupations Code, is amended to read as follows:

(a) A barbershop permit [or specialty shop permit] expires on the second anniversary of the date of issuance.

SECTION 36. Section 1601.452, Occupations Code, is amended to read as follows:

Sec. 1601.452. DISPLAY OF SANITATION RULES. Each barbershop [or specialty shop] shall post in the shop a copy of the commission's sanitation rules.

SECTION 37. Section 1601.453, Occupations Code, is amended to read as follows:

Sec. 1601.453. LOCATION OF PRACTICE. A person licensed by the department may practice barbering only at a location for which the department has issued a barbershop permit [, specialty shop permit,] or barber school permit under this chapter or a permit issued under Chapter 1603.

SECTION 38. Section 1601.454(a), Occupations Code, is amended to read as follows:

(a) The commission may not adopt rules to restrict or prohibit practice by a Class A barber [or manicurist] in a facility solely because the facility is licensed or permitted by the department under both this chapter and Chapter 1602.

SECTION 39. The heading to Subchapter K, Chapter 1601, Occupations Code, is amended to read as follows:

SUBCHAPTER K. OPERATION OF BARBERSHOP [AND SPECIALTY SHOP]

SECTION 40. Section 1601.501, Occupations Code, is amended to read as follows:

Sec. 1601.501. DISPLAY OF SHOP PERMIT. A barbershop [or specialty shop] permit holder must display the permit in a conspicuous place in the shop for which the permit is issued.

SECTION 41. Section 1601.504, Occupations Code, is amended to read as follows:

Sec. 1601.504. NECESSARY EQUIPMENT. The owner, operator, or manager of a barbershop [or specialty shop] shall equip the shop with the facilities, supplies, and appliances, furnishings, or materials necessary to enable a person employed on the premises to comply with this chapter.

SECTION 42. Section 1601.505, Occupations Code, is amended to read as follows:

Sec. 1601.505. EMPLOYEE WITH DISEASE. (a) An owner, operator, or manager of a barbershop [or specialty shop] may not knowingly permit a person with a communicable skin disease or a venereal disease to act as a barber or employee or work in the shop.

(b) A person who knows the person has a communicable disease or a venereal disease may not act as a barber or work in a barbershop [or specialty shop].

SECTION 43. Section 1601.507, Occupations Code, is amended to read as follows:

Sec. 1601.507. USE OF SHOP AS SLEEPING QUARTERS. (a) An owner or manager of a barbershop [or specialty shop] may not permit a person to sleep in a room used as part of the shop.

(b) A person may not act as a barber or be employed in a barbershop [or specialty shop] in a room used as sleeping quarters.

SECTION 44. Section 1602.002(a), Occupations Code, is amended to read as follows:

(a) In this chapter, "cosmetology" means the practice of performing or offering to perform for compensation any of the following services:

(1) treating a person's hair by:

(A) providing any method of treatment as a primary service, including arranging, beautifying, bleaching, cleansing, coloring, cutting, dressing, dyeing, processing, [shampooing,] shaping, singeing, straightening, styling, tinting, or waving;

(B) providing a necessary service that is preparatory or ancillary to a service under Paragraph (A), including bobbing, clipping, cutting, or trimming a person's hair or shaving a person's neck with a safety razor; or

(C) cutting the person's hair as a separate and independent service for which a charge is directly or indirectly made separately from charges for any other service; or

(2) [braiding a person's hair;

[(3) shampooing and conditioning a person's hair;

[(4) servicing a person's wig or artificial hairpiece on a person's head or on a block after the initial retail sale and servicing in any manner listed in Subdivision (1);

[(5)] treating a person's mustache or beard by arranging, beautifying, coloring, processing, styling, trimming, or shaving with a safety razor[;

[(6) cleansing, stimulating, or massaging a person's scalp, face, neck, or arms:

[(A) by hand or by using a device, apparatus, or appliance; and

[(B) with or without the use of any cosmetic preparation, antiseptic, tonic, lotion, or cream;

[(7) beautifying a person's face, neck, or arms using a cosmetic preparation, antiseptic, tonic, lotion, powder, oil, clay, cream, or appliance;

[(8) administering facial treatments;

[(9) removing superfluous hair from a person's body using depilatories, preparations, or tweezing techniques;

[(10) treating a person's nails by:

[(A) cutting, trimming, polishing, tinting, coloring, cleansing, or manicuring; or

[(B) attaching false nails;

[(11) massaging, cleansing, treating, or beautifying a person's hands or feet;

[(12) applying semipermanent, thread-like extensions composed of single fibers to a person's eyelashes; or

[(13) weaving a person's hair].

SECTION 45. The heading to Subchapter F, Chapter 1602, Occupations Code, is amended to read as follows:

SUBCHAPTER F. LICENSE [AND CERTIFICATE] REQUIREMENTS FOR

INDIVIDUALS

SECTION 46. The heading to Section 1602.251, Occupations Code, is amended to read as follows:

Sec. 1602.251. LICENSE [OR CERTIFICATE] REQUIRED.

SECTION 47. Sections 1602.251(a) and (c), Occupations Code, are amended to read as follows:

(a) A person may not perform or attempt to perform a practice of cosmetology unless the person holds a license [or certificate] to perform that practice.

(c) A person licensed by the department may practice cosmetology only at a facility operated by a person holding a beauty shop license, [specialty shop license,] private beauty culture school license, or other license issued by the department.

SECTION 48. The heading to Section 1602.262, Occupations Code, is amended to read as follows:

Sec. 1602.262. ISSUANCE OF LICENSE [OR CERTIFICATE].

SECTION 49. Section 1602.268(b), Occupations Code, is amended to read as follows:

(b) The department may waive any requirement for a license [or certificate] issued under this chapter, other than a license listed in Subsection (a), for an applicant holding a license from another state that has license requirements substantially equivalent to those of this state.

SECTION 50. Section 1602.301, Occupations Code, is amended to read as follows:

Sec. 1602.301. FACILITY LICENSE REQUIRED. (a) A person may not operate a beauty shop, beauty culture school, [specialty shop,] or other place of business in which cosmetology is taught or practiced unless the person holds a license to operate that place of business.

(b) A person may not operate a vocational cosmetology program in a public school or lease space on the premises of a beauty shop [, specialty shop,] or dual shop to engage in the practice of cosmetology as an independent contractor unless the person holds a license issued under this chapter.

(c) A person who owns, operates, or manages a beauty shop [, specialty shop,] or dual shop may employ a person holding a student permit under Section 1602.266 to shampoo or condition a person's hair.

SECTION 51. Section 1602.303(a), Occupations Code, is amended to read as follows:

(a) A person holding a private beauty culture school license may maintain an establishment in which any practice of cosmetology is taught [, including providing an eyelash extension application training program described by Section 1602.2572].

SECTION 52. The heading to Section 1602.304, Occupations Code, is amended to read as follows:

Sec. 1602.304. PUBLIC SECONDARY OR POSTSECONDARY BEAUTY CULTURE SCHOOL LICENSE [CERTIFICATE].

SECTION 53. Section 1602.306(c), Occupations Code, is amended to read as follows:

(c) The applicant is entitled to a booth rental license if the applicant:

(1) pays the application fee set by the commission in an amount reasonable and necessary to cover the costs of administering the booth rental licensing program;

(2) complies with commission rules; and

(3) has not committed an act that constitutes a ground for denial of a license [or certificate].

SECTION 54. The heading to Section 1602.351, Occupations Code, is amended to read as follows:

Sec. 1602.351. RENEWAL OF LICENSE [OR CERTIFICATE] REQUIRED.

SECTION 55. Section 1602.351(a), Occupations Code, is amended to read as follows:

(a) Except as provided by Subsections (b) and (c), a license [or certificate] issued under this chapter expires on the second anniversary of the date the license [or certificate] is issued.

SECTION 56. Section 1602.353, Occupations Code, as added by Chapter 1311 (H.B. 3149), Acts of the 79th Legislature, Regular Session, 2005, is amended to conform to Section 1602.353, Occupations Code, as added by Chapter 798 (S.B. 411), Acts of the 79th Legislature, Regular Session, 2005, and further amended to read as follows:

Sec. 1602.353. INACTIVE STATUS. (a) The holder of a [certificate or] license issued under this chapter may place the holder's [certificate or] license on inactive status by:

(1) applying to the commission on a form prescribed by the commission not later than the 10th day before the date the [certificate or] license expires; and

(2) paying the required fee.

(b) The holder of a [certificate or] license that has been placed on inactive status under this section is not required to comply with continuing education requirements under this chapter.

(c) To maintain inactive status, the holder of a [certificate or] license must reapply for inactive status on or before the second anniversary of the date the status is granted by submitting the required form accompanied by the required renewal fee.

(d) The holder of a [certificate or] license to practice cosmetology that has been placed on inactive status under this section may not perform or attempt to perform the practice of cosmetology.

(e) The holder of an instructor's license that has been placed on inactive status may not teach or attempt to teach cosmetology at a private beauty culture school or in a vocational cosmetology program in a public school.

(f) The holder of a license to operate a vocational cosmetology program in a public school, or a beauty shop, beauty culture school, [specialty shop,] or other place of business in which cosmetology is taught or practiced under this chapter, may not employ a person to perform the practice of cosmetology or to teach as an instructor if the person's [certificate or] license has been placed on inactive status.

(g) A person whose [certificate or] license is on inactive status under this section may return the person's [certificate or] license to active status by:

(1) applying to the commission for reinstatement of the [certificate or] license on the form prescribed by the commission;

(2) submitting written documentation that the person has completed applicable continuing education requirements under this chapter within the preceding two years; and

(3) paying the required [certificate or] license fee.

(h) A license holder may not employ a person on inactive status.

(i) The commission may set fees and adopt rules to implement this section.

SECTION 57. Section 1602.354(a), Occupations Code, is amended to read as follows:

(a) The commission will by rule recognize, prepare, or administer continuing education programs for the practice of cosmetology. Participation in the programs is mandatory for all license renewals [other than renewal of a shampoo specialty certificate].

SECTION 58. Section 1602.401, Occupations Code, is amended to read as follows:

Sec. 1602.401. DISPLAY OF [CERTIFICATE OR] LICENSE. A person holding a license [or certificate] issued under this chapter shall display the license [or certificate] in the person's place of business or employment.

SECTION 59. Section 1602.402, Occupations Code, is amended to read as follows:

Sec. 1602.402. LICENSE [OR CERTIFICATE] NOT TRANSFERABLE. A license [or certificate] issued under this chapter is not transferable.

SECTION 60. Section 1602.403, Occupations Code, is amended to read as follows:

Sec. 1602.403. EMPLOYMENT OF LICENSE [OR CERTIFICATE] HOLDER. (a) A private beauty culture school may not employ:

(1) a person holding an operator license [, manicurist specialty license, or specialty certificate] solely to perform [the practices of] cosmetology [for which the person is licensed or certified]; or

(2) a person holding an instructor license to perform any act or practice of cosmetology.

(b) [(c)] A person holding a beauty shop license [or specialty shop license] may not employ:

(1) a person as an operator [or specialist] or lease to a person who acts as an operator [or specialist] unless the person holds a license or certificate under this chapter or under Chapter 1601; or

(2) a person to shampoo or condition a person's hair unless the person holds a [shampoo apprentice permit or] student permit.

SECTION 61. Section 1602.404, Occupations Code, is amended to read as follows:

Sec. 1602.404. OPERATING CERTAIN SHOPS OR SCHOOLS ON SINGLE PREMISES. A person may not operate a beauty shop [, specialty shop,] or private beauty culture school on the same premises as another one of those facilities unless the facilities are separated by walls of permanent construction without an opening between the facilities.

SECTION 62. Section 1602.406, Occupations Code, is amended to read as follows:

Sec. 1602.406. INFECTIOUS AND CONTAGIOUS DISEASES. (a) A person holding an operator license or [,] instructor license [, or specialty certificate] may not perform any practice of cosmetology if the person knows the person is suffering from an infectious or contagious disease for which the person is not entitled to protection under the federal Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.).

(b) A person holding a beauty shop license, [specialty shop license,] private beauty culture school license, or license to operate a vocational cosmetology program in a public school may not employ a person to perform any practice of cosmetology if the license holder knows that the person is suffering from an infectious or contagious disease for which the person is not entitled to protection under the Americans with Disabilities Act of 1990.

SECTION 63. Section 1602.407(b), Occupations Code, is amended to read as follows:

(b) A person holding a license [, certificate,] or permit under this chapter may perform a service within the scope of the license [, certificate,] or permit at a location other than a licensed facility for a client who, because of illness or physical or mental incapacitation, is unable to receive the services at a licensed facility.

SECTION 64. Section 1602.451(a), Occupations Code, is amended to read as follows:

(a) The holder of a private beauty culture school license shall:

(1) maintain a sanitary establishment;

(2) maintain on duty one licensed instructor for each 25 students in attendance;

(3) maintain a daily record of students' attendance;

(4) establish regular class and instruction hours and grades;

(5) require a school term of not less than nine months and not less than 1,500 hours instruction for a complete course in cosmetology;

(6) [require a school term of not less than 600 hours instruction for a complete course in manicuring;

[(7)] hold examinations before issuing diplomas;

(7) [(8)] maintain a copy of the school's curriculum in a conspicuous place and verify that the curriculum is being followed;

(8) [(9)] publish in the school's catalogue and enrollment contract a description of the refund policy required under Section 1602.458; and

(9) [(10)] provide the department with information on:

(A) the current course completion rates of students who attend a course of instruction offered by the school; and

(B) job placement rates and employment rates of students who complete the course of instruction.

SECTION 65. Section 1602.456(c), Occupations Code, is amended to read as follows:

(c) If a private beauty culture school or public school violates this section, the license of the [private beauty culture school or the certificate of the public] school may be revoked or suspended.

SECTION 66. Section 1702.021(a), Occupations Code, is amended to read as follows:

(a) The Texas Private Security Board consists of seven members appointed by the governor with the advice and consent of the senate as follows:

(1) four [three] public members, each of whom is a citizen of the United States;

(2) one member who is licensed under this chapter as a private investigator;

(3) one member who is licensed under this chapter as an alarm systems company; and

(4) one member who is licensed under this chapter as the owner or operator of a guard company [; and

[(5) one member who is licensed under this chapter as a locksmith].

SECTION 67. Section 1702.102(a), Occupations Code, is amended to read as follows:

(a) Unless the person holds a license as a security services contractor, a person may not:

(1) act as an alarm systems company, armored car company, courier company, guard company, guard dog company, [locksmith company,] or private security consultant company;

(2) offer to perform the services of a company in Subdivision (1); or

(3) engage in business activity for which a license is required under this chapter.

SECTION 68. Section 1702.221(b), Occupations Code, is amended to read as follows:

(b) An individual must obtain the appropriate endorsement in accordance with the requirements of this chapter and related administrative rules if the individual:

(1) is employed as:

(A) an alarm instructor;

(B) an alarm systems installer;

(C) an alarm systems monitor;

(D) an electronic access control device installer;

(E) a level 3 classroom or firearm instructor;

(F) [a locksmith;

[(G) a dog trainer;

[(H)] a manager or branch office manager;

(G) [(I)] a noncommissioned security officer;

(H) [(J)] a level 4 personal protection instructor;

(I) [(K)] a private investigator;

(J) [(L)] a private security consultant;

(K) [(M)] a security salesperson; or

(L) [(N)] an individual whose duties include performing another activity for which an endorsement is required under Subsection (e); or

(2) is an owner who oversees the security-related aspects of the business, officer, partner, or shareholder of a license holder.

SECTION 69. Section 1702.283, Occupations Code, is amended to read as follows:

Sec. 1702.283. CRUELTY TO ANIMALS. A person who has been convicted of cruelty to animals under Section 42.09 or 42.092, Penal Code:

(1) is ineligible for a license as a guard dog company [or for endorsement as a dog trainer]; and

(2) may not be employed to work with dogs as a security officer by a security services contractor or security department of a private business that uses dogs to protect individuals or property or to conduct investigations.

SECTION 70. Section 1702.301(d), Occupations Code, is amended to read as follows:

(d) Endorsement as a private investigator, manager, branch office manager, alarm systems installer, security consultant, security salesperson, or alarm systems monitor [, or dog trainer] expires on the second anniversary of the date of endorsement.

SECTION 71. Section 1702.324(b), Occupations Code, is amended to read as follows:

(b) This chapter does not apply to:

(1) a manufacturer or a manufacturer's authorized distributor while selling equipment intended for resale;

(2) a person engaged exclusively in the business of obtaining and providing information to:

(A) determine creditworthiness;

(B) collect debts; or

(C) ascertain the reliability of information provided by an applicant for property, life, or disability insurance or an indemnity or surety bond;

(3) a person engaged exclusively in the business of repossessing property that is secured by a mortgage or other security interest;

(4) a person who is engaged in the business of psychological testing or other testing and interviewing services, including services to determine attitudes, honesty, intelligence, personality, and skills, for preemployment purposes;

(5) a person who:

(A) is engaged in obtaining information that is a public record under Chapter 552, Government Code, regardless of whether the person receives compensation;

(B) is not a full-time employee, as defined by Section 61.001, Labor Code, of a person licensed under this chapter; and

(C) does not perform any other act that requires a license under this chapter;

(6) a licensed engineer practicing engineering or directly supervising engineering practice under Chapter 1001, including forensic analysis, burglar alarm system engineering, and necessary data collection;

(7) an employee of a cattle association who inspects livestock brands under the authority granted to the cattle association by the Grain Inspection, Packers and Stockyards Administration of the United States Department of Agriculture;

(8) a landman performing activities in the course and scope of the landman's business;

(9) an attorney while engaged in the practice of law;

(10) a person who obtains a document for use in litigation under an authorization or subpoena issued for a written or oral deposition;

(11) an admitted insurer, insurance adjuster, agent, or insurance broker licensed by the state, performing duties in connection with insurance transacted by that person;

(12) a person who on the person's own property or on property owned or managed by the person's employer:

(A) installs, changes, or repairs a mechanical security device;

(B) repairs an electronic security device; or

(C) cuts or makes a key for a security device;

(13) security personnel, including security contract personnel, working at a commercial nuclear power plant licensed by the United States Nuclear Regulatory Commission;

(14) a person or firm licensed as an accountant or accounting firm under Chapter 901, an owner of an accounting firm, or an employee of an accountant or accounting firm while performing services regulated under Chapter 901;

(15) a retailer, wholesaler, or other person who sells mechanical security devices, including locks and deadbolts, but who does not [:

[(A)] service mechanical security devices for the public outside of the person's premises; [or

[(B) claim to act as a locksmith;]

(16) an employee while performing investigative services that would otherwise be subject to this chapter for an entity regulated by the:

(A) Texas Department of Insurance;

(B) Office of Thrift Supervision;

(C) Securities and Exchange Commission;

(D) Federal Deposit Insurance Corporation; or

(E) Financial Industry Regulatory Authority;

(17) a social worker who holds a license issued under Chapter 505 who is engaged in the practice of social work;

(18) persons licensed under Chapter 1101, an association thereof, their authorized agents, or a multiple listing service, engaged in the business of selling, maintaining, repairing, programming, or placing lockboxes used for accessing real property; or

(19) an automobile club that holds a certificate of authority under Chapter 722, Transportation Code, its subcontractor, or a business that provides similar services, that unlocks a vehicle at the request of the owner or operator of the vehicle [and that does not otherwise perform a locksmith service].

SECTION 72. Section 2302.001(6), Occupations Code, is amended to read as follows:

(6) "Salvage vehicle agent" means a person who acquires, sells, or otherwise deals in nonrepairable or salvage motor vehicles in this state as directed by a [the] salvage vehicle dealer [under whose license the person operates]. [The term does not include a person who:

[(A) is a licensed salvage vehicle dealer or a licensed used automotive parts recycler;

[(B) is a partner, owner, or officer of a business entity that holds a salvage vehicle dealer license or a used automotive parts recycler license;

[(C) is an employee of a licensed salvage vehicle dealer or a licensed used automotive parts recycler; or

[(D) only transports salvage motor vehicles for a licensed salvage vehicle dealer or a licensed used automotive parts recycler].

SECTION 73. Section 2302.0015(a), Occupations Code, is amended to read as follows:

(a) A person consents to an entry or inspection described by Subsection (b) by [:

[(1) accepting a license under this chapter; or

[(2)] engaging in a business or activity regulated under this chapter.

SECTION 74. Section 2302.053(a), Occupations Code, is amended to read as follows:

(a) The board may not adopt a rule under Section 2302.051 restricting advertising or competitive bidding by a person engaging in a business or activity regulated under this chapter [who holds a license issued under this chapter] except to prohibit false, misleading, or deceptive practices by the person.

SECTION 75. Section 2302.351(b), Occupations Code, is amended to read as follows:

(b) If a salvage vehicle dealer, an employee of the dealer acting in the course of employment, or a salvage vehicle agent of [operating under] the dealer [dealer's license] is convicted of more than one offense under Section 2302.353(a), the district attorney for a county in which the dealer's salvage business is located may bring an action in that county to enjoin the dealer's business operations for a period of at least one year.

SECTION 76. Section 2308.151, Occupations Code, is amended to read as follows:

Sec. 2308.151. LICENSE REQUIRED. Unless the person holds an appropriate license under this subchapter, a person may not:

(1) perform towing operations;

(2) operate a towing company; or

(3) [perform booting operations; or

[(4)] operate a booting company.

SECTION 77. The following laws are repealed:

(1) Section 469.002(7), Government Code;

(2) Sections 1051.001(3) and (4), Occupations Code;

(3) Section 1051.604, Occupations Code;

(4) Chapter 1053, Occupations Code;

(5) Section 1601.001(7), Occupations Code;

(6) Section 1601.254(c), Occupations Code;

(7) Section 1601.257, Occupations Code;

(8) Section 1601.258, Occupations Code;

(9) Section 1601.259, Occupations Code;

(10) Section 1601.261, Occupations Code;

(11) Section 1601.262, Occupations Code;

(12) Section 1601.263, Occupations Code;

(13) Section 1601.304, Occupations Code;

(14) Section 1601.305, Occupations Code;

(15) Section 1601.309, Occupations Code;

(16) Section 1601.406(c), Occupations Code;

(17) Section 1602.255(c), Occupations Code;

(18) Section 1602.256, Occupations Code;

(19) Section 1602.257, Occupations Code;

(20) Section 1602.2571, Occupations Code;

(21) Section 1602.2572, Occupations Code;

(22) Section 1602.258, Occupations Code;

(23) Section 1602.259, Occupations Code;

(24) Section 1602.260, Occupations Code;

(25) Section 1602.261, Occupations Code;

(26) Section 1602.262(b), Occupations Code;

(27) Section 1602.267, Occupations Code;

(28) Section 1602.305, Occupations Code;

(29) Section 1602.353, Occupations Code, as added by Chapter 798 (S.B. 411), Acts of the 79th Legislature, Regular Session, 2005;

(30) Section 1603.352, Occupations Code;

(31) Section 1702.1056, Occupations Code;

(32) Section 1702.2227, Occupations Code;

(33) Section 1702.225, Occupations Code

(34) Section 1702.2865, Occupations Code;

(35) Chapter 1802, Occupations Code;

(36) Section 2302.052, Occupations Code;

(37) Subchapter C, Chapter 2302, Occupations Code;

(38) Subchapter D, Chapter 2302, Occupations Code;

(39) Section 2302.203, Occupations Code;

(40) Section 2302.354, Occupations Code;

(41) Section 2303.1016(a), Occupations Code;

(42) Section 2308.1521, Occupations Code;

(43) Section 2308.153, Occupations Code;

(44) Section 2308.154, Occupations Code;

(45) Section 2308.155, Occupations Code;

(46) Section 2308.1551(b), Occupations Code;

(47) Section 2308.1555, Occupations Code; and

(48) Section 2308.157(c), Occupations Code.

SECTION 78. (a) The changes in law made by this Act do not affect the validity of a proceeding pending before a court or other governmental entity on the effective date of this Act.

(b) An offense or other violation of law committed before the effective date of this Act is governed by the law in effect when the offense or violation was committed, and the former law is continued in effect for that purpose. For purposes of this subsection, an offense or violation was committed before the effective date of this Act if any element of the offense or violation occurred before that date.

(c) On the effective date of this Act:

(1) the term of the interior designer member of the Texas Board of Architectural Examiners expires;

(2) the governor shall designate one public member of the Texas Board of Architectural Examiners whose term shall expire;

(3) the term of the locksmith member of the Texas Private Security Board expires; and

(4) a license, certificate, registration, endorsement, or other authorization issued under a law that is repealed by this Act expires.

SECTION 79. Not later than December 1, 2015, the governor shall appoint one member to the Texas Private Security Board so as to comply with the membership requirements of Section 1702.021(a), Occupations Code, as amended by this Act.

SECTION 80. This Act takes effect September 1, 2015.