BILL ANALYSIS

 

 

Senate Research Center

H.B. 2847

 

By: Goldman (Hancock)

 

Business & Commerce

 

5/13/2019

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

H.B. 2847 amends current law relating to the licensing and regulation of certain occupations, activities, and agreements; provides a civil penalty; authorizes fees; and requires an occupational registration and an occupational license.

 

RULEMAKING AUTHORITY

 

Rulemaking authority is expressly granted to the Texas Commission of Licensing and Regulation (TCLR) in SECTION 2.004 (Section 1001.2531, Occupations Code), SECTION 3.001 (Section 401.509, Health and Safety Code), SECTION 10.004 (Section 403.0511, Occupations Code), and SECTION 10.008 (Section 403.111, Occupations Code) of this bill.

 

Rulemaking authority previously granted to TCLR is modified in SECTION 7.008 (Section 601.252, Occupations Code), SECTION 14.001 (Section 1602.255, Occupations Code), and SECTION 15.001 (Section 2309.102, Occupations Code) of this bill.

 

Rulemaking authority previously granted to the Texas State Board of Pharmacy is rescinded in SECTION 4.006 (Sections 554.016 and 556.0555, Occupations Code) and SECTION 15.004 (Chapter 2309, Occupations Code) of this bill.

 

Rulemaking authority previously granted to TCLR is rescinded in SECTION 7.005 (Section 202.602, Occupations Code), SECTION 7.009 (Section 202.6011, Occupations Code), SECTION 11.001 (Chapter 605, Occupations Code), and SECTION 12.002 (Section 701.155, Occupations Code) of this bill.

 

Rulemaking authority previously granted to Texas Department of Licensing and Regulation is rescinded in SECTION 15.004 (Section 2309.154, Occupations Code) of this bill.

 

SECTION BY SECTION ANALYSIS

 

ARTICLE 1. EXCESS WEAR AND USE WAIVERS FOR LEASES OF MOTOR VEHICLES

 

SECTION 1.001. Amends Subtitle B, Title 5, Business and Commerce Code, by adding Chapter 94, as follows:

 

CHAPTER 94. EXCESS WEAR AND USE WAIVERS FOR LEASES OF
MOTOR VEHICLES

 

Sec. 94.001. DEFINITIONS. Defines "excess wear and use waiver," "lease agreement," "lessee," "lessor," and "motor vehicle" for purposes of this chapter.

 

Sec. 94.002. CONTRACT FOR EXCESS WEAR AND USE WAIVER. Authorizes a lessee to contract with a lessor for an excess wear and use waiver in connection with a lease agreement.

 

Sec. 94.003. RESTRICTIONS ON LESSOR CONCERNING EXCESS WEAR AND USE WAIVER. Prohibits a lessor from:

 

(1) selling an excess wear and use waiver, unless the lease agreement containing the excess wear and use waiver complies with this chapter and the lessee agrees to the excess wear and use waiver in writing; or

 

(2) imposing or requiring the purchase of an excess wear and use waiver as a condition of entering into a lease agreement.

 

Sec. 94.004. REQUIRED NOTICE. Requires an excess wear and use waiver to be in writing and include a certain notice. Sets forth required language for the notice.

 

Sec. 94.005.  REQUIRED DISCLOSURES. Requires a lease agreement that includes an excess wear and use waiver to disclose the total charge for the excess wear and use waiver and any exclusions or limitations on the amount of excess wear and use that may be waived under the excess wear and use waiver.

 

Sec. 94.006. RELATIONSHIP TO INSURANCE. Provides that an excess wear and use waiver is not insurance.

 

Sec. 94.007. CIVIL PENALTY. Provides that a lessor that violates this chapter is liable for a civil penalty in an amount of not less than $500 or more than $1,000 for each violation.

 

Sec. 94.008. INJUNCTIVE RELIEF. Authorizes a person injured or threatened with injury by a violation of this chapter to seek injunctive relief against the person committing or threatening to commit the violation.

 

Sec. 94.009. SUIT FOR CIVIL PENALTY OR INJUNCTIVE RELIEF. Authorizes the Texas attorney general or a county or district attorney to bring an action in the name of the state for a civil penalty under Section 94.007, injunctive relief under Section 94.008, or both.

 

SECTION 1.002. Makes application of this article prospective.

 

ARTICLE 2. DRIVER EDUCATION

 

SECTION 2.001. Amends Section 1001.001(7), Education Code, to amend the definition of "driver education school" to provide that it is an enterprise that is operated by an individual, association, partnership, or corporation for educating and training persons in driver education, rather than training persons at a primary or branch location in driver education or driver education instructor development.

 

SECTION 2.002. Amends Section 1001.151(e), Education Code, to authorize the Texas Commission of Licensing and Regulation (TCLR) to establish a fee for an application for approval to offer a driver education course, rather than a driver education course by an alternative method of instruction under Section 1001.3541 (Alternative Method of Instruction For Driver Education Course).

 

SECTION 2.003. Amends Section 1001.204(b), Education Code, as follows:

 

(b) Requires the Texas Department of Licensing and Regulation (TDLR) to approve an application for a driver education school license if the application is submitted on a form approved by TDLR, the application is accompanied by the fee, and TDLR determines that the school, rather than requiring TDLR to approve an application for a driver education school license if the application is submitted on a form approved by the executive director of TDLR (executive director), includes the fee, and on inspection of the premises of the school, it is determined that the school that:

 

(1) makes no changes to this subdivision;

 

(2) has adequate space, equipment, instructional material, and instructors to provide training of good quality in the classroom and behind the wheel, if applicable, rather than has adequate space, equipment, instructional material, and instructors to provide training of good quality in the classroom and behind the wheel;

 

(3)�(6) makes no changes to these subdivisions;

 

(7) complies with certain county, municipal, state, and federal regulations, if applicable, rather than complies with certain county, municipal state, and federal regulations;

 

(8)�(12) makes no changes to these subdivisions;

 

(13) makes a nonsubstantive change to this subdivision;

 

(14) meets any additional criteria required by TDLR, including any applicable inspection requirements, rather than meets any additional criteria required by TDLR; and

 

(15) provides adequate testing and security measures for the school's method of instruction.

 

SECTION 2.004. Amends Subchapter F, Chapter 1001, Education Code, by adding Section 1001.2531, 1001.2532, 1001.2533, 1001.2534, and 1001.2535, as follows:

 

Sec. 1001.2531. DRIVER EDUCATION INSTRUCTOR REQUIREMENTS. (a) Requires TCLR by rule to establish standards for a driver education instructor to be certified as a teaching assistant, driver education teacher, or supervising teacher.

 

(b) Requires an applicant for a driver education instructor license under this section to complete certain enumerated tasks.

 

Sec. 1001.2532. TEACHING ASSISTANT. (a) Provides that a teaching assistant is a driver education instructor who is authorized to teach or provide only behind-the-wheel training.

 

(b) Requires a driver education instructor, to be eligible to be certified as a teaching assistant, to:

 

(1) have successfully completed six semester hours of driver and traffic safety education from an accredited college or university or a teaching assistant development course approved by TDLR; and

 

(2) pass any required examination.

 

Sec. 1001.2533. DRIVER EDUCATION TEACHER. (a) Provides that a driver education teacher is a driver education instructor who is authorized to teach or provide behind‑the‑wheel training and classroom training.

 

(b) Requires a driver education instructor, to be eligible to be certified as a driver education teacher, to:

 

(1) have successfully completed nine semester hours of driver and traffic safety education from an accredited college or university or a driver education teacher development course approved by TDLR; and

 

(2) pass any required examination.

 

Sec. 1001.2534. SUPERVISING TEACHER. (a) Provides that a supervising teacher is a driver education instructor who is authorized to teach instructor training classes.

 

(b) Requires a driver education instructor, to be eligible to be certified as a supervising teacher, to have:

 

(1) been certified as a driver education teacher for at least one year; and

 

(2) successfully completed 15 semester hours of driver and traffic safety education from an accredited college or university or a supervising teacher development course approved by TDLR.

 

(c) Authorizes TCLR, TDLR, or the executive director to adopt an alternative method to determine or verify an instructor's eligibility under Subsection (b).

 

Sec. 1001.2535. DEVELOPMENT COURSE FOR TEACHING ASSISTANT, DRIVER EDUCATION TEACHER, OR SUPERVISING TEACHER. Authorizes the classroom portion of a development course required for certification as a teaching assistant, driver education teacher, or supervising teacher to be completed online.

 

SECTION 2.005. Amends Subchapter H, Chapter 1001, Education Code, by adding Section 1001.3542, as follows:

 

Sec. 1001.3542.  METHOD OF INSTRUCTION FOR DRIVER EDUCATION COURSE. Authorizes a driver education school to teach a driver education course by any method approved by TDLR, including an alternative method under Section 1001.3541 or a traditional method under Subchapter C (Operation of Driver Education School).

 

SECTION 2.006. Repealer: Section 1001.253 (Driver Education Instructor Training), Education Code.

 

Repealer: Section 1001.254 (Temporary License), Education Code.

 

Repealer: Section 1001.256 (Duplicate License), Education Code.

 

Repealer: Section 1001.3541(b) (relating to authorizing TDLR to approve the alternative method if it meets certain requirements), Education Code.

 

SECTION 2.007.  (a) Requires TCLR, as soon as practicable after the effective date of this Act, to adopt rules to implement Section 1001.204(b), Education Code, as amended by this article, and Section 1001.2531, Education Code, as added by this article.

 

(b) Provides that a driver education instructor license issued under Section 1001.253, Education Code, before the repeal of that section by this article, continues to be valid until the license expires, and former Section 1001.253, Education Code, is continued in effect for that purpose.

 

(c) Entitles a person who holds on the effective date of this Act a driver education instructor license described by former Section 1001.253(b), Education Code, on expiration of that license to issuance of a driver education instructor license certified as a teaching assistant under Section 1001.2532, Education Code, as added by this article, if the person otherwise meets the requirements for renewal of a driver education instructor license certified as a teaching assistant.

 

(d) Entitles a person who holds on the effective date of this Act a driver education instructor license described by former Section 1001.253(c), Education Code, on expiration of that license to issuance of a driver education instructor license certified as a driver education teacher under Section 1001.2533, Education Code, as added by this article, if the person otherwise meets the requirements for renewal of a driver education instructor license certified as a driver education teacher.

 

(e) Entitles a person who holds on the effective date of this Act a driver education instructor license described by former Section 1001.253(e), Education Code, on expiration of that license to issuance of a driver education instructor license certified as a supervising teacher under Section 1001.2534, Education Code, as added by this article, if the person otherwise meets the requirements for renewal of a driver education instructor license certified as a supervising teacher.

 

(f) Provides that the changes in law made by this article do not affect the validity of a disciplinary action or other proceeding that was initiated before the effective date of this Act and that is pending before a court or other governmental entity on the effective date of this Act.

 

(g) Provides that Sections 1001.2531, 1001.2532, 1001.2533, and 1001.2534, Education Code, as added by this article, apply only to an application for, or renewal of, an instructor license submitted to TDLR on or after the effective date of this Act. Provides that an application submitted before that date is governed by the law in effect when the application was submitted, and the former law is continued in effect for that purpose.

 

ARTICLE 3. LASER HAIR REMOVAL

 

SECTION 3.001. Amends Subchapter M, Chapter 401, Health and Safety Code, by adding Section 401.509, as follows:

 

Sec. 401.509. CONTINUING EDUCATION. Requires TCLR by rule to establish continuing education requirements for renewal of a certificate under this subchapter (Laser Hair Removal).

 

SECTION 3.002. Requires TCLR, as soon as practicable after the effective date of this Act, to adopt the rules necessary to implement Section 401.509, Health and Safety Code, as added by this article.

 

ARTICLE 4. PHARMACISTS

 

SECTION 4.001. Amends Section 481.075(i), Health and Safety Code, as follows:

 

(i) Requires each dispensing pharmacists to:

 

(1) makes no changes to this subdivision;

 

(2)�(3) makes nonsubstantive changes to these subdivisions; and

 

(4) if the pharmacy does not dispense any controlled substance prescriptions during a period of seven consecutive days, send a report to the Texas State Board of Pharmacy (TSBP) indicating that the pharmacy did not dispense any controlled substance prescriptions during that period, unless the pharmacy has obtained a waiver or permission to delay reporting to TSBP.

 

SECTION 4.002. Amends Sections 481.076(a) and (k), Health and Safety Code, as follows:

 

(a) Prohibits TSBP from permitting any person to have access to information submitted to TSBP under Section 481.074(q) (relating to requiring each dispensing pharmacist to send certain information to TSBP by a certain method not later than the next business day after the prescription is filled) or 481.075 (Official Prescription Program) except:

 

(1) TSBP, the Texas Medical Board (TMB), TDLR, with respect to the regulation of podiatrists, rather than the State Board of Podiatric Medical Examiners, the Texas State Board of Dental Examiners, the Texas State Board of Veterinary Medical Examiners, the Texas Board of Nursing, or the Texas Optometry Board for certain purposes;

 

(2)�(4) makes no changes to these subdivisions;

 

(5) provided that accessing the information is authorized under the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) and regulations adopted under that Act:

 

(A)  a pharmacist or a pharmacist-intern, pharmacy technician, or pharmacy technician trainee, as defined by Section 551.003 (Definitions), Occupations Code, acting at the direction of a pharmacist, who is inquiring about a recent Schedule II, III, IV, or V prescription history of a particular patient of the pharmacist, rather than a pharmacist or a pharmacy technician, as defined by Section 551.003, Occupations Code, acting at the direction of a pharmacist; or

 

(B) makes no changes to this paragraphs;

 

(6) a pharmacist or practitioner who is inquiring about the person's own dispensing or prescribing activity or a practitioner who is inquiring about the prescribing activity of an individual to whom the practitioner has delegated prescribing authority, rather than a pharmacist or practitioner who is inquiring about the person's own dispensing or prescribing activity; or

 

(7) makes no changes to this subdivision.

 

(k) Provides that a person authorized to access information under Subsection (a)(4) or (5), rather than under Subsection (a)(4), who is registered with TSBP for electronic access to the information is entitled to directly access the information available from other states pursuant to a certain interoperability agreement.

 

SECTION 4.003. Amends Section 481.0766(a), Health and Safety Code, as follows:

 

(a) Requires a wholesale distributor to report to TSBP the distribution of all Schedules II, III, IV, and V controlled substances by the distributor to a person in this state. Requires the distributor to report the information to TSBP in the same format and with the same frequency as the information is reported to the Federal Drug Enforcement Administration, rather than requiring a wholesale distributor to report to TSBP the information that the distributor is required to report to the Automation of Reports and Consolidated Orders System (ARCOS) of the Federal Drug Enforcement Administration for the distribution of a controlled substance by the distributor to a person in this state. Deletes existing text requiring the distributor to report the information to TSBP in the same format and with the same frequency as the information is reported to ARCOS.

 

SECTION 4.004. Amends Section 481.353(a), Health and Safety Code, to require the interagency prescription monitoring work group to meet when necessary as determined by TSBP, rather than to meet at least quarterly.

 

SECTION 4.005. Amends Section 560.051(f), Occupations Code, as follows:

 

(f) Authorizes a Class E pharmacy license or nonresident pharmacy license to be issued to a pharmacy located in another state whose primary business is to:

 

(1) creates this subdivision from text of existing Paragraphs (A) and (B) and deletes the designation of those paragraphs;

 

(2) process a prescription drug order for a patient, including a patient in this state; or

 

(3) perform another pharmaceutical service, as defined TSBP rule.

 

SECTION 4.006. Repealer: Section 554.016 (Canadian Pharmacy Inspection; Designation; Fees; Information), Occupations Code.

 

Repealer: Section 556.0555 (Inspections), Occupations Code.

 

Repealer: Section 560.001(c) (relating to prohibiting a pharmacy in Canada from shipping, mailing, or delivering certain prescription drugs to this state), Occupations Code.

 

Repealer: Section 560.0525 (Additional Qualification Requirements For Canadian Pharmacies), Occupations Code.

 

Repealer: Section 561.003(f) (relating to prohibiting a pharmacy from renewing a license under this section if the pharmacy meets certain criteria), Occupations Code.

 

Repealer: Section 562.101(f-1) (relating to certain requirements for a Canadian pharmacy that meets certain criteria), Occupations Code.

 

Repealer: Section 562.111 (Prescription Drug Order For Consumer), Occupations Code.

 

Repealer: Subchapter E (Practice by Canadian Pharmacy), Chapter 562, Occupations Code.

 

ARTICLE 5. BOILERS

 

SECTION 5.001. Amends Section 755.029(c), Health and Safety Code, to require a certificate of operation to be posted in a conspicuous place, rather than under glass in a conspicuous place, on or near the boiler for which it is issued.

 

ARTICLE 6. TEXAS DEPARTMENT OF LICENSING AND REGULATION

 

SECTION 6.001. Amends Section 51.2031(a-2), Occupations Code, to remove the provision that this subsection and Subsection (a-1) (relating to prohibiting TCLR from adopting certain new rules unless the rule has been previously proposed and requiring TCLR to adopt rules prescribing procedure by which the advisory board is authorized to propose rules) expire September 1, 2019.

 

SECTION 6.002. Amends Subchapter E, Chapter 51, Occupations Code, by adding Section 51.254, as follows:

 

Sec. 51.254. CONFIDENTIALITY OF COMPLAINT AND DISCIPLINARY INFORMATION. (a) Defines, unless the context requires otherwise, "disciplinary action" and "patient."

 

(b) Provides that this section applies only to certain listed professions.

 

(c) Provides that, except as otherwise provided by this section, a complaint and investigation concerning a person to whom this section applies and all information and materials subpoenaed or compiled by TDLR in connection with the complaint and investigation are confidential and not subject to certain disclosures.

 

(d) Authorizes a complaint or investigation subject to this section and all information and materials subpoenaed or compiled by TDLR in connection with the complaint and investigation to be disclosed to certain entities.

 

(e) Authorizes TDLR, notwithstanding any other provision of this section, if a TDLR investigation would be jeopardized by the release or disclosure, to temporarily withhold or otherwise refrain from releasing or disclosing to any person any information or materials that TDLR would otherwise be required to release or disclose.

 

(f) Prohibits TDLR from being compelled to release or disclose complaint and investigation information or materials to a person listed in Subsection (d) if TDLR has not issued a notice of alleged violation related to the information or materials.

 

(g) Authorizes TDLR to release or disclose complaint and investigation information or materials in accordance with Subsection (d) at any stage of a disciplinary action.

 

(h) Requires TDLR to protect the identity of any patient whose records are examined in connection with a disciplinary action, other than a patient who initiates the disciplinary action, is a witness in the disciplinary action, or has submitted a written consent to release the records.

 

(i) Provides that notices of alleged violation issued by TDLR against respondents, disciplinary proceedings of TDLR, TCLR, or the executive director, and final disciplinary actions, including warnings and reprimands, by TDLR, TCLR, or the executive director are not confidential and are subject to disclosure in accordance with Chapter 552, Government Code.

 

SECTION 6.003. Amends Section 202.2032(c), Occupations Code, to include Chapter 51 (Texas Department of Licensing and Regulation) among chapters the confidentiality requirements of which do not apply to a certain disclosure under this subsection.

 

SECTION 6.004. Amends Section 202.404(e), Occupations Code, to require TDLR to protect the identity of a patient whose podiatric records are examined or provided under Subsection (c), rather than under Subsection (c) or (d), other than a certain patient.

 

SECTION 6.005. Amends Section 202.509(g), Occupations Code, to remove Subsections (b) and (d) from a list of provisions TDLR's disclosure of information under which does not constitute a waiver of privilege or confidentiality under this chapter (Podiatrists) or any other law.

 

SECTION 6.006. Repealer: Section 202.404(d) (relating to providing that the privilege and confidentiality requirements under this subchapter do not apply to certain criminal investigations and criminal proceedings), Occupations Code.

 

Repealer: Section 202.509(a) (relating to providing that certain complaints, reports, investigation files, or other investigative information is privileged, confidential, and not subject to certain legal methods compelling release), Occupations Code.

 

Repealer: Section 202.509(b) (relating to authorizing TDLR to release information in TDLR possession if certain criteria are met), Occupations Code.

 

Repealer: Section 202.509(c) (relating to providing that TDLR is not required to release certain information regarding certain individuals), Occupations Code.

 

Repealer: Section 202.509(d) (relating to authorizing certain investigative information in TDLR's possession that relates to a disciplinary action regarding a license holder to be disclosed to certain individuals), Occupations Code.

 

Repealer: Section 202.509(h) (relating to requiring TDLR to protect the identity of a complainant to the extent possible), Occupations Code.

 

Repealer: Section 401.2535 (Confidentiality of Complaint and Disciplinary Information), Occupations Code.

 

Repealer: Section 402.154 (Confidentiality of Complaint and Disciplinary Information), Occupations Code.

 

Repealer: Section 451.110 (Confidentiality of Complaint and Disciplinary Information), Occupations Code.

 

Repealer: Section 506.202 (Confidentiality of Complaint Information), Occupations Code.

 

Repealer: Subchapter E (Complaint Information), Chapter 605, Occupations Code.

 

Repealer: Subchapter E (Complaint Procedures), Chapter 701, Occupations Code.

 

SECTION 6.007. Makes application of this article prospective.

 

ARTICLE 7. PODIATRY

 

SECTION 7.001. Amends Section 202.2032(d), Occupations Code, to require TDLR to notify the license holder who is the subject of the complaint, rather than to notify the license holder who is the subject of the complaint not later than the 15th day after the date the complaint is filed with TDLR, who is the subject of the complaint of the name and address of certain entities who filed the complaints, unless the notice would jeopardize the investigation.

 

SECTION 7.002. Amends Subchapter E, Chapter 202, Occupations Code, by adding Section 202.204, as follows:

 

Sec. 202.204.  EXPERT WITNESS. (a) Defines "expert witness" for purposes of this section.

 

(b) Authorizes TDLR to contract with an expert witness, including an advisory board member under Section 202.051(a)(1) (relating to providing specific members for the Podiatric Medical Examiners Advisory Board), to assist TDLR with reviewing, investigating, or prosecuting a complaint filed under this chapter.

 

(c) Provides that, except for an act by an expert witness involving fraud, conspiracy, or malice, an expert witness is immune from liability and is prohibited from being subject to a suit for damages for any act arising from the performance of the expert witness's specific duties.

 

SECTION 7.003. Section 202.253(a-1), Occupations Code, as follows:

 

(a-1) Authorizes TCLR and TDLR to refuse to admit a person to an examination, and to refuse to issue a license to practice podiatry to a person, for:

 

(1) makes no changes to this subdivision;

 

(2) being convicted of an offense under 202.606 (Criminal Penalty: Amputation of Foot), rather than being convicted of a felony, a crime that involves moral turpitude, or an offense under Section 202.606; or

 

(3)�(18) makes no changes to these subdivisions.

 

SECTION 7.004. Amends Subchapter H, Chapter 202, Occupations Code, by adding Section 202.354, as follows:

 

Sec. 202.354. DELEGATION OF CERTAIN ACTS. (a) Authorizes a podiatrist to delegate to a qualified and properly trained podiatric medical assistant acting under the podiatrist's supervision any podiatric medical act that a reasonable and prudent podiatrist would find within the scope of sound medical judgment to delegate if:

 

(1) in the opinion of the delegating podiatrist, the medical act can be properly and safely performed by the podiatric medical assistant to whom the podiatric medical act is delegated and is performed in a customary manner and not in violation of any other statute; and

 

(2) the podiatric medical assistant to whom the podiatric medical act is delegated does not represent to the public that the medical assistant is authorized to practice podiatry.

 

(b) Provides that a delegating podiatrist is responsible for a podiatric medical act performed by the podiatric medical assistant to whom the podiatrist delegates the act.

 

SECTION 7.005. Amends Section 202.602(a), Occupations code, as follows:

 

(a) Requires TDLR to develop a system to identify and monitor a podiatrist's compliance with this chapter and any order issued by TCLR or the executive director under this chapter, rather than requiring TCLR by rule to develop a system to monitor a podiatrist's compliance with this chapter. Deletes the requirement of the system to include procedures for determining whether a podiatrist is in compliance with an order issued by TCLR or the executive director and a method of identifying and monitoring each podiatrist who represents a risk to the public.

 

SECTION 7.006. Amends Subchapter D, Chapter 601, Occupations Code, by adding Section 601.157, as follows:

 

Sec. 601.157. PERSON SUPERVISED BY PODIATRIST. Provides that a person is not required to hold a certificate issued under this chapter (Medical Radiologic Technologists) to perform a radiologic procedure if the procedure is performed under the supervision of a podiatrist and the person is registered with TDLR to assist a podiatrist complies with rules adopted under Section 601.252(e).

 

SECTION 7.007. Amends Section 601.251, Occupations code, as follows:

 

Sec. 601.251. APPLICABILITY. Provides that this subchapter (Other Licensing Agencies; Rulemaking and Registration Requirements) applies to:

 

(1)�(4) makes no changes to these subdivisions;

 

(5) TDLR, with respect to TDLR's authority to regulate podiatrists, rather than to the Texas State Board of Podiatric Medical Examiners; and

 

(6) makes no changes to this subdivision.

 

SECTION 7.008. Amends Section 601.252, Occupations Code, by adding Subsections (e) and (f), as follows:

 

(e) Requires rules adopted under this section (Requirement to Adopt Rules) by TCLR to meet certain enumerated criteria.

 

(f) Authorizes TCLR, in adopting rules under Subsection (e), to take into account whether the radiologic procedure will be performed by a registered nurse.

 

SECTION 7.009. Repealer: Section 202.2025 (Complaint Priority), Occupations Code.

 

Repealer: Section 202.6011 (Penalty Schedule), Occupations Code.

 

SECTION 7.010. Makes application of Section 202.2032, Occupations Code, as amended by this article, prospective.

 

SECTION 7.011. Makes application of section 202.253(a-1), Occupations Code, as amended by this article, prospective.

 

SECTION 7.012. Provides that, to the extent of any conflict, Section 601.251, Occupations Code, as amended by this article, prevails over another Act of the 86th Legislature, Regular Session, 2019, relating to nonsubstantive additions to and corrections in enacted codes.

 

ARTICLE 8. MIDWIVES

 

SECTION 8.001. Amends Section 203.056, Occupations Code, to require the presiding officer of TCLR to designate a member, rather than a public member, of the Midwives Advisory Board to serve as the presiding officer of that advisory board for a term of one year.

 

SECTION 8.002. Repealer: Section 203.152 (Fees), Occupations Code.

 

SECTION 8.003. Provides that Section 203.056, Occupations Code, as amended by this article, does not affect the entitlement of a member of the Midwives Advisory Board who is serving as the presiding officer of the advisory board immediately before the effective date of this Act to continue to serve in that capacity for the remainder of the member's term as presiding officer.

 

ARTICLE 9. AUDIOLOGISTS

 

SECTION 9.001. Amends Section 401.403(b), Occupations Code, as follows:

 

(b) Deletes existing text of Subdivision (1) relating to registration with TDLR, redesignates existing Subdivisions (2)�(5) as Subdivisions (1)�(4) and makes nonsubstantive changes. Requires a person who holds a license, rather than a person who meets the requirements of this chapter (Speech-Language Pathologists and Audiologists) for licensing, as an audiologist or audiologist intern and who fits and dispenses hearing instruments to:

 

(1) comply with rules adopted under this chapter related to fitting and dispensing hearing instruments, rather than comply with the profession's code of ethics;

 

(2) makes no further changes to this subdivision;

 

(3) when providing services in this state, use a written contract that contains TDLR's name, mailing address, telephone number, and Internet website address, rather than that contains TDLR's names, mailing address, and telephone number; and

 

(4) makes no further changes to this subdivision.

 

ARTICLE 10. DYSLEXIA THERAPISTS

 

SECTION 10.001. Amends the heading to Chapter 403, Occupations Code, to read as follows:

 

CHAPTER 403. LICENSED DYSLEXIA THERAPISTS

 

SECTION 10.002. Amends Subchapter A, Chapter 403, Occupations Code, by adding Sections 403.004, 403.005, and 403.006, as follows:

 

Sec. 403.004. APPLICABILITY: TEACHER OR EMPLOYEE OF SCHOOL. Provides that this chapter does not apply to a teacher or employee of a private or public primary or secondary school who practices dyslexia therapy within the scope of the teacher�s or employee�s employment.

 

Sec. 403.005. APPLICABILITY: FAMILY MEMBERS AND GUARDIANS. Provides that this chapter does not apply to a family member or guardian of a recipient of dyslexia therapy who is implementing a dyslexia therapy plan for the recipient under the extended authority and direction of a licensed dyslexia therapist or a person described by Section 403.004.

 

Sec. 403.006. APPLICABILITY: SUPERVISED PERSONNEL. Provides that this chapter does not apply to an unlicensed person who is implementing a dyslexia therapy plan under the supervision of a licensed dyslexia therapist.

 

SECTION 10.004. Amends Section 403.0511, Occupations Code, to require that TCLR adopt rules necessary to administer and enforce this chapter and to make nonsubstantive changes to this section.

 

SECTION 10.005. Amends Section 403.101, Occupations Code, as follows:

 

Sec. 403.101. LICENSE REQUIRED. (a) Prohibits a person, except as provided by Subchapter A (General Provisions), from engaging in the practice of dyslexia therapy unless the person holds a license under this chapter.

 

(b) Creates this subsection from existing text. Prohibits a person from using the title "licensed dyslexia therapist" in this state unless the person holds a the appropriate license under this chapter, rather than prohibiting a person form using the title "licensed dyslexia practitioner" or "licensed dyslexia therapist" in this state unless the person holds the appropriate license under this chapter.

 

SECTION 10.006. Amends Section 403.102, Occupations Code, to make a conforming change.

 

SECTION 10.007. Amends Sections 403.106(a) and (b), Occupations Code, as follows:

 

(a) Requires a multisensory structured language education training program completed by an applicant for a dyslexia therapist license, for purposes of determining whether the applicant satisfies the training requirements for a license under this chapter, to:

 

(1)�(7) makes no changes to these subdivisions;

 

(8) have provided direct instruction in the principles and in each element of multisensory structured language education for a minimum of 200 contact hours of course work, rather than a minimum of 200 contact hours of course work for training program participants who seek a licensed dyslexia therapist license. Deletes the designation of Paragraph (A). Deletes paragraph (B) and existing text requiring 45 contact hours of course work for training program participants who seek a licensed dyslexia practitioner license. Makes nonsubstantive changes to this subdivision.

 

(9) makes conforming changes to this subdivision; and

 

(10) and (11) makes no changes to these subdivisions.

 

(b) Requires a training program to require a training program participant to have completed at least 10 demonstrated lessons described by Subsection (a)(10), rather than requiring a training program to require a training program participant who seeks a licensed dyslexia practitioner license to have completed at least five demonstrated lessons described by Subsection (a)(10) and a participant who seeks a licensed dyslexia therapist license to have completed at least 10 demonstration lessons.

 

SECTION 10.008. Amends Subchapter C, Chapter 403, Occupations Code, by adding Section 403.111, as follows:

 

Sec. 403.111. PROVISIONAL LICENSE. (a) Provides that a person is eligible for a provisional license under this chapter if the person is certified as a Certified Academic Language Therapist by the Academic Language Therapy Association and pursuing a master�s degree from an accredited public or private institution of higher education.

 

(b) Requires TDLR to issue a provisional license to an applicant who meets the requirements of Subsection (a), complies with TCLR rules, applies to TDLR on the form and in the manner prescribed by the executive director, and pays the required fee.

 

(c) Requires TCLR to adopt rules necessary to implement this section.

 

(d) Provides that this section expires September 1, 2024.

 

SECTION 10.009. Amends Section 403.151(b), Occupations Code, to prohibit a person from practicing dyslexia therapy in private practice setting, including a learning center or clinic, unless the person is a licensed dyslexia therapist, rather than authorizing a licensed dyslexia therapist to practice in a school, learning center, clinic, or private practice setting.

 

SECTION 10.010. Repealer: Section 403.104 (Eligibility For Licensed Dyslexia Practitioner License), Occupations Code.

 

Repealer: Section 403.151(a) (relating to authorizing a licensed dyslexia practitioner to practice only in certain settings), Occupations Code.

 

SECTION 10.011. Provides that a license issued under a law that is repealed by this article expires on the effective date of this Act.

 

SECTION 10.012. (a) Provides that the change in law made by this article does not affect the validity of a proceeding pending before a court or other governmental entity on the effective date of this Act.

 

(b) Provides that a violation of law committed before the effective date of this Act is governed by the law in effect on the date the violation was committed, and the former law is continued in effect for that purpose.

 

ARTICLE 11.� ORTHOTIC AND PROSTHETIC TECHNICIANS

 

SECTION 11.001. Repealers: Sections 605.002(19) (relating to the definition of "registered orthotic technician"), Occupations Code.

 

Repealers: Sections 605.002(20) (relating to the definition of "registered prosthetic orthotic technician"), Occupations Code.

 

Repealers: Sections 605.002(21) (relating to the definition of "registered prosthetic technician"), Occupations Code.

 

Repealer: Section 605.259 (Orthotic or Prosthetic Technician Registration Certificate), Occupations Code.

 

SECTION 11.002. (a) Provides that, on the effective date of this Act, a registered orthotic technician or registered prosthetic technician certificate issued under former Section 605.259, Occupations Code, expires.

 

(b) Requires TCLR, as soon as practicable after the effective date of this Act, to repeal all rules regarding the regulation of orthotic and prosthetic technicians adopted under Chapter 605 (Orthotists and Presthetists), Occupations Code.

 

SECTION 11.003. Provides that the change in law made by this article does not affect the validity of a proceeding pending before a court or other governmental entity on the effective date of this Act.

 

ARTICLE 12. DIETITIANS

 

SECTION 12.001. Amends Section 701.151(b), Occupations Code, as follows:

 

(b) Requires TCLR or TDLR, as appropriate, rather than requiring TDLR, to:

 

(1) adopt and publish a code of ethics, rather than adopt an official seal;

 

(2) establish the qualifications and fitness of applicants for licenses, including renewed and reciprocal licenses;

 

(3) request and receive any necessary assistance from state educational institutions or other state agencies. Deletes existing Subdivision (4) requiring TDLR, to revoke, suspend, or deny a license, probate a license suspension, or reprimand a license holder for a violation of this chapter (Dietitians), a rule adopted under this chapter, or the code of ethics.

 

SECTION 12.002. Repealer: Sections 701.155 (Seal), Occupations Code.

 

Repealer: Section 701.353 (Prohibited Use of Seal), Occupations Code.

 

ARTICLE 13. INTERIOR DESIGNERS

 

SECTION 13.001. Amends Section 1051.451, Occupations Code, as follows:

 

Sec. 1051.451. IMPOSITION OF ADMINISTRATIVE PENALTY. (a) Creates this subsection from existing text. Authorizes the Texas Board of Architectural Examiners (TBAE), except as provided by Subsection (b), to impose an administrative penalty on a person who engages in conduct for which the person is subject to disciplinary action under this subtitle (Regulation of Architecture and Related Practices), regardless of whether the person holds a certificate of registration issued under this subtitle.

 

(b) Prohibits TBAE form imposing an administrative penalty under this subtitle on a person for conduct related to the practice of interior design unless the person holds a certificate of registration as an interior designer.

 

SECTION 13.002. Amends Section 1053.251(a), Occupations Code, to require TBAE, on a determination that a ground for disciplinary action exists under Section 1053.252 (Grounds For Disciplinary Action), to take certain actions, including impose an administrative penalty on a certificate holder, rather than on a person, under Subchapter I (Administrative Penalty), Chapter 1051.

 

SECTION 13.003. Repealer: Subchapter H (Penalties), Chapter 1053, Occupations Code.

 

SECTION 13.004. Makes application of Sections 1051.451 and 1053.251(a), Occupations Code, as amended by this article, prospective.

 

SECTION 13.005. Provides that the repeal by this article of Subchapter H, Chapter 1053, Occupations Code, does not apply to an offense committed under that subchapter before the effective date of the repeal. Provides that an offense committed before the effective date of the repeal is governed by the law as it existed on the date the offense was committed, and the former law is continued in effect for that purpose. Provides that, for purposes of this section, an offense was committed before the effective date of the repeal if any element of the offense occurred before that date.������

ARTICLE 14.� BARBERS AND COSMETOLOGISTS

 

SECTION 14.001. Amends Section 1602.255(c), Occupations Code, as follows:

 

(c) Requires TCLR to adopt rules for the licensing of specialty instructors to teach specialty courses in the practice of cosmetology defined in Sections 1602.002(a)(2) (relating to servicing a person's wig or artificial hairpiece), (4) (relating to cleansing, stimulating, or massaging a person's scalp, face, neck, or arms) (5) (relating to beautifying a person's face, neck, or arms), (6) (relating to administering facial treatments), (7) (relating to removing superfluous hair using certain methods), (8) (relating to treating a person's nails), (9) (relating to performing certain actions on feet), (10) (relating to applying certain extensions to eyelashes), and (11) (relating to weaving a person's hair), rather than Sections 1602.002(a)(5), (7), (8), (9), and (10).

 

SECTION 14.002. Amends Section 1602.261(a), Occupations Code, to authorize a person holding a manicurist/esthetician specialty license to perform only the practice of cosmetology defined in Sections 1602.002(a)(4) through (10), rather than through (9).

 

SECTION 14.003. Amends Section 1602.305(a), Occupations Code, to authorize a person holding a specialty shop license to maintain an establishment in which only the practice of cosmetology as defined in Section 1602.002(a)(2), (4), (5), (6), (7), (8), (9), (10), or (11), rather than Section 1602.002(a)(2), (5), (7), (8), or (10) is performed.

 

SECTION 14.004. Amends Section 1603.104, Occupations Code, by amending Subsection (b) and adding Subsections (c) and (c-1), as follows:

 

(b) Requires TDLR, except as otherwise provided by this section (Periodic Inspections), at least once every four years, rather than requiring TDLR every two years, to inspect each shop or other facility that holds a license, certificate, or permit in which the practice of barbering or cosmetology is performed under this chapter, Chapter 1601, or Chapter 1602.

 

(c) Creates this subsection from existing text and makes nonsubstantive changes.

 

(c-1) Requires TDLR, at least once every two years, to inspect each specialty shop that holds a license, certificate, or permit issued under this chapter, Chapter 1601, or Chapter 1602 and at which the practices described by Section 1601.002(1)(E) (relating to treating a person's nails) or (F) (relating to performing certain actions on a person's hands) or 1602.002(a)(8) or (9) are performed.

 

ARTICLE 15. USED AUTOMOTIVE PARTS RECYCLERS

 

SECTION 15.001. Amends Section 2309.102(a), Occupations Code, to require that TCLR adopt rules for licensing used automotive parts recyclers, rather than adopt rules for licensing used automotive parts recyclers and used automotive parts employees.

 

SECTION 15.002. Amends the heading to Section 2309.106, Occupations Code, to read as follows:

 

Sec. 2309.106. PERIODIC INSPECTIONS.

 

SECTION 15.003. Repealer: Sections 2309.106(c) (relating to requiring TDLR to conduct certain additional inspections), Occupations Code.

 

Repealer: Section 2309.106(d) (relating to requiring a used automotive parts recycler to pay a certain fee), Occupations Code.

 

Repealer: 2309.154 (Used Automotive Parts Employee License Required), Occupations Code.

 

SECTION 15.004. (a) Provides that, on the effective date of this Act, a used automotive parts employee license issued under former Section 2309.154, Occupations Code, expires.

 

(b) Requires TCLR, as soon as practicable after the effective date of this Act, to repeal all rules regarding the regulation of used automotive parts employees adopted under Chapter 2309, Occupations Code.

 

SECTION 15.005. (a) Provides that the change in law made by this article to Chapter 2309, Occupations Code, does not affect the validity of a proceeding pending before a court or other governmental entity on the effective date of this Act.

 

(b) Provides that 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. Provides that, 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.

 

ARTICLE 16. EFFECTIVE DATE

 

SECTION 16.001. Effective date: September 1, 2019.