H.B. No. 2699
 
 
 
 
AN ACT
  relating to the permit and license examinations for hearing
  instrument fitters and dispensers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 402.104(a) and (d), Occupations Code,
  are amended to read as follows:
         (a)  The department shall develop and maintain an
  examination that may include a written [, oral,] or practical test
  [tests]. The department shall administer or arrange for the
  administration and validation of the examination.
         (d)  The practical test [examination] must be administered
  by one or more qualified proctors selected and assigned by the
  department.
         SECTION 2.  Section 402.204(a), Occupations Code, is amended
  to read as follows:
         (a)  The examination must consist of written and [, oral, or]
  practical tests that are objective in method and applied in a
  consistent manner.
         SECTION 3.  Section 402.205, Occupations Code, is amended by
  amending Subsections (a) and (c) and adding Subsection (d) to read
  as follows:
         (a)  The department or the department's authorized
  representative shall give each applicant due notice of the date and
  place of the examination and the subjects, areas, and skills that
  will be included in the examination. A change may not be made in
  those subjects, areas, and skills after the date of the examination
  has been announced and publicized.
         (c)  An [On reexamination, an] applicant who previously
  failed an examination or test may retake the examination or test.
         (d)  An applicant who previously failed a practical test may
  be retested [examined] only on those portions of the practical test
  [examination] that the applicant failed.
         SECTION 4.  Section 402.207(a), Occupations Code, is amended
  to read as follows:
         (a)  The department shall issue an apprentice permit to fit
  and dispense hearing instruments to a temporary training permit
  holder who has:
               (1)  passed the required [all parts of the] examination
  [with a score of 70 percent or greater];
               (2)  paid the required fees; and
               (3)  met all requirements of this chapter.
         SECTION 5.  Sections 402.209(e) and (f), Occupations Code,
  are amended to read as follows:
         (e)  If the department approves an application, [on the next
  regularly scheduled examination date] the applicant may take the
  practical test [section of the examination required under Section
  402.202] and a written test [examination] of Texas law administered
  by the department or the department's authorized representative.
  [If the applicant passes the examinations required under this
  section, the department shall issue to the applicant a license
  under this chapter.]
         (f)  The department may allow an applicant under this section
  who satisfies all application requirements other than the
  requirement under Subsection (c)(2) to take [all sections of] the
  examination [required under Section 402.202. If the applicant
  passes the examination, the department shall issue to the applicant
  a license under this chapter].
         SECTION 6.  The following provisions of the Occupations Code
  are repealed:
               (1)  Sections 402.104(b) and (c); and
               (2)  Section 402.203(c).
         SECTION 7.  The changes in law made by this Act to Chapter
  402, Occupations Code, apply only to a person who applies to take an
  examination on or after the effective date of this Act. A person who
  first applies to take an examination before the effective date of
  this Act is governed by the law in effect on the date the person
  applies, and the former law is continued in effect for that purpose.
         SECTION 8.  This Act takes effect September 1, 2019.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2699 was passed by the House on April
  16, 2019, by the following vote:  Yeas 146, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 2699 was passed by the Senate on May
  19, 2019, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor