By: Goldman H.B. No. 2847
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the licensing and regulation of certain occupations and
  activities; authorizing fees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1001.001(7), Education Code, is amended
  to read as follows:
               (7)  "Driver education school" means an enterprise
  that:
                     (A)  maintains a place of business or solicits
  business in this state; and
                     (B)  is operated by an individual, association,
  partnership, or corporation for educating and training persons [at
  a primary or branch location] in driver education or driver
  education instructor development.
         SECTION 1.002.  Section 1001.151(e), Education Code, is
  amended to read as follows:
         (e)  The commission may establish a fee for an application
  for approval to offer a driver education course [by an alternative
  method of instruction under Section 1001.3541].
         SECTION 1.003.  Section 1001.204(b), Education Code, is
  amended to read as follows:
         (b)  The department shall approve an application for a driver
  education school license if the application is submitted on a form
  approved by the department [executive director], the application is
  accompanied by [includes] the fee, and the department determines 
  [on inspection of the premises of the school, it is determined] that
  the school:
               (1)  has courses, curricula, and instruction of a
  quality, content, and length that reasonably and adequately achieve
  the stated objective for which the courses, curricula, and
  instruction are offered;
               (2)  has adequate space, equipment, instructional
  material, and instructors to provide training of good quality in
  the classroom and behind the wheel, if applicable;
               (3)  has instructors who have adequate educational
  qualifications and experience;
               (4)  provides to each student before enrollment:
                     (A)  a copy of:
                           (i)  the refund policy;
                           (ii)  the schedule of tuition, fees, and
  other charges; and
                           (iii)  the regulations relating to absence,
  grading policy, and rules of operation and conduct; and
                     (B)  the department's name, mailing address,
  telephone number, and Internet website address for the purpose of
  directing complaints to the department;
               (5)  maintains adequate records as prescribed by the
  department to show attendance and progress or grades and enforces
  satisfactory standards relating to attendance, progress, and
  conduct;
               (6)  on completion of training, issues each student a
  certificate indicating the course name and satisfactory
  completion;
               (7)  complies with all county, municipal, state, and
  federal regulations, including fire, building, and sanitation
  codes and assumed name registration, if applicable;
               (8)  is financially sound and capable of fulfilling its
  commitments for training;
               (9)  maintains and publishes as part of its student
  enrollment contract the proper policy for the refund of the unused
  portion of tuition, fees, and other charges if a student fails to
  take the course or withdraws or is discontinued from the school at
  any time before completion;
               (10)  does not use erroneous or misleading advertising,
  either by actual statement, omission, or intimation, as determined
  by the department;
               (11)  does not use a name similar to the name of another
  existing school or tax-supported educational institution in this
  state, unless specifically approved in writing by the executive
  director;
               (12)  submits to the department for approval the
  applicable course hour lengths and curriculum content for each
  course offered by the school;
               (13)  does not owe an administrative penalty for a
  violation of this chapter; [and]
               (14)  meets any additional criteria required by the
  department, including any applicable inspection requirements; and
               (15)  provides adequate testing and security measures
  for the school's method of instruction.
         SECTION 1.004.  Subchapter F, Chapter 1001, Education Code,
  is amended by adding Sections 1001.2531, 1001.2532, 1001.2533, and
  1001.2534, to read as follows:
         Sec. 1001.2531.  DRIVER EDUCATION INSTRUCTOR REQUIREMENTS.
  (a)  The commission by rule shall establish standards for a driver
  education instructor to be certified as a teaching assistant,
  driver education teacher, or supervising teacher.
         (b)  An applicant for a driver education instructor license
  under this section must:
               (1)  apply to the department on a form prescribed by the
  department and under rules adopted by the commission;
               (2)  submit with the application a nonrefundable
  application fee in an amount set by commission rule; and
               (3)  present satisfactory evidence to the department
  that the applicant:
                     (A)  is at least 21 years of age;
                     (B)  holds a high school diploma or high school
  equivalency certificate; and
                     (C)  meets any other requirement established by
  commission rule.
         Sec. 1001.2532.  TEACHING ASSISTANT. (a)  A teaching
  assistant is a driver education instructor who is authorized to
  teach or provide only behind-the-wheel training.
         (b)  To be eligible to be certified as a teaching assistant,
  a driver education instructor must:
               (1)  have successfully completed:
                     (A)  six semester hours of driver and traffic
  safety education from an accredited college or university; or
                     (B)  a teaching assistant development course
  approved by the department; and
               (2)  pass any required examination.
         Sec. 1001.2533.  DRIVER EDUCATION TEACHER.  (a)  A driver
  education teacher is a driver education instructor who is
  authorized to teach or provide behind-the-wheel training and
  classroom training.
         (b)  To be eligible to be certified as a driver education
  teacher, a driver education instructor must:
               (1)  have successfully completed:
                     (A)  nine semester hours of driver and traffic
  safety education from an accredited college or university; or
                     (B)  a driver education teacher development
  course approved by the department;
               (2)  pass any required examination; and
               (3)  comply with the additional requirements under
  Section 1001.2535.
         Sec. 1001.2534.  SUPERVISING TEACHER. (a)  A supervising
  teacher is an instructor who is authorized to teach instructor
  training classes.
         (b)  To be eligible to be certified as a supervising teacher,
  a driver education instructor must:
               (1)  have been certified as a driver education teacher
  for at least one year; and
               (2)  have successfully completed:
                     (A)  15 semester hours of driver and traffic
  safety education from an accredited college or university; or
                     (B)  a supervising teacher development course
  approved by the department; and
               (3)  must have:
                     (A)  a teaching certificate and any additional
  certification required by commission rule to teach driver
  education;
                     (B)  completed 15 semester hours in education
  courses at an accredited college or university during the 10 years
  before the application date; or
                     (C)  obtained an associate or baccalaureate
  degree in education from an accredited college or university.
         (c)  The commission, department, or executive director may
  adopt an alternative method to determine or verify an instructor's
  eligibility under Subsection (b).
         SECTION 1.005.  Subchapter H, Chapter 1001, Education Code,
  is amended by adding Section 1001.3542 to read as follows:
         Sec. 1001.3542.  METHOD OF INSTRUCTION FOR DRIVER EDUCATION
  COURSE. A driver education school may teach a driver education
  course by any method approved by the department, including an
  alternative method under Section 1001.3541 or a traditional method
  under Subchapter C.
         SECTION 1.006.  The following provisions of the Education
  Code are repealed:
               (1)  Sections 1001.253, 1001.254, and 1001.256; and
               (2)  Section 1001.3541(b).
         SECTION 1.007.  (a)  As soon as practicable after the
  effective date of this Act, the Texas Commission on Licensing and
  Regulation shall 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)  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)  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, is entitled 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)  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, is entitled 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)  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, is entitled 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)  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)  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 the Texas Department of Licensing and Regulation on or after the
  effective date of this Act. 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 2. BOILERS
         SECTION 2.001.  Section 755.029(c), Health and Safety Code,
  is amended to read as follows:
         (c)  A certificate of operation must be posted [under glass]
  in a conspicuous place on or near the boiler for which it is issued.
  ARTICLE 3. MOLD
         SECTION 3.001.  Section 544.303, Insurance Code, is amended
  to read as follows:
         Sec. 544.303.  PROHIBITION OF CERTAIN UNDERWRITING
  DECISIONS BASED ON PREVIOUS MOLD CLAIM OR DAMAGE. An insurer may
  not make an underwriting decision regarding a residential property
  insurance policy based on previous mold damage or a claim for mold
  damage if:
               (1)  the applicant for insurance coverage has property
  eligible for coverage under a residential property policy;
               (2)  the property has had mold damage;
               (3)  mold remediation has been performed on the
  property; and
               (4)  the property was [:
                     [(A) remediated, as evidenced by a certificate of
  mold remediation issued to the property owner under Section
  1958.154, Occupations Code, that establishes with reasonable
  certainty that the underlying cause of the mold at the property has
  been remediated; or
                     [(B)] inspected and certified by an independent
  assessor, adjuster, or person or entity experienced in the
  remediation of mold damage, as prescribed by the department, [or
  adjustor] who determined, based on the inspection, that the
  property does not contain evidence of mold damage.
         SECTION 3.002.  Chapter 1958, Occupations Code, is repealed.
         SECTION 3.003.  (a)  On the effective date of this Act:
               (1)  a license or registration issued under former
  Chapter 1958, Occupations Code, expires; and
               (2)  an action, including a complaint investigation,
  disciplinary action, or administrative penalty proceeding pending
  before the Texas Department of Licensing and Regulation relating to
  an alleged violation of former Chapter 1958, Occupations Code, is
  dismissed.
         (b)  As soon as practicable after the effective date of this
  Act, the Texas Commission of Licensing and Regulation shall repeal
  all rules regarding the regulation of mold assessors and
  remediators adopted under former Chapter 1958, Occupations Code.
         (c)  An administrative penalty assessed by the Texas
  Commission of Licensing and Regulation or the executive director of
  the Texas Department of Licensing and Regulation related to a
  violation of former Chapter 1958, Occupations Code, before the
  effective date of this Act, may be collected as provided by Chapter
  51, Occupations Code.
         (d)  A mold remediation initiated before the effective date
  of this Act is governed by former Section 1958.154, Occupations
  Code, as that section existed immediately before the effective date
  of this Act, and the former law is continued in effect for that
  purpose. A person who held on the effective date of this Act a mold
  assessment or mold remediation license under former Chapter 1958,
  Occupations Code, may sign and provide a certificate of mold
  remediation after the effective date of this Act for a mold
  remediation initiated before the effective date of this Act.
         (e)  The change in law made by this article applies only to a
  contract entered into or renewed on or after the effective date of
  this Act.  A contract entered into or renewed before the effective
  date of this Act is governed by the law in effect immediately before
  the effective date of this Act, and that law is continued in effect
  for that purpose.
         (f)  As soon as practicable after the effective date of this
  Act, the commissioner of insurance shall adopt rules required by
  Section 544.303, Insurance Code, as amended by this article.
  ARTICLE 4. AUDIOLOGISTS
         SECTION 4.001.  Section 401.403(b), Occupations Code, is
  amended to read as follows:
         (b)  A person who holds a license [meets the requirements of
  this chapter for licensing] as an audiologist or audiologist intern
  and who fits and dispenses hearing instruments must:
               (1)  [register with the department the person's
  intention to fit and dispense hearing instruments;
               [(2)] comply with rules adopted under this chapter
  related to fitting and dispensing hearing instruments [the
  profession's code of ethics];
               (2) [(3)]  comply with the federal Food and Drug
  Administration guidelines for fitting and dispensing hearing
  instruments;
               (3) [(4)]  when providing services in this state, use a
  written contract that contains the department's name, mailing
  address, [and] telephone number, and Internet website address; and
               (4) [(5)]  follow the guidelines adopted by commission
  rule for a 30-day trial period on every hearing instrument
  purchased.
  ARTICLE 5. ORTHOTIC AND PROSTHETIC TECHNICIANS
         SECTION 5.001.  The following provisions of the Occupations
  Code are repealed:
               (1)  Sections 605.002(19), (20), and (21); and
               (2)  Section 605.259.
         SECTION 5.002.  (a)  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)  As soon as practicable after the effective date of this
  Act, the Texas Commission of Licensing and Regulation shall repeal
  all rules regarding the regulation of orthotic and prosthetic
  technicians adopted under Chapter 605, Occupations Code.
         SECTION 5.003.  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 6. DIETITIANS
         SECTION 6.001.  Section 701.151(b), Occupations Code, is
  amended to read as follows:
         (b)  The commission or the department, as appropriate,
  shall:
               (1)  [adopt an official seal;
               [(2)] adopt and publish a code of ethics;
               (2) [(3)]  establish the qualifications and fitness of
  applicants for licenses, including renewed and reciprocal
  licenses;
               [(4) revoke, suspend, or deny a license, probate a
  license suspension, or reprimand a license holder for a violation
  of this chapter, a rule adopted under this chapter, or the code of
  ethics;] and
               (3) [(5)]  request and receive any necessary
  assistance from state educational institutions or other state
  agencies.
         SECTION 6.002.  Sections 701.155 and 701.353, Occupations
  Code, are repealed.
  ARTICLE 7. USED AUTOMOTIVE PARTS RECYCLERS
         SECTION 7.001.  Section 2309.102(a), Occupations Code, is
  amended to read as follows:
         (a)  The commission shall adopt rules for licensing used
  automotive parts recyclers [and used automotive parts employees].
         SECTION 7.002.  The heading to Section 2309.106, Occupations
  Code, is amended to read as follows:
         Sec. 2309.106.  PERIODIC [AND RISK-BASED] INSPECTIONS.
         SECTION 7.003.  The following provisions of the Occupations
  Code are repealed:
               (1)  Sections 2309.106(c) and (d), and
               (2)  Section 2309.154.
  ARTICLE 8. EFFECTIVE DATE
         SECTION 8.001.  This Act takes effect September 1, 2019.