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  By: Goldman (Senate Sponsor - Hancock) H.B. No. 2847
         (In the Senate - Received from the House April 26, 2019;
  April 30, 2019, read first time and referred to Committee on
  Business & Commerce; May 14, 2019, reported adversely, with
  favorable Committee Substitute by the following vote:  Yeas 6,
  Nays 0; May 14, 2019, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 2847 By:  Hancock
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the licensing and regulation of certain occupations,
  activities, and agreements; providing a civil penalty; authorizing
  fees; requiring an occupational registration and an occupational
  license.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. EXCESS WEAR AND USE WAIVERS FOR LEASES OF MOTOR VEHICLES
         SECTION 1.001.  Subtitle B, Title 5, Business & Commerce
  Code, is amended by adding Chapter 94 to read as follows:
  CHAPTER 94. EXCESS WEAR AND USE WAIVERS FOR LEASES OF MOTOR
  VEHICLES
         Sec. 94.001.  DEFINITIONS. In this chapter:
               (1)  "Excess wear and use waiver" means a provision of
  or addendum to a lease agreement under which the lessor agrees to
  not hold a lessee liable for all or part of the excess wear and use
  to a motor vehicle.
               (2)  "Lease agreement" means an agreement, including
  any addendum to the agreement, entered into in this state under
  which a lessee pays a fee or other consideration to a lessor for the
  right to possession and use of a motor vehicle for a term of more
  than 180 days, regardless of whether the agreement provides the
  lessee an option to purchase or otherwise become the owner of the
  motor vehicle upon the expiration of the term of the agreement.
               (3)  "Lessee" means an individual who acquires the
  right to possession and use of a motor vehicle under a lease
  agreement primarily for personal, family, or household purposes.
               (4)  "Lessor" means a person who, in the ordinary
  course of business, regularly leases, offers to lease, or arranges
  for the lease of a motor vehicle under a lease agreement.  Unless
  the context clearly indicates otherwise, the term includes an
  assignee of the lessor.
               (5)  "Motor vehicle" has the meaning assigned by
  Section 541.201, Transportation Code.
         Sec. 94.002.  CONTRACT FOR EXCESS WEAR AND USE WAIVER. A
  lessee may 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. A lessor may not:
               (1)  sell an excess wear and use waiver, unless:
                     (A)  the lease agreement containing the excess
  wear and use waiver complies with this chapter; and
                     (B)  the lessee agrees to the excess wear and use
  waiver in writing; or
               (2)  impose or require the purchase of an excess wear
  and use waiver as a condition of entering into a lease agreement.
         Sec. 94.004.  REQUIRED NOTICE. An excess wear and use waiver
  must be in writing and include a notice substantially similar to the
  following:
         "This excess wear and use waiver is optional, is not a
  condition of leasing the vehicle, and is being provided for an
  additional charge to cover your responsibility for any excess wear
  and use to the leased vehicle."
         Sec. 94.005.  REQUIRED DISCLOSURES. A lease agreement that
  includes an excess wear and use waiver must disclose:
               (1)  the total charge for the excess wear and use
  waiver; and
               (2)  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. An excess wear and
  use waiver is not insurance.
         Sec. 94.007.  CIVIL PENALTY. 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. A person injured or
  threatened with injury by a violation of this chapter may seek
  injunctive relief against the person committing or threatening to
  commit the violation.
         Sec. 94.009.  SUIT FOR CIVIL PENALTY OR INJUNCTIVE RELIEF.
  The attorney general or a county or district attorney may 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.  The change in law made by this article
  applies only to a lease agreement entered into on or after the
  effective date of this Act.  A lease agreement entered into before
  the effective date of this Act is governed by the law in effect on
  the date the lease agreement was entered into, and the former law is
  continued in effect for that purpose.
  ARTICLE 2. DRIVER EDUCATION
         SECTION 2.001.  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 2.002.  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 2.003.  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 2.004.  Section 1001.2513, Education Code, is
  amended to read as follows:
         Sec. 1001.2513.  CONFIDENTIALITY OF INFORMATION.  A social
  security number, driver's license number, other identification
  number, or fingerprint record [Information] collected for [about] a
  person to comply with Section 1001.2511[, including the person's
  name, address, phone number, social security number, driver's
  license number, other identification number, and fingerprint
  records]:
               (1)  may not be released except:
                     (A)  to provide relevant information to driver
  education schools or otherwise to comply with Section 1001.2511;
                     (B)  by court order; or
                     (C)  with the consent of the person who is the
  subject of the information;
               (2)  is not subject to disclosure as provided by
  Chapter 552, Government Code; and
               (3)  shall be destroyed by the requestor or any
  subsequent holder of the information not later than the first
  anniversary of the date the information is received.
         SECTION 2.005.  Subchapter F, Chapter 1001, Education Code,
  is amended by adding Sections 1001.2531, 1001.2532, 1001.2533,
  1001.2534, and 1001.2535 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; and
               (2)  pass any required examination.
         Sec. 1001.2534.  SUPERVISING TEACHER. (a)  A supervising
  teacher is a driver education 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 have:
               (1)  been certified as a driver education teacher for
  at least one year; and
               (2)  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.
         (c)  The commission, department, or executive director may
  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. The classroom
  portion of a development course required for certification as a
  teaching assistant, driver education teacher, or supervising
  teacher may be completed online.
         SECTION 2.006.  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 2.007.  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 2.008.  (a)  As soon as practicable after the
  effective date of this Act, the Texas Commission of 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 3. LASER HAIR REMOVAL
         SECTION 3.001.  Subchapter M, Chapter 401, Health and Safety
  Code, is amended by adding Section 401.509 to read as follows:
         Sec. 401.509.  CONTINUING EDUCATION. The commission by rule
  shall establish continuing education requirements for renewal of a
  certificate under this subchapter.
         SECTION 3.002.  As soon as practicable after the effective
  date of this Act, the Texas Commission of Licensing and Regulation
  shall adopt the rules necessary to implement Section 401.509,
  Health and Safety Code, as added by this article.
  ARTICLE 4. PHARMACISTS
         SECTION 4.001.  Section 481.075(i), Health and Safety Code,
  is amended to read as follows:
         (i)  Each dispensing pharmacist shall:
               (1)  fill in on the official prescription form or note
  in the electronic prescription record each item of information
  given orally to the dispensing pharmacy under Subsection (h) and
  the date the prescription is filled, and:
                     (A)  for a written prescription, fill in the
  dispensing pharmacist's signature; or
                     (B)  for an electronic prescription,
  appropriately record the identity of the dispensing pharmacist in
  the electronic prescription record;
               (2)  retain with the records of the pharmacy for at
  least two years:
                     (A)  the official prescription form or the
  electronic prescription record, as applicable; and
                     (B)  the name or other patient identification
  required by Section 481.074(m) or (n); [and]
               (3)  send all required information, including any
  information required to complete an official prescription form or
  electronic prescription record, to the board by electronic transfer
  or another form approved by the board not later than the next
  business day after the date the prescription is completely filled;
  and
               (4)  if the pharmacy does not dispense any controlled
  substance prescriptions during a period of seven consecutive days,
  send a report to the board 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 the board.
         SECTION 4.002.  Sections 481.076(a) and (k), Health and
  Safety Code, are amended to read as follows:
         (a)  The board may not permit any person to have access to
  information submitted to the board under Section 481.074(q) or
  481.075 except:
               (1)  the board, the Texas Medical Board, the Texas
  Department of Licensing and Regulation, with respect to the
  regulation of podiatrists [State Board of Podiatric Medical
  Examiners], the State Board of Dental Examiners, the State Board of
  Veterinary Medical Examiners, the Texas Board of Nursing, or the
  Texas Optometry Board for the purpose of:
                     (A)  investigating a specific license holder; or
                     (B)  monitoring for potentially harmful
  prescribing or dispensing patterns or practices under Section
  481.0762;
               (2)  an authorized officer or member of the department
  or authorized employee of the board engaged in the administration,
  investigation, or enforcement of this chapter or another law
  governing illicit drugs in this state or another state;
               (3)  the department on behalf of a law enforcement or
  prosecutorial official engaged in the administration,
  investigation, or enforcement of this chapter or another law
  governing illicit drugs in this state or another state;
               (4)  a medical examiner conducting an investigation;
               (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, 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;
  or
                     (B)  a practitioner who:
                           (i)  is a physician, dentist, veterinarian,
  podiatrist, optometrist, or advanced practice nurse or is a
  physician assistant described by Section 481.002(39)(D) or an
  employee or other agent of a practitioner acting at the direction of
  a practitioner; and
                           (ii)  is inquiring about a recent Schedule
  II, III, IV, or V prescription history of a particular patient of
  the practitioner;
               (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; or
               (7)  one or more states or an association of states with
  which the board has an interoperability agreement, as provided by
  Subsection (j).
         (k)  A person authorized to access information under
  Subsection (a)(4) or (5) who is registered with the board for
  electronic access to the information is entitled to directly access
  the information available from other states pursuant to an
  interoperability agreement described by Subsection (j).
         SECTION 4.003.  Section 481.0766(a), Health and Safety Code,
  is amended to read as follows:
         (a)  A wholesale distributor shall report to the board the
  distribution of all Schedules II, III, IV, and V controlled
  substances [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. The distributor shall report the information to the board in
  the same format and with the same frequency as the information is
  reported to the Federal Drug Enforcement Administration [ARCOS].
         SECTION 4.004.  Section 481.353(a), Health and Safety Code,
  is amended to read as follows:
         (a)  The work group shall meet when necessary as determined
  by the board [at least quarterly].
         SECTION 4.005.  Section 560.051(f), Occupations Code, is
  amended to read as follows:
         (f)  A Class E pharmacy license or nonresident pharmacy
  license may be issued to a pharmacy located in another state whose
  primary business is to:
               (1) [(A)]  dispense a prescription drug or device under
  a prescription drug order[;] and
                     [(B)] deliver the drug or device to a patient,
  including a patient in this state, by United States mail, common
  carrier, or delivery service;
               (2)  process a prescription drug order for a patient,
  including a patient in this state; or
               (3)  perform another pharmaceutical service, as
  defined by board rule.
         SECTION 4.006.  The following provisions of the Occupations
  Code are repealed:
               (1)  Sections 554.016, 556.0555, 560.001(c), 560.0525,
  561.003(f), 562.101(f-1), and 562.111; and
               (2)  Subchapter E, Chapter 562.
         SECTION 4.007.  To the extent of any conflict, Section
  481.076(a), Health and Safety 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 5.  ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT
         SECTION 5.001.  Chapter 754, Health and Safety Code, is
  amended by adding Section 754.026 to read as follows:
         Sec. 754.026.  DISCLOSURE OF E-MAIL ADDRESS.  
  Notwithstanding any other law, an e-mail address provided to the
  department relating to an inspection or review of plans under this
  chapter is not confidential and is subject to disclosure under
  Chapter 552, Government Code.
  ARTICLE 6. BOILERS
         SECTION 6.001.  Section 755.025, Health and Safety Code, is
  amended by adding Subsection (h) to read as follows:
         (h)  Notwithstanding any other law, an e-mail address
  provided to the department relating to an inspection under this
  chapter is not confidential and is subject to disclosure under
  Chapter 552, Government Code.
         SECTION 6.002.  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 7. TEXAS DEPARTMENT OF LICENSING AND REGULATION
         SECTION 7.001.  Section 51.203, Occupations Code, is amended
  to read as follows:
         Sec. 51.203.  RULES REGARDING PROGRAMS REGULATED BY
  DEPARTMENT. (a) The commission shall adopt rules as necessary to
  implement each law establishing a program regulated by the
  department.
         (b)  Notwithstanding any other law, for each program
  regulated by the department, including a program under which a
  license is issued by the department, the commission by rule may
  establish:
               (1)  the length of a license term, not to exceed two
  years;
               (2)  a fee for the issuance or renewal of a license; and
               (3)  any continuing education required to renew a
  license.
         SECTION 7.002.  Section 51.2031(a-2), Occupations Code, is
  amended to read as follows:
         (a-2)  For each rule proposed under Subsection (a-1), the
  commission shall either adopt the rule as proposed or return the
  rule to the advisory board for revision. The commission retains
  authority for final adoption of all rules and is responsible for
  ensuring compliance with all laws regarding the rulemaking process.
  [This subsection and Subsection (a-1) expire September 1, 2019.]
         SECTION 7.003.  Section 51.252, Occupations Code, is amended
  by amending Subsection (b) and adding Subsections (b-1) and (e) to
  read as follows:
         (b)  The department shall maintain a file on each written
  complaint filed with the department. The file must include:
               (1)  except for a complaint described by Subsection
  (b-1), the name of the person who filed the complaint;
               (2)  the date the complaint is received by the
  department;
               (3)  the subject matter of the complaint;
               (4)  the name of each person contacted in relation to
  the complaint;
               (5)  a summary of the results of the review or
  investigation of the complaint; and
               (6)  an explanation of the reason the file was closed,
  if the department closed the file without taking action other than
  to investigate the complaint.
         (b-1)  The department may accept, but is not required to
  investigate, a complaint that lacks sufficient information to
  identify the source or the name of the person who filed the
  complaint.
         (e)  The department may contract with a qualified
  individual, including an advisory board member unless otherwise
  prohibited by law, to assist the department with reviewing or
  investigating complaints filed with the department. Except for an
  act of the individual involving fraud, conspiracy, or malice, an
  individual with whom the department contracts under this subsection
  is immune from liability and may not be subject to a suit for
  damages for any act arising from the performance of the
  individual's duties in:
               (1)  participating in an informal conference to
  determine the facts of a complaint;
               (2)  evaluating evidence in a complaint and offering an
  expert opinion or technical guidance on an alleged violation of:
                     (A)  a law establishing a regulatory program
  administered by the department; or
                     (B)  a rule adopted or order issued by the
  executive director or commission;
               (3)  testifying at a hearing regarding a complaint; or
               (4)  making an evaluation, report, or recommendation
  regarding a complaint.
         SECTION 7.004.  Subchapter E, Chapter 51, Occupations Code,
  is amended by adding Section 51.254 to read as follows:
         Sec. 51.254.  CONFIDENTIALITY OF COMPLAINT AND DISCIPLINARY
  INFORMATION. (a) In this section, unless the context requires
  otherwise:
               (1)  "Disciplinary action" includes, with respect to
  any person subject to regulation by the department or the
  commission:
                     (A)  enforcement activity, prosecution,
  discipline, or penalization; and
                     (B)  any related complaint, investigation, or
  resolution of a complaint or investigation. 
               (2)  "Patient" includes:
                     (A)  a patient;
                     (B)  a client; and 
                     (C)  an authorized representative of a patient or
  client.
         (b)  This section applies to health-related professions
  regulated by this state the administration of which is assigned to
  the department by law, including the following professions:
               (1)  athletic trainers regulated under Chapter 451;
               (2)  behavior analysts regulated under Chapter 506;
               (3)  dietitians regulated under Chapter 701;
               (4)  dyslexia practitioners and dyslexia therapists
  regulated under Chapter 403;
               (5)  hearing instrument fitters and dispensers
  regulated under Chapter 402;
               (6)  massage therapists regulated under Chapter 455;
               (7)  midwives regulated under Chapter 203;
               (8)  orthotists and prosthetists regulated under
  Chapter 605;
               (9)  podiatrists regulated under Chapter 202; and
               (10)  speech-language pathologists and audiologists
  regulated under Chapter 401.
         (c)  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 the department in connection with the complaint and
  investigation are confidential and not subject to:
               (1)  disclosure under Chapter 552, Government Code; or
               (2)  disclosure, discovery, subpoena, or other means of
  legal compulsion for their release to any person.
         (d)  A complaint or investigation subject to this section and
  all information and materials subpoenaed or compiled by the
  department in connection with the complaint and investigation may
  be disclosed to:
               (1)  persons involved with the department in a
  disciplinary action;
               (2)  a respondent or the respondent's authorized
  representative;
               (3)  a governmental agency, if:
                     (A)  the disclosure is required or permitted by
  law; and
                     (B)  the agency obtaining the disclosure protects
  the identity of any patient whose records are examined;
               (4)  a professional licensing, credentialing, or
  disciplinary entity in another jurisdiction;
               (5)  a peer assistance program approved by the
  commission under Chapter 467, Health and Safety Code, including a
  properly established peer assistance program in another
  jurisdiction; 
               (6)  a peer review committee reviewing a license
  holder's application for privileges or the license holder's
  qualifications related to retaining the privileges;
               (7)  a law enforcement agency; and
               (8)  a person engaged in bona fide research, if all
  individual-identifying information has been deleted.
         (e)  Notwithstanding any other provision of this section, if
  a department investigation would be jeopardized by the release or
  disclosure, the department may temporarily withhold or otherwise
  refrain from releasing or disclosing to any person any information
  or materials that the department would otherwise be required to
  release or disclose.
         (f)  The department may not be compelled to release or
  disclose complaint and investigation information or materials to a
  person listed in Subsection (d) if the department has not issued a
  notice of alleged violation related to the information or
  materials.
         (g)  The department may release or disclose complaint and
  investigation information or materials in accordance with
  Subsection (d) at any stage of a disciplinary action.
         (h)  The department shall protect the identity of any patient
  whose records are examined in connection with a disciplinary
  action, other than a patient who:
               (1)  initiates the disciplinary action;
               (2)  is a witness in the disciplinary action; or
               (3)  has submitted a written consent to release the
  records.
         (i)  Notices of alleged violation issued by the department
  against respondents, disciplinary proceedings of the department,
  commission, or executive director, and final disciplinary actions,
  including warnings and reprimands, by the department, commission,
  or executive director are not confidential and are subject to
  disclosure in accordance with Chapter 552, Government Code.
         SECTION 7.005.  Section 202.2032(c), Occupations Code, is
  amended to read as follows:
         (c)  Notwithstanding any confidentiality requirements under
  Chapter 552, Government Code, Chapter 51, or this chapter, a
  complaint filed with the department by an insurance agent, insurer,
  pharmaceutical company, or third-party administrator against a
  license holder must include the name and address of the insurance
  agent, insurer, pharmaceutical company, or third-party
  administrator filing the complaint.
         SECTION 7.006.  Section 202.404(e), Occupations Code, is
  amended to read as follows:
         (e)  The department shall protect the identity of a patient
  whose podiatric records are examined or provided under Subsection
  (c) [or (d)], other than a patient who:
               (1)  is covered under Subsection (a)(1); or
               (2)  has submitted written consent to the release of
  the patient's podiatric records as provided by Section 202.406.
         SECTION 7.007.  Section 202.509(g), Occupations Code, is
  amended to read as follows:
         (g)  The department's disclosure of information under
  Subsection [(b), (d), or] (f) of this section, Section 202.2031, or
  Section 202.2032 does not constitute a waiver of privilege or
  confidentiality under this chapter or any other law.
         SECTION 7.008.  The following provisions of the Occupations
  Code are repealed:
               (1)  Section 202.404(d);
               (2)  Sections 202.509(a), (b), (c), (d), and (h);
               (3)  Section 401.2535;
               (4)  Section 402.154;
               (5)  Section 451.110;
               (6)  Section 506.202;
               (7)  Subchapter E, Chapter 605; and
               (8)  Subchapter E, Chapter 701.
         SECTION 7.009.  The changes in law made by this article apply
  to a disciplinary action initiated before the effective date of
  this Act that has not resulted in a final order issued on or before
  the effective date of this Act and to a disciplinary action
  initiated on or after the effective date of this Act.
  ARTICLE 8. PODIATRISTS
         SECTION 8.001.  Section 202.2032(d), Occupations Code, is
  amended to read as follows:
         (d)  The [Not later than the 15th day after the date the
  complaint is filed with the department, the] department shall
  notify the license holder who is the subject of the complaint of the
  name and address of the insurance agent, insurer, pharmaceutical
  company, or third-party administrator who filed the complaint,
  unless the notice would jeopardize an investigation.
         SECTION 8.002.  Subchapter E, Chapter 202, Occupations Code,
  is amended by adding Section 202.204 to read as follows:
         Sec. 202.204.  EXPERT WITNESS. (a) In this section, "expert
  witness" means a podiatrist or other qualified individual with whom
  the department contracts to assist the department with reviewing,
  investigating, or prosecuting complaints filed under this chapter.
         (b)  The department may contract with an expert witness,
  including an advisory board member under Section 202.051(a)(1), to
  assist the department with reviewing, investigating, or
  prosecuting a complaint filed under this chapter.
         (c)  Except for an act by an expert witness involving fraud,
  conspiracy, or malice, an expert witness is immune from liability
  and may not be subject to a suit for damages for any act arising from
  the performance of the expert witness's duties in:
               (1)  participating in an informal conference to
  determine the facts of a complaint;
               (2)  evaluating evidence in a complaint and offering an
  opinion or technical guidance on an alleged violation of this
  chapter or a rule adopted under this chapter;
               (3)  testifying at a hearing regarding a complaint; or
               (4)  making an evaluation, report, or recommendation
  regarding a complaint.
         SECTION 8.003.  Section 202.253(a-1), Occupations Code, is
  amended to read as follows:
         (a-1)  The commission or department may refuse to admit a
  person to an examination, and may refuse to issue a license to
  practice podiatry to a person, for:
               (1)  presenting a license, certificate, or diploma that
  was illegally or fraudulently obtained or engaging in fraud or
  deception in passing the examination;
               (2)  being convicted of[:
                     [(A)  a felony;
                     [(B)  a crime that involves moral turpitude; or
                     [(C)]  an offense under Section 202.606;
               (3)  engaging in habits of intemperance or drug
  addiction that in the department's opinion would endanger the
  health, well-being, or welfare of patients;
               (4)  engaging in grossly unprofessional or
  dishonorable conduct of a character that in the department's
  opinion is likely to deceive or defraud the public;
               (5)  directly or indirectly violating or attempting to
  violate this chapter or a rule adopted under this chapter as a
  principal, accessory, or accomplice;
               (6)  using any advertising statement of a character
  tending to mislead or deceive the public;
               (7)  advertising professional superiority or the
  performance of professional service in a superior manner;
               (8)  purchasing, selling, bartering, or using or
  offering to purchase, sell, barter, or use a podiatry degree,
  license, certificate, diploma, or a transcript of a license,
  certificate, or diploma, in or incident to an application for a
  license to practice podiatry;
               (9)  altering, with fraudulent intent, a podiatry
  license, certificate, diploma, or a transcript of a podiatry
  license, certificate, or diploma;
               (10)  using a podiatry license, certificate, or
  diploma, or a transcript of a podiatry license, certificate, or
  diploma, that has been fraudulently purchased, issued,
  counterfeited, or materially altered;
               (11)  impersonating, or acting as proxy for, another
  person in a podiatry license examination;
               (12)  impersonating a license holder, or permitting
  another person to use the license holder's license to practice
  podiatry in this state, to treat or offer to treat, by any method,
  conditions and ailments of human feet;
               (13)  directly or indirectly employing a person whose
  license to practice podiatry has been suspended or associating in
  the practice of podiatry with a person whose license to practice
  podiatry has been suspended or who has been convicted of the
  unlawful practice of podiatry in this state or elsewhere;
               (14)  wilfully making in the application for a license
  to practice podiatry a material misrepresentation or material
  untrue statement;
               (15)  being unable to practice podiatry with reasonable
  skill and safety to a patient because of age, illness, drunkenness,
  or excessive use of drugs, narcotics, chemicals, or other
  substances or as a result of a mental or physical condition;
               (16)  failing to practice podiatry in an acceptable
  manner consistent with public health and welfare;
               (17)  being removed, suspended, or disciplined in
  another manner by the podiatrist's peers in a professional podiatry
  association or society, whether local, regional, state, or national
  in scope, or being disciplined by a licensed hospital or the medical
  staff of a hospital, including removal, suspension, limitation of
  hospital privileges, or other disciplinary action, if the
  commission or department determines that the action was:
                     (A)  based on unprofessional conduct or
  professional incompetence likely to harm the public; and
                     (B)  appropriate and reasonably supported by
  evidence submitted to the association, society, hospital, or
  medical staff; or
               (18)  having repeated or recurring meritorious health
  care liability claims filed against the podiatrist that in the
  commission's or department's opinion are evidence of professional
  incompetence likely to injure the public.
         SECTION 8.004.  Subchapter H, Chapter 202, Occupations Code,
  is amended by adding Section 202.354 to read as follows:
         Sec. 202.354.  DELEGATION OF CERTAIN ACTS. (a) A podiatrist
  may 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:
                     (A)  can be properly and safely performed by the
  podiatric medical assistant to whom the podiatric medical act is
  delegated; and
                     (B)  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)  A delegating podiatrist is responsible for a podiatric
  medical act performed by the podiatric medical assistant to whom
  the podiatrist delegates the act.
         (c)  The department may determine whether:
               (1)  an act constitutes the practice of podiatric
  medicine; and
               (2)  a podiatric medical act may be properly or safely
  delegated by podiatrists.
         SECTION 8.005.  Section 202.602(a), Occupations Code, is
  amended to read as follows:
         (a)  The department [commission by rule] shall develop a
  system to identify and monitor a podiatrist's compliance with this
  chapter and any [. The system must include:
               [(1)     procedures for determining whether a podiatrist
  is in compliance with an] order issued by the commission or
  executive director under this chapter [; and
               [(2)     a method of identifying and monitoring each
  podiatrist who represents a risk to the public].
         SECTION 8.006.  Subchapter D, Chapter 601, Occupations Code,
  is amended by adding Section 601.157 to read as follows:
         Sec. 601.157.  PERSON SUPERVISED BY PODIATRIST. A person is
  not required to hold a certificate issued under this chapter to
  perform a radiologic procedure if:
               (1)  the procedure is performed under the supervision
  of a podiatrist; and
               (2)  the person:
                     (A)  is registered with the Texas Department of
  Licensing and Regulation to assist a podiatrist; and
                     (B)  complies with rules adopted under Section
  601.252(e).
         SECTION 8.007.  Section 601.251, Occupations Code, is
  amended to read as follows:
         Sec. 601.251.  APPLICABILITY. This subchapter applies to
  the:
               (1)  Texas Board of Nursing;
               (2)  Texas Board of Chiropractic Examiners;
               (3)  State Board of Dental Examiners;
               (4)  Texas Medical Board;
               (5)  Texas Department of Licensing and Regulation, with
  respect to the department's authority to regulate podiatrists
  [State Board of Podiatric Medical Examiners]; and
               (6)  Texas Physician Assistant Board.
         SECTION 8.008.  Section 601.252, Occupations Code, is
  amended by adding Subsections (e) and (f) to read as follows:
         (e)  Rules adopted under this section by the Texas Commission
  of Licensing and Regulation must:
               (1)  require an authorized person who performs
  radiologic procedures under the delegation of a podiatrist, other
  than a registered nurse, to register with the Texas Department of
  Licensing and Regulation;
               (2)  establish reasonable and necessary fees to cover
  the administrative costs incurred by the Texas Department of
  Licensing and Regulation in administering a registration program
  created under this subsection;
               (3)  establish grounds for the suspension, revocation,
  or nonrenewal of a registration issued under this subsection; and
               (4)  establish standards for training and supervising
  the operators of podiatric equipment, including standards for
  curricula and instructors.
         (f)  In adopting rules under Subsection (e), the Texas
  Commission of Licensing and Regulation may take into account
  whether the radiologic procedure will be performed by a registered
  nurse.
         SECTION 8.009.  Sections 202.2025 and 202.6011, Occupations
  Code, are repealed.
         SECTION 8.010.  Section 202.2032, Occupations Code, as
  amended by this article, applies only to a complaint filed under
  Chapter 202, Occupations Code, on or after the effective date of
  this Act.  A complaint filed before the effective date of this Act
  is governed by the law in effect on the date the complaint was
  filed, and the former law is continued in effect for that purpose.
         SECTION 8.011.  Section 202.253(a-1), Occupations Code, as
  amended by this article, applies only to a conviction that occurs on
  or after the effective date of this Act. A conviction that occurs
  before the effective date of this Act is governed by the law in
  effect on the date the conviction occurred, and the former law is
  continued in effect for that purpose.
         SECTION 8.012.  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 9. MIDWIVES
         SECTION 9.001.  Section 203.056, Occupations Code, is
  amended to read as follows:
         Sec. 203.056.  PRESIDING OFFICER. The presiding officer of
  the commission shall designate a [public] member of the advisory
  board to serve as the presiding officer of the advisory board to
  serve for a term of one year. The presiding officer of the advisory
  board may vote on any matter before the advisory board.
         SECTION 9.002.  Section 203.152, Occupations Code, is
  repealed.
         SECTION 9.003.  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 10. AUDIOLOGISTS
         SECTION 10.001.  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 11. ORTHOTIC AND PROSTHETIC TECHNICIANS
         SECTION 11.001.  The following provisions of the Occupations
  Code are repealed:
               (1)  Sections 605.002(19), (20), and (21); and
               (2)  Section 605.259.
         SECTION 11.002.  (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 11.003.  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 12. DIETITIANS
         SECTION 12.001.  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 12.002.  Sections 701.155 and 701.353, Occupations
  Code, are repealed.
  ARTICLE 13. INTERIOR DESIGNERS
         SECTION 13.001.  Subchapter H, Chapter 1053, Occupations
  Code, is repealed.
         SECTION 13.002.  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. 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. 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.  Section 1602.254(b), Occupations Code, is
  amended to read as follows:
         (b)  To be eligible for an operator license, an applicant
  must meet the requirements of Subsection (c) or:
               (1)  be at least 17 years of age;
               (2)  have obtained a high school diploma or the
  equivalent of a high school diploma or have passed a valid
  examination administered by a certified testing agency that
  measures the person's ability to benefit from training; and
               (3)  have completed:
                     (A)  1,000 [1,500] hours of instruction in a
  licensed beauty culture school; or
                     (B)  1,000 hours of instruction in beauty culture
  courses and 500 hours of related high school courses prescribed by
  the commission in a vocational cosmetology program in a public
  school.
         SECTION 14.002.  Section 1602.255(c), Occupations Code, is
  amended to read as follows:
         (c)  The commission shall adopt rules for the licensing of
  specialty instructors to teach specialty courses in the practice of
  cosmetology defined in Sections 1602.002(a)(2), (4), (5), (6) 
  [1602.002(a)(5)], (7), (8), (9), [and] (10), and (11).
         SECTION 14.003.  Section 1602.261(a), Occupations Code, is
  amended to read as follows:
         (a)  A person holding a manicurist/esthetician specialty
  license may perform only the practice of cosmetology defined in
  Sections 1602.002(a)(4) through (10) [(9)].
         SECTION 14.004.  Section 1602.305(a), Occupations Code, is
  amended to read as follows:
         (a)  A person holding a specialty shop license may maintain
  an establishment in which only the practice of cosmetology as
  defined in Section 1602.002(a)(2), (4), (5), (6), (7), (8), (9),
  [or] (10), or (11) is performed.
         SECTION 14.005.  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 six [nine]
  months and not less than 1,000 [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;
               (8)  maintain a copy of the school's curriculum in a
  conspicuous place and verify that the curriculum is being followed;
               (9)  publish in the school's catalogue and enrollment
  contract a description of the refund policy required under Section
  1602.458; and
               (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 14.006.  Section 1603.104, Occupations Code, is
  amended by amending Subsection (b) and adding Subsections (c) and
  (c-1) to read as follows:
         (b)  Except as otherwise provided by this section, at [At]
  least once every four [two] years, the department shall 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)  At[, and at] least twice per year, the department shall
  inspect each school in which barbering or cosmetology is taught
  under this chapter, Chapter 1601, or Chapter 1602.
         (c-1)  At least once every two years, the department shall
  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) or (F)
  or 1602.002(a)(8) or (9) are performed.
         SECTION 14.007.  Section 1603.255, Occupations Code, is
  amended to read as follows:
         Sec. 1603.255.  EARLY EXAMINATION. The department may allow
  for the early written examination of a student who has completed the
  following number of hours of instruction in a department-approved
  training program:
               (1)  1,000 hours for a student seeking a Class A barber
  certificate [or operator license] in a private barber [or
  cosmetology] school; [or]
               (2)  900 hours for a student seeking an operator
  license in a private cosmetology school; or
               (3)  900 hours for a student seeking a Class A barber
  certificate or operator license in a publicly funded barber or
  cosmetology school.
         SECTION 14.008.  Section 1603.256(c), Occupations Code, is
  amended to read as follows:
         (c)  The following persons may administer a practical
  examination required under this subchapter:
               (1)  the department; [or]
               (2)  a person with whom the department contracts under
  Section 1603.252;
               (3)  a barber school, private beauty culture school, or
  public secondary or postsecondary beauty culture school that is
  approved by the department to administer the examination under
  Section 1603.252; or
               (4)  the Windham School District.
         SECTION 14.009.  As soon as practicable after the effective
  date of this Act, the Texas Commission of Licensing and Regulation
  shall adopt rules implementing Chapters 1602 and 1603, Occupations
  Code, as amended by this article.
         SECTION 14.010.  The change in law made by this article to
  Section 1602.254(b), Occupations Code, applies only to an
  application for an operator license submitted on or after September
  1, 2020. An application for an operator license submitted before
  that date is governed by the law in effect immediately before the
  effective date of this Act, and the former law is continued in
  effect for that purpose.
         SECTION 14.011.  The changes in law made by this article to
  Section 1603.255, Occupations Code, apply only to a person who
  applies to take an early examination for a barbering or cosmetology
  license on or after the effective date of this Act.  A person who
  applies to take an early 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.
  ARTICLE 15. USED AUTOMOTIVE PARTS RECYCLERS
         SECTION 15.001.  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 15.002.  The heading to Section 2309.106,
  Occupations Code, is amended to read as follows:
         Sec. 2309.106.  PERIODIC [AND RISK-BASED] INSPECTIONS.
         SECTION 15.003.  Section 2309.106(a), Occupations Code, is
  amended to read as follows:
         (a)  The department shall inspect each used automotive parts
  recycling facility at least once every four [two] years.
         SECTION 15.004.  The following provisions of the Occupations
  Code are repealed:
               (1)  Sections 2309.106(c) and (d); and
               (2)  Section 2309.154.
         SECTION 15.005.  (a) On the effective date of this Act, a
  used automotive parts employee license issued under former Section
  2309.154, 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 used automotive parts
  employees adopted under Chapter 2309, Occupations Code.
         SECTION 15.006.  (a) 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)  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.
  ARTICLE 16. IMPLEMENTATION; EFFECTIVE DATE
         SECTION 16.001.  The Texas Commission of Licensing and
  Regulation and the Texas Department of Licensing and Regulation are
  required to implement a provision of this Act only if the
  legislature appropriates money specifically for that purpose. If
  the legislature does not appropriate money specifically for that
  purpose, the commission and the department may, but are not
  required to, implement a provision of this Act using other
  appropriations available for that purpose.
         SECTION 16.002.  This Act takes effect September 1, 2019.
 
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