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A BILL TO BE ENTITLED
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AN ACT
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relating to the licensing and regulation of certain occupations and |
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activities; authorizing fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. DRIVER EDUCATION |
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SECTION 1.001. Section 1001.001(7), Education Code, is |
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amended to read as follows: |
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(7) "Driver education school" means an enterprise |
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that: |
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(A) maintains a place of business or solicits |
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business in this state; and |
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(B) is operated by an individual, association, |
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partnership, or corporation for educating and training persons [at
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a primary or branch location] in driver education or driver |
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education instructor development. |
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SECTION 1.002. Section 1001.151(e), Education Code, is |
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amended to read as follows: |
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(e) The commission may establish a fee for an application |
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for approval to offer a driver education course [by an alternative
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method of instruction under Section 1001.3541]. |
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SECTION 1.003. Section 1001.204(b), Education Code, is |
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amended to read as follows: |
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(b) The department shall approve an application for a driver |
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education school license if the application is submitted on a form |
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approved by the department [executive director], the application is |
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accompanied by [includes] the fee, and the department determines |
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[on inspection of the premises of the school, it is determined] that |
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the school: |
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(1) has courses, curricula, and instruction of a |
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quality, content, and length that reasonably and adequately achieve |
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the stated objective for which the courses, curricula, and |
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instruction are offered; |
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(2) has adequate space, equipment, instructional |
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material, and instructors to provide training of good quality in |
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the classroom and behind the wheel, if applicable; |
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(3) has instructors who have adequate educational |
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qualifications and experience; |
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(4) provides to each student before enrollment: |
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(A) a copy of: |
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(i) the refund policy; |
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(ii) the schedule of tuition, fees, and |
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other charges; and |
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(iii) the regulations relating to absence, |
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grading policy, and rules of operation and conduct; and |
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(B) the department's name, mailing address, |
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telephone number, and Internet website address for the purpose of |
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directing complaints to the department; |
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(5) maintains adequate records as prescribed by the |
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department to show attendance and progress or grades and enforces |
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satisfactory standards relating to attendance, progress, and |
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conduct; |
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(6) on completion of training, issues each student a |
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certificate indicating the course name and satisfactory |
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completion; |
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(7) complies with all county, municipal, state, and |
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federal regulations, including fire, building, and sanitation |
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codes and assumed name registration, if applicable; |
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(8) is financially sound and capable of fulfilling its |
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commitments for training; |
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(9) maintains and publishes as part of its student |
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enrollment contract the proper policy for the refund of the unused |
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portion of tuition, fees, and other charges if a student fails to |
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take the course or withdraws or is discontinued from the school at |
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any time before completion; |
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(10) does not use erroneous or misleading advertising, |
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either by actual statement, omission, or intimation, as determined |
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by the department; |
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(11) does not use a name similar to the name of another |
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existing school or tax-supported educational institution in this |
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state, unless specifically approved in writing by the executive |
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director; |
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(12) submits to the department for approval the |
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applicable course hour lengths and curriculum content for each |
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course offered by the school; |
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(13) does not owe an administrative penalty for a |
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violation of this chapter; [and] |
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(14) meets any additional criteria required by the |
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department, including any applicable inspection requirements; and |
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(15) provides adequate testing and security measures |
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for the school's method of instruction. |
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SECTION 1.004. Subchapter F, Chapter 1001, Education Code, |
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is amended by adding Sections 1001.2531, 1001.2532, 1001.2533, and |
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1001.2534 to read as follows: |
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Sec. 1001.2531. DRIVER EDUCATION INSTRUCTOR REQUIREMENTS. |
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(a) The commission by rule shall establish standards for a driver |
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education instructor to be certified as a teaching assistant, |
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driver education teacher, or supervising teacher. |
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(b) An applicant for a driver education instructor license |
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under this section must: |
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(1) apply to the department on a form prescribed by the |
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department and under rules adopted by the commission; |
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(2) submit with the application a nonrefundable |
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application fee in an amount set by commission rule; and |
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(3) present satisfactory evidence to the department |
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that the applicant: |
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(A) is at least 21 years of age; |
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(B) holds a high school diploma or high school |
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equivalency certificate; and |
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(C) meets any other requirement established by |
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commission rule. |
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Sec. 1001.2532. TEACHING ASSISTANT. (a) A teaching |
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assistant is a driver education instructor who is authorized to |
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teach or provide only behind-the-wheel training. |
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(b) To be eligible to be certified as a teaching assistant, |
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a driver education instructor must: |
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(1) have successfully completed: |
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(A) six semester hours of driver and traffic |
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safety education from an accredited college or university; or |
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(B) a teaching assistant development course |
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approved by the department; and |
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(2) pass any required examination. |
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Sec. 1001.2533. DRIVER EDUCATION TEACHER. (a) A driver |
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education teacher is a driver education instructor who is |
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authorized to teach or provide behind-the-wheel training and |
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classroom training. |
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(b) To be eligible to be certified as a driver education |
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teacher, a driver education instructor must: |
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(1) have successfully completed: |
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(A) nine semester hours of driver and traffic |
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safety education from an accredited college or university; or |
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(B) a driver education teacher development |
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course approved by the department; and |
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(2) pass any required examination. |
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Sec. 1001.2534. SUPERVISING TEACHER. (a) A supervising |
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teacher is a driver education instructor who is authorized to teach |
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instructor training classes. |
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(b) To be eligible to be certified as a supervising teacher, |
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a driver education instructor must have: |
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(1) been certified as a driver education teacher for |
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at least one year; |
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(2) successfully completed: |
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(A) 15 semester hours of driver and traffic |
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safety education from an accredited college or university; or |
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(B) a supervising teacher development course |
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approved by the department; and |
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(3) obtained or successfully completed, as |
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applicable, at least one of the following: |
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(A) a teaching certificate and any additional |
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certification required by commission rule to teach driver |
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education; |
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(B) 15 semester hours in education courses at an |
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accredited college or university during the 10 years before the |
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application date; or |
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(C) an associate or baccalaureate degree in |
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education from an accredited college or university. |
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(c) The commission, department, or executive director may |
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adopt an alternative method to determine or verify an instructor's |
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eligibility under Subsection (b). |
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SECTION 1.005. Subchapter H, Chapter 1001, Education Code, |
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is amended by adding Section 1001.3542 to read as follows: |
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Sec. 1001.3542. METHOD OF INSTRUCTION FOR DRIVER EDUCATION |
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COURSE. A driver education school may teach a driver education |
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course by any method approved by the department, including an |
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alternative method under Section 1001.3541 or a traditional method |
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under Subchapter C. |
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SECTION 1.006. The following provisions of the Education |
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Code are repealed: |
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(1) Sections 1001.253, 1001.254, and 1001.256; and |
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(2) Section 1001.3541(b). |
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SECTION 1.007. (a) As soon as practicable after the |
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effective date of this Act, the Texas Commission of Licensing and |
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Regulation shall adopt rules to implement Section 1001.204(b), |
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Education Code, as amended by this article, and Section 1001.2531, |
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Education Code, as added by this article. |
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(b) A driver education instructor license issued under |
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Section 1001.253, Education Code, before the repeal of that section |
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by this article, continues to be valid until the license expires, |
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and former Section 1001.253, Education Code, is continued in effect |
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for that purpose. |
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(c) A person who holds on the effective date of this Act a |
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driver education instructor license described by former Section |
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1001.253(b), Education Code, is entitled on expiration of that |
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license to issuance of a driver education instructor license |
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certified as a teaching assistant under Section 1001.2532, |
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Education Code, as added by this article, if the person otherwise |
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meets the requirements for renewal of a driver education instructor |
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license certified as a teaching assistant. |
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(d) A person who holds on the effective date of this Act a |
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driver education instructor license described by former Section |
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1001.253(c), Education Code, is entitled on expiration of that |
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license to issuance of a driver education instructor license |
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certified as a driver education teacher under Section 1001.2533, |
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Education Code, as added by this article, if the person otherwise |
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meets the requirements for renewal of a driver education instructor |
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license certified as a driver education teacher. |
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(e) A person who holds on the effective date of this Act a |
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driver education instructor license described by former Section |
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1001.253(e), Education Code, is entitled on expiration of that |
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license to issuance of a driver education instructor license |
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certified as a supervising teacher under Section 1001.2534, |
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Education Code, as added by this article, if the person otherwise |
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meets the requirements for renewal of a driver education instructor |
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license certified as a supervising teacher. |
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(f) The changes in law made by this article do not affect the |
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validity of a disciplinary action or other proceeding that was |
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initiated before the effective date of this Act and that is pending |
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before a court or other governmental entity on the effective date of |
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this Act. |
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(g) Sections 1001.2531, 1001.2532, 1001.2533, and |
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1001.2534, Education Code, as added by this article, apply only to |
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an application for, or renewal of, an instructor license submitted |
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to the Texas Department of Licensing and Regulation on or after the |
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effective date of this Act. An application submitted before that |
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date is governed by the law in effect when the application was |
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submitted, and the former law is continued in effect for that |
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purpose. |
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ARTICLE 2. BOILERS |
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SECTION 2.001. Section 755.029(c), Health and Safety Code, |
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is amended to read as follows: |
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(c) A certificate of operation must be posted [under glass] |
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in a conspicuous place on or near the boiler for which it is issued. |
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ARTICLE 3. AUDIOLOGISTS |
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SECTION 3.001. Section 401.403(b), Occupations Code, is |
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amended to read as follows: |
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(b) A person who holds a license [meets the requirements of
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this chapter for licensing] as an audiologist or audiologist intern |
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and who fits and dispenses hearing instruments must: |
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(1) [register with the department the person's
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intention to fit and dispense hearing instruments;
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[(2)] comply with rules adopted under this chapter |
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related to fitting and dispensing hearing instruments [the
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profession's code of ethics]; |
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(2) [(3)] comply with the federal Food and Drug |
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Administration guidelines for fitting and dispensing hearing |
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instruments; |
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(3) [(4)] when providing services in this state, use a |
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written contract that contains the department's name, mailing |
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address, [and] telephone number, and Internet website address; and |
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(4) [(5)] follow the guidelines adopted by commission |
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rule for a 30-day trial period on every hearing instrument |
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purchased. |
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ARTICLE 4. ORTHOTIC AND PROSTHETIC TECHNICIANS |
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SECTION 4.001. The following provisions of the Occupations |
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Code are repealed: |
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(1) Sections 605.002(19), (20), and (21); and |
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(2) Section 605.259. |
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SECTION 4.002. (a) On the effective date of this Act, a |
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registered orthotic technician or registered prosthetic technician |
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certificate issued under former Section 605.259, Occupations Code, |
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expires. |
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(b) As soon as practicable after the effective date of this |
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Act, the Texas Commission of Licensing and Regulation shall repeal |
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all rules regarding the regulation of orthotic and prosthetic |
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technicians adopted under Chapter 605, Occupations Code. |
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SECTION 4.003. The change in law made by this article does |
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not affect the validity of a proceeding pending before a court or |
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other governmental entity on the effective date of this Act. |
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ARTICLE 5. DIETITIANS |
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SECTION 5.001. Section 701.151(b), Occupations Code, is |
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amended to read as follows: |
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(b) The commission or the department, as appropriate, |
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shall: |
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(1) [adopt an official seal;
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[(2)] adopt and publish a code of ethics; |
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(2) [(3)] establish the qualifications and fitness of |
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applicants for licenses, including renewed and reciprocal |
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licenses; |
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[(4) revoke, suspend, or deny a license, probate a
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license suspension, or reprimand a license holder for a violation
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of this chapter, a rule adopted under this chapter, or the code of
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ethics;] and |
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(3) [(5)] request and receive any necessary |
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assistance from state educational institutions or other state |
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agencies. |
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SECTION 5.002. Sections 701.155 and 701.353, Occupations |
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Code, are repealed. |
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ARTICLE 6. USED AUTOMOTIVE PARTS RECYCLERS |
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SECTION 6.001. Section 2309.102(a), Occupations Code, is |
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amended to read as follows: |
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(a) The commission shall adopt rules for licensing used |
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automotive parts recyclers [and used automotive parts employees]. |
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SECTION 6.002. The heading to Section 2309.106, Occupations |
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Code, is amended to read as follows: |
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Sec. 2309.106. PERIODIC [AND RISK-BASED] INSPECTIONS. |
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SECTION 6.003. The following provisions of the Occupations |
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Code are repealed: |
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(1) Sections 2309.106(c) and (d); and |
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(2) Section 2309.154. |
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SECTION 6.004. (a) On the effective date of this Act, a |
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used automotive parts employee license issued under former Section |
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2309.154, Occupations Code, expires. |
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(b) As soon as practicable after the effective date of this |
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Act, the Texas Commission of Licensing and Regulation shall repeal |
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all rules regarding the regulation of used automotive parts |
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employees adopted under Chapter 2309, Occupations Code. |
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SECTION 6.005. (a) The change in law made by this article |
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to Chapter 2309, Occupations Code, does not affect the validity of a |
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proceeding pending before a court or other governmental entity on |
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the effective date of this Act. |
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(b) An offense or other violation of law committed before |
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the effective date of this Act is governed by the law in effect when |
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the offense or violation was committed, and the former law is |
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continued in effect for that purpose. For purposes of this |
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subsection, an offense or violation was committed before the |
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effective date of this Act if any element of the offense or |
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violation occurred before that date. |
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ARTICLE 7. EFFECTIVE DATE |
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SECTION 7.001. This Act takes effect September 1, 2019. |
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* * * * * |