|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
|
relating to the establishment, powers and duties, terms, and |
|
governance of certain advisory bodies for programs administered by |
|
the Texas Department of Licensing and Regulation. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 301.053, Agriculture Code, is amended to |
|
read as follows: |
|
Sec. 301.053. ADVISORY BOARDS [COMMITTEES]. The Texas |
|
Department of Licensing and Regulation may establish advisory |
|
boards [committees] to advise the Texas Department of Licensing and |
|
Regulation and to make recommendations to the Texas Department of |
|
Licensing and Regulation concerning legislation, policies, |
|
administration, research, and other matters related to the duties, |
|
powers, or functions of the Texas Department of Licensing and |
|
Regulation under this chapter. |
|
SECTION 2. Section 1001.058, Education Code, is amended to |
|
read as follows: |
|
Sec. 1001.058. ADVISORY BOARD [COMMITTEE]. (a) The |
|
commission shall establish an advisory board [committee] to advise |
|
the commission and department on rules and educational and |
|
technical matters relevant to the administration of this chapter. |
|
(b) The advisory board [committee] consists of nine members |
|
appointed for staggered six-year terms by the presiding officer of |
|
the commission, with the approval of the commission, as follows: |
|
(1) three driver education providers; |
|
(2) three driving safety providers; |
|
(3) one driver education instructor; |
|
(4) the division head of the Department of Public |
|
Safety driver license division or the division head's designee; and |
|
(5) one member of the public. |
|
(c) The presiding officer of the commission shall appoint |
|
the presiding officer of the advisory board for a term of two years |
|
[committee]. The presiding officer of the advisory board |
|
[committee] may vote on any matter before the advisory board |
|
[committee]. |
|
(d) [A member may not serve two consecutive full terms. |
|
[(e)] If a vacancy occurs during a term, the presiding |
|
officer of the commission, with the approval of the commission, |
|
shall appoint a replacement who meets the qualifications of the |
|
vacated position to serve for the remainder of the term. |
|
(e) [(f)] A member of the advisory board [committee] may be |
|
removed from the advisory board [committee] as provided by Section |
|
51.209, Occupations Code. |
|
(f) [(g)] Members of the advisory board [committee] may not |
|
receive compensation but are entitled to reimbursement for actual |
|
and necessary expenses incurred in performing the functions of the |
|
advisory board [committee], subject to the General Appropriations |
|
Act. |
|
(g) [(i)] Chapter 2110, Government Code, does not apply to |
|
the advisory board [committee]. |
|
SECTION 3. Section 469.053, Government Code, is amended to |
|
read as follows: |
|
Sec. 469.053. ADVISORY BOARD [COMMITTEE]; TERMS; MEETINGS; |
|
REVIEW OF AND COMMENT ON RULES. (a) The presiding officer of the |
|
commission, with the commission's approval, shall appoint an |
|
advisory board [committee] for the architectural barriers program. |
|
The board [committee] shall consist of building professionals and |
|
persons with disabilities who are familiar with architectural |
|
barrier problems and solutions. The board [committee] shall |
|
consist of at least eight members. A majority of the members of the |
|
board [committee] must be persons with disabilities. |
|
(b) Members of the advisory board serve staggered six-year |
|
terms [A committee member serves at the will of the presiding |
|
officer of the commission]. |
|
(c) A board [committee] member may not receive compensation |
|
for service on the board [committee] but is entitled to |
|
reimbursement for actual and necessary expenses incurred in |
|
performing functions as a member. |
|
(d) The presiding officer of the commission, with the |
|
commission's approval, shall appoint a board [committee] member as |
|
presiding officer for two years. |
|
(e) [(f) The committee periodically shall review the rules |
|
relating to the architectural barriers program and recommend |
|
changes in the rules to the commission. |
|
[(g)] The commission must submit all proposed changes to any |
|
rule or procedure that relates to the architectural barriers |
|
program to the board [committee] for review and comment before |
|
adopting or implementing the new or amended rule or procedure. |
|
SECTION 4. Section 754.012(b), Health and Safety Code, is |
|
amended to read as follows: |
|
(b) A member of the advisory board may be removed from the |
|
advisory board as provided by Section 51.209, Occupations Code |
|
[Board members serve at the will of the commission]. |
|
SECTION 5. Section 51.001(1), Occupations Code, is amended |
|
to read as follows: |
|
(1) "Advisory board" means an [a board, committee, |
|
council, or other] entity with multiple members that has as its |
|
primary function advising the commission or department. |
|
SECTION 6. Subchapter D, Chapter 51, Occupations Code, is |
|
amended by adding Section 51.2094 to read as follows: |
|
Sec. 51.2094. PROGRAM ADVISORY BOARDS. (a) The commission |
|
may establish an advisory board to advise the commission or the |
|
department regarding a program subject to regulation by the |
|
department. |
|
(b) Unless otherwise provided by a law establishing a |
|
regulatory program administered by the department, the commission |
|
may establish: |
|
(1) the number of advisory board members, provided |
|
that the number of members must be an odd number of three or more; |
|
(2) the qualifications for an advisory board member; |
|
and |
|
(3) the terms of advisory board members. |
|
(c) Unless otherwise provided by a law establishing a |
|
regulatory program administered by the department, members of an |
|
advisory board shall be appointed by the presiding officer of the |
|
commission with the commission's approval. |
|
(d) Unless otherwise provided by a law establishing a |
|
regulatory program administered by the department, the presiding |
|
officer of the commission, on approval of the commission, shall |
|
designate a member of the advisory board to serve as the presiding |
|
officer of the advisory board for a two-year term. The presiding |
|
officer of the advisory board may vote on any matter before the |
|
advisory board. |
|
SECTION 7. Section 203.055(a), Occupations Code, is amended |
|
to read as follows: |
|
(a) Members of the advisory board serve for staggered terms |
|
of six years. [The terms of three members expire on January 31 of |
|
each odd-numbered year.] |
|
SECTION 8. 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 member of the advisory board to |
|
serve as the presiding officer of the advisory board to serve for a |
|
term of two years [one year]. The presiding officer of the advisory |
|
board may vote on any matter before the advisory board. |
|
SECTION 9. Section 401.105(a), Occupations Code, is amended |
|
to read as follows: |
|
(a) Members are appointed for staggered six-year terms. |
|
[The terms of three members expire September 1 of each odd-numbered |
|
year.] |
|
SECTION 10. Section 401.107(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) The presiding officer of the commission shall designate |
|
a member of the advisory board to serve as the presiding officer of |
|
the advisory board for a term of two years [one year]. |
|
SECTION 11. Section 402.055(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) Members of the advisory board serve staggered six-year |
|
terms. [The terms of three members expire on February 1 of each |
|
odd-numbered year.] |
|
SECTION 12. Section 402.057, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 402.057. PRESIDING OFFICER. The presiding officer of |
|
the commission shall designate a member of the advisory board to |
|
serve as the presiding officer of the advisory board for a term of |
|
two years [one year]. The presiding officer of the advisory board |
|
may vote on any matter before the advisory board. |
|
SECTION 13. Section 403.051, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 403.051. ADVISORY BOARD [COMMITTEE]. The department |
|
shall appoint an advisory board [committee] to provide advice and |
|
recommendations to the department on technical matters relevant to |
|
the administration of this chapter. |
|
SECTION 14. Section 451.053(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) Board members serve staggered six-year terms [with the |
|
terms of one or two members expiring on January 31 of each |
|
odd-numbered year]. |
|
SECTION 15. Section 451.055, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 451.055. PRESIDING OFFICER. The presiding officer of |
|
the commission shall designate a member of the board to serve as the |
|
presiding officer of the board for a two-year [one-year] term. The |
|
presiding officer of the board may vote on any matter before the |
|
board. |
|
SECTION 16. Section 455.103(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) Members of the advisory board are appointed for |
|
staggered six-year terms. [The terms of three members expire |
|
September 1 of each odd-numbered year.] |
|
SECTION 17. Section 455.104(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) The presiding officer of the commission shall designate |
|
a member of the advisory board to serve as the presiding officer of |
|
the advisory board for a term of two years [one year]. |
|
SECTION 18. Section 506.103(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) Members of the advisory board serve staggered six-year |
|
terms[, with the terms of three members expiring February 1 of each |
|
odd-numbered year]. |
|
SECTION 19. Section 506.104, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 506.104. PRESIDING OFFICER. The presiding officer of |
|
the commission shall designate a member of the advisory board to |
|
serve as the presiding officer of the advisory board for a term of |
|
two years [one year]. The presiding officer of the advisory board |
|
may vote on any matter before the advisory board. |
|
SECTION 20. Section 605.055(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) Members of the advisory board serve staggered six-year |
|
terms. [The terms of two or three members expire on February 1 of |
|
each odd-numbered year.] |
|
SECTION 21. Section 605.056, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 605.056. PRESIDING OFFICER. The presiding officer of |
|
the commission, with the commission's approval, shall designate a |
|
member of the advisory board to serve as the presiding officer of |
|
the advisory board for a term of two years [one year]. The |
|
presiding officer of the advisory board may vote on any matter |
|
before the advisory board. |
|
SECTION 22. Section 701.054(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) Members of the advisory board serve staggered six-year |
|
terms. [The terms of three members begin on September 1 of each |
|
odd-numbered year.] |
|
SECTION 23. Section 701.057, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 701.057. PRESIDING OFFICER. The presiding officer of |
|
the commission shall designate a member of the advisory board as the |
|
presiding officer of the advisory board to serve for a term of two |
|
years [one year]. The presiding officer of the advisory board may |
|
vote on any matter before the advisory board. |
|
SECTION 24. Section 802.065, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 802.065. ADVISORY BOARD [COMMITTEE]. (a) The |
|
commission shall establish an advisory board [committee] to advise |
|
the commission and make recommendations on matters related to the |
|
administration and enforcement of this chapter, including |
|
licensing fees and standards adopted under Subchapter E. |
|
(b) The advisory board [committee] consists of nine members |
|
appointed by the presiding officer of the commission with the |
|
approval of the commission as follows: |
|
(1) two members who are licensed breeders; |
|
(2) two members who are veterinarians; |
|
(3) two members who represent animal welfare |
|
organizations each of which has an office based in this state; |
|
(4) two members who represent the public; and |
|
(5) one member who is an animal control officer as |
|
defined in Section 829.001, Health and Safety Code. |
|
(c) Members of the advisory board [committee] serve |
|
staggered six-year [four-year] terms. [The terms of four or five |
|
members expire on February 1 of each odd-numbered year.] If a |
|
vacancy occurs during a member's term, the presiding officer of the |
|
commission, with the approval of the commission, shall appoint a |
|
replacement member to serve for the remainder of the unexpired |
|
term. |
|
(d) The presiding officer of the commission shall designate |
|
one member of the advisory board [committee] to serve as presiding |
|
officer of the advisory board [committee] for a two-year term. A |
|
member may serve more than one term as presiding officer. |
|
(e) [(f)] Except for the members described by Subsection |
|
(b)(1), a person may not be a member of the advisory board |
|
[committee] if the person or a member of the person's household: |
|
(1) is required to be licensed under this chapter; |
|
(2) is an officer, employee, or paid consultant of an |
|
entity required to be licensed under this chapter; |
|
(3) owns or controls, either directly or indirectly, |
|
more than a 10 percent interest in an entity required to be licensed |
|
under this chapter; or |
|
(4) is required to register as a lobbyist under |
|
Chapter 305, Government Code, because of the person's activities |
|
for compensation on behalf of an entity required to be licensed |
|
under this chapter. |
|
(f) [(g)] The presiding officer of the commission may |
|
remove from the advisory board [committee] a member who is |
|
ineligible for membership under Subsection e[f]. |
|
(g) [(h)] A member may not receive compensation for service |
|
on the advisory board [committee]. Subject to the department's |
|
budget and any limitation provided by the General Appropriations |
|
Act, a board [committee] member may receive reimbursement for the |
|
actual and necessary expenses incurred while performing advisory |
|
board [committee] duties. |
|
(h) [(i)] A decision of the advisory board [committee] is |
|
effective only on a majority vote of the members present. |
|
(i) [(j)] Chapter 2110, Government Code, does not apply to |
|
the size, composition, or duration of the advisory board |
|
[committee] or to the appointment of the board's [committee's] |
|
presiding officer. |
|
SECTION 25. Section 1151.002(7-b), Occupations Code, is |
|
amended to read as follows: |
|
(7-b) "Board" ["Committee"] means the Texas Tax |
|
Professional Advisory Board [Committee]. |
|
SECTION 26. Subchapter B, Chapter 1151, Occupations Code, |
|
is amended to read as follows: |
|
SUBCHAPTER B. TEXAS TAX PROFESSIONAL ADVISORY BOARD [COMMITTEE] |
|
Sec. 1151.051. MEMBERSHIP. (a) The Texas Tax Professional |
|
Advisory Board [Committee] consists of seven members appointed by |
|
the presiding officer of the commission with the approval of the |
|
commission as follows: |
|
(1) two members who are certified under this chapter |
|
as registered professional appraisers; |
|
(2) two members who are certified under this chapter |
|
as registered Texas collectors or registered Texas assessors; and |
|
(3) three members who represent the public. |
|
(b) A vacancy on the board [committee] is filled in the same |
|
manner as the original appointment for the unexpired portion of the |
|
term. |
|
(c) The presiding officer of the commission shall designate |
|
one member of the board [committee] as the presiding officer to |
|
serve a two-year term. |
|
(d) Each appointment to the board [committee] shall be made |
|
without regard to the race, color, disability, sex, religion, age, |
|
or national origin of the appointee. |
|
(e) Section 2110.008, Government Code, does not apply to the |
|
board [committee]. |
|
Sec. 1151.0511. PUBLIC MEMBER ELIGIBILITY. A person may |
|
not be a public member of the board [committee] if the person or the |
|
person's spouse: |
|
(1) is registered, certified, or licensed by a |
|
regulatory agency in the field of property tax appraisal, |
|
assessment, or collection; |
|
(2) is employed by or participates in the management |
|
of a business entity or other organization regulated by or |
|
receiving money from the department; |
|
(3) owns or controls, directly or indirectly, more |
|
than a 10 percent interest in a business entity or other |
|
organization regulated by or receiving money from the department; |
|
(4) uses or receives a substantial amount of tangible |
|
goods, services, or money from the department other than |
|
compensation or reimbursement authorized by law for board |
|
[committee] membership, attendance, or expenses; or |
|
(5) at any time has served on an appraisal review |
|
board. |
|
Sec. 1151.0512. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) |
|
In this section, "Texas trade association" means a cooperative and |
|
voluntarily joined statewide association of business or |
|
professional competitors in this state designed to assist its |
|
members and its industry or profession in dealing with mutual |
|
business or professional problems and in promoting their common |
|
interest. |
|
(b) A person may not be a member of the board [committee] if: |
|
(1) the person is an officer, employee, or paid |
|
consultant of a Texas trade association in the field of property tax |
|
appraisal, assessment, or collection; or |
|
(2) the person's spouse is an officer, manager, or paid |
|
consultant of a Texas trade association in the field of property tax |
|
appraisal, assessment, or collection. |
|
(c) A person may not be a member of the board [committee] if |
|
the person or the person's spouse is required to register as a |
|
lobbyist under Chapter 305, Government Code, because of the |
|
person's activities for compensation on behalf of a profession |
|
related to the operation of the board [committee] or the |
|
department. |
|
Sec. 1151.052. TERMS. Board [Committee] members serve |
|
staggered six-year terms[, with the terms of one or two members |
|
expiring on March 1 of each odd-numbered year]. |
|
Sec. 1151.055. COMPENSATION; REIMBURSEMENT. [(a)] A board |
|
[committee] member may not receive compensation for the member's |
|
services. |
|
SECTION 27. The heading to Subchapter C, Chapter 1151, |
|
Occupations Code, is amended to read as follows: |
|
SUBCHAPTER C. DUTIES OF COMMISSION, EXECUTIVE DIRECTOR, |
|
DEPARTMENT, AND ADVISORY BOARD [COMMITTEE] |
|
SECTION 28. Section 1151.101, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1151.101. FEES. The commission, with the advice of the |
|
board [committee], shall establish fees under this chapter in |
|
amounts reasonable and necessary to cover the costs of |
|
administering the programs and activities under this chapter. |
|
SECTION 29. Section 1151.108, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1151.108. BOARD [COMMITTEE] DUTIES. The board |
|
[committee] shall: |
|
(1) recommend to the commission rules and standards |
|
regarding technical issues relating to tax professionals; |
|
(2) provide advice to the commission regarding |
|
continuing education courses and curricula for registrants; |
|
(3) provide advice to the commission regarding the |
|
contents of any examination required by the commission under this |
|
chapter; and |
|
(4) educate, and respond to questions from, the |
|
commission and the department regarding issues affecting tax |
|
professionals. |
|
SECTION 30. Subchapter C, Chapter 1152, Occupations Code, |
|
is amended to read as follows: |
|
SUBCHAPTER C. PROPERTY TAX CONSULTANTS ADVISORY BOARD [COUNCIL] |
|
Sec. 1152.101. DEFINITION. In this subchapter, "board" |
|
["council"] means the Property Tax Consultants Advisory Board |
|
[Council]. |
|
Sec. 1152.102. BOARD [COUNCIL] MEMBERSHIP. (a) The board |
|
[council] is composed of seven members appointed by the presiding |
|
officer of the commission, with the commission's approval. |
|
(b) The presiding officer of the commission may appoint not |
|
more than two members who are qualified for an exemption under |
|
Section 1152.002(a)(3). |
|
(c) Except as provided by Subsection (d), each person |
|
appointed for membership on the board [council] must: |
|
(1) be a registered senior property tax consultant; |
|
(2) be a member of a nonprofit and voluntary trade |
|
association: |
|
(A) whose membership consists primarily of |
|
persons who perform property tax consulting services in this state |
|
or who engage in property tax management in this state for other |
|
persons; |
|
(B) that has written experience and examination |
|
requirements for membership; and |
|
(C) that subscribes to a code of professional |
|
conduct or ethics; |
|
(3) be a resident of this state for the five years |
|
preceding the date of the appointment; and |
|
(4) have performed or supervised the performance of |
|
property tax consulting services as the person's primary occupation |
|
continuously for the five years preceding the date of the |
|
appointment. |
|
(d) One member of the board [council] must be a public |
|
member. |
|
Sec. 1152.103. MEMBERSHIP RESTRICTIONS. A person is not |
|
eligible for appointment as a member of the board [council] if the |
|
person is: |
|
(1) required to register with the secretary of state |
|
under Chapter 305, Government Code; |
|
(2) required to register with the department under |
|
Chapter 1151; or |
|
(3) exempt from the registration requirements imposed |
|
by this chapter, except as provided by Section 1152.102. |
|
Sec. 1152.104. TERMS; VACANCY. (a) Members of the board |
|
[council] serve staggered six-year [three-year] terms[, with the |
|
terms of two members expiring on February 1 of each year]. |
|
(b) If a vacancy occurs during a member's term, the |
|
presiding officer of the commission, with the commission's |
|
approval, shall appoint to fill the unexpired part of the term a |
|
replacement who meets the qualifications of the vacated office. |
|
Sec. 1152.105. PRESIDING OFFICER. The presiding officer of |
|
the commission, with the commission's approval, shall appoint a |
|
member of the board [council] to serve as presiding officer of the |
|
board [council] for two years. |
|
Sec. 1152.106. VOTE REQUIRED FOR ACTION. A decision of the |
|
board [council] is not effective unless it receives the affirmative |
|
vote of at least four members. |
|
Sec. 1152.107. COMPENSATION; REIMBURSEMENT. A board |
|
[council] member is not entitled to receive compensation for |
|
serving as a member. A board [council] member is entitled to |
|
reimbursement for reasonable expenses incurred in performing |
|
duties as a member, subject to applicable limitations in the |
|
General Appropriations Act. |
|
Sec. 1152.108. BOARD [COUNCIL] POWERS. The board [council] |
|
shall: |
|
(1) recommend to the commission standards of practice, |
|
conduct, and ethics for registrants to be adopted under this |
|
chapter; |
|
(2) recommend to the commission amounts for the fees |
|
it may set under this chapter; |
|
(3) recommend to the commission contents for the |
|
senior property tax consultant registration examination and |
|
standards of acceptable performance; |
|
(4) assist and advise the commission in recognizing |
|
continuing education programs and educational courses for |
|
registrants; and |
|
(5) advise the commission in establishing educational |
|
requirements for initial applicants. |
|
SECTION 31. Section 1302.201, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1302.201. ADVISORY BOARD MEMBERSHIP. The air |
|
conditioning and refrigeration contractors advisory board consists |
|
of nine members appointed by the presiding officer of the |
|
commission, with the commission's approval[, and two ex officio |
|
nonvoting members]. One member of the advisory board must be a |
|
public member. |
|
SECTION 32. Section 1302.205(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) Appointed advisory board members serve staggered |
|
six-year terms. [The terms of two appointed members expire on |
|
February 1 of each odd-numbered year.] |
|
SECTION 33. Section 1305.052(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) Advisory board members serve staggered terms of six |
|
years[, with the terms of three members expiring on February 1 of |
|
each odd-numbered year]. |
|
SECTION 34. Section 1305.053, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1305.053. PRESIDING OFFICER. The presiding officer of |
|
the commission shall appoint one of the advisory board members to |
|
serve as presiding officer of the advisory board for a term of two |
|
years [one year]. The presiding officer of the advisory board may |
|
vote on any matter before the advisory board. |
|
SECTION 35. Section 1603.053(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) Members of the advisory board serve staggered six-year |
|
terms[, with the terms of three members expiring January 31 of each |
|
odd-numbered year]. |
|
SECTION 36. Section 1802.102(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) The advisory board consists of seven members appointed |
|
as follows: |
|
(1) four members who are licensed auctioneers |
|
appointed by the presiding officer of the commission, with the |
|
commission's approval; |
|
(2) one member who represents an auction school [the |
|
administrative head, or the administrative head's designee, of any |
|
state agency or office that is selected by the commission]; and |
|
(3) two public members. |
|
SECTION 37. Sections 1802.103 and 1802.104, Occupations |
|
Code, are amended to read as follows: |
|
Sec. 1802.103. TERMS; VACANCIES. [(a)] Advisory board |
|
members serve staggered six-year terms [that expire on September 1 |
|
of each odd-numbered year. Members may not serve more than two |
|
consecutive terms]. If a vacancy occurs during [the term of such] a |
|
member's term [member], the presiding officer of the commission, |
|
with the commission's approval, shall appoint a replacement to |
|
serve for the remainder of the term. |
|
Sec. 1802.104. PRESIDING OFFICER. The presiding officer of |
|
the commission, with the commission's approval, shall appoint a |
|
member of the advisory board to serve as presiding officer of the |
|
board. The presiding officer shall serve a term of [serves for] two |
|
years [and may not serve more than two consecutive terms]. |
|
SECTION 38. Section 1901.001(3), Occupations Code, is |
|
amended to read as follows: |
|
(3) "Board" ["Council"] means the Texas Water Well |
|
Drillers Advisory Board [Council]. |
|
SECTION 39. The heading to Subchapter C, Chapter 1901, |
|
Occupations Code, is amended to read as follows: |
|
SUBCHAPTER C. TEXAS WATER WELL DRILLERS ADVISORY BOARD [COUNCIL] |
|
SECTION 40. Section 1901.101, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1901.101. BOARD [COUNCIL] MEMBERSHIP. (a) The Texas |
|
Water Well Drillers Advisory Board [Council] consists of nine |
|
members appointed by the presiding officer of the commission, with |
|
the commission's approval, as follows: |
|
(1) six members who are drillers experienced in the |
|
well drilling business and familiar with well drilling, completion, |
|
and plugging methods and techniques; and |
|
(2) three public members. |
|
(b) One member appointed under Subsection (a)(1) must be |
|
selected from the state at large and the remaining five driller |
|
members must be selected from each of the following geographic |
|
areas of the state: |
|
(1) Gulf Coast area; |
|
(2) Trans-Pecos area; |
|
(3) Central Texas area; |
|
(4) Northeast Texas area; and |
|
(5) Panhandle-South Plains area. |
|
(c) Appointments to the board [council] shall be made |
|
without regard to the race, creed, sex, religion, or national |
|
origin of the appointee. |
|
SECTION 41. Section 1901.102(b), Occupations Code, is |
|
amended to read as follows: |
|
(b) A person is not eligible for appointment as a public |
|
member of the board [council] if the person or the person's spouse: |
|
(1) is licensed by an occupational regulatory agency |
|
in the field of well drilling; or |
|
(2) is employed by, participates in the management of, |
|
or has, other than as a consumer, a financial interest in a business |
|
entity or other organization related to the field of well drilling. |
|
SECTION 42. Section 1901.103, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1901.103. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) |
|
An officer, employee, or paid consultant of a trade association in |
|
the well drilling industry may not be a board [council] member or an |
|
employee of the department connected with the administration of |
|
this chapter. |
|
(b) A board [council] member or an employee of the |
|
department connected with the administration of this chapter may |
|
not be related within the second degree by affinity or |
|
consanguinity to a person who is an officer, employee, or paid |
|
consultant of a trade association in the well drilling industry. |
|
(c) A person may not serve as a member of the board [council] |
|
if the person is required to register as a lobbyist under Chapter |
|
305, Government Code, because of the person's activities on behalf |
|
of a trade or professional association in the well drilling |
|
industry. |
|
SECTION 43. Section 1901.104, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1901.104. TERMS. Board [Council] members serve |
|
staggered six-year terms [expiring September 15]. |
|
SECTION 44. Section 1901.105, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1901.105. PRESIDING OFFICER. The presiding officer of |
|
the commission, with the commission's approval, shall appoint a |
|
member of the board [council] to serve as presiding officer of the |
|
board [council] for two years. |
|
SECTION 45. Section 1901.107, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1901.107. MEETINGS; QUORUM. (a) [(b)] The board |
|
[council] shall conduct meetings in compliance with Chapter 551, |
|
Government Code. |
|
(b) [(c)] A majority of the board [council] constitutes a |
|
quorum. |
|
SECTION 46. Section 1901.108, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1901.108. REIMBURSEMENT. A board [council] member may |
|
be reimbursed for travel expenses, including expenses for meals and |
|
lodging. A member is entitled to reimbursement for transportation |
|
expenses as prescribed by the General Appropriations Act. |
|
SECTION 47. Section 1901.109, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1901.109. BOARD [COUNCIL] POWERS AND DUTIES. (a) The |
|
board [council] may propose rules for adoption by the commission |
|
relating to the regulation of drillers registered under this |
|
chapter. |
|
(b) The board [council] shall advise the department on the |
|
contents of licensing examinations. |
|
(c) The board [council] may: |
|
(1) recommend standards for continuing education |
|
programs, including standards relating to: |
|
(A) the qualifications of program providers and |
|
instructors; and |
|
(B) the amount of program fees; and |
|
(2) recommend topics to be covered in a continuing |
|
education course. |
|
(d) The board [council] shall assist the commission in |
|
evaluating continuing education programs. |
|
SECTION 48. Section 1902.001(3), Occupations Code, is |
|
amended to read as follows: |
|
(3) "Board" ["Council"] means the Texas Water Well |
|
Drillers Advisory Board [Council]. |
|
SECTION 49. Section 1902.251, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1902.251. INSTALLING AND REPAIRING PUMPS. An |
|
installer shall install or repair pumps under standards and |
|
procedures adopted by the commission with the advice of the board |
|
[council]. |
|
SECTION 50. Section 1952.055, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1952.055. ADVISORY BOARD [COMMITTEE]. The department |
|
may establish an advisory board [committee] to provide advice and |
|
recommendations to the department on technical matters relevant to |
|
the administration of this chapter. |
|
SECTION 51. Section 1953.0512, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1953.0512. ADVISORY BOARD [COMMITTEE]. The department |
|
may establish an advisory board [committee] to provide advice and |
|
recommendations to the department on technical matters relevant to |
|
the administration of this chapter. |
|
SECTION 52. Section 1958.032(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) Members of the advisory board serve staggered six-year |
|
terms[, with the terms of three or four members expiring on February |
|
1 of each odd-numbered year]. |
|
SECTION 53. Section 1958.033, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1958.033. PRESIDING OFFICER. The presiding officer of |
|
the commission, with the approval of the commission, shall appoint |
|
one of the advisory board members to serve as presiding officer of |
|
the advisory board for a term of two years [one year]. |
|
SECTION 54. Section 2308.051(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) The advisory board consists of nine [the following] |
|
members appointed by the presiding officer of the commission with |
|
the approval of the commission: |
|
(1) one representative of a towing company operating |
|
in a county with a population of less than one million; |
|
(2) one representative of a towing company operating |
|
in a county with a population of one million or more; |
|
(3) one representative of a vehicle storage facility |
|
located in a county with a population of less than one million; |
|
(4) one representative of a vehicle storage facility |
|
located in a county with a population of one million or more; |
|
(5) one parking facility representative; |
|
(6) one peace officer from a county with a population |
|
of less than one million; |
|
(7) one peace officer from a county with a population |
|
of one million or more; |
|
(8) one representative of a member insurer, as defined |
|
by Section 462.004, Insurance Code, of the Texas Property and |
|
Casualty Insurance Guaranty Association who writes automobile |
|
insurance in this state; and |
|
(9) one person who operates both a towing company and a |
|
vehicle storage facility. |
|
SECTION 55. Section 2308.052(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) Advisory board members serve staggered terms of six |
|
years[, with the terms of two or three members, as appropriate, |
|
expiring on February 1 of each odd-numbered year]. |
|
SECTION 56. Section 2308.053, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 2308.053. PRESIDING OFFICER. The presiding officer of |
|
the commission shall appoint one of the advisory board members to |
|
serve as presiding officer of the advisory board for a term of two |
|
years [one year]. The presiding officer of the advisory board may |
|
vote on any matter before the advisory board. |
|
SECTION 57. Section 2309.052(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) Advisory board members serve staggered terms of six |
|
years[, with the terms of one or two members expiring on February 1 |
|
of each odd-numbered year]. |
|
SECTION 58. Section 2309.053, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 2309.053. PRESIDING OFFICER. The presiding officer of |
|
the commission shall appoint one of the advisory board members to |
|
serve as presiding officer of the advisory board for a term of two |
|
years [one year]. The presiding officer of the advisory board may |
|
vote on any matter before the advisory board. |
|
SECTION 59. Section 2310.033(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) Members of the board serve staggered six-year terms[, |
|
with the terms of three or four members expiring on February 1 of |
|
each odd-numbered year]. |
|
SECTION 60. Section 2310.034, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 2310.034. PRESIDING OFFICER. The presiding officer of |
|
the commission, with the approval of the commission, shall appoint |
|
one of the board members to serve as presiding officer of the board |
|
for a term of two years [one year]. |
|
SECTION 61. Sections 662.0037(c) and (e), Transportation |
|
Code, are amended to read as follows: |
|
(c) The advisory board members serve staggered six-year |
|
terms. [The terms of three members expire September 1 of each |
|
odd-numbered year.] |
|
(e) The presiding officer of the commission, on approval of |
|
the commission, shall designate a member of the advisory board to |
|
serve as the presiding officer of the advisory board for two years |
|
[a one-year term]. The presiding officer of the advisory board may |
|
vote on any matter before the advisory board. |
|
SECTION 62. The following provisions of the Occupations |
|
Code are repealed: |
|
(1) Section 506.103(b); |
|
(2) Sections 605.059, 1302.203, and 1302.208; |
|
(3) Section 1305.052(b); |
|
(4) Section 1901.106; and |
|
(5) Sections 2308.052(b) and 2309.052(b). |
|
SECTION 63. This Act takes effect September 1, 2025. |
|
|
|
* * * * * |