Bill Text: TX HB2667 | 2019-2020 | 86th Legislature | Engrossed
Bill Title: Relating to the licensing and regulation of certain occupations and activities; providing administrative penalties; requiring occupational licenses; authorizing fees; creating criminal offenses.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2019-05-13 - Referred to Business & Commerce [HB2667 Detail]
Download: Texas-2019-HB2667-Engrossed.html
By: Guillen | H.B. No. 2667 |
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relating to the licensing and regulation of certain occupations and | ||
activities; providing administrative penalties; requiring | ||
occupational licenses; authorizing fees; creating criminal | ||
offenses. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. COURT-ORDERED EDUCATIONAL PROGRAMS | ||
SECTION 1.001. Title 2, Government Code, is amended by | ||
adding Subtitle M to read as follows: | ||
SUBTITLE M. COURT PROGRAMS REGULATION | ||
CHAPTER 171. EDUCATIONAL PROGRAMS REGULATED BY TEXAS DEPARTMENT OF | ||
LICENSING AND REGULATION | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 171.0001. DEFINITIONS. In this chapter: | ||
(1) "Alcohol educational program for minors" means an | ||
alcohol awareness program described by Section 106.115, Alcoholic | ||
Beverage Code. | ||
(2) "Certificate of program completion" means a | ||
uniform, serially numbered certificate that is given by a program | ||
provider to a participant who successfully completes a | ||
court-ordered program. | ||
(3) "Commission" means the Texas Commission of | ||
Licensing and Regulation. | ||
(4) "Court-ordered program" means any of the following | ||
programs: | ||
(A) the alcohol educational program for minors; | ||
(B) the drug offense educational program; | ||
(C) the intervention program for intoxication; | ||
(D) the intoxication offense educational | ||
program; or | ||
(E) the responsible pet owner program. | ||
(5) "Department" means the Texas Department of | ||
Licensing and Regulation. | ||
(6) "Drug offense educational program" means an | ||
educational program described by Section 521.374(a)(1), | ||
Transportation Code. | ||
(7) "Executive director" means the executive director | ||
of the department. | ||
(8) "Instructor" means a person licensed by the | ||
department to instruct a court-ordered program. | ||
(9) "Intervention program for intoxication" means an | ||
educational program described by Article 42A.404, Code of Criminal | ||
Procedure. | ||
(10) "Intoxication offense educational program" means | ||
an educational program described by Article 42A.403, Code of | ||
Criminal Procedure. | ||
(11) "Participant" means a person who attends a | ||
court-ordered program. | ||
(12) "Program provider" means a person licensed by the | ||
department to offer or provide a court-ordered program. | ||
(13) "Responsible pet owner program" means an | ||
educational program described by Article 42A.511(a)(1), Code of | ||
Criminal Procedure. | ||
SUBCHAPTER B. POWERS AND DUTIES OF COMMISSION, DEPARTMENT, AND | ||
EXECUTIVE DIRECTOR | ||
Sec. 171.0051. GENERAL POWERS AND DUTIES. The commission, | ||
department, or executive director, as appropriate, shall | ||
administer and enforce this chapter. | ||
Sec. 171.0052. POWERS AND DUTIES OF DEPARTMENT. The | ||
department shall: | ||
(1) prescribe the application form for a license under | ||
this chapter; | ||
(2) evaluate the qualifications of applicants; and | ||
(3) enforce minimum standards applicable to program | ||
providers, instructors, and court-ordered programs. | ||
Sec. 171.0053. RULES. (a) The commission shall adopt rules | ||
necessary to administer and enforce this chapter. | ||
(b) The department may consult with other state agencies in | ||
the development of rules under this section. | ||
Sec. 171.0054. FEES. (a) The commission by rule shall set | ||
fees in amounts that are reasonable and necessary to cover the costs | ||
of administering and enforcing this chapter, including fees for: | ||
(1) the issuance or renewal of a license; | ||
(2) the issuance of a certificate of program | ||
completion or a certificate number; and | ||
(3) the curricula and materials used for a | ||
court-ordered program. | ||
(b) A fee imposed by the department under this chapter is | ||
not refundable. | ||
(c) The department or the department's authorized | ||
representative may collect a fee imposed under this chapter. | ||
Sec. 171.0055. CODE OF ETHICS. The commission shall adopt | ||
and publish a code of ethics for license holders. | ||
Sec. 171.0056. ELECTRONIC TRANSMISSION OF PROGRAM | ||
INFORMATION. The department may develop and implement procedures | ||
to electronically transmit information regarding court-ordered | ||
programs to municipal and justice courts. | ||
Sec. 171.0057. DIRECTORY. (a) The department shall | ||
maintain a directory of: | ||
(1) program providers; | ||
(2) instructors; and | ||
(3) court-ordered programs. | ||
(b) The department shall make the directory available to the | ||
public. | ||
Sec. 171.0058. MEMORANDUM OF UNDERSTANDING. The department | ||
may enter into a memorandum of understanding with the Department of | ||
Public Safety, the Texas Department of Transportation, the Texas | ||
Department of Criminal Justice, the Health and Human Services | ||
Commission, the Department of State Health Services, or any other | ||
appropriate state agency regarding the development of rules, | ||
curricula, certificates of program completion, or certificate | ||
numbers for court-ordered programs. | ||
SUBCHAPTER C. PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES | ||
Sec. 171.0101. COMPLAINTS. (a) Any person may file a | ||
complaint with the department alleging a violation of this chapter | ||
or a rule adopted under this chapter. | ||
(b) The commission by rule shall establish methods by which | ||
participants of a court-ordered program are notified of the name, | ||
mailing address, telephone number, and Internet website address of | ||
the department for the purpose of directing complaints regarding a | ||
person or activity regulated under this chapter to the department. | ||
Sec. 171.0102. ASSISTANCE WITH FILING COMPLAINT. The | ||
department shall provide reasonable assistance to a person who | ||
wishes to file a complaint with the department regarding a person or | ||
activity regulated under this chapter. | ||
SUBCHAPTER D. PROGRAM PROVIDER LICENSE REQUIREMENTS | ||
Sec. 171.0151. PROGRAM PROVIDER LICENSE REQUIRED. A person | ||
may not provide or offer to provide a court-ordered program unless | ||
the person holds a program provider license issued under this | ||
subchapter for the program. | ||
Sec. 171.0152. ELIGIBILITY REQUIREMENTS FOR PROGRAM | ||
PROVIDER LICENSE. (a) The commission by rule shall establish | ||
eligibility requirements and criteria for the issuance of a program | ||
provider license under this chapter. | ||
(b) The commission by rule may establish eligibility | ||
requirements based on: | ||
(1) the type of court-ordered program the applicant | ||
seeks to provide; and | ||
(2) the location where a court-ordered program will be | ||
provided, including the applicant's headquarters and any branch | ||
locations. | ||
Sec. 171.0153. ISSUANCE OF PROGRAM PROVIDER LICENSE. The | ||
department shall issue a program provider license to an applicant | ||
who: | ||
(1) meets the eligibility requirements and criteria | ||
established by commission rule; | ||
(2) submits a completed application to the department | ||
on the form prescribed by the department; and | ||
(3) pays the nonrefundable license application fee set | ||
by the commission. | ||
SUBCHAPTER E. INSTRUCTOR LICENSE REQUIREMENTS AND ISSUANCE | ||
Sec. 171.0201. APPLICABILITY. This subchapter applies to | ||
the following court-ordered programs: | ||
(1) the alcohol educational program for minors; | ||
(2) the drug offense educational program; | ||
(3) the intervention program for intoxication; and | ||
(4) the intoxication offense educational program. | ||
Sec. 171.0202. INSTRUCTOR LICENSE REQUIRED. (a) A person | ||
may not instruct or represent that the person is an instructor of a | ||
court-ordered program to which this subchapter applies unless the | ||
person holds the appropriate instructor license issued under this | ||
subchapter. | ||
(b) A separate instructor license is required for each | ||
court-ordered program. | ||
Sec. 171.0203. ISSUANCE OF INSTRUCTOR LICENSE. The | ||
department shall issue an instructor license for a particular | ||
court-ordered program to an applicant who: | ||
(1) meets the eligibility requirements and criteria | ||
established by commission rule; | ||
(2) submits a completed application to the department | ||
on the form prescribed by the department; | ||
(3) submits proof of meeting the education and | ||
experience requirements of Section 171.0204 or 171.0205, as | ||
applicable; | ||
(4) completes the instructor training course and | ||
passes the examination required under Section 171.0206; | ||
(5) passes a criminal history background check | ||
conducted by the department; and | ||
(6) pays the nonrefundable license application fee set | ||
by the commission. | ||
Sec. 171.0204. REQUIREMENTS FOR CERTAIN ALCOHOL OR DRUG | ||
RELATED INSTRUCTOR LICENSES. To be eligible for an instructor | ||
license for an alcohol educational program for minors, intoxication | ||
offense educational program, or drug offense educational program, | ||
an applicant must: | ||
(1) hold an associate degree or a more advanced degree | ||
in psychology, sociology, counseling, social work, criminal | ||
justice, education, nursing, health, or traffic safety; | ||
(2) hold a license, registration, or certification | ||
under Chapter 301, 501, 503, 504, or 505 or Subtitle B, Title 3, | ||
Occupations Code, or under Subchapter B, Chapter 21, Education | ||
Code; | ||
(3) have sufficient experience, as specified by rule, | ||
as a parole or community supervision officer or adult or child | ||
protective services caseworker; | ||
(4) have at least one year of documented experience in | ||
substance abuse or mental health case management; or | ||
(5) have at least one year of education relating to | ||
substance abuse or mental health. | ||
Sec. 171.0205. REQUIREMENTS FOR INTERVENTION PROGRAM FOR | ||
INTOXICATION INSTRUCTOR LICENSE. To be eligible for an instructor | ||
license for the intervention program for intoxication, an applicant | ||
must: | ||
(1) either: | ||
(A) hold a license or registration under Chapter | ||
501, 503, 504, or 505 or Subtitle B, Title 3, Occupations Code; or | ||
(B) hold an associate degree or a more advanced | ||
degree in psychology, sociology, counseling, social work, criminal | ||
justice, education, nursing, or health; and | ||
(2) have at least two years of documented experience | ||
providing direct client services to persons with substance abuse | ||
disorders or mental illness. | ||
Sec. 171.0206. INSTRUCTOR TRAINING COURSE; EXAMINATION. | ||
(a) The commission by rule shall establish the requirements for the | ||
instructor training course and examination. | ||
(b) The department or the department's authorized | ||
representative shall provide the training course and administer | ||
examinations for applicants for an instructor license. | ||
(c) The commission may adopt rules to provide for the | ||
reexamination of an applicant who fails the examination. | ||
(d) The department or the department's authorized | ||
representative may charge a fee as set by commission rule for the | ||
instructor training course, any training materials, and the | ||
examination. | ||
SUBCHAPTER F. RESTRICTIONS ON LICENSE | ||
Sec. 171.0251. LICENSE NOT TRANSFERABLE. A license issued | ||
under this chapter is not transferable or assignable. | ||
Sec. 171.0252. LICENSE ONLY FOR ISSUED PROGRAM. A license | ||
issued under this chapter is valid only for the type of | ||
court-ordered program for which the license is issued. | ||
SUBCHAPTER G. LICENSE TERM AND RENEWAL | ||
Sec. 171.0301. LICENSE TERM. A license issued under this | ||
chapter is valid for one or two years from the date of issuance as | ||
prescribed by commission rule. | ||
Sec. 171.0302. LICENSE RENEWAL. The commission by rule | ||
shall establish the requirements for renewing a license issued | ||
under this chapter, including the payment of applicable fees. | ||
Sec. 171.0303. CONTINUING EDUCATION FOR RENEWAL OF | ||
INSTRUCTOR LICENSE. (a) The commission by rule shall establish the | ||
continuing education requirements to renew an instructor license | ||
issued under Subchapter E. The commission may require a different | ||
number of hours of continuing education for each type of | ||
court-ordered program. | ||
(b) In addition to the continuing education requirements of | ||
Subsection (a), an instructor must complete an instructor | ||
continuing education seminar prescribed by the department if the | ||
department makes substantial changes to the curriculum or materials | ||
for the court-ordered program for which the license was issued. | ||
(c) The commission by rule may establish an alternative | ||
method for satisfying the continuing education requirements of | ||
Subsection (a). | ||
SUBCHAPTER H. COURT-ORDERED PROGRAM REQUIREMENTS | ||
Sec. 171.0351. GENERAL COURT-ORDERED PROGRAM REQUIREMENTS. | ||
(a) The commission shall adopt rules for each court-ordered | ||
program regarding: | ||
(1) the criteria for administration; | ||
(2) the structure, length, content, manner of | ||
delivery, schedule, and applicable fees; | ||
(3) the criteria for a participant to successfully | ||
complete the program; and | ||
(4) the development of a certificate of program | ||
completion that is acceptable to a court. | ||
(b) The commission may adopt rules for each court-ordered | ||
program regarding records to be maintained and reports to be filed | ||
with the department. | ||
(c) The department or the department's authorized | ||
representative shall develop the curriculum and educational | ||
materials to be used for each court-ordered program. | ||
(d) A program provider or instructor may not discriminate | ||
against participants based on sex, race, religion, age, national or | ||
ethnic origin, or disability. | ||
Sec. 171.0352. ADDITIONAL REQUIREMENTS FOR ALCOHOL OR DRUG | ||
RELATED PROGRAMS. (a) This section applies to the following | ||
court-ordered programs: | ||
(1) the alcohol educational program for minors; | ||
(2) the drug offense educational program; | ||
(3) the intervention program for intoxication; and | ||
(4) the intoxication offense educational program. | ||
(b) A court-ordered program to which this section applies | ||
must be: | ||
(1) provided by a program provider licensed for the | ||
type of program; | ||
(2) provided at a specific location, if required by | ||
commission rule; and | ||
(3) taught by an instructor licensed for the type of | ||
program. | ||
(c) The commission may adopt rules for each court-ordered | ||
program to which this section applies regarding: | ||
(1) the appointment, qualifications, and | ||
responsibilities of an administrator of a court-ordered program; | ||
(2) the use of supplemental educational materials; | ||
(3) minimum classroom facilities and equipment; | ||
(4) the conduct of instructors; | ||
(5) teaching requirements for instructors; and | ||
(6) participant evaluations, screenings, and exit | ||
interviews. | ||
Sec. 171.0353. ADDITIONAL PROGRAM REQUIREMENTS FOR | ||
RESPONSIBLE PET OWNER PROGRAM. (a) The responsible pet owner | ||
program must be offered online by a program provider licensed for | ||
that program. | ||
(b) The commission may adopt rules for the responsible pet | ||
owner program regarding: | ||
(1) the timing of the program; and | ||
(2) the procedures for program security and attendance | ||
verification. | ||
Sec. 171.0354. CERTIFICATE OF PROGRAM COMPLETION. (a) The | ||
department shall issue or provide for the issuance of a certificate | ||
of program completion or certificate number showing completion of a | ||
court-ordered program. | ||
(b) The commission by rule shall provide for the form, | ||
design, content, and distribution of certificates of program | ||
completion and certificate numbers. | ||
(c) The commission by rule shall adopt a system for program | ||
providers to provide for the appropriate care, custody, and control | ||
of certificates of program completion and certificate numbers. | ||
(d) The commission by rule shall establish requirements | ||
regarding the submission of a copy of a certificate of program | ||
completion or certificate number to the appropriate court, state | ||
agency, or community supervision and corrections department. | ||
SUBCHAPTER I. PRACTICE BY LICENSE HOLDER | ||
Sec. 171.0401. GENERAL REQUIREMENTS FOR ALL LICENSE | ||
HOLDERS. (a) A license holder shall comply with all requirements | ||
under this chapter or commission rule for the court-ordered program | ||
for which the license is issued. | ||
(b) A license holder may only provide or instruct, as | ||
applicable, the court-ordered program for which the license is | ||
issued. | ||
(c) A license holder may only use the curriculum approved | ||
for the court-ordered program for which the license is issued. | ||
Sec. 171.0402. NOTICE OF CHANGE IN ADMINISTRATOR OR CONTACT | ||
INFORMATION. Not later than the 30th day after the date of the | ||
change, a license holder shall notify the department in writing of | ||
any change regarding: | ||
(1) the administrator of a court-ordered program | ||
provided by a program provider; or | ||
(2) the license holder's address, telephone number, | ||
e-mail address, or Internet website address. | ||
SUBCHAPTER J. PRACTICE BY PROGRAM PROVIDER | ||
Sec. 171.0451. PROGRAM PROVIDER RESPONSIBILITIES; GENERAL | ||
REQUIREMENTS. (a) A program provider shall maintain care, custody, | ||
and control of the certificates of program completion and | ||
certificate numbers, as prescribed by commission rule. | ||
(b) A program provider shall issue and deliver a certificate | ||
of program completion to a participant who successfully completes a | ||
court-ordered program provided by the program provider. The | ||
commission by rule shall establish the timing and method of | ||
delivery of the certificate. | ||
(c) A program provider shall comply with applicable laws | ||
regarding confidentiality of participant records and obtaining | ||
consent to disclosure. | ||
(d) A program provider shall submit to the department | ||
information required by the department relating to certificates of | ||
program completion issued by the program provider. | ||
Sec. 171.0452. ADDITIONAL PROGRAM PROVIDER | ||
RESPONSIBILITIES FOR ALCOHOL OR DRUG RELATED PROGRAMS. (a) This | ||
section applies to the following court-ordered programs: | ||
(1) the alcohol educational program for minors; | ||
(2) the drug offense educational program; | ||
(3) the intervention program for intoxication; and | ||
(4) the intoxication offense educational program. | ||
(b) A program provider shall designate an administrator for | ||
each of the provider's court-ordered programs to which this section | ||
applies. | ||
(b-1) The commission by rule may establish requirements | ||
regarding the qualifications and responsibilities of an | ||
administrator. | ||
(c) As prescribed by commission rule, a program provider | ||
shall: | ||
(1) collect and maintain information regarding each of | ||
the program provider's instructors, each court-ordered program | ||
provided by the program provider, and each program participant; and | ||
(2) make available to the department on request | ||
records containing the information described by Subdivision (1). | ||
(d) The commission may require different information to be | ||
collected and maintained for each type of court-ordered program. | ||
(e) The commission may adopt rules requiring program | ||
providers to submit to the department information regarding | ||
programs, instructors, and participants. The commission may | ||
require different information to be reported for each type of | ||
court-ordered program. | ||
(f) A program provider shall provide in writing to each | ||
participant the provider's license number and the applicable | ||
instructor's license number. | ||
(g) A program provider shall maintain and make available to | ||
participants information regarding course fees, schedules, and | ||
locations for all court-ordered programs provided by the program | ||
provider. | ||
Sec. 171.0453. ADDITIONAL PROGRAM PROVIDER | ||
RESPONSIBILITIES FOR RESPONSIBLE PET OWNER PROGRAM. (a) A program | ||
provider shall ensure that a responsible pet owner program provided | ||
by a program provider is delivered online in a manner conducive to | ||
learning. | ||
(b) The program provider is responsible for the conduct and | ||
administration of a responsible pet owner program, including the | ||
verification of participant attendance and program performance. | ||
(c) As prescribed by commission rule, a program provider | ||
shall: | ||
(1) collect information for each participant in a | ||
responsible pet owner program; | ||
(2) maintain and make available to the department on | ||
request the information described by Subdivision (1); and | ||
(3) submit monthly reports to the department. | ||
(d) A program provider shall: | ||
(1) maintain the security and integrity of the | ||
information of participants in a responsible pet owner program; and | ||
(2) create and provide a privacy policy statement to | ||
each participant. | ||
(e) In each advertisement for or Internet website of a | ||
responsible pet owner program, the program provider shall include: | ||
(1) the provider's license number; and | ||
(2) the program's number issued by the department. | ||
Sec. 171.0454. PROGRAM PROVIDER CHANGE OF OWNERSHIP. Not | ||
less than 30 days before the date of a change in ownership of a | ||
program provider, the proposed new owner must apply for a new | ||
program provider license for each type of court-ordered program to | ||
be offered by the new owner. | ||
SUBCHAPTER K. PRACTICE BY INSTRUCTOR | ||
Sec. 171.0501. INSTRUCTOR RESPONSIBILITIES FOR ALCOHOL OR | ||
DRUG RELATED PROGRAMS. (a) This section applies to the following | ||
court-ordered programs: | ||
(1) the alcohol educational program for minors; | ||
(2) the drug offense educational program; | ||
(3) the intervention program for intoxication; and | ||
(4) the intoxication offense educational program. | ||
(b) An instructor may only instruct for a program provider | ||
that holds the appropriate program provider license. | ||
(c) An instructor shall carry the instructor's license at | ||
all times while providing instruction at a court-ordered program to | ||
which this section applies. | ||
SUBCHAPTER L. PROHIBITED PRACTICES AND ENFORCEMENT | ||
Sec. 171.0551. PROHIBITED PRACTICES BY ALL LICENSE HOLDERS. | ||
A license holder may not: | ||
(1) use advertising that is false, misleading, or | ||
deceptive; or | ||
(2) issue, sell, trade, or transfer a certificate of | ||
program completion or a certificate number to a person who has not | ||
successfully completed the applicable court-ordered program or who | ||
is not otherwise authorized to possess the certificate or number. | ||
Sec. 171.0552. GROUNDS FOR DISCIPLINARY ACTIONS. The | ||
commission or executive director may deny an application for an | ||
initial or renewal license, revoke or suspend a license, place on | ||
probation a person whose license has been suspended, or reprimand a | ||
license holder who: | ||
(1) violates this chapter, a rule adopted under this | ||
chapter, or an order of the commission or executive director; | ||
(2) fails to meet a requirement for obtaining or | ||
holding a license under this chapter; | ||
(3) fails to notify the department of the | ||
discontinuation of the operation of a court-ordered program | ||
provided or instructed by the license holder; | ||
(4) fails to make available to the department accurate | ||
records regarding the operation of a discontinued court-ordered | ||
program provided or instructed by the license holder; | ||
(5) permits or engages in misrepresentation, fraud, or | ||
deceit in applying for a license; | ||
(6) permits or engages in a fraudulent practice | ||
regarding a court-ordered program provided or instructed by the | ||
license holder; | ||
(7) sells, barters, or offers to sell or barter a | ||
license; | ||
(8) engages in unprofessional conduct that: | ||
(A) endangers or is likely to endanger the | ||
health, welfare, or safety of the public as defined by commission | ||
rule; or | ||
(B) violates the code of ethics adopted and | ||
published by the commission; | ||
(9) falsifies, submits, or maintains any | ||
substantially false, inaccurate, or incomplete documentation | ||
required under this chapter or related to the court-ordered program | ||
provided or instructed by the license holder; | ||
(10) engages in conduct, or encourages or permits a | ||
participant in a court-ordered program provided or instructed by | ||
the license holder to engage in conduct, that is inconsistent with | ||
the behaviors and principles of the curriculum of the court-ordered | ||
program for which the license is issued; | ||
(11) while under the influence of alcohol or a | ||
controlled substance, attends an instructor training or a | ||
court-ordered program, instructs a court-ordered program, or | ||
performs duties related to the court-ordered program for which the | ||
holder's license is issued; | ||
(12) provides a participant with, or permits a | ||
participant to use, alcohol or a controlled substance; or | ||
(13) engages in conduct that is harmful to the health, | ||
safety, or welfare of a participant or the public. | ||
Sec. 171.0553. DISCIPLINARY ACTION; ADMINISTRATIVE | ||
PENALTY. If a person violates this chapter or an order issued or a | ||
rule adopted under this chapter, the person is subject to any action | ||
or penalty under Subchapter F or G, Chapter 51, Occupations Code. | ||
Sec. 171.0554. ONSITE INSPECTIONS, MONITORING, AND AUDITS. | ||
The department or the department's authorized representative may: | ||
(1) conduct periodic, onsite inspections to verify a | ||
program provider's compliance with this chapter; and | ||
(2) attend or audit a court-ordered program. | ||
Sec. 171.0555. INVESTIGATIONS. (a) A program provider, | ||
administrator, instructor, or any person associated with a | ||
court-ordered program shall: | ||
(1) cooperate with the department during an | ||
investigation of a complaint under this chapter; and | ||
(2) provide or make available to the department on | ||
request any documents or records related to the investigation, | ||
including all instructor or administrator records, unless | ||
otherwise prohibited by law. | ||
(b) The department may contract with the Department of | ||
Public Safety to provide investigative assistance in the | ||
enforcement of this chapter. | ||
Sec. 171.0556. UNLAWFUL TRANSFER OF CERTIFICATE OF PROGRAM | ||
COMPLETION OR CERTIFICATE NUMBER; OFFENSE. (a) A person commits an | ||
offense if the person knowingly sells, trades, issues, or otherwise | ||
transfers, or possesses with intent to sell, trade, issue, or | ||
otherwise transfer, a certificate of program completion or a | ||
certificate number to a person not authorized to possess the | ||
certificate or number. | ||
(b) An offense under this section is a felony of the third | ||
degree. | ||
Sec. 171.0557. UNLAWFUL POSSESSION OF CERTIFICATE OF | ||
PROGRAM COMPLETION OR CERTIFICATE NUMBER; OFFENSE. (a) A person | ||
commits an offense if the person knowingly possesses a certificate | ||
of program completion or a certificate number that the person is not | ||
authorized to possess under this chapter. | ||
(b) An offense under this section is a felony of the third | ||
degree. | ||
SECTION 1.002. The heading to Section 106.115, Alcoholic | ||
Beverage Code, is amended to read as follows: | ||
Sec. 106.115. ATTENDANCE AT ALCOHOL AWARENESS PROGRAM | ||
[ |
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SECTION 1.003. Section 106.115, Alcoholic Beverage Code, is | ||
amended by amending Subsections (a) and (b-2) and adding | ||
Subsections (a-1) and (a-2) to read as follows: | ||
(a) On the placement of a minor on deferred disposition for | ||
an offense under Section 49.02, Penal Code, or under Section | ||
106.02, 106.025, 106.04, 106.041, 106.05, or 106.07, the court | ||
shall require the defendant to attend one of the following | ||
programs: | ||
(1) an alcohol awareness program [ |
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that is regulated under Chapter 171, Government Code; | ||
(2) [ |
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521.374(a)(1) [ |
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under Chapter 171, Government Code; or | ||
(3) a drug and alcohol driving awareness program under | ||
Section 1001.103, Education Code [ |
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(a-1) On conviction of a minor of an offense under Section | ||
49.02, Penal Code, or Section 106.02, 106.025, 106.04, 106.041, | ||
106.05, or 106.07 [ |
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addition to assessing a fine as provided by those sections, shall | ||
require a defendant who has not been previously convicted of an | ||
offense under one of those sections to attend an alcohol awareness | ||
program, a drug education program, or a drug and alcohol driving | ||
awareness program described by Subsection (a) [ |
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If the defendant has been previously convicted once or more of an | ||
offense under one or more of those sections, the court may require | ||
the defendant to attend an alcohol awareness program, a drug | ||
education program, or a drug and alcohol driving awareness program | ||
described by Subsection (a) [ |
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(a-2) If the defendant is younger than 18 years of age, the | ||
court may require the parent or guardian of the defendant to attend | ||
the program described by Subsection (a) with the defendant. [ |
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[ |
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[ |
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[ |
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[ |
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[ |
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(b-2) For purposes of Subsection (b-1), if the defendant is | ||
enrolled in an institution of higher education located in a county | ||
in which access to an alcohol awareness program is readily | ||
available, the court may consider the defendant to be a resident of | ||
that county. If the defendant is not enrolled in such an institution | ||
of higher education or if the court does not consider the defendant | ||
to be a resident of the county in which the institution is located, | ||
the defendant's residence is the residence listed on the | ||
defendant's driver's license or personal identification | ||
certificate issued by the Department of Public Safety. If the | ||
defendant does not have a driver's license or personal | ||
identification certificate issued by the Department of Public | ||
Safety, the defendant's residence is the residence on the | ||
defendant's voter registration certificate. If the defendant is not | ||
registered to vote, the defendant's residence is the residence on | ||
file with the public school district on which the defendant's | ||
enrollment is based. If the defendant is not enrolled in public | ||
school, the defendant's residence is determined [ |
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the court [ |
||
SECTION 1.004. The heading to Article 42A.403, Code of | ||
Criminal Procedure, is amended to read as follows: | ||
Art. 42A.403. EDUCATIONAL PROGRAM FOR CERTAIN INTOXICATION | ||
OFFENSES [ |
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SECTION 1.005. Article 42A.403(a), Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(a) A judge who places on community supervision a defendant | ||
convicted of an offense under Sections 49.04-49.08, Penal Code, | ||
shall require as a condition of community supervision that the | ||
defendant attend and successfully complete, before the 181st day | ||
after the date community supervision is granted, an educational | ||
program designed to rehabilitate persons who have driven while | ||
intoxicated that is regulated [ |
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[ |
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under Chapter 171, Government Code [ |
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[ |
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[ |
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[ |
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SECTION 1.006. The heading to Article 42A.404, Code of | ||
Criminal Procedure, is amended to read as follows: | ||
Art. 42A.404. EDUCATIONAL PROGRAM FOR CERTAIN REPEAT | ||
INTOXICATION OFFENSES [ |
||
SECTION 1.007. Article 42A.404(a), Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(a) The judge shall require a defendant who is punished | ||
under Section 49.09, Penal Code, to attend and successfully | ||
complete as a condition of community supervision an educational | ||
program for repeat offenders that is regulated [ |
||
Texas Department of Licensing and Regulation under Chapter 171, | ||
Government Code. | ||
SECTION 1.008. Article 42A.511(a), Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(a) If a judge grants community supervision to a defendant | ||
convicted of an offense under Section 42.09, 42.091, 42.092, or | ||
42.10, Penal Code, the judge may require the defendant to: | ||
(1) complete an online responsible pet owner | ||
educational program regulated [ |
||
the Texas Department of Licensing and Regulation under Chapter 171, | ||
Government Code; or | ||
(2) attend a responsible pet owner course sponsored by | ||
a municipal animal shelter, as defined by Section 823.001, Health | ||
and Safety Code, that: | ||
(A) receives federal, state, county, or | ||
municipal funds; and | ||
(B) serves the county in which the court is | ||
located. | ||
SECTION 1.009. Article 42A.514(a), Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(a) If a judge grants community supervision to a defendant | ||
younger than 18 years of age convicted of an alcohol-related | ||
offense under Section 106.02, 106.025, 106.04, 106.041, 106.05, or | ||
106.07, Alcoholic Beverage Code, or Section 49.02, Penal Code, or | ||
an offense involving possession of a controlled substance or | ||
marihuana under Section 481.115, 481.1151, 481.116, 481.1161, | ||
481.117, 481.118, or 481.121, Health and Safety Code, the judge may | ||
require the defendant as a condition of community supervision to | ||
attend, as appropriate: | ||
(1) an alcohol awareness program [ |
||
Section 106.115, Alcoholic Beverage Code, that is regulated by the | ||
Texas Department of Licensing and Regulation under Chapter 171, | ||
Government Code; or | ||
(2) a drug education program that is designed to | ||
educate persons on the dangers of drug abuse [ |
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|
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521.374(a)(1) [ |
||
regulated by the Texas Department of Licensing and Regulation under | ||
Chapter 171, Government Code. | ||
SECTION 1.010. Article 45.051(b), Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(b) During the deferral period, the judge may require the | ||
defendant to: | ||
(1) post a bond in the amount of the fine assessed to | ||
secure payment of the fine; | ||
(2) pay restitution to the victim of the offense in an | ||
amount not to exceed the fine assessed; | ||
(3) submit to professional counseling; | ||
(4) submit to diagnostic testing for alcohol or a | ||
controlled substance or drug; | ||
(5) submit to a psychosocial assessment; | ||
(6) participate in an alcohol or drug abuse treatment | ||
or education program, such as: | ||
(A) a drug education program that is designed to | ||
educate persons on the dangers of drug abuse [ |
||
|
||
521.374(a)(1) [ |
||
regulated by the Texas Department of Licensing and Regulation under | ||
Chapter 171, Government Code; or | ||
(B) an alcohol awareness program described by | ||
Section 106.115, Alcoholic Beverage Code, that is regulated by the | ||
Texas Department of Licensing and Regulation under Chapter 171, | ||
Government Code; | ||
(7) pay the costs of any diagnostic testing, | ||
psychosocial assessment, or participation in a treatment or | ||
education program either directly or through the court as court | ||
costs; | ||
(8) complete a driving safety course approved under | ||
Chapter 1001, Education Code, or another course as directed by the | ||
judge; | ||
(9) present to the court satisfactory evidence that | ||
the defendant has complied with each requirement imposed by the | ||
judge under this article; and | ||
(10) comply with any other reasonable condition. | ||
SECTION 1.011. Sections 53.03(h-1) and (h-2), Family Code, | ||
are amended to read as follows: | ||
(h-1) If the child is alleged to have engaged in delinquent | ||
conduct or conduct indicating a need for supervision that violates | ||
Section 481.115, 481.1151, 481.116, 481.1161, 481.117, 481.118, or | ||
481.121, Health and Safety Code, deferred prosecution under this | ||
section may include a condition that the child attend a drug | ||
education program that is designed to educate persons on the | ||
dangers of drug abuse [ |
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|
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[ |
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Department of Licensing and Regulation under Chapter 171, | ||
Government Code. | ||
(h-2) If the child is alleged to have engaged in delinquent | ||
conduct or conduct indicating a need for supervision that violates | ||
Section 106.02, 106.025, 106.04, 106.041, 106.05, or 106.07, | ||
Alcoholic Beverage Code, or Section 49.02, Penal Code, deferred | ||
prosecution under this section may include a condition that the | ||
child attend an alcohol awareness program described by Section | ||
106.115, Alcoholic Beverage Code, that is regulated by the Texas | ||
Department of Licensing and Regulation under Chapter 171, | ||
Government Code. | ||
SECTION 1.012. Sections 54.047(a) and (b), Family Code, are | ||
amended to read as follows: | ||
(a) If the court or jury finds at an adjudication hearing | ||
for a child that the child engaged in delinquent conduct or conduct | ||
indicating a need for supervision that constitutes a violation of | ||
Section 481.115, 481.1151, 481.116, 481.1161, 481.117, 481.118, or | ||
481.121, Health and Safety Code, the court may order that the child | ||
attend a drug education program that is designed to educate persons | ||
on the dangers of drug abuse [ |
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|
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[ |
||
Department of Licensing and Regulation under Chapter 171, | ||
Government Code. | ||
(b) If the court or jury finds at an adjudication hearing | ||
for a child that the child engaged in delinquent conduct or conduct | ||
indicating a need for supervision that violates the alcohol-related | ||
offenses in Section 106.02, 106.025, 106.04, 106.041, 106.05, or | ||
106.07, Alcoholic Beverage Code, or Section 49.02, Penal Code, the | ||
court may order that the child attend an alcohol awareness program | ||
described by Section 106.115, Alcoholic Beverage Code, that is | ||
regulated by the Texas Department of Licensing and Regulation under | ||
Chapter 171, Government Code. | ||
SECTION 1.013. Section 461A.052(a), Health and Safety Code, | ||
is amended to read as follows: | ||
(a) The department shall: | ||
(1) provide for research and study of the problems of | ||
chemical dependency in this state and seek to focus public | ||
attention on those problems through public information and | ||
education programs; | ||
(2) plan, develop, coordinate, evaluate, and | ||
implement constructive methods and programs for the prevention, | ||
intervention, treatment, and rehabilitation of chemical dependency | ||
in cooperation with federal and state agencies, local governments, | ||
organizations, and persons, and provide technical assistance, | ||
funds, and consultation services for statewide and community-based | ||
services; | ||
(3) cooperate with and enlist the assistance of: | ||
(A) other state, federal, and local agencies; | ||
(B) hospitals and clinics; | ||
(C) public health, welfare, and criminal justice | ||
system authorities; | ||
(D) educational and medical agencies and | ||
organizations; and | ||
(E) other related public and private groups and | ||
persons; | ||
(4) expand chemical dependency services for children | ||
when funds are available because of the long-term benefits of those | ||
services to this state and its citizens; | ||
(5) sponsor, promote, and conduct educational | ||
programs on the prevention and treatment of chemical dependency, | ||
and maintain a public information clearinghouse to purchase and | ||
provide books, literature, audiovisuals, and other educational | ||
material for the programs; | ||
(6) sponsor, promote, and conduct training programs | ||
for persons delivering prevention, intervention, treatment, and | ||
rehabilitation services and for persons in the criminal justice | ||
system or otherwise in a position to identify the service needs of | ||
persons with a chemical dependency and their families; | ||
(7) require programs rendering services to persons | ||
with a chemical dependency to safeguard those persons' legal rights | ||
of citizenship and maintain the confidentiality of client records | ||
as required by state and federal law; | ||
(8) maximize the use of available funds for direct | ||
services rather than administrative services; | ||
(9) consistently monitor the expenditure of funds and | ||
the provision of services by all grant and contract recipients to | ||
assure that the services are effective and properly staffed and | ||
meet the standards adopted under this chapter; | ||
(10) make the monitoring reports prepared under | ||
Subdivision (9) a matter of public record; | ||
(11) license treatment facilities under Chapter 464; | ||
(12) use funds appropriated to the department for | ||
purposes of providing chemical dependency services and related | ||
programs to carry out those purposes and maximize the overall state | ||
allotment of federal funds; | ||
(13) plan, develop, coordinate, evaluate, and | ||
implement constructive methods and programs to provide healthy | ||
alternatives for youth at risk of selling controlled substances; | ||
and | ||
(14) submit to the federal government reports and | ||
strategies necessary to comply with Section 1926 of the federal | ||
Alcohol, Drug Abuse, and Mental Health Administration | ||
Reorganization Act, Pub. L. No. 102-321 (42 U.S.C. Section | ||
300x-26), and coordinate the reports and strategies with | ||
appropriate state governmental entities[ |
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[ |
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SECTION 1.014. Section 521.374(a), Transportation Code, as | ||
amended by Chapters 838 (S.B. 202), 851 (S.B. 1070), and 1004 (H.B. | ||
642), Acts of the 84th Legislature, Regular Session, 2015, is | ||
reenacted and amended to read as follows: | ||
(a) A person whose license is suspended under Section | ||
521.372 may: | ||
(1) attend an educational program regulated[ |
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[ |
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Code [ |
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educate persons on the dangers of drug abuse; or | ||
(2) successfully complete education on the dangers of | ||
drug abuse approved by the Department of State Health Services as | ||
equivalent to the educational program described by Subdivision (1), | ||
while the person is a resident of a facility for the treatment of | ||
drug abuse or chemical dependency, including: | ||
(A) a substance abuse treatment facility or | ||
substance abuse felony punishment facility operated by the Texas | ||
Department of Criminal Justice under Section 493.009, Government | ||
Code; | ||
(B) a community corrections facility, as defined | ||
by Section 509.001, Government Code; or | ||
(C) a chemical dependency treatment facility | ||
licensed under Chapter 464, Health and Safety Code. | ||
SECTION 1.015. Section 521.375, Transportation Code, as | ||
amended by Chapters 838 (S.B. 202) and 851 (S.B. 1070), Acts of the | ||
84th Legislature, Regular Session, 2015, is reenacted and amended | ||
to read as follows: | ||
Sec. 521.375. JOINT ADOPTION OF RULES. (a) The executive | ||
commissioner of the Health and Human Services Commission and the | ||
department shall jointly adopt rules for the qualification and | ||
approval of[ |
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[ |
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[ |
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treatment facility described by Section 521.374(a)(2). | ||
(b) The Department of State Health Services shall publish | ||
the jointly adopted rules. | ||
SECTION 1.016. Section 521.376, Transportation Code, as | ||
amended by Chapters 838 (S.B. 202) and 851 (S.B. 1070), Acts of the | ||
84th Legislature, Regular Session, 2015, is reenacted and amended | ||
to read as follows: | ||
Sec. 521.376. DUTIES OF DEPARTMENT OF STATE HEALTH | ||
SERVICES[ |
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Health Services: | ||
(1) shall monitor, coordinate, and provide training | ||
to[ |
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[ |
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[ |
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by Section 521.374(a)(2) providing equivalent education; and | ||
(2) shall administer the approval of the [ |
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treatment facility[ |
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[ |
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[ |
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[ |
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SECTION 1.017. The following provisions are repealed: | ||
(1) Section 106.115(b), Alcoholic Beverage Code; | ||
(2) Article 42A.405, Code of Criminal Procedure; | ||
(3) Article 42A.511(b), Code of Criminal Procedure, as | ||
added by Chapter 1132 (H.B. 162), Acts of the 85th Legislature, | ||
Regular Session, 2017; and | ||
(4) Section 54.047(e), Family Code. | ||
SECTION 1.018. The enactment by this Act of Sections | ||
171.0151 and 171.0202, Government Code, and Subchapters I, J, and | ||
K, Chapter 171, Government Code, does not affect the validity of a | ||
court program or instructor license in effect on the effective date | ||
of this Act or the right of the license holder to continue to | ||
practice under that license until September 1, 2020. | ||
SECTION 1.019. As soon as practicable after the effective | ||
date of this Act, the Texas Commission of Licensing and Regulation, | ||
the Texas Department of Licensing and Regulation, and the executive | ||
director of the Texas Department of Licensing and Regulation, as | ||
appropriate, shall adopt rules and forms necessary to implement | ||
Chapter 171, Government Code, as added by this Act. | ||
ARTICLE 2. TEXAS DEPARTMENT OF LICENSING AND REGULATION | ||
SECTION 2.001. 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; | ||
(2) a fee for the issuance or renewal of a license; and | ||
(3) any continuing education required to renew a | ||
license. | ||
SECTION 2.002. 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. | ||
[ |
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ARTICLE 3. MIDWIVES | ||
SECTION 3.001. 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 [ |
||
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 3.002. Section 203.254, Occupations Code, is | ||
amended to read as follows: | ||
Sec. 203.254. BASIC MIDWIFERY EDUCATION. The commission | ||
shall establish requirements for basic midwifery education, | ||
including basic requirements for midwifery preceptors and | ||
students. | ||
SECTION 3.003. Section 203.152, Occupations Code, is | ||
repealed. | ||
SECTION 3.004. 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 4. NURSES | ||
SECTION 4.001. Subchapter F, Chapter 301, Occupations Code, | ||
is amended by adding Section 301.262 to read as follows: | ||
Sec. 301.262. EXPEDITED LICENSING PROCESS FOR OUT-OF-STATE | ||
ADVANCED PRACTICE REGISTERED NURSES. (a) The board by rule shall | ||
create an expedited licensing process for an applicant who holds a | ||
license or other authorization in good standing to practice nursing | ||
as an advanced practice registered nurse issued by another state. | ||
(b) The board may establish a fee in an amount sufficient to | ||
cover the cost of the expedited licensing process. | ||
(c) The 180-day deadline and extension provisions under | ||
Section 301.260(c) do not apply to the expedited licensing process | ||
required under this section. | ||
SECTION 4.002. The Texas Board of Nursing shall create and | ||
implement the expedited licensing process under Section 301.262, | ||
Occupations Code, as added by this article, not later than January | ||
1, 2020. | ||
ARTICLE 5. MASSAGE THERAPISTS, BARBERS, AND COSMETOLOGISTS | ||
SECTION 5.001. Section 455.151, Occupations Code, is | ||
amended by adding Subsection (e) to read as follows: | ||
(e) Notwithstanding Subsections (a) and (b), a person may | ||
act as, or represent that the person is, a massage establishment if | ||
the person holds a license under Chapter 1604. | ||
SECTION 5.002. Section 1601.453, Occupations Code, is | ||
amended to read as follows: | ||
Sec. 1601.453. LOCATION OF PRACTICE. A person licensed by | ||
the department may practice barbering only at a location for which | ||
the department has issued a barbershop permit, specialty shop | ||
permit, or barber school permit under this chapter, [ |
||
issued under Chapter 1603, or a license issued under Chapter 1604. | ||
SECTION 5.003. Section 1601.455(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) In this section, "licensed facility" means the premises | ||
of a place of business that holds a license, certificate, or permit | ||
under this chapter, [ |
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SECTION 5.004. Section 1603.102, Occupations Code, is | ||
amended to read as follows: | ||
Sec. 1603.102. SANITATION RULES. (a) The commission shall | ||
establish sanitation rules to prevent the spread of an infectious | ||
or contagious disease. | ||
(b) Rules adopted under this section applicable to an | ||
individual or facility regulated under Chapter 1602 must be | ||
consistent with the standards and terminology related to safety and | ||
sanitation that are commonly used in the cosmetology industry. | ||
SECTION 5.005. 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 [ |
||
least once every four [ |
||
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 [ |
||
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 5.006. Title 9, Occupations Code, is amended by | ||
adding Chapter 1604 to read as follows: | ||
CHAPTER 1604. REGULATION OF BARBERING AND MASSAGE THERAPY | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 1604.001. GENERAL DEFINITIONS. (a) In this chapter: | ||
(1) "Commission" means the Texas Commission of | ||
Licensing and Regulation. | ||
(2) "Department" means the Texas Department of | ||
Licensing and Regulation. | ||
(3) "Dual shop" means a dual barber and beauty shop | ||
licensed under Chapter 1603. | ||
(4) "Executive director" means the executive director | ||
of the department. | ||
(b) Unless the context clearly indicates otherwise, the | ||
definitions in Chapters 455, 1601, 1602, and 1603 apply to this | ||
chapter. | ||
Sec. 1604.002. REGULATION BY DEPARTMENT. The department | ||
shall administer this chapter. A reference in this chapter to the | ||
commission's, executive director's, or department's powers or | ||
duties does not limit the executive director's, department's, or | ||
commission's general powers under Chapter 51. | ||
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS | ||
Sec. 1604.051. ADVISORY BOARDS. The advisory boards | ||
established under Chapters 455, 1601, and 1602 shall advise the | ||
commission on administering this chapter. | ||
Sec. 1604.052. RULES. The commission shall adopt rules for | ||
the administration of this chapter. | ||
SUBCHAPTER C. LICENSE REQUIREMENTS | ||
Sec. 1604.101. BARBERSHOP AND MASSAGE ESTABLISHMENT | ||
LICENSE. (a) The department may issue a barbershop and massage | ||
establishment license. | ||
(b) A person holding a barbershop and massage establishment | ||
license may own, operate, or manage a shop or establishment in which | ||
any practice of barbering defined by Section 1601.002 or massage | ||
therapy or other massage services as defined by Section 455.001 is | ||
performed. | ||
(c) The department shall issue a barbershop and massage | ||
establishment license to an applicant that: | ||
(1) meets the requirements of: | ||
(A) this chapter; | ||
(B) Chapter 455 for obtaining a massage | ||
establishment license; and | ||
(C) Chapter 1601 for obtaining a barbershop | ||
permit; | ||
(2) submits an application on a form prescribed by the | ||
department; and | ||
(3) pays the required fees. | ||
(d) The holder of a barbershop and massage establishment | ||
license must comply with this chapter, Chapters 455, 1601, and | ||
1603, and commission rules related to barbering and massage | ||
therapy. | ||
Sec. 1604.102. DUAL SHOP AND MASSAGE ESTABLISHMENT LICENSE. | ||
(a) The department may issue a dual shop and massage establishment | ||
license. | ||
(b) A person holding a dual shop and massage establishment | ||
license may own, operate, or manage a shop or establishment in which | ||
any practice of barbering defined by Section 1601.002, cosmetology | ||
defined by Section 1602.002(a), or massage therapy or other massage | ||
services as defined by Section 455.001 are performed. | ||
(c) The department shall issue a dual shop and massage | ||
establishment license to an applicant that: | ||
(1) meets the requirements of: | ||
(A) this chapter; | ||
(B) Chapter 455 for obtaining a massage | ||
establishment license; and | ||
(C) Chapter 1603 for obtaining a dual shop | ||
license; | ||
(2) submits an application on a form prescribed by the | ||
department; and | ||
(3) pays the required fees. | ||
(d) The holder of a dual shop and massage establishment | ||
license must comply with this chapter, Chapters 455, 1601, 1602, | ||
and 1603, and commission rules related to barbering, cosmetology, | ||
and massage therapy. | ||
SECTION 5.007. Not later than June 1, 2020, the Texas | ||
Commission of Licensing and Regulation shall adopt rules as | ||
necessary to implement Chapter 1604, Occupations Code, as added by | ||
this Act. | ||
ARTICLE 6. USED AUTOMOTIVE PARTS RECYCLERS | ||
SECTION 6.001. 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 [ |
||
ARTICLE 7. LICENSED GENETIC COUNSELORS | ||
SECTION 7.001. Section 51.2031(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) This section applies only to the regulation of the | ||
following professions by the department: | ||
(1) athletic trainers; | ||
(2) behavior analysts; | ||
(3) dietitians; | ||
(4) genetic counselors; | ||
(5) hearing instrument fitters and dispensers; | ||
(6) [ |
||
(7) [ |
||
(8) [ |
||
audiologists. | ||
SECTION 7.002. Subtitle I, Title 3, Occupations Code, is | ||
amended by adding Chapter 508 to read as follows: | ||
CHAPTER 508. LICENSED GENETIC COUNSELORS | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 508.001. SHORT TITLE. This chapter may be cited as the | ||
Licensed Genetic Counselor Act. | ||
Sec. 508.002. DEFINITIONS. In this chapter: | ||
(1) "Advisory board" means the Licensed Genetic | ||
Counselor Advisory Board. | ||
(2) "Certifying entity" means the American Board of | ||
Medical Genetics and Genomics, the American Board of Genetic | ||
Counseling, or another entity that is nationally accredited to | ||
issue credentials in the practice of genetic counseling and is | ||
approved by the department. | ||
(3) "Commission" means the Texas Commission of | ||
Licensing and Regulation. | ||
(4) "Department" means the Texas Department of | ||
Licensing and Regulation. | ||
(5) "Executive director" means the executive director | ||
of the department. | ||
(6) "Licensed genetic counselor" means a person | ||
licensed under this chapter to engage in the practice of genetic | ||
counseling. | ||
Sec. 508.003. PRACTICE OF GENETIC COUNSELING. (a) In this | ||
chapter, "practice of genetic counseling" means providing | ||
professional services described by Subsection (b) for compensation | ||
to communicate genetic information to an individual, family, group, | ||
or other entity: | ||
(1) on the documented referral by: | ||
(A) a physician licensed in this state; | ||
(B) a physician assistant licensed in this state; | ||
(C) an advanced practice registered nurse | ||
licensed in this state; or | ||
(D) a person acting under authority delegated | ||
under Subchapter A, Chapter 157; or | ||
(2) by a patient's self-referral. | ||
(b) The practice of genetic counseling: | ||
(1) consists of: | ||
(A) obtaining and evaluating individual, family, | ||
and medical histories to determine the risk for a genetic or medical | ||
condition or disease in a patient, the patient's offspring, or | ||
other family members of the patient; | ||
(B) discussing the features, natural history, | ||
means of diagnosis, genetic and environmental factors, and | ||
management of risk for a genetic or medical condition or disease; | ||
(C) identifying, coordinating, ordering, and | ||
explaining the results of genetic laboratory tests and other | ||
diagnostic studies as appropriate for genetic assessment; | ||
(D) integrating the results of laboratory tests | ||
and other diagnostic studies with medical histories to assess and | ||
communicate risk factors for a genetic or medical condition or | ||
disease; | ||
(E) evaluating a patient's or family member's | ||
response to a genetic or medical condition or disease, including | ||
the risk of recurrence, and providing patient-centered counseling | ||
and anticipatory guidance; | ||
(F) identifying and using community resources | ||
that provide medical, educational, financial, and psychosocial | ||
support and advocacy; and | ||
(G) providing written documentation of medical, | ||
genetic, and counseling information for a patient's family members | ||
and health care providers; and | ||
(2) does not include the diagnosis of disorders. | ||
Sec. 508.004. PRACTICE OF MEDICINE NOT AUTHORIZED. This | ||
chapter does not authorize the practice of medicine as defined by | ||
the law of this state. | ||
Sec. 508.005. APPLICABILITY; EXEMPTIONS. (a) This chapter | ||
does not apply to a physician licensed to practice medicine in this | ||
state unless the physician is a licensed genetic counselor. | ||
(b) A person may engage in the practice of genetic | ||
counseling without holding a license under this chapter if the | ||
person: | ||
(1) is licensed, certified, or registered to practice | ||
in this state in a health care-related occupation and: | ||
(A) acts within the occupation's scope of | ||
practice; and | ||
(B) does not use the title "genetic counselor" or | ||
represent or imply the person is licensed as a genetic counselor | ||
under this chapter; | ||
(2) is a student or intern: | ||
(A) pursuing a course of study or engaged in a | ||
training program for an occupation regulated by this state and | ||
acting within the occupation's scope of practice; or | ||
(B) enrolled in a graduate-level supervised | ||
genetic counseling training program approved or accepted by the | ||
department and engaged in an activity constituting the practice of | ||
genetic counseling as a required part of the training program; or | ||
(3) is a genetic counselor who: | ||
(A) is certified by a certifying entity; | ||
(B) is not a resident of this state; | ||
(C) performs an activity or provides a service in | ||
this state for not more than 30 days during any year; and | ||
(D) meets any other requirement established by | ||
commission rule. | ||
(c) A student or intern described by Subsection (b)(2) | ||
includes a person who: | ||
(1) is trained as: | ||
(A) a genetic counselor and has applied to take | ||
the certification examination; or | ||
(B) a doctoral medical geneticist and has applied | ||
to take the certification examination; and | ||
(2) has not failed the certification examination more | ||
than twice. | ||
SUBCHAPTER B. LICENSED GENETIC COUNSELOR ADVISORY BOARD | ||
Sec. 508.051. LICENSED GENETIC COUNSELOR ADVISORY BOARD. | ||
(a) The advisory board consists of nine members appointed by the | ||
presiding officer of the commission with the approval of the | ||
commission, as follows: | ||
(1) six licensed genetic counselors, each of whom has | ||
at least two years of experience practicing genetic counseling as a | ||
genetic counselor and is: | ||
(A) licensed under this chapter; or | ||
(B) certified by a certifying entity; | ||
(2) one physician who has experience with genetic | ||
counseling; and | ||
(3) two members who represent the public. | ||
(b) Appointments to the advisory board shall be made without | ||
regard to the race, color, disability, sex, religion, age, or | ||
national origin of the appointee. | ||
Sec. 508.052. DUTIES OF ADVISORY BOARD. The advisory board | ||
shall provide advice and recommendations to the department on | ||
technical matters relevant to the administration of this chapter. | ||
Sec. 508.053. TERMS; VACANCY. (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. | ||
(b) A member of the advisory board may not serve more than | ||
two consecutive six-year terms. | ||
(c) If a vacancy occurs during a term of a member of the | ||
advisory board, the presiding officer of the commission, with the | ||
commission's approval, shall appoint a replacement who meets the | ||
qualifications for the vacant position to serve for the remainder | ||
of the term. | ||
Sec. 508.054. 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. The presiding officer of the advisory board may vote on | ||
any matter before the advisory board. | ||
Sec. 508.055. MEETINGS. The advisory board shall meet as | ||
requested by the presiding officer of the commission or the | ||
executive director. | ||
Sec. 508.056. GROUNDS FOR REMOVAL. A member of the advisory | ||
board may be removed as provided by Section 51.209. | ||
Sec. 508.057. COMPENSATION; REIMBURSEMENT. (a) A member | ||
of the advisory board may not receive compensation for service on | ||
the advisory board. | ||
(b) A member of the advisory board is entitled to | ||
reimbursement for actual and necessary expenses incurred in | ||
performing functions as a member of the advisory board, subject to | ||
any applicable limitation on reimbursement provided by the General | ||
Appropriations Act. | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 508.101. GENERAL POWERS AND DUTIES. (a) The | ||
commission shall adopt rules consistent with this chapter for the | ||
administration and enforcement of this chapter. | ||
(b) The department shall: | ||
(1) administer and enforce this chapter; | ||
(2) evaluate the qualifications of license | ||
applicants; | ||
(3) provide for the examination of license applicants; | ||
(4) issue licenses; | ||
(5) in connection with a hearing under this chapter, | ||
issue subpoenas, examine witnesses, and administer oaths under the | ||
laws of this state; and | ||
(6) investigate persons engaging in practices that | ||
violate this chapter. | ||
Sec. 508.102. CONFIDENTIALITY OF COMPLAINT AND | ||
DISCIPLINARY INFORMATION. (a) Except as provided by Subsection | ||
(b), all information and materials subpoenaed or compiled by the | ||
department in connection with a complaint and investigation are | ||
confidential and not subject to disclosure under Chapter 552, | ||
Government Code, and not subject to disclosure, discovery, | ||
subpoena, or other means of legal compulsion for their release to | ||
anyone other than the department or its employees or agents | ||
involved in discipline of a license holder. | ||
(b) Information described by Subsection (a) may be | ||
disclosed in accordance with Chapter 51 to: | ||
(1) persons involved with the department in a | ||
disciplinary action against a license holder; | ||
(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 genetic counselor licensing or | ||
disciplinary board in another jurisdiction; | ||
(5) peer assistance programs approved by the | ||
commission under Chapter 467, Health and Safety Code; | ||
(6) law enforcement agencies; and | ||
(7) persons engaged in bona fide research, if all | ||
individual-identifying information has been deleted. | ||
(c) As provided by Chapter 51, notices of alleged violations | ||
issued by 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. | ||
(d) Notwithstanding any other law, the requirements of | ||
Chapter 51 related to the confidentiality of complaint and | ||
investigation information for a health-related program are | ||
applicable to complaint and investigation information under this | ||
chapter. | ||
Sec. 508.103. STANDARDS OF ETHICAL PRACTICE. The | ||
commission shall adopt rules under this chapter that establish | ||
standards of ethical practice. | ||
Sec. 508.104. ASSISTANCE FILING COMPLAINT. The department, | ||
in accordance with Section 51.252, shall provide reasonable | ||
assistance to a person who wishes to file a complaint with the | ||
department regarding a person or activity regulated under this | ||
chapter. | ||
Sec. 508.105. FEES. The commission by rule shall set fees | ||
in amounts reasonable and necessary to cover the costs of | ||
administering this chapter. | ||
SUBCHAPTER D. LICENSING REQUIREMENTS | ||
Sec. 508.151. LICENSE REQUIRED. (a) Except as provided by | ||
Section 508.005, a person may not act as a genetic counselor or | ||
engage in the practice of genetic counseling in this state unless | ||
the person holds a license under this chapter. | ||
(b) Except as provided by Section 508.005, unless a person | ||
holds a license under this chapter, the person may not: | ||
(1) use the title or represent or imply that the person | ||
has the title "genetic counselor," "certified genetic counselor," | ||
"licensed genetic counselor," "gene counselor," "genetic | ||
consultant," or "genetic associate"; or | ||
(2) use any other word, abbreviation, or insignia | ||
indicating or implying that the person is a licensed genetic | ||
counselor. | ||
(c) This chapter may not be construed to prohibit a | ||
physician or an employee or other person acting under a physician's | ||
delegated authority from representing to a patient or the public | ||
that the physician, employee, or person provides genetic | ||
counseling. | ||
Sec. 508.152. LICENSE APPLICATION. An applicant for a | ||
license must: | ||
(1) submit an application in the manner and on a form | ||
prescribed by the department; | ||
(2) successfully complete a state-approved criminal | ||
background check; and | ||
(3) pay the application fee set by the commission. | ||
Sec. 508.153. LICENSE ELIGIBILITY. To be eligible for a | ||
genetic counselor license, a license applicant must present | ||
evidence to the department that the applicant: | ||
(1) has passed an examination by a certifying entity | ||
or an equivalent examination in genetic counseling approved by the | ||
department; | ||
(2) is currently certified by a certifying entity in | ||
genetic counseling or medical genetics; | ||
(3) has met the educational requirements of a | ||
certifying entity, which must include a master's degree in genetic | ||
counseling or medical genetics or an equivalent educational | ||
standard adopted by the certifying entity; | ||
(4) is in compliance with all professional, ethical, | ||
and disciplinary standards established by the certifying entity; | ||
and | ||
(5) is not subject to any disciplinary action by the | ||
certifying entity. | ||
Sec. 508.154. ISSUANCE OF LICENSE. The department shall | ||
issue a genetic counselor license to an applicant who: | ||
(1) complies with the requirements of this chapter; | ||
(2) meets any additional requirements the commission | ||
establishes by rule; and | ||
(3) pays the required fees. | ||
Sec. 508.155. TERM. A license issued under this chapter | ||
expires on the second anniversary of the date of issuance. | ||
Sec. 508.156. RENEWAL. Before the expiration of a license, | ||
a license may be renewed by: | ||
(1) submitting an application for renewal; | ||
(2) paying the renewal fee imposed by the commission; | ||
and | ||
(3) providing verification to the department of | ||
continued certification by a certifying entity, which signifies | ||
that the applicant for renewal has met any continuing education | ||
requirements established by the certifying entity. | ||
SUBCHAPTER E. DISCIPLINARY PROCEDURES | ||
Sec. 508.201. GROUNDS FOR DISCIPLINARY ACTION. In | ||
accordance with Section 51.353, the commission or executive | ||
director may deny, revoke, or suspend a license, refuse to renew a | ||
license, place on probation a person whose license has been | ||
suspended, or reprimand a license holder for a violation of this | ||
chapter, a rule adopted under this chapter, or an order of the | ||
commission or executive director. | ||
SUBCHAPTER F. ENFORCEMENT PROCEDURES | ||
Sec. 508.251. ENFORCEMENT PROCEEDINGS. The commission, | ||
department, or executive director may enforce this chapter, a rule | ||
adopted under this chapter, or an order of the commission or | ||
executive director as provided by Subchapters F and G, Chapter 51. | ||
SECTION 7.003. (a) As soon as practicable after the | ||
effective date of this Act, the presiding officer of the Texas | ||
Commission of Licensing and Regulation shall appoint nine members | ||
to the Licensed Genetic Counselor Advisory Board in accordance with | ||
Chapter 508, Occupations Code, as added by this Act. In making the | ||
initial appointments, the presiding officer of the commission shall | ||
designate three members for terms expiring February 1, 2021, three | ||
members for terms expiring February 1, 2023, and three members for | ||
terms expiring February 1, 2025. | ||
(b) Notwithstanding Section 508.051, Occupations Code, as | ||
added by this Act, a person who meets the requirements of Section | ||
508.153, Occupations Code, as added by this Act, may be appointed as | ||
an initial licensed genetic counselor member of the Licensed | ||
Genetic Counselor Advisory Board, regardless of whether the person | ||
holds a license issued under Chapter 508, Occupations Code, as | ||
added by this Act. | ||
SECTION 7.004. Not later than May 1, 2020, the Texas | ||
Commission of Licensing and Regulation shall adopt the rules, | ||
procedures, and fees necessary to administer Chapter 508, | ||
Occupations Code, as added by this Act. | ||
SECTION 7 | ||
.005. Notwithstanding Chapter 508, Occupations | ||
Code, as added by this Act, a person is not required to hold a | ||
license under that chapter to practice as a licensed genetic | ||
counselor in this state before September 1, 2020. | ||
ARTICLE 8. EFFECTIVE DATE | ||
SECTION 8.001. (a) Except as provided by Subsection (b) of | ||
this section, this Act takes effect September 1, 2019. | ||
(b) The following provisions, as added by this Act, take | ||
effect September 1, 2020: | ||
(1) Sections 171.0151 and 171.0202, Government Code; | ||
(2) Subchapters I, J, and K, Chapter 171, Government | ||
Code; | ||
(3) Section 508.151, Occupations Code; and | ||
(4) Subchapter F, Chapter 508, Occupations Code. |