Bill Text: TX HB2667 | 2019-2020 | 86th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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86R5326 SOS/KKR-D
By: Guillen H.B. No. 2667

A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of certain occupations and
activities; authorizing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. DRIVER EDUCATION
SECTION 1.001. Section 1001.001(7), Education Code, is
amended to read as follows:
(7) "Driver education school" means an enterprise
that:
(A) maintains a place of business or solicits
business in this state; and
(B) is operated by an individual, association,
partnership, or corporation for educating and training persons [at
a primary or branch location] in driver education or driver
education instructor development.
SECTION 1.002. Section 1001.151(e), Education Code, is
amended to read as follows:
(e) The commission may establish a fee for an application
for approval to offer a driver education course [by an alternative
method of instruction under Section 1001.3541].
SECTION 1.003. Section 1001.204(b), Education Code, is
amended to read as follows:
(b) The department shall approve an application for a driver
education school license if the application is submitted on a form
approved by the department [executive director], the application is
accompanied by [includes] the fee, and the department determines
[on inspection of the premises of the school, it is determined] that
the school:
(1) has courses, curricula, and instruction of a
quality, content, and length that reasonably and adequately achieve
the stated objective for which the courses, curricula, and
instruction are offered;
(2) has adequate space, equipment, instructional
material, and instructors to provide training of good quality in
the classroom and behind the wheel, if applicable;
(3) has instructors who have adequate educational
qualifications and experience;
(4) provides to each student before enrollment:
(A) a copy of:
(i) the refund policy;
(ii) the schedule of tuition, fees, and
other charges; and
(iii) the regulations relating to absence,
grading policy, and rules of operation and conduct; and
(B) the department's name, mailing address,
telephone number, and Internet website address for the purpose of
directing complaints to the department;
(5) maintains adequate records as prescribed by the
department to show attendance and progress or grades and enforces
satisfactory standards relating to attendance, progress, and
conduct;
(6) on completion of training, issues each student a
certificate indicating the course name and satisfactory
completion;
(7) complies with all county, municipal, state, and
federal regulations, including fire, building, and sanitation
codes and assumed name registration, if applicable;
(8) is financially sound and capable of fulfilling its
commitments for training;
(9) maintains and publishes as part of its student
enrollment contract the proper policy for the refund of the unused
portion of tuition, fees, and other charges if a student fails to
take the course or withdraws or is discontinued from the school at
any time before completion;
(10) does not use erroneous or misleading advertising,
either by actual statement, omission, or intimation, as determined
by the department;
(11) does not use a name similar to the name of another
existing school or tax-supported educational institution in this
state, unless specifically approved in writing by the executive
director;
(12) submits to the department for approval the
applicable course hour lengths and curriculum content for each
course offered by the school;
(13) does not owe an administrative penalty for a
violation of this chapter; [and]
(14) meets any additional criteria required by the
department, including any applicable inspection requirements; and
(15) provides adequate testing and security measures
for the school's method of instruction.
SECTION 1.004. Subchapter F, Chapter 1001, Education Code,
is amended by adding Sections 1001.2531, 1001.2532, 1001.2533,
1001.2534, and 1001.2535 to read as follows:
Sec. 1001.2531. DRIVER EDUCATION INSTRUCTOR REQUIREMENTS.
(a) The commission by rule shall establish standards for a driver
education instructor to be certified as a teaching assistant,
driver education teacher, or supervising teacher.
(b) An applicant for a driver education instructor license
under this section must:
(1) apply to the department on a form prescribed by the
department and under rules adopted by the commission;
(2) submit with the application a nonrefundable
application fee in an amount set by commission rule; and
(3) present satisfactory evidence to the department
that the applicant:
(A) is at least 21 years of age;
(B) holds a high school diploma or high school
equivalency certificate; and
(C) meets any other requirement established by
commission rule.
Sec. 1001.2532. TEACHING ASSISTANT. (a) A teaching
assistant is a driver education instructor who is authorized to
teach or provide only behind-the-wheel training.
(b) To be eligible to be certified as a teaching assistant,
a driver education instructor must:
(1) have successfully completed:
(A) six semester hours of driver and traffic
safety education from an accredited college or university; or
(B) a teaching assistant development course
approved by the department; and
(2) pass any required examination.
Sec. 1001.2533. DRIVER EDUCATION TEACHER. (a) A driver
education teacher is a driver education instructor who is
authorized to teach or provide behind-the-wheel training and
classroom training.
(b) To be eligible to be certified as a driver education
teacher, a driver education instructor must:
(1) have successfully completed:
(A) nine semester hours of driver and traffic
safety education from an accredited college or university; or
(B) a driver education teacher development
course approved by the department;
(2) pass any required examination; and
(3) comply with the additional requirements under
Section 1001.2535.
Sec. 1001.2534. SUPERVISING TEACHER. (a) A supervising
teacher is a driver education instructor who is authorized to teach
instructor training classes.
(b) To be eligible to be certified as a supervising teacher,
a driver education instructor must:
(1) have been certified as a driver education teacher
for at least one year; and
(2) have successfully completed:
(A) 15 semester hours of driver and traffic
safety education from an accredited college or university; or
(B) a supervising teacher development course
approved by the department; and
(3) comply with the additional requirements under
Section 1001.2535.
Sec. 1001.2535. ADDITIONAL REQUIREMENTS FOR DRIVER
EDUCATION TEACHER AND SUPERVISING TEACHER. (a) In addition to the
requirements under Section 1001.2533 or 1001.2534, as applicable,
to be eligible to be certified as a driver education teacher or
supervising teacher, a driver education instructor must:
(1) hold a teaching certificate and any additional
certification required by commission rule to teach driver
education;
(2) have completed 15 semester hours in education
courses at an accredited college or university during the 10 years
before the application date; or
(3) have obtained an associate or baccalaureate degree
in education from an accredited college or university.
(b) The commission, department, or executive director may
adopt an alternative method to determine or verify an instructor's
eligibility under Subsection (a).
SECTION 1.005. Subchapter H, Chapter 1001, Education Code,
is amended by adding Section 1001.3542 to read as follows:
Sec. 1001.3542. METHOD OF INSTRUCTION FOR DRIVER EDUCATION
COURSE. A driver education school may teach a driver education
course by any method approved by the department, including an
alternative method under Section 1001.3541 or a traditional method
under Subchapter C.
SECTION 1.006. The following provisions of the Education
Code are repealed:
(1) Sections 1001.253, 1001.254, and 1001.256; and
(2) Section 1001.3541(b).
SECTION 1.007. (a) As soon as practicable after the
effective date of this Act, the Texas Commission of Licensing and
Regulation shall adopt rules to implement Section 1001.204(b),
Education Code, as amended by this article, and Section 1001.2531,
Education Code, as added by this article.
(b) A driver education instructor license issued under
Section 1001.253, Education Code, before the repeal of that section
by this article, continues to be valid until the license expires,
and former Section 1001.253, Education Code, is continued in effect
for that purpose.
(c) A person who holds on the effective date of this Act a
driver education instructor license described by former Section
1001.253(b), Education Code, is entitled on expiration of that
license to issuance of a driver education instructor license
certified as a teaching assistant under Section 1001.2532,
Education Code, as added by this article, if the person otherwise
meets the requirements for renewal of a driver education instructor
license certified as a teaching assistant.
(d) A person who holds on the effective date of this Act a
driver education instructor license described by former Section
1001.253(c), Education Code, is entitled on expiration of that
license to issuance of a driver education instructor license
certified as a driver education teacher under Section 1001.2533,
Education Code, as added by this article, if the person otherwise
meets the requirements for renewal of a driver education instructor
license certified as a driver education teacher.
(e) A person who holds on the effective date of this Act a
driver education instructor license described by former Section
1001.253(e), Education Code, is entitled on expiration of that
license to issuance of a driver education instructor license
certified as a supervising teacher under Section 1001.2534,
Education Code, as added by this article, if the person otherwise
meets the requirements for renewal of a driver education instructor
license certified as a supervising teacher.
(f) The changes in law made by this article do not affect the
validity of a disciplinary action or other proceeding that was
initiated before the effective date of this Act and that is pending
before a court or other governmental entity on the effective date of
this Act.
(g) Sections 1001.2531, 1001.2532, 1001.2533, 1001.2534,
and 1001.2535, Education Code, as added by this article, apply only
to an application for, or renewal of, an instructor license
submitted to the Texas Department of Licensing and Regulation on or
after the effective date of this Act. An application submitted
before that date is governed by the law in effect when the
application was submitted, and the former law is continued in
effect for that purpose.
ARTICLE 2. TEXAS DEPARTMENT OF LICENSING AND REGULATION
SECTION 2.001. Section 51.401, Occupations Code, is amended
by amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) Notwithstanding any other law, a license issued by the
department is valid for two years from the date of issuance.
(a-1) A person who is otherwise eligible to renew a license
may renew an unexpired license by paying the required renewal fee to
the department before the expiration date of the license. A person
whose license has expired may not engage in activities that require
a license until the license has been renewed.
SECTION 2.002. As soon as practicable after the effective
date of this Act, the Texas Commission of Licensing and Regulation
shall adopt rules necessary to implement Section 51.401,
Occupations Code, as amended by this article.
SECTION 2.003. Section 51.401, Occupations Code, as amended
by this article, applies only to a license issued or renewed by the
Texas Department of Licensing and Regulation on or after January 1,
2020. A license issued or renewed by the department before that
date is governed by the law in effect immediately before the
effective date of this Act, and the former law is continued in
effect for that purpose.
ARTICLE 3. MASSAGE THERAPY, BARBERING, AND COSMETOLOGY
SECTION 3.001. 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 dual beauty shop and massage establishment
license issued under Section 1602.307.
SECTION 3.002. Subchapter G, Chapter 1602, Occupations
Code, is amended by adding Section 1602.307 to read as follows:
Sec. 1602.307. DUAL BEAUTY SHOP AND MASSAGE ESTABLISHMENT
LICENSE. (a) A person holding a dual beauty shop and massage
establishment license may own, operate, or manage an establishment
in which any practice of cosmetology defined by Section 1602.002(a)
or any massage therapy or other massage services as defined by
Section 455.001 are performed.
(b) An applicant for a dual beauty shop and massage
establishment license must submit:
(1) an application on a department-approved form that
is verified by the applicant;
(2) proof that the applicant meets the applicable
requirements under this chapter and Chapter 1603 for obtaining a
beauty shop license and the requirements under Chapter 455 for
obtaining a massage establishment license; and
(3) the required license fee.
(c) The department shall issue a dual beauty shop and
massage establishment license to an applicant who:
(1) meets the requirements under this chapter, Chapter
1603, and Chapter 455;
(2) complies with commission rules; and
(3) pays the required fees.
(d) The holder of a dual beauty shop and massage
establishment license shall comply with this chapter, Chapters 1603
and 455, and commission rules related to cosmetology and massage
therapy.
SECTION 3.003. Section 1603.256(c), Occupations Code, is
amended to read as follows:
(c) The following persons may administer a practical
examination required under this subchapter:
(1) the department; [or]
(2) a person with whom the department contracts under
Section 1603.252; or
(3) a school licensed or permitted under this chapter,
Chapter 1601, or Chapter 1602.
SECTION 3.004. As soon as practicable after the effective
date of this Act, the Texas Commission of Licensing and Regulation
shall adopt rules necessary to implement Section 1602.307,
Occupations Code, as added by this article.
ARTICLE 4. ORTHOTIC AND PROSTHETIC TECHNICIANS
SECTION 4.001. The following provisions of the Occupations
Code are repealed:
(1) Sections 605.002(19), (20), and (21); and
(2) Section 605.259.
SECTION 4.002. (a) On the effective date of this Act, a
registered orthotic technician or registered prosthetic technician
certificate issued under former Section 605.259, Occupations Code,
expires.
(b) As soon as practicable after the effective date of this
Act, the Texas Commission of Licensing and Regulation shall repeal
all rules regarding the regulation of orthotic and prosthetic
technicians adopted under Chapter 605, Occupations Code.
SECTION 4.003. The change in law made by this article does
not affect the validity of a proceeding pending before a court or
other governmental entity on the effective date of this Act.
ARTICLE 5. MOLD
SECTION 5.001. Section 544.303, Insurance Code, is amended
to read as follows:
Sec. 544.303. PROHIBITION OF CERTAIN UNDERWRITING
DECISIONS BASED ON PREVIOUS MOLD CLAIM OR DAMAGE. An insurer may
not make an underwriting decision regarding a residential property
insurance policy based on previous mold damage or a claim for mold
damage if:
(1) the applicant for insurance coverage has property
eligible for coverage under a residential property policy;
(2) the property has had mold damage;
(3) mold remediation has been performed on the
property; and
(4) the property was [:
[(A) remediated, as evidenced by a certificate of
mold remediation issued to the property owner under Section
1958.154, Occupations Code, that establishes with reasonable
certainty that the underlying cause of the mold at the property has
been remediated; or
[(B)] inspected and certified by an independent
assessor, adjuster, or person or entity experienced in the
remediation of mold damage, as prescribed by the department, [or
adjustor] who determined, based on the inspection, that the
property does not contain evidence of mold damage.
SECTION 5.002. Chapter 1958, Occupations Code, is repealed.
SECTION 5.003. (a) On the effective date of this Act:
(1) a license or registration issued under former
Chapter 1958, Occupations Code, expires; and
(2) an action, including a complaint investigation,
disciplinary action, or administrative penalty proceeding pending
before the Texas Department of Licensing and Regulation relating to
an alleged violation of former Chapter 1958, Occupations Code, is
dismissed.
(b) As soon as practicable after the effective date of this
Act, the Texas Commission of Licensing and Regulation shall repeal
all rules regarding the regulation of mold assessors and
remediators adopted under former Chapter 1958, Occupations Code.
(c) An administrative penalty assessed by the Texas
Commission of Licensing and Regulation or the executive director of
the Texas Department of Licensing and Regulation related to a
violation of former Chapter 1958, Occupations Code, before the
effective date of this Act, may be collected as provided by Chapter
51, Occupations Code.
(d) A mold remediation initiated before the effective date
of this Act is governed by former Section 1958.154, Occupations
Code, as that section existed immediately before the effective date
of this Act, and the former law is continued in effect for that
purpose. A person who held on the effective date of this Act a mold
assessment or mold remediation license under former Chapter 1958,
Occupations Code, may sign and provide a certificate of mold
remediation after the effective date of this Act for a mold
remediation initiated before the effective date of this Act.
(e) The change in law made by this article applies only to a
contract entered into or renewed on or after the effective date of
this Act. A contract entered into or renewed before the effective
date of this Act is governed by the law in effect immediately before
the effective date of this Act, and that law is continued in effect
for that purpose.
(f) As soon as practicable after the effective date of this
Act, the commissioner of insurance shall adopt rules required by
Section 544.303, Insurance Code, as amended by this article.
ARTICLE 6. EFFECTIVE DATE
SECTION 6.001. This Act takes effect September 1, 2019.