Bill Text: TX SB1531 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the eligibility for certain occupational licenses and the use of a person's criminal history as grounds for certain actions related to the license.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2019-06-02 - Effective on 9/1/19 [SB1531 Detail]
Download: Texas-2019-SB1531-Enrolled.html
S.B. No. 1531 |
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relating to the eligibility for certain occupational licenses and | ||
the use of a person's criminal history as grounds for certain | ||
actions related to the license. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 202.253(a-1), Occupations Code, is | ||
amended to read as follows: | ||
(a-1) The commission or department may refuse to admit a | ||
person to an examination, and may refuse to issue a license to | ||
practice podiatry to a person, for: | ||
(1) presenting a license, certificate, or diploma that | ||
was illegally or fraudulently obtained or engaging in fraud or | ||
deception in passing the examination; | ||
(2) being convicted of[ |
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(3) engaging in habits of intemperance or drug | ||
addiction that in the department's opinion would endanger the | ||
health, well-being, or welfare of patients; | ||
(4) engaging in grossly unprofessional or | ||
dishonorable conduct of a character that in the department's | ||
opinion is likely to deceive or defraud the public; | ||
(5) directly or indirectly violating or attempting to | ||
violate this chapter or a rule adopted under this chapter as a | ||
principal, accessory, or accomplice; | ||
(6) using any advertising statement of a character | ||
tending to mislead or deceive the public; | ||
(7) advertising professional superiority or the | ||
performance of professional service in a superior manner; | ||
(8) purchasing, selling, bartering, or using or | ||
offering to purchase, sell, barter, or use a podiatry degree, | ||
license, certificate, diploma, or a transcript of a license, | ||
certificate, or diploma, in or incident to an application for a | ||
license to practice podiatry; | ||
(9) altering, with fraudulent intent, a podiatry | ||
license, certificate, diploma, or a transcript of a podiatry | ||
license, certificate, or diploma; | ||
(10) using a podiatry license, certificate, or | ||
diploma, or a transcript of a podiatry license, certificate, or | ||
diploma, that has been fraudulently purchased, issued, | ||
counterfeited, or materially altered; | ||
(11) impersonating, or acting as proxy for, another | ||
person in a podiatry license examination; | ||
(12) impersonating a license holder, or permitting | ||
another person to use the license holder's license to practice | ||
podiatry in this state, to treat or offer to treat, by any method, | ||
conditions and ailments of human feet; | ||
(13) directly or indirectly employing a person whose | ||
license to practice podiatry has been suspended or associating in | ||
the practice of podiatry with a person whose license to practice | ||
podiatry has been suspended or who has been convicted of the | ||
unlawful practice of podiatry in this state or elsewhere; | ||
(14) wilfully making in the application for a license | ||
to practice podiatry a material misrepresentation or material | ||
untrue statement; | ||
(15) being unable to practice podiatry with reasonable | ||
skill and safety to a patient because of age, illness, drunkenness, | ||
or excessive use of drugs, narcotics, chemicals, or other | ||
substances or as a result of a mental or physical condition; | ||
(16) failing to practice podiatry in an acceptable | ||
manner consistent with public health and welfare; | ||
(17) being removed, suspended, or disciplined in | ||
another manner by the podiatrist's peers in a professional podiatry | ||
association or society, whether local, regional, state, or national | ||
in scope, or being disciplined by a licensed hospital or the medical | ||
staff of a hospital, including removal, suspension, limitation of | ||
hospital privileges, or other disciplinary action, if the | ||
commission or department determines that the action was: | ||
(A) based on unprofessional conduct or | ||
professional incompetence likely to harm the public; and | ||
(B) appropriate and reasonably supported by | ||
evidence submitted to the association, society, hospital, or | ||
medical staff; or | ||
(18) having repeated or recurring meritorious health | ||
care liability claims filed against the podiatrist that in | ||
the commission's or department's opinion are evidence of | ||
professional incompetence likely to injure the public. | ||
SECTION 2. Section 203.404(a), Occupations Code, is amended | ||
to read as follows: | ||
(a) The commission or executive director may discipline a | ||
licensed midwife, refuse to renew a midwife's license, or refuse to | ||
issue a license to an applicant if the person: | ||
(1) violates this chapter or a rule adopted under this | ||
chapter; | ||
(2) submits false or misleading information to the | ||
department; | ||
(3) [ |
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(4) [ |
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conduct that may reasonably be determined to deceive or defraud the | ||
public; | ||
(5) [ |
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reasonable skill and safety because of illness, disability, or | ||
psychological impairment; | ||
(6) [ |
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mentally impaired; | ||
(7) [ |
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by the person to be false or fraudulent or engages in another act | ||
that violates Title 3, Health and Safety Code, or a rule adopted | ||
under that title; | ||
(8) [ |
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Code, or a rule adopted under that chapter; or | ||
(9) [ |
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consistent with the public health and safety. | ||
SECTION 3. Section 802.107, Occupations Code, is amended by | ||
amending Subsections (a) and (b) and adding Subsection (b-1) to | ||
read as follows: | ||
(a) The department shall deny issuance of a license to, or | ||
refuse to renew the license of, a person if the person or a | ||
controlling person of the dog or cat breeder has pled guilty or nolo | ||
contendere to, been convicted of, or received deferred adjudication | ||
for animal cruelty or neglect in this state or any other | ||
jurisdiction in the five years preceding the person's initial or | ||
renewal application for a license. | ||
(b) Subject to Subsection (b-1), the [ |
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law if, after the license is issued, the licensed breeder [ |
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or a controlling person of the licensed [ |
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guilty or nolo contendere to, is convicted of, or receives deferred | ||
adjudication for animal cruelty or neglect in this state or any | ||
other jurisdiction. | ||
(b-1) Before a license is revoked under Subsection (b), the | ||
department must issue a notice of the revocation under the grounds | ||
prescribed by that subsection to the licensed breeder stating that | ||
the licensed breeder or the licensed breeder's representative may, | ||
not later than the 20th day after the date the licensed breeder | ||
receives the notice, submit to the department proof that the | ||
licensed breeder or controlling person of the licensed breeder, as | ||
applicable, did not plead guilty or nolo contendere to, was not | ||
convicted of, or did not receive deferred adjudication for animal | ||
cruelty or neglect in this state or any other jurisdiction as | ||
described by Subsection (b). | ||
SECTION 4. Section 1305.152(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) An applicant for a license under this chapter must: | ||
(1) submit to the department a completed application | ||
on a form prescribed by the executive director; | ||
(2) submit to the department any other information | ||
required by executive director rule; | ||
(3) demonstrate to the satisfaction of the executive | ||
director the appropriate amount of electrical work experience as | ||
required by this subchapter; and | ||
(4) [ |
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SECTION 5. Section 1802.052(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) An individual is eligible for an auctioneer's license if | ||
the individual: | ||
(1) is at least 18 years of age; | ||
(2) is a citizen of the United States or a legal alien; | ||
(3) either: | ||
(A) passes a written or oral examination | ||
demonstrating knowledge of the auction business and of the laws of | ||
this state relating to the auction business; or | ||
(B) shows proof of employment by a licensed | ||
auctioneer for at least two years and participation in at least 10 | ||
auctions during that employment; | ||
(4) holds a high school diploma or a high school | ||
equivalency certificate; and | ||
(5) [ |
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instruction at an auction school with a curriculum approved by the | ||
department in accordance with the standards and procedures | ||
established by rule adopted under this chapter. | ||
SECTION 6. Section 203.404(a), Occupations Code, as amended | ||
by this Act, applies only to a disciplinary action taken on or after | ||
the effective date of this Act. A disciplinary action taken before | ||
the effective date of this Act is governed by the law in effect on | ||
the date the action was taken, and the former law is continued in | ||
effect for that purpose. | ||
SECTION 7. Section 802.107(b), Occupations Code, as amended | ||
by this Act, applies only to an offense committed on or after the | ||
effective date of this Act. An offense committed before the | ||
effective date of this Act is governed by the law in effect on the | ||
date the offense was committed, and the former law is continued in | ||
effect for that purpose. For purposes of this section, an offense | ||
was committed before the effective date of this Act if any element | ||
of the offense occurred before that date. | ||
SECTION 8. Sections 1305.152 and 1802.052, Occupations | ||
Code, as amended by this Act, apply only to an application for a | ||
license submitted on or after the effective date of this Act. An | ||
application submitted before the effective date of this Act is | ||
governed by the law in effect on the date the application was | ||
submitted, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 9. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1531 passed the Senate on | ||
April 11, 2019, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1531 passed the House on | ||
May 16, 2019, by the following vote: Yeas 137, Nays 0, | ||
two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |