S.B. No. 202
 
 
 
 
AN ACT
  relating to the transfer of certain occupational regulatory
  programs and the deregulation of certain activities and
  occupations.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1.  REGULATORY PROGRAMS TRANSFERRED TO THE TEXAS
  DEPARTMENT OF LICENSING AND REGULATION
  PART 1.  TRANSFERS DURING BIENNIUM ENDING AUGUST 31, 2017
         SECTION 1.001.  Subchapter D, Chapter 51, Occupations Code,
  is amended by adding Section 51.2031 to read as follows:
         Sec. 51.2031.  RULES REGARDING HEALTH-RELATED PROGRAMS;
  PROVISION OF INFORMATION. (a)  This section applies only to the
  regulation of the following professions by the department:
               (1)  athletic trainers;
               (2)  dietitians; 
               (3)  hearing instrument fitters and dispensers;
               (4)  midwives;
               (5)  orthotists and prosthetists; and
               (6)  speech-language pathologists and audiologists.
         (a-1)  The commission may not adopt a new rule relating to
  the scope of practice of or a health-related standard of care for a
  profession to which this section applies unless the rule has been
  proposed by the advisory board established for that profession.  
  The commission shall adopt rules prescribing the procedure by which
  an advisory board may propose rules described by this subsection.
         (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.  
  This subsection and Subsection (a-1) expire September 1, 2019.
         (b)  The commission shall adopt rules clearly specifying the
  manner in which the department and commission will solicit input
  from, and on request provide information to, an advisory board
  established for a profession to which this section applies
  regarding the general investigative, enforcement, or disciplinary
  procedures of the department or commission.
         SECTION 1.002.  Section 203.002, Occupations Code, is
  amended by adding Subdivision (1) and amending Subdivisions (3),
  (4), (4-a), (6), and (9) to read as follows:
               (1)  "Advisory board" means the Midwives Advisory
  Board.
               (3)  "Commission" ["Commissioner"] means the Texas
  Commission of Licensing and Regulation [commissioner of state
  health services].
               (4)  "Department" means the Texas Department of
  Licensing and Regulation [State Health Services].
               (4-a)  "Executive director" [commissioner"] means the
  executive director of the department [commissioner of the Health
  and Human Services Commission].
               (6)  "Midwife" means a person who practices midwifery
  and has met the licensing requirements established by this chapter
  and commission [midwifery board] rules.
               (9)  "Normal" means, as applied to pregnancy, labor,
  delivery, the postpartum period, and the newborn period, and as
  defined by commission [midwifery board] rule, circumstances under
  which a midwife has determined that a client is at a low risk of
  developing complications.
         SECTION 1.003.  Section 203.005, Occupations Code, is
  amended to read as follows:
         Sec. 203.005.  EFFECT ON LOCAL ORDINANCES. This chapter
  does not prohibit a municipality from adopting a local ordinance or
  rule to regulate the practice of midwifery in the municipality if
  the ordinance or rule is compatible with and at least as strict as
  this chapter and commission [midwifery board] rules.
         SECTION 1.004.  The heading to Subchapter B, Chapter 203,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER B.  MIDWIVES ADVISORY [MIDWIFERY] BOARD
         SECTION 1.005.  Section 203.052, Occupations Code, is
  amended to read as follows:
         Sec. 203.052.  ADVISORY [APPOINTMENT OF MIDWIFERY] BOARD
  MEMBERSHIP. (a)  The advisory [midwifery] board consists of nine
  members appointed by the presiding officer of the commission with
  the approval of the commission as follows:
               (1)  five licensed midwife members each of whom has at
  least three years' experience in the practice of midwifery;
               (2)  one physician member who is certified by a
  national professional organization of physicians that certifies
  obstetricians and gynecologists;
               (3)  one physician member who is certified by a
  national professional organization of physicians that certifies
  family practitioners or pediatricians; and
               (4)  two members who represent the public and who are
  not practicing or trained in a health care profession, one of whom
  is a parent with at least one child born with the assistance of a
  midwife.
         (b)  Appointments to the advisory [midwifery] board shall be
  made without regard to the race, color, disability, sex, religion,
  age, or national origin of the appointee.
         SECTION 1.006.  Subchapter B, Chapter 203, Occupations Code,
  is amended by adding Section 203.0521 to read as follows:
         Sec. 203.0521.  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.
         SECTION 1.007.  Section 203.055, Occupations Code, is
  amended to read as follows:
         Sec. 203.055.  TERMS; VACANCIES. (a)  Members of the
  advisory [midwifery] board serve for staggered terms of six years.
  The terms of three members expire on January 31 of each odd-numbered
  year.
         (b)  If a vacancy occurs during a member's term, 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.
         SECTION 1.008.  Section 203.056, Occupations Code, is
  amended to read as follows:
         Sec. 203.056.  PRESIDING OFFICER [OFFICERS]. The presiding
  officer of the commission [commissioner] shall designate a public
  member of the advisory [midwifery] board to serve as the presiding
  officer of the advisory [midwifery] board to serve for a term of one
  year [in that capacity at the pleasure of the commissioner].  The
  presiding officer of the advisory board may vote on any matter
  before the advisory board [midwifery board shall elect one of the
  other members of the midwifery board as vice presiding officer].
         SECTION 1.009.  Section 203.059, Occupations Code, is
  amended to read as follows:
         Sec. 203.059.  MEETINGS. [(a)]  The advisory [midwifery]
  board shall meet at [least semiannually.
         [(b)  The midwifery board shall meet at other times at] the
  call of the presiding officer of the commission or the executive
  director [midwifery board or the commissioner].
         SECTION 1.010.  The heading to Subchapter D, Chapter 203,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER D.  POWERS AND DUTIES [OF MIDWIFERY BOARD, EXECUTIVE
  COMMISSIONER, AND DEPARTMENT]
         SECTION 1.011.  The heading to Section 203.151, Occupations
  Code, is amended to read as follows:
         Sec. 203.151.  GENERAL POWERS AND DUTIES [RULEMAKING
  AUTHORITY OF MIDWIFERY BOARD].
         SECTION 1.012.  Section 203.151, Occupations Code, is
  amended by amending Subsection (a) and adding Subsections (a-1) and
  (a-2) to read as follows:
         (a)  The executive director shall administer and enforce
  this chapter.
         (a-1)  The commission [Subject to the approval of the
  executive commissioner, the midwifery board] shall:
               (1)  [adopt substantive and procedural rules necessary
  for the licensing of midwives;
               [(2)]  adopt rules prescribing the standards for the
  practice of midwifery in this state, including standards for:
                     (A)  the delineation of findings that preclude a
  woman or newborn from being classified as having a normal
  pregnancy, labor, delivery, postpartum period, or newborn period;
  and
                     (B)  administration of oxygen by a midwife to a
  mother or newborn;
               (2) [(3)]  adopt rules prescribing:
                     (A)  the type of courses and number of hours
  required to meet the basic midwifery education course and
  continuing midwifery education course requirements; and
                     (B)  minimum standards for the approval and
  revocation of approval of:
                           (i)  basic midwifery education courses and
  continuing midwifery education courses; and
                           (ii)  instructors or facilities used in
  basic midwifery education courses and continuing midwifery
  education courses; and
               (3) [(4)     adopt rules prescribing a procedure for
  reporting and processing complaints relating to the practice of
  midwifery in this state;
               [(5)     adopt and implement substantive and procedural
  rules as necessary to discipline midwives determined to be in
  violation of this chapter or otherwise a threat to the public health
  and safety;
               [(6)]  adopt rules as necessary to establish
  eligibility for reciprocity for initial licensing under this
  chapter[; and
               [(7)     adopt other rules necessary to implement a duty
  imposed on the executive commissioner or the department under this
  chapter].
         (a-2)  The department shall:
               (1)  implement rules governing:
                     (A)  basic midwifery education courses and
  continuing midwifery education courses; and
                     (B)  approval of instructors or facilities used in
  offering basic midwifery education courses and continuing
  midwifery education courses;
               (2)  prepare and distribute basic midwifery
  information and instructor manuals;
               (3)  enter into agreements necessary to carry out this
  chapter; and
               (4)  establish a program for licensure as a midwife as
  prescribed by commission rules.
         SECTION 1.013.  Section 203.152(b), Occupations Code, is
  amended to read as follows:
         (b)  The commission [midwifery board] may not set a fee for
  an amount less than the amount of that fee on September 1, 1993.
         SECTION 1.014.  Sections 203.153(a) and (c), Occupations
  Code, are amended to read as follows:
         (a)  The [Subject to the approval of the] department[, the
  midwifery board] shall issue basic information manuals for the
  practice of midwifery[.     The midwifery board shall approve the
  basic information manuals] and instructor manuals that may be used
  in basic midwifery education courses.
         (c)  A basic information manual must include information
  about:
               (1)  the knowledge necessary to practice as a midwife;
               (2)  the basic education and continuing education
  requirements for a midwife;
               (3)  the legal requirements and procedures relating to
  midwifery;
               (4)  the standards of practice as a midwife; and
               (5)  other information or procedures required by the
  commission [midwifery board] or the department.
         SECTION 1.015.  Section 203.154, Occupations Code, is
  amended to read as follows:
         Sec. 203.154.  REPORTS ON MIDWIFERY.  (a) [(c)]  The
  department [midwifery board] shall prepare and publish reports on
  the practice of midwifery in this state.
         (b)  The Department of State Health Services shall publish
  a[, including] statistical report [reporting] of infant fetal
  morbidity and mortality.
         SECTION 1.016.  The heading to Section 203.155, Occupations
  Code, is amended to read as follows:
         Sec. 203.155.  COMPLAINTS [COMPLAINT PROCEDURE AND
  INVESTIGATION].
         SECTION 1.017.  Sections 203.155(b) and (d), Occupations
  Code, are amended to read as follows:
         (b)  For purposes of Section 51.252, the commission must
  adopt [The] rules to [adopted under Subsection (a) must:
               [(1)  distinguish among categories of complaints;
               [(2)     ensure that a person who files a complaint has an
  opportunity to explain the allegations made in the complaint; and
               [(3)]  provide for the release of any relevant
  midwifery or medical record to the department [midwifery board],
  without the necessity of consent by the midwife's client, as
  necessary to conduct an investigation of a complaint.
         (d)  The department [midwifery board] shall provide
  reasonable assistance to a person who wishes to file a complaint
  with the department regarding a person or activity regulated by
  this chapter [midwifery board].
         SECTION 1.018.  Section 203.252(a), Occupations Code, is
  amended to read as follows:
         (a)  A person qualifies to become a licensed midwife under
  this chapter if the person provides the department [program
  coordinator] with documentary evidence that the person has:
               (1)  satisfied each requirement for basic midwifery
  education; and
               (2)  passed the comprehensive midwifery examination
  and jurisprudence examination required by this chapter.
         SECTION 1.019.  Section 203.253, Occupations Code, is
  amended to read as follows:
         Sec. 203.253.  LICENSE APPLICATION. A person who practices
  midwifery must apply to the department to be licensed as a midwife
  in the manner and on a form prescribed by the executive director.  
  The application must:
               (1)  be accompanied by a nonrefundable application fee;
  and
               (2)  include information required by commission
  [midwifery board] rules.
         SECTION 1.020.  Section 203.254, Occupations Code, is
  amended to read as follows:
         Sec. 203.254.  BASIC MIDWIFERY EDUCATION. The commission
  [Subject to the approval of the executive commissioner, the
  midwifery board] shall establish requirements for basic midwifery
  education.
         SECTION 1.021.  Section 203.255(a), Occupations Code, is
  amended to read as follows:
         (a)  The department [midwifery board, with the approval of
  the executive commissioner,] shall:
               (1)  adopt a comprehensive midwifery examination for
  persons regulated under this chapter that must be passed before the
  initial license may be issued; and
               (2)  establish eligibility requirements for persons
  taking a comprehensive midwifery examination.
         SECTION 1.022.  Section 203.2555, Occupations Code, is
  amended to read as follows:
         Sec. 203.2555.  JURISPRUDENCE EXAMINATION. (a)  The
  department [midwifery board] shall develop and administer at least
  twice each calendar year a jurisprudence examination to determine
  an applicant's knowledge of this chapter, commission [midwifery
  board] rules under this chapter, and any other applicable laws of
  this state affecting the applicant's midwifery practice.
         (b)  The commission [Subject to the approval of the executive
  commissioner, the midwifery board] shall adopt rules to implement
  this section, including rules related to the development and
  administration of the examination, examination fees, guidelines
  for reexamination, grading the examination, and providing notice of
  examination results.
         SECTION 1.023.  Section 203.256, Occupations Code, is
  amended to read as follows:
         Sec. 203.256.  TRAINING IN NEWBORN SCREENING AND BASIC LIFE
  SUPPORT CARDIOPULMONARY RESUSCITATION. A person who practices
  midwifery in this state must provide the department [program
  coordinator] with satisfactory evidence that the person:
               (1)  is trained to perform the newborn screening tests
  under Section 203.354 or has made arrangements for the performance
  of those tests; and
               (2)  holds:
                     (A)  a current certificate issued by the American
  Heart Association in basic life support cardiopulmonary
  resuscitation; or
                     (B)  another form of certification acceptable to
  the department that demonstrates proficiency in basic life support
  cardiopulmonary resuscitation for adults and children.
         SECTION 1.024.  Section 203.304, Occupations Code, is
  amended to read as follows:
         Sec. 203.304.  CONTINUING MIDWIFERY EDUCATION. (a)  The
  commission by rule [Subject to the approval of the executive
  commissioner, the midwifery board] shall establish requirements
  for continuing midwifery education, including a minimum number of
  hours of continuing education required to renew a license under
  this chapter.
         (b)  On renewal of the license, a midwife must provide the
  department [program coordinator] with evidence, acceptable under
  commission [midwifery board] rules, of completion of continuing
  midwifery education as prescribed by the commission by rule
  [midwifery board].
         (c)  The commission [midwifery board] by rule shall develop a
  process to evaluate and approve continuing education courses.
         SECTION 1.025.  Section 203.305, Occupations Code, is
  amended to read as follows:
         Sec. 203.305.  REQUIRED ATTENDANCE AT SPECIFIC MIDWIFERY
  EDUCATION COURSES. The department [midwifery board] may assess the
  continuing education needs of licensed midwives and may require
  licensed midwives to attend continuing midwifery education courses
  specified by the department [midwifery board].
         SECTION 1.026.  Section 203.306, Occupations Code, is
  amended to read as follows:
         Sec. 203.306.  GROUNDS FOR REFUSING RENEWAL. The department
  [midwifery board] may refuse to renew the license of a person who
  fails to pay an administrative penalty [imposed under Subchapter
  J,] unless enforcement of the penalty is stayed or a court has
  ordered that the administrative penalty is not owed.
         SECTION 1.027.  Section 203.351(b), Occupations Code, is
  amended to read as follows:
         (b)  The department [midwifery board] shall prescribe the
  form of the informed choice and disclosure statement required to be
  used by a midwife under this chapter.  The form must include:
               (1)  statistics of the midwife's experience as a
  midwife;
               (2)  the date the midwife's license expires;
               (3)  the date the midwife's cardiopulmonary
  resuscitation certification expires;
               (4)  the midwife's compliance with continuing education
  requirements;
               (5)  a description of medical backup arrangements; and
               (6)  the legal responsibilities of a midwife, including
  statements concerning newborn blood screening, ophthalmia
  neonatorum prevention, and prohibited acts under Sections
  203.401-203.403.
         SECTION 1.028.  Section 203.352, Occupations Code, is
  amended to read as follows:
         Sec. 203.352.  PRENATAL AND CERTAIN MEDICAL CARE ENCOURAGED.
  A midwife shall encourage a client to seek:
               (1)  prenatal care; and
               (2)  medical care through consultation or referral, as
  specified by commission [midwifery board] rules, if the midwife
  determines that the pregnancy, labor, delivery, postpartum period,
  or newborn period of a woman or newborn may not be classified as
  normal for purposes of this chapter.
         SECTION 1.029.  Section 203.354(b), Occupations Code, is
  amended to read as follows:
         (b)  A midwife may collect blood specimens for the newborn
  screening tests if the midwife has been approved by the department
  to collect the specimen. The commission [Subject to the approval of
  the executive commissioner, the midwifery board] shall adopt rules
  establishing the standards for approval.  The standards must
  recognize completion of a course of instruction that includes the
  blood specimen collection procedure or verification by
  appropriately trained health care providers that the midwife has
  been instructed in the blood collection procedures.
         SECTION 1.030.  Section 203.355(b), Occupations Code, is
  amended to read as follows:
         (b)  The Department of State Health Services [department]
  and a local health department, a public health district, or a local
  health unit shall provide clinical and laboratory support services
  to a pregnant woman or a newborn who is a client of a midwife if the
  midwife is required to provide the services under this chapter.
         SECTION 1.031.  Section 203.356(a), Occupations Code, is
  amended to read as follows:
         (a)  A physician, a registered nurse, or other person who, on
  the order of a physician, instructs a midwife in the approved
  techniques for collecting blood specimens to be used for newborn
  screening tests is immune from liability arising out of the failure
  or refusal of the midwife to:
               (1)  collect the specimens in the approved manner; or
               (2)  submit the specimens to the Department of State
  Health Services [department] in a timely manner.
         SECTION 1.032.  Sections 203.357(a) and (b), Occupations
  Code, are amended to read as follows:
         (a)  The department [midwifery board] may require
  information in addition to that required by Section 203.253 if it
  determines the additional information is necessary and appropriate
  to ascertain the nature and extent of midwifery in this state. The
  department [midwifery board] may not require information regarding
  any act that is prohibited under this chapter.
         (b)  The [With the approval of the midwifery board, the]
  department shall prescribe forms for the additional information and
  shall distribute those forms directly to each midwife. Each
  midwife must complete and return the forms to the department as
  requested.
         SECTION 1.033.  Section 203.401, Occupations Code, is
  amended to read as follows:
         Sec. 203.401.  PROHIBITED PRACTICES. A midwife may not:
               (1)  provide midwifery care in violation of commission
  [midwifery board] rule, except in an emergency that poses an
  immediate threat to the life of a woman or newborn;
               (2)  administer a prescription drug to a client other
  than:
                     (A)  a drug administered under the supervision of
  a licensed physician in accordance with state law;
                     (B)  prophylaxis approved by the Department of
  State Health Services [department] to prevent ophthalmia
  neonatorum; or
                     (C)  oxygen administered in accordance with
  commission [midwifery board] rule;
               (3)  use forceps or a surgical instrument for a
  procedure other than cutting the umbilical cord or providing
  emergency first aid during delivery;
               (4)  remove placenta by invasive techniques;
               (5)  use a mechanical device or medicine to advance or
  retard labor or delivery; or
               (6)  make on a birth certificate a false statement or
  false record in violation of Section 195.003, Health and Safety
  Code.
         SECTION 1.034.  Section 203.404, Occupations Code, is
  amended to read as follows:
         Sec. 203.404.  GROUNDS FOR DISCIPLINARY ACTION. (a)  The
  commission or executive director [midwifery board] 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
  [midwifery board or the] department;
               (3)  is convicted of a misdemeanor involving moral
  turpitude or a felony;
               (4)  uses alcohol or drugs intemperately;
               (5)  engages in unprofessional or dishonorable conduct
  that may reasonably be determined to deceive or defraud the public;
               (6)  is unable to practice midwifery with reasonable
  skill and safety because of illness, disability, or psychological
  impairment;
               (7)  is determined by a court judgment to be mentally
  impaired;
               (8)  submits a birth or death certificate known 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;
               (9)  violates Chapter 244, Health and Safety Code, or a
  rule adopted under that chapter; or
               (10)  fails to practice midwifery in a manner
  consistent with the public health and safety.
         (b)  The commission or executive director [midwifery board]
  may discipline a licensed midwife and may refuse to issue a license
  to an applicant for a disciplinary action taken by another
  jurisdiction that affects the person's authority to practice
  midwifery, including a suspension, a revocation, or another action.
         SECTION 1.035.  Section 203.406, Occupations Code, is
  amended to read as follows:
         Sec. 203.406.  REFUND. (a)  Subject to Subsection (b), the
  commission or executive director [midwifery board] may order a
  licensed midwife to pay a refund to a consumer as provided in an
  agreed settlement, default order, or commission order [agreement
  resulting from an informal settlement conference] instead of or in
  addition to imposing an administrative penalty against the license
  holder [under this chapter].
         (b)  The amount of a refund ordered [as provided in an
  agreement resulting from an informal settlement conference] may not
  exceed the amount the consumer paid to the licensed midwife for a
  service regulated by this chapter.  The commission or executive
  director [midwifery board] may not require payment of other damages
  or estimate harm in a refund order.
         SECTION 1.036.  Section 203.501(a), Occupations Code, is
  amended to read as follows:
         (a)  A person is liable for a civil penalty if the person is
  required to be licensed under this chapter and the person knowingly
  or intentionally practices midwifery:
               (1)  without a license or while the license is
  suspended or revoked; or
               (2)  in violation of a commission [midwifery board]
  order.
         SECTION 1.037.  Section 203.502(b), Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (b)  If the executive director [department] or a health
  authority determines that a person has violated this chapter, the
  executive director may institute an action described by Section
  51.352 [and that the violation creates an immediate threat to the
  health and safety of the public, the department, or the health
  authority with the concurrence of the department, may request the
  attorney general or a district, county, or city attorney to bring an
  action in a district court for a restraining order to restrain the
  violation].
         SECTION 1.038.  Section 203.503(a), Occupations Code, is
  amended to read as follows:
         (a)  Venue for a civil action arising out of the imposition
  of an administrative penalty [brought under Section 203.451 or
  203.452] is in the county in which the defendant resides or in the
  county in which the violation occurred.
         SECTION 1.039.  Section 203.505(b), Occupations Code, is
  amended to read as follows:
         (b)  A violation of a cease and desist [an] order issued by
  the executive director [under this section] constitutes grounds for
  imposing an administrative penalty [under Subchapter J].
         SECTION 1.040.  Section 401.001, Occupations Code, is
  amended by amending Subdivisions (1), (3), (4), and (4-a) and
  adding Subdivisions (1-a) and (4-b) to read as follows:
               (1)  "Advisory board" means the Speech-Language
  Pathologists and Audiologists Advisory Board.
               (1-a)  "Audiologist" means a person who meets the
  qualifications of this chapter to practice audiology.
               (3)  "Commission" ["Board"] means the Texas Commission
  of Licensing and Regulation [State Board of Examiners for
  Speech-Language Pathology and Audiology].
               (4)  "Department" means the Texas Department of
  Licensing and Regulation [State Health Services].
               (4-a)  "Executive director" means the executive
  director of the department.
               (4-b)  "Hearing instrument" has the meaning assigned by
  Section 402.001.
         SECTION 1.041.  Section 401.052, Occupations Code, is
  amended to read as follows:
         Sec. 401.052.  NURSES. This chapter does not prevent or
  restrict a communication, speech, language, or hearing screening,
  as defined by commission [board] rule, from being conducted by a
  registered nurse:
               (1)  licensed in this state; and
               (2)  practicing in accordance with the standards of
  professional conduct and ethics established by rules adopted by the
  Texas Board of Nursing.
         SECTION 1.042.  Section 401.053, Occupations Code, is
  amended to read as follows:
         Sec. 401.053.  PERSONS TRAINED BY DEPARTMENT OF STATE HEALTH
  SERVICES. (a)  This chapter does not apply to a person who shows
  evidence of having received training by the Department of State
  Health Services [department] in a communication, speech, language,
  or hearing screening training program approved by that [the]
  department if the person's activity is limited to screening as
  defined by commission [board] rule.
         (b)  A person who has received training by the Department of
  State Health Services [department] in a program under Subsection
  (a) may not:
               (1)  practice speech-language pathology or audiology;
  or
               (2)  represent that the person is a speech-language
  pathologist or audiologist.
         SECTION 1.043.  Sections 401.054(b), (c), and (d),
  Occupations Code, are amended to read as follows:
         (b)  The Texas Education Agency certificate in
  speech-language pathology must require an applicant to:
               (1)  hold a master's degree in communicative disorders
  or the equivalent from a university program accredited by the
  American Speech-Language-Hearing Association; and
               (2)  pass a national examination in speech-language
  pathology or audiology approved by the department [board].
         (c)  A person affected by this section who performs work as a
  speech-language pathologist or audiologist in addition to
  performing the person's duties within an agency, institution, or
  organization under the jurisdiction of the Texas Education Agency
  is required to hold a license issued by the department [board]
  unless that work is limited to speech and hearing screening
  procedures performed without compensation.
         (d)  For the purposes of Subsection (b)(1), an applicant's
  educational credentials are equivalent to a master's degree in
  communicative disorders if the credentials:
               (1)  consist of graduate-level course work and
  practicum from a program accredited by the American
  Speech-Language-Hearing Association; and
               (2)  meet requirements that are the same as those
  established by the department [board] for a license in
  speech-language pathology or audiology.
         SECTION 1.044.  The heading to Subchapter C, Chapter 401,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER C.  [STATE BOARD OF EXAMINERS FOR] SPEECH-LANGUAGE
  PATHOLOGISTS [PATHOLOGY] AND AUDIOLOGISTS ADVISORY BOARD
  [AUDIOLOGY]
         SECTION 1.045.  Section 401.102, Occupations Code, is
  amended to read as follows:
         Sec. 401.102.  ADVISORY BOARD MEMBERSHIP. (a)  The advisory
  board consists of nine members appointed by the presiding officer
  of the commission with the approval of the commission [governor] as
  follows:
               (1)  three audiologist members;
               (2)  three speech-language pathologist members; and
               (3)  three members who represent the public.
         (b)  Advisory board [Board] members must:
               (1)  have been a resident of this state for the two
  years preceding the date of appointment;
               (2)  be from the various geographic regions of the
  state; and
               (3)  be from varying employment settings.
         (c)  The advisory board members appointed under Subsections
  (a)(1) and (2) must:
               (1)  have been engaged in teaching, research, or
  providing services in speech-language pathology or audiology for at
  least five years; and
               (2)  be licensed under this chapter.
         (d)  One of the public advisory board members must be a
  physician licensed in this state and certified in otolaryngology or
  pediatrics.
         (e)  Appointments to the advisory board shall be made without
  regard to the race, creed, sex, religion, or national origin of the
  appointee.
         SECTION 1.046.  Subchapter C, Chapter 401, Occupations Code,
  is amended by adding Section 401.10205 to read as follows:
         Sec. 401.10205.  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.
         SECTION 1.047.  The heading to Section 401.105, Occupations
  Code, is amended to read as follows:
         Sec. 401.105.  TERMS; VACANCIES.
         SECTION 1.048.  Section 401.105(b), Occupations Code, is
  amended to read as follows:
         (b)  If a vacancy occurs during a member's term, 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 [A
  person may not be appointed to serve more than two consecutive
  terms].
         SECTION 1.049.  Section 401.107, Occupations Code, is
  amended to read as follows:
         Sec. 401.107.  PRESIDING OFFICER [BOARD OFFICERS]. (a)  The
  presiding officer of the commission [governor] shall designate a
  member of the advisory board to serve as the presiding officer of
  the advisory board for a term of one year [to serve in that capacity
  at the will of the governor].
         (b)  The presiding officer of the advisory board may vote on
  any matter before the advisory board [must hold a license under this
  chapter].
         SECTION 1.050.  Section 401.108, Occupations Code, is
  amended to read as follows:
         Sec. 401.108.  MEETINGS. [(a)]  The advisory board shall
  meet [hold at least two regular meetings each year.
         [(b)  Additional meetings may be held] at the call of the
  presiding officer of the commission or the executive director [on
  the written request of any three members of the board].
         SECTION 1.051.  The heading to Subchapter E, Chapter 401,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER E.  [BOARD AND DEPARTMENT] POWERS AND DUTIES
         SECTION 1.052.  Section 401.201, Occupations Code, is
  amended by amending Subsection (a) and adding Subsection (a-1) to
  read as follows:
         (a)  The executive director shall administer and enforce
  this chapter.
         (a-1)  The [With the assistance of the] department[, the
  board] shall:
               (1)  [administer, coordinate, and enforce this
  chapter;
               [(2)]  evaluate the qualifications of license
  applicants;
               (2) [(3)]  provide for the examination of license
  applicants;
               (3) [(4)]  in connection with a hearing under this
  chapter [Section 401.454], issue subpoenas, examine witnesses, and
  administer oaths under the laws of this state; and
               (4) [(5)     conduct hearings and keep records and minutes
  necessary to the orderly administration of this chapter; and
               [(6)]  investigate persons engaging in practices that
  violate this chapter.
         SECTION 1.053.  Section 401.202, Occupations Code, is
  amended to read as follows:
         Sec. 401.202.  STANDARDS OF ETHICAL PRACTICE [RULEMAKING
  AUTHORITY]. The commission [board] shall adopt rules under 
  [necessary to administer and enforce] this chapter[, including
  rules] that establish standards of ethical practice.
         SECTION 1.054.  Section 401.2021, Occupations Code, is
  amended to read as follows:
         Sec. 401.2021.  [JOINT] RULES FOR HEARING INSTRUMENTS.  With
  the assistance of the advisory [department, the] board and the
  Hearing Instrument Fitters and Dispensers Advisory Board, the
  commission [State Committee of Examiners in the Fitting and
  Dispensing of Hearing Instruments] shall [jointly] adopt rules to
  establish requirements for each sale of a hearing instrument for
  purposes of this chapter and Chapter 402.  The rules must:
               (1)  address:
                     (A)  the information and other provisions
  required in each written contract for the purchase of a hearing
  instrument;
                     (B)  records that must be retained under this
  chapter or Chapter 402; and
                     (C)  guidelines for the 30-day trial period during
  which a person may cancel the purchase of a hearing instrument; and
               (2)  require that the written contract and 30-day trial
  period information provided to a purchaser of a hearing instrument
  be in plain language designed to be easily understood by the average
  consumer.
         SECTION 1.055.  Section 401.2022, Occupations Code, is
  amended to read as follows:
         Sec. 401.2022.  [JOINT] RULES FOR FITTING AND DISPENSING OF
  HEARING INSTRUMENTS BY TELEPRACTICE. (a)  In this section,
  "telepractice" means the use of telecommunications technology by a
  license holder for an assessment, intervention, or consultation
  regarding a speech-language pathology or audiology client.
         (b)  With the assistance of the advisory [department, the]
  board and the Hearing Instrument Fitters and Dispensers Advisory
  Board, the commission [State Committee of Examiners in the Fitting
  and Dispensing of Hearing Instruments] shall [jointly] adopt rules
  to establish requirements for the fitting and dispensing of hearing
  instruments by the use of telepractice for purposes of this chapter
  and Chapter 402, including rules that establish the qualifications
  and duties of license holders who use telepractice.
         SECTION 1.056.  The heading to Section 401.203, Occupations
  Code, is amended to read as follows:
         Sec. 401.203.  ASSISTANCE FILING COMPLAINT [BOARD DUTIES
  REGARDING COMPLAINTS].
         SECTION 1.057.  Section 401.203(c), Occupations Code, is
  amended to read as follows:
         (c)  The department [board] 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 [board].
         SECTION 1.058.  Section 401.251, Occupations Code, is
  amended to read as follows:
         Sec. 401.251.  TELEPHONE NUMBER FOR COMPLAINTS. The
  department [board] shall list with its regular telephone number any
  toll-free telephone number established under other state law that
  may be called to present a complaint about a health professional.
         SECTION 1.059.  The heading to Section 401.253, Occupations
  Code, is amended to read as follows:
         Sec. 401.253.  [GENERAL] RULES REGARDING USE OF PRIVATE
  INVESTIGATOR [REGARDING COMPLAINT INVESTIGATION AND DISPOSITION].
         SECTION 1.060.  Section 401.253(a), Occupations Code, is
  amended to read as follows:
         (a)  For purposes of Section 51.252, the commission must [The
  board shall] adopt rules to [concerning the investigation of a
  complaint filed with the board. The rules must:
               [(1)  distinguish among categories of complaints;
               [(2)     ensure that a complaint is not dismissed without
  appropriate consideration;
               [(3)     require that the board be advised of a complaint
  that is dismissed and that a letter be sent to the person who filed
  the complaint explaining the action taken on the dismissed
  complaint;
               [(4)     ensure that the person who filed the complaint
  has an opportunity to explain the allegations made in the
  complaint; and
               [(5)]  prescribe guidelines concerning the categories
  of complaints under this chapter that require the use of a private
  investigator and the procedures for the department [board] to
  obtain the services of a private investigator.
         SECTION 1.061.  The heading to Section 401.2535, Occupations
  Code, is amended to read as follows:
         Sec. 401.2535.  CONFIDENTIALITY OF COMPLAINT AND
  DISCIPLINARY INFORMATION [INVESTIGATION; SUBPOENA].
         SECTION 1.062.  Sections 401.2535(h) and (i), Occupations
  Code, are amended to read as follows:
         (h)  All information and materials subpoenaed or compiled by
  the department [board] 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 [board] or its
  employees or agents involved in discipline of the holder of a
  license, except that this information may be disclosed to:
               (1)  persons involved with the department [board] in a
  disciplinary action against the holder of a license;
               (2)  professional speech-language pathologist and
  audiologist licensing or disciplinary boards in other
  jurisdictions;
               (3)  peer assistance programs approved by the
  commission [board] under Chapter 467, Health and Safety Code;
               (4)  law enforcement agencies; and
               (5)  persons engaged in bona fide research, if all
  individual-identifying information has been deleted.
         (i)  The filing of formal charges by the department [board]
  against a holder of a license, the nature of those charges,
  disciplinary proceedings of the department, commission, or
  executive director [board], and final disciplinary actions,
  including warnings and reprimands, by the department, commission,
  or executive director [board] are not confidential and are subject
  to disclosure in accordance with Chapter 552, Government Code.
         SECTION 1.063.  Section 401.302, Occupations Code, is
  amended to read as follows:
         Sec. 401.302.  ISSUANCE OF LICENSE. (a)  The department
  [board] shall issue a license to an applicant who meets the
  requirements of this chapter and who pays to the department [board]
  the initial nonrefundable license fee.
         (b)  The department [board] may issue to an applicant a
  license in either speech-language pathology or audiology.
         (c)  The department [board] may issue a license in both
  speech-language pathology and audiology to an applicant.
         (d)  The commission [board] by rule shall establish
  qualifications for dual licensing in speech-language pathology and
  audiology and may develop a full range of licensing options and
  establish rules for qualifications.
         SECTION 1.064.  Section 401.303(a), Occupations Code, is
  amended to read as follows:
         (a)  A person who desires a license under this chapter must
  apply to the department [board] on a form and in the manner
  prescribed by the executive director [board prescribes].
         SECTION 1.065.  Sections 401.304(a) and (c), Occupations
  Code, are amended to read as follows:
         (a)  To be eligible for licensing as a speech-language
  pathologist or audiologist, an applicant must:
               (1)  if the application is for a license in:
                     (A)  speech-language pathology, possess at least
  a master's degree with a major in at least one of the areas of
  communicative sciences or disorders from a program accredited by a
  national accrediting organization that is approved by the
  commission or department [board] and recognized by the United
  States secretary of education under the Higher Education Act of
  1965 (20 U.S.C. Section 1001 et seq.) in an accredited or approved
  college or university; or
                     (B)  audiology, possess at least a doctoral degree
  in audiology or a related hearing science from a program accredited
  by a national accrediting organization that is approved by the
  commission or department [board] and recognized by the United
  States secretary of education under the Higher Education Act of
  1965 (20 U.S.C. Section 1001 et seq.) in an accredited or approved
  college or university;
               (2)  submit a transcript from a public or private
  institution of higher learning showing successful completion of
  course work in amounts set by the commission by rule [board] in:
                     (A)  normal development and use of speech,
  language, and hearing;
                     (B)  evaluation, habilitation, and rehabilitation
  of speech, language, and hearing disorders; and
                     (C)  related fields that augment the work of
  clinical practitioners of speech-language pathology and audiology;
               (3)  have successfully completed at least 36 semester
  hours in courses that are acceptable toward a graduate degree by the
  college or university in which the courses are taken, at least 24 of
  which must be in the professional area for which the license is
  requested;
               (4)  have completed the minimum number of hours,
  established by the commission by rule [board], of supervised
  clinical experience with persons who present a variety of
  communication disorders; and
               (5)  have completed the full-time supervised
  professional experience, as defined by commission [board] rule, in
  which clinical work has been accomplished in the major professional
  area for which the license is being sought.
         (c)  Supervised professional experience under Subsection
  (a)(5) must:
               (1)  be under the supervision of a qualified person
  acceptable to the department [board] under guidelines approved by
  the commission [board]; and
               (2)  begin after completion of the academic and
  clinical experience required by this section.
         SECTION 1.066.  Section 401.3041, Occupations Code, is
  amended to read as follows:
         Sec. 401.3041.  CRIMINAL HISTORY RECORD INFORMATION
  REQUIREMENT FOR LICENSE ISSUANCE. (a)  The department [board]
  shall require that an applicant for a license submit a complete and
  legible set of fingerprints, on a form prescribed by the department
  [board], to the department [board] or to the Department of Public
  Safety for the purpose of obtaining criminal history record
  information from the Department of Public Safety and the Federal
  Bureau of Investigation.
         (b)  The department [board] may not issue a license to a
  person who does not comply with the requirement of Subsection (a).
         (c)  The department [board] shall conduct a criminal history
  check of each applicant for a license using information:
               (1)  provided by the individual under this section; and
               (2)  made available to the department [board] by the
  Department of Public Safety, the Federal Bureau of Investigation,
  and any other criminal justice agency under Chapter 411, Government
  Code.
         (d)  The department [Department of State Health Services on
  behalf of the board] may:
               (1)  enter into an agreement with the Department of
  Public Safety to administer a criminal history check required under
  this section; and
               (2)  authorize the Department of Public Safety to
  collect from each applicant the costs incurred by the Department of
  Public Safety in conducting the criminal history check.
         SECTION 1.067.  Section 401.305, Occupations Code, is
  amended to read as follows:
         Sec. 401.305.  EXAMINATION. (a)  To obtain a license, an
  applicant must:
               (1)  pass an [a validated] examination approved by the
  commission by rule [board]; and
               (2)  pay fees in a manner prescribed by the commission
  by rule [board].
         (b)  The department [board] shall[:
               [(1)]  administer an examination at least twice each
  year.
         (b-1)  The commission by rule shall[;
               [(2)]  determine standards for acceptable performance
  on the examination[; and
               [(3)     maintain a record of all examination scores for
  at least two years after the date of examination].
         (c)  The commission [board] by rule may:
               (1)  establish procedures for the administration of the
  examination; and
               (2)  require a written or oral examination, or both.
         (d)  The commission by rule [board] may require the
  examination of [examine] an applicant in any theoretical or applied
  field of speech-language pathology or audiology it considers
  appropriate. The commission by rule [board] may require the
  examination of [examine] an applicant on professional skills and
  judgment in the use of speech-language pathology or audiology
  techniques or methods.
         SECTION 1.068.  Section 401.307(b), Occupations Code, is
  amended to read as follows:
         (b)  An applicant who fails two examinations may not be
  reexamined until the person:
               (1)  submits a new application accompanied by a
  nonrefundable application fee; and
               (2)  presents evidence acceptable to the department 
  [board] of additional study in the area for which a license is
  sought.
         SECTION 1.069.  Section 401.308, Occupations Code, is
  amended to read as follows:
         Sec. 401.308.  PROVISIONAL LICENSE; CERTIFICATE OF CLINICAL
  COMPETENCE WAIVER. (a)  The department [board] may grant a
  provisional license to an applicant who:
               (1)  is licensed in good standing as a speech-language
  pathologist or an audiologist in another state that has licensing
  requirements that are substantially equivalent to the requirements
  of this chapter;
               (2)  has passed a national or other examination
  recognized by the department [board] relating to speech-language
  pathology or audiology; and
               (3)  is sponsored by a license holder with whom the
  provisional license holder may practice under this section.
         (b)  An applicant for a provisional license may be excused
  from the requirement of Subsection (a)(3) if the department [board]
  determines that compliance with that requirement is a hardship to
  the applicant.
         (c)  A provisional license is valid until the date the
  department [board] approves or denies the provisional license
  holder's application for a license.
         (d)  The department [board] shall issue a license under this
  chapter to a provisional license holder:
               (1)  who passes the examination required by Section
  401.305;
               (2)  for whom the department [board] verifies
  satisfaction of the academic and experience requirements for a
  license under this chapter; and
               (3)  who satisfies any other license requirements under
  this chapter.
         (e)  The department [board] shall complete the processing of
  a provisional license holder's application for a license not later
  than the 180th day after the date the provisional license is issued.
         (f)  The department [board] may waive the examination
  requirement and issue a license to an applicant who holds the
  Certificate of Clinical Competence of the American
  Speech-Language-Hearing Association.
         SECTION 1.070.  Section 401.310(a), Occupations Code, is
  amended to read as follows:
         (a)  The department [board] shall issue a temporary
  certificate of registration to an applicant who:
               (1)  satisfies the requirements of Section 401.304;
               (2)  has not previously applied to take the
  examination; and
               (3)  pays the nonrefundable application fee.
         SECTION 1.071.  Section 401.311(c), Occupations Code, is
  amended to read as follows:
         (c)  The commission [board] by rule shall:
               (1)  prescribe the terms governing a person's practice
  as an intern under this section; and
               (2)  establish general guidelines and renewal
  procedures for the holder of an intern license.
         SECTION 1.072.  Sections 401.312(a) and (b), Occupations
  Code, are amended to read as follows:
         (a)  The commission by rule [board] may establish minimum
  qualifications for licensed assistants in speech-language
  pathology and in audiology.
         (b)  A licensed assistant in speech-language pathology or in
  audiology must meet the minimum qualifications established by the
  commission [board].
         SECTION 1.073.  Section 401.351, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 401.351.  LICENSE TERM [EXPIRATION].  [(a)]  A license
  issued under this chapter is valid for two years.  [The board by
  rule may adopt a system under which licenses expire on various dates
  during the year.
         [(b)     For the year in which the license expiration date is
  changed, license fees payable on the original expiration date shall
  be prorated on a monthly basis so that each license holder pays only
  the portion of the license fee that is allocable to the number of
  months during which the license is valid. On renewal of the license
  on the new expiration date, the total license renewal fee is
  payable.]
         SECTION 1.074.  Section 401.352(a), Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (a)  Each licensed speech-language pathologist or
  audiologist must pay the nonrefundable fee for license renewal.
  [The board shall allow a 60-day grace period. After expiration of
  the grace period, the board may renew a license on payment of a
  penalty set by board rule.]
         SECTION 1.075.  Section 401.355, Occupations Code, is
  amended to read as follows:
         Sec. 401.355.  CONTINUING EDUCATION. (a)  The commission by
  rule [board] shall establish uniform mandatory continuing
  education requirements. A license holder may not renew the
  person's license unless the person meets the continuing education
  requirements.
         (b)  The commission [board] shall establish the requirements
  in a manner that allows a license holder to comply without an
  extended absence from the license holder's county of residence.
         SECTION 1.076.  Section 401.401(c), Occupations Code, is
  amended to read as follows:
         (c)  The commission [board] shall adopt rules necessary to
  enforce this section.
         SECTION 1.077.  Section 401.403(b), Occupations Code, is
  amended to read as follows:
         (b)  A person who meets the requirements of this chapter for
  licensing as an audiologist or audiologist intern and who fits and
  dispenses hearing instruments must:
               (1)  register with the department [board] the person's
  intention to fit and dispense hearing instruments;
               (2)  comply with the profession's code of ethics;
               (3)  comply with the federal Food and Drug
  Administration guidelines for fitting and dispensing hearing
  instruments;
               (4)  when providing services in this state, use a
  written contract that contains the department's [board's] name,
  mailing address, and telephone number; and
               (5)  follow the guidelines adopted by commission
  [board] rule for a 30-day trial period on every hearing instrument
  purchased.
         SECTION 1.078.  Section 401.451(a), Occupations Code, is
  amended to read as follows:
         (a)  After a hearing, the commission or executive director
  [board] may deny a license to an applicant or may suspend or revoke
  a person's license or place on probation a license holder if the
  applicant or license holder:
               (1)  violates this chapter or an order issued or rule
  adopted under this chapter [of the board];
               (2)  obtains a license by means of fraud,
  misrepresentation, or concealment of a material fact;
               (3)  sells, barters, or offers to sell or barter a
  license or certificate of registration; or
               (4)  engages in unprofessional conduct that:
                     (A)  endangers or is likely to endanger the
  health, welfare, or safety of the public as defined by commission
  [board] rule; or
                     (B)  violates the code of ethics adopted and
  published by the commission [board].
         SECTION 1.079.  Section 401.453(a), Occupations Code, is
  amended to read as follows:
         (a)  The commission or department [board] may deny a license
  or may suspend or revoke a license if the applicant or license
  holder has been convicted of a misdemeanor involving moral
  turpitude or a felony. The commission or department [board] may
  take action authorized by this section when:
               (1)  the time for appeal of the person's conviction has
  elapsed;
               (2)  the judgment or conviction has been affirmed on
  appeal; or
               (3)  an order granting probation is made suspending the
  imposition of the person's sentence, without regard to whether a
  subsequent order:
                     (A)  allows a withdrawal of a plea of guilty;
                     (B)  sets aside a verdict of guilty; or
                     (C)  dismisses an information or indictment.
         SECTION 1.080.  Section 401.5021, Occupations Code, is
  amended to read as follows:
         Sec. 401.5021.  [BOARD-ORDERED] REFUND.  The commission or
  executive director [board] may order an audiologist to pay a refund
  to a consumer who returns a hearing instrument during the 30-day
  trial period required by rules adopted under Section 401.2021.
         SECTION 1.081.  Section 401.552(a), Occupations Code, is
  amended to read as follows:
         (a)  The amount of an [the] administrative penalty imposed
  for a violation of this chapter or a rule adopted or order issued
  under this chapter may not be less than $50 or more than $5,000 for
  each violation. Each day a violation continues or occurs is a
  separate violation for the purpose of imposing a penalty.
         SECTION 1.082.  Section 402.001, Occupations Code, is
  amended by amending Subdivisions (2), (3), and (6), amending
  Subdivision (3-a), as added by S.B. 219, Acts of the 84th
  Legislature, Regular Session, 2015, and adding Subdivision (1) to
  read as follows:
               (1)  "Advisory board" means the Hearing Instrument
  Fitters and Dispensers Advisory Board.
               (2)  "Commission" ["Committee"] means the Texas
  Commission of Licensing and Regulation [State Committee of
  Examiners in the Fitting and Dispensing of Hearing Instruments].
               (3)  "Department" means the Texas Department of
  Licensing and Regulation [State Health Services].
               (3-a)  "Executive director [commissioner]" means the
  executive director [commissioner] of the department [Health and
  Human Services Commission].
               (6)  "License" means a license issued by the department
  [committee] under this chapter to a person authorized to fit and
  dispense hearing instruments.
         SECTION 1.083.  The heading to Subchapter B, Chapter 402,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER B.  HEARING INSTRUMENT FITTERS AND DISPENSERS ADVISORY
  BOARD [STATE COMMITTEE OF EXAMINERS IN THE FITTING AND DISPENSING
  OF HEARING INSTRUMENTS]
         SECTION 1.084.  Section 402.051, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 402.051.  ADVISORY BOARD [COMMITTEE;] MEMBERSHIP.
  (a)  The advisory board [State Committee of Examiners in the
  Fitting and Dispensing of Hearing Instruments is part of the
  department and] consists of nine members appointed by the presiding
  officer of the commission [governor] with the approval [advice and
  consent] of the commission [senate] as follows:
               (1)  six members licensed under this chapter who have
  been residents of this state actually engaged in fitting and
  dispensing hearing instruments for at least five years preceding
  appointment, not more than one of whom may be licensed under Chapter
  401;
               (2)  one member who is actively practicing as a
  physician licensed by the Texas Medical Board and who:
                     (A)  has been a resident of this state for at least
  two years preceding appointment;
                     (B)  is a citizen of the United States; and
                     (C)  specializes in the practice of
  otolaryngology; and
               (3)  two members of the public.
         (b)  Appointments to the advisory board [committee] shall be
  made without regard to the race, creed, sex, religion, or national
  origin of the appointee.
         SECTION 1.085.  Subchapter B, Chapter 402, Occupations Code,
  is amended by adding Section 402.0511 to read as follows:
         Sec. 402.0511.  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.
         SECTION 1.086.  Section 402.055, Occupations Code, is
  amended to read as follows:
         Sec. 402.055.  TERMS; VACANCIES. (a)  Members of the
  advisory board [committee] serve staggered six-year terms. The
  terms of three members expire on February 1 of each odd-numbered
  year.
         (b)  If a vacancy occurs during a member's term, 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 [A
  member who has served two full consecutive terms on the committee is
  not eligible for reappointment to the committee for the 12 months
  following the expiration of the second full term].
         [(c)     In the event of the death, resignation, or removal of a
  member, the governor shall fill the vacancy of the unexpired term in
  the same manner as other appointments.]
         SECTION 1.087.  Section 402.057, Occupations Code, is
  amended to read as follows:
         Sec. 402.057.  PRESIDING OFFICER [OFFICERS]. [(a)]  The
  presiding officer of the commission [governor] shall designate a
  member of the advisory board to serve [committee] as the presiding
  officer of the advisory board for a term of [committee to serve in
  that capacity at the will of the governor.
         [(b)  The term of office as an officer of the committee is]
  one year. The presiding officer of the advisory board may vote on
  any matter before the advisory board.
         SECTION 1.088.  Section 402.058, Occupations Code, is
  amended to read as follows:
         Sec. 402.058.  MEETINGS. [(a)]  The advisory board
  [committee] shall meet [hold regular meetings at least twice a
  year.
         [(b)  A special meeting of the committee shall be held] at
  the call of the presiding officer of the commission or the executive
  director [a majority of the members].
         SECTION 1.089.  The heading to Subchapter C, Chapter 402,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER C.  [COMMITTEE] POWERS AND DUTIES
         SECTION 1.090.  Section 402.101, Occupations Code, is
  amended to read as follows:
         Sec. 402.101.  GENERAL POWERS AND DUTIES. (a)  The
  executive director [With the assistance of the department, the
  committee] shall[:
               [(1)]  administer[, coordinate,] and enforce this
  chapter.
         (b)  The department shall:
               (1)  [;
               [(2)]  evaluate the qualifications of applicants;
               (2) [(3)]  examine applicants; and
               (3) [(4)]  in connection with a hearing under this
  chapter [Section 402.502], issue subpoenas, examine witnesses, and
  administer oaths under the laws of this state[; and
               [(5)     conduct hearings and keep records and minutes
  necessary to the orderly administration of this chapter].
         SECTION 1.091.  Section 402.1021, Occupations Code, is
  amended to read as follows:
         Sec. 402.1021.  [JOINT] RULES FOR HEARING INSTRUMENTS.  With
  the assistance of the advisory board and the Speech-Language
  Pathologists and Audiologists Advisory Board [department], the
  commission [committee and the State Board of Examiners for
  Speech-Language Pathology and Audiology] shall [jointly] adopt
  rules to establish requirements for each sale of a hearing
  instrument for purposes of this chapter and Chapter 401.  The rules
  must:
               (1)  address:
                     (A)  the information and other provisions
  required in each written contract for the purchase of a hearing
  instrument;
                     (B)  records that must be retained under this
  chapter or Chapter 401; and
                     (C)  guidelines for the 30-day trial period during
  which a person may cancel the purchase of a hearing instrument; and
               (2)  require that the written contract and 30-day trial
  period information provided to a purchaser of a hearing instrument
  be in plain language designed to be easily understood by the average
  consumer.
         SECTION 1.092.  Section 402.1023, Occupations Code, is
  amended to read as follows:
         Sec. 402.1023.  [JOINT] RULES FOR FITTING AND DISPENSING OF
  HEARING INSTRUMENTS BY TELEPRACTICE.  (a)  In this section,
  "telepractice" means the use of telecommunications technology by a
  license holder for the fitting and dispensing of hearing
  instruments.
         (b)  With the assistance of the advisory board and the
  Speech-Language Pathologists and Audiologists Advisory Board
  [department], the commission [committee and the State Board of
  Examiners for Speech-Language Pathology and Audiology] shall
  [jointly] adopt rules to establish requirements for the fitting and
  dispensing of hearing instruments by the use of telepractice for
  purposes of this chapter and Chapter 401, including rules that
  establish the qualifications and duties of license holders who use
  telepractice.
         SECTION 1.093.  The heading to Section 402.103, Occupations
  Code, is amended to read as follows:
         Sec. 402.103.  FALSE, MISLEADING, OR DECEPTIVE [RULES
  RESTRICTING] ADVERTISING [OR COMPETITIVE BIDDING].
         SECTION 1.094.  Section 402.103(c), Occupations Code, is
  amended to read as follows:
         (c)  For purposes of Section 51.204, an [An] advertisement is
  false, misleading, or deceptive if the advertisement:
               (1)  contains a misrepresentation of fact;
               (2)  contains a false statement as to the license
  holder's professional achievements, education, skills, or
  qualifications in the hearing instrument dispensing profession;
               (3)  makes a partial disclosure of relevant fact,
  including the advertisement of:
                     (A)  a discounted price of an item without
  identifying in the advertisement or at the location of the item:
                           (i)  the specific product being offered at
  the discounted price; or
                           (ii)  the usual price of the item; and
                     (B)  the price of a specifically identified
  hearing instrument, if more than one hearing instrument appears in
  the same advertisement without an accompanying price;
               (4)  contains a representation that a product
  innovation is new, if the product was first offered by the
  manufacturer to the general public in this state not less than 12
  months before the date of the advertisement;
               (5)  states that the license holder manufactures
  hearing instruments at the license holder's office location unless
  the next statement discloses that the instruments are manufactured
  by a specified manufacturer and remanufactured by the license
  holder; or
               (6)  contains any other representation, statement, or
  claim that is inherently misleading or deceptive.
         SECTION 1.095.  Sections 402.104(a) and (e), Occupations
  Code, are amended to read as follows:
         (a)  The department [committee] shall develop and maintain
  an examination that may include written, oral, or practical
  tests.  The department shall administer or arrange for the
  administration of the examination.
         (e)  The commission [committee] by rule shall establish the
  qualifications for a proctor.  The rules must:
               (1)  require a proctor to be licensed in good standing
  as a hearing instrument fitter and dispenser;
               (2)  specify the number of years a proctor must be
  licensed as a hearing instrument fitter and dispenser; and
               (3)  specify the disciplinary actions or other actions
  that disqualify a person from serving as a proctor.
         SECTION 1.096.  Section 402.152, Occupations Code, is
  amended to read as follows:
         Sec. 402.152.  COMPLAINTS. (a)  Each license or permit
  holder under this chapter shall at all times prominently display in
  the person's place of business a sign containing:
               (1)  the name, mailing address, e-mail address, and
  telephone number of the department [committee]; and
               (2)  a statement informing consumers that a complaint
  against a license or permit holder may be directed to the department
  [committee].
         (b)  Each written contract for services in this state of a
  license holder [licensed hearing instrument dispenser] must
  contain the department's [committee's] name, mailing address,
  e-mail address, and telephone number.
         SECTION 1.097.  The heading to Section 402.154, Occupations
  Code, is amended to read as follows:
         Sec. 402.154.  CONFIDENTIALITY OF COMPLAINT AND
  DISCIPLINARY INFORMATION [INVESTIGATION; SUBPOENA].
         SECTION 1.098.  Section 402.154, Occupations Code, is
  amended by amending Subsection (h), as amended by S.B. 219, Acts of
  the 84th Legislature, Regular Session, 2015, and Subsection (i) to
  read as follows:
         (h)  All information and materials subpoenaed or compiled by
  the department [committee] 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 [committee] or its
  agents or employees who are involved in discipline of the holder of
  a license, except that this information may be disclosed to:
               (1)  persons involved with the department [committee]
  in a disciplinary action against the holder of a license;
               (2)  professional licensing or disciplinary boards for
  the fitting and dispensing of hearing instruments in other
  jurisdictions;
               (3)  peer assistance programs approved by the
  commission [executive commissioner] under Chapter 467, Health and
  Safety Code;
               (4)  law enforcement agencies; and
               (5)  persons engaged in bona fide research, if all
  individual-identifying information has been deleted.
         (i)  The filing of formal charges by the department
  [committee] against a holder of a license, the nature of those
  charges, disciplinary proceedings of the department, commission,
  or executive director [committee], and final disciplinary actions,
  including warnings and reprimands, by the department, commission,
  or executive director [committee] are not confidential and are
  subject to disclosure in accordance with Chapter 552, Government
  Code.
         SECTION 1.099.  Section 402.202(a), Occupations Code, is
  amended to read as follows:
         (a)  To engage in fitting and dispensing hearing instruments
  in this state a person must pass an examination required by the
  department [committee].
         SECTION 1.100.  Sections 402.203(a) and (c), Occupations
  Code, are amended to read as follows:
         (a)  An applicant for examination must:
               (1)  apply to the department in the manner and
  [committee] on a form prescribed [provided] by the executive
  director [committee];
               (2)  provide [on the form]:
                     (A)  documentation [sworn evidence] that the
  applicant is at least 18 years of [has attained the] age [of
  majority] and has graduated from an accredited high school or
  equivalent; and
                     (B)  other information determined necessary by
  the department [committee]; and
               (3)  pay any required fees for application and
  examination.
         (c)  The department [committee] may refuse to examine an
  applicant who has been convicted of a misdemeanor that involves
  moral turpitude or a felony.
         SECTION 1.101.  Section 402.205(b), Occupations Code, is
  amended to read as follows:
         (b)  An examination shall be conducted in writing and by
  other means the department [committee] determines adequate to
  ascertain the qualifications of applicants.
         SECTION 1.102.  Section 402.207, Occupations Code, is
  amended to read as follows:
         Sec. 402.207.  ISSUANCE OF APPRENTICE PERMIT. (a)  The
  department [committee] shall issue an apprentice permit to fit and
  dispense hearing instruments to a temporary training permit holder
  who has:
               (1)  passed all parts of the examination with a score of
  70 percent or greater;
               (2)  paid the required fees; and
               (3)  met all requirements of this chapter.
         (b)  An apprentice permit is valid for one year. The
  department [committee] may extend the apprentice permit for an
  additional period not to exceed one year [six months].
         (c)  An apprentice permit holder shall work under the
  supervision of a license holder [licensed hearing instrument
  dispenser] for at least one year.  During the apprentice year, the
  apprentice permit holder shall complete 20 hours of classroom
  continuing education as required by Section 402.303 for a license
  holder.
         SECTION 1.103.  Section 402.208, Occupations Code, is
  amended to read as follows:
         Sec. 402.208.  ISSUANCE OF LICENSE. The department
  [committee] shall issue a [hearing instrument dispenser's] license
  to an apprentice permit holder when the department [committee] has
  received sufficient evidence that the apprentice permit holder has
  met all the licensing requirements of this chapter.
         SECTION 1.104.  Sections 402.209(a), (c), (e), (f), and (i),
  Occupations Code, are amended to read as follows:
         (a)  A person licensed to fit and dispense hearing
  instruments in another state may apply for a license under this
  chapter by submitting a completed [an] application on a form
  prescribed by the department [committee].
         (c)  An applicant for a license under this section shall
  provide as part of the application:
               (1)  written verification that the applicant is
  licensed in good standing as a fitter and dispenser of hearing
  instruments in another state and has held the license for at least
  three years preceding the date of application;
               (2)  written verification that:
                     (A)  the requirements to obtain a license to fit
  and dispense hearing instruments in the state in which the
  applicant is licensed include passing an examination approved by
  the commission [committee] by rule; or
                     (B)  the applicant holds a certification from a
  professional organization approved by the commission [committee]
  by rule;
               (3)  a written statement from the licensing entity in
  the state in which the applicant is licensed that details any
  disciplinary action taken by the entity against the applicant; and
               (4)  a statement of the applicant's criminal history
  acceptable to the department [committee].
         (e)  If the department approves an application, on the next
  regularly scheduled examination date the applicant may take the
  practical section of the examination required under Section 402.202
  and a written examination of Texas law administered by the
  department.  If the applicant passes the examinations required
  under this section, the department [committee] shall issue to the
  applicant a license under this chapter.
         (f)  The department may allow an applicant under this section
  who satisfies all application requirements other than the
  requirement under Subsection (c)(2) to take all sections of the
  examination required under Section 402.202.  If the applicant
  passes the examination, the department [committee] shall issue to
  the applicant a license under this chapter.
         (i)  The department [committee] may not issue a license under
  this section to an applicant who is a licensed audiologist in
  another state. The department [committee] shall inform [refer] the
  applicant of [to] the licensing requirements of Chapter 401 [State
  Board of Examiners for Speech-Language Pathology and Audiology].
         SECTION 1.105.  Section 402.210, Occupations Code, is
  amended to read as follows:
         Sec. 402.210.  CRIMINAL HISTORY RECORD INFORMATION
  REQUIREMENT FOR LICENSE ISSUANCE. (a)  The department [committee]
  shall require that an applicant for a license submit a complete and
  legible set of fingerprints, on a form prescribed by the department
  [committee], to the department [committee] or to the Department of
  Public Safety for the purpose of obtaining criminal history record
  information from the Department of Public Safety and the Federal
  Bureau of Investigation.
         (b)  The department [committee] may not issue a license to a
  person who does not comply with the requirement of Subsection (a).
         (c)  The department [committee] shall conduct a criminal
  history check of each applicant for a license using information:
               (1)  provided by the individual under this section; and
               (2)  made available to the department [committee] by
  the Department of Public Safety, the Federal Bureau of
  Investigation, and any other criminal justice agency under Chapter
  411, Government Code.
         (d)  The department [on behalf of the committee] may:
               (1)  enter into an agreement with the Department of
  Public Safety to administer a criminal history check required under
  this section; and
               (2)  authorize the Department of Public Safety to
  collect from each applicant the costs incurred by the Department of
  Public Safety in conducting the criminal history check.
         SECTION 1.106.  Section 402.251, Occupations Code, is
  amended to read as follows:
         Sec. 402.251.  TEMPORARY TRAINING PERMIT QUALIFICATIONS.
  (a)  The department [committee] shall issue a temporary training
  permit to a person who:
               (1)  has never taken the examination administered under
  this chapter;
               (2)  possesses the qualifications required under
  Section 402.203(a);
               (3)  submits a written application on a form prescribed
  [provided] by the department [committee] furnishing documentation
  [sworn evidence] that the applicant satisfies the requirements of
  Subdivisions (1) and (2); and
               (4)  pays any required [the temporary training permit]
  fee.
         (b)  The department [committee] may issue a new temporary
  training permit under this section to a person on or after the 365th
  day after the person's previous temporary training permit expired.
         SECTION 1.107.  Section 402.252, Occupations Code, is
  amended to read as follows:
         Sec. 402.252.  SUPERVISION STATEMENT [AFFIDAVIT]. (a)  An
  application for a temporary training permit must be accompanied by
  the statement [affidavit] of a person licensed to fit and dispense
  hearing instruments under this chapter or Chapter 401, other than a
  person licensed under Section 401.311 or 401.312.
         (b)  The statement must be on a form prescribed by the
  department and [affidavit must] state that:
               (1)  the person will supervise the applicant[, if
  granted a temporary training permit, will be supervised by the
  affiant] in all work done by the applicant under the temporary
  training permit;
               (2)  the person [affiant] will notify the department
  [committee] not later than the 10th day after the date of the
  applicant's termination of supervision by the person [affiant]; and
               (3)  if the person [affiant] is licensed under Chapter
  401, the person [affiant] will comply with all provisions of this
  chapter and rules adopted under this chapter that relate to the
  supervision and training of a temporary training permit holder.
         SECTION 1.108.  Sections 402.253(b) and (c), Occupations
  Code, are amended to read as follows:
         (b)  A temporary training permit automatically expires on
  the first anniversary of the date of issuance unless the department
  [committee] extends the permit for an additional period not to
  exceed one year [six months].
         (c)  The department [committee] may not extend a temporary
  training permit more than once.
         SECTION 1.109.  Section 402.254(a), Occupations Code, is
  amended to read as follows:
         (a)  The commission by rule [committee] shall establish
  formal and practical education guidelines for the training of
  temporary training permit holders.
         SECTION 1.110.  Section 402.255(d), Occupations Code, is
  amended to read as follows:
         (d)  The supervisor shall maintain a log of the contact hours
  by practicum category on a form prescribed [provided] by the
  department [committee]. After the temporary training permit holder
  has completed 150 contact hours, the supervisor and the permit
  holder shall sign the form, and the form shall be notarized and
  mailed to the department [committee].
         SECTION 1.111.  Section 402.256, Occupations Code, is
  amended to read as follows:
         Sec. 402.256.  AUTHORITY OF TEMPORARY TRAINING PERMIT
  HOLDER. (a)  A temporary training permit holder may provide
  routine fitting and dispensing of hearing instruments that have
  [has] been ordered by the supervisor. The supervisor is the sole
  judge of whether the permit holder has the qualifications necessary
  to perform routine fitting and dispensing. A supervisor is
  accountable to the department [committee] for the actions and
  misdeeds of a temporary training permit holder acting at the
  supervisor's discretion.
         (b)  A temporary training permit holder may not:
               (1)  own, manage, or independently operate a business
  that engages in the fitting or sale of hearing instruments; or
               (2)  advertise or otherwise represent that the permit
  holder holds a license under this chapter [as a hearing instrument
  dispenser].
         SECTION 1.112.  Sections 402.257(a), (c), and (d),
  Occupations Code, are amended to read as follows:
         (a)  On the request of a supervisor or temporary training
  permit holder, the department [committee] may approve a transfer of
  a permit holder from the permit holder's supervisor to another
  eligible supervisor before completion of the training.
         (c)  The department [committee] may approve a second
  transfer request before completion of the training only under
  exceptional circumstances. The department [committee] may not
  approve more than two transfers.
         (d)  If a transfer is approved, credit may be transferred at
  the discretion of the department [committee].
         SECTION 1.113.  Sections 402.301(a) and (f), Occupations
  Code, are amended to read as follows:
         (a)  A license under this chapter is valid for two years.  The
  department [committee] shall renew the license every two years on
  payment of the renewal fee unless the license is suspended or
  revoked.
         (f)  The department [committee] may not renew a license
  unless the license holder provides proof that all equipment that is
  used by the license holder to produce a measurement in the testing
  of hearing acuity has been properly calibrated or certified by a
  qualified technician.
         SECTION 1.114.  Sections 402.303(a), (b), (c), (d), and
  (e-1), Occupations Code, are amended to read as follows:
         (a)  The commission [committee] by rule shall adopt
  requirements for the continuing education of a license holder,
  including online continuing education requirements and a
  requirement that a license holder complete 20 hours of continuing
  education every two years.  The department [committee] may not
  renew a license unless the license holder demonstrates compliance
  with the continuing education requirements established by the
  commission by rule [committee].
         (b)  A license holder shall provide written proof of
  attendance or completion of an approved course on a form prescribed
  by the department [committee].
         (c)  The department [committee] may waive compliance with
  the continuing education requirement for license renewal for a
  license holder who provides evidence of hardship or inability to
  meet the requirement. The waiver may be granted after review by the
  department [committee] on an annual basis.
         (d)  The commission [committee] shall adopt rules to
  establish reasonable requirements for continuing education
  sponsors and courses and to clearly define what constitutes a
  manufacturer or nonmanufacturer sponsor.  The department shall
  review and approve continuing education sponsor and course
  applications.  The department may request assistance from licensed
  members of the advisory board [committee] in approving a sponsor or
  course.  The department must provide a list of approved continuing
  education sponsors and continuing education courses, including
  online courses.  The list must be revised and updated periodically.  
  Any continuing education activity must be provided by an approved
  sponsor.  The department shall approve at least five hours of
  specific courses each year.
         (e-1)  The department [committee] must allow a license
  holder to report at least 10 hours of online continuing education
  credit hours in a single reporting period.
         SECTION 1.115.  Section 402.304(b), Occupations Code, is
  amended to read as follows:
         (b)  A license holder may be credited with continuing
  education credit hours for a published book or article written by
  the license holder that contributes to the license holder's
  professional competence.  The department [continuing education
  committee] may grant credit hours based on the degree to which the
  published book or article advances knowledge regarding the fitting
  and dispensing of hearing instruments.  A license holder may claim
  in a reporting period not more than five credit hours for
  preparation of a publication.
         SECTION 1.116.  Section 402.305, Occupations Code, is
  amended to read as follows:
         Sec. 402.305.  CONTINUING EDUCATION EXEMPTIONS.  The
  department [committee] may renew the license of a license holder
  who does not comply with the continuing education requirements of
  Section [Sections] 402.303 or 402.304 if the license holder:
               (1)  was licensed for the first time during the 24
  months before the reporting date;
               (2)  has served in the regular armed forces of the
  United States during part of the 24 months before the reporting
  date; or
               (3)  submits proof from an attending physician that the
  license holder suffered a serious or disabling illness or physical
  disability that prevented compliance with the continuing education
  requirements during the 24 months before the reporting date.
         SECTION 1.117.  Section 402.306, Occupations Code, is
  amended to read as follows:
         Sec. 402.306.  DUPLICATE LICENSE. The department
  [committee] shall issue a duplicate license to a license holder
  whose license has been lost or destroyed. The department
  [committee] may prescribe the procedure and requirements for
  issuance of a duplicate license.
         SECTION 1.118.  Section 402.351, Occupations Code, is
  amended to read as follows:
         Sec. 402.351.  DISPLAY OF LICENSE. A person engaged in
  fitting and dispensing hearing instruments shall display the
  person's license in a conspicuous place in the person's principal
  office and, when required, shall exhibit the license to the
  department [committee] or its authorized representative.
         SECTION 1.119.  Section 402.353(c), Occupations Code, is
  amended to read as follows:
         (c)  The commission [committee] shall adopt rules necessary
  to enforce this section.
         SECTION 1.120.  Section 402.401, Occupations Code, is
  amended to read as follows:
         Sec. 402.401.  TRIAL PERIOD. The commission by rule
  [committee] shall establish guidelines for a 30-day trial period
  during which a person may cancel the purchase of a hearing
  instrument.
         SECTION 1.121.  Section 402.403, Occupations Code, is
  amended to read as follows:
         Sec. 402.403.  WRITTEN CONTRACT. The owner of a hearing
  instrument fitting and dispensing practice shall ensure that each
  client receives a written contract at the time of purchase of a
  hearing instrument that contains:
               (1)  the signature of the license holder who dispensed
  the hearing instrument;
               (2)  the printed name of the license holder who
  dispensed the hearing instrument;
               (3)  the address of the principal office of the license
  holder who dispensed the hearing instrument;
               (4)  the license number of the license holder who
  dispensed the hearing instrument;
               (5)  a description of the make and model of the hearing
  instrument;
               (6)  the amount charged for the hearing instrument;
               (7)  a statement of whether the hearing instrument is
  new, used, or rebuilt;
               (8)  notice of the 30-day trial period under Section
  402.401; and
               (9)  the name, mailing address, e-mail address, and
  telephone number of the department [committee].
         SECTION 1.122.  Section 402.404, Occupations Code, is
  amended to read as follows:
         Sec. 402.404.  SURETY BONDING. (a)  A sole proprietor,
  partnership, corporation, or other legal entity engaged in the
  fitting and dispensing of hearing instruments shall file with the
  department [committee] security in a form provided by Subsection
  (b) in the amount of $10,000 and conditioned on the promise to pay
  all:
               (1)  taxes and contributions owed to the state and
  political subdivisions of the state by the entity; and
               (2)  judgments that the entity may be required to pay
  for:
                     (A)  negligently or improperly dispensing hearing
  instruments; or
                     (B)  breaching a contract relating to the
  dispensing of hearing instruments.
         (b)  The security may be a bond, a cash deposit, or another
  negotiable security acceptable to the department [committee].
         (c)  A bond required by this section remains in effect until
  canceled by action of the surety, the principal, or the department
  [committee]. A person must take action on the bond not later than
  the third anniversary of the date the bond is canceled.
         SECTION 1.123.  Section 402.451(a), Occupations Code, is
  amended to read as follows:
         (a)  A person may not:
               (1)  buy, sell, or fraudulently obtain a license or aid
  another person to do so;
               (2)  alter a license with the intent to defraud;
               (3)  wilfully make a false statement in an application
  to the department [committee] for a license, a temporary training
  permit, or the renewal of a license;
               (4)  falsely impersonate a license holder;
               (5)  engage in the fitting and dispensing of hearing
  instruments when the person's license is suspended or revoked;
               (6)  dispense or fit a hearing instrument on a person
  who has ordered the hearing instrument or device by mail unless the
  person dispensing or fitting is a license holder under this chapter
  or under Chapter 401; or
               (7)  sell a hearing instrument by mail.
         SECTION 1.124.  Section 402.501, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 402.501.  GROUNDS FOR LICENSE DENIAL AND DISCIPLINARY
  ACTION. The commission or executive director [committee] may
  refuse to issue or renew a license, revoke or suspend a license or
  permit, place on probation a person whose license or permit has been
  suspended, or reprimand a license or permit holder who:
               (1)  makes a material misstatement in furnishing
  information to the department [committee] or to another state or
  federal agency;
               (2)  violates this chapter or a rule adopted under this
  chapter;
               (3)  is convicted of a felony or misdemeanor that
  includes dishonesty as an essential element or of a crime directly
  related to the practice of fitting and dispensing hearing
  instruments;
               (4)  makes a misrepresentation for the purpose of
  obtaining or renewing a license, including falsifying the
  educational requirements under this chapter;
               (5)  is professionally incompetent or engages in
  malpractice or dishonorable, unethical, or unprofessional conduct
  that is likely to deceive, defraud, or harm the public;
               (6)  aids or assists another person in violating this
  chapter or a rule adopted under this chapter;
               (7)  does not provide information in response to a
  written request made by the department within 60 days;
               (8)  directly or indirectly knowingly employs, hires,
  procures, or induces a person not licensed under this chapter to fit
  and dispense hearing instruments unless the person is exempt under
  this chapter;
               (9)  aids a person not licensed under this chapter in
  the fitting or dispensing of hearing instruments unless the person
  is exempt under this chapter;
               (10)  is habitually intoxicated or addicted to a
  controlled substance;
               (11)  directly or indirectly gives to or receives from
  a person a fee, commission, rebate, or other form of compensation
  for a service not actually provided;
               (12)  violates a term of probation;
               (13)  wilfully makes or files a false record or report;
               (14)  has a physical illness that results in the
  inability to practice the profession with reasonable judgment,
  skill, or safety, including the deterioration or loss of motor
  skills through aging;
               (15)  solicits a service by advertising that is false
  or misleading;
               (16)  participates in subterfuge or misrepresentation
  in the fitting or dispensing of a hearing instrument;
               (17)  knowingly advertises for sale a model or type of
  hearing instrument that cannot be purchased;
               (18)  falsely represents that the service of a licensed
  physician or other health professional will be used or made
  available in the fitting, adjustment, maintenance, or repair of a
  hearing instrument;
               (19)  falsely uses the term "doctor," "audiologist,"
  "clinic," "clinical audiologist," "state licensed," "state
  certified," "licensed hearing instrument dispenser," "board
  certified hearing instrument specialist," "hearing instrument
  specialist," or "certified hearing aid audiologist," or uses any
  other term, abbreviation, or symbol that falsely gives the
  impression that:
                     (A)  a service is being provided by a person who is
  licensed or has been awarded a degree or title; or
                     (B)  the person providing a service has been
  recommended by a government agency or health provider;
               (20)  advertises a manufacturer's product or uses a
  manufacturer's name or trademark in a way that implies a
  relationship between a license or permit holder and a manufacturer
  that does not exist;
               (21)  directly or indirectly gives or offers to give,
  or permits or causes to be given, money or another thing of value to
  a person who advises others in a professional capacity as an
  inducement to influence the person to influence the others to:
                     (A)  purchase or contract to purchase products
  sold or offered for sale by the license or permit holder; or
                     (B)  refrain from purchasing or contracting to
  purchase products sold or offered for sale by another license or
  permit holder under this chapter;
               (22)  with fraudulent intent fits and dispenses a
  hearing instrument under any name, including a false name or alias;
               (23)  does not adequately provide for the service or
  repair of a hearing instrument fitted and sold by the license
  holder; or
               (24)  violates a regulation of the federal Food and
  Drug Administration or the Federal Trade Commission relating to
  hearing instruments.
         SECTION 1.125.  The heading to Section 402.551, Occupations
  Code, is amended to read as follows:
         Sec. 402.551.  AMOUNT OF ADMINISTRATIVE PENALTY.
         SECTION 1.126.  Section 402.551(b), Occupations Code, is
  amended to read as follows:
         (b)  The amount of an [the] administrative penalty imposed
  for a violation of this chapter or a rule adopted or order issued
  under this chapter may not exceed $250 plus costs for the first
  violation and $1,000 plus costs for each subsequent violation.
         SECTION 1.127.  Section 402.5521, Occupations Code, is
  amended to read as follows:
         Sec. 402.5521.  [COMMITTEE-ORDERED] REFUND FOR HEARING
  INSTRUMENT.  The commission or executive director [committee] may
  order a license holder to pay a refund to a consumer who returns a
  hearing instrument during the 30-day trial period required by rules
  adopted under Section 402.1021.
         SECTION 1.128.  Section 402.553(a), Occupations Code, is
  amended to read as follows:
         (a)  A person who violates this chapter or a rule adopted or
  order issued [adopted by the committee] under this chapter is
  liable for a civil penalty not to exceed $5,000 a day.
         SECTION 1.129.  Section 403.001, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended by adding Subdivision (1) and amending
  Subdivisions (2) and (3) to read as follows:
               (1)  "Commission" means the Texas Commission of
  Licensing and Regulation.
               (2)  "Department" means the Texas Department of
  Licensing and Regulation [State Health Services].
               (3)  "Executive director" [commissioner"] means the
  executive director [commissioner] of the department [Health and
  Human Services Commission].
         SECTION 1.130.  Section 403.051, Occupations Code, is
  amended to read as follows:
         Sec. 403.051.  ADVISORY COMMITTEE. The department shall
  appoint an advisory committee to provide advice and recommendations
  to [advise] the department on technical matters relevant to the
  administration of [in administering] this chapter.
         SECTION 1.131.  Subchapter B, Chapter 403, Occupations Code,
  is amended by adding Section 403.0511 to read as follows:
         Sec. 403.0511.  GENERAL POWERS AND DUTIES. The executive
  director shall administer and enforce this chapter. 
         SECTION 1.132.  Section 403.052, Occupations Code, is
  amended to read as follows:
         Sec. 403.052.  STANDARDS OF ETHICAL PRACTICE [RULES]. The
  commission [executive commissioner] shall adopt rules [necessary
  to administer and enforce this chapter, including rules] that
  establish standards of ethical practice.
         SECTION 1.133.  Section 403.103(a), Occupations Code, is
  amended to read as follows:
         (a)  A license applicant must apply to the department on a
  form and in the manner prescribed by the executive director [the
  department prescribes].
         SECTION 1.134.  The heading to Section 403.107, Occupations
  Code, is amended to read as follows:
         Sec. 403.107.  EXAMINATION[; RULES].
         SECTION 1.135.  Section 403.107(a), Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (a)  To obtain a license, an applicant must:
               (1)  pass a written examination approved by the
  department under Subsection (b); and
               (2)  pay the required fees [set by the executive
  commissioner by rule].
         SECTION 1.136.  Sections 403.152(a) and (b), Occupations
  Code, are amended to read as follows:
         (a)  A license holder's license may not be renewed unless the
  license holder meets the continuing education requirements
  established by the commission by rule [executive commissioner].
         (b)  The commission [executive commissioner], in
  consultation with the advisory committee, shall establish the
  continuing education requirements in a manner that allows a license
  holder to comply without an extended absence from the license
  holder's county of residence.
         SECTION 1.137.  The heading to Subchapter E, Chapter 403,
  Occupations Code, is amended to read as follows:
         SUBCHAPTER E.  LICENSE DENIAL; [COMPLAINT AND] DISCIPLINARY
  PROCEDURES
         SECTION 1.138.  Section 403.202, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 403.202.  PROHIBITED ACTIONS. A license holder may
  not:
               (1)  obtain a license by means of fraud,
  misrepresentation, or concealment of a material fact;
               (2)  sell, barter, or offer to sell or barter a license;
  or
               (3)  engage in unprofessional conduct that endangers or
  is likely to endanger the health, welfare, or safety of the public
  as defined by commission [department] rule.
         SECTION 1.139.  Section 403.203, Occupations Code, is
  amended to read as follows:
         Sec. 403.203.  GROUNDS FOR DISCIPLINARY ACTION. If a
  license holder violates this chapter or a rule or code of ethics
  adopted by the commission [executive commissioner], the commission
  or executive director [department] shall:
               (1)  revoke or suspend the license;
               (2)  place on probation the person if the person's
  license has been suspended;
               (3)  reprimand the license holder; or
               (4)  refuse to renew the license.
         SECTION 1.140.  Section 403.204(a), Occupations Code, is
  amended to read as follows:
         (a)  The commission or executive director [department] may
  deny a license or may suspend or revoke a license if the applicant
  or license holder has been convicted of a misdemeanor involving
  moral turpitude or a felony.  The commission or executive director
  [department] may take action authorized by this section when:
               (1)  the time for appeal of the person's conviction has
  elapsed;
               (2)  the judgment or conviction has been affirmed on
  appeal; or
               (3)  an order granting probation is made suspending the
  imposition of the person's sentence, without regard to whether a
  subsequent order:
                     (A)  allows withdrawal of a plea of guilty;
                     (B)  sets aside a verdict of guilty; or
                     (C)  dismisses an information or indictment.
         SECTION 1.141.  Section 403.207(a), Occupations Code, is
  amended to read as follows:
         (a)  The commission [executive commissioner], in
  consultation with the advisory committee, by rule shall adopt a
  broad schedule of sanctions for a violation of this chapter.
         SECTION 1.142.  Section 403.209, Occupations Code, is
  amended to read as follows:
         Sec. 403.209.  MONITORING OF LICENSE HOLDER. (a)  The
  commission [executive commissioner] by rule shall develop a system
  for monitoring a license holder's compliance with the requirements
  of this chapter.
         (b)  Rules adopted under this section must include
  procedures to:
               (1)  monitor for compliance a license holder who is
  ordered by the commission or executive director [department] to
  perform certain acts; and
               (2)  identify and monitor license holders who represent
  a risk to the public.
         SECTION 1.143.  Section 403.212, Occupations Code, is
  amended to read as follows:
         Sec. 403.212.  REPRIMAND; CONTINUING EDUCATION. (a)  In
  addition to other disciplinary action authorized by this
  subchapter, the commission or executive director [department] may:
               (1)  issue a written reprimand to a license holder who
  violates this chapter; or
               (2)  require that a license holder who violates this
  chapter attend continuing education programs.
         (b)  The commission or executive director [department], in
  consultation with the advisory committee, may specify the number of
  hours of continuing education that must be completed by a license
  holder to fulfill the requirement of Subsection (a)(2).
         SECTION 1.144.  The heading to Subchapter F, Chapter 403,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER F.  PENALTIES [AND OTHER ENFORCEMENT PROCEDURES]
         SECTION 1.145.  Section 403.251(a), Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (a)  A person who violates this chapter or[,] a rule adopted
  [by the executive commissioner under this chapter,] or [an] order
  issued [adopted by the department] under this chapter is liable for
  a civil penalty not to exceed $500 for each occurrence.
         SECTION 1.146.  Section 451.001, Occupations Code, is
  amended by amending Subdivision (2), amending Subdivisions (5) and
  (6), as amended by S.B. 219, Acts of the 84th Legislature, Regular
  Session, 2015, and adding Subdivision (7) to read as follows:
               (2)  "Athletic trainer" means a person who practices
  athletic training, is licensed by the department [board], and may
  use the initials "LAT," "LATC," and "AT" to designate the person as
  an athletic trainer. The terms "sports trainer" and "licensed
  athletic trainer" are equivalent to "athletic trainer."
               (5)  "Commission" ["Commissioner"] means the Texas
  Commission of Licensing and Regulation [commissioner of state
  health services].
               (6)  "Department" means the Texas Department of
  Licensing and Regulation [State Health Services].
               (7)  "Executive director" means the executive director
  of the department.
         SECTION 1.147.  Section 451.003, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 451.003.  APPLICABILITY. This chapter does not apply
  to:
               (1)  a physician licensed by the Texas Medical Board;
               (2)  a dentist, licensed under the laws of this state,
  engaged in the practice of dentistry;
               (3)  a licensed optometrist or therapeutic optometrist
  engaged in the practice of optometry or therapeutic optometry as
  defined by statute;
               (4)  an occupational therapist engaged in the practice
  of occupational therapy;
               (5)  a nurse engaged in the practice of nursing;
               (6)  a licensed podiatrist engaged in the practice of
  podiatry as defined by statute;
               (7)  a physical therapist engaged in the practice of
  physical therapy;
               (8)  a registered massage therapist engaged in the
  practice of massage therapy;
               (9)  a commissioned or contract physician, physical
  therapist, or physical therapist assistant in the United States
  Army, Navy, Air Force, or Public Health Service; or
               (10)  an athletic trainer who does not live in this
  state, who is licensed, registered, or certified by an authority
  recognized by the department [board], and who provides athletic
  training in this state for a period determined by the department
  [board].
         SECTION 1.148.  Section 451.051(b), Occupations Code, is
  amended to read as follows:
         (b)  The board consists of five members appointed by the
  presiding officer of the commission [governor] with the approval
  [advice and consent] of the commission [senate] as follows:
               (1)  three members who are athletic trainers; and
               (2)  two members who represent the public.
         SECTION 1.149.  Subchapter B, Chapter 451, Occupations Code,
  is amended by adding Section 451.0521 to read as follows:
         Sec. 451.0521.  DUTIES OF BOARD. The board shall provide
  advice and recommendations to the department on technical matters
  relevant to the administration of this chapter.
         SECTION 1.150.  Section 451.053(b), Occupations Code, is
  amended to read as follows:
         (b)  If a vacancy occurs on the board, the presiding officer
  of the commission, with the commission's approval, [governor] shall
  appoint a replacement who meets the qualifications for the vacant
  position [successor] to serve for the unexpired portion of the
  term.
         SECTION 1.151.  Section 451.055, Occupations Code, is
  amended to read as follows:
         Sec. 451.055.  PRESIDING OFFICER [OFFICERS]. [(a)]  The
  presiding officer of the commission [governor] shall designate a
  member of the board [as the board's presiding officer] to serve as
  the presiding officer of the board for [in that capacity at the will
  of the governor. The board shall elect an assistant presiding
  officer and secretary-treasurer from its members. The assistant
  presiding officer and secretary-treasurer serve] a one-year term.
  The presiding officer of the board may vote on any matter before the
  board.
         SECTION 1.152.  Section 451.056, Occupations Code, is
  amended to read as follows:
         Sec. 451.056.  MEETINGS. The board shall meet at [least
  twice a year. The board may hold additional meetings on] the call
  of the presiding officer of the commission or the executive
  director [at the written request of any three members of the board].
         SECTION 1.153.  The heading to Subchapter C, Chapter 451,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER C.  [BOARD] POWERS AND DUTIES
         SECTION 1.154.  Section 451.101, Occupations Code, is
  amended by amending Subsection (a) and adding Subsections (a-1) and
  (a-2) to read as follows:
         (a)  The executive director shall administer and enforce
  this chapter.
         (a-1)  The department [board] shall:
               (1)  adopt an official seal;
               (2)  prescribe the application form for a license
  applicant;
               (3)  prescribe a suitable form for a license
  certificate; [and]
               (4)  prepare and conduct an examination for license
  applicants;
               (5)  maintain a complete record of all licensed
  athletic trainers; and
               (6)  annually prepare a roster showing the names and
  addresses of all licensed athletic trainers.
         (a-2)  The department shall make a copy of the roster
  available to any person requesting it on payment of a fee
  established by the department in an amount sufficient to cover the
  cost of the roster.
         SECTION 1.155.  The heading to Section 451.110, Occupations
  Code, is amended to read as follows:
         Sec. 451.110.  CONFIDENTIALITY OF COMPLAINT AND
  DISCIPLINARY INFORMATION [SUBPOENAS].
         SECTION 1.156.  Sections 451.110(h) and (i), Occupations
  Code, are amended to read as follows:
         (h)  All information and materials subpoenaed or compiled by
  the department [board] 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 [board] or its
  employees or agents involved in discipline of the holder of a
  license, except that this information may be disclosed to:
               (1)  persons involved with the department [board] in a
  disciplinary action against the holder of a license;
               (2)  athletic trainer licensing or disciplinary boards
  in other jurisdictions;
               (3)  peer assistance programs approved by the
  commission [board] under Chapter 467, Health and Safety Code;
               (4)  law enforcement agencies; and
               (5)  persons engaged in bona fide research, if all
  individual-identifying information has been deleted.
         (i)  The filing of formal charges by the department [board]
  against a holder of a license, the nature of those charges,
  disciplinary proceedings of the department, commission, or
  executive director [board], and final disciplinary actions,
  including warnings and reprimands, by the department, commission,
  or executive director [board] are not confidential and are subject
  to disclosure in accordance with Chapter 552, Government Code.
         SECTION 1.157.  Section 451.152, Occupations Code, is
  amended to read as follows:
         Sec. 451.152.  LICENSE APPLICATION. An applicant for an
  athletic trainer license must submit to the department [board]:
               (1)  an application in the manner and on a form
  prescribed by the executive director [board]; and
               (2)  the required examination fee.
         SECTION 1.158.  Section 451.153, Occupations Code, is
  amended to read as follows:
         Sec. 451.153.  APPLICANT QUALIFICATIONS. (a)  An applicant
  for an athletic trainer license must:
               (1)  have met the athletic training curriculum
  requirements of a college or university approved by the commission
  [board] and give proof of graduation;
               (2)  hold a degree or certificate in physical therapy
  and have completed:
                     (A)  a basic athletic training course from an
  accredited college or university; and
                     (B)  an apprenticeship described by Subsection
  (b); or
               (3)  have a degree in corrective therapy with at least a
  minor in physical education or health that includes a basic
  athletic training course and meet the apprenticeship requirement or
  any other requirement established by the commission [board].
         (b)  The apprenticeship required to be completed by an
  applicant consists of 720 hours completed in two years under the
  direct supervision of a licensed athletic trainer acceptable to the
  department [board]. Actual working hours include a minimum of 20
  hours a week during each fall semester.
         SECTION 1.159.  Section 451.156, Occupations Code, is
  amended to read as follows:
         Sec. 451.156.  REQUIREMENTS FOR LICENSE ISSUANCE. An
  applicant for an athletic trainer license is entitled to receive
  the license if the applicant:
               (1)  satisfies the requirements of Section 451.153 or
  451.154;
               (2)  passes [satisfactorily completes] the examination
  required [administered] by the department [board];
               (3)  pays the required license fee; and
               (4)  has not committed an act that constitutes grounds
  for refusal of a license under Section 451.251.
         SECTION 1.160.  Section 451.157, Occupations Code, is
  amended to read as follows:
         Sec. 451.157.  TEMPORARY LICENSE. (a)  The department
  [board] may issue a temporary license to an applicant if the
  applicant satisfies:
               (1)  the requirements of Section 451.153 or 451.154;
  and
               (2)  any other requirement established by the
  commission [board].
         (b)  The commission [board] by rule shall prescribe the time
  during which a temporary license is valid.
         SECTION 1.161.  The heading to Section 451.201, Occupations
  Code, is amended to read as follows:
         Sec. 451.201.  LICENSE EXPIRATION; RENEWAL.
         SECTION 1.162.  Section 451.201(a), Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (a)  A license issued under Section 451.156 expires on the
  second anniversary of the date of issuance and may be renewed
  biennially.
         SECTION 1.163.  Section 451.251(a), Occupations Code, is
  amended to read as follows:
         (a)  The commission or executive director [board] may refuse
  to issue a license to an applicant and shall reprimand a license
  holder or suspend, revoke, or refuse to renew a person's license if
  the person:
               (1)  has been convicted of a misdemeanor involving
  moral turpitude or a felony;
               (2)  obtained the license by fraud or deceit;
               (3)  violated or conspired to violate this chapter or a
  rule adopted under this chapter; or
               (4)  provided services outside the scope of practice of
  athletic training.
         SECTION 1.164.  The heading to Section 451.351, Occupations
  Code, is amended to read as follows:
         Sec. 451.351.  AMOUNT [IMPOSITION] OF ADMINISTRATIVE
  PENALTY.
         SECTION 1.165.  Section 451.351(c), Occupations Code, is
  amended to read as follows:
         (c)  The amount of an administrative [the] penalty imposed
  for a violation of this chapter or a rule adopted or order issued
  under this chapter may not exceed $500 for each violation, and each
  day a violation continues or occurs is a separate violation for
  purposes of imposing a penalty. The total amount of the penalty
  assessed for a violation continuing or occurring on separate days
  under this subsection may not exceed $2,500.
         SECTION 1.166.  Section 605.002, Occupations Code, is
  amended by amending Subdivision (1), amending Subdivision (5), as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, and adding Subdivisions (2) and (5-a) to read as follows:
               (1)  "Advisory board" ["Board"] means the Orthotists
  and Prosthetists Advisory [Texas] Board [of Orthotics and
  Prosthetics].
               (2)  "Commission" means the Texas Commission of
  Licensing and Regulation.
               (5)  "Department" means the Texas Department of
  Licensing and Regulation [State Health Services].
               (5-a)  "Executive director" means the executive
  director of the department.
         SECTION 1.167.  The heading to Subchapter B, Chapter 605,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER B.  ORTHOTISTS AND PROSTHETISTS ADVISORY [TEXAS] BOARD
  [OF ORTHOTICS AND PROSTHETICS]
         SECTION 1.168.  Section 605.052, Occupations Code, is
  amended to read as follows:
         Sec. 605.052.  ADVISORY [APPOINTMENT OF] BOARD[;]
  MEMBERSHIP. (a)  The advisory board consists of seven members
  appointed by the presiding officer of the commission [governor]
  with the approval [advice and consent] of the commission [senate]
  as follows:
               (1)  two [one] licensed orthotist members [member] who
  each have [has] practiced orthotics for the five years preceding
  the date of appointment;
               (2)  two [one] licensed prosthetist members [member]
  who each have [has] practiced prosthetics for the five years
  preceding the date of appointment;
               (3)  one licensed prosthetist orthotist member who has
  practiced orthotics and prosthetics for the five years preceding
  the date of appointment;
               (4)  one member who is a representative of the public
  who uses an orthosis; and
               (5)  one member who is a representative of the public
  who uses a prosthesis[; and
               [(6)     two members who are representatives of the public
  who do not use an orthosis or prosthesis].
         (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.
         SECTION 1.169.  Subchapter B, Chapter 605, Occupations Code,
  is amended by adding Section 605.0521 to read as follows:
         Sec. 605.0521.  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.
         SECTION 1.170.  Section 605.055, Occupations Code, is
  amended to read as follows:
         Sec. 605.055.  TERMS; VACANCY. (a)  Members of the advisory
  board serve staggered six-year terms. The terms of two or three
  members expire on February 1 of each odd-numbered year.
         (b)  If a vacancy occurs during a member's term, the
  presiding officer of the commission, with the commission's
  approval, [governor] shall appoint a replacement who meets the
  qualifications for the vacant position [person] to serve for the
  remainder of the term.
         SECTION 1.171.  Section 605.056, Occupations Code, is
  amended to read as follows:
         Sec. 605.056.  PRESIDING OFFICER [OFFICERS]. The members of
  the advisory board shall elect from the advisory board's membership
  a 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[, a secretary, and other officers
  as required to conduct the board's business].
         SECTION 1.172.  Section 605.059, Occupations Code, is
  amended by amending Subsection (b) and adding Subsections (c) and
  (d) to read as follows:
         (b)  The advisory [A special meeting of the] board shall meet
  at the call of [be called by] the presiding officer of the
  commission or the executive director [or on the written request of
  any three members].
         (c)  Four or more advisory board members may call a special
  meeting of the advisory board by providing written notice not less
  than 14 days before the date of the meeting to:
               (1)  the presiding officer of the commission;
               (2)  the executive director; and
               (3)  all other members of the advisory board.
         (d)  Not more than two special meetings of the advisory board
  may be called under Subsection (c) in a calendar year.
         SECTION 1.173.  Section 605.151, Occupations Code, is
  amended to read as follows:
         Sec. 605.151.  GENERAL POWERS AND DUTIES [OF BOARD]. The
  executive director shall administer and enforce this chapter [board
  may:
               [(1)  investigate complaints;
               [(2)  issue, suspend, deny, and revoke licenses;
               [(3)     reprimand license holders and place license
  holders on probation;
               [(4)     in connection with a hearing under Section
  605.353, issue subpoenas;
               [(5)  hold hearings; and
               [(6)     use personnel, facilities, furniture, equipment,
  and other items supplied by the department to administer this
  chapter].
         SECTION 1.174.  Section 605.155, Occupations Code, is
  amended to read as follows:
         Sec. 605.155.  EXAMINATIONS. The department [board] must
  approve any examination required for a license under this chapter.
  Each examination shall be offered at least once each year.
         SECTION 1.175.  The heading to Subchapter E, Chapter 605,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER E.  [PUBLIC INTEREST INFORMATION AND] COMPLAINT
  INFORMATION [PROCEDURES]
         SECTION 1.176.  The heading to Section 605.2021, Occupations
  Code, is amended to read as follows:
         Sec. 605.2021.  CONFIDENTIALITY OF COMPLAINT AND
  DISCIPLINARY INFORMATION [SUBPOENAS].
         SECTION 1.177.  Sections 605.2021(h) and (i), Occupations
  Code, are amended to read as follows:
         (h)  All information and materials subpoenaed or compiled by
  the department [board] 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 [board] or its
  employees or agents involved in discipline of the holder of a
  license, except that this information may be disclosed to:
               (1)  persons involved with the department [board] in a
  disciplinary action against the holder of a license;
               (2)  professional orthotist or prosthetist
  disciplinary boards in other jurisdictions;
               (3)  peer assistance programs approved by the
  commission [board] under Chapter 467, Health and Safety Code;
               (4)  law enforcement agencies; and
               (5)  persons engaged in bona fide research, if all
  individual-identifying information has been deleted.
         (i)  The filing of formal charges by the department [board]
  against a holder of a license, the nature of those charges,
  disciplinary proceedings of the department, commission, or
  executive director [board], and final disciplinary actions,
  including warnings and reprimands, by the department, commission,
  or executive director [board] are not confidential and are subject
  to disclosure in accordance with Chapter 552, Government Code.
         SECTION 1.178.  Section 605.251, Occupations Code, is
  amended to read as follows:
         Sec. 605.251.  LICENSE REQUIRED. A person may not practice,
  attempt to practice, or offer to practice orthotics or prosthetics,
  act as an assistant to a person who practices orthotics or
  prosthetics, or in any way hold the person out as being able to
  practice orthotics or prosthetics unless the person holds a license
  [issued by the board] under this chapter.
         SECTION 1.179.  Section 605.252, Occupations Code, is
  amended to read as follows:
         Sec. 605.252.  LICENSE ELIGIBILITY. (a)  To be eligible for
  a license to practice orthotics or prosthetics in this state, a
  person must:
               (1)  submit an [file a written] application in the
  manner and [with the board] on the form prescribed by the executive
  director [board];
               (2)  pay the nonrefundable application fee;
               (3)  be a resident of this state;
               (4)  have completed formal training, including the
  required hours of classroom education and clinical practice, in an
  area of study the commission [board] by rule determines to be
  necessary and appropriate;
               (5)  have completed a clinical residency in the
  professional area for which a license is sought that complies with
  the standards, guidelines, or procedures established by the
  department [board] for a clinical residency that is offered in this
  state or another state; and
               (6)  have passed each written and practical examination
  approved and required by the department [board].
         (b)  The requirements for a license established by
  commission [board] rule must include the requirement that the
  applicant hold:
               (1)  a bachelor's or graduate degree in orthotics and
  prosthetics from:
                     (A)  an education program recognized and
  accredited by the Commission on Accreditation of Allied Health
  Education Programs that is offered at an institution of higher
  education; or
                     (B)  a practitioner education program that has
  education standards that are equivalent to or exceed the standards
  adopted by the Commission on Accreditation of Allied Health
  Education Programs; or
               (2)  a bachelor's degree in another subject and an
  orthotic or prosthetic certificate issued by a practitioner
  education program:
                     (A)  recognized and accredited by the Commission
  on Accreditation of Allied Health Education Programs; or
                     (B)  that has education standards that are
  equivalent to or exceed the standards adopted by the Commission on
  Accreditation of Allied Health Education Programs.
         (c)  To meet the clinical residency requirements for a
  license, the applicant must complete a professional clinical
  residency that meets the requirements established by commission
  [board] rule and is conducted under the direct supervision of a
  licensed orthotist, licensed prosthetist, or a licensed
  prosthetist orthotist in the discipline for which licensure is
  sought.  The clinical residency requirements adopted by the
  commission [board] must be equivalent to or exceed the standards
  set by the National Commission on Orthotic and Prosthetic
  Education.
         (d)  The department [board] may accept as a substitute for
  the examination requirement proof that the license applicant holds
  a license in a state that has licensing requirements that are equal
  to or exceed the requirements of this chapter.
         SECTION 1.180.  Sections 605.254(a) and (c), Occupations
  Code, are amended to read as follows:
         (a)  A person is entitled to an exemption from the license
  requirements established [by the board] under Section 605.252 if
  the person is a resident of this state who[:
               [(1)     applies for the exemption not later than the
  181st day after the date on which the board's initial rules are
  finally adopted and:
                     [(A)     has provided comprehensive orthotic or
  prosthetic care for at least three years before the date of the
  application, including practicing orthotics or prosthetics in this
  state for the year preceding that date; or
                     [(B)     has provided comprehensive orthotic and
  prosthetic care for at least six years, including practicing
  orthotics and prosthetics in this state for the year preceding the
  application date; or
               [(2)]  presents evidence satisfactory to the
  department [board] that the person possesses unique qualifications
  to practice orthotics, prosthetics, or orthotics and prosthetics.
         (c)  The department [board] shall issue a license to a person
  who is determined to be eligible for a license under Subsection (a)
  [or (b)]. A person to whom a license is issued under this
  subsection is entitled to the same license privileges as if the
  person met the educational and vocational requirements of Section
  605.252. The license holder is subject to the license renewal
  requirements established by the commission [board], other than the
  academic, clinical training, and examination requirements, which
  the commission [board] may not impose as a condition of the person's
  license.
         SECTION 1.181.  Sections 605.255(a) and (b), Occupations
  Code, are amended to read as follows:
         (a)  An applicant for a license as an orthotist assistant or
  prosthetist assistant must:
               (1)  submit an application in the manner and [file a
  written application with the board] on a form prescribed [provided]
  by the executive director [board];
               (2)  pay the nonrefundable application fee established
  [prescribed] by the commission by rule [board]; and
               (3)  present evidence satisfactory to the department
  [board] that the applicant has completed an education program,
  including courses in the anatomical, biological, and physical
  sciences, and a clinical residency as prescribed and adopted by the
  commission by rule [board].
         (b)  An assistant licensed under this section may provide
  only ancillary patient care services, as defined by the commission
  by rule [board], in the discipline in which the assistant's
  supervisor is licensed under this chapter.
         SECTION 1.182.  Sections 605.256(a) and (b), Occupations
  Code, are amended to read as follows:
         (a)  The department [board] may issue a license or
  registration certificate under this chapter only to an individual.
         (b)  The department [board] shall issue a license in
  orthotics or prosthetics to an applicant who meets the requirements
  provided under this chapter. A license may be granted in either
  orthotics or prosthetics, or in both, if the person meets the
  requirements established by the department [board].
         SECTION 1.183.  Section 605.257, Occupations Code, is
  amended to read as follows:
         Sec. 605.257.  TEMPORARY LICENSE. (a)  The department
  [board] may issue a temporary license to an individual who:
               (1)  has recently become a resident of this state;
               (2)  has applied for a license as an orthotist,
  prosthetist, or both; and
               (3)  has:
                     (A)  practiced orthotics regularly since January
  1, 1996; or
                     (B)  been licensed by the state in which the
  person formerly resided if that state has license requirements that
  are equal to or exceed the requirements of this chapter.
         (b)  A temporary license is valid for one year from the date
  issued. A temporary license may be renewed for not more than one
  additional year if the applicant presents evidence sufficient to
  the department [board] of good cause for renewal.
         SECTION 1.184.  Section 605.258(a), Occupations Code, is
  amended to read as follows:
         (a)  The department [board] may issue a student registration
  certificate to an individual who is working toward fulfilling the
  requirements for a license as an orthotist, prosthetist, or
  prosthetist orthotist and:
               (1)  holds either:
                     (A)  a bachelor's or graduate degree in orthotics
  and prosthetics from:
                           (i)  an education program recognized and
  accredited by the Commission on Accreditation of Allied Health
  Education Programs that is offered at an institution of higher
  education; or
                           (ii)  a practitioner education program that
  has education standards that are equivalent to or exceed the
  standards adopted by the Commission on Accreditation of Allied
  Health Education Programs; or
                     (B)  a bachelor's degree in another subject and an
  orthotic or prosthetic certificate issued by a practitioner
  education program:
                           (i)  recognized and accredited by the
  Commission on Accreditation of Allied Health Education Programs; or
                           (ii)  that has education standards that are
  equivalent to or exceed the standards adopted by the Commission on
  Accreditation of Allied Health Education Programs; or
               (2)  is a student who:
                     (A)  is currently enrolled in a graduate program
  in this state in orthotics and prosthetics that:
                           (i)  is recognized and accredited by the
  Commission on Accreditation of Allied Health Education Programs;
  and
                           (ii)  incorporates a professional clinical
  residency that meets the requirements of rules adopted under
  Section 605.252(c); and
                     (B)  submits to the department [board] a written
  certification from the graduate program in which the student is
  enrolled that the student has successfully completed the academic
  prerequisites to enter a professional clinical residency.
         SECTION 1.185.  Section 605.259(a), Occupations Code, is
  amended to read as follows:
         (a)  The department [board] may issue a registered orthotic
  technician or registered prosthetic technician certificate to an
  applicant who:
               (1)  submits an [files a written] application in the
  manner and [with the board] on a form prescribed [provided] by the
  executive director [board];
               (2)  pays the nonrefundable application fee; and
               (3)  presents evidence satisfactory to the department
  [board] that the applicant has completed an education program and
  laboratory experience as prescribed by the commission by rule
  [board].
         SECTION 1.186.  Sections 605.260(a), (b), and (c),
  Occupations Code, are amended to read as follows:
         (a)  The commission [board] by rule shall establish
  requirements for the accreditation and the renewal of an
  accreditation of an orthotic or prosthetic facility in which
  orthotics or prosthetics are conducted. The department [board] may
  issue an accreditation only to an orthotic or prosthetic facility.
         (b)  If a person owns more than one facility, the department
  [board] may require only one application for the accreditation of
  each of the person's facilities. Each orthotic or prosthetic
  facility must meet the requirements established by commission rule
  [the board].
         (c)  An orthotic or prosthetic facility must be under the
  on-site direction of an orthotist or prosthetist licensed by the
  department [board] in the discipline for which accreditation is
  sought.
         SECTION 1.187.  Section 605.261, Occupations Code, is
  amended to read as follows:
         Sec. 605.261.  CONTINUING EDUCATION. (a)  The commission
  [board] shall:
               (1)  adopt rules that require a license holder to
  participate in an approved continuing education program to renew a
  license issued under this chapter; and
               (2)  prepare or approve continuing education programs
  for license holders.
         (b)  To renew a license under this chapter, an applicant must
  submit to the department [board] evidence of satisfactory
  completion of the continuing education requirements required by the
  commission [board].
         (c)  The department [board] shall notify a license holder who
  has failed to comply with the [board's] continuing education
  requirements of the license holder's failure to comply and that
  failure to obtain the required continuing education before the
  expiration of three months after the date the notice is given
  constitutes grounds for the commission or executive director
  [board] to suspend or revoke the license holder's license.
         SECTION 1.188.  Section 605.353, Occupations Code, is
  amended to read as follows:
         Sec. 605.353.  DISCIPLINARY ACTIONS. (a)  After notice and
  opportunity for a hearing, the commission or executive director
  [board] may revoke, suspend, or refuse to renew a license issued
  under this chapter on a finding that:
               (1)  the license was obtained by fraud,
  misrepresentation, or concealment of a material fact;
               (2)  the person engaged in fraud or deceit in
  connection with services provided by the person;
               (3)  the person engaged in unprofessional or unethical
  conduct;
               (4)  the person engaged in gross negligence or
  malpractice; or
               (5)  the person violated this chapter or a rule adopted
  under this chapter.
         (b)  The commission or executive director [board] may
  reinstate a license revoked under Subsection (a) after the first
  anniversary of the date of the revocation on terms the commission or
  executive director [board] determines to be necessary.
         SECTION 1.189.  Section 605.354(c), Occupations Code, is
  amended to read as follows:
         (c)  The attorney general shall bring an action in the name
  of the state at the department's [board's] request to collect a
  civil penalty under this section.
         SECTION 1.190.  Section 605.402(a), Occupations Code, is
  amended to read as follows:
         (a)  The amount of an [the] administrative penalty imposed
  for a violation of this chapter or a rule adopted or order issued
  under this chapter may not be less than $50 or more than $5,000 for
  each violation. Each day a violation continues or occurs is a
  separate violation for the purpose of imposing a penalty.
         SECTION 1.191.  Section 701.002, Occupations Code, is
  amended by amending Subdivisions (1), (2), and (4) and adding
  Subdivision (1-a) to read as follows:
               (1)  "Advisory board" means the Dietitians Advisory
  Board.
               (1-a)  "Commission" ["Commissioner"] means the Texas
  Commission of Licensing and Regulation [commissioner of state
  health services].
               (2)  "Department" means the Texas Department of
  Licensing and Regulation [State Health Services].
               (4)  "Executive director" ["Dietitians board"] means
  the executive director of the department [Texas State Board of
  Examiners of Dietitians].
         SECTION 1.192.  The heading to Subchapter B, Chapter 701,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER B.  [TEXAS STATE BOARD OF EXAMINERS OF] DIETITIANS
  ADVISORY BOARD
         SECTION 1.193.  Section 701.051, Occupations Code, is
  amended to read as follows:
         Sec. 701.051.  DIETITIANS ADVISORY BOARD MEMBERSHIP.
  (a)  The advisory board [Texas State Board of Examiners of
  Dietitians] consists of nine members appointed by the presiding
  officer of the commission [governor] with the approval [advice and
  consent] of the commission [senate] as follows:
               (1)  six licensed dietitian members, each of whom has
  been licensed under this chapter for not less than three years
  before the member's date of appointment; and
               (2)  three members who represent the public.
         (b)  In appointing dietitian members to the advisory
  [dietitians] board, the presiding officer of the commission
  [governor] shall attempt to maintain balanced representation among
  the following primary areas of expertise included in the
  professional discipline of dietetics:
               (1)  clinical;
               (2)  educational;
               (3)  management;
               (4)  consultation; and
               (5)  community.
         (c)  Appointments to the advisory [dietitians] board shall
  be made without regard to the race, color, disability, sex,
  religion, age, or national origin of the appointee.
         SECTION 1.194.  Subchapter B, Chapter 701, Occupations Code,
  is amended by adding Section 701.0511 to read as follows:
         Sec. 701.0511.  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.
         SECTION 1.195.  Section 701.054, Occupations Code, is
  amended to read as follows:
         Sec. 701.054.  TERMS; VACANCIES. (a)  Members of the
  advisory [dietitians] board serve staggered six-year terms. The
  terms of three [two] members begin on September 1 of each
  odd-numbered year.
         (b)  If a vacancy occurs during a member's term, 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.
         SECTION 1.196.  Section 701.057, Occupations Code, is
  amended to read as follows:
         Sec. 701.057.  PRESIDING OFFICER [OFFICERS]. [(a)]  The
  presiding officer of the commission [governor] shall designate a
  member of the advisory [dietitians] board as the presiding officer
  of the advisory board to serve for a term of one year [in that
  capacity at the pleasure of the governor]. The presiding officer of
  the advisory board may vote on any matter before the advisory board.
         [(b)     Not later than the 30th day after the date the governor
  appoints new board members, the dietitians board shall meet to
  elect an assistant presiding officer, who holds office according to
  board rules.]
         SECTION 1.197.  Section 701.058, Occupations Code, is
  amended to read as follows:
         Sec. 701.058.  MEETINGS. The advisory [dietitians] board
  shall meet at the call of the presiding officer of the commission or
  the executive director [hold at least two regular meetings each
  year as provided by board rules].
         SECTION 1.198.  Section 701.151, Occupations Code, is
  amended to read as follows:
         Sec. 701.151.  GENERAL POWERS AND DUTIES [OF DIETITIANS
  BOARD]. (a)  The executive director shall administer and enforce
  this chapter.
         (b)  The department [dietitians board] shall:
               (1)  adopt an official seal;
               (2)  adopt and publish a code of ethics;
               (3)  establish the qualifications and fitness of
  applicants for licenses, including renewed and reciprocal
  licenses;
               (4)  revoke, suspend, or deny a license, probate a
  license suspension, or reprimand a license holder for a violation
  of this chapter, a [board] rule adopted under this chapter, or the
  code of ethics; and
               (5)  request and receive any necessary assistance from
  state educational institutions or other state agencies [spend money
  necessary to properly administer the board's duties; and
               [(6)     establish reasonable and necessary fees to
  administer this chapter].
         SECTION 1.199.  Subchapter D, Chapter 701, Occupations Code,
  is amended by adding Section 701.1511 to read as follows:
         Sec. 701.1511.  REGISTRY.  The department shall prepare a
  registry of licensed dietitians and provisional licensed
  dietitians and make the registry available to the public, license
  holders, and appropriate state agencies.
         SECTION 1.200.  Section 701.154, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 701.154.  AMOUNT OF FEES. The commission [(a)     After
  consulting the department, the dietitians board by rule shall set
  fees in amounts reasonable and necessary to cover the cost of
  administering this chapter.   The fees for issuing or renewing a
  license must be in amounts designed to allow the department and the
  dietitians board to recover from the license holders all of the
  direct and indirect costs to the department and to the dietitians
  board in administering and enforcing this chapter.
         [(b)  The dietitians board] may not set a fee that existed on
  September 1, 1993, in an amount that is less than the amount of that
  fee on that date.
         SECTION 1.201.  Section 701.155, Occupations Code, is
  amended to read as follows:
         Sec. 701.155.  SEAL. (a)  The commission [dietitians board]
  by rule may require a license holder to:
               (1)  obtain a seal authorized by the department [board]
  bearing the license holder's name and the legend "Licensed
  Dietitian"; and
               (2)  affix the seal to formal documentation of
  nutrition services provided by the license holder, as determined
  necessary and appropriate by the department [board].
         (b)  If the commission [dietitians board] adopts rules under
  Subsection (a), the rules must authorize a license holder to comply
  with Subsection (a)(2) by maintaining a facsimile of the license
  holder's seal on file at the location where services are provided
  if:
               (1)  the services are provided:
                     (A)  in a facility licensed under the Health and
  Safety Code;
                     (B)  on behalf of a local, state, or federal
  government agency; or
                     (C)  under other circumstances determined
  reasonable and necessary by the department [board]; and
               (2)  the facsimile is maintained on file at all times
  during which the services are provided.
         SECTION 1.202.  The heading to Subchapter E, Chapter 701,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER  E.  [PUBLIC INTEREST INFORMATION AND] COMPLAINT
  PROCEDURES
         SECTION 1.203.  The heading to Section 701.2041, Occupations
  Code, is amended to read as follows:
         Sec. 701.2041.  CONFIDENTIALITY OF COMPLAINT AND
  DISCIPLINARY INFORMATION [SUBPOENAS].
         SECTION 1.204.  Sections 701.2041(h) and (i), Occupations
  Code, are amended to read as follows:
         (h)  All information and materials subpoenaed or compiled by
  the department [dieticians board] 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 [board] or its
  employees or agents involved in discipline of the holder of a
  license, except that this information may be disclosed to:
               (1)  persons involved with the department [board] in a
  disciplinary action against the holder of a license;
               (2)  professional dietitian licensing or disciplinary
  boards in other jurisdictions;
               (3)  peer assistance programs approved by the
  commission [board] under Chapter 467, Health and Safety Code;
               (4)  law enforcement agencies; and
               (5)  persons engaged in bona fide research, if all
  individual-identifying information has been deleted.
         (i)  The filing of formal charges by the department
  [dieticians board] against a holder of a license, the nature of
  those charges, disciplinary proceedings of the department,
  commission, or executive director [board], and final disciplinary
  actions, including warnings and reprimands, by the department,
  commission, or executive director [board] are not confidential and
  are subject to disclosure in accordance with Chapter 552,
  Government Code.
         SECTION 1.205.  Section 701.252, Occupations Code, is
  amended to read as follows:
         Sec. 701.252.  LICENSE APPLICATION. (a)  Each applicant for
  a dietitian license must submit an [a sworn] application in the
  manner and on a form prescribed by the executive director
  accompanied by the application fee.
         (b)  The commission [dietitians board shall prescribe the
  application form and may] by rule shall determine the information
  and documentation required to be submitted as part of an
  application [establish dates by which applications and fees must be
  received].
         SECTION 1.206.  Sections 701.253(c), (e), and (f),
  Occupations Code, are amended to read as follows:
         (c)  The department [dietitians board] shall prepare or
  approve an examination. An examination prescribed by the
  department [board] may be or may include an examination given by the
  Commission on Dietetic Registration or by a national or state
  testing service instead of an examination prepared by the
  department or the department's designee [board].
         (e)  The department [dietitians board] shall administer an
  examination to qualified applicants at least twice each calendar
  year.
         (f)  The department [dietitians board] shall waive the
  examination requirement for an applicant who, at the time of
  application, is a dietitian registered by the Commission on
  Dietetic Registration.
         SECTION 1.207.  Section 701.254, Occupations Code, is
  amended to read as follows:
         Sec. 701.254.  QUALIFICATIONS FOR EXAMINATION. To qualify
  for the licensing examination under this chapter, an applicant
  must:
               (1)  possess a baccalaureate or postbaccalaureate
  degree, conferred by a college or university regionally accredited
  at the time of conferral, with:
                     (A)  a major course of study in human nutrition,
  food and nutrition, nutrition education, dietetics, or food systems
  management; or
                     (B)  an equivalent major course of study approved
  by the department [dietitians board]; and
               (2)  have completed an internship or preplanned,
  documented, professional experience program in dietetics practice
  of not less than 900 hours under the supervision of a licensed
  dietitian or a registered dietitian approved by the department
  [board].
         SECTION 1.208.  Section 701.255(a), Occupations Code, is
  amended to read as follows:
         (a)  Not later than the 45th day after the date a properly
  submitted and timely application is received and not later than the
  30th day before the next examination date, the department shall
  notify an applicant in writing of the receipt and investigation of
  the applicant's application and any other relevant evidence
  relating to applicant qualifications established by commission
  [dietitians board] rule.
         SECTION 1.209.  Sections 701.2575(a) and (c), Occupations
  Code, are amended to read as follows:
         (a)  The department [dietitians board] shall develop and
  administer at least twice each calendar year a jurisprudence
  examination to determine an applicant's knowledge of this chapter,
  commission [board] rules under this chapter, and any other
  applicable laws of this state affecting the applicant's dietetics
  practice.
         (c)  The commission [dietitians board] shall adopt rules to
  implement this section, including rules related to the development
  and administration of the examination, examination fees,
  guidelines for reexamination, grading the examination, and
  providing notice of examination results.
         SECTION 1.210.  Section 701.258, Occupations Code, is
  amended to read as follows:
         Sec. 701.258.  QUALIFIED PERSON ENTITLED TO LICENSE. The
  department [dietitians board] shall issue a license [certificate]
  as a licensed dietitian to a person qualified for a license under
  this chapter.
         SECTION 1.211.  Sections 701.259(a), (b), (c), and (d),
  Occupations Code, are amended to read as follows:
         (a)  The department [dietitians board] may issue a license to
  use the title "provisional licensed dietitian" to an applicant who
  files an application, pays an application fee, and submits evidence
  of successful completion of the education requirement under Section
  701.254.
         (b)  A provisional licensed dietitian must practice under
  the supervision and direction of a licensed dietitian. The
  supervising licensed dietitian must be designated in [sign] the
  applicant's initial application for a provisional license.
         (c)  The department [dietitians board] shall issue a license
  [certificate] as a provisional licensed dietitian to a person
  qualified for a provisional license under this chapter.
         (d)  A provisional license expires on the first anniversary
  of the date of issuance and[, if the supervising licensed dietitian
  signs the renewal application,] may be renewed annually not more
  than twice [by complying with the renewal procedures under Section
  701.301].
         SECTION 1.212.  Section 701.260, Occupations Code, is
  amended to read as follows:
         Sec. 701.260.  TEMPORARY LICENSE. (a)  On receipt of an
  application and payment of an application fee, the department
  [dietitians board] may grant a temporary license to an applicant
  who:
               (1)  is licensed in good standing as a dietitian in
  another state that has licensing requirements that are
  substantially equivalent to the requirements of this chapter;
               (2)  has passed a national or other examination that is
  recognized by the department [board] and relates to dietetics; and
               (3)  is sponsored by a person licensed by the
  department [board] under this chapter with whom the temporary
  license holder may practice.
         (b)  The department [dietitians board] may waive the
  requirement of Subsection (a)(3) if the department [board]
  determines that compliance with that provision is a hardship to an
  applicant.
         (c)  A temporary license is valid until the date the
  department [dietitians board] approves or denies the temporary
  license holder's application for a license. The department [board]
  shall issue a license under this chapter to the holder of a
  temporary license if:
               (1)  the temporary license holder passes the competency
  examination required by Section 701.253;
               (2)  the department [board] verifies that the temporary
  license holder meets the academic and experience requirements for a
  license under this chapter; and
               (3)  the temporary license holder satisfies any other
  license requirements under this chapter.
         (d)  The department [dietitians board] must complete the
  processing of a temporary license holder's application for a
  license not later than the 180th day after the date the department
  [board] issues the temporary license. The department [board] may
  extend this deadline to receive pending examination results.
         SECTION 1.213.  Section 701.303, Occupations Code, is
  amended to read as follows:
         Sec. 701.303.  CONTINUING EDUCATION. (a)  The commission
  [dietitians board] by rule shall establish a minimum number of
  hours of continuing education required for license renewal under
  this chapter.
         (b)  The commission or department [dietitians board] may
  assess the continuing education needs of license holders and may
  require license holders to attend continuing education courses
  specified by the commission or department [board]. The department
  [board] shall develop a process to evaluate and approve continuing
  education courses.
         (c)  The commission or department [dietitians board] shall
  identify key factors for a license holder's competent performance
  of professional duties. The department [board] shall adopt a
  procedure to assess the license holder's participation in
  continuing education programs.
         SECTION 1.214.  Section 701.304, Occupations Code, is
  amended to read as follows:
         Sec. 701.304.  GROUNDS FOR REFUSING RENEWAL. The commission
  or department [dietitians board] may refuse to renew the license of
  a person who fails to pay an administrative penalty imposed under
  Subchapter K, unless enforcement of the penalty is stayed or a court
  has ordered that the administrative penalty is not owed.
         SECTION 1.215.  Section 701.351, Occupations Code, is
  amended to read as follows:
         Sec. 701.351.  DISPLAY OF LICENSE [CERTIFICATE]. (a)  A
  license holder shall display the person's license [certificate] in
  an appropriate and public manner as prescribed by commission rule.
         (b)  A license [certificate] issued by the department
  [dietitians board] is the property of the department [board] and
  shall be surrendered on demand.
         SECTION 1.216.  Section 701.352, Occupations Code, is
  amended to read as follows:
         Sec. 701.352.  LICENSE HOLDER INFORMATION. A license holder
  shall keep the department informed of the license holder's current
  address as provided by commission rule.
         SECTION 1.217.  Section 701.353(a), Occupations Code, is
  amended to read as follows:
         (a)  A person may not use a seal authorized by the department
  [dietitians board] unless the person holds a license issued under
  this chapter.
         SECTION 1.218.  Section 701.401, Occupations Code, is
  amended to read as follows:
         Sec. 701.401.  GROUNDS FOR DISCIPLINARY ACTION. The
  commission or executive director [dietitians board] shall refuse to
  renew a license, revoke or suspend a license, place on probation a
  person whose license has been suspended, or reprimand a license
  holder for a violation of this chapter, [or] a rule or code of
  ethics adopted under this chapter, or an order of [by] the
  commission or executive director [board].
         SECTION 1.219.  Section 701.403, Occupations Code, is
  amended to read as follows:
         Sec. 701.403.  SANCTIONS. The State Office of
  Administrative Hearings shall use the schedule of sanctions adopted
  by the commission by [dietitians board] rule for a sanction imposed
  as the result of a hearing conducted by the office.
         SECTION 1.220.  Section 701.502(a), Occupations Code, is
  amended to read as follows:
         (a)  The amount of an [the] administrative penalty imposed
  for a violation of this chapter or a rule adopted or order issued
  under this chapter may not be less than $50 or more than $5,000 for
  each violation. Each day a violation continues or occurs is a
  separate violation for the purpose of imposing a penalty.
         SECTION 1.221.  Section 701.512, Occupations Code, is
  amended to read as follows:
         Sec. 701.512.  REFUND. (a)  Subject to Subsection (b), the
  commission or executive director [dietitians board] may order a
  license holder to pay a refund to a consumer as provided in an
  agreement resulting from an informal settlement conference instead
  of or in addition to imposing an administrative penalty under this
  chapter.
         (b)  The amount of a refund ordered as provided in an
  agreement resulting from an informal settlement conference may not
  exceed the amount the consumer paid to the license holder for a
  service regulated by this chapter.  The commission or executive
  director [board] may not require payment of other damages or
  estimate harm in a refund order.
         SECTION 1.222.  The following provisions of the Occupations
  Code, including provisions amended by S.B. 219, Acts of the 84th
  Legislature, Regular Session, 2015, are repealed:
               (1)  Section 203.006;
               (2)  Section 203.051;
               (3)  Section 203.053;
               (4)  Section 203.054;
               (5)  Section 203.057;
               (6)  Section 203.058;
               (7)  Section 203.060;
               (8)  Subchapter C, Chapter 203;
               (9)  Section 203.151(b);
               (10)  Section 203.1515;
               (11)  Section 203.152(a);
               (12)  Sections 203.155(a) and (c);
               (13)  Section 203.156;
               (14)  Section 203.158;
               (15)  Section 203.159;
               (16)  Section 203.160;
               (17)  Section 203.161;
               (18)  Subchapter E, Chapter 203;
               (19)  Section 203.255(b);
               (20)  Section 203.2556;
               (21)  Section 203.302;
               (22)  Section 203.303;
               (23)  Section 203.405;
               (24)  Subchapter J, Chapter 203;
               (25)  Section 203.502(c);
               (26)  Section 203.505(a);
               (27)  Section 401.002;
               (28)  Section 401.101;
               (29)  Section 401.103;
               (30)  Section 401.104;
               (31)  Section 401.106;
               (32)  Section 401.109;
               (33)  Section 401.110;
               (34)  Subchapter D, Chapter 401;
               (35)  Section 401.201(b);
               (36)  Sections 401.203(a) and (b);
               (37)  Section 401.204;
               (38)  Section 401.205;
               (39)  Section 401.206;
               (40)  Section 401.207;
               (41)  Section 401.252;
               (42)  Sections 401.253(b), (c), (d), and (e);
               (43)  Sections 401.2535(a), (b), (c), (d), (e), (f),
  and (g);
               (44)  Section 401.254;
               (45)  Section 401.306;
               (46)  Section 401.307(c);
               (47)  Section 401.313;
               (48)  Section 401.315;
               (49)  Sections 401.352(b) and (c);
               (50)  Section 401.353;
               (51)  Section 401.354;
               (52)  Section 401.405;
               (53)  Section 401.451(b);
               (54)  Section 401.452;
               (55)  Section 401.4531;
               (56)  Section 401.454;
               (57)  Section 401.455;
               (58)  Section 401.456;
               (59)  Section 401.457;
               (60)  Section 401.458;
               (61)  Section 401.459;
               (62)  Section 401.460;
               (63)  Section 401.502;
               (64)  Section 401.5022;
               (65)  Section 401.551;
               (66)  Section 401.553;
               (67)  Section 401.554;
               (68)  Section 401.555;
               (69)  Section 401.556;
               (70)  Section 401.557;
               (71)  Section 401.558;
               (72)  Section 401.559;
               (73)  Section 401.560;
               (74)  Section 401.561;
               (75)  Section 402.002;
               (76)  Section 402.052;
               (77)  Section 402.053;
               (78)  Section 402.054;
               (79)  Section 402.056;
               (80)  Section 402.0581;
               (81)  Section 402.059;
               (82)  Section 402.060;
               (83)  Section 402.061;
               (84)  Section 402.102;
               (85)  Section 402.1022;
               (86)  Sections 402.103(a) and (b);
               (87)  Section 402.105;
               (88)  Section 402.106;
               (89)  Section 402.151;
               (90)  Section 402.1511;
               (91)  Section 402.153;
               (92)  Sections 402.154(a), (b), (c), (d), (e), (f), and
  (g);
               (93)  Section 402.205(d);
               (94)  Section 402.206;
               (95)  Sections 402.209(b) and (g);
               (96)  Section 402.257(b);
               (97)  Sections 402.301(b), (c), (d), and (e);
               (98)  Section 402.303(f);
               (99)  Section 402.354;
               (100)  Section 402.452;
               (101)  Section 402.502;
               (102)  Section 402.503;
               (103)  Section 402.504;
               (104)  Section 402.505;
               (105)  Section 402.506;
               (106)  Sections 402.551(a) and (c);
               (107)  Section 402.552;
               (108)  Section 402.5522;
               (109)  Section 402.553(b);
               (110)  Section 403.002;
               (111)  Section 403.053;
               (112)  Section 403.109;
               (113)  Section 403.201;
               (114)  Section 403.205;
               (115)  Section 403.206;
               (116)  Section 403.208;
               (117)  Section 403.210;
               (118)  Section 403.211;
               (119)  Section 403.252;
               (120)  Section 451.051(a);
               (121)  Section 451.0511;
               (122)  Section 451.0512;
               (123)  Section 451.0513;
               (124)  Section 451.052;
               (125)  Section 451.054;
               (126)  Section 451.057;
               (127)  Sections 451.101(b) and (c);
               (128)  Section 451.1015;
               (129)  Section 451.1016;
               (130)  Section 451.102;
               (131)  Section 451.103;
               (132)  Section 451.1035;
               (133)  Section 451.104;
               (134)  Section 451.105;
               (135)  Section 451.106;
               (136)  Section 451.108;
               (137)  Section 451.109;
               (138)  Sections 451.110(a), (b), (c), (d), (e), (f),
  and (g);
               (139)  Section 451.155;
               (140)  Section 451.201(b);
               (141)  Section 451.202;
               (142)  Section 451.203;
               (143)  Section 451.204;
               (144)  Section 451.2512;
               (145)  Section 451.252;
               (146)  Section 451.253;
               (147)  Section 451.254;
               (148)  Section 451.255;
               (149)  Sections 451.351(a), (b), (e), (f), (g), (h),
  (i), (j), (k), and (l);
               (150)  Section 451.352;
               (151)  Section 605.003;
               (152)  Section 605.051;
               (153)  Section 605.053;
               (154)  Section 605.054;
               (155)  Section 605.057;
               (156)  Section 605.058;
               (157)  Section 605.059(a);
               (158)  Section 605.060;
               (159)  Section 605.061;
               (160)  Subchapter C, Chapter 605;
               (161)  Section 605.152;
               (162)  Section 605.153;
               (163)  Section 605.154;
               (164)  Section 605.201;
               (165)  Section 605.202;
               (166)  Sections 605.2021(a), (b), (c), (d), (e), (f),
  and (g);
               (167)  Section 605.203;
               (168)  Section 605.253;
               (169)  Section 605.254(b);
               (170)  Section 605.255(c);
               (171)  Section 605.259(b);
               (172)  Section 605.3535;
               (173)  Section 605.355;
               (174)  Section 605.401;
               (175)  Section 605.403;
               (176)  Section 605.404;
               (177)  Section 605.405;
               (178)  Section 605.406;
               (179)  Section 605.407;
               (180)  Section 605.408;
               (181)  Section 605.409;
               (182)  Section 605.410;
               (183)  Section 605.411;
               (184)  Section 701.003;
               (185)  Section 701.052;
               (186)  Section 701.053;
               (187)  Section 701.055;
               (188)  Section 701.056;
               (189)  Section 701.059;
               (190)  Subchapter C, Chapter 701;
               (191)  Section 701.152;
               (192)  Section 701.153;
               (193)  Section 701.1535;
               (194)  Section 701.156;
               (195)  Section 701.157;
               (196)  Section 701.159;
               (197)  Section 701.160;
               (198)  Section 701.161;
               (199)  Section 701.201;
               (200)  Section 701.202;
               (201)  Section 701.203;
               (202)  Section 701.204;
               (203)  Sections 701.2041(a), (b), (c), (d), (e), (f),
  and (g);
               (204)  Section 701.205;
               (205)  Section 701.206;
               (206)  Section 701.256;
               (207)  Section 701.261;
               (208)  Sections 701.301(b), (c), (d), (e), and (f);
               (209)  Section 701.302;
               (210)  Section 701.402;
               (211)  Section 701.404;
               (212)  Section 701.405;
               (213)  Section 701.406;
               (214)  Section 701.407;
               (215)  Section 701.408;
               (216)  Section 701.452;
               (217)  Section 701.453;
               (218)  Section 701.501;
               (219)  Section 701.502(c);
               (220)  Section 701.503;
               (221)  Section 701.504;
               (222)  Section 701.505;
               (223)  Section 701.506;
               (224)  Section 701.507;
               (225)  Section 701.508;
               (226)  Section 701.509;
               (227)  Section 701.510; and
               (228)  Section 701.511.
  PART 2.  TRANSFERS DURING BIENNIUM ENDING AUGUST 31, 2019
         SECTION 1.223.  Sections 106.115(a), (b-1), and (b-3),
  Alcoholic Beverage Code, are amended 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 an alcohol awareness program
  approved by the Texas Department of Licensing and Regulation [State
  Health Services] under this section or a drug and alcohol driving
  awareness program approved by the Texas Education Agency.  On
  conviction of a minor of an offense under one or more of those
  sections, the court, in 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 or a drug and alcohol driving
  awareness program described by this subsection.  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 or a drug and alcohol driving
  awareness program described by this subsection.  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 with the defendant.  
  The Texas Department of Licensing and Regulation or Texas
  Commission of Licensing and Regulation, as appropriate [State
  Health Services]:
               (1)  is responsible for the administration of the
  certification of approved alcohol awareness programs;
               (2)  may charge a nonrefundable application fee for:
                     (A)  initial certification of the approval; or
                     (B)  renewal of the certification;
               (3)  shall adopt rules regarding alcohol awareness
  programs approved under this section; and
               (4)  shall monitor, coordinate, and provide training to
  a person who provides an alcohol awareness program.
         (b-1)  If the defendant resides in a county with a population
  of 75,000 or less and access to an alcohol awareness program is not
  readily available in the county, the court may allow the defendant
  to take an online alcohol awareness program if the Texas Department
  of Licensing and Regulation [State Health Services] approves online
  courses or require the defendant to perform not less than eight
  hours of community service related to alcohol abuse prevention or
  treatment and approved by the Texas Department of Licensing and
  Regulation [State Health Services] under Subsection (b-3) instead
  of attending the alcohol awareness program. Community service
  ordered under this subsection is in addition to community service
  ordered under Section 106.071(d).
         (b-3)  The Texas Department of Licensing and Regulation
  [State Health Services] shall create a list of community services
  related to alcohol abuse prevention or treatment in each county in
  the state to which a judge may sentence a defendant under Subsection
  (b-1).
         SECTION 1.224.  Sections 13(h) and (j), Article 42.12, Code
  of Criminal Procedure, are amended to read as follows:
         (h)  If a person convicted of an offense under Sections
  49.04-49.08, Penal Code, is placed on community supervision, the
  judge shall require, as a condition of the community supervision,
  that the defendant attend and successfully complete before the
  181st day after the day community supervision is granted an
  educational program jointly approved by the Texas Department of
  Licensing and Regulation [Commission on Alcohol and Drug Abuse],
  the Department of Public Safety, the Traffic Safety Section of the
  Texas Department of Transportation, and the community justice
  assistance division of the Texas Department of Criminal Justice
  designed to rehabilitate persons who have driven while intoxicated.  
  The Texas Department of Licensing and Regulation [Commission on
  Alcohol and Drug Abuse] shall publish the jointly approved rules
  and shall monitor, coordinate, and provide training to persons
  providing the educational programs.  The Texas Department of
  Licensing and Regulation [Commission on Alcohol and Drug Abuse] is
  responsible for the administration of the certification of approved
  educational programs and may charge a nonrefundable application fee
  for the initial certification of approval and for renewal of a
  certificate.  The judge may waive the educational program
  requirement or may grant an extension of time to successfully
  complete the program that expires not later than one year after the
  beginning date of the person's community supervision, however, if
  the defendant by a motion in writing shows good cause.  In
  determining good cause, the judge may consider but is not limited
  to:  the defendant's school and work schedule, the defendant's
  health, the distance that the defendant must travel to attend an
  educational program, and the fact that the defendant resides out of
  state, has no valid driver's license, or does not have access to
  transportation.  The judge shall set out the finding of good cause
  for waiver in the judgment.  If a defendant is required, as a
  condition of community supervision, to attend an educational
  program or if the court waives the educational program requirement,
  the court clerk shall immediately report that fact to the
  Department of Public Safety, on a form prescribed by the
  department, for inclusion in the person's driving record.  If the
  court grants an extension of time in which the person may complete
  the program, the court clerk shall immediately report that fact to
  the Department of Public Safety on a form prescribed by the
  department.  The report must include the beginning date of the
  person's community supervision.  Upon the person's successful
  completion of the educational program, the person's instructor
  shall give notice to the Department of Public Safety for inclusion
  in the person's driving record and to the community supervision and
  corrections department.  The community supervision and corrections
  department shall then forward the notice to the court clerk for
  filing.  If the Department of Public Safety does not receive notice
  that a defendant required to complete an educational program has
  successfully completed the program within the period required by
  this section, as shown on department records, the department shall
  revoke the defendant's driver's license, permit, or privilege or
  prohibit the person from obtaining a license or permit, as provided
  by Sections 521.344(e) and (f), Transportation Code.  The
  Department of Public Safety may not reinstate a license suspended
  under this subsection unless the person whose license was suspended
  makes application to the department for reinstatement of the
  person's license and pays to the department a reinstatement fee of
  $100.  The Department of Public Safety shall remit all fees
  collected under this subsection to the comptroller for deposit in
  the general revenue fund.  This subsection does not apply to a
  defendant if a jury recommends community supervision for the
  defendant and also recommends that the defendant's driver's license
  not be suspended.
         (j)  The judge shall require a defendant who is punished
  under Section 49.09, Penal Code, as a condition of community
  supervision, to attend and successfully complete an educational
  program for repeat offenders approved by the Texas Department of
  Licensing and Regulation [Commission on Alcohol and Drug Abuse].
  The Texas Commission of Licensing and Regulation [on Alcohol and
  Drug Abuse] shall adopt rules and shall monitor, coordinate, and
  provide training to persons providing the educational programs.
  The Texas Department of Licensing and Regulation [Commission on
  Alcohol and Drug Abuse] is responsible for the administration of
  the certification of approved educational programs and may charge a
  nonrefundable application fee for initial certification of
  approval or for renewal of the certification. The judge may waive
  the educational program requirement only if the defendant by a
  motion in writing shows good cause. In determining good cause, the
  judge may consider the defendant's school and work schedule, the
  defendant's health, the distance that the defendant must travel to
  attend an educational program, and whether the defendant resides
  out of state or does not have access to transportation. The judge
  shall set out the finding of good cause in the judgment. If a
  defendant is required, as a condition of community supervision, to
  attend an educational program, the court clerk shall immediately
  report that fact to the Department of Public Safety, on a form
  prescribed by the department, for inclusion in the defendant's
  driving record. The report must include the beginning date of the
  defendant's community supervision. On the defendant's successful
  completion of the educational program for repeat offenders, the
  defendant's instructor shall give notice to the Department of
  Public Safety for inclusion in the defendant's driving record and
  to the community supervision and corrections department. The
  community supervision and corrections department shall then
  forward the notice to the court clerk for filing.  If the Department
  of Public Safety does not receive notice that a defendant required
  to complete an educational program has successfully completed the
  program for repeat offenders within the period required by the
  judge, as shown on department records, the department shall revoke
  the defendant's driver's license, permit, or privilege or prohibit
  the defendant from obtaining a license or permit, as provided by
  Sections 521.344(e) and (f), Transportation Code.
         SECTION 1.225.  Section 401.501, Health and Safety Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended by amending Subdivision (1) and adding
  Subdivisions (1-a) and (2) to read as follows:
               (1)  "Commission" means the Texas Commission of
  Licensing and Regulation.
               (1-a)  "Department" means the Texas Department of
  Licensing and Regulation [State Health Services].
               (2)  "Executive director" means the executive director
  of the department.
         SECTION 1.226.  Subchapter M, Chapter 401, Health and Safety
  Code, is amended by adding Section 401.5011 to read as follows:
         Sec. 401.5011.  GENERAL POWERS AND DUTIES. The executive
  director shall administer and enforce this chapter.
         SECTION 1.227.  Section 401.502, Health and Safety Code, is
  amended to read as follows:
         Sec. 401.502.  EXAMINATION. The commission [executive
  commissioner] may adopt rules to govern the development and
  administration of an examination for an applicant under this
  subchapter.
         SECTION 1.228.  Section 401.503, Health and Safety Code, is
  amended to read as follows:
         Sec. 401.503.  APPLICATION PROCESS. (a)  An application for
  a certificate or license under this subchapter must be submitted in
  the manner and [made] on a form prescribed [and provided] by the
  executive director [department].
         (b)  The application must require an applicant to provide
  sworn statements relating to the applicant's education and to
  provide other information required by the commission [department].
         SECTION 1.229.  Section 401.505(a), Health and Safety Code,
  is amended to read as follows:
         (a)  An applicant for a laser hair removal professional
  certificate must:
               (1)  be certified by a recognized certifying agency,
  including the Society for Clinical and Medical Hair Removal or
  another certification entity approved by the department;
               (2)  meet the requirements for a senior laser hair
  removal technician certificate under Section 401.506; and
               (3)  pass an examination required [administered] by the
  department.
         SECTION 1.230.  The heading to Section 401.512, Health and
  Safety Code, is amended to read as follows:
         Sec. 401.512.  TERM [RENEWAL] OF CERTIFICATE OR LICENSE.
         SECTION 1.231.  Section 401.512(a), Health and Safety Code,
  is amended to read as follows:
         (a)  A certificate or license expires on the second
  anniversary of the date of issuance and may be renewed.
         SECTION 1.232.  Section 401.515(b), Health and Safety Code,
  is amended to read as follows:
         (b)  The commission [executive commissioner] shall adopt
  rules relating to the customer notice.
         SECTION 1.233.  Sections 401.516(a) and (b), Health and
  Safety Code, are amended to read as follows:
         (a)  A laser hair removal facility shall post a warning sign
  as prescribed by the commission [department] in a conspicuous
  location readily visible to a person entering the facility.  The
  sign must provide a toll-free telephone number and e-mail address
  for the department and inform the customer that the customer may
  contact [call] the department.
         (b)  The commission [executive commissioner] shall adopt
  rules specifying the size, content, and design of the sign, with
  wording listing the potential dangers involved.
         SECTION 1.234.  Section 401.518(a), Health and Safety Code,
  is amended to read as follows:
         (a)  A laser hair removal facility operator is responsible
  for maintaining the laser hair removal facility's compliance with
  the requirements of this subchapter and commission [department]
  rules relating to laser and pulsed light devices.
         SECTION 1.235.  Section 401.519(b), Health and Safety Code,
  is amended to read as follows:
         (b)  Under the rules of the commission [department], a laser
  hair removal facility must document with the department the
  facility's contractual relationship with the consulting physician.
         SECTION 1.236.  Section 401.521(b), Health and Safety Code,
  is amended to read as follows:
         (b)  A person who violates Subsection (a) is practicing
  medicine in violation of Subtitle B, Title 3, Occupations Code, and
  is subject to the penalties under that subtitle and Subchapter F,
  Chapter 51, Occupations Code [under Section 401.522].
         SECTION 1.237.  The heading to Section 401.522, Health and
  Safety Code, is amended to read as follows:
         Sec. 401.522.  AMOUNT OF ADMINISTRATIVE PENALTY
  [ENFORCEMENT; PENALTIES].
         SECTION 1.238.  Section 401.522(a), Health and Safety Code,
  is amended to read as follows:
         (a)  The amount of [department may impose] an administrative
  penalty imposed for a violation of this subchapter or a rule adopted
  or order issued [on a person who violates this subchapter or a rule
  adopted] under this subchapter[.  The amount of the penalty] may
  not exceed $5,000 for each violation.
         SECTION 1.239.  Section 455.001, Occupations Code, is
  amended by amending Subdivisions (1) and (2) and adding Subdivision
  (1-a) to read as follows:
               (1)  "Commission" means the Texas Commission of
  Licensing and Regulation.
               (1-a) "Department" means the Texas Department of
  Licensing and Regulation [State Health Services].
               (2)  "Executive director" [commissioner"] means the
  executive director [commissioner] of the department [Health and
  Human Services Commission].
         SECTION 1.240.  The heading to Subchapter B, Chapter 455,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER B.  POWERS AND DUTIES [OF EXECUTIVE COMMISSIONER]
         SECTION 1.241.  Section 455.053, Occupations Code, is
  amended to read as follows:
         Sec. 455.053.  RULES REGARDING MASSAGE SCHOOLS. Rules
  adopted under this chapter relating to a massage school must
  contain minimum standards for:
               (1)  the issuance, denial, renewal, suspension,
  revocation, or probation of a license under this chapter;
               (2)  the qualifications of professional personnel;
               (3)  the supervision of professional personnel;
               (4)  the equipment essential to the education, health,
  and safety of students, massage school personnel, and the public;
               (5)  the sanitary and hygienic conditions of a massage
  school;
               (6)  the provision of massage therapy or other massage
  services by a massage school or student;
               (7)  the maximum number of hours a student may
  accumulate in a massage school's internship program before the
  student is required to be licensed under this chapter;
               (8)  the educational and clinical records kept by a
  massage school;
               (9)  the organizational structure of a massage school,
  including the lines of authority and the delegation of
  responsibility;
               (10)  fire prevention and safety in a massage school;
               (11)  the massage school's curriculum and educational
  material;
               (12)  massage school inspections; and
               (13)  any other aspect of the operation of a massage
  school that the commission [executive commissioner] considers
  necessary to protect students, massage school personnel, or the
  public.
         SECTION 1.242.  The heading to Subchapter C, Chapter 455,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER C.  POWERS AND DUTIES [OF DEPARTMENT]
         SECTION 1.243.  Section 455.101, Occupations Code, is
  amended to read as follows:
         Sec. 455.101.  GENERAL POWERS AND DUTIES [OF DEPARTMENT].
  (a)  The executive director [department] shall[:
               [(1)]  administer and enforce this chapter.
         (b)  The department shall:
               (1)  [;
               [(2)]  investigate a person who may be engaging in a
  practice that violates this chapter;
               (2) [(3)]  regulate the number and content of school
  hours provided by a massage school or a massage therapy instructor;
  and
               (3) [(4)]  prepare and administer a state examination
  under this chapter.
         SECTION 1.244.  Section 455.103, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 455.103.  MEMORANDUM OF UNDERSTANDING REGARDING
  MASSAGE SCHOOLS.  (a)  The commission [department] may enter into a
  memorandum of understanding with the Texas Education Agency to
  regulate massage schools.
         (b)  A memorandum must:
               (1)  be adopted by the commission [executive
  commissioner] by rule; and
               (2)  limit the total amount of the fees charged by the
  department and the Texas Education Agency for licensing a massage
  school to an amount equal to the amount of the fees the department
  would charge for licensing the massage school in the absence of the
  memorandum.
         SECTION 1.245.  Section 455.151(d), Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (d)  The department may issue one or more types of licenses
  not otherwise provided for by this chapter that authorize the
  license holder to perform a service described by Subsection (c).  
  The commission [executive commissioner] may adopt rules governing a
  license issued under this subsection.
         SECTION 1.246.  Section 455.153, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 455.153.  APPLICATION FOR LICENSE. An applicant for a
  license under this chapter must:
               (1)  submit an application in the manner and on a form
  prescribed [provided] by the executive director [department]; and
               (2)  include with the application the application fee
  set by the commission [executive commissioner] by rule.
         SECTION 1.247.  Sections 455.1572(c) and (e), Occupations
  Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular
  Session, 2015, are amended to read as follows:
         (c)  A provisional license is valid until the date the
  department approves or denies the provisional license holder's
  application for licensing.  The department shall issue a license
  under this chapter to the provisionally licensed person if the
  person:
               (1)  is eligible for a license under Section 51.404 
  [455.1571]; or
               (2)  passes the part of the examination under Section
  455.101 that relates to the applicant's knowledge and understanding
  of the laws and rules relating to the practice of massage therapy in
  this state and:
                     (A)  the department verifies that the person meets
  the academic and experience requirements for licensing under this
  chapter; and
                     (B)  the person satisfies any other licensing
  requirements under this chapter.
         (e)  The commission [executive commissioner] by rule may
  establish a fee for a provisional license.
         SECTION 1.248.  The heading to Section 455.160, Occupations
  Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular
  Session, 2015, is amended to read as follows:
         Sec. 455.160.  LICENSE TERM AND RENEWAL.
         SECTION 1.249.  Section 455.160(a), Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (a)  A license issued under this chapter is valid for two
  years.  A license holder must renew the license biennially.  [The
  license expires unless the license holder submits an application
  for renewal accompanied by the renewal fee prescribed by the
  executive commissioner by rule or by the late fee prescribed by this
  section.]
         SECTION 1.250.  Sections 455.203(a) and (b), Occupations
  Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular
  Session, 2015, are amended to read as follows:
         (a)  A massage school must meet the minimum standards of
  operation established by commission [department] rule.
         (b)  An instructor must meet the minimum requirements
  established by commission [department] rule.
         SECTION 1.251.  Section 455.251, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 455.251.  GROUNDS FOR LICENSE DENIAL OR DISCIPLINARY
  ACTION. (a)  The commission or executive director [department] may
  refuse to issue a license to a person and shall suspend, revoke, or
  refuse to renew the license of a person or shall reprimand a person
  licensed under this chapter if the person:
               (1)  obtains a license by fraud, misrepresentation, or
  concealment of material facts;
               (2)  sells, barters, or offers to sell or barter a
  license;
               (3)  violates a rule adopted by the commission
  [executive commissioner] under this chapter;
               (4)  engages in unprofessional conduct as defined by
  commission [department] rule that endangers or is likely to
  endanger the health, welfare, or safety of the public;
               (5)  violates an order or ordinance adopted by a
  political subdivision under Chapter 243, Local Government Code; or
               (6)  violates this chapter.
         (b)  The commission or executive director [department] shall
  revoke the license of a person licensed as a massage therapist or
  massage therapy instructor if:
               (1)  the person is convicted of, enters a plea of nolo
  contendere or guilty to, or receives deferred adjudication for an
  offense involving prostitution or another sexual offense; or
               (2)  the commission or executive director [department]
  determines the person has practiced or administered massage therapy
  at or for a sexually oriented business.
         (c)  The commission or executive director [department] shall
  revoke the license of a person licensed as a massage school or
  massage establishment if the commission or executive director
  [department] determines that:
               (1)  the school or establishment is a sexually oriented
  business; or
               (2)  an offense involving prostitution or another
  sexual offense that resulted in a conviction for the offense, a plea
  of nolo contendere or guilty to the offense, or a grant of deferred
  adjudication for the offense occurred on the premises of the school
  or establishment.
         SECTION 1.252.  The heading to Section 455.302, Occupations
  Code, is amended to read as follows:
         Sec. 455.302.  AMOUNT OF ADMINISTRATIVE PENALTY.
         SECTION 1.253.  Section 455.302(a), Occupations Code, is
  amended to read as follows:
         (a)  The amount of an administrative penalty imposed for a
  violation of this chapter or a rule adopted or order issued under
  this chapter may not exceed $1,000 for each violation. Each day a
  violation continues or occurs is a separate violation for purposes
  of imposing a penalty.
         SECTION 1.254.  Section 1952.001, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended by adding Subdivision (2-a) and amending
  Subdivisions (3) and (4) to read as follows:
               (2-a)  "Commission" means the Texas Commission of
  Licensing and Regulation.
               (3)  "Department" means the Texas Department of
  Licensing and Regulation [State Health Services].
               (4)  "Executive director [commissioner]" means the
  executive director [commissioner] of the department [Health and
  Human Services Commission].
         SECTION 1.255.  The heading to Subchapter B, Chapter 1952,
  Occupations Code, as amended by S.B. 219, Acts of the 84th
  Legislature, Regular Session, 2015, is amended to read as follows:
  SUBCHAPTER B.  POWERS AND DUTIES [OF EXECUTIVE COMMISSIONER AND
  DEPARTMENT]
         SECTION 1.256.  Section 1952.051, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 1952.051.  GENERAL POWERS AND DUTIES [RULES]. (a)  The
  executive director shall administer and enforce this chapter.
         (b)  The commission [executive commissioner] by rule shall[:
               [(1)]  adopt standards and education requirements
  consistent with those established under Chapter 654, Government
  Code, for the registration of:
               (1) [(A)]  code enforcement officers; and
               (2) [(B)]  code enforcement officers in training[; and
               [(2)     prescribe application forms for original and
  renewal certificates of registration].
         SECTION 1.257.  Section 1952.053(b), Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (b)  The register must include:
               (1)  the name, residence, date of birth, and social
  security number of the applicant;
               (2)  the name and address of the employer or business of
  the applicant;
               (3)  the date of the application;
               (4)  the education and experience qualifications of the
  applicant;
               (5)  the action taken by the department regarding the
  application and the date of the action;
               (6)  the serial number of any certificate of
  registration issued to the applicant; and
               (7)  any other information required by commission
  [department] rule.
         SECTION 1.258.  Subchapter B, Chapter 1952, Occupations
  Code, is amended by adding Section 1952.055 to read as follows:
         Sec. 1952.055.  ADVISORY COMMITTEE. The department may
  establish an advisory committee to provide advice and
  recommendations to the department on technical matters relevant to
  the administration of this chapter.
         SECTION 1.259.  Section 1952.102, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 1952.102.  ELIGIBILITY TO REGISTER AS CODE ENFORCEMENT
  OFFICER. To be eligible to receive a certificate of registration as
  a code enforcement officer, a person must:
               (1)  submit an application in the manner and on the form
  prescribed by the executive director;
               (2)  have at least one year of full-time experience in
  the field of code enforcement;
               (3) [(2)]  pass the examination required [conducted]
  by the department [or the department's designee];
               (4) [(3)]  pay the application, examination, and
  registration fees; and
               (5) [(4)]  meet any other requirements prescribed by
  this chapter or by commission [department] rule.
         SECTION 1.260.  Section 1952.103(a), Occupations Code, is
  amended to read as follows:
         (a)  An applicant for a certificate of registration under
  this chapter who has less than one year of full-time experience in
  code enforcement is entitled to receive a certificate of
  registration as a code enforcement officer in training on:
               (1)  passing the examination described by Section
  1952.102(3) [1952.102(2)]; [and]
               (2)  paying the required fees; and
               (3)  meeting any other requirement prescribed by this
  chapter or by commission rule.
         SECTION 1.261.  The heading to Section 1952.105, Occupations
  Code, is amended to read as follows:
         Sec. 1952.105.  TERM [RENEWAL OR REINSTATEMENT] OF
  CERTIFICATE; RENEWAL.
         SECTION 1.262.  Section 1952.105(a), Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (a)  A certificate of registration issued under this chapter
  expires on the second anniversary of the date of issuance and may be
  renewed biennially on payment of the required renewal fee and on
  completion of the continuing education requirements prescribed by
  commission [department] rule.
         SECTION 1.263.  Section 1952.1051, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 1952.1051.  CONTINUING EDUCATION. The commission
  [executive commissioner] by rule shall prescribe continuing
  education requirements for code enforcement officers and code
  enforcement officers in training that:
               (1)  establish the number of hours of continuing
  education required for renewal of a certificate of registration;
               (2)  establish an approved curriculum that includes
  material regarding changes in applicable law; and
               (3)  provide that the approved curriculum may be taught
  by suitable public agencies and by private entities approved by the
  department.
         SECTION 1.264.  Section 1952.151, Occupations Code, is
  amended to read as follows:
         Sec. 1952.151.  DENIAL OF CERTIFICATE; DISCIPLINARY ACTION.
  (a)  The commission or executive director [department] may deny a
  person's application for a certificate of registration if the
  person's certificate or license to engage in code enforcement or a
  related profession has been revoked by another licensing entity in
  this state or another state for:
               (1)  unprofessional conduct;
               (2)  fraud, deceit, or negligence; or
               (3)  misconduct in the practice of code enforcement or
  a related profession.
         (b)  The commission or executive director [department] shall
  suspend or revoke a certificate of registration issued under this
  chapter if the commission or executive director [department]
  determines that the certificate holder:
               (1)  engaged in fraud or deceit in obtaining a
  certificate; or
               (2)  is grossly negligent, incompetent, or guilty of
  misconduct in the practice of code enforcement.
         SECTION 1.265.  Section 1952.252(a), Occupations Code, is
  amended to read as follows:
         (a)  The amount of an [the] administrative penalty imposed
  for a violation of this chapter or a rule adopted or order issued
  under this chapter may not be less than $50 or more than $5,000 for
  each violation. Each day a violation continues or occurs is a
  separate violation for the purpose of imposing a penalty.
         SECTION 1.266.  Section 1953.001, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended by amending Subdivisions (1) and (2) and adding
  Subdivision (1-a) to read as follows:
               (1)  "Commission" means the Texas Commission of
  Licensing and Regulation.
               (1-a)  "Department" means the Texas Department of
  Licensing and Regulation [State Health Services].
               (2)  "Executive director [commissioner]" means the
  executive director [commissioner] of the department [Health and
  Human Services Commission].
         SECTION 1.267.  The heading to Subchapter B, Chapter 1953,
  Occupations Code, as amended by S.B. 219, Acts of the 84th
  Legislature, Regular Session, 2015, is amended to read as follows:
  SUBCHAPTER B.  POWERS AND DUTIES [OF EXECUTIVE COMMISSIONER AND
  DEPARTMENT]
         SECTION 1.268.  Section 1953.051, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 1953.051.  GENERAL POWERS AND DUTIES [OF DEPARTMENT].  
  (a)  The executive director shall administer and enforce this
  chapter.
         (b)  The department shall:
               (1)  administer continuing education requirements; and
               (2)  prescribe necessary forms.
         SECTION 1.269.  Subchapter B, Chapter 1953, Occupations
  Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular
  Session, 2015, is amended by adding Section 1953.0512 to read as
  follows:
         Sec. 1953.0512.  ADVISORY COMMITTEE. The department may
  establish an advisory committee to provide advice and
  recommendations to the department on technical matters relevant to
  the administration of this chapter.
         SECTION 1.270.  Section 1953.102, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 1953.102.  ELIGIBILITY REQUIREMENTS. (a)  To be
  eligible to receive a certificate of registration as a professional
  sanitarian, a person must:
               (1)  hold at least a bachelor's degree from an
  accredited college or university that includes at least 30 semester
  hours in basic or applied science;
               (2)  complete any additional training in the basic
  sciences or public health the department [executive commissioner]
  determines necessary to effectively serve as a professional
  sanitarian; and
               (3)  have at least two years of full-time experience in
  sanitation.
         (b)  The commission [executive commissioner] by rule may
  establish other qualifications for registration.
         SECTION 1.271.  Section 1953.104(a), Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (a)  The department shall issue a certificate of
  registration as a professional sanitarian to a person who:
               (1)  applies in the manner and on the form prescribed by
  the executive director [department];
               (2)  pays the registration fee set by the commission 
  [executive commissioner] by rule;
               (3)  meets the eligibility requirements prescribed by
  Section 1953.102; and
               (4)  passes an examination under Subchapter D.
         SECTION 1.272.  Section 1953.105(a), Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (a)  The department shall issue a certificate of
  registration as a sanitarian in training to a person who:
               (1)  is employed in sanitation;
               (2)  meets the eligibility requirements prescribed by
  Section 1953.102, other than the requirements relating to
  experience;
               (3)  pays a registration fee prescribed by the
  commission [executive commissioner] by rule for a sanitarian in
  training; and
               (4)  passes an examination under Subchapter D.
         SECTION 1.273.  The heading to Section 1953.106, Occupations
  Code, is amended to read as follows:
         Sec. 1953.106.  RENEWAL [OR REINSTATEMENT] OF CERTIFICATE.
         SECTION 1.274.  Section 1953.106(a), Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (a)  To renew a certificate of registration under this
  chapter, a professional sanitarian must:
               (1)  pay to the department a renewal fee prescribed by
  the commission [executive commissioner] by rule; and
               (2)  provide proof of completion of continuing
  education requirements [contact hours as] prescribed by the
  commission by rule [executive commissioner].
         SECTION 1.275.  Section 1953.151(b), Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (b)  An applicant for a certificate of registration may not
  take the examination unless the applicant pays the examination fee
  prescribed by the commission [executive commissioner] by rule.
         SECTION 1.276.  Section 1953.201, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 1953.201.  DENIAL OF CERTIFICATE; DISCIPLINARY ACTION.
  (a)  The commission or executive director [department] may deny a
  person's application for a certificate of registration if:
               (1)  the person's certificate or license to engage in a
  profession in this state or elsewhere has been revoked for
  unprofessional conduct, fraud, deceit, negligence, or misconduct
  in the practice of the profession; or
               (2)  satisfactory proof is presented to the commission
  or executive director [department] establishing that the person has
  been found guilty of unprofessional conduct, fraud, deceit,
  negligence, or misconduct in the practice of a profession.
         (b)  The commission or executive director [department] may
  suspend or revoke a certificate of registration if the certificate
  holder:
               (1)  practiced fraud or deceit in obtaining the
  certificate; or
               (2)  acted in a manner constituting gross negligence,
  incompetency, or misconduct in the practice of sanitation.
         SECTION 1.277.  Section 1953.302(a), Occupations Code, is
  amended to read as follows:
         (a)  The amount of an [the] administrative penalty imposed
  for a violation of this chapter or a rule adopted or order issued
  under this chapter may not be less than $50 or more than $5,000 for
  each violation. Each day a violation continues or occurs is a
  separate violation for the purpose of imposing a penalty.
         SECTION 1.278.  Section 1958.001, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended by amending Subdivisions (1) and (2) and adding
  Subdivision (1-a) to read as follows:
               (1)  "Commission" means the Texas Commission of
  Licensing and Regulation.
               (1-a)  "Department" means the Texas Department of
  Licensing and Regulation [State Health Services].
               (2)  "Executive director [commissioner]" means the
  executive director [commissioner] of the department [Health and
  Human Services Commission].
         SECTION 1.279.  Section 1958.051, Occupations Code, is
  amended to read as follows:
         Sec. 1958.051.  GENERAL POWERS AND DUTIES [OF DEPARTMENT;
  SCOPE OF AUTHORITY]. The executive director [department] shall
  administer and enforce this chapter to protect the public from the
  adverse health effects of mold.
         SECTION 1.280.  Section 1958.054, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 1958.054.  RULES REGARDING PERFORMANCE STANDARDS AND
  WORK PRACTICES. The commission [executive commissioner] by rule
  shall establish minimum performance standards and work practices
  for conducting a mold assessment or mold remediation in this state.
         SECTION 1.281.  Section 1958.056(b), Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (b)  The commission [executive commissioner] shall adopt
  rules regarding compliance investigations.
         SECTION 1.282.  Section 1958.058, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 1958.058.  SAFETY STANDARDS. The commission [executive
  commissioner] by rule may develop and establish mold safety
  standards for license holders if appropriate scientific
  information exists regarding the effect of mold.
         SECTION 1.283.  Section 1958.059, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 1958.059.  CODE OF ETHICS. The commission [executive
  commissioner] by rule shall adopt a code of ethics for license
  holders that promotes the education of mold assessors and mold
  remediators concerning the ethical, legal, and business principles
  that should govern their conduct.
         SECTION 1.284.  Section 1958.101(b), Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (b)  The commission [executive commissioner] shall adopt
  rules regarding:
               (1)  the scope of mold-related work for which a license
  is required, including the supervision of employees or other
  persons by license holders; and
               (2)  renewal requirements for a license issued under
  this chapter.
         SECTION 1.285.  Section 1958.103, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 1958.103.  REGISTRATION REQUIREMENTS FOR EMPLOYEES.
  The commission [executive commissioner] may adopt rules to require
  the registration of employees supervised by license holders.
         SECTION 1.286.  Section 1958.104, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 1958.104.  RULES REGARDING LICENSE APPLICATION.  The
  commission [executive commissioner] shall adopt rules regarding a
  license application.  The commission [executive commissioner]
  shall adopt rules that establish minimum requirements for a
  license, including:
               (1)  the type of license;
               (2)  the qualifications for the license, including any
  previous training required under Section 1958.106;
               (3)  renewal requirements for the license, including
  ongoing continuing education required under Section 1958.106; and
               (4)  liability insurance requirements for the license.
         SECTION 1.287.  Section 1958.106(a), Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (a)  The commission [executive commissioner] shall adopt
  rules regarding training required under this chapter and continuing
  education required for a license holder under this chapter.
         SECTION 1.288.  Section 1958.153(c), Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (c)  The commission [executive commissioner] shall adopt
  rules to implement this section, including rules:
               (1)  describing the information that must be provided
  in the notice; and
               (2)  authorizing verbal notification to the department
  in an emergency.
         SECTION 1.289.  Section 1958.154(c), Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (c)  The commission [executive commissioner] shall adopt
  rules to implement this section, other than rules described by
  Subsection (d).
         SECTION 1.290.  Section 1958.155(c), Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (c)  A license holder who is not an individual shall disclose
  to the department the name, address, and occupation of each person
  that has an ownership interest in the license holder. The license
  holder shall report any changes in ownership to the department. The
  commission [executive commissioner] shall adopt rules to implement
  this section, including rules regarding the form of the disclosure
  and the time required to make disclosures or to report a change in
  ownership.
         SECTION 1.291.  Section 1958.201, Occupations Code, is
  amended to read as follows:
         Sec. 1958.201.  DISCIPLINARY ACTION. If a license holder
  violates this chapter or an order or rule adopted under this
  chapter, the commission or executive director [department], after
  providing the person with notice and an opportunity for a hearing,
  shall take one or more of the following actions:
               (1)  revoke, suspend, or refuse to renew the license;
               (2)  impose an administrative penalty;
               (3)  bring an action to collect a civil penalty; or
               (4)  reprimand the person.
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