84R9018 MAW-D
	By: Huffines	S.B. No. 1608

	A BILL TO BE ENTITLED
	AN ACT
	relating to abolishing certain occupational licensing requirements
	and associated regulations.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Sections 106.115(a) and (b-1), 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 Department of 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 Department of 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 Department of
	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 Department of 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).
	SECTION 2.  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 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 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 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 Commission on
	Alcohol and Drug Abuse. The Texas Commission on Alcohol and Drug
	Abuse shall adopt rules and shall monitor, coordinate, and provide
	training to persons providing the educational programs. The Texas
	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 3.  Section 437.0123(a), Health and Safety Code, is
	amended to read as follows:
	(a)  A county that has a population of at least 2.8 million or
	a public health district at least part of which is in a county that
	has a population of at least 2.8 million may require the payment of
	a fee for issuing or renewing a permit or for performing an
	inspection to enforce this chapter or a rule adopted under this
	chapter. [A county with a population of at least 2.8 million may
	require a trained food manager to be on duty during each day of
	operation of a food service establishment. The training required
	of food managers can be no more extensive than that specified under
	Subchapter D, Chapter 438. A food service establishment that
	handles only prepackaged food and does not prepare or package food
	may not be required to have a certified food manager under this
	section.]
	SECTION 4.  Section 437.019(a), Health and Safety Code, is
	amended to read as follows:
	(a)  Except as provided by Subsection (c), a bed and
	breakfast establishment with seven or fewer rooms for rent that
	serves only breakfast to its overnight guests is not a food service
	establishment for purposes of this chapter. [An owner or manager of
	a bed and breakfast establishment covered by this subsection shall
	successfully complete a food manager's certification course
	accredited by the department.]
	SECTION 5.  Section 1001.071, Health and Safety Code, is
	amended to read as follows:
	Sec. 1001.071.  GENERAL POWERS AND DUTIES OF DEPARTMENT
	RELATED TO HEALTH CARE. The department is responsible for
	administering human services programs regarding the public health,
	including:
	(1)  implementing the state's public health care
	delivery programs under the authority of the department;
	(2)  administering state health facilities, hospitals,
	and health care systems;
	(3)  developing and providing health care services, as
	directed by law;
	(4)  providing for the prevention and control of
	communicable diseases;
	(5)  providing public education on health-related
	matters, as directed by law;
	(6)  compiling and reporting health-related
	information, as directed by law;
	(7)  acting as the lead agency for implementation of
	state policies regarding the human immunodeficiency virus and
	acquired immunodeficiency syndrome and administering programs
	related to the human immunodeficiency virus and acquired
	immunodeficiency syndrome;
	(8)  investigating the causes of injuries and methods
	of prevention;
	(9)  administering a grant program to provide
	appropriated money to counties, municipalities, public health
	districts, and other political subdivisions for their use to
	provide or pay for essential public health services;
	(10)  administering the registration of vital
	statistics;
	(11)  licensing, inspecting, and enforcing regulations
	regarding health facilities, other than long-term care facilities
	regulated by the Department of Aging and Disability Services;
	(12)  implementing established standards and
	procedures for the management and control of sanitation and for
	health protection measures;
	(13)  enforcing regulations regarding radioactive
	materials;
	(14)  enforcing regulations regarding food, [bottled
	and vended drinking water,] drugs, cosmetics, and health devices;
	(15)  enforcing regulations regarding food service
	establishments, retail food stores, mobile food units, and roadside
	food vendors;
	(16)  enforcing regulations controlling hazardous
	substances in households and workplaces; and
	(17)  implementing a mental health program for
	veterans.
	SECTION 6.  Section 32.074(a), Human Resources Code, is
	amended to read as follows:
	(a)  In this section, "personal emergency response system"
	has the meaning assigned by Section 1702.331, Occupations [781.001,
	Health and Safety] Code.
	SECTION 7.  Section 843.002(24), Insurance Code, is amended
	to read as follows:
	(24)  "Provider" means:
	(A)  a person, other than a physician, who is
	licensed or otherwise authorized to provide a health care service
	in this state, including:
	(i)  a chiropractor, registered nurse,
	pharmacist, optometrist, [registered optician,] or acupuncturist;
	or
	(ii)  a pharmacy, hospital, or other
	institution or organization;
	(B)  a person who is wholly owned or controlled by
	a provider or by a group of providers who are licensed or otherwise
	authorized to provide the same health care service; or
	(C)  a person who is wholly owned or controlled by
	one or more hospitals and physicians, including a
	physician-hospital organization.
	SECTION 8.  Sections 351.005(a) and (d), Occupations Code,
	are amended to read as follows:
	(a)  This chapter does not:
	(1)  apply to an officer or agent of the United States
	or this state in performing official duties;
	(2)  prevent or interfere with the right of a physician
	licensed by the Texas [State Board of] Medical Board [Examiners]
	to:
	(A)  treat or prescribe for a patient; or
	(B)  direct or instruct a person under the
	physician's control, supervision, or direction to aid or attend to
	the needs of a patient according to the physician's specific
	direction, instruction, or prescription;
	(3)  prevent a person from selling ready-to-wear
	eyeglasses as merchandise at retail;
	(4)  prevent an unlicensed person from making simple
	repairs to eyeglasses;
	(5)  [prevent or interfere with the right of a
	dispensing optician registered under Chapter 352 to engage in
	spectacle or contact lens dispensing under that chapter;
	[(6)]  prevent an ophthalmic dispenser who does not
	practice optometry or therapeutic optometry from measuring
	interpupillary distances or making facial measurements to dispense
	or adapt an ophthalmic prescription, lens, product, or accessory in
	accordance with the specific directions of a written prescription
	signed by an optometrist, therapeutic optometrist, or licensed
	physician;
	(6) [(7)]  prevent the administrator or executor of the
	estate of a deceased optometrist or therapeutic optometrist from
	employing an optometrist or therapeutic optometrist to continue the
	practice of the deceased during estate administration; or
	(7) [(8)]  prevent an optometrist or therapeutic
	optometrist from working for the administrator or executor of the
	estate of a deceased optometrist or therapeutic optometrist to
	continue the practice of the deceased during estate administration.
	(d)  Continuation of the practice of a deceased optometrist
	or therapeutic optometrist by an estate under Subsections (a)(6)
	and (7) [(a)(7) and (8)] must:
	(1)  be authorized by the county judge; and
	(2)  terminate before the first anniversary of the date
	of death of the optometrist or therapeutic optometrist.
	SECTION 9.  The heading to Subtitle G, Title 3, Occupations
	Code, is amended to read as follows:
	SUBTITLE G.  PROFESSIONS RELATED TO HEARING AND[,] SPEECH[, AND
	DYSLEXIA]
	SECTION 10.  Section 521.374(a), Transportation Code, is
	amended to read as follows:
	(a)  A person whose license is suspended under Section
	521.372 may attend an educational program[, approved by the Texas
	Commission on Alcohol and Drug Abuse under rules adopted by the
	commission and the department, that is designed to educate persons
	on the dangers of drug abuse].
	SECTION 11.  The following provisions of the Health and
	Safety Code are repealed:
	(1)  Section 437.0057;
	(2)  Section 437.0075;
	(3)  Section 437.0076;
	(4)  Section 437.0195;
	(5)  Subchapter D, Chapter 438;
	(6)  Subchapter G, Chapter 438;
	(7)  Chapter 441; and
	(8)  Chapter 781.
	SECTION 12.  The following provisions of the Occupations
	Code are repealed:
	(1)  Section 351.005(c);
	(2)  Chapter 352;
	(3)  Chapter 353;
	(4)  Chapter 403;
	(5)  Chapter 601;
	(6)  Chapter 602;
	(7)  Chapter 603;
	(8)  Chapter 604;
	(9)  Chapter 701;
	(10)  Chapter 1952; and
	(11)  Chapter 1958.
	SECTION 13.  The following provisions of the Transportation
	Code are repealed:
	(1)  Section 521.375; and
	(2)  Section 521.376.
	SECTION 14.  On the effective date of this Act, a license,
	permit, certification of registration, or other authorization
	issued under a law that is repealed by this Act expires.
	SECTION 15.  The changes in law made by this Act do not
	affect the validity of a disciplinary action or other proceeding
	that was initiated before the effective date of this Act and that is
	pending before a court or other governmental entity on the
	effective date of this Act.
	SECTION 16.  An offense under or other violation of a law
	that is repealed by this Act is governed by the law in effect when
	the offense or violation was committed, and the former law is
	continued in effect for that purpose. For purposes of this section,
	an offense or violation was committed before the effective date of
	this Act if any element of the offense or violation occurred before
	that date.
	SECTION 17.  This Act takes effect September 1, 2015.