BILL ANALYSIS

 

 

 

C.S.H.B. 2629

By: Thompson, Senfronia

Licensing & Administrative Procedures

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Concerned parties assert that the Texas cosmetology industry serves a significant number of Texans each day and that each interaction with a customer represents an opportunity to spot signs of human trafficking or to educate individuals on the signs of human trafficking.    C.S.H.B. 2629 seeks to combat human trafficking by providing human trafficking awareness training for cosmetologists as part of a cosmetologist's continuing education requirements and by requiring signs regarding services and assistance available to victims of human trafficking to be posted on licensed cosmetology premises.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that rulemaking authority is expressly granted to the Texas Commission of Licensing and Regulation in SECTION 2 of this bill.

 

ANALYSIS

 

C.S.H.B. 2629 amends the Occupations Code to require the Texas Commission of Licensing and Regulation to require continuing education programs under statutory provisions relating to cosmetologists to include information on activities commonly associated with human trafficking, recognition of potential victims of human trafficking, and methods for assisting victims of human trafficking, including how to report human trafficking. The bill requires the commission, not later than March 1, 2018, to adopt rules as necessary to comply with that requirement and makes that requirement and the adopted rules applicable only to a continuing education program provided on or after September 1, 2018. The bill requires a facility that holds a license, certificate, or permit under statutory provisions relating to cosmetologists to display a sign  approved by or acceptable to the commission or the Texas Department of Licensing and Regulation concerning services and assistance available to victims of human trafficking. The bill requires the sign to be in English, Spanish, and Vietnamese and include a toll-free telephone number of a nationally recognized information and referral hotline for victims of human trafficking. The bill requires the commission to establish by rule requirements regarding the posting of such signs and to adopt the necessary rules not later than January 1, 2018, and requires an applicable facility to comply with the bill's sign requirements not later than February 1, 2018.

 

EFFECTIVE DATE

 

September 1, 2017.

 

 

COMPARISON OF ORIGINAL AND SUBSTITUTE

 

While C.S.H.B. 2629 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

 

INTRODUCED

HOUSE COMMITTEE SUBSTITUTE

SECTION 1.  Section 1602.354, Occupations Code, is amended by adding Subsection (c) to read as follows:

(c)  The commission shall include in the commission's continuing education programs for license holders information on:

(1)  activities commonly associated with human trafficking;

(2)  recognition of potential victims of human trafficking; and

(3)  methods for assisting victims of human trafficking, including how to report human trafficking.

SECTION 1.  Section 1602.354, Occupations Code, is amended by adding Subsection (c) to read as follows:

(c)  The commission shall require continuing education programs under this chapter to include information on:

(1)  activities commonly associated with human trafficking;

(2)  recognition of potential victims of human trafficking; and

(3)  methods for assisting victims of human trafficking, including how to report human trafficking.

SECTION 2.  Subchapter I, Chapter 1602, Occupations Code, is amended by adding Section 1602.408 to read as follows:

Sec. 1602.408.  POSTING OF CERTAIN NOTICES REQUIRED.  (a)  In this section, "licensed facility" means the premises of a place of business that holds a license, certificate, or permit under this chapter.

(b)  A licensed facility shall display a sign that is approved by the commission and that concerns services and assistance available to victims of human trafficking.

 

(c)  The sign required by this section must be in English, Spanish, and Vietnamese and include a toll-free telephone number of a nationally recognized information and referral hotline for victims of human trafficking.

 

SECTION 2.  Subchapter I, Chapter 1602, Occupations Code, is amended by adding Section 1602.408 to read as follows:

Sec. 1602.408.  POSTING OF CERTAIN NOTICES REQUIRED.  (a) In this section, "licensed facility" means the premises of a place of business that holds a license, certificate, or permit under this chapter.

(b)  A licensed facility shall display a sign approved by or acceptable to the commission or the department concerning services and assistance available to victims of human trafficking.

(c)  The sign required by this section must be in English, Spanish, and Vietnamese and include a toll-free telephone number of a nationally recognized information and referral hotline for victims of human trafficking.

(d)  The commission by rule shall establish requirements regarding the posting of signs under this section.

SECTION 3.  Not later than January 1, 2018, the Texas Commission of Licensing and Regulation shall modify continuing education programs as necessary to comply with Section 1602.354, Occupations Code, as amended by this Act.

No equivalent provision.

 

No equivalent provision.

 

SECTION 3.  (a)  Not later than March 1, 2018, the Texas Commission of Licensing and Regulation shall adopt rules as necessary to comply with Section 1602.354, Occupations Code, as amended by this Act.

(b)  Section 1602.354(c), Occupations Code, as added by this Act, and the rules adopted under Subsection (a) of this section apply only to a continuing education program provided on or after September 1, 2018.

No equivalent provision.

 

SECTION 4.  (a)  Not later than January 1, 2018, the Texas Commission of Licensing and Regulation shall adopt rules as necessary to implement Section 1602.408, Occupations Code, as added by this Act.

(b)  A licensed facility as defined by Section 1602.408(a), Occupations Code, as added by this Act, shall comply with Section 1602.408, Occupations Code, as added by this Act, not later than February 1, 2018.

SECTION 4.  This Act takes effect September 1, 2017.

SECTION 5. Same as introduced version.