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  H.B. No. 4007
 
 
 
 
AN ACT
  relating to the licensing and regulation of health-related
  occupations transferred to the Texas Department of Licensing and
  Regulation.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. MIDWIFERY
         SECTION 1.001.  Section 203.157(c), Occupations Code, is
  amended to read as follows:
         (c)  The department shall post a list of licensed midwives on
  the department's Internet website [provide each county clerk and
  each local registrar of births in a county with the name of each
  midwife practicing in the county].
         SECTION 1.002.  Section 203.353, Occupations Code, is
  amended to read as follows:
         Sec. 203.353.  PREVENTION OF OPHTHALMIA NEONATORUM. (a)
  Subject to Subsection (b), unless [Unless] the newborn child is
  immediately transferred to a hospital because of an emergency, a
  midwife who attends the birth of the child shall comply with Section
  81.091, Health and Safety Code.
         (b)  A midwife in attendance at childbirth who is unable to
  apply prophylaxis as required by Section 81.091, Health and Safety
  Code, due to the objection of the parent, managing conservator, or
  guardian of the newborn child does not commit an offense under that
  section and is not subject to any criminal, civil, or
  administrative liability or any professional disciplinary action
  for failure to administer the prophylaxis. The midwife in
  attendance at childbirth shall ensure that the objection of the
  parent, managing conservator, or guardian is entered into the
  medical record of the child. 
         SECTION 1.003.  The heading to Subchapter K, Chapter 203,
  Occupations Code, is amended to read as follows:
         SUBCHAPTER K. [OTHER PENALTIES AND] ENFORCEMENT PROVISIONS
         SECTION 1.004.  The following provisions of the Occupations
  Code are repealed:
               (1)  Section 203.501; and
               (2)  Section 203.504.
  ARTICLE 2. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
         SECTION 2.001.  Section 401.102(b), Occupations Code, is
  amended to read as follows:
         (b)  Advisory 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
               (2) [(3)]  be from varying employment settings.
         SECTION 2.002.  Section 401.305(b), Occupations Code, is
  amended to read as follows:
         (b)  The department shall administer or provide for the
  administration of an examination at least twice each year.
         SECTION 2.003.  Section 401.402(b), Occupations Code, is
  amended to read as follows:
         (b)  A person licensed as a speech-language pathologist
  under this chapter may not fit or[,] dispense[, or sell] hearing
  instruments unless the person meets the specific requirements for
  fitting and dispensing hearing instruments under this chapter or
  Chapter 402.
         SECTION 2.004.  The following provisions of the Occupations
  Code are repealed:
               (1)  Section 401.253;
               (2)  Section 401.307;
               (3)  Section 401.310;
               (4)  Section 401.453;
               (5)  Section 401.503; and
               (6)  Subchapter L, Chapter 401.
         SECTION 2.005.  (a)  A temporary certificate of registration
  issued under former Section 401.310, Occupations Code, that is in
  effect on the effective date of this Act continues to be valid until
  the certificate expires and former Section 401.310, Occupations
  Code, is continued in effect for that purpose. Chapter 401,
  Occupations Code, as amended by this Act, continues to apply to a
  holder of an unexpired temporary certificate of registration.
         (b)  On or after the effective date of this Act, the Texas
  Department of Licensing and Regulation may not renew or extend a
  temporary certificate of registration.
         (c)  A proceeding under Chapter 401, Occupations Code, that
  is pending against a holder of a temporary certificate of
  registration on the date the certificate expires is terminated on
  that date.
  ARTICLE 3. HEARING INSTRUMENT FITTERS AND DISPENSERS
         SECTION 3.001.  Section 402.003, Occupations Code, is
  amended by amending Subsections (a) and (b) and adding Subsection
  (a-1) to read as follows:
         (a)  Except as provided by Subsections (a-1) and (b) and
  Section 402.451(a), this chapter applies only to a person who
  engages or offers to engage in fitting and dispensing hearing
  instruments.
         (a-1)  This chapter does not apply to:
               (1)  a person engaged in the practice of measuring
  human hearing as a part of the academic curriculum of an accredited
  institution of higher learning if the person or the person's
  employees do not sell hearing instruments;
               (2)  a physician licensed by the Texas Medical Board;
               (3)  a person with a master's degree or doctorate in
  audiology from an accredited college or university who does not
  sell hearing instruments, to the extent the person engages in the
  measurement of human hearing by the use of an audiometer or by any
  other means to make selections and adaptations of or
  recommendations for a hearing instrument and to make impressions
  for earmolds to be used as part of a hearing instrument;
               (4)  an audiologist or an audiology intern licensed
  under Chapter 401, except as may otherwise be provided by the
  following provisions, which refer to Chapter 401:
                     (A)  Section 402.051(a)(1);
                     (B)  Section 402.202(b);
                     (C)  Section 402.252; and
                     (D)  Section 402.255(a);
                     [(E)  Section 402.406(a); and
                     [(F)  Section 402.451(a)(6);] and
               (5)  a student of audiology in an accredited college or
  university program, if the student's activities and services are
  part of the student's supervised course of study or practicum
  experience.
         (b)  A student described by Subsection (a-1)(5) [(a)(5)] is
  subject to Chapter 401.
         SECTION 3.002.  Section 402.051(a), Occupations Code, is
  amended to read as follows:
         (a)  The advisory board consists of nine members appointed by
  the presiding officer of the commission with the approval of the
  commission 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
                     (B) [(C)]  specializes in the practice of
  otolaryngology; and
               (3)  two members of the public.
         SECTION 3.003.  Section 402.209(c), Occupations Code, is
  amended to read as follows:
         (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 by rule; or
                     (B)  the applicant holds a certification from a
  professional organization approved by the commission 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.
         SECTION 3.004.  Section 402.251, Occupations Code, is
  amended to read as follows:
         Sec. 402.251.  TEMPORARY TRAINING PERMIT QUALIFICATIONS.
  (a) The department 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);
               (2) [(3)]  submits a written application on a form
  prescribed by the department furnishing documentation that the
  applicant satisfies the requirements of Subdivision [Subdivisions]
  (1) [and (2)]; and
               (3) [(4)]  pays any required fee.
         (b)  The commission by rule may provide for the issuance of 
  [department may issue] a new temporary training permit under this
  section [to a person on or after the 365th day] after a [the]
  person's [previous] temporary training permit expires [expired].
         SECTION 3.005.  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 by the department. After
  the temporary training permit holder has completed 150 contact
  hours, the supervisor and the permit holder shall submit
  verification of compliance [sign the form, and the form shall be
  notarized and mailed] to the department.
         SECTION 3.006.  Section 402.304, Occupations Code, is
  amended to read as follows:
         Sec. 402.304.  ALTERNATIVE [ALTERNATIVES] TO CONTINUING
  EDUCATION REQUIREMENT. [(a)     On written request to the department,
  a license holder may take the state examination. A license holder
  who pays the examination fee and passes the examination is exempt
  from the continuing education requirement for the reporting period
  in which the test is taken.
         [(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 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 3.007.  Section 402.305, Occupations Code, is
  amended to read as follows:
         Sec. 402.305.  CONTINUING EDUCATION EXEMPTIONS. The
  department may renew the license of a license holder who does not
  comply with the continuing education requirements of Section
  402.303 or 402.304 if the license holder:
               (1)  was licensed for the first time during the 24
  months before the reporting date; or
               (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 3.008.  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 for a license, a temporary training permit, or the
  renewal of a license;
               (4)  falsely impersonate a license holder; or
               (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 3.009.  The heading to Subchapter L, Chapter 402,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER L. [PENALTIES AND OTHER] ENFORCEMENT PROVISIONS
         SECTION 3.010.  The following provisions of the Occupations
  Code are repealed:
               (1)  Section 402.209(h);
               (2)  Section 402.406;
               (3)  Section 402.551; and
               (4)  Section 402.553.
         SECTION 3.011.  Section 402.209, Occupations Code, as
  amended by this Act, applies only to an application submitted on or
  after the effective date of this Act. An application submitted
  before the effective date of this Act is governed by the law in
  effect on the date the application was submitted, and the former law
  is continued in effect for that purpose.
  ARTICLE 4. DYSLEXIA PRACTITIONERS AND DYSLEXIA THERAPISTS
         SECTION 4.001.  Section 403.106(c), Occupations Code, is
  amended to read as follows:
         (c)  The department[, in consultation with the advisory
  committee,] shall determine whether a training program meets the
  requirements of this section.
         SECTION 4.002.  Section 403.107(b), Occupations Code, is
  amended to read as follows:
         (b)  The department shall[, in consultation with the
  advisory committee]:
               (1)  identify and designate a competency examination
  that is related to multisensory structured language education and
  that will be administered at least twice each year by a professional
  organization that issues national certifications; and
               (2)  maintain a record of all examinations for at least
  two years after the date of examination.
         SECTION 4.003.  Section 403.108, Occupations Code, is
  amended to read as follows:
         Sec. 403.108.  WAIVER OF EXAMINATION REQUIREMENT. The
  department[, in consultation with the advisory committee,] may
  waive the examination requirement and issue a license to an
  applicant who holds an appropriate certificate or other
  accreditation from a nationally accredited multisensory structured
  language education organization recognized by the department.
         SECTION 4.004.  Section 403.152(b), Occupations Code, is
  amended to read as follows:
         (b)  The commission[, in consultation with the advisory
  committee,] shall establish the continuing education requirements
  in consultation with the advisory committee [a manner that allows a
  license holder to comply without an extended absence from the
  license holder's county of residence].
         SECTION 4.005.  The following provisions of the Occupations
  Code are repealed:
               (1)  Section 403.204;
               (2)  Section 403.207;
               (3)  Section 403.212; and
               (4)  Subchapter F, Chapter 403.
  ARTICLE 5. ATHLETIC TRAINERS
         SECTION 5.001.  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 the examination required by the department;
  and
               (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 5.002.  The following provisions of the Occupations
  Code are repealed:
               (1)  Section 451.051(c);
               (2)  Section 451.101(a-2); and
               (3)  Subchapters F, G, and H, Chapter 451.
  ARTICLE 6. MASSAGE THERAPY
         SECTION 6.001.  Section 455.001, Occupations Code, is
  amended by adding Subdivisions (12) and (13) to read as follows:
               (12)  "Advisory board" means the Massage Therapy
  Advisory Board.
               (13)  "Peace officer" means a person who is a peace
  officer under Article 2.12, Code of Criminal Procedure.
         SECTION 6.002.  Subchapter B, Chapter 455, Occupations Code,
  is amended by adding Section 455.0511 to read as follows:
         Sec. 455.0511.  GENERAL POWERS AND DUTIES. (a) The
  executive director shall administer and enforce this chapter.
         (b)  The department shall:
               (1)  investigate a person who may be engaging in or
  offering to engage in a practice that violates this chapter;
               (2)  regulate the number of school hours and the
  content of the coursework provided by a massage school or a massage
  therapy instructor; and
               (3)  prepare, recognize, administer, or arrange for the
  administration of an examination under this chapter.
         SECTION 6.003.  Subchapter B, Chapter 455, Occupations Code,
  is amended by adding Section 455.0571 to read as follows:
         Sec. 455.0571.  CONTINUING EDUCATION.  (a) The commission
  by rule shall establish the minimum number of hours of continuing
  education required for a person licensed under this chapter to
  renew the person's license.
         (b)  The commission by rule shall provide for the
  recognition, preparation, or administration of continuing
  education programs for persons licensed under this chapter.
         (c)  The department may develop and establish processes to:
               (1)  evaluate and approve continuing education
  providers and programs; and
               (2)  assess a license holder's participation in
  continuing education programs.
         SECTION 6.004.  Subchapter B, Chapter 455, Occupations Code,
  is amended by adding Section 455.059 to read as follows:
         Sec. 455.059.  INSPECTIONS; INVESTIGATIONS. The
  department, the department's authorized representative, or a peace
  officer may enter the premises of a massage establishment or
  massage school at:
               (1)  reasonable times to conduct an inspection
  incidental to the issuance of a license; and
               (2)  other times that the department, the department's
  authorized representative, or a peace officer considers necessary
  to ensure compliance with this chapter and the rules adopted under
  this chapter.
         SECTION 6.005.  Subchapter C, Chapter 455, Occupations Code,
  as effective September 1, 2017, is amended to read as follows:
  SUBCHAPTER C. MASSAGE THERAPY ADVISORY BOARD [POWERS AND DUTIES]
         Sec. 455.101.  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 as follows:
               (1)  two members who are licensed massage therapists;
               (2)  two members who represent licensed massage
  schools;
               (3)  two members who represent licensed massage
  establishments;
               (4)  one member who is a peace officer with expertise in
  the enforcement of Chapter 20A, Penal Code, and Subchapter A,
  Chapter 43, Penal Code; and
               (5)  two members of the public.
         (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 [GENERAL POWERS AND DUTIES. (a)  
  The executive director shall administer and enforce this chapter.
         [(b)  The department shall:
               [(1)     investigate a person who may be engaging in a
  practice that violates this chapter;
               [(2)     regulate the number and content of school hours
  provided by a massage school or a massage therapy instructor; and
               [(3)     prepare and administer a state examination under
  this chapter].
         Sec. 455.102.  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.
         Sec. 455.103.  TERMS; VACANCIES. (a) Members of the
  advisory board are appointed for staggered six-year terms. The
  terms of three members expire September 1 of each odd-numbered
  year.
         (b)  If a vacancy occurs on the advisory board 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 [MEMORANDUM OF UNDERSTANDING REGARDING MASSAGE SCHOOLS.
  (a) The commission 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 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].
         Sec. 455.104.  PRESIDING OFFICER.  (a) The presiding
  officer of the commission shall designate a member of the advisory
  board to serve as the presiding officer of the advisory board for a
  term of one year.
         (b)  The presiding officer of the advisory board may vote on
  any matter before the advisory board [INSPECTIONS; INVESTIGATIONS.
  (a) The department, its authorized representative, or a peace
  officer may enter the premises of an applicant for a license or a
  license holder at:
               [(1)     reasonable times to conduct an inspection
  incidental to the issuance of a license; and
               [(2)     other times that the department or peace officer
  considers necessary to ensure compliance with this chapter and the
  rules adopted under this chapter.
         [(b)     A peace officer appointed or employed by a law
  enforcement agency of a political subdivision of this state may
  enter the premises of a massage establishment to ensure compliance
  with this chapter and rules adopted under this chapter].
         Sec. 455.105.  MEETINGS.  The advisory board shall meet at
  the call of the executive director or the presiding officer of the
  commission [REGISTRY. (a) The department shall annually prepare a
  registry of licensed massage therapists.
         [(b)     The department shall make the registry available to the
  public, license holders, other state agencies, and peace officers].
         SECTION 6.006.  Section 455.152(a), Occupations Code, is
  amended to read as follows:
         (a)  A person is not eligible for a license as a massage
  establishment, massage school, massage therapist, or massage
  therapy instructor if the person is an individual and has been
  convicted of, entered a plea of nolo contendere or guilty to, or
  received deferred adjudication for an offense under Chapter 20A,
  Penal Code, or Subchapter A, Chapter 43, Penal Code, [involving
  prostitution] or another sexual offense.
         SECTION 6.007.  Section 455.1525, Occupations Code, is
  amended to read as follows:
         Sec. 455.1525.  CRIMINAL BACKGROUND CHECKS. [(a)] On
  receipt of an application for a license under this chapter, the
  department shall conduct a criminal background check on the
  applicant.
         [(b)     An applicant is not eligible for a license under this
  chapter if the applicant, in the five years preceding the date of
  the application, has been finally convicted of a misdemeanor
  involving moral turpitude or a felony.]
         SECTION 6.008.  Section 455.153, Occupations Code, as
  effective September 1, 2017, 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 by the executive director; [and]
               (2)  pass any required examination; and
               (3)  include with the application the application fee
  set by the commission by rule.
         SECTION 6.009.  Section 455.156(b), Occupations Code, is
  amended to read as follows:
         (b)  An applicant for a license under this section must be an
  individual and:
               (1)  present evidence satisfactory to the department
  that the person has satisfactorily completed massage therapy
  studies in a 500-hour minimum, supervised course of instruction
  provided by a massage therapy instructor at a massage school, a
  licensed massage school, a state-approved educational institution,
  or any combination of instructors or schools, in which at least:
                     (A)  200 hours are taught by a licensed massage
  therapy instructor and dedicated to the study of massage therapy
  techniques and theory and the practice of manipulation of soft
  tissue, with at least 125 hours dedicated to the study of Swedish
  massage therapy techniques;
                     (B)  50 hours are dedicated to the study of
  anatomy;
                     (C)  25 hours are dedicated to the study of
  physiology;
                     (D)  50 hours are dedicated to the study of
  kinesiology;
                     (E)  40 hours are dedicated to the study of
  pathology;
                     (F)  20 hours are dedicated to the study of
  hydrotherapy;
                     (G)  45 hours are dedicated to the study of
  massage therapy laws and rules, business practices, and
  professional ethics standards;
                     (H)  20 hours are dedicated to the study of
  health, hygiene, first aid, universal precautions, and
  cardiopulmonary resuscitation (CPR); and
                     (I)  50 hours are spent in an internship program;
               (2)  pass the required examinations [written state
  examination]; and
               (3)  be at least 18 years of age.
         SECTION 6.010.  The following provisions of the Occupations
  Code are repealed:
               (1)  Section 455.1572; and
               (2)  Subchapter G, Chapter 455.
         SECTION 6.011.  As soon as practicable after the effective
  date of this Act, the presiding officer of the Texas Commission of
  Licensing and Regulation shall appoint the members of the Massage
  Therapy Advisory Board created by Subchapter C, Chapter 455,
  Occupations Code, as amended by this Act.
         SECTION 6.012.  Section 455.152(a), Occupations Code, as
  amended by this Act, applies only to a person who files an initial
  application for or an application for renewal of a license as a
  massage establishment, massage school, massage therapist, or
  massage therapy instructor on or after the effective date of this
  Act.
  ARTICLE 7. ORTHOTISTS AND PROSTHETISTS
         SECTION 7.001.  Section 605.056, Occupations Code, is
  amended to read as follows:
         Sec. 605.056.  PRESIDING OFFICER.  The presiding officer of
  the commission, with the commission's approval, shall designate a
  member [members] of the advisory board to serve as the [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.
         SECTION 7.002.  Section 605.252(a), Occupations Code, is
  amended to read as follows:
         (a)  To be eligible for a license to practice orthotics or
  prosthetics in this state, a person must:
               (1)  submit an application in the manner and on the form
  prescribed by the executive director;
               (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 by rule determines to be necessary and
  appropriate;
               (4) [(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 for a clinical residency that is offered in this state or
  another state; and
               (5) [(6)]  have passed each written and practical
  examination approved and required by the department.
         SECTION 7.003.  Section 605.254(a), Occupations Code, is
  amended to read as follows:
         (a)  A person is entitled to an exemption from the license
  requirements established under Section 605.252 if the person [is a
  resident of this state who] presents evidence satisfactory to the
  department that the person possesses unique qualifications to
  practice orthotics, prosthetics, or orthotics and prosthetics.
         SECTION 7.004.  Section 605.257(a), Occupations Code, is
  amended to read as follows:
         (a)  The department 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]
               (2) [(3)]  has regularly [:
                     [(A)]  practiced orthotics, prosthetics, or both
  for the five years preceding the date of the application [regularly
  since January 1, 1996]; and [or]
               (3)  has [(B)]  been licensed by a [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.
         SECTION 7.005.  The heading to Subchapter H, Chapter 605,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER H. PROHIBITED PRACTICES[, DISCIPLINARY PROCEDURES, AND
  PENALTIES]
         SECTION 7.006.  The following provisions of the Occupations
  Code are repealed:
               (1)  Section 605.252(d);
               (2)  Section 605.261(c);
               (3)  Section 605.353;
               (4)  Section 605.354;
               (5)  Section 605.356; and
               (6)  Subchapter I, Chapter 605.
         SECTION 7.007.  The presiding officer of the Orthotists and
  Prosthetists Advisory Board who is serving on the effective date of
  this Act shall continue to serve as the presiding officer until the
  presiding officer of the Texas Commission of Licensing and
  Regulation, with the commission's approval, designates a member of
  the advisory board to serve as the presiding officer of the advisory
  board as required by Section 605.056, Occupations Code, as amended
  by this Act.
         SECTION 7.008.  Sections 605.252, 605.254, and 605.257,
  Occupations Code, as amended by this Act, apply only to an
  application submitted on or after the effective date of this Act.
  An application submitted under Section 605.252, 605.254, or
  605.257, Occupations Code, before the effective date of this Act is
  governed by the law in effect on the date the application was
  submitted, and the former law is continued in effect for that
  purpose.
  ARTICLE 8. DIETITIANS
         SECTION 8.001.  The following provisions of the Occupations
  Code are repealed:
               (1)  Section 701.154;
               (2)  Section 701.255;
               (3)  Section 701.257;
               (4)  Section 701.259;
               (5)  Section 701.260;
               (6)  Subchapter J, Chapter 701; and
               (7)  Section 701.502.
         SECTION 8.002.  (a)  A provisional or temporary license
  issued under former Section 701.259 or 701.260, Occupations Code,
  that is in effect on the effective date of this Act continues to be
  valid until the license expires, and former Sections 701.259 and
  701.260, Occupations Code, are continued in effect for that
  purpose. Chapter 701, Occupations Code, as amended by this Act,
  continues to apply to a holder of an unexpired provisional or
  temporary license.
         (b)  On or after the effective date of this Act, the Texas
  Department of Licensing and Regulation may not renew or extend a
  provisional or temporary license issued under former Section
  701.259 or 701.260, Occupations Code.
         (c)  A proceeding under Chapter 701, Occupations Code, that
  is pending against a holder of a provisional or temporary license on
  the date the license expires is terminated on that date.
  ARTICLE 9. CODE ENFORCEMENT OFFICERS
         SECTION 9.001.  The following provisions of the Occupations
  Code are repealed:
               (1)  Section 1952.053, as effective September 1, 2017;
               (2)  Subchapter E, Chapter 1952; and
               (3)  Subchapter F, Chapter 1952, as effective September
  1, 2017.
  ARTICLE 10. SANITARIANS
         SECTION 10.001.  The following provisions of the Occupations
  Code are repealed:
               (1)  Section 1953.053;
               (2)  Subchapter F, Chapter 1953; and
               (3)  Subchapter G, Chapter 1953, as effective September
  1, 2017.
  ARTICLE 11. MOLD ASSESSORS AND REMEDIATORS
         SECTION 11.001.  Subchapter B, Chapter 1958, Occupations
  Code, is amended by adding Section 1958.0531 to read as follows:
         Sec. 1958.0531.  RULES. The commission shall adopt rules as
  necessary to administer this chapter.
         SECTION 11.002.  Section 1958.105, Occupations Code, is
  amended to read as follows:
         Sec. 1958.105.  EXAMINATION. [(a)] The department may
  require that an applicant for a license pass a competency
  examination to qualify for the license.
         [(b)     If the department requires an examination, the
  applicant must pass the examination with a score of 70 percent or
  more.]
         SECTION 11.003.  Section 1958.153, Occupations Code, as
  effective September 1, 2017, is amended to read as follows:
         Sec. 1958.153.  NOTICE OF PROJECT. (a) Except as provided
  by Subsection (b), not later than the fifth day before the date on
  which a license holder starts mold remediation at a property, the
  license holder shall notify the department in a manner prescribed
  by the department [in writing] about the project.
         (b)  In an emergency, notice to the department under
  Subsection (a) [may be made verbally but] must be made not later
  than the next business day after the license holder identifies the
  emergency. For purposes of this subsection, an emergency exists if
  a delay in mold remediation services in response to a water damage
  occurrence would increase mold contamination.
         (c)  The commission 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].
         (d)  The department shall develop a mechanism by which a
  license holder may notify the department of an emergency as
  required by Subsection (b).
         SECTION 11.004.  Section 1958.156(d), Occupations Code, is
  amended to read as follows:
         (d)  Not later than the 10th day [one week] after the date of 
  completion of a mold remediation, the mold remediator license
  holder shall provide the property owner with copies of all
  photographs required by this section.
         SECTION 11.005.  Subchapter D, Chapter 1958, Occupations
  Code, is amended by adding Section 1958.158 to read as follows:
         Sec. 1958.158.  SERVICE OF PROCESS ON LICENSE HOLDER.  The
  department may serve any notice that law requires the department to
  serve on a license holder by:
               (1)  personal service on the license holder;
               (2)  certified mail, return receipt requested, to the
  license holder at the last known address the license holder
  provided to the department; or
               (3)  certified electronic mail to the license holder at
  the last known electronic mail address the license holder provided
  to the department.
         SECTION 11.006.  The following provisions of the Occupations
  Code are repealed:
               (1)  Section 1958.055;
               (2)  Subchapter E, Chapter 1958, as effective September
  1, 2017;
               (3)  Subchapter F, Chapter 1958, as effective September
  1, 2017; and
               (4)  Section 1958.301.
         SECTION 11.007.  Section 1958.153, Occupations Code, as
  amended by this Act, applies only to notice of a mold remediation
  project that is provided on or after the effective date of this Act.  
  Notice of a mold remediation project that is provided before that
  date is governed by the law in effect immediately before the
  effective date of this Act, and the former law is continued in
  effect for that purpose.
  ARTICLE 12. TRANSITION PROVISIONS FOR CERTAIN PROCEEDINGS;
  EFFECTIVE DATE
         SECTION 12.001.  (a) Except as provided by this Act, the
  changes in law made by this Act do not apply to an administrative
  proceeding pending on the effective date of this Act. An
  administrative proceeding pending on the effective date of this Act
  is governed by the law in effect immediately before the effective
  date of this Act, and that law is continued in effect for that
  purpose.
         (b)  Except as provided by this Act, a civil or criminal
  proceeding based on a provision repealed by this Act that is pending
  on the effective date of this Act is terminated on that date.
         SECTION 12.002.  This Act takes effect September 1, 2017.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 4007 was passed by the House on May 4,
  2017, by the following vote:  Yeas 143, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 4007 on May 24, 2017, by the following vote:  Yeas 141, Nays 0,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 4007 was passed by the Senate, with
  amendments, on May 23, 2017, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor