H.B. No. 2847

	AN ACT
	relating to the licensing and regulation of certain occupations,
	activities, and agreements; providing a civil penalty; authorizing
	fees; requiring an occupational registration and an occupational
	license.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	ARTICLE 1. EXCESS WEAR AND USE WAIVERS FOR LEASES OF MOTOR VEHICLES
	SECTION 1.001.  Subtitle B, Title 5, Business & Commerce
	Code, is amended by adding Chapter 94 to read as follows:
	CHAPTER 94. EXCESS WEAR AND USE WAIVERS FOR LEASES OF MOTOR
	VEHICLES
	Sec. 94.001.  DEFINITIONS. In this chapter:
	(1)  "Excess wear and use waiver" means a provision of
	or addendum to a lease agreement under which the lessor agrees to
	not hold a lessee liable for all or part of the excess wear and use
	to a motor vehicle.
	(2)  "Lease agreement" means an agreement, including
	any addendum to the agreement, entered into in this state under
	which a lessee pays a fee or other consideration to a lessor for the
	right to possession and use of a motor vehicle for a term of more
	than 180 days, regardless of whether the agreement provides the
	lessee an option to purchase or otherwise become the owner of the
	motor vehicle upon the expiration of the term of the agreement.
	(3)  "Lessee" means an individual who acquires the
	right to possession and use of a motor vehicle under a lease
	agreement primarily for personal, family, or household purposes.
	(4)  "Lessor" means a person who, in the ordinary
	course of business, regularly leases, offers to lease, or arranges
	for the lease of a motor vehicle under a lease agreement.  Unless
	the context clearly indicates otherwise, the term includes an
	assignee of the lessor.
	(5)  "Motor vehicle" has the meaning assigned by
	Section 541.201, Transportation Code.
	Sec. 94.002.  CONTRACT FOR EXCESS WEAR AND USE WAIVER. A
	lessee may contract with a lessor for an excess wear and use waiver
	in connection with a lease agreement.
	Sec. 94.003.  RESTRICTIONS ON LESSOR CONCERNING EXCESS WEAR
	AND USE WAIVER. A lessor may not:
	(1)  sell an excess wear and use waiver, unless:
	(A)  the lease agreement containing the excess
	wear and use waiver complies with this chapter; and
	(B)  the lessee agrees to the excess wear and use
	waiver in writing; or
	(2)  impose or require the purchase of an excess wear
	and use waiver as a condition of entering into a lease agreement.
	Sec. 94.004.  REQUIRED NOTICE. An excess wear and use waiver
	must be in writing and include a notice substantially similar to the
	following:
	"This excess wear and use waiver is optional, is not a
	condition of leasing the vehicle, and is being provided for an
	additional charge to cover your responsibility for any excess wear
	and use to the leased vehicle."
	Sec. 94.005.  REQUIRED DISCLOSURES. A lease agreement that
	includes an excess wear and use waiver must disclose:
	(1)  the total charge for the excess wear and use
	waiver; and
	(2)  any exclusions or limitations on the amount of
	excess wear and use that may be waived under the excess wear and use
	waiver.
	Sec. 94.006.  RELATIONSHIP TO INSURANCE. An excess wear and
	use waiver is not insurance.
	Sec. 94.007.  CIVIL PENALTY. A lessor that violates this
	chapter is liable for a civil penalty in an amount of not less than
	$500 or more than $1,000 for each violation.
	Sec. 94.008.  INJUNCTIVE RELIEF. A person injured or
	threatened with injury by a violation of this chapter may seek
	injunctive relief against the person committing or threatening to
	commit the violation.
	Sec. 94.009.  SUIT FOR CIVIL PENALTY OR INJUNCTIVE RELIEF.
	The attorney general or a county or district attorney may bring an
	action in the name of the state for a civil penalty under Section
	94.007, injunctive relief under Section 94.008, or both.
	SECTION 1.002.  The change in law made by this article
	applies only to a lease agreement entered into on or after the
	effective date of this Act.  A lease agreement entered into before
	the effective date of this Act is governed by the law in effect on
	the date the lease agreement was entered into, and the former law is
	continued in effect for that purpose.
	ARTICLE 2. DRIVER EDUCATION
	SECTION 2.001.  Section 1001.001(7), Education Code, is
	amended to read as follows:
	(7)  "Driver education school" means an enterprise
	that:
	(A)  maintains a place of business or solicits
	business in this state; and
	(B)  is operated by an individual, association,
	partnership, or corporation for educating and training persons [at
	a primary or branch location] in driver education or driver
	education instructor development.
	SECTION 2.002.  Section 1001.151(e), Education Code, is
	amended to read as follows:
	(e)  The commission may establish a fee for an application
	for approval to offer a driver education course [by an alternative
	method of instruction under Section 1001.3541].
	SECTION 2.003.  Section 1001.204(b), Education Code, is
	amended to read as follows:
	(b)  The department shall approve an application for a driver
	education school license if the application is submitted on a form
	approved by the department [executive director], the application is
	accompanied by [includes] the fee, and the department determines
	[on inspection of the premises of the school, it is determined] that
	the school:
	(1)  has courses, curricula, and instruction of a
	quality, content, and length that reasonably and adequately achieve
	the stated objective for which the courses, curricula, and
	instruction are offered;
	(2)  has adequate space, equipment, instructional
	material, and instructors to provide training of good quality in
	the classroom and behind the wheel, if applicable;
	(3)  has instructors who have adequate educational
	qualifications and experience;
	(4)  provides to each student before enrollment:
	(A)  a copy of:
	(i)  the refund policy;
	(ii)  the schedule of tuition, fees, and
	other charges; and
	(iii)  the regulations relating to absence,
	grading policy, and rules of operation and conduct; and
	(B)  the department's name, mailing address,
	telephone number, and Internet website address for the purpose of
	directing complaints to the department;
	(5)  maintains adequate records as prescribed by the
	department to show attendance and progress or grades and enforces
	satisfactory standards relating to attendance, progress, and
	conduct;
	(6)  on completion of training, issues each student a
	certificate indicating the course name and satisfactory
	completion;
	(7)  complies with all county, municipal, state, and
	federal regulations, including fire, building, and sanitation
	codes and assumed name registration, if applicable;
	(8)  is financially sound and capable of fulfilling its
	commitments for training;
	(9)  maintains and publishes as part of its student
	enrollment contract the proper policy for the refund of the unused
	portion of tuition, fees, and other charges if a student fails to
	take the course or withdraws or is discontinued from the school at
	any time before completion;
	(10)  does not use erroneous or misleading advertising,
	either by actual statement, omission, or intimation, as determined
	by the department;
	(11)  does not use a name similar to the name of another
	existing school or tax-supported educational institution in this
	state, unless specifically approved in writing by the executive
	director;
	(12)  submits to the department for approval the
	applicable course hour lengths and curriculum content for each
	course offered by the school;
	(13)  does not owe an administrative penalty for a
	violation of this chapter; [and]
	(14)  meets any additional criteria required by the
	department, including any applicable inspection requirements; and
	(15)  provides adequate testing and security measures
	for the school's method of instruction.
	SECTION 2.004.  Section 1001.2513, Education Code, is
	amended to read as follows:
	Sec. 1001.2513.  CONFIDENTIALITY OF INFORMATION.  A social
	security number, driver's license number, other identification
	number, or fingerprint record [Information] collected for [about] a
	person to comply with Section 1001.2511[, including the person's
	name, address, phone number, social security number, driver's
	license number, other identification number, and fingerprint
	records]:
	(1)  may not be released except:
	(A)  to provide relevant information to driver
	education schools or otherwise to comply with Section 1001.2511;
	(B)  by court order; or
	(C)  with the consent of the person who is the
	subject of the information;
	(2)  is not subject to disclosure as provided by
	Chapter 552, Government Code; and
	(3)  shall be destroyed by the requestor or any
	subsequent holder of the information not later than the first
	anniversary of the date the information is received.
	SECTION 2.005.  Subchapter F, Chapter 1001, Education Code,
	is amended by adding Sections 1001.2531, 1001.2532, 1001.2533,
	1001.2534, and 1001.2535 to read as follows:
	Sec. 1001.2531.  DRIVER EDUCATION INSTRUCTOR REQUIREMENTS.
	(a)  The commission by rule shall establish standards for a driver
	education instructor to be certified as a teaching assistant,
	driver education teacher, or supervising teacher.
	(b)  An applicant for a driver education instructor license
	under this section must:
	(1)  apply to the department on a form prescribed by the
	department and under rules adopted by the commission;
	(2)  submit with the application a nonrefundable
	application fee in an amount set by commission rule; and
	(3)  present satisfactory evidence to the department
	that the applicant:
	(A)  is at least 21 years of age;
	(B)  holds a high school diploma or high school
	equivalency certificate; and
	(C)  meets any other requirement established by
	commission rule.
	Sec. 1001.2532.  TEACHING ASSISTANT. (a)  A teaching
	assistant is a driver education instructor who is authorized to
	teach or provide only behind-the-wheel training.
	(b)  To be eligible to be certified as a teaching assistant,
	a driver education instructor must:
	(1)  have successfully completed:
	(A)  six semester hours of driver and traffic
	safety education from an accredited college or university; or
	(B)  a teaching assistant development course
	approved by the department; and
	(2)  pass any required examination.
	Sec. 1001.2533.  DRIVER EDUCATION TEACHER. (a)  A driver
	education teacher is a driver education instructor who is
	authorized to teach or provide behind-the-wheel training and
	classroom training.
	(b)  To be eligible to be certified as a driver education
	teacher, a driver education instructor must:
	(1)  have successfully completed:
	(A)  nine semester hours of driver and traffic
	safety education from an accredited college or university; or
	(B)  a driver education teacher development
	course approved by the department; and
	(2)  pass any required examination.
	Sec. 1001.2534.  SUPERVISING TEACHER. (a)  A supervising
	teacher is a driver education instructor who is authorized to teach
	instructor training classes.
	(b)  To be eligible to be certified as a supervising teacher,
	a driver education instructor must have:
	(1)  been certified as a driver education teacher for
	at least one year; and
	(2)  successfully completed:
	(A)  15 semester hours of driver and traffic
	safety education from an accredited college or university; or
	(B)  a supervising teacher development course
	approved by the department.
	(c)  The commission, department, or executive director may
	adopt an alternative method to determine or verify an instructor's
	eligibility under Subsection (b).
	Sec. 1001.2535.  DEVELOPMENT COURSE FOR TEACHING ASSISTANT,
	DRIVER EDUCATION TEACHER, OR SUPERVISING TEACHER. The classroom
	portion of a development course required for certification as a
	teaching assistant, driver education teacher, or supervising
	teacher may be completed online.
	SECTION 2.006.  Subchapter H, Chapter 1001, Education Code,
	is amended by adding Section 1001.3542 to read as follows:
	Sec. 1001.3542.  METHOD OF INSTRUCTION FOR DRIVER EDUCATION
	COURSE. A driver education school may teach a driver education
	course by any method approved by the department, including an
	alternative method under Section 1001.3541 or a traditional method
	under Subchapter C.
	SECTION 2.007.  The following provisions of the Education
	Code are repealed:
	(1)  Sections 1001.253, 1001.254, and 1001.256; and
	(2)  Section 1001.3541(b).
	SECTION 2.008.  (a)  As soon as practicable after the
	effective date of this Act, the Texas Commission of Licensing and
	Regulation shall adopt rules to implement Section 1001.204(b),
	Education Code, as amended by this article, and Section 1001.2531,
	Education Code, as added by this article.
	(b)  A driver education instructor license issued under
	Section 1001.253, Education Code, before the repeal of that section
	by this article, continues to be valid until the license expires,
	and former Section 1001.253, Education Code, is continued in effect
	for that purpose.
	(c)  A person who holds on the effective date of this Act a
	driver education instructor license described by former Section
	1001.253(b), Education Code, is entitled on expiration of that
	license to issuance of a driver education instructor license
	certified as a teaching assistant under Section 1001.2532,
	Education Code, as added by this article, if the person otherwise
	meets the requirements for renewal of a driver education instructor
	license certified as a teaching assistant.
	(d)  A person who holds on the effective date of this Act a
	driver education instructor license described by former Section
	1001.253(c), Education Code, is entitled on expiration of that
	license to issuance of a driver education instructor license
	certified as a driver education teacher under Section 1001.2533,
	Education Code, as added by this article, if the person otherwise
	meets the requirements for renewal of a driver education instructor
	license certified as a driver education teacher.
	(e)  A person who holds on the effective date of this Act a
	driver education instructor license described by former Section
	1001.253(e), Education Code, is entitled on expiration of that
	license to issuance of a driver education instructor license
	certified as a supervising teacher under Section 1001.2534,
	Education Code, as added by this article, if the person otherwise
	meets the requirements for renewal of a driver education instructor
	license certified as a supervising teacher.
	(f)  The changes in law made by this article 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.
	(g)  Sections 1001.2531, 1001.2532, 1001.2533, and
	1001.2534, Education Code, as added by this article, apply only to
	an application for, or renewal of, an instructor license submitted
	to the Texas Department of Licensing and Regulation on or after the
	effective date of this Act.  An application submitted before that
	date is governed by the law in effect when the application was
	submitted, and the former law is continued in effect for that
	purpose.
	ARTICLE 3. LASER HAIR REMOVAL
	SECTION 3.001.  Subchapter M, Chapter 401, Health and Safety
	Code, is amended by adding Section 401.509 to read as follows:
	Sec. 401.509.  CONTINUING EDUCATION. The commission by rule
	shall establish continuing education requirements for renewal of a
	certificate under this subchapter.
	SECTION 3.002.  As soon as practicable after the effective
	date of this Act, the Texas Commission of Licensing and Regulation
	shall adopt the rules necessary to implement Section 401.509,
	Health and Safety Code, as added by this article.
	ARTICLE 4. PHARMACISTS
	SECTION 4.001.  Section 481.075(i), Health and Safety Code,
	is amended to read as follows:
	(i)  Each dispensing pharmacist shall:
	(1)  fill in on the official prescription form or note
	in the electronic prescription record each item of information
	given orally to the dispensing pharmacy under Subsection (h) and
	the date the prescription is filled, and:
	(A)  for a written prescription, fill in the
	dispensing pharmacist's signature; or
	(B)  for an electronic prescription,
	appropriately record the identity of the dispensing pharmacist in
	the electronic prescription record;
	(2)  retain with the records of the pharmacy for at
	least two years:
	(A)  the official prescription form or the
	electronic prescription record, as applicable; and
	(B)  the name or other patient identification
	required by Section 481.074(m) or (n); [and]
	(3)  send all required information, including any
	information required to complete an official prescription form or
	electronic prescription record, to the board by electronic transfer
	or another form approved by the board not later than the next
	business day after the date the prescription is completely filled;
	and
	(4)  if the pharmacy does not dispense any controlled
	substance prescriptions during a period of seven consecutive days,
	send a report to the board indicating that the pharmacy did not
	dispense any controlled substance prescriptions during that
	period, unless the pharmacy has obtained a waiver or permission to
	delay reporting to the board.
	SECTION 4.002.  Sections 481.076(a) and (k), Health and
	Safety Code, are amended to read as follows:
	(a)  The board may not permit any person to have access to
	information submitted to the board under Section 481.074(q) or
	481.075 except:
	(1)  the board, the Texas Medical Board, the Texas
	Department of Licensing and Regulation, with respect to the
	regulation of podiatrists [State Board of Podiatric Medical
	Examiners], the State Board of Dental Examiners, the State Board of
	Veterinary Medical Examiners, the Texas Board of Nursing, or the
	Texas Optometry Board for the purpose of:
	(A)  investigating a specific license holder; or
	(B)  monitoring for potentially harmful
	prescribing or dispensing patterns or practices under Section
	481.0762;
	(2)  an authorized officer or member of the department
	or authorized employee of the board engaged in the administration,
	investigation, or enforcement of this chapter or another law
	governing illicit drugs in this state or another state;
	(3)  the department on behalf of a law enforcement or
	prosecutorial official engaged in the administration,
	investigation, or enforcement of this chapter or another law
	governing illicit drugs in this state or another state;
	(4)  a medical examiner conducting an investigation;
	(5)  provided that accessing the information is
	authorized under the Health Insurance Portability and
	Accountability Act of 1996 (Pub. L. No. 104-191) and regulations
	adopted under that Act:
	(A)  a pharmacist or a pharmacist-intern,
	pharmacy technician, or pharmacy technician trainee, as defined by
	Section 551.003, Occupations Code, acting at the direction of a
	pharmacist, who is inquiring about a recent Schedule II, III, IV, or
	V prescription history of a particular patient of the pharmacist;
	or
	(B)  a practitioner who:
	(i)  is a physician, dentist, veterinarian,
	podiatrist, optometrist, or advanced practice nurse or is a
	physician assistant described by Section 481.002(39)(D) or an
	employee or other agent of a practitioner acting at the direction of
	a practitioner; and
	(ii)  is inquiring about a recent Schedule
	II, III, IV, or V prescription history of a particular patient of
	the practitioner;
	(6)  a pharmacist or practitioner who is inquiring
	about the person's own dispensing or prescribing activity or a
	practitioner who is inquiring about the prescribing activity of an
	individual to whom the practitioner has delegated prescribing
	authority; or
	(7)  one or more states or an association of states with
	which the board has an interoperability agreement, as provided by
	Subsection (j).
	(k)  A person authorized to access information under
	Subsection (a)(4) or (5) who is registered with the board for
	electronic access to the information is entitled to directly access
	the information available from other states pursuant to an
	interoperability agreement described by Subsection (j).
	SECTION 4.003.  Section 481.0766(a), Health and Safety Code,
	is amended to read as follows:
	(a)  A wholesale distributor shall report to the board the
	distribution of all Schedules II, III, IV, and V controlled
	substances [information that the distributor is required to report
	to the Automation of Reports and Consolidated Orders System (ARCOS)
	of the Federal Drug Enforcement Administration for the distribution
	of a controlled substance] by the distributor to a person in this
	state. The distributor shall report the information to the board in
	the same format and with the same frequency as the information is
	reported to the Federal Drug Enforcement Administration [ARCOS].
	SECTION 4.004.  Section 481.353(a), Health and Safety Code,
	is amended to read as follows:
	(a)  The work group shall meet when necessary as determined
	by the board [at least quarterly].
	SECTION 4.005.  Section 560.051(f), Occupations Code, is
	amended to read as follows:
	(f)  A Class E pharmacy license or nonresident pharmacy
	license may be issued to a pharmacy located in another state whose
	primary business is to:
	(1) [(A)]  dispense a prescription drug or device under
	a prescription drug order[;] and
	[(B)] deliver the drug or device to a patient,
	including a patient in this state, by United States mail, common
	carrier, or delivery service;
	(2)  process a prescription drug order for a patient,
	including a patient in this state; or
	(3)  perform another pharmaceutical service, as
	defined by board rule.
	SECTION 4.006.  The following provisions of the Occupations
	Code are repealed:
	(1)  Sections 554.016, 556.0555, 560.001(c), 560.0525,
	561.003(f), 562.101(f-1), and 562.111; and
	(2)  Subchapter E, Chapter 562.
	SECTION 4.007.  To the extent of any conflict, Section
	481.076(a), Health and Safety Code, as amended by this article,
	prevails over another Act of the 86th Legislature, Regular Session,
	2019, relating to nonsubstantive additions to and corrections in
	enacted codes.
	ARTICLE 5.  ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT
	SECTION 5.001.  Chapter 754, Health and Safety Code, is
	amended by adding Section 754.026 to read as follows:
	Sec. 754.026.  DISCLOSURE OF E-MAIL ADDRESS.
	Notwithstanding any other law, an e-mail address provided to the
	department relating to an inspection or review of plans under this
	chapter is not confidential and is subject to disclosure under
	Chapter 552, Government Code.
	ARTICLE 6. BOILERS
	SECTION 6.001.  Section 755.025, Health and Safety Code, is
	amended by adding Subsection (h) to read as follows:
	(h)  Notwithstanding any other law, an e-mail address
	provided to the department relating to an inspection under this
	chapter is not confidential and is subject to disclosure under
	Chapter 552, Government Code.
	SECTION 6.002.  Section 755.029(c), Health and Safety Code,
	is amended to read as follows:
	(c)  A certificate of operation must be posted [under glass]
	in a conspicuous place on or near the boiler for which it is issued.
	ARTICLE 7. TEXAS DEPARTMENT OF LICENSING AND REGULATION
	SECTION 7.001.  Section 51.203, Occupations Code, is amended
	to read as follows:
	Sec. 51.203.  RULES REGARDING PROGRAMS REGULATED BY
	DEPARTMENT. (a) The commission shall adopt rules as necessary to
	implement each law establishing a program regulated by the
	department.
	(b)  Notwithstanding any other law, for each program
	regulated by the department, including a program under which a
	license is issued by the department, the commission by rule may
	establish:
	(1)  the length of a license term, not to exceed two
	years;
	(2)  a fee for the issuance or renewal of a license; and
	(3)  any continuing education required to renew a
	license.
	SECTION 7.002.  Section 51.2031(a-2), Occupations Code, is
	amended to read as follows:
	(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.]
	SECTION 7.003.  Section 51.252, Occupations Code, is amended
	by amending Subsection (b) and adding Subsections (b-1) and (e) to
	read as follows:
	(b)  The department shall maintain a file on each written
	complaint filed with the department. The file must include:
	(1)  except for a complaint described by Subsection
	(b-1), the name of the person who filed the complaint;
	(2)  the date the complaint is received by the
	department;
	(3)  the subject matter of the complaint;
	(4)  the name of each person contacted in relation to
	the complaint;
	(5)  a summary of the results of the review or
	investigation of the complaint; and
	(6)  an explanation of the reason the file was closed,
	if the department closed the file without taking action other than
	to investigate the complaint.
	(b-1)  The department may accept, but is not required to
	investigate, a complaint that lacks sufficient information to
	identify the source or the name of the person who filed the
	complaint.
	(e)  The department may contract with a qualified
	individual, including an advisory board member unless otherwise
	prohibited by law, to assist the department with reviewing or
	investigating complaints filed with the department. Except for an
	act of the individual involving fraud, conspiracy, or malice, an
	individual with whom the department contracts under this subsection
	is immune from liability and may not be subject to a suit for
	damages for any act arising from the performance of the
	individual's duties in:
	(1)  participating in an informal conference to
	determine the facts of a complaint;
	(2)  evaluating evidence in a complaint and offering an
	expert opinion or technical guidance on an alleged violation of:
	(A)  a law establishing a regulatory program
	administered by the department; or
	(B)  a rule adopted or order issued by the
	executive director or commission;
	(3)  testifying at a hearing regarding a complaint; or
	(4)  making an evaluation, report, or recommendation
	regarding a complaint.
	SECTION 7.004.  Subchapter E, Chapter 51, Occupations Code,
	is amended by adding Section 51.254 to read as follows:
	Sec. 51.254.  CONFIDENTIALITY OF COMPLAINT AND DISCIPLINARY
	INFORMATION. (a) In this section, unless the context requires
	otherwise:
	(1)  "Disciplinary action" includes, with respect to
	any person subject to regulation by the department or the
	commission:
	(A)  enforcement activity, prosecution,
	discipline, or penalization; and
	(B)  any related complaint, investigation, or
	resolution of a complaint or investigation.
	(2)  "Patient" includes:
	(A)  a patient;
	(B)  a client; and
	(C)  an authorized representative of a patient or
	client.
	(b)  This section applies to health-related professions
	regulated by this state the administration of which is assigned to
	the department by law, including the following professions:
	(1)  athletic trainers regulated under Chapter 451;
	(2)  behavior analysts regulated under Chapter 506;
	(3)  dietitians regulated under Chapter 701;
	(4)  dyslexia practitioners and dyslexia therapists
	regulated under Chapter 403;
	(5)  hearing instrument fitters and dispensers
	regulated under Chapter 402;
	(6)  massage therapists regulated under Chapter 455;
	(7)  midwives regulated under Chapter 203;
	(8)  orthotists and prosthetists regulated under
	Chapter 605;
	(9)  podiatrists regulated under Chapter 202; and
	(10)  speech-language pathologists and audiologists
	regulated under Chapter 401.
	(c)  Except as otherwise provided by this section, a
	complaint and investigation concerning a person to whom this
	section applies and all information and materials subpoenaed or
	compiled by the department in connection with the complaint and
	investigation are confidential and not subject to:
	(1)  disclosure under Chapter 552, Government Code; or
	(2)  disclosure, discovery, subpoena, or other means of
	legal compulsion for their release to any person.
	(d)  A complaint or investigation subject to this section and
	all information and materials subpoenaed or compiled by the
	department in connection with the complaint and investigation may
	be disclosed to:
	(1)  persons involved with the department in a
	disciplinary action;
	(2)  a respondent or the respondent's authorized
	representative;
	(3)  a governmental agency, if:
	(A)  the disclosure is required or permitted by
	law; and
	(B)  the agency obtaining the disclosure protects
	the identity of any patient whose records are examined;
	(4)  a professional licensing, credentialing, or
	disciplinary entity in another jurisdiction;
	(5)  a peer assistance program approved by the
	commission under Chapter 467, Health and Safety Code, including a
	properly established peer assistance program in another
	jurisdiction;
	(6)  a peer review committee reviewing a license
	holder's application for privileges or the license holder's
	qualifications related to retaining the privileges;
	(7)  a law enforcement agency; and
	(8)  a person engaged in bona fide research, if all
	individual-identifying information has been deleted.
	(e)  Notwithstanding any other provision of this section, if
	a department investigation would be jeopardized by the release or
	disclosure, the department may temporarily withhold or otherwise
	refrain from releasing or disclosing to any person any information
	or materials that the department would otherwise be required to
	release or disclose.
	(f)  The department may not be compelled to release or
	disclose complaint and investigation information or materials to a
	person listed in Subsection (d) if the department has not issued a
	notice of alleged violation related to the information or
	materials.
	(g)  The department may release or disclose complaint and
	investigation information or materials in accordance with
	Subsection (d) at any stage of a disciplinary action.
	(h)  The department shall protect the identity of any patient
	whose records are examined in connection with a disciplinary
	action, other than a patient who:
	(1)  initiates the disciplinary action;
	(2)  is a witness in the disciplinary action; or
	(3)  has submitted a written consent to release the
	records.
	(i)  Notices of alleged violation issued by the department
	against respondents, disciplinary proceedings of the department,
	commission, or executive director, and final disciplinary actions,
	including warnings and reprimands, by the department, commission,
	or executive director are not confidential and are subject to
	disclosure in accordance with Chapter 552, Government Code.
	SECTION 7.005.  Section 202.2032(c), Occupations Code, is
	amended to read as follows:
	(c)  Notwithstanding any confidentiality requirements under
	Chapter 552, Government Code, Chapter 51, or this chapter, a
	complaint filed with the department by an insurance agent, insurer,
	pharmaceutical company, or third-party administrator against a
	license holder must include the name and address of the insurance
	agent, insurer, pharmaceutical company, or third-party
	administrator filing the complaint.
	SECTION 7.006.  Section 202.404(e), Occupations Code, is
	amended to read as follows:
	(e)  The department shall protect the identity of a patient
	whose podiatric records are examined or provided under Subsection
	(c) [or (d)], other than a patient who:
	(1)  is covered under Subsection (a)(1); or
	(2)  has submitted written consent to the release of
	the patient's podiatric records as provided by Section 202.406.
	SECTION 7.007.  Section 202.509(g), Occupations Code, is
	amended to read as follows:
	(g)  The department's disclosure of information under
	Subsection [(b), (d), or] (f) of this section, Section 202.2031, or
	Section 202.2032 does not constitute a waiver of privilege or
	confidentiality under this chapter or any other law.
	SECTION 7.008.  The following provisions of the Occupations
	Code are repealed:
	(1)  Section 202.404(d);
	(2)  Sections 202.509(a), (b), (c), (d), and (h);
	(3)  Section 401.2535;
	(4)  Section 402.154;
	(5)  Section 451.110;
	(6)  Section 506.202;
	(7)  Subchapter E, Chapter 605; and
	(8)  Subchapter E, Chapter 701.
	SECTION 7.009.  The changes in law made by this article apply
	to a disciplinary action initiated before the effective date of
	this Act that has not resulted in a final order issued on or before
	the effective date of this Act and to a disciplinary action
	initiated on or after the effective date of this Act.
	ARTICLE 8. PODIATRISTS
	SECTION 8.001.  Section 202.2032(d), Occupations Code, is
	amended to read as follows:
	(d)  The [Not later than the 15th day after the date the
	complaint is filed with the department, the] department shall
	notify the license holder who is the subject of the complaint of the
	name and address of the insurance agent, insurer, pharmaceutical
	company, or third-party administrator who filed the complaint,
	unless the notice would jeopardize an investigation.
	SECTION 8.002.  Subchapter E, Chapter 202, Occupations Code,
	is amended by adding Section 202.204 to read as follows:
	Sec. 202.204.  EXPERT WITNESS. (a) In this section, "expert
	witness" means a podiatrist or other qualified individual with whom
	the department contracts to assist the department with reviewing,
	investigating, or prosecuting complaints filed under this chapter.
	(b)  The department may contract with an expert witness,
	including an advisory board member under Section 202.051(a)(1), to
	assist the department with reviewing, investigating, or
	prosecuting a complaint filed under this chapter.
	(c)  Except for an act by an expert witness involving fraud,
	conspiracy, or malice, an expert witness is immune from liability
	and may not be subject to a suit for damages for any act arising from
	the performance of the expert witness's duties in:
	(1)  participating in an informal conference to
	determine the facts of a complaint;
	(2)  evaluating evidence in a complaint and offering an
	opinion or technical guidance on an alleged violation of this
	chapter or a rule adopted under this chapter;
	(3)  testifying at a hearing regarding a complaint; or
	(4)  making an evaluation, report, or recommendation
	regarding a complaint.
	SECTION 8.003.  Section 202.253(a-1), Occupations Code, is
	amended to read as follows:
	(a-1)  The commission or department may refuse to admit a
	person to an examination, and may refuse to issue a license to
	practice podiatry to a person, for:
	(1)  presenting a license, certificate, or diploma that
	was illegally or fraudulently obtained or engaging in fraud or
	deception in passing the examination;
	(2)  being convicted of[:
	[(A)  a felony;
	[(B)  a crime that involves moral turpitude; or
	[(C)]  an offense under Section 202.606;
	(3)  engaging in habits of intemperance or drug
	addiction that in the department's opinion would endanger the
	health, well-being, or welfare of patients;
	(4)  engaging in grossly unprofessional or
	dishonorable conduct of a character that in the department's
	opinion is likely to deceive or defraud the public;
	(5)  directly or indirectly violating or attempting to
	violate this chapter or a rule adopted under this chapter as a
	principal, accessory, or accomplice;
	(6)  using any advertising statement of a character
	tending to mislead or deceive the public;
	(7)  advertising professional superiority or the
	performance of professional service in a superior manner;
	(8)  purchasing, selling, bartering, or using or
	offering to purchase, sell, barter, or use a podiatry degree,
	license, certificate, diploma, or a transcript of a license,
	certificate, or diploma, in or incident to an application for a
	license to practice podiatry;
	(9)  altering, with fraudulent intent, a podiatry
	license, certificate, diploma, or a transcript of a podiatry
	license, certificate, or diploma;
	(10)  using a podiatry license, certificate, or
	diploma, or a transcript of a podiatry license, certificate, or
	diploma, that has been fraudulently purchased, issued,
	counterfeited, or materially altered;
	(11)  impersonating, or acting as proxy for, another
	person in a podiatry license examination;
	(12)  impersonating a license holder, or permitting
	another person to use the license holder's license to practice
	podiatry in this state, to treat or offer to treat, by any method,
	conditions and ailments of human feet;
	(13)  directly or indirectly employing a person whose
	license to practice podiatry has been suspended or associating in
	the practice of podiatry with a person whose license to practice
	podiatry has been suspended or who has been convicted of the
	unlawful practice of podiatry in this state or elsewhere;
	(14)  wilfully making in the application for a license
	to practice podiatry a material misrepresentation or material
	untrue statement;
	(15)  being unable to practice podiatry with reasonable
	skill and safety to a patient because of age, illness, drunkenness,
	or excessive use of drugs, narcotics, chemicals, or other
	substances or as a result of a mental or physical condition;
	(16)  failing to practice podiatry in an acceptable
	manner consistent with public health and welfare;
	(17)  being removed, suspended, or disciplined in
	another manner by the podiatrist's peers in a professional podiatry
	association or society, whether local, regional, state, or national
	in scope, or being disciplined by a licensed hospital or the medical
	staff of a hospital, including removal, suspension, limitation of
	hospital privileges, or other disciplinary action, if the
	commission or department determines that the action was:
	(A)  based on unprofessional conduct or
	professional incompetence likely to harm the public; and
	(B)  appropriate and reasonably supported by
	evidence submitted to the association, society, hospital, or
	medical staff; or
	(18)  having repeated or recurring meritorious health
	care liability claims filed against the podiatrist that in the
	commission's or department's opinion are evidence of professional
	incompetence likely to injure the public.
	SECTION 8.004.  Subchapter H, Chapter 202, Occupations Code,
	is amended by adding Section 202.354 to read as follows:
	Sec. 202.354.  DELEGATION OF CERTAIN ACTS. (a) A podiatrist
	may delegate to a qualified and properly trained podiatric medical
	assistant acting under the podiatrist's supervision any podiatric
	medical act that a reasonable and prudent podiatrist would find
	within the scope of sound medical judgment to delegate if:
	(1)  in the opinion of the delegating podiatrist, the
	medical act:
	(A)  can be properly and safely performed by the
	podiatric medical assistant to whom the podiatric medical act is
	delegated; and
	(B)  is performed in a customary manner and not in
	violation of any other statute; and
	(2)  the podiatric medical assistant to whom the
	podiatric medical act is delegated does not represent to the public
	that the medical assistant is authorized to practice podiatry.
	(b)  A delegating podiatrist is responsible for a podiatric
	medical act performed by the podiatric medical assistant to whom
	the podiatrist delegates the act.
	(c)  The department may determine whether:
	(1)  an act constitutes the practice of podiatric
	medicine; and
	(2)  a podiatric medical act may be properly or safely
	delegated by podiatrists.
	SECTION 8.005.  Section 202.602(a), Occupations Code, is
	amended to read as follows:
	(a)  The department [commission by rule] shall develop a
	system to identify and monitor a podiatrist's compliance with this
	chapter and any [. The system must include:
	[(1)     procedures for determining whether a podiatrist
	is in compliance with an] order issued by the commission or
	executive director under this chapter [; and
	[(2)     a method of identifying and monitoring each
	podiatrist who represents a risk to the public].
	SECTION 8.006.  Subchapter D, Chapter 601, Occupations Code,
	is amended by adding Section 601.157 to read as follows:
	Sec. 601.157.  PERSON SUPERVISED BY PODIATRIST. A person is
	not required to hold a certificate issued under this chapter to
	perform a radiologic procedure if:
	(1)  the procedure is performed under the supervision
	of a podiatrist; and
	(2)  the person:
	(A)  is registered with the Texas Department of
	Licensing and Regulation to assist a podiatrist; and
	(B)  complies with rules adopted under Section
	601.252(e).
	SECTION 8.007.  Section 601.251, Occupations Code, is
	amended to read as follows:
	Sec. 601.251.  APPLICABILITY. This subchapter applies to
	the:
	(1)  Texas Board of Nursing;
	(2)  Texas Board of Chiropractic Examiners;
	(3)  State Board of Dental Examiners;
	(4)  Texas Medical Board;
	(5)  Texas Department of Licensing and Regulation, with
	respect to the department's authority to regulate podiatrists
	[State Board of Podiatric Medical Examiners]; and
	(6)  Texas Physician Assistant Board.
	SECTION 8.008.  Section 601.252, Occupations Code, is
	amended by adding Subsections (e) and (f) to read as follows:
	(e)  Rules adopted under this section by the Texas Commission
	of Licensing and Regulation must:
	(1)  require an authorized person who performs
	radiologic procedures under the delegation of a podiatrist, other
	than a registered nurse, to register with the Texas Department of
	Licensing and Regulation;
	(2)  establish reasonable and necessary fees to cover
	the administrative costs incurred by the Texas Department of
	Licensing and Regulation in administering a registration program
	created under this subsection;
	(3)  establish grounds for the suspension, revocation,
	or nonrenewal of a registration issued under this subsection; and
	(4)  establish standards for training and supervising
	the operators of podiatric equipment, including standards for
	curricula and instructors.
	(f)  In adopting rules under Subsection (e), the Texas
	Commission of Licensing and Regulation may take into account
	whether the radiologic procedure will be performed by a registered
	nurse.
	SECTION 8.009.  Sections 202.2025 and 202.6011, Occupations
	Code, are repealed.
	SECTION 8.010.  Section 202.2032, Occupations Code, as
	amended by this article, applies only to a complaint filed under
	Chapter 202, Occupations Code, on or after the effective date of
	this Act.  A complaint filed before the effective date of this Act
	is governed by the law in effect on the date the complaint was
	filed, and the former law is continued in effect for that purpose.
	SECTION 8.011.  Section 202.253(a-1), Occupations Code, as
	amended by this article, applies only to a conviction that occurs on
	or after the effective date of this Act. A conviction that occurs
	before the effective date of this Act is governed by the law in
	effect on the date the conviction occurred, and the former law is
	continued in effect for that purpose.
	SECTION 8.012.  To the extent of any conflict, Section
	601.251, Occupations Code, as amended by this article, prevails
	over another Act of the 86th Legislature, Regular Session, 2019,
	relating to nonsubstantive additions to and corrections in enacted
	codes.
	ARTICLE 9. MIDWIVES
	SECTION 9.001.  Section 203.056, Occupations Code, is
	amended to read as follows:
	Sec. 203.056.  PRESIDING OFFICER. The presiding officer of
	the commission shall designate a [public] member of the advisory
	board to serve as the 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 9.002.  Section 203.152, Occupations Code, is
	repealed.
	SECTION 9.003.  Section 203.056, Occupations Code, as
	amended by this article, does not affect the entitlement of a member
	of the Midwives Advisory Board who is serving as the presiding
	officer of the advisory board immediately before the effective date
	of this Act to continue to serve in that capacity for the remainder
	of the member's term as presiding officer.
	ARTICLE 10. AUDIOLOGISTS
	SECTION 10.001.  Section 401.403(b), Occupations Code, is
	amended to read as follows:
	(b)  A person who holds a license [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 the person's
	intention to fit and dispense hearing instruments;
	[(2)]  comply with rules adopted under this chapter
	related to fitting and dispensing hearing instruments [the
	profession's code of ethics];
	(2) [(3)]  comply with the federal Food and Drug
	Administration guidelines for fitting and dispensing hearing
	instruments;
	(3) [(4)]  when providing services in this state, use a
	written contract that contains the department's name, mailing
	address, [and] telephone number, and Internet website address; and
	(4) [(5)]  follow the guidelines adopted by commission
	rule for a 30-day trial period on every hearing instrument
	purchased.
	ARTICLE 11. ORTHOTIC AND PROSTHETIC TECHNICIANS
	SECTION 11.001.  The following provisions of the Occupations
	Code are repealed:
	(1)  Sections 605.002(19), (20), and (21); and
	(2)  Section 605.259.
	SECTION 11.002.  (a) On the effective date of this Act, a
	registered orthotic technician or registered prosthetic technician
	certificate issued under former Section 605.259, Occupations Code,
	expires.
	(b)  As soon as practicable after the effective date of this
	Act, the Texas Commission of Licensing and Regulation shall repeal
	all rules regarding the regulation of orthotic and prosthetic
	technicians adopted under Chapter 605, Occupations Code.
	SECTION 11.003.  The change in law made by this article does
	not affect the validity of a proceeding pending before a court or
	other governmental entity on the effective date of this Act.
	ARTICLE 12. DIETITIANS
	SECTION 12.001.  Section 701.151(b), Occupations Code, is
	amended to read as follows:
	(b)  The commission or the department, as appropriate,
	shall:
	(1)  [adopt an official seal;
	[(2)] adopt and publish a code of ethics;
	(2) [(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 rule adopted under this chapter, or the code of
	ethics;] and
	(3) [(5)]  request and receive any necessary
	assistance from state educational institutions or other state
	agencies.
	SECTION 12.002.  Sections 701.155 and 701.353, Occupations
	Code, are repealed.
	ARTICLE 13. INTERIOR DESIGNERS
	SECTION 13.001.  Section 1051.451, Occupations Code, is
	amended to read as follows:
	Sec. 1051.451.  IMPOSITION OF ADMINISTRATIVE PENALTY. (a)
	Except as provided by Subsection (b), the [The] board may impose an
	administrative penalty on a person who engages in conduct for which
	the person is subject to disciplinary action under this subtitle,
	regardless of whether the person holds a certificate of
	registration issued under this subtitle.
	(b)  The board may not impose an administrative penalty under
	this subtitle on a person for conduct related to the practice of
	interior design unless the person holds a certificate of
	registration as an interior designer.
	SECTION 13.002.  Section 1053.251(a), Occupations Code, is
	amended to read as follows:
	(a)  On a determination that a ground for disciplinary action
	exists under Section 1053.252, the board shall:
	(1)  revoke, suspend, or refuse to renew a
	certification of registration;
	(2)  reprimand a certificate holder; or
	(3)  impose an administrative penalty on a certificate
	holder [person] under Subchapter I, Chapter 1051.
	SECTION 13.003.  Subchapter H, Chapter 1053, Occupations
	Code, is repealed.
	SECTION 13.004.  Sections 1051.451 and 1053.251(a),
	Occupations Code, as amended by this article, apply only to the
	imposition of an administrative penalty for a violation that occurs
	on or after the effective date of this Act.  The imposition of an
	administrative penalty for a violation that occurs before the
	effective date of this Act is governed by the law in effect on the
	date the violation occurred, and the former law is continued in
	effect for that purpose.
	SECTION 13.005.  The repeal by this article of Subchapter H,
	Chapter 1053, Occupations Code, does not apply to an offense
	committed under that subchapter before the effective date of the
	repeal. An offense committed before the effective date of the
	repeal is governed by the law as it existed on the date the offense
	was committed, and the former law is continued in effect for that
	purpose. For purposes of this section, an offense was committed
	before the effective date of the repeal if any element of the
	offense occurred before that date.
	ARTICLE 14. BARBERS AND COSMETOLOGISTS
	SECTION 14.001.  Section 1602.254(b), Occupations Code, is
	amended to read as follows:
	(b)  To be eligible for an operator license, an applicant
	must meet the requirements of Subsection (c) or:
	(1)  be at least 17 years of age;
	(2)  have obtained a high school diploma or the
	equivalent of a high school diploma or have passed a valid
	examination administered by a certified testing agency that
	measures the person's ability to benefit from training; and
	(3)  have completed:
	(A)  1,000 [1,500] hours of instruction in a
	licensed beauty culture school; or
	(B)  1,000 hours of instruction in beauty culture
	courses and 500 hours of related high school courses prescribed by
	the commission in a vocational cosmetology program in a public
	school.
	SECTION 14.002.  Section 1602.255(c), Occupations Code, is
	amended to read as follows:
	(c)  The commission shall adopt rules for the licensing of
	specialty instructors to teach specialty courses in the practice of
	cosmetology defined in Sections 1602.002(a)(2), (4), (5), (6)
	[1602.002(a)(5)], (7), (8), (9), [and] (10), and (11).
	SECTION 14.003.  Section 1602.261(a), Occupations Code, is
	amended to read as follows:
	(a)  A person holding a manicurist/esthetician specialty
	license may perform only the practice of cosmetology defined in
	Sections 1602.002(a)(4) through (10) [(9)].
	SECTION 14.004.  Section 1602.305(a), Occupations Code, is
	amended to read as follows:
	(a)  A person holding a specialty shop license may maintain
	an establishment in which only the practice of cosmetology as
	defined in Section 1602.002(a)(2), (4), (5), (6), (7), (8), (9),
	[or] (10), or (11) is performed.
	SECTION 14.005.  Section 1602.451(a), Occupations Code, is
	amended to read as follows:
	(a)  The holder of a private beauty culture school license
	shall:
	(1)  maintain a sanitary establishment;
	(2)  maintain on duty one licensed instructor for each
	25 students in attendance;
	(3)  maintain a daily record of students' attendance;
	(4)  establish regular class and instruction hours and
	grades;
	(5)  require a school term of not less than six [nine]
	months and not less than 1,000 [1,500] hours instruction for a
	complete course in cosmetology;
	(6)  require a school term of not less than 600 hours
	instruction for a complete course in manicuring;
	(7)  hold examinations before issuing diplomas;
	(8)  maintain a copy of the school's curriculum in a
	conspicuous place and verify that the curriculum is being followed;
	(9)  publish in the school's catalogue and enrollment
	contract a description of the refund policy required under Section
	1602.458; and
	(10)  provide the department with information on:
	(A)  the current course completion rates of
	students who attend a course of instruction offered by the school;
	and
	(B)  job placement rates and employment rates of
	students who complete the course of instruction.
	SECTION 14.006.  Section 1603.104, Occupations Code, is
	amended by amending Subsection (b) and adding Subsections (c) and
	(c-1) to read as follows:
	(b)  Except as otherwise provided by this section, at [At]
	least once every four [two] years, the department shall inspect
	each shop or other facility that holds a license, certificate, or
	permit in which the practice of barbering or cosmetology is
	performed under this chapter, Chapter 1601, or Chapter 1602.
	(c)  At[, and at] least twice per year, the department shall
	inspect each school in which barbering or cosmetology is taught
	under this chapter, Chapter 1601, or Chapter 1602.
	(c-1)  At least once every two years, the department shall
	inspect each specialty shop that holds a license, certificate, or
	permit issued under this chapter, Chapter 1601, or Chapter 1602 and
	at which the practices described by Section 1601.002(1)(E) or (F)
	or 1602.002(a)(8) or (9) are performed.
	SECTION 14.007.  Subchapter E, Chapter 1603, Occupations
	Code, is amended by adding Section 1603.208 to read as follows:
	Sec. 1603.208.  DIGITALLY PREARRANGED REMOTE SERVICES.
	(a)  In this section:
	(1)  "Digital network" means any online-enabled
	application, Internet website, or system offered or used by a
	remote service business that allows a client to arrange for a
	digitally prearranged remote service.
	(2)  "Digitally prearranged remote service" means a
	barbering or cosmetology service performed for compensation by a
	person holding a license, certificate of registration, or permit
	under Chapter 1601 or 1602 or this chapter that is:
	(A)  prearranged through a digital network; and
	(B)  performed at a location other than a place of
	business that is licensed or permitted under Chapter 1601 or 1602 or
	this chapter.
	(3)  "Remote service business" means a corporation,
	partnership, sole proprietorship, or other entity that, for
	compensation, enables a client to schedule a digitally prearranged
	remote service with a person holding a license, certificate of
	registration, or permit under Chapter 1601 or 1602 or this chapter.
	(b)  The commission shall adopt rules to administer this
	section, including rules that:
	(1)  set minimum standards for:
	(A)  the operation of a remote service business;
	and
	(B)  the sanitation requirements for performing a
	digitally prearranged remote service;
	(2)  determine activities within the scope of barbering
	and cosmetology that may be performed as a digitally prearranged
	remote service; and
	(3)  establish procedures for inspecting and auditing
	the records of a remote service business and of a person who
	performs a digitally prearranged remote service.
	(c)  Sections 1601.453, 1601.455, 1602.251(c), and 1602.407
	do not apply to a digitally prearranged remote service scheduled
	through a remote service business.
	(d)  A person who holds a license, certificate of
	registration, or permit to practice barbering or cosmetology and
	who performs a digitally prearranged remote service shall:
	(1)  comply with this section and the rules adopted
	under this section; and
	(2)  practice within the scope of the person's license,
	certificate of registration, or permit.
	(e)  A remote service business may not offer a barbering or
	cosmetology service that requires treating or removing a person's
	hair by:
	(1)  coloring;
	(2)  processing;
	(3)  bleaching;
	(4)  dyeing;
	(5)  tinting; or
	(6)  using a cosmetic preparation.
	(f)  Before a person licensed, registered, or permitted to
	practice barbering or cosmetology performs a digitally prearranged
	remote service for a client requesting the service, a remote
	service business shall provide through the entity's digital
	network:
	(1)  the following information regarding the person who
	will perform the service:
	(A)  the person's first and last name;
	(B)  the number of the person's license,
	certificate of registration, or permit, as applicable; and
	(C)  a photograph of the person;
	(2)  the following information regarding the business:
	(A)  Internet website address; and
	(B)  telephone number; and
	(3)  the department's Internet website address and
	telephone number and notice that the client may contact the
	department to file a complaint against the business or person.
	(g)  Within a reasonable time after completion of a digitally
	prearranged remote service, the remote service business shall issue
	to the client who requested the service a receipt that includes:
	(1)  the date the service was provided;
	(2)  a description of the service;
	(3)  the first and last name of the person who performed
	the service;
	(4)  the number of the person's license, certificate of
	registration, or permit, as applicable;
	(5)  the following information regarding the business:
	(A)  Internet website address; and
	(B)  telephone number; and
	(6)  the department's Internet website address and
	telephone number and notice that the client may contact the
	department to file a complaint against the business or person.
	(h)  A remote service business shall maintain each record
	showing compliance with this section and the rules adopted under
	this section until at least the fifth anniversary of the date the
	record was generated.
	(i)  A remote service business shall terminate a person's
	access to the business's digital network if the business or
	department determines the person violated:
	(1)  this chapter;
	(2)  a rule adopted under this chapter;
	(3)  Chapter 1601 or 1602; or
	(4)  a rule adopted under Chapter 1601 or 1602.
	SECTION 14.008.  Section 1603.255, Occupations Code, is
	amended to read as follows:
	Sec. 1603.255.  EARLY EXAMINATION. The department may allow
	for the early written examination of a student who has completed the
	following number of hours of instruction in a department-approved
	training program:
	(1)  1,000 hours for a student seeking a Class A barber
	certificate [or operator license] in a private barber [or
	cosmetology] school; [or]
	(2)  900 hours for a student seeking an operator
	license in a private cosmetology school; or
	(3)  900 hours for a student seeking a Class A barber
	certificate or operator license in a publicly funded barber or
	cosmetology school.
	SECTION 14.009.  Section 1603.256(c), Occupations Code, is
	amended to read as follows:
	(c)  The following persons may administer a practical
	examination required under this subchapter:
	(1)  the department; [or]
	(2)  a person with whom the department contracts under
	Section 1603.252;
	(3)  a barber school, private beauty culture school, or
	public secondary or postsecondary beauty culture school that is
	approved by the department to administer the examination under
	Section 1603.252; or
	(4)  the Windham School District.
	SECTION 14.010.  As soon as practicable after the effective
	date of this Act, the Texas Commission of Licensing and Regulation
	shall adopt rules implementing Chapters 1602 and 1603, Occupations
	Code, as amended by this article.
	SECTION 14.011.  The change in law made by this article to
	Section 1602.254(b), Occupations Code, applies only to an
	application for an operator license submitted on or after September
	1, 2020. An application for an operator license submitted 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.
	SECTION 14.012.  The changes in law made by this article to
	Section 1603.255, Occupations Code, apply only to a person who
	applies to take an early examination for a barbering or cosmetology
	license on or after the effective date of this Act.  A person who
	applies to take an early examination before the effective date of
	this Act is governed by the law in effect on the date the person
	applies, and the former law is continued in effect for that purpose.
	ARTICLE 15. USED AUTOMOTIVE PARTS RECYCLERS
	SECTION 15.001.  Section 2309.102(a), Occupations Code, is
	amended to read as follows:
	(a)  The commission shall adopt rules for licensing used
	automotive parts recyclers [and used automotive parts employees].
	SECTION 15.002.  The heading to Section 2309.106,
	Occupations Code, is amended to read as follows:
	Sec. 2309.106.  PERIODIC [AND RISK-BASED] INSPECTIONS.
	SECTION 15.003.  Section 2309.106(a), Occupations Code, is
	amended to read as follows:
	(a)  The department shall inspect each used automotive parts
	recycling facility at least once every four [two] years.
	SECTION 15.004.  The following provisions of the Occupations
	Code are repealed:
	(1)  Sections 2309.106(c) and (d); and
	(2)  Section 2309.154.
	SECTION 15.005.  (a) On the effective date of this Act, a
	used automotive parts employee license issued under former Section
	2309.154, Occupations Code, expires.
	(b)  As soon as practicable after the effective date of this
	Act, the Texas Commission of Licensing and Regulation shall repeal
	all rules regarding the regulation of used automotive parts
	employees adopted under Chapter 2309, Occupations Code.
	SECTION 15.006.  (a) The change in law made by this article
	to Chapter 2309, Occupations Code, does not affect the validity of a
	proceeding pending before a court or other governmental entity on
	the effective date of this Act.
	(b)  An offense or other violation of law committed before
	the effective date of 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
	subsection, 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.
	ARTICLE 16. IMPLEMENTATION; EFFECTIVE DATE
	SECTION 16.001.  The Texas Commission of Licensing and
	Regulation and the Texas Department of Licensing and Regulation are
	required to implement a provision of this Act only if the
	legislature appropriates money specifically for that purpose. If
	the legislature does not appropriate money specifically for that
	purpose, the commission and the department may, but are not
	required to, implement a provision of this Act using other
	appropriations available for that purpose.
	SECTION 16.002.  This Act takes effect September 1, 2019.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 2847 was passed by the House on April
	25, 2019, by the following vote:  Yeas 130, Nays 5, 2 present, not
	voting; that the House refused to concur in Senate amendments to
	H.B. No. 2847 on May 23, 2019, and requested the appointment of a
	conference committee to consider the differences between the two
	houses; and that the House adopted the conference committee report
	on H.B. No. 2847 on May 26, 2019, by the following vote:  Yeas 100,
	Nays 42, 1 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 2847 was passed by the Senate, with
	amendments, on May 21, 2019, by the following vote:  Yeas 30, Nays
	1; at the request of the House, the Senate appointed a conference
	committee to consider the differences between the two houses; and
	that the Senate adopted the conference committee report on H.B. No.
	2847 on May 26, 2019, by the following vote:  Yeas 29, Nays 2.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor