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  S.B. No. 1531
 
 
 
 
AN ACT
  relating to the eligibility for certain occupational licenses and
  the use of a person's criminal history as grounds for certain
  actions related to the license.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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 2.  Section 203.404(a), Occupations Code, is amended
  to read as follows:
         (a)  The commission or executive director may discipline a
  licensed midwife, refuse to renew a midwife's license, or refuse to
  issue a license to an applicant if the person:
               (1)  violates this chapter or a rule adopted under this
  chapter;
               (2)  submits false or misleading information to the
  department;
               (3)  [is convicted of a misdemeanor involving moral
  turpitude or a felony;
               [(4)]  uses alcohol or drugs intemperately;
               (4) [(5)]  engages in unprofessional or dishonorable
  conduct that may reasonably be determined to deceive or defraud the
  public;
               (5) [(6)]  is unable to practice midwifery with
  reasonable skill and safety because of illness, disability, or
  psychological impairment;
               (6) [(7)]  is determined by a court judgment to be
  mentally impaired;
               (7) [(8)]  submits a birth or death certificate known
  by the person to be false or fraudulent or engages in another act
  that violates Title 3, Health and Safety Code, or a rule adopted
  under that title;
               (8) [(9)]  violates Chapter 244, Health and Safety
  Code, or a rule adopted under that chapter; or
               (9) [(10)]  fails to practice midwifery in a manner
  consistent with the public health and safety.
         SECTION 3.  Section 802.107, Occupations Code, is amended by
  amending Subsections (a) and (b) and adding Subsection (b-1) to
  read as follows:
         (a)  The department shall deny issuance of a license to, or
  refuse to renew the license of, a person if the person or a
  controlling person of the dog or cat breeder has pled guilty or nolo
  contendere to, been convicted of, or received deferred adjudication
  for animal cruelty or neglect in this state or any other
  jurisdiction in the five years preceding the person's initial or
  renewal application for a license.
         (b)  Subject to Subsection (b-1), the [The department shall
  revoke a] license of a licensed breeder is revoked by operation of
  law if, after the license is issued, the licensed breeder [person]
  or a controlling person of the licensed [dog or cat] breeder pleads
  guilty or nolo contendere to, is convicted of, or receives deferred
  adjudication for animal cruelty or neglect in this state or any
  other jurisdiction.
         (b-1)  Before a license is revoked under Subsection (b), the
  department must issue a notice of the revocation under the grounds
  prescribed by that subsection to the licensed breeder stating that
  the licensed breeder or the licensed breeder's representative may,
  not later than the 20th day after the date the licensed breeder
  receives the notice, submit to the department proof that the
  licensed breeder or controlling person of the licensed breeder, as
  applicable, did not plead guilty or nolo contendere to, was not
  convicted of, or did not receive deferred adjudication for animal
  cruelty or neglect in this state or any other jurisdiction as
  described by Subsection (b).
         SECTION 4.  Section 1305.152(a), Occupations Code, is
  amended to read as follows:
         (a)  An applicant for a license under this chapter must:
               (1)  submit to the department a completed application
  on a form prescribed by the executive director;
               (2)  submit to the department any other information
  required by executive director rule;
               (3)  demonstrate to the satisfaction of the executive
  director the appropriate amount of electrical work experience as
  required by this subchapter; and
               (4)  [demonstrate the applicant's honesty,
  trustworthiness, and integrity; and
               [(5)]  pay the application and examination fees.
         SECTION 5.  Section 1802.052(a), Occupations Code, is
  amended to read as follows:
         (a)  An individual is eligible for an auctioneer's license if
  the individual:
               (1)  is at least 18 years of age;
               (2)  is a citizen of the United States or a legal alien;
               (3)  either:
                     (A)  passes a written or oral examination
  demonstrating knowledge of the auction business and of the laws of
  this state relating to the auction business; or
                     (B)  shows proof of employment by a licensed
  auctioneer for at least two years and participation in at least 10
  auctions during that employment;
               (4)  holds a high school diploma or a high school
  equivalency certificate; and
               (5)  [has not been convicted of a felony during the five
  years preceding the date of application; and
               [(6)]  has completed at least 80 hours of classroom
  instruction at an auction school with a curriculum approved by the
  department in accordance with the standards and procedures
  established by rule adopted under this chapter.
         SECTION 6.  Section 203.404(a), Occupations Code, as amended
  by this Act, applies only to a disciplinary action taken on or after
  the effective date of this Act. A disciplinary action taken before
  the effective date of this Act is governed by the law in effect on
  the date the action was taken, and the former law is continued in
  effect for that purpose.
         SECTION 7.  Section 802.107(b), Occupations Code, as amended
  by this Act, applies only to an offense committed on or after the
  effective date of this Act. An offense committed before the
  effective date of this Act is governed by the law in effect 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 this Act if any element
  of the offense occurred before that date.
         SECTION 8.  Sections 1305.152 and 1802.052, Occupations
  Code, as amended by this Act, apply only to an application for a
  license 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.
         SECTION 9.  This Act takes effect September 1, 2019.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1531 passed the Senate on
  April 11, 2019, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1531 passed the House on
  May 16, 2019, by the following vote:  Yeas 137, Nays 0,
  two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor