SECTION 4.03. Subsection
(a), Section 2054.352, Government Code, is amended
to read as follows:
(a) The following licensing
entities shall participate in the system established
under Section 2054.353, as added by Chapter
353, Acts of the 77th Legislature, Regular Session,
2001:
(1) State Board
of Barber Examiners;
(2) Texas
Board of Chiropractic Examiners;
(2) (3) Texas
Cosmetology Commission;
(4) Court
Reporters Certification Board;
(3) (5)
State Board of Dental Examiners;
(4) (6)
Texas Funeral Service Commission;
(5) (7)
Texas Board of Professional Land Surveying;
(6) (8)
Texas State Board of Medical Examiners;
(7) (9)
Board of Nurse Examiners;
(8) (10)
Texas Optometry Board;
(9) (11)
Texas Structural Pest Control Board;
(10) (12)
Texas State Board of Pharmacy;
(11) (13)
Executive Council of Physical Therapy and Occupational
Therapy Examiners;
(12) (14)
Texas State Board of Plumbing Examiners;
(13) (15)
Texas State Board of Podiatric Medical Examiners;
(14) (16)
Board of Tax Professional Examiners;
(15) (17)
Polygraph Examiners Board;
(16) (18)
Texas State Board of Examiners of Psychologists;
(17) (19)
State Board of Veterinary Medical Examiners;
(18) (20)
Texas Real Estate Commission;
(19) (21)
Texas Appraiser Licensing and Certification Board;
(20) (22)
Texas Department of Licensing and Regulation;
(21) (24)
Texas State Board of Public Accountancy;
(22) (25)
State Board for Educator Certification;
(23) (26)
Texas Board of Professional Engineers;
(24) (27)
Texas Department of State Health
Services;
(25) (28)
Texas Board of Architectural Examiners;
(26) (29)
Texas Racing Commission;
(27) (30)
Commission on Law Enforcement Officer Standards and
Education; and
(28) (31)
Texas Commission on Private Security
Board.
ARTICLE
5. REPEALER
SECTION 5.01. The following
laws are repealed:
(1) Subchapters C, D, E,
and O, Chapter 1601, Occupations Code;
(2) Subchapters C, E, and
K, Chapter 1602, Occupations Code; and
(3) Sections 1601.004, 1601.051(b)
and (c), 1601.052, 1601.053, 1601.054, 1601.056, 1601.057,
1601.252, 1601.261, 1601.262, 1601.263, 1601.264, 1601.266,
1601.267, 1601.302, 1601.310, 1601.311, 1601.356, 1601.401,
1601.402(d), 1601.403, 1601.404(a) and (b), 1601.408,
1601.502, 1601.503, 1601.506, 1601.601, 1601.651, 1601.654,
1602.004, 1602.051(c), 1602.052, 1602.053, 1602.054,
1602.055(b), 1602.056, 1602.057, 1602.058(b), 1602.059,
1602.151, 1602.152, 1602.154, 1602.155, 1602.252, 1602.253,
as amended by Chapter 1282, Acts of the 78th Legislature,
Regular Session, 2003, 1602.259, 1602.260, 1602.261,
1602.263, 1602.264, 1602.265, 1602.303(d), 1602.304(b),
1602.351(d), 1602.352(b) through (f), 1602.407, 1602.551,
1602.552, 1602.553, and 1602.555, Occupations Code.
ARTICLE
6. TRANSITION AND EFFECTIVE DATE
SECTION 6.01. (a) The State
Board of Barber Examiners and the Texas Cosmetology
Commission are abolished but continue in existence
until January 1, 2006, for the sole purpose of transferring
obligations, property, full-time equivalent positions,
rights, powers, and duties to the Texas Department
of Licensing and Regulation. The Texas Department
of Licensing and Regulation assumes all of the obligations,
property, full-time equivalent positions, rights, powers,
and duties of the State Board of Barber Examiners and
the Texas Cosmetology Commission, as they exist immediately
before the effective date of this Act. All unexpended
funds appropriated to the State Board of Barber Examiners
and the Texas Cosmetology Commission are transferred
to the Texas Department of Licensing and Regulation.
The transfer of the obligations, property, full-time
equivalent positions, rights, powers, and duties of
the State Board of Barber Examiners and the Texas Cosmetology
Commission to the Texas Department of Licensing and
Regulation must be completed not later than January
1, 2006.
(b) All rules of the State
Board of Barber Examiners and the Texas Cosmetology
Commission are continued in effect as rules of the
Texas Commission of Licensing and Regulation until
superseded by a rule of the Texas Commission of Licensing
and Regulation. A certificate, license, or permit
issued by the State Board of Barber Examiners or the
Texas Cosmetology Commission is continued in effect
as provided by the law in effect immediately before
the effective date of this Act. A complaint, investigation,
contested case, or other proceeding pending on the
effective date of this Act is continued without change
in status after the effective date of this Act. An
inspection or other activity conducted by the State
Board of Barber Examiners or the Texas Cosmetology
Commission is considered to be an inspection or activity
conducted by the Texas Department of Licensing and
Regulation, including an inspection or other activity
conducted for purposes of allowing a school, shop,
or facility to continue to operate under Section 1603.103,
Occupations Code, as added by this Act.
(c) A reference in another
law or an administrative rule to the State Board of
Barber Examiners or the Texas Cosmetology Commission
means the Texas Department of Licensing and Regulation.
SECTION 6.02. (a) The State
Board of Barber Examiners and the Texas Cosmetology
Commission, in cooperation with and at the direction
of the Texas Department of Licensing and Regulation
shall complete all necessary computer programming and
other tasks to ensure that the agency numbers assigned
by the comptroller of public accounts to the board
and the commission are not necessary for any fiscal
year after 2005, except to complete earlier fiscal
year revenue and expenditure transactions and reporting.
The number assigned by the comptroller of public accounts
to the Texas Department of Licensing and Regulation
shall be used to record transactions related to the
regulation of barbering and cosmetology beginning in
fiscal year 2006.
(b) Not later than July 1,
2005, the State Board of Barber Examiners and the Texas
Cosmetology Commission shall request that the comptroller
of public accounts grant the Texas Department of Licensing
and Regulation inquiry-only security access to the
uniform statewide accounting system, the state property
accounting system, the uniform statewide payroll system,
and the human resources information system for their
respective agencies. The Texas Department of Licensing
and Regulation and the comptroller of public accounts
may coordinate implementation of this section.
(c) Not later than July 15,
2005, the Texas Department of Licensing and Regulation
shall provide to the State Board of Barber Examiners
and the Texas Cosmetology Commission detailed information
regarding those agencies' responsibilities under Subsection
(a) of this section.
SECTION 6.03. Sections 1602.353
and 1603.352, Occupations Code, as added by this Act,
take effect January 1, 2006.
SECTION 6.04. (a) Except
as provided by Subsection (b) of this section, this
Act takes effect September 1, 2005.
(b) Section 6.02 of this
Act takes effect immediately if this Act receives a
vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote
necessary for immediate effect, Section 6.02 of this
Act does not take effect.
______________________________ ______________________________
President
of the Senate Speaker of the House
I hereby certify that S.B.
No. 411 passed the Senate on April 26, 2005, by the
following vote: Yeas 31, Nays 0; and that the Senate
concurred in House amendments on May 28, 2005, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the
Senate
I hereby certify that S.B.
No. 411 passed the House, with amendments, on May 23,
2005, by the following vote: Yeas 141, Nays 0, four
present not voting.
______________________________
Chief Clerk of
the House
Approved:
______________________________
Date
______________________________
Governor