Legislative Blog

J.B. Williams, J.D.

7 bills that modify the Occupations Code

A Blog about 88th Legislature Laws

A Bit of Background

The following backgrounds help summarize the author's views on both the general topic: Texas and more specifically 88th Legislature Laws as it relates to that topic.

Brief Summary of Texas

Texas is truly a Republic. There are a multitude of items that to modify the state constitution must be modified. So there are times when Constitutional amendments are on the voting ballots. While I sometimes abhor the wording, the concept that all of those legally able to vote in Texas must vote on the change is a good one. And bills in Texas are generally short, making it easier for everyone to understand.

Summary of 88th Legislature Laws

The blogs here will discuss the laws passed by Congress and signed into law, as well as those, passed by Congress and approved by the voters to become law. There are a multitude of laws and each time I post blogs I will notate here the current effective date if it is different from prior blogs. I am currently posting bills that took effect immediately - those bills total 336. I am currently posting regarding larger bills, so each blog covers a single bill.

Blog Summary

HB 2217 - There are small tweaks to the code surrounding public accountants.

SB 483 - Requires denial or revocation of licensing for massage therapy for a multitude of prostitution criminal findings.

SB 604 - Sets out what a landman is.

SB 1001 - Sets out rules for electric vehicle supply equipment that is for use by the public for a fee and is provided via assistance of public grant or refund program.

SB 1213 - Creating an advisory board to do what the industry was probably already doing.

SB 1732 - Meant to create a standard plug in that works with the most electric vehicles practicable.

SB 2017 - A lof of items are now relegated to commission rules.

7 bills that modify the Occupations Code

Published: 2024-06-26

HB 2217

Regulation of the practice of public accountancy

The fee that is paid for licensing as a public accountant has included in it a $10 annually to the credit of the scholarship trust fund for accounting students. This fund is held by the state treasury and may be used for scholarships for accounting students in a program designed to qualify them to apply for certification as a certified public accountant and the administrative costs of administering the fund. The administrative costs may not exceed 10% of the total money collected.

A person is considered to have passed if they receive credit for each subject within the time prescribed by the board. The board determines the restructuring of the exam.

If someone was authorized to practice public accountancy via a certification, license, or degree before 9/1/2023; then they may continue to practice as long as they remain in compliance with the provisions set out. This ensures that those previously granted the right to practice with a foreign or out-of-state background can continue to practice.

And it is no longer an accountant-client privilege, it is now called the accountant-client confidentiality. And continues to be recognized under the Penal Code.

SB 483

Regulation of massage therapy

There are several reason for ineligibility to practice massages. If a person is convicted of, entered a plea of no contest or guilty, or received deferred adjudication for the following:

1. an offense under the Penal Code, Chapter 20A (trafficking in persons); or
2. Penal Code, Section 43.021 (solicitation of prostitution);
3. Penal Code, Section 43.03 (promotion of prostitution);
4. Penal Code, Section 43.031 (on line promotion of prostitution);
5. Penal Code, Section 43.04 (aggravated promotion of prostitution);
6. Penal Code, Section 43.041 (aggravated on line promotion of prostitution);
7. Penal Code, Section 43.05 (compelling prostitution); or
8. an offense under federal law or the laws of another state containing elements that are substantially similar to the above

There has been added an administrative penalty section to the grounds for denial or disciplinary action section. Basically permitted an administrative penalty to be added as an action to be taken by the commission. And requires the revocation of a license for the above listed grounds for license denial.

SB 604

Land services performed by a landman

Land services means the performance or supervision of one or more of the following:

1. negotiating the acquisition or diversture of mineral or energy sources rights;
2. negotiation business agreements/easements for exploration of mineral or energy sources;
3. ascertaining ownership of mineral rights or energy sources;
4. assisting with the curing of title defects, title due diligence or reducing title risk associated with ownership, acquisition or divesture of mineral rights or energy rights; but it does not include
   • administrative functions;
   • division of order functions;
   • lease analysit functions;
5. managing rights/obligation of ownership interest in mineral or energy rights;
6. using/pooling mineral or energy rights;
7. using or pooling mineral or energy interest;

Landman does not mean practicing law. And there are certain items to be excluded from certain taxes for entities practicing and also performing land services.

SB 1001

Regulation of electric vehicle supply equipment

A commercial transaction means a sale or exchange for compensatoin of electrical energy through a digital network. Commission is the Texas Commission of Licensing and Regulation. Department is the Texas Department of Licensing and Regulation. Electric vehicle supply equipment means a device used to dispense electrical energy to an electric vehicle.

The fee shall be set by the commission to cover the cost of administering these laws. The department may contract it's duties. Electric vehicle supply equipment may be periodically inspected to ensure compliance. And there shall be established a method for consumers to file complaints.

The commission may exempt an electric vehicle supply from compliance if it is not cost-effective for the department; is not feasible with current standards; or will not substantially benefit or protect consumers. The following are automatically exempt:

1. it is installed in or adjacent to private residence for noncommercial use;
2. provided for the exclusive use of an individual or ground of individuals (for example employees, tenants, visitors, or residents of multiunit housing or office);
3. provided by a business for use at no charge

The commission may adopt rules for chargers in place before 1/1/2024 that:

1. have never had a metering system in place to measure the electricity transferred from the charging station to the vehicle;
2. is not capable of measuring the time elapsed while actively charging and calculationg a fee for the charging session

Unless exempt, each electric vehicle charging supply equipment must be registered before it is available; be inspected as per the rules set out; and be maintained as specified. Specifications and tolerances shall follow those recommended by the National Institute of Standards and Technology. This only applies to those systems for the public use; and if funded by a public grant or rebate program.

The electric vehicle supply provider shall disclose on a display the fee calculation method and the applicable surcharges. Before charging begins, the provider shall disclose the rate the user will be charged and the list of applicable surcharges. After a reasonable period following the completion of the transaction, the provider shall transmit a summary that includes the following:

1. the date and time of the transaction;
2. the physical location of the supply equipment;
3. the duration and kilowatt hours provided during the transaction;
4. an itemization of the total fees paid, including surcharges

A provider shall remove from operation and access any electric vehicle supply equipment that poses a safety risk to ensure use and access by the public and to ensure it is not listed as an available charging unit.

SB 1213

Establishment of the Mold Assessment and Remediation Advisory Board

The advisory board will be 11 members appointed by the presiding officer of the commission. They will be made up as follows:

1. 3 who are licensed and engage in mold assessments;
2. 3 who are licensed and engage in mold remediation;
3. 2 who are building contractors principally engage in home construction;
4. 1 who is a representative of the insurance industry;
5. 1 who is a representative of an accredited mold training provider; and
6. 1 who represents the public

Appointments shall be made without regard to race, color, disability, sex, religion, age, or national origin. They shall serve staggered 6 year terms. Terms of 3 or 4 members expiring on February 1 of each odd-numbered year.

The board may advise the commission and the department regarding:

1. technical matters relevant to the administration of this chapter;
2. standards or performance and work practices of mold assessment and remediation;
3. qualifications for issuance and renewal of license; and
4. other issues affecting mold assessment and remediation

I cannot believe that the industry would not already be providing input to the government on this. This sounds more like creating a board that keeps others out of the business than anything that might actually provide a consumer protection.

SB 1732

Standards for certain electric vehicle charging stations

This applies only to electric vehicle charging stations that:

1. were installed after 12/1/2024;
2. made available to the public;
3. not intended primarily for private use;
4. funded through public grants or state rebate programs

The Texas Department of Licensing and Regulation shall adopt standards for standard electric vehicle charging connector or plug type that is widely compatible with as many electric vehicles as practicable.

SB 2017

Regulation of hearing aids

Except where specifically included, this does not apply to servicing, marketing, selling, dispensing, customer support, acquiring, or distributing over-the-counter hearing aids. They are not required to be licensed and may not use the title of licensed dispenser or licensed seller. A person who is licensed may service, market, sell, dispense, customer support, or distribute over-the-counter hearing aids.

A person who holds a license as an audiologist or audiologist intern and who fits and dispenses hearing instruments must now use a written contract that contains the information prescribed by the commission rule. There was a list of items necessary to be in a contract that are now relegated to commission rule. I'm guessing this is being done so that the list can more easily be updated than it previously could be. But how often or how many changes are truly necessary. A licensed person must display at all times information about filing a complaint.

They differentiate between a hearing aid and a hearing instrument. A hearing aid is any wearable device designed to aid a person with hearing impairment. A hearing instrument means a prescription hearing aid.

 

J.B. Williams, J.D.

4,312 federal laws were passed from 1995 through December 2016.
Along with 88,819 federal rules and regulations.