S.B. No. 2065         AN ACT   relating to the licensing and regulation of certain occupations and   activities.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1.  VEHICLE PROTECTION PRODUCTS          SECTION 1.001.  Section 17.45, Business & Commerce Code, is   amended by adding Subdivisions (14), (15), and (16) to read as   follows:                (14)  "Vehicle protection product":                      (A)  means a product or system, including a   written warranty:                            (i)  that is:                                  (a)  installed on or applied to a   vehicle; and                                  (b)  designed to prevent loss of or   damage to a vehicle from a specific cause; and                            (ii)  under which, after installation or   application of the product or system described by Subparagraph (i),   if loss or damage results from the failure of the product or system   to perform as represented in the warranty, the warrantor, to the   extent agreed on as part of the warranty, is required to pay   expenses to the person in this state who purchases or otherwise   possesses the product or system for the loss of or damage to the   vehicle; and                      (B)  may also include identity recovery, as   defined by Section 1304.003, Occupations Code, if the product or   system described by Paragraph (A) is financed under Chapter 348 or   353, Finance Code.                (15)  "Warrantor" means a person named under the terms   of a vehicle protection product warranty as the contractual obligor   to a person in this state who purchases or otherwise possesses a   vehicle protection product.                (16)  "Loss of or damage to the vehicle," for purposes   of Subdivision (14)(A)(ii), may also include unreimbursed   incidental expenses that may be incurred by the warrantor,   including expenses for a replacement vehicle, temporary vehicle   rental expenses, and registration expenses for replacement   vehicles.          SECTION 1.002.  Section 17.46(b), Business & Commerce Code,   as amended by Chapters 1023 (H.B. 1265) and 1080 (H.B. 2573), Acts   of the 84th Legislature, Regular Session, 2015, is reenacted and   amended to read as follows:          (b)  Except as provided in Subsection (d) of this section,   the term "false, misleading, or deceptive acts or practices"   includes, but is not limited to, the following acts:                (1)  passing off goods or services as those of another;                (2)  causing confusion or misunderstanding as to the   source, sponsorship, approval, or certification of goods or   services;                (3)  causing confusion or misunderstanding as to   affiliation, connection, or association with, or certification by,   another;                (4)  using deceptive representations or designations   of geographic origin in connection with goods or services;                (5)  representing that goods or services have   sponsorship, approval, characteristics, ingredients, uses,   benefits, or quantities which they do not have or that a person has   a sponsorship, approval, status, affiliation, or connection which   the person does not;                (6)  representing that goods are original or new if   they are deteriorated, reconditioned, reclaimed, used, or   secondhand;                (7)  representing that goods or services are of a   particular standard, quality, or grade, or that goods are of a   particular style or model, if they are of another;                (8)  disparaging the goods, services, or business of   another by false or misleading representation of facts;                (9)  advertising goods or services with intent not to   sell them as advertised;                (10)  advertising goods or services with intent not to   supply a reasonable expectable public demand, unless the   advertisements disclosed a limitation of quantity;                (11)  making false or misleading statements of fact   concerning the reasons for, existence of, or amount of price   reductions;                (12)  representing that an agreement confers or   involves rights, remedies, or obligations which it does not have or   involve, or which are prohibited by law;                (13)  knowingly making false or misleading statements   of fact concerning the need for parts, replacement, or repair   service;                (14)  misrepresenting the authority of a salesman,   representative or agent to negotiate the final terms of a consumer   transaction;                (15)  basing a charge for the repair of any item in   whole or in part on a guaranty or warranty instead of on the value of   the actual repairs made or work to be performed on the item without   stating separately the charges for the work and the charge for the   warranty or guaranty, if any;                (16)  disconnecting, turning back, or resetting the   odometer of any motor vehicle so as to reduce the number of miles   indicated on the odometer gauge;                (17)  advertising of any sale by fraudulently   representing that a person is going out of business;                (18)  advertising, selling, or distributing a card   which purports to be a prescription drug identification card issued   under Section 4151.152, Insurance Code, in accordance with rules   adopted by the commissioner of insurance, which offers a discount   on the purchase of health care goods or services from a third party   provider, and which is not evidence of insurance coverage, unless:                      (A)  the discount is authorized under an agreement   between the seller of the card and the provider of those goods and   services or the discount or card is offered to members of the   seller;                      (B)  the seller does not represent that the card   provides insurance coverage of any kind; and                      (C)  the discount is not false, misleading, or   deceptive;                (19)  using or employing a chain referral sales plan in   connection with the sale or offer to sell of goods, merchandise, or   anything of value, which uses the sales technique, plan,   arrangement, or agreement in which the buyer or prospective buyer   is offered the opportunity to purchase merchandise or goods and in   connection with the purchase receives the seller's promise or   representation that the buyer shall have the right to receive   compensation or consideration in any form for furnishing to the   seller the names of other prospective buyers if receipt of the   compensation or consideration is contingent upon the occurrence of   an event subsequent to the time the buyer purchases the merchandise   or goods;                (20)  representing that a guaranty or warranty confers   or involves rights or remedies which it does not have or involve,   provided, however, that nothing in this subchapter shall be   construed to expand the implied warranty of merchantability as   defined in Sections 2.314 through 2.318 and Sections 2A.212 through   2A.216 to involve obligations in excess of those which are   appropriate to the goods;                (21)  promoting a pyramid promotional scheme, as   defined by Section 17.461;                (22)  representing that work or services have been   performed on, or parts replaced in, goods when the work or services   were not performed or the parts replaced;                (23)  filing suit founded upon a written contractual   obligation of and signed by the defendant to pay money arising out   of or based on a consumer transaction for goods, services, loans, or   extensions of credit intended primarily for personal, family,   household, or agricultural use in any county other than in the   county in which the defendant resides at the time of the   commencement of the action or in the county in which the defendant   in fact signed the contract; provided, however, that a violation of   this subsection shall not occur where it is shown by the person   filing such suit that the person neither knew or had reason to know   that the county in which such suit was filed was neither the county   in which the defendant resides at the commencement of the suit nor   the county in which the defendant in fact signed the contract;                (24)  failing to disclose information concerning goods   or services which was known at the time of the transaction if such   failure to disclose such information was intended to induce the   consumer into a transaction into which the consumer would not have   entered had the information been disclosed;                (25)  using the term "corporation," "incorporated," or   an abbreviation of either of those terms in the name of a business   entity that is not incorporated under the laws of this state or   another jurisdiction;                (26)  selling, offering to sell, or illegally promoting   an annuity contract under Chapter 22, Acts of the 57th Legislature,   3rd Called Session, 1962 (Article 6228a-5, Vernon's Texas Civil   Statutes), with the intent that the annuity contract will be the   subject of a salary reduction agreement, as defined by that Act, if   the annuity contract is not an eligible qualified investment under   that Act or is not registered with the Teacher Retirement System of   Texas as required by Section 8A of that Act;                (27)  taking advantage of a disaster declared by the   governor under Chapter 418, Government Code, by:                      (A)  selling or leasing fuel, food, medicine, or   another necessity at an exorbitant or excessive price; or                      (B)  demanding an exorbitant or excessive price in   connection with the sale or lease of fuel, food, medicine, or   another necessity;                (28)  using the translation into a foreign language of   a title or other word, including "attorney," "lawyer," "licensed,"   "notary," and "notary public," in any written or electronic   material, including an advertisement, a business card, a   letterhead, stationery, a website, or an online video, in reference   to a person who is not an attorney in order to imply that the person   is authorized to practice law in the United States;                (29) [(28)]  delivering or distributing a solicitation   in connection with a good or service that:                      (A)  represents that the solicitation is sent on   behalf of a governmental entity when it is not; or                      (B)  resembles a governmental notice or form that   represents or implies that a criminal penalty may be imposed if the   recipient does not remit payment for the good or service;                (30) [(29)]  delivering or distributing a solicitation   in connection with a good or service that resembles a check or other   negotiable instrument or invoice, unless the portion of the   solicitation that resembles a check or other negotiable instrument   or invoice includes the following notice, clearly and conspicuously   printed in at least 18-point type:          "SPECIMEN-NON-NEGOTIABLE";                (31) [(30)]  in the production, sale, distribution, or   promotion of a synthetic substance that produces and is intended to   produce an effect when consumed or ingested similar to, or in excess   of, the effect of a controlled substance or controlled substance   analogue, as those terms are defined by Section 481.002, Health and   Safety Code:                      (A)  making a deceptive representation or   designation about the synthetic substance; or                      (B)  causing confusion or misunderstanding as to   the effects the synthetic substance causes when consumed or   ingested; [or]                (32) [(31)]  a licensed public insurance adjuster   directly or indirectly soliciting employment, as defined by Section   38.01, Penal Code, for an attorney, or a licensed public insurance   adjuster entering into a contract with an insured for the primary   purpose of referring the insured to an attorney without the intent   to actually perform the services customarily provided by a licensed   public insurance adjuster, provided that this subdivision may not   be construed to prohibit a licensed public insurance adjuster from   recommending a particular attorney to an insured; or                (33)  a warrantor of a vehicle protection product   warranty using, in connection with the product, a name that   includes "casualty," "surety," "insurance," "mutual," or any other   word descriptive of an insurance business, including property or   casualty insurance, or a surety business.          SECTION 1.003.  Subchapter A, Chapter 348, Finance Code, is   amended by adding Section 348.014 to read as follows:          Sec. 348.014.  TRANSACTION CONDITIONED ON PURCHASE OF   VEHICLE PROTECTION PRODUCT PROHIBITED. (a)  In this section,   "vehicle protection product" has the meaning assigned by Section   17.45, Business & Commerce Code.          (b)  A retail seller may not require as a condition of a   retail installment transaction or the cash sale of a motor vehicle   that the buyer purchase a vehicle protection product that is not   installed on the vehicle at the time of the transaction.          (c)  A violation of this section is a false, misleading, or   deceptive act or practice within the meaning of Section 17.46,   Business & Commerce Code, and is actionable in a public or private   suit brought under Subchapter E, Chapter 17, Business & Commerce   Code.          SECTION 1.004.  Subchapter A, Chapter 353, Finance Code, is   amended by adding Section 353.017 to read as follows:          Sec. 353.017.  TRANSACTION CONDITIONED ON PURCHASE OF   VEHICLE PROTECTION PRODUCT PROHIBITED. (a)  In this section,   "vehicle protection product" has the meaning assigned by Section   17.45, Business & Commerce Code.          (b)  A retail seller may not require as a condition of a   retail installment transaction or the cash sale of a commercial   vehicle that the buyer purchase a vehicle protection product that   is not installed on the vehicle at the time of the transaction.          (c)  A violation of this section is a false, misleading, or   deceptive act or practice within the meaning of Section 17.46,   Business & Commerce Code, and is actionable in a public or private   suit brought under Subchapter E, Chapter 17, Business & Commerce   Code.          SECTION 1.005.  Chapter 2306, Occupations Code, is repealed.          SECTION 1.006.  (a)  On the effective date of this Act:                (1)  an action, including a disciplinary or   administrative proceeding, pending under Chapter 51 or 2306,   Occupations Code, on the effective date of this Act related to an   alleged violation of Chapter 2306, Occupations Code, as that   chapter existed immediately before the effective date of this Act,   is dismissed;                (2)  the Vehicle Protection Product Warrantor Advisory   Board is abolished; and                (3)  a registration issued under former Chapter 2306,   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 vehicle protection product   warrantors adopted under former Chapter 2306, Occupations Code.          (c)  An administrative penalty assessed by the Texas   Commission of Licensing and Regulation or the executive director of   the Texas Department of Licensing and Regulation related to a   violation of Chapter 2306, Occupations Code, as that chapter   existed immediately before the effective date of this Act, may be   collected as provided by Chapter 51, Occupations Code.          (d)  The repeal by this Act of Chapter 2306, Occupations   Code, does not affect the validity or terms of a vehicle protection   product warranty that was issued or renewed before the effective   date of this Act.          SECTION 1.007.  Section 17.46(b), Business & Commerce Code,   as amended by this Act, applies only to a cause of action that   accrues on or after the effective date of this Act. A cause of   action that accrued before the effective date of this Act is   governed by the law in effect immediately before the effective date   of this Act, and that law is continued in effect for that purpose.          SECTION 1.008.  Sections 348.014 and 353.017, Finance Code,   as added by this Act, apply only to a transaction for the purchase   of a motor vehicle or commercial vehicle, as applicable, that   occurs on or after the effective date of this Act. A transaction   for the purchase of a motor vehicle or commercial vehicle that   occurs before the effective date of this Act is governed by the law   in effect on the date the transaction occurred, and the former law   is continued in effect for that purpose.   ARTICLE 2.  NOTARIES PUBLIC          SECTION 2.001.  Section 17.46(b), Business & Commerce Code,   as amended by Chapters 1023 (H.B. 1265) and 1080 (H.B. 2573), Acts   of the 84th Legislature, Regular Session, 2015, is reenacted and   amended to read as follows:          (b)  Except as provided in Subsection (d) of this section,   the term "false, misleading, or deceptive acts or practices"   includes, but is not limited to, the following acts:                (1)  passing off goods or services as those of another;                (2)  causing confusion or misunderstanding as to the   source, sponsorship, approval, or certification of goods or   services;                (3)  causing confusion or misunderstanding as to   affiliation, connection, or association with, or certification by,   another;                (4)  using deceptive representations or designations   of geographic origin in connection with goods or services;                (5)  representing that goods or services have   sponsorship, approval, characteristics, ingredients, uses,   benefits, or quantities which they do not have or that a person has   a sponsorship, approval, status, affiliation, or connection which   the person does not;                (6)  representing that goods are original or new if   they are deteriorated, reconditioned, reclaimed, used, or   secondhand;                (7)  representing that goods or services are of a   particular standard, quality, or grade, or that goods are of a   particular style or model, if they are of another;                (8)  disparaging the goods, services, or business of   another by false or misleading representation of facts;                (9)  advertising goods or services with intent not to   sell them as advertised;                (10)  advertising goods or services with intent not to   supply a reasonable expectable public demand, unless the   advertisements disclosed a limitation of quantity;                (11)  making false or misleading statements of fact   concerning the reasons for, existence of, or amount of price   reductions;                (12)  representing that an agreement confers or   involves rights, remedies, or obligations which it does not have or   involve, or which are prohibited by law;                (13)  knowingly making false or misleading statements   of fact concerning the need for parts, replacement, or repair   service;                (14)  misrepresenting the authority of a salesman,   representative or agent to negotiate the final terms of a consumer   transaction;                (15)  basing a charge for the repair of any item in   whole or in part on a guaranty or warranty instead of on the value of   the actual repairs made or work to be performed on the item without   stating separately the charges for the work and the charge for the   warranty or guaranty, if any;                (16)  disconnecting, turning back, or resetting the   odometer of any motor vehicle so as to reduce the number of miles   indicated on the odometer gauge;                (17)  advertising of any sale by fraudulently   representing that a person is going out of business;                (18)  advertising, selling, or distributing a card   which purports to be a prescription drug identification card issued   under Section 4151.152, Insurance Code, in accordance with rules   adopted by the commissioner of insurance, which offers a discount   on the purchase of health care goods or services from a third party   provider, and which is not evidence of insurance coverage, unless:                      (A)  the discount is authorized under an agreement   between the seller of the card and the provider of those goods and   services or the discount or card is offered to members of the   seller;                      (B)  the seller does not represent that the card   provides insurance coverage of any kind; and                      (C)  the discount is not false, misleading, or   deceptive;                (19)  using or employing a chain referral sales plan in   connection with the sale or offer to sell of goods, merchandise, or   anything of value, which uses the sales technique, plan,   arrangement, or agreement in which the buyer or prospective buyer   is offered the opportunity to purchase merchandise or goods and in   connection with the purchase receives the seller's promise or   representation that the buyer shall have the right to receive   compensation or consideration in any form for furnishing to the   seller the names of other prospective buyers if receipt of the   compensation or consideration is contingent upon the occurrence of   an event subsequent to the time the buyer purchases the merchandise   or goods;                (20)  representing that a guaranty or warranty confers   or involves rights or remedies which it does not have or involve,   provided, however, that nothing in this subchapter shall be   construed to expand the implied warranty of merchantability as   defined in Sections 2.314 through 2.318 and Sections 2A.212 through   2A.216 to involve obligations in excess of those which are   appropriate to the goods;                (21)  promoting a pyramid promotional scheme, as   defined by Section 17.461;                (22)  representing that work or services have been   performed on, or parts replaced in, goods when the work or services   were not performed or the parts replaced;                (23)  filing suit founded upon a written contractual   obligation of and signed by the defendant to pay money arising out   of or based on a consumer transaction for goods, services, loans, or   extensions of credit intended primarily for personal, family,   household, or agricultural use in any county other than in the   county in which the defendant resides at the time of the   commencement of the action or in the county in which the defendant   in fact signed the contract; provided, however, that a violation of   this subsection shall not occur where it is shown by the person   filing such suit that the person neither knew or had reason to know   that the county in which such suit was filed was neither the county   in which the defendant resides at the commencement of the suit nor   the county in which the defendant in fact signed the contract;                (24)  failing to disclose information concerning goods   or services which was known at the time of the transaction if such   failure to disclose such information was intended to induce the   consumer into a transaction into which the consumer would not have   entered had the information been disclosed;                (25)  using the term "corporation," "incorporated," or   an abbreviation of either of those terms in the name of a business   entity that is not incorporated under the laws of this state or   another jurisdiction;                (26)  selling, offering to sell, or illegally promoting   an annuity contract under Chapter 22, Acts of the 57th Legislature,   3rd Called Session, 1962 (Article 6228a-5, Vernon's Texas Civil   Statutes), with the intent that the annuity contract will be the   subject of a salary reduction agreement, as defined by that Act, if   the annuity contract is not an eligible qualified investment under   that Act or is not registered with the Teacher Retirement System of   Texas as required by Section 8A of that Act;                (27)  taking advantage of a disaster declared by the   governor under Chapter 418, Government Code, by:                      (A)  selling or leasing fuel, food, medicine, or   another necessity at an exorbitant or excessive price; or                      (B)  demanding an exorbitant or excessive price in   connection with the sale or lease of fuel, food, medicine, or   another necessity;                (28)  using the translation into a foreign language of   a title or other word, including "attorney," "immigration   consultant," "immigration expert," "lawyer," "licensed," "notary,"   and "notary public," in any written or electronic material,   including an advertisement, a business card, a letterhead,   stationery, a website, or an online video, in reference to a person   who is not an attorney in order to imply that the person is   authorized to practice law in the United States;                (29) [(28)]  delivering or distributing a solicitation   in connection with a good or service that:                      (A)  represents that the solicitation is sent on   behalf of a governmental entity when it is not; or                      (B)  resembles a governmental notice or form that   represents or implies that a criminal penalty may be imposed if the   recipient does not remit payment for the good or service;                (30) [(29)]  delivering or distributing a solicitation   in connection with a good or service that resembles a check or other   negotiable instrument or invoice, unless the portion of the   solicitation that resembles a check or other negotiable instrument   or invoice includes the following notice, clearly and conspicuously   printed in at least 18-point type:          "SPECIMEN-NON-NEGOTIABLE";                (31) [(30)]  in the production, sale, distribution, or   promotion of a synthetic substance that produces and is intended to   produce an effect when consumed or ingested similar to, or in excess   of, the effect of a controlled substance or controlled substance   analogue, as those terms are defined by Section 481.002, Health and   Safety Code:                      (A)  making a deceptive representation or   designation about the synthetic substance; or                      (B)  causing confusion or misunderstanding as to   the effects the synthetic substance causes when consumed or   ingested; or                (32) [(31)]  a licensed public insurance adjuster   directly or indirectly soliciting employment, as defined by Section   38.01, Penal Code, for an attorney, or a licensed public insurance   adjuster entering into a contract with an insured for the primary   purpose of referring the insured to an attorney without the intent   to actually perform the services customarily provided by a licensed   public insurance adjuster, provided that this subdivision may not   be construed to prohibit a licensed public insurance adjuster from   recommending a particular attorney to an insured.          SECTION 2.002.  Section 406.017, Government Code, is amended   by amending Subsection (a) and adding Subsection (a-1) to read as   follows:          (a)  A person commits an offense if the person is a notary   public and the person:                (1)  states or implies that the person is an attorney   licensed to practice law in this state;                (2)  solicits or accepts compensation to prepare   documents for or otherwise represent the interest of another in a   judicial or administrative proceeding, including a proceeding   relating to immigration or admission to the United States, United   States citizenship, or related matters;                (3)  solicits or accepts compensation to obtain relief   of any kind on behalf of another from any officer, agency, or   employee of this state or the United States;                (4)  uses the phrase "notario" or "notario publico" to   advertise the services of a notary public, whether by signs,   pamphlets, stationery, or other written communication or by radio   or television; or                (5)  advertises the services of a notary public in a   language other than English, whether by signs, pamphlets,   stationery, or other written communication or by radio or   television, if the person does not post or otherwise include with   the advertisement a notice that complies with Subsection (b).          (a-1)  A person does not violate this section by offering or   providing language translation or typing services and accepting   compensation.           SECTION 2.003.  The change in law made by this article to   Section 17.46(b), Business & Commerce Code, applies only to a cause   of action that accrues on or after the effective date of this Act. A   cause of action that accrued before the effective date of this Act   is governed by the law in effect immediately before the effective   date of this Act, and that law is continued in effect for that   purpose.          SECTION 2.004.  The change in law made by this article to   Section 406.017, Government Code, 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 when 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.   ARTICLE 3.  REPORT ON OCCUPATIONAL LICENSING BY COMPTROLLER          SECTION 3.001.  Subchapter B, Chapter 403, Government Code,   is amended by adding Section 403.03058 to read as follows:          Sec. 403.03058.  REPORT ON OCCUPATIONAL LICENSING. (a)  Not   later than December 31 of each even-numbered year, the comptroller   shall prepare and submit to the legislature a report regarding all   occupational licenses, including permits, certifications, and   registrations, required by this state. The report must include:                (1)  for each type of license:                      (A)  a description of the license;                      (B)  the department with regulatory authority for   the license;                      (C)  the number of active licenses;                       (D)  the cost of an initial application for the   license and for a renewal of the license; and                      (E)  the amount of state revenue generated from   the issuance and renewal of the license; and                (2)  a list of all statutory provisions requiring a   license that were abolished during the previous legislative   session.          (b)  The comptroller shall post on its Internet website the   report prepared under Subsection (a).          SECTION 3.002.  Not later than December 31, 2018, the   comptroller of public accounts shall provide the initial report to   the legislature as required by Section 403.03058, Government Code,   as added by this article.   ARTICLE 4.  CERTIFICATE OF AUTHORITY; OVER-THE-COUNTER SALE OF   EPHEDRINE, PSEUDOEPHEDRINE, AND NORPSEUDOEPHEDRINE BY   ESTABLISHMENTS OTHER THAN PHARMACIES          SECTION 4.001.  Sections 486.004(a) and (b), Health and   Safety Code, are amended to read as follows:          (a)  The department shall collect fees for[:                [(1)     the issuance of a certificate of authority under   this chapter; and                [(2)]  an inspection performed in enforcing this   chapter and rules adopted under this chapter.          (b)  The executive commissioner by rule shall set the fees in   amounts that allow the department to recover the biennial   expenditures of state funds by the department in[:                [(1)     reviewing applications for the issuance of a   certificate of authority under this chapter;                [(2)     issuing certificates of authority under this   chapter;                [(3)     inspecting and auditing a business establishment   that is issued a certificate of authority under this chapter; and                [(4)  otherwise] implementing and enforcing this   chapter.          SECTION 4.002.  Section 486.0142(b), Health and Safety Code,   is amended to read as follows:          (b)  On application by a business establishment that engages   in over-the-counter sales of products containing ephedrine,   pseudoephedrine, or norpseudoephedrine [in accordance with a   certificate of authority issued under Section 486.012], the   department may grant that business establishment a temporary   exemption, not to exceed 180 days, from the requirement of using a   real-time electronic logging system under this chapter.          SECTION 4.003.  Section 486.012, Health and Safety Code, is   repealed.   ARTICLE 5.  TITLE ATTORNEY LICENSE; ATTORNEY'S TITLE INSURANCE   COMPANY          SECTION 5.001.  Section 35.001(2), Insurance Code, is   amended to read as follows:                (2)  "Regulated entity" means each insurer,   organization, person, or program regulated by the department,   including:                      (A)  a domestic or foreign, stock or mutual, life,   health, or accident insurance company;                      (B)  a domestic or foreign, stock or mutual, fire   or casualty insurance company;                      (C)  a Mexican casualty company;                      (D)  a domestic or foreign Lloyd's plan;                      (E)  a domestic or foreign reciprocal or   interinsurance exchange;                      (F)  a domestic or foreign fraternal benefit   society;                      (G)  a domestic or foreign title insurance   company;                      (H)  [an attorney's title insurance company;                      [(I)]  a stipulated premium company;                      (I) [(J)]  a nonprofit legal service corporation;                      (J) [(K)]  a health maintenance organization;                      (K) [(L)]  a statewide mutual assessment company;                      (L) [(M)]  a local mutual aid association;                      (M) [(N)]  a local mutual burial association;                      (N) [(O)]  an association exempt under Section   887.102;                      (O) [(P)]  a nonprofit hospital, medical, or   dental service corporation, including a company subject to Chapter   842;                      (P) [(Q)]  a county mutual insurance company;                      (Q) [(R)]  a farm mutual insurance company; and                      (R) [(S)]  an agency or agent of an insurer,   organization, person, or program described by this subdivision.          SECTION 5.002.  Section 82.002(a), Insurance Code, is   amended to read as follows:          (a)  This chapter applies to each company regulated by the   commissioner, including:                (1)  a domestic or foreign, stock or mutual, life,   health, or accident insurance company;                (2)  a domestic or foreign, stock or mutual, fire or   casualty insurance company;                (3)  a Mexican casualty company;                (4)  a domestic or foreign Lloyd's plan insurer;                (5)  a domestic or foreign reciprocal or interinsurance   exchange;                (6)  a domestic or foreign fraternal benefit society;                (7)  a domestic or foreign title insurance company;                (8)  [an attorney's title insurance company;                [(9)]  a stipulated premium insurance company;                (9) [(10)]  a nonprofit legal service corporation;                (10) [(11)]  a health maintenance organization;                (11) [(12)]  a statewide mutual assessment company;                (12) [(13)]  a local mutual aid association;                (13) [(14)]  a local mutual burial association;                (14) [(15)]  an association exempt under Section   887.102;                (15) [(16)]  a nonprofit hospital, medical, or dental   service corporation, including a company subject to Chapter 842;                (16) [(17)]  a county mutual insurance company; and                (17) [(18)]  a farm mutual insurance company.          SECTION 5.003.  Section 83.002(a), Insurance Code, is   amended to read as follows:          (a)  This chapter applies to each company regulated by the   commissioner, including:                (1)  a domestic or foreign, stock or mutual, life,   health, or accident insurance company;                (2)  a domestic or foreign, stock or mutual, fire or   casualty insurance company;                (3)  a Mexican casualty company;                (4)  a domestic or foreign Lloyd's plan insurer;                (5)  a domestic or foreign reciprocal or interinsurance   exchange;                (6)  a domestic or foreign fraternal benefit society;                (7)  a domestic or foreign title insurance company;                (8)  [an attorney's title insurance company;                [(9)]  a stipulated premium insurance company;                (9) [(10)]  a nonprofit legal service corporation;                (10) [(11)]  a statewide mutual assessment company;                (11) [(12)]  a local mutual aid association;                (12) [(13)]  a local mutual burial association;                (13) [(14)]  an association exempt under Section   887.102;                (14) [(15)]  a nonprofit hospital, medical, or dental   service corporation, including a company subject to Chapter 842;                (15) [(16)]  a county mutual insurance company; and                (16) [(17)]  a farm mutual insurance company.          SECTION 5.004.  Section 554.001, Insurance Code, is amended   to read as follows:          Sec. 554.001.  APPLICABILITY OF CHAPTER. This chapter   applies to each insurer or health maintenance organization engaged   in the business of insurance or the business of a health maintenance   organization in this state, regardless of form and however   organized, including:                (1)  a stock life, health, or accident insurance   company;                (2)  a mutual life, health, or accident insurance   company;                (3)  a stock fire or casualty insurance company;                (4)  a mutual fire or casualty insurance company;                (5)  a Mexican casualty insurance company;                (6)  a Lloyd's plan;                (7)  a reciprocal or interinsurance exchange;                (8)  a fraternal benefit society;                (9)  a title insurance company;                (10)  [an attorney's title insurance company;                [(11)]  a stipulated premium company;                (11) [(12)]  a nonprofit legal services corporation;                (12) [(13)]  a statewide mutual assessment company;                (13) [(14)]  a local mutual aid association;                (14) [(15)]  a local mutual burial association;                (15) [(16)]  an association exempt under Section   887.102;                (16) [(17)]  a nonprofit hospital, medical, or dental   service corporation, including a corporation subject to Chapter   842;                (17) [(18)]  a county mutual insurance company;                (18) [(19)]  a farm mutual insurance company; and                (19) [(20)]  an insurer or health maintenance   organization engaged in the business of insurance or the business   of a health maintenance organization in this state that does not   hold a certificate of authority issued by the department or is not   otherwise authorized to engage in business in this state.          SECTION 5.005.  Section 703.001, Insurance Code, is amended   to read as follows:          Sec. 703.001.  DEFINITION. In this chapter, "covered   entity" means a health maintenance organization or insurer   regulated by the department, including:                (1)  a stock life, health, or accident insurance   company;                (2)  a mutual life, health, or accident insurance   company;                (3)  a stock fire or casualty insurance company;                (4)  a mutual fire or casualty insurance company;                (5)  a Mexican casualty insurance company;                (6)  a Lloyd's plan;                (7)  a reciprocal or interinsurance exchange;                (8)  a fraternal benefit society;                (9)  a title insurance company;                (10)  [an attorney's title insurance company;                [(11)]  a stipulated premium company;                (11) [(12)]  a nonprofit legal services corporation;                (12) [(13)]  a statewide mutual assessment company;                (13) [(14)]  a local mutual aid association;                (14) [(15)]  a local mutual burial association;                (15) [(16)]  an association exempt under Section   887.102;                (16) [(17)]  a nonprofit hospital, medical, or dental   service corporation, including a corporation subject to Chapter   842;                (17) [(18)]  a county mutual insurance company; and                (18) [(19)]  a farm mutual insurance company.          SECTION 5.006.  Section 802.051, Insurance Code, is amended   to read as follows:          Sec. 802.051.  APPLICABILITY OF SUBCHAPTER. This subchapter   applies to each company regulated by the commissioner, including:                (1)  a stock life, health, or accident insurance   company;                (2)  a mutual life, health, or accident insurance   company;                (3)  a stock fire or casualty insurance company;                (4)  a mutual fire or casualty insurance company;                (5)  a Mexican casualty company;                (6)  a Lloyd's plan;                (7)  a reciprocal or interinsurance exchange;                (8)  a fraternal benefit society;                (9)  a title insurance company;                (10)  [an attorney's title insurance company;                [(11)]  a stipulated premium insurance company;                (11) [(12)]  a nonprofit legal service corporation;                (12) [(13)]  a health maintenance organization;                (13) [(14)]  a statewide mutual assessment company;                (14) [(15)]  a local mutual aid association;                (15) [(16)]  a local mutual burial association;                (16) [(17)]  an association exempt under Section   887.102;                (17) [(18)]  a nonprofit hospital, medical, or dental   service corporation, including a company subject to Chapter 842;                (18) [(19)]  a county mutual insurance company; and                (19) [(20)]  a farm mutual insurance company.          SECTION 5.007.  Section 2551.053(a), Insurance Code, is   amended to read as follows:          (a)  A [Except as provided by Section 2552.053(b), a] title   insurance company must have a paid-up capital of at least $1 million   and a surplus of at least $1 million.          SECTION 5.008.  Section 2602.003(2), Insurance Code, is   amended to read as follows:                (2)  "Agent" includes:                      (A)  a title insurance agent, as defined by   Section 2501.003; and                      (B)  [a title attorney, as defined by Section   2552.002; and                      [(C)]  a direct operation or a title insurance   company's wholly owned subsidiary or affiliate that performs the   services usually and customarily performed by a title insurance   agent.          SECTION 5.009.  Chapter 2552, Insurance Code, is repealed.          SECTION 5.010.  The changes in law made by this article do   not affect the right of any individual licensed before the   effective date of this Act to engage in the applicable occupation   for the remainder of the term for which the license was issued.   ARTICLE 6.  EMERGENCY MANAGING GENERAL AGENT LICENSE          SECTION 6.001.  Section 4053.052, Insurance Code, is   repealed.          SECTION 6.002.  The changes in law made by this article do   not affect the right of any individual licensed before the   effective date of this Act to engage in the applicable occupation   for the remainder of the term for which the license was issued.   ARTICLE 7.  TEMPORARY COMMON WORKER EMPLOYERS          SECTION 7.001.  Section 92.001(a), Labor Code, is amended to   read as follows:          (a)  The legislature finds that this chapter is necessary to:                (1)  provide for the health, safety, and welfare of   common workers throughout this state; and                (2)  establish uniform standards of conduct and   practice for temporary common worker [certain] employers in this   state.          SECTION 7.002.  Section 92.002, Labor Code, is amended by   amending Subdivision (6) and adding Subdivision (6-a) to read as   follows:                (6)  "Labor hall" means a central location maintained   by a temporary common worker employer [license holder] where common   workers assemble and are dispatched to work for a user of common   workers.                (6-a) "Municipality" has the meaning assigned by   Section 1.005, Local Government Code.          SECTION 7.003.  The heading to Subchapter B, Chapter 92,   Labor Code, is amended to read as follows:   SUBCHAPTER B.  AUTHORITY TO OPERATE [LICENSE REQUIREMENTS]          SECTION 7.004.  Subchapter B, Chapter 92, Labor Code, is   amended by adding Section 92.0115 to read as follows:          Sec. 92.0115.  AUTHORITY TO OPERATE. Subject to Section   92.013 and unless prohibited by a governmental subdivision, a   person may operate as a temporary common worker employer in this   state if the person meets the requirements of this chapter.          SECTION 7.005.  The heading to Section 92.012, Labor Code,   is amended to read as follows:          Sec. 92.012.  EXEMPTIONS [FROM LICENSING REQUIREMENT].          SECTION 7.006.  Section 92.013(b), Labor Code, is amended to   read as follows:          (b)  A municipality with a population greater than one   million may establish municipal [licensing] requirements that   impose stricter standards of conduct and practice than those   imposed under Subchapter C.          SECTION 7.007.  The heading to Subchapter C, Chapter 92,   Labor Code, is amended to read as follows:   SUBCHAPTER C.  STANDARDS OF CONDUCT AND PRACTICE [POWERS AND DUTIES   OF LICENSE HOLDER]          SECTION 7.008.  Section 92.021, Labor Code, is amended to   read as follows:          Sec. 92.021.  POWERS AND DUTIES OF [LICENSE HOLDER AS]   EMPLOYER.  (a)  Each temporary common worker employer [license   holder] is the employer of the common workers provided by that   temporary common worker employer [license holder].          (b)  A temporary common worker employer [license holder] may   hire, reassign, control, direct, and discharge the employees of the   temporary common worker employer [license holder].          SECTION 7.009.  Section 92.022, Labor Code, is amended to   read as follows:          Sec. 92.022.  REQUIRED RECORDS; CONFIDENTIALITY.  (a)  Each   temporary common worker employer [license holder] shall maintain   and make available to a governmental subdivision [representative of   the department] records that show for each common worker provided   by the temporary common worker employer [license holder] to a user   of common workers:                (1)  the name and address of the worker;                (2)  the hours worked;                (3)  the places at which the work was performed;                (4)  the wages paid to the worker; and                (5)  any deductions made from those wages.          (b)  The temporary common worker employer [license holder]   shall maintain the records at least until the second anniversary of   the date on which the worker was last employed by the temporary   common worker employer [license holder].          (c)  Information received by the governmental subdivision   [commission or department] under this section is privileged and   confidential and is for the exclusive use of the governmental   subdivision [commission or department]. The information may not be   disclosed to any other person except on the entry of a court order   requiring disclosure or on the written consent of a person under   investigation who is the subject of the records.          SECTION 7.010.  Section 92.023(b), Labor Code, is amended to   read as follows:          (b)  Each temporary common worker employer [license holder]   shall [also] post in a conspicuous place in the [licensed] premises   on which the temporary common worker employer operates a notice of   any charge permitted under this chapter that the temporary common   worker employer [license holder] may assess against a common worker   for equipment, tools, transportation, or other work-related   services.          SECTION 7.011.  Section 92.024, Labor Code, is amended to   read as follows:          Sec. 92.024.  LABOR HALL REQUIREMENTS. A temporary common   worker employer [license holder] that operates a labor hall as part   of a [licensed] premises on which the temporary common worker   employer operates shall provide adequate facilities for a worker   waiting for a job assignment. The facilities must include:                (1)  restroom facilities for both men and women;                (2)  drinking water;                (3)  sufficient seating; and                (4)  access to vending refreshments and food.          SECTION 7.012.  Section 92.025, Labor Code, is amended to   read as follows:          Sec. 92.025.  CERTAIN CHARGES AND DEDUCTIONS PROHIBITED.   (a)  A temporary common worker employer [license holder] may not   charge a common worker for:                (1)  safety equipment, clothing, or accessories   required by the nature of the work, either by law, custom, or the   requirements of the user of common workers;                (2)  uniforms, special clothing, or other items   required as a condition of employment by the user of common workers;                (3)  the cashing of a check or voucher; or                (4)  the receipt by the worker of earned wages.          (b)  A temporary common worker employer [license holder] may   not deduct or withhold any amount from the earned wages of a common   worker except:                (1)  a deduction required by federal or state law; or                (2)  a reimbursement for a cash advance made to the   worker during the same pay period.          SECTION 7.013.  Chapter 92, Labor Code, is amended by adding   Subchapter D to read as follows:   SUBCHAPTER D.  ENFORCEMENT          Sec. 92.031.  ENFORCEMENT. A governmental subdivision may   enforce this chapter within the boundaries of the governmental   subdivision.          SECTION 7.014.  The following provisions of the Labor Code   are repealed:                (1)  Sections 92.002(1), (4), and (4-a);                (2)  Section 92.003;                (3)  Section 92.004;                (4)  Section 92.011;                (5)  Section 92.013(a);                (6)  Section 92.014;                (7)  Section 92.015; and                (8)  Section 92.023(a).          SECTION 7.015.  (a)  An administrative proceeding pending   under Chapter 51, Occupations Code, or Chapter 92, Labor Code, on   the effective date of this Act related to a violation of Chapter 92,   Labor Code, as that chapter existed immediately before the   effective date of this Act, is dismissed.          (b)  An administrative penalty assessed by the Texas   Commission of Licensing and Regulation or the executive director of   the Texas Department of Licensing and Regulation related to a   violation of Chapter 92, Labor Code, as that chapter existed   immediately before the effective date of this Act, may be collected   as provided by Chapter 51, Occupations Code.          (c)  The changes in law made by this Act do not affect the   pending prosecution of an offense under Chapter 92, Labor Code, as   that chapter existed immediately before 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 subsection, an offense was committed before the   effective date of this Act if any element of the offense was   committed before that date.   ARTICLE 8.  FOR-PROFIT LEGAL SERVICE CONTRACT COMPANIES          SECTION 8.001.  Section 953.001(1), Occupations Code, is   amended to read as follows:                (1)  "Administrator" means the person responsible for   the administration of a legal service contract. [The term includes   a person responsible for any filing required by this chapter.]          SECTION 8.002.  Section 953.156, Occupations Code, is   amended to read as follows:          Sec. 953.156.  FORM OF LEGAL SERVICE CONTRACT AND REQUIRED   DISCLOSURES. [(a)     A legal service contract must be filed with the   executive director before it is marketed, sold, offered for sale,   administered, or issued in this state. Any subsequent endorsement   or attachment to the contract must also be filed with the executive   director before the endorsement or attachment is delivered to legal   service contract holders.          [(b)]  A legal service contract marketed, sold, offered for   sale, administered, or issued in this state must:                (1)  be written, printed, or typed in clear,   understandable language that is easy to read;                (2)  include the name and full address of the company;                (3)  include the purchase price of the contract and the   terms under which the contract is sold;                (4)  include the terms and restrictions governing   cancellation of the contract by the company or the legal service   contract holder;                (5)  identify:                      (A)  any administrator, if the administrator is   not the company;                      (B)  the sales representative; and                      (C)  the name of the legal service contract   holder;                (6)  include the amount of any deductible or copayment;                (7)  specify the legal services and other benefits to   be provided under the contract, and any limitation, exception, or   exclusion;                (8)  specify the legal services, if any, for which the   company will provide reimbursement and the amount of that   reimbursement;                (9)  specify any restriction governing the   transferability of the contract or the assignment of benefits;                (10)  include the duties of the legal service contract   holder;                (11)  [include the contact information for the   department, including the department's toll-free number and   electronic mail address, as well as a statement that the department   regulates the company and the company's sales representatives;                [(12)]  explain the method to be used in resolving the   legal service contract holder's complaints and grievances;                (12) [(13)]  explain how legal services may be obtained   under the legal service contract;                (13) [(14)]  include a provision stating that no change   in the contract is valid until the change has been approved by an   executive officer of the company and unless the approval is   endorsed or attached to the contract;                (14) [(15)]  include any eligibility and effective   date requirements, including a definition of eligible dependents   and the effective date of their coverage;                (15) [(16)]  include the conditions under which   coverage will terminate;                (16) [(17)]  explain any subrogation arrangements;                (17) [(18)]  contain a payment provision that provides   for a grace period of at least 31 days; and                (18) [(19)]  include conditions under which contract   rates may be modified[; and                [(20)     include any other items required by the   executive director as determined by rule].          SECTION 8.003.  Section 953.162, Occupations Code, is   amended to read as follows:          Sec. 953.162.  APPOINTMENT AND RESPONSIBILITIES OF   ADMINISTRATOR. [(a)]  A company may appoint an administrator or   designate a person to be responsible for:                (1)  all or any part of the administration or sale of   legal service contracts; and                (2)  compliance with this chapter.          [(b)     The executive director may adopt rules regarding the   registration of an administrator with the department.]          SECTION 8.004.  Chapter 953, Occupations Code, is amended by   adding Subchapter F to read as follows:   SUBCHAPTER F. ENFORCEMENT          Sec. 953.251.  DECEPTIVE TRADE PRACTICE. A violation of   this chapter is a deceptive trade practice actionable under   Subchapter E, Chapter 17, Business & Commerce Code.          SECTION 8.005.  The following provisions of the Occupations   Code are repealed:                (1)  Sections 953.001(4), (5), and (6);                (2)  Sections 953.004, 953.005, and 953.155; and                (3)  Subchapters B, C, and E, Chapter 953.          SECTION 8.006.  (a)  On the effective date of this article,   a registration issued under former Subchapter B, Chapter 953,   Occupations Code, expires.          (b)  On the effective date of this article, a pending   proceeding under Chapter 953, Occupations Code, including a   complaint investigation, disciplinary action, or administrative   penalty proceeding, relating to a registration issued under former   Subchapter B, Chapter 953, Occupations Code, or relating to another   former provision of Chapter 953, Occupations Code, that is repealed   by this article, is dismissed.          SECTION 8.007.  This article takes effect September 1, 2019.   ARTICLE 9.  PLUMBING          SECTION 9.001.  Section 1301.704, Occupations Code, is   amended by adding Subsections (c) and (d) to read as follows:          (c)  Failure to request a hearing or accept the determination   and recommended penalty within the time provided by this section   waives the right to a hearing under this chapter.          (d)  If the board determines without a hearing that the   person committed a violation and a penalty is to be imposed, the   board shall:                (1)  provide written notice to the person of the board's   findings; and                (2)  enter an order requiring the person to pay the   recommended penalty.          SECTION 9.002.  Section 1301.705(a), Occupations Code, is   amended to read as follows:          (a)  If the person requests a hearing [or fails to respond in   a timely manner to the notice], the enforcement committee shall set   a hearing and give written notice of the hearing to the person. An   administrative law judge of the State Office of Administrative   Hearings shall hold the hearing.          SECTION 9.003.  The change in law made by this article to   Section 1301.704, Occupations Code, applies only to imposition of   an administrative penalty against a person who receives notice   under Section 1301.703(b), Occupations Code, on or after the   effective date of this Act. An administrative penalty for which   notice under that section is received before the effective date of   this Act is governed by the law in effect on the date the notice was   received, and the former law is continued in effect for that   purpose.   ARTICLE 10.  BARBERING AND COSMETOLOGY          SECTION 10.001.  Section 1601.002, Occupations Code, is   amended to read as follows:          Sec. 1601.002.  DEFINITION OF BARBERING. In this chapter,   "barbering," "practicing barbering," or the "practice of   barbering" means:                (1)  performing or offering or attempting to perform   for compensation or the promise of compensation any of the   following services:                      (A)  treating a person's mustache or beard by   arranging, beautifying, coloring, processing, shaving, styling, or   trimming;                      (B)  treating a person's hair by:                            (i)  arranging, beautifying, bleaching,   cleansing, coloring, curling, dressing, dyeing, processing,   [shampooing,] shaping, singeing, straightening, styling, tinting,   or waving;                            (ii)  providing a necessary service that is   preparatory or ancillary to a service under Subparagraph (i),   including bobbing, clipping, cutting, or trimming; or                            (iii)  cutting the person's hair as a   separate and independent service for which a charge is directly or   indirectly made separately from a charge for any other service;                      (C)  cleansing, stimulating, or massaging a   person's scalp, face, neck, arms, or shoulders:                            (i)  by hand or by using a device, apparatus,   or appliance; and                            (ii)  with or without the use of any cosmetic   preparation, antiseptic, tonic, lotion, or cream;                      (D)  beautifying a person's face, neck, arms, or   shoulders using a cosmetic preparation, antiseptic, tonic, lotion,   powder, oil, clay, cream, or appliance;                      (E)  treating a person's nails by:                            (i)  cutting, trimming, polishing, tinting,   coloring, cleansing, manicuring, or pedicuring; or                            (ii)  attaching false nails;                      (F)  massaging, cleansing, treating, or   beautifying a person's hands;                      (G)  administering facial treatments;                      (H)  weaving a person's hair by using any method   to attach commercial hair to a person's hair or scalp; or                      (I)  [shampooing or conditioning a person's hair;   or                      [(J)]  servicing in any manner listed in Paragraph   (B) a person's wig, toupee, or artificial hairpiece on a person's   head or on a block after the initial retail sale;                (2)  advertising or representing to the public in any   manner that a person is a barber or is authorized to practice   barbering; or                (3)  advertising or representing to the public in any   manner that a location or place of business is a barbershop,   specialty shop, or barber school.          SECTION 10.002.  Subchapter A, Chapter 1601, Occupations   Code, is amended by adding Section 1601.0025 to read as follows:          Sec. 1601.0025.  SERVICES NOT CONSTITUTING BARBERING.   Notwithstanding Section 1601.002, "barbering," "practicing   barbering," and "practice of barbering" do not include threading,   which involves removing unwanted hair from a person by using a piece   of thread that is looped around the hair and pulled to remove the   hair and includes the incidental trimming of eyebrow hair.          SECTION 10.003.  Section 1601.256(a), Occupations Code, is   amended to read as follows:          (a)  A person holding a barber technician license may:                (1)  perform only barbering as defined by Sections   1601.002(1)(C), (D), (F), and (G)[, and (I)]; and                (2)  practice only at a location that has been issued a   barbershop permit.          SECTION 10.004.  Section 1601.353, Occupations Code, is   amended to read as follows:          Sec. 1601.353.  REQUIRED FACILITIES AND EQUIPMENT.  The   department may approve an application for a permit for a barber   school if the school meets the health and safety standards   established by the commission. The commission may not establish   building or facility standards that are not related to health and   safety, including a requirement that a facility have a specific:                (1)  square footage of floor space [is located in:                      [(A)     a municipality with a population of more   than 50,000 that has a building of permanent construction   containing at least 2,000 square feet of floor space, including   classroom and practical areas, covered in a hard-surface   floor-covering of tile or other suitable material; or                      [(B)     a municipality with a population of 50,000   or less or an unincorporated area of a county that has a building of   permanent construction containing at least 1,000 square feet of   floor space, including classroom and practical areas, covered in a   hard-surface floor-covering of tile or other suitable material];                (2)  number of chairs [has the following equipment:                      [(A)     at least 10 student workstations that   include a chair that reclines, a back bar, and a wall mirror;                      [(B)  a sink behind every two workstations;                      [(C)  adequate lighting for each room;                      [(D)     at least 10 classroom chairs and other   materials necessary to teach the required subjects; and                      [(E)     access to permanent restrooms and adequate   drinking fountain facilities]; or [and]                (3)  number of sinks [meets any other requirement set   by the commission].          SECTION 10.005.  Section 1602.002(a), Occupations Code, is   amended to read as follows:          (a)  In this chapter, "cosmetology" means the practice of   performing or offering to perform for compensation any of the   following services:                (1)  treating a person's hair by:                      (A)  providing any method of treatment as a   primary service, including arranging, beautifying, bleaching,   cleansing, coloring, cutting, dressing, dyeing, processing,   [shampooing,] shaping, singeing, straightening, styling, tinting,   or waving;                      (B)  providing a necessary service that is   preparatory or ancillary to a service under Paragraph (A),   including bobbing, clipping, cutting, or trimming a person's hair   or shaving a person's neck with a safety razor; or                      (C)  cutting the person's hair as a separate and   independent service for which a charge is directly or indirectly   made separately from charges for any other service;                (2)  [shampooing and conditioning a person's hair;                [(3)]  servicing a person's wig or artificial hairpiece   on a person's head or on a block after the initial retail sale and   servicing in any manner listed in Subdivision (1);                (3) [(4)]  treating a person's mustache or beard by   arranging, beautifying, coloring, processing, styling, trimming,   or shaving with a safety razor;                (4) [(5)]  cleansing, stimulating, or massaging a   person's scalp, face, neck, or arms:                      (A)  by hand or by using a device, apparatus, or   appliance; and                      (B)  with or without the use of any cosmetic   preparation, antiseptic, tonic, lotion, or cream;                (5) [(6)]  beautifying a person's face, neck, or arms   using a cosmetic preparation, antiseptic, tonic, lotion, powder,   oil, clay, cream, or appliance;                (6) [(7)]  administering facial treatments;                (7) [(8)]  removing superfluous hair from a person's   body using depilatories, preparations or chemicals, tweezers, or   other devices or appliances of any kind or description [tweezing   techniques];                (8) [(9)]  treating a person's nails by:                      (A)  cutting, trimming, polishing, tinting,   coloring, cleansing, or manicuring; or                      (B)  attaching false nails;                (9) [(10)]  massaging, cleansing, treating, or   beautifying a person's hands or feet;                (10) [(11)]  applying semipermanent, thread-like   extensions composed of single fibers to a person's eyelashes; or                (11) [(12)]  weaving a person's hair.          SECTION 10.006.  Subchapter A, Chapter 1602, Occupations   Code, is amended by adding Section 1602.0025 to read as follows:          Sec. 1602.0025.  SERVICES NOT CONSTITUTING COSMETOLOGY.   Notwithstanding Section 1602.002(a), "cosmetology" does not   include threading, which involves removing unwanted hair from a   person by using a piece of thread that is looped around the hair and   pulled to remove the hair and includes the incidental trimming of   eyebrow hair.          SECTION 10.007.  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)(5), (7), (8), and (10)   [1602.002(a)(6), (8), (9), and (11)].          SECTION 10.008.  Section 1602.256(a), Occupations Code, is   amended to read as follows:          (a)  A person holding a manicurist specialty license may   perform only the practice of cosmetology defined in Section   1602.002(a)(8) or (9) [1602.002(a)(9) or (10)].          SECTION 10.009.  Section 1602.257(a), Occupations Code, is   amended to read as follows:          (a)  A person holding an esthetician specialty license may   perform only the practice of cosmetology defined in Sections   1602.002(a)(4), (5), (6), (7), and (10) [1602.002(a)(5), (6), (7),   (8), and (11)].          SECTION 10.010.  Section 1602.2571(a), Occupations Code, is   amended to read as follows:          (a)  A person holding a specialty license in eyelash   extension application may perform only the practice of cosmetology   defined in Section 1602.002(a)(10) [1602.002(a)(11)].          SECTION 10.011.  Section 1602.259(a), Occupations Code, is   amended to read as follows:          (a)  A person holding a hair weaving specialty certificate   may perform only the practice of cosmetology defined in Section   1602.002(a)(11) [Sections 1602.002(a)(2) and (12)].          SECTION 10.012.  Section 1602.260(a), Occupations Code, is   amended to read as follows:          (a)  A person holding a wig specialty certificate may perform   only the practice of cosmetology defined in Section 1602.002(a)(2)   [1602.002(a)(3)].          SECTION 10.013.  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 (9) [1602.002(a)(5) through (10)].          SECTION 10.014.  Section 1602.303, Occupations Code, is   amended by amending Subsections (b) and (c) and adding Subsection   (d) to read as follows:          (b)  An application for a private beauty culture school   license must be accompanied by the required license fee and   inspection fee and:                (1)  be on a form prescribed by the department;                (2)  be verified by the applicant; and                (3)  contain a statement that the building meets the   health and safety standards established by the commission[:                      [(A)     is of permanent construction and is divided   into at least two separate areas:                            [(i)     one area for instruction in theory;   and                            [(ii)  one area for clinic work;                      [(B)  contains a minimum of:                            [(i)     2,800 square feet of floor space if the   building is located in a county with a population of more than   100,000; or                            [(ii)     1,800 square feet of floor space if   the building is located in a county with a population of 100,000 or   less;                      [(C)     has access to permanent restrooms and   adequate drinking fountain facilities; and                      [(D)     contains, or will contain before classes   begin, the equipment established by commission rule as sufficient   to properly instruct a minimum of 10 students].          (c)  The applicant is entitled to a private beauty culture   school license if:                (1)  the department determines that the applicant is   financially sound and capable of fulfilling the school's   commitments for training;                (2)  the applicant's facilities meet the health and   safety standards established by the commission and pass an   inspection conducted by the department under Section 1603.103; and                (3)  the applicant has not committed an act that   constitutes a ground for denial of a license.          (d)  The commission may not establish building or facility   standards that are not related to health and safety, including a   requirement that a facility have a specific:                (1)  square footage of floor space;                (2)  number of chairs; or                (3)  number of sinks.          SECTION 10.015.  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), (5), (7), (8), or (10)   [1602.002(a)(3), (6), (8), (9), or (11)] is performed.          SECTION 10.016.  Section 1602.354(a), Occupations Code, is   amended to read as follows:          (a)  The commission will by rule recognize, prepare, or   administer continuing education programs for the practice of   cosmetology.  Participation in the programs is mandatory for all   license renewals [other than renewal of a shampoo specialty   certificate].          SECTION 10.017.  Section 1602.403(c), Occupations Code, is   amended to read as follows:          (c)  A person holding a beauty shop license or specialty shop   license may not employ[:                [(1)]  a person as an operator or specialist or lease to   a person who acts as an operator or specialist unless the person   holds a license or certificate under this chapter or under Chapter   1601[; or                [(2)     a person to shampoo or condition a person's hair   unless the person holds a shampoo apprentice permit or student   permit].          SECTION 10.018.  Section 1603.351, Occupations Code, is   amended by adding Subsection (a-1) to read as follows:          (a-1)  Notwithstanding any other law, the commission may   adopt rules to:                (1)  authorize a school licensed under this chapter,   Chapter 1601, or Chapter 1602 to account for any hours of   instruction completed under those chapters on the basis of clock   hours or credit hours; and                (2)  establish standards for determining the   equivalency and conversion of clock hours to credit hours and   credit hours to clock hours.          SECTION 10.019.  Section 1603.352(a), Occupations Code, is   amended to read as follows:          (a)  A person who holds a license, certificate, or permit   issued under this chapter, Chapter 1601, or Chapter 1602 and who   performs a barbering service described by Section 1601.002(1)(E) or   (F) or a cosmetology service described by Section 1602.002(a)(8) or   (9) [1602.002(a)(9) or (10)] shall, before performing the service,   clean, disinfect, and sterilize with an autoclave or dry heat   sterilizer or sanitize with an ultraviolet sanitizer, in accordance   with the sterilizer or sanitizer manufacturer's instructions, each   metal instrument, including metal nail clippers, cuticle pushers,   cuticle nippers, and other metal instruments, used to perform the   service.          SECTION 10.020.  The following provisions of the Occupations   Code are repealed:                (1)  Section 1601.260(c);                (2)  Section 1601.261;                (3)  Section 1601.301(c);                (4)  Section 1602.266(c);                (5)  Section 1602.267;                (6)  Section 1602.301(c); and                (7)  Section 1602.456(b-1).          SECTION 10.021.  On the effective date of this Act:                (1)  a shampoo apprentice permit issued under former   Section 1601.261 or 1602.267, Occupations Code, expires; and                (2)  a shampoo specialty certificate issued under   Chapter 1602 expires.          SECTION 10.022.  As soon as practicable after the effective   date of this Act, the Texas Commission of Licensing and Regulation   shall adopt rules to implement Sections 1601.353 and 1602.303,   Occupations Code, as amended by this article.          SECTION 10.023.  (a)  The changes in law made by this Act to   Chapters 1601, 1602, and 1603, Occupations Code, do 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 under   Chapter 1601, 1602, or 1603, Occupations Code, 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 11.  VOLUNTEER SECURITY SERVICES          SECTION 11.001.  Subchapter N, Chapter 1702, Occupations   Code, is amended by adding Section 1702.333 to read as follows:          Sec. 1702.333.  PLACE OF RELIGIOUS WORSHIP; CERTAIN   VOLUNTEERS. (a)  In this section, "volunteer security services"    means services or activities that are:                (1)  regulated under this chapter; and                (2)  provided without compensation or remuneration.          (b)  This chapter does not apply to a person who is providing   volunteer security services on the premises of a church, synagogue,   or other established place of religious worship.          (c)  While providing volunteer security services under   Subsection (b), a person may not wear a uniform or badge that:                (1)  contains the word "security"; or                (2)  gives the person the appearance of being a peace   officer, personal protection officer, or security officer.   ARTICLE 12.  BINGO UNIT MANAGER LICENSE          SECTION 12.001.  Section 2001.431(4), Occupations Code, is   amended to read as follows:                (4)  "Unit manager" means an individual who is    [licensed under this subchapter to be] responsible for the   revenues, authorized expenses, and inventory of a unit.          SECTION 12.002.  The heading to Section 2001.437,   Occupations Code, is amended to read as follows:          Sec. 2001.437.  UNIT MANAGER[; LICENSE].          SECTION 12.003.  Section 2001.437(c), Occupations Code, is   amended to read as follows:          (c)  [A person may not provide services as a unit manager to   licensed authorized organizations that form a unit unless the   person holds a unit manager license under this subchapter.] A   person designated as an agent under Section 2001.438(b) is not a   unit manager on account of that designation for purposes of this   section.          SECTION 12.004.  Sections 2001.437(d), (e), (f), and (g),   Occupations Code, are repealed.          SECTION 12.005.  The changes in law made by this article do   not affect the right of any individual licensed before the   effective date of this Act to engage in the applicable occupation   for the remainder of the term for which the license was issued.   ARTICLE 13.  AGRICULTURAL, INDUSTRIAL, AND WILDLIFE CONTROL   FIREWORKS PERMIT          SECTION 13.001.  Section 2154.152(a), Occupations Code, is   amended to read as follows:          (a)  A person must be a licensed distributor if the person:                (1)  imports into this state or stores, possesses, and   sells Fireworks 1.3G to a licensed pyrotechnic operator or   distributor or to a single public display or[,] multiple public   display[, or agricultural, industrial, and wildlife control   fireworks] permit holder; or                (2)  imports or stores, possesses, and sells Fireworks   1.4G to a licensed jobber, retailer, or distributor in this state.          SECTION 13.002.  Section 2154.251(b), Occupations Code, is   amended to read as follows:          (b)  A person may not manufacture, distribute, sell, or use   fireworks in a public fireworks display [or for agricultural,   industrial, or wildlife control purposes] without an appropriate   license or permit. Fireworks manufactured, distributed, sold, or   used without an appropriate license or permit are illegal   fireworks.          SECTION 13.003.  Section 2154.203, Occupations Code, is   repealed.   ARTICLE 14.  MOTOR VEHICLE TOWING, BOOTING, AND STORAGE          SECTION 14.001.  Section 2303.058, Occupations Code, is   amended to read as follows:          Sec. 2303.058.  ADVISORY BOARD. The Towing and[,] Storage[,   and Booting] Advisory Board under Chapter 2308 shall advise the   commission in adopting vehicle storage rules under this chapter.          SECTION 14.002.  Section 2308.002, Occupations Code, is   amended by amending Subdivisions (1) and (8-a) and adding   Subdivisions (5-b) and (8-b) to read as follows:                (1)  "Advisory board" means the Towing and[,] Storage[,   and Booting] Advisory Board.                (5-b)  "Local authority" means a state or local   governmental entity authorized to regulate traffic or parking and   includes:                      (A)  an institution of higher education; and                      (B)  a political subdivision, including a county,   municipality, special district, junior college district, housing   authority, or other political subdivision of this state.                (8-a)  "Peace officer" means a person who is a peace   officer under Article 2.12, Code of Criminal Procedure.                (8-b)  "Private property tow" means any tow of a   vehicle authorized by a parking facility owner without the consent   of the owner or operator of the vehicle.          SECTION 14.003.  Effective September 1, 2018, Section   2308.004, Occupations Code, is amended to read as follows:          Sec. 2308.004.  EXEMPTION. Sections 2308.151(b),   2308.2085, 2308.257, and 2308.258 do [(a)  This chapter does] not   apply to:                (1)  a person who, while exercising a statutory or   contractual lien right with regard to a vehicle:                      (A) [(1)]  installs or removes a boot; or                      (B) [(2)]  controls, installs, or directs the   installation and removal of one or more boots; or[.]                (2)  [(b)  This chapter does not apply to] a commercial   office building owner or manager who installs or removes a boot in   the building's parking facility.          SECTION 14.004.  Section 2308.051(a), Occupations Code, as   amended by Chapters 457 (H.B. 2548) and 845 (S.B. 2153), Acts of the   81st Legislature, Regular Session, 2009, is reenacted and amended   to read as follows:          (a)  The advisory board consists of the following members   appointed by the presiding officer of the commission with the   approval of the commission:                (1)  one representative of a towing company operating   in a county with a population of less than one million;                (2)  one representative of a towing company operating   in a county with a population of one million or more;                (3)  one representative [owner] of a vehicle storage   facility located in a county with a population of less than one   million;                (4)  one representative [owner] of a vehicle storage   facility located in a county with a population of one million or   more;                (5)  one parking facility representative [owner];                (6)  one peace officer [law enforcement officer] from a   county with a population of less than one million;                (7)  one peace officer [law enforcement officer] from a   county with a population of one million or more;                (8)  one representative of a member insurer, as defined   by Section 462.004, Insurance Code, of the Texas Property and   Casualty Insurance Guaranty Association who writes [property and   casualty insurers who write] automobile insurance in this state;   and                [(9)  one representative of a booting company]                (9)  one person who operates both a towing company and a   vehicle storage facility [public member].          SECTION 14.005.  Effective September 1, 2018, Section   2308.151, Occupations Code, is amended to read as follows:          Sec. 2308.151.  LICENSE OR LOCAL AUTHORIZATION REQUIRED.   (a)  Unless the person holds an appropriate license under this   subchapter, a person may not:                (1)  perform towing operations; or                (2)  operate a towing company.[;]          (b)  Unless prohibited by a local authority under Section   2308.2085, a person may:                (1) [(3)]  perform booting operations; and [or]                (2) [(4)]  operate a booting company.          SECTION 14.006.  Section 2308.205(a), Occupations Code, is   amended to read as follows:          (a)  A towing company that makes a nonconsent tow shall tow   the vehicle to a vehicle storage facility that is operated by a   person who holds a license to operate the facility under Chapter   2303, unless:                (1)  the towing company agrees to take the vehicle to a   location designated by the vehicle's owner; or                (2)  the vehicle is towed under Section 2308.259(b).          SECTION 14.007.  Section 2308.2085, Occupations Code, is   amended to read as follows:          Sec. 2308.2085.  LOCAL AUTHORITY REGULATION OF [MUNICIPAL   ORDINANCE REGULATING] BOOTING ACTIVITIES [COMPANIES AND   OPERATORS].  (a)  A local authority [municipality] may regulate, in   areas in which the entity regulates parking or traffic, [adopt an   ordinance that is identical to the] booting activities, including:                (1)  operation of booting companies and operators that   operate on a parking facility;                (2)  any permit and sign requirements in connection   with the booting of a vehicle; and                (3)  [provisions in this chapter or that imposes   additional requirements that exceed the minimum standards of the   booting provisions in this chapter but may not adopt an ordinance   that conflicts with the booting provisions in this chapter.          [(b)  A municipality may regulate the] fees that may be   charged in connection with the booting of a vehicle[, including   associated parking fees].          (b)  Regulations adopted under this section must:                (1)  incorporate the requirements of Sections 2308.257   and 2308.258;                (2)  include procedures for vehicle owners and   operators to file a complaint with the local authority regarding a   booting company or operator; and                (3)  provide for the imposition of a penalty on a   booting company or operator for a violation of Section 2308.258   [(c)     A municipality may require booting companies to obtain a   permit to operate in the municipality].          SECTION 14.008.  Section 2308.255, Occupations Code, is   amended to read as follows:          Sec. 2308.255.  TOWING COMPANY'S [OR BOOT OPERATOR'S]   AUTHORITY TO TOW [REMOVE] AND STORE [OR BOOT] UNAUTHORIZED VEHICLE.   (a)  A towing company [that is insured as provided by Subsection   (c)] may, without the consent of an owner or operator of an   unauthorized vehicle, tow the vehicle to [remove] and store the   vehicle at a vehicle storage facility at the expense of the owner or   operator of the vehicle if:                (1)  the towing company has received written   verification from the parking facility owner that:                      (A)  [the parking facility owner has installed]   the signs required by Section 2308.252(a)(1) are posted; or                      (B)  the owner or operator received notice under   Section 2308.252(a)(2) or the parking facility owner gave notice   complying with Section 2308.252(a)(3); or                (2)  on request the parking facility owner provides to   the owner or operator of the vehicle information on the name of the   towing company and vehicle storage facility that will be used to tow   [remove] and store the vehicle and the vehicle is:                      (A)  left in violation of Section 2308.251;                      (B)  in or obstructing a portion of a paved   driveway; or                      (C)  on a public roadway used for entering or   exiting the facility and the tow [removal] is approved by a peace   officer.          (b)  A towing company may not tow [remove] an unauthorized   vehicle except under:                (1)  this chapter;                (2)  a municipal ordinance that complies with Section   2308.208; or                (3)  the direction of:                      (A)  a peace officer; or                      (B)  the owner or operator of the vehicle.          (c)  Only a towing company that is insured against liability   for property damage incurred in towing a vehicle may tow [remove]   and store an unauthorized vehicle under this section.          (d)  A towing company may tow [remove] and store a vehicle   under Subsection (a) [and a boot operator may boot a vehicle under   Section 2308.257] only if the parking facility owner:                (1)  requests that the towing company tow [remove] and   store [or that the boot operator boot] the specific vehicle; or                (2)  has a standing written agreement with the towing   company [or boot operator] to enforce parking restrictions in the   parking facility.          (e)  When a tow truck is used for a nonconsent tow authorized   by a peace officer under Section 545.3051, Transportation Code, the   operator of the tow truck and the towing company are agents of the   law enforcement agency and are subject to Section 545.3051(e),   Transportation Code.          SECTION 14.009.  Section 2308.257(b), Occupations Code, is   amended to read as follows:          (b)  A boot operator that installs a boot on a vehicle must   affix a conspicuous notice to the vehicle's front windshield or   driver's side window stating:                (1)  that the vehicle has been booted and damage may   occur if the vehicle is moved;                (2)  the date and time the boot was installed;                (3)  the name, address, and telephone number of the   booting company;                (4)  a telephone number that is answered 24 hours a day   to enable the owner or operator of the vehicle to arrange for   removal of the boot;                (5)  the amount of the fee for removal of the boot and   any associated parking fees; [and]                (6)  notice of the right of a vehicle owner or vehicle   operator to a hearing under Subchapter J; and                (7)  in the manner prescribed by the local authority,   notice of the procedure to file a complaint with the local authority   for violation of this chapter by a boot operator.          SECTION 14.010.  Subchapter F, Chapter 2308, Occupations   Code, is amended by adding Sections 2308.258 and 2308.259 to read as   follows:          Sec. 2308.258.  BOOT REMOVAL. (a)  A booting company   responsible for the installation of a boot on a vehicle shall remove   the boot not later than one hour after the time the owner or   operator of the vehicle contacts the company to request removal of   the boot.          (b)  A booting company shall waive the amount of the fee for   removal of a boot, excluding any associated parking fees, if the   company fails to have the boot removed within the time prescribed by   Subsection (a).          (c)  A booting company responsible for the installation of   more than one boot on a vehicle may not charge a total amount for the   removal of the boots that is greater than the amount of the fee for   the removal of a single boot.          Sec. 2308.259.  TOWING COMPANY'S AUTHORITY TO TOW VEHICLE   FROM UNIVERSITY PARKING FACILITY. (a)  In this section:                (1)  "Special event" means a university-sanctioned,   on-campus activity, including parking lot maintenance.                (2)  "University" means:                      (A)  a public senior college or university, as   defined by Section 61.003, Education Code; or                      (B)  a private or independent institution of   higher education, as defined by Section 61.003, Education Code.          (b)  Subject to Subsection (c), an individual designated by a   university may, to facilitate a special event, request that a   vehicle parked at a university parking facility be towed to another   location on the university campus.          (c)  A vehicle may not be towed under Subsection (b) unless   signs complying with this section are installed on the parking   facility for the 72 hours preceding towing enforcement for the   special event and for 48 hours after the conclusion of the special   event.          (d)  Each sign required under Subsection (c) must:                (1)  contain:                      (A)  a statement of:                            (i)  the nature of the special event; and                            (ii)  the dates and hours of towing   enforcement; and                      (B)  the number, including the area code, of a   telephone that is answered 24 hours a day to identify the location   of a towed vehicle;                (2)  face and be conspicuously visible to the driver of   a vehicle that enters the facility;                (3)  be located:                      (A)  on the right or left side of each driveway or   curb-cut through which a vehicle can enter the facility, including   an entry from an alley abutting the facility; or                      (B)  at intervals along the entrance so that no   entrance is farther than 25 feet from a sign if:                            (i)  curbs, access barriers, landscaping, or   driveways do not establish definite vehicle entrances onto a   parking facility from a public roadway other than an alley; and                            (ii)  the width of an entrance exceeds 35   feet;                (4)  be made of weather-resistant material;                (5)  be at least 18 inches wide and 24 inches tall;                (6)  be mounted on a pole, post, wall, or free-standing   board; and                (7)  be installed so that the bottom edge of the sign is   no lower than two feet and no higher than six feet above ground   level.          (e)  If a vehicle is towed under Subsection (b), personnel   must be available to:                (1)  release the vehicle within two hours after a   request for release of the vehicle; and                (2)  accept any payment required for the release of the   vehicle.          (f)  A university may not charge a fee for a tow under   Subsection (b) that exceeds 75 percent of the private property tow   fee established under Section 2308.0575.          (g)  A vehicle towed under Subsection (b) that is not claimed   by the vehicle owner or operator within 48 hours after the   conclusion of the special event may only be towed:                (1)  without further expense to the vehicle owner or   operator; and                (2)  to another location on the university campus.          (h)  The university must notify the owner or operator of a   vehicle towed under Subsection (b) of the right of the vehicle owner   or operator to a hearing under Subchapter J.          SECTION 14.011.  The heading to Subchapter I, Chapter 2308,   Occupations Code, is amended to read as follows:   SUBCHAPTER I. REGULATION OF TOWING COMPANIES[, BOOTING COMPANIES,]   AND PARKING FACILITY OWNERS          SECTION 14.012.  (a)  The following provisions of the   Occupations Code are repealed:                (1)  Section 2308.002(9); and                (2)  Section 2308.103(d).          (b)  Effective September 1, 2018, Sections 2308.1555 and   2308.1556, Occupations Code, are repealed.          SECTION 14.013.  (a)  On September 1, 2018, a license issued   under former Section 2308.1555 or 2308.1556, Occupations Code,   expires.          (b)  The changes in law made by this article to Section   2308.051(a), Occupations Code, regarding the qualifications for a   member of the Towing and Storage Advisory Board do not affect the   entitlement of a member serving on the board immediately before the   effective date of this article to continue to serve and function as   a member of the board for the remainder of the member's term. When   board vacancies occur on or after the effective date of this   article, the presiding officer of the Texas Commission of Licensing   and Regulation shall appoint new members to the board in a manner   that reflects the changes in law made by this article.          (c)  The changes in law made by this article to Section   2308.255, Occupations Code, do not apply to the booting of a vehicle   pursuant to a standing written agreement between a booting company   and a parking facility owner entered into before the effective date   of this article. The booting of a vehicle pursuant to a standing   written agreement entered into before the effective date of this   article is governed by the law as it existed immediately before the   effective date of this article, and that law is continued in effect   for that purpose.          SECTION 14.014.  Except as otherwise provided by this   article, this article 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, this   article takes effect September 1, 2017.   ARTICLE 15.  CERTAIN LOCAL TRANSPORTATION ENTITIES AND CONTRACTS          SECTION 15.001.  (a)  This article applies only to a county   board of education, board of county trustees, or office of county   school superintendent that provides transportation services in a   county with a population of 2.2 million or more.          (b)  If on the effective date of this Act there is an existing   contract for transportation services to which a county board of   education, board of county trustees, or office of county school   superintendent is a party, it shall be wound down in the manner   described by Subsections (c)-(r) of this section.          (c)  Each county board of education, board of county school   trustees, and office of county school superintendent in a county   with a population of 2.2 million or more and that is adjacent to a   county with a population of more than 800,000 is abolished   effective November 15, 2017, unless the continuation of the county   board of education, board of county school trustees, and office of   county school superintendent is approved by a majority of voters at   an election held on the November 2017 uniform election date in the   county in which the county board of education, board of county   school trustees, and office of county school superintendent are   located. Subsections (d)-(s) of this section do not take effect in   a county if the continuation of the county board of education, board   of county school trustees, and office of county school   superintendent is approved at the election held in the county under   this subsection.          (d)  Not later than November 15, 2017, a dissolution   committee shall be formed for each county board of education or   board of county school trustees to be abolished as provided by   Subsection (c) of this section.  The dissolution committee is   responsible for all financial decisions for each county board of   education or board of county school trustees abolished by this Act,   including asset distribution and payment of all debt obligations.          (e)  A dissolution committee required by this Act shall be   appointed by the comptroller and include:                (1)  one financial advisor;                (2)  the superintendent of the participating component   school district with the largest number of students in average   daily attendance or the superintendent's designee;                (3)  one certified public accountant;                (4)  one auditor who holds a license or other   professional credential; and                (5)  one bond counsel who holds a license or other   professional credential.          (f)  A dissolution committee created under this Act is   subject to the open meetings requirements under Chapter 551,   Government Code, and public information requirements under Chapter   552, Government Code.          (g)  Members of a dissolution committee may not receive   compensation but are entitled to reimbursement for actual and   necessary expenses incurred in performing the functions of the   dissolution committee.          (h)  Subject to the other requirements of this Act, the   dissolution committee shall determine the manner in which all   assets, liabilities, contracts, and services of the county board of   education or board of county school trustees abolished by this Act   are divided, transferred, or discontinued.  The dissolution   committee shall create a sinking fund to deposit all money received   in the abolishment of each county board of education or board of   county school trustees for the payment of all debts of the county   board of education or board of county school trustees.          (i)  The dissolution committee shall continue providing   transportation services to participating component school   districts for the 2017-2018 school year.  The dissolution committee   shall maintain current operations and personnel needed to provide   the transportation services.          (j)  At the end of the 2017-2018 school year all school   buses, vehicles, and bus service centers shall be transferred to   participating component school districts in proportionate shares   equal to the proportion that the membership in each district bears   to total membership in the county as of September 1, 2018, at no   cost to the districts.          (k)  The dissolution committee may employ for the 2017-2018   school year one person to assist in the abolishment of the county   board of education or board of county school trustees.          (l)  On November 15, 2017, the participating component   school district with the largest number of students in average   daily attendance has the right of first refusal to buy, at fair   market value, the administrative building of the county board of   education or board of county school trustees.          (m)  An ad valorem tax assessed by a county board of   education or board of county school trustees shall continue to be   assessed by the county on behalf of the board for the purpose of   paying the principal of and interest on any bonds issued by the   county board of education or board of county school trustees until   all bonds are paid in full.  This subsection applies only to a bond   issued before the effective date of this Act for which the tax   receipts were obligated.  On payment of all bonds issued by the   county board of education or board of county school trustees the ad   valorem tax may not be assessed.          (n)  In the manner provided by rule of the commissioner of   education, the county shall collect and use any delinquent taxes   imposed by or on behalf of the county board of education or board of   county school trustees.          (o)  The dissolution committee shall distribute the assets   remaining after discharge of the liabilities of the county board of   education or board of county school trustees to the component   school districts in the county in proportionate shares equal to the   proportion that the membership in each district bears to total   membership in the county as of September 1, 2017.  The dissolution   committee shall liquidate board assets as necessary to discharge   board liabilities and facilitate the distribution of assets. A   person authorized by the dissolution committee shall execute any   documents necessary to complete the transfer of assets,   liabilities, or contracts.          (p)  The dissolution committee shall encourage the component   school districts to:                (1)  continue sharing services received through the   county board of education or board of county school trustees; and                (2)  give preference to private sector contractors to   continue services provided by the county board of education or   board of county school trustees.          (q)  The chief financial officer and financial advisor for   the county board of education or board of county school trustees   shall provide assistance to the dissolution committee in abolishing   the county board of education or board of county school trustees.          (r)  The Texas Education Agency shall provide assistance to a   dissolution committee in the distribution of assets, liabilities,   contracts, and services of a county board of education or board of   county school trustees abolished by this Act.          (s)  Any dissolution committee created as provided by this   Act is abolished on the date all debt obligations of the county   board of education or board of county school trustees are paid in   full and all assets distributed to component school districts.          SECTION 15.002.  Chapter 266 (S.B. 394), Acts of the 40th   Legislature, Regular Session, 1927 (Article 2700a, Vernon's Texas   Civil Statutes), is repealed.   ARTICLE 16. REGISTRATION OF MARKS          SECTION 16.001.  Section 16.051(a), Business & Commerce   Code, is amended to read as follows:          (a)  A mark that distinguishes an applicant's goods or   services from those of others is registrable unless the mark:                (1)  consists of or comprises matter that is immoral,   deceptive, or scandalous;                (2)  consists of or comprises matter that may   disparage, falsely suggest a connection with, or bring into   contempt or disrepute:                      (A)  a person, whether living or dead;                      (B)  an institution;                      (C)  a belief; or                      (D)  a national symbol;                (3)  depicts, comprises, or simulates the flag, the   coat of arms, the seal, the geographic outline, or other insignia   of:                      (A)  the United States;                      (B)  a state;                      (C)  a municipality; or                      (D)  a foreign nation;                (4)  consists of or comprises the name, signature, or   portrait of a particular living individual who has not consented in   writing to the mark's registration;                (5)  when used on or in connection with the applicant's   goods or services:                      (A)  is merely descriptive or deceptively   misdescriptive of the applicant's goods or services; or                      (B)  is primarily geographically descriptive or   deceptively misdescriptive of the applicant's goods or services;                (6)  is primarily merely a surname; or                (7)  is likely to cause confusion or mistake, or to   deceive, because, when used on or in connection with the   applicant's goods or services, it resembles:                      (A)  a mark registered in this state; or                      (B)  an unabandoned mark registered with the   United States Patent and Trademark Office.   ARTICLE 17.  CONFLICT OF LAW; EFFECTIVE DATE          SECTION 17.001.  To the extent of any conflict, this Act   prevails over another Act of the 85th Legislature, Regular Session,   2017, relating to nonsubstantive additions to and corrections in   enacted codes.          SECTION 17.002.  To the extent of any conflict, Sections   1601.353 and 1602.303, Occupations Code, as amended by this Act,   prevail over another Act of the 85th Legislature, Regular Session,   2017.          SECTION 17.003.  It is the intent of the 85th Legislature,   Regular Session, 2017, that the amendments made by this Act to   Section 17.46(b), Business & Commerce Code, be harmonized as   provided by Section 311.025(b), Government Code, as if the   amendments were enacted without reference to each other.          SECTION 17.004.  Except as otherwise provided by this Act,   this Act takes effect September 1, 2017.               ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 2065 passed the Senate on   April 24, 2017, by the following vote:  Yeas 30, Nays 0;   May 25, 2017, Senate refused to concur in House amendments and   requested appointment of Conference Committee; May 26, 2017, House   granted request of the Senate; May 28, 2017, Senate adopted   Conference Committee Report by the following vote:  Yeas 30,   Nays 1.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 2065 passed the House, with   amendments, on May 23, 2017, by the following vote:  Yeas 131,   Nays 12, two present not voting; May 26, 2017, House granted   request of the Senate for appointment of Conference Committee;   May 28, 2017, House adopted Conference Committee Report by the   following vote:  Yeas 145, Nays 0, two present not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________               Date       ______________________________              Governor