Relating to the establishment, powers and duties, terms, and governance of certain advisory bodies for programs administered by the Texas Department of Licensing and Regulation.

89(R) SB 2075 - Enrolled version - Bill Text

S.B. No. 2075

AN ACT

relating to the establishment, powers and duties, terms, and

governance of certain advisory bodies for programs administered by

the Texas Department of Licensing and Regulation.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 301.053, Agriculture Code, is amended to

read as follows:

Sec. 301.053. ADVISORY
BOARDS
[
COMMITTEES
]. The Texas

Department of Licensing and Regulation may establish advisory

boards
[
committees
] to advise the Texas Department of Licensing and

Regulation and to make recommendations to the Texas Department of

Licensing and Regulation concerning legislation, policies,

administration, research, and other matters related to the duties,

powers, or functions of the Texas Department of Licensing and

Regulation under this chapter.

SECTION 2. Section 1001.058, Education Code, is amended to

read as follows:

Sec. 1001.058. ADVISORY
BOARD
[
COMMITTEE
]. (a) The

commission shall establish an advisory
board
[
committee
] to advise

the commission and department on rules and educational and

technical matters relevant to the administration of this chapter.

(b) The advisory
board
[
committee
] consists of nine members

appointed for staggered six-year terms by the presiding officer of

the commission, with the approval of the commission, as follows:

(1) three driver education providers;

(2) three driving safety providers;

(3) one driver education instructor;

(4) the division head of the Department of Public

Safety driver license division or the division head's designee; and

(5) one member of the public.

(c) The presiding officer of the commission shall appoint

the presiding officer of the advisory
board for a term of two years

[
committee
]. The presiding officer of the advisory
board

[
committee
] may vote on any matter before the advisory
board

[
committee
].

(d) [
A member may not serve two consecutive full terms.

[
(e)
] If a vacancy occurs during a term, the presiding

officer of the commission, with the approval of the commission,

shall appoint a replacement who meets the qualifications of the

vacated position to serve for the remainder of the term.

(e)
[
(f)
] A member of the advisory
board
[
committee
] may be

removed from the advisory
board
[
committee
] as provided by Section

51.209, Occupations Code.

(f)
[
(g)
] Members of the advisory
board
[
committee
] may not

receive compensation but are entitled to reimbursement for actual

and necessary expenses incurred in performing the functions of the

advisory
board
[
committee
], subject to the General Appropriations

Act.

(g)
[
(i)
] Chapter 2110, Government Code, does not apply to

the advisory
board
[
committee
].

SECTION 3. Section 469.053, Government Code, is amended to

read as follows:

Sec. 469.053. ADVISORY
BOARD
[
COMMITTEE
];
TERMS; MEETINGS;

REVIEW OF AND COMMENT ON RULES. (a) The presiding officer of the

commission, with the commission's approval, shall appoint an

advisory
board
[
committee
] for the architectural barriers program.

The
board
[
committee
] shall consist of building professionals and

persons with disabilities who are familiar with architectural

barrier problems and solutions. The
board
[
committee
] shall

consist of at least eight members. A majority of the members of the

board
[
committee
] must be persons with disabilities.

(b)
Members of the advisory board serve staggered six-year

terms
[
A committee member serves at the will of the presiding

officer of the commission
].

(c) A
board
[
committee
] member may not receive compensation

for service on the
board
[
committee
] but is entitled to

reimbursement for actual and necessary expenses incurred in

performing functions as a member.

(d) The presiding officer of the commission, with the

commission's approval, shall appoint a
board
[
committee
] member as

presiding officer for two years.

(e)
[
(f)

The committee periodically shall review the rules

relating to the architectural barriers program and recommend

changes in the rules to the commission.

[
(g)
] The commission must submit all proposed changes to any

rule or procedure that relates to the architectural barriers

program to the
board
[
committee
] for review and comment before

adopting or implementing the new or amended rule or procedure.

SECTION 4. Section 754.012(b), Health and Safety Code, is

amended to read as follows:

(b)
A member of the advisory board may be removed from the

advisory board as provided by Section 51.209, Occupations Code

[
Board members serve at the will of the commission
].

SECTION 5. Section 51.001(1), Occupations Code, is amended

to read as follows:

(1) "Advisory board" means
an
[
a board, committee,

council, or other
] entity with multiple members that has as its

primary function advising the commission or department.

SECTION 6. Subchapter D, Chapter 51, Occupations Code, is

amended by adding Section 51.2094 to read as follows:

Sec.

51.2094.

PROGRAM ADVISORY BOARDS. (a)

The commission

may establish an advisory board to advise the commission or the

department regarding a program subject to regulation by the

department.

(b)

Unless otherwise provided by a law establishing a

regulatory program administered by the department, the commission

may establish:

(1)

the number of advisory board members, provided

that the number of members must be an odd number of three or more;

(2)

the qualifications for an advisory board member;

and

(3) the terms of advisory board members.

(c)

Unless otherwise provided by a law establishing a

regulatory program administered by the department, members of an

advisory board shall be appointed by the presiding officer of the

commission with the commission's approval.

(d)

Unless otherwise provided by a law establishing a

regulatory program administered by the department, the presiding

officer of the commission, on approval of the commission, shall

designate a member of the advisory board to serve as the presiding

officer of the advisory board for a two-year term.

The presiding

officer of the advisory board may vote on any matter before the

advisory board.

SECTION 7. Section 203.055(a), Occupations Code, is amended

to read as follows:

(a) Members of the advisory board serve for staggered terms

of six years. [
The terms of three members expire on January 31 of

each odd-numbered year.
]

SECTION 8. Section 203.056, Occupations Code, is amended to

read as follows:

Sec. 203.056. PRESIDING OFFICER. The presiding officer of

the commission shall designate a member of the advisory board to

serve as the presiding officer of the advisory board to serve for a

term of
two years
[
one year
]. The presiding officer of the advisory

board may vote on any matter before the advisory board.

SECTION 9. Section 401.105(a), Occupations Code, is amended

to read as follows:

(a) Members are appointed for staggered six-year terms.

[
The terms of three members expire September 1 of each odd-numbered

year.
]

SECTION 10. Section 401.107(a), Occupations Code, is

amended to read as follows:

(a) The presiding officer of the commission shall designate

a member of the advisory board to serve as the presiding officer of

the advisory board for a term of
two years
[
one year
].

SECTION 11. Section 402.055(a), Occupations Code, is

amended to read as follows:

(a) Members of the advisory board serve staggered six-year

terms. [
The terms of three members expire on February 1 of each

odd-numbered year.
]

SECTION 12. Section 402.057, Occupations Code, is amended

to read as follows:

Sec. 402.057. PRESIDING OFFICER. The presiding officer of

the commission shall designate a member of the advisory board to

serve as the presiding officer of the advisory board for a term of

two years
[
one year
]. The presiding officer of the advisory board

may vote on any matter before the advisory board.

SECTION 13. Section 403.051, Occupations Code, is amended

to read as follows:

Sec. 403.051. ADVISORY
BOARD
[
COMMITTEE
]. The department

shall appoint an advisory
board
[
committee
] to provide advice and

recommendations to the department on technical matters relevant to

the administration of this chapter.

SECTION 14. Section 451.053(a), Occupations Code, is

amended to read as follows:

(a) Board members serve staggered six-year terms [
with the

terms of one or two members expiring on January 31 of each

odd-numbered year
].

SECTION 15. Section 451.055, Occupations Code, is amended

to read as follows:

Sec. 451.055. PRESIDING OFFICER. The presiding officer of

the commission shall designate a member of the board to serve as the

presiding officer of the board for a
two-year
[
one-year
] term. The

presiding officer of the board may vote on any matter before the

board.

SECTION 16. Section 455.103(a), Occupations Code, is

amended to read as follows:

(a) Members of the advisory board are appointed for

staggered six-year terms. [
The terms of three members expire

September 1 of each odd-numbered year.
]

SECTION 17. Section 455.104(a), Occupations Code, is

amended to read as follows:

(a) The presiding officer of the commission shall designate

a member of the advisory board to serve as the presiding officer of

the advisory board for a term of
two years
[
one year
].

SECTION 18. Section 506.103(a), Occupations Code, is

amended to read as follows:

(a) Members of the advisory board serve staggered six-year

terms[
, with the terms of three members expiring February 1 of each

odd-numbered year
].

SECTION 19. Section 506.104, Occupations Code, is amended

to read as follows:

Sec. 506.104. PRESIDING OFFICER. The presiding officer of

the commission shall designate a member of the advisory board to

serve as the presiding officer of the advisory board for a term of

two years
[
one year
]. The presiding officer of the advisory board

may vote on any matter before the advisory board.

SECTION 20. Section 605.055(a), Occupations Code, is

amended to read as follows:

(a) Members of the advisory board serve staggered six-year

terms. [
The terms of two or three members expire on February 1 of

each odd-numbered year.
]

SECTION 21. Section 605.056, Occupations Code, is amended

to read as follows:

Sec. 605.056. PRESIDING OFFICER. The presiding officer of

the commission, with the commission's approval, shall designate a

member of the advisory board to serve as the presiding officer of

the advisory board for a term of
two years
[
one year
]. The

presiding officer of the advisory board may vote on any matter

before the advisory board.

SECTION 22. Section 701.054(a), Occupations Code, is

amended to read as follows:

(a) Members of the advisory board serve staggered six-year

terms. [
The terms of three members begin on September 1 of each

odd-numbered year.
]

SECTION 23. Section 701.057, Occupations Code, is amended

to read as follows:

Sec. 701.057. PRESIDING OFFICER. The presiding officer of

the commission shall designate a member of the advisory board as the

presiding officer of the advisory board to serve for a term of
two

years
[
one year
]. The presiding officer of the advisory board may

vote on any matter before the advisory board.

SECTION 24. Section 802.065, Occupations Code, is amended

to read as follows:

Sec. 802.065. ADVISORY
BOARD
[
COMMITTEE
]. (a) The

commission shall establish an advisory
board
[
committee
] to advise

the commission and make recommendations on matters related to the

administration and enforcement of this chapter, including

licensing fees and standards adopted under Subchapter E.

(b) The advisory
board
[
committee
] consists of nine members

appointed by the presiding officer of the commission with the

approval of the commission as follows:

(1) two members who are licensed breeders;

(2) two members who are veterinarians;

(3) two members who represent animal welfare

organizations each of which has an office based in this state;

(4) two members who represent the public; and

(5) one member who is an animal control officer as

defined in Section 829.001, Health and Safety Code.

(c) Members of the advisory
board
[
committee
] serve

staggered
six-year
[
four-year
] terms. [
The terms of four or five

members expire on February 1 of each odd-numbered year.
] If a

vacancy occurs during a member's term, the presiding officer of the

commission, with the approval of the commission, shall appoint a

replacement member to serve for the remainder of the unexpired

term.

(d) The presiding officer of the commission shall designate

one member of the advisory
board
[
committee
] to serve as presiding

officer of the advisory
board
[
committee
] for a two-year term. A

member may serve more than one term as presiding officer.

(e)
[
(f)
] Except for the members described by Subsection

(b)(1), a person may not be a member of the advisory
board

[
committee
] if the person or a member of the person's household:

(1) is required to be licensed under this chapter;

(2) is an officer, employee, or paid consultant of an

entity required to be licensed under this chapter;

(3) owns or controls, either directly or indirectly,

more than a 10 percent interest in an entity required to be licensed

under this chapter; or

(4) is required to register as a lobbyist under

Chapter 305, Government Code, because of the person's activities

for compensation on behalf of an entity required to be licensed

under this chapter.

(f)
[
(g)
] The presiding officer of the commission may

remove from the advisory
board
[
committee
] a member who is

ineligible for membership under Subsection
(e)
[
(f)
].

(g)
[
(h)
] A member may not receive compensation for service

on the advisory
board
[
committee
]. Subject to the department's

budget and any limitation provided by the General Appropriations

Act, a
board
[
committee
] member may receive reimbursement for the

actual and necessary expenses incurred while performing advisory

board
[
committee
] duties.

(h)
[
(i)
] A decision of the advisory
board
[
committee
] is

effective only on a majority vote of the members present.

(i)
[
(j)
] Chapter 2110, Government Code, does not apply to

the size, composition, or duration of the advisory
board

[
committee
] or to the appointment of the
board's
[
committee's
]

presiding officer.

SECTION 25. Section 1151.002(7-b), Occupations Code, is

amended to read as follows:

(7-b)
"Board"
[
"Committee"
] means the Texas Tax

Professional Advisory
Board
[
Committee
].

SECTION 26. Subchapter B, Chapter 1151, Occupations Code,

is amended to read as follows:

SUBCHAPTER B. TEXAS TAX PROFESSIONAL ADVISORY
BOARD
[
COMMITTEE
]

Sec. 1151.051. MEMBERSHIP. (a) The Texas Tax Professional

Advisory
Board
[
Committee
] consists of seven members appointed by

the presiding officer of the commission with the approval of the

commission as follows:

(1) two members who are certified under this chapter

as registered professional appraisers;

(2) two members who are certified under this chapter

as registered Texas collectors or registered Texas assessors; and

(3) three members who represent the public.

(b) A vacancy on the
board
[
committee
] is filled in the same

manner as the original appointment for the unexpired portion of the

term.

(c) The presiding officer of the commission shall designate

one member of the
board
[
committee
] as the presiding officer
to

serve a two-year term
.

(d) Each appointment to the
board
[
committee
] shall be made

without regard to the race, color, disability, sex, religion, age,

or national origin of the appointee.

(e) Section 2110.008, Government Code, does not apply to the

board
[
committee
].

Sec. 1151.0511. PUBLIC MEMBER ELIGIBILITY. A person may

not be a public member of the
board
[
committee
] if the person or the

person's spouse:

(1) is registered, certified, or licensed by a

regulatory agency in the field of property tax appraisal,

assessment, or collection;

(2) is employed by or participates in the management

of a business entity or other organization regulated by or

receiving money from the department;

(3) owns or controls, directly or indirectly, more

than a 10 percent interest in a business entity or other

organization regulated by or receiving money from the department;

(4) uses or receives a substantial amount of tangible

goods, services, or money from the department other than

compensation or reimbursement authorized by law for
board

[
committee
] membership, attendance, or expenses; or

(5) at any time has served on an appraisal review

board.

Sec. 1151.0512. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a)

In this section, "Texas trade association" means a cooperative and

voluntarily joined statewide association of business or

professional competitors in this state designed to assist its

members and its industry or profession in dealing with mutual

business or professional problems and in promoting their common

interest.

(b) A person may not be a member of the
board
[
committee
] if:

(1) the person is an officer, employee, or paid

consultant of a Texas trade association in the field of property tax

appraisal, assessment, or collection; or

(2) the person's spouse is an officer, manager, or paid

consultant of a Texas trade association in the field of property tax

appraisal, assessment, or collection.

(c) A person may not be a member of the
board
[
committee
] if

the person or the person's spouse is required to register as a

lobbyist under Chapter 305, Government Code, because of the

person's activities for compensation on behalf of a profession

related to the operation of the
board
[
committee
] or the

department.

Sec. 1151.052. TERMS.
Board
[
Committee
] members serve

staggered
six-year terms[
, with the terms of one or two members

expiring on March 1 of each odd-numbered year
].

Sec. 1151.055. COMPENSATION; REIMBURSEMENT. [
(a)
] A
board

[
committee
] member may not receive compensation for the member's

services.

SECTION 27. The heading to Subchapter C, Chapter 1151,

Occupations Code, is amended to read as follows:

SUBCHAPTER C. DUTIES OF COMMISSION, EXECUTIVE DIRECTOR,

DEPARTMENT, AND ADVISORY
BOARD
[
COMMITTEE
]

SECTION 28. Section 1151.101, Occupations Code, is amended

to read as follows:

Sec. 1151.101. FEES. The commission, with the advice of the

board
[
committee
], shall establish fees under this chapter in

amounts reasonable and necessary to cover the costs of

administering the programs and activities under this chapter.

SECTION 29. Section 1151.108, Occupations Code, is amended

to read as follows:

Sec. 1151.108.
BOARD
[
COMMITTEE
] DUTIES. The
board

[
committee
] shall:

(1) recommend to the commission rules and standards

regarding technical issues relating to tax professionals;

(2) provide advice to the commission regarding

continuing education courses and curricula for registrants;

(3) provide advice to the commission regarding the

contents of any examination required by the commission under this

chapter; and

(4) educate, and respond to questions from, the

commission and the department regarding issues affecting tax

professionals.

SECTION 30. Subchapter C, Chapter 1152, Occupations Code,

is amended to read as follows:

SUBCHAPTER C. PROPERTY TAX CONSULTANTS ADVISORY
BOARD
[
COUNCIL
]

Sec. 1152.101. DEFINITION. In this subchapter,
"board"

[
"council"
] means the Property Tax Consultants Advisory
Board

[
Council
].

Sec. 1152.102.
BOARD
[
COUNCIL
] MEMBERSHIP. (a) The
board

[
council
] is composed of seven members appointed by the presiding

officer of the commission, with the commission's approval.

(b) The presiding officer of the commission may appoint not

more than two members who are qualified for an exemption under

Section 1152.002(a)(3).

(c) Except as provided by Subsection (d), each person

appointed for membership on the
board
[
council
] must:

(1) be a registered senior property tax consultant;

(2) be a member of a nonprofit and voluntary trade

association:

(A) whose membership consists primarily of

persons who perform property tax consulting services in this state

or who engage in property tax management in this state for other

persons;

(B) that has written experience and examination

requirements for membership; and

(C) that subscribes to a code of professional

conduct or ethics;

(3) be a resident of this state for the five years

preceding the date of the appointment; and

(4) have performed or supervised the performance of

property tax consulting services as the person's primary occupation

continuously for the five years preceding the date of the

appointment.

(d) One member of the
board
[
council
] must be a public

member.

Sec. 1152.103. MEMBERSHIP RESTRICTIONS. A person is not

eligible for appointment as a member of the
board
[
council
] if the

person is:

(1) required to register with the secretary of state

under Chapter 305, Government Code;

(2) required to register with the department under

Chapter 1151; or

(3) exempt from the registration requirements imposed

by this chapter, except as provided by Section 1152.102.

Sec. 1152.104. TERMS; VACANCY. (a) Members of the
board

[
council
] serve staggered
six-year
[
three-year
] terms[
, with the

terms of two members expiring on February 1 of each year
].

(b) If a vacancy occurs during a member's term, the

presiding officer of the commission, with the commission's

approval, shall appoint to fill the unexpired part of the term a

replacement who meets the qualifications of the vacated office.

Sec. 1152.105. PRESIDING OFFICER. The presiding officer of

the commission, with the commission's approval, shall appoint a

member of the
board
[
council
] to serve as presiding officer of the

board
[
council
] for two years.

Sec. 1152.106. VOTE REQUIRED FOR ACTION. A decision of the

board
[
council
] is not effective unless it receives the affirmative

vote of at least four members.

Sec. 1152.107. COMPENSATION; REIMBURSEMENT. A
board

[
council
] member is not entitled to receive compensation for

serving as a member. A
board
[
council
] member is entitled to

reimbursement for reasonable expenses incurred in performing

duties as a member, subject to applicable limitations in the

General Appropriations Act.

Sec. 1152.108.
BOARD
[
COUNCIL
] POWERS. The
board
[
council
]

shall:

(1) recommend to the commission standards of practice,

conduct, and ethics for registrants to be adopted under this

chapter;

(2) recommend to the commission amounts for the fees

it may set under this chapter;

(3) recommend to the commission contents for the

senior property tax consultant registration examination and

standards of acceptable performance;

(4) assist and advise the commission in recognizing

continuing education programs and educational courses for

registrants; and

(5) advise the commission in establishing educational

requirements for initial applicants.

SECTION 31. Section 1302.201, Occupations Code, is amended

to read as follows:

Sec. 1302.201. ADVISORY BOARD MEMBERSHIP. The air

conditioning and refrigeration contractors advisory board consists

of nine members appointed by the presiding officer of the

commission, with the commission's approval[
, and two ex officio

nonvoting members
]. One member of the advisory board must be a

public member.

SECTION 32. Section 1302.205(a), Occupations Code, is

amended to read as follows:

(a) Appointed advisory board members serve staggered

six-year terms. [
The terms of two appointed members expire on

February 1 of each odd-numbered year.
]

SECTION 33. Section 1305.052(a), Occupations Code, is

amended to read as follows:

(a) Advisory board members serve
staggered
terms of six

years[
, with the terms of three members expiring on February 1 of

each odd-numbered year
].

SECTION 34. Section 1305.053, Occupations Code, is amended

to read as follows:

Sec. 1305.053. PRESIDING OFFICER. The presiding officer of

the commission shall appoint one of the advisory board members to

serve as presiding officer of the advisory board for a term of
two

years
[
one year
]. The presiding officer of the advisory board may

vote on any matter before the advisory board.

SECTION 35. Section 1603.053(a), Occupations Code, is

amended to read as follows:

(a) Members of the advisory board serve staggered six-year

terms[
, with the terms of three members expiring January 31 of each

odd-numbered year
].

SECTION 36. Section 1802.102(a), Occupations Code, is

amended to read as follows:

(a) The advisory board consists of seven members appointed

as follows:

(1) four members who are licensed auctioneers

appointed by the presiding officer of the commission, with the

commission's approval;

(2)
one member who represents an auction school
[
the

administrative head, or the administrative head's designee, of any

state agency or office that is selected by the commission
]; and

(3) two public members.

SECTION 37. Sections 1802.103 and 1802.104, Occupations

Code, are amended to read as follows:

Sec. 1802.103. TERMS; VACANCIES. [
(a)
] Advisory board

members serve
staggered
six-year terms [
that expire on September 1

of each odd-numbered year.

Members may not serve more than two

consecutive terms
]. If a vacancy occurs during [
the term of such
] a

member's term
[
member
], the presiding officer of the commission,

with the commission's approval, shall appoint a replacement to

serve for the remainder of the term.

Sec. 1802.104. PRESIDING OFFICER. The presiding officer of

the commission, with the commission's approval, shall appoint a

member of the advisory board to serve as presiding officer of the

board. The presiding officer
shall serve a term of
[
serves for
] two

years [
and may not serve more than two consecutive terms
].

SECTION 38. Section 1901.001(3), Occupations Code, is

amended to read as follows:

(3)
"Board"
[
"Council"
] means the Texas Water Well

Drillers Advisory
Board
[
Council
].

SECTION 39. The heading to Subchapter C, Chapter 1901,

Occupations Code, is amended to read as follows:

SUBCHAPTER C. TEXAS WATER WELL DRILLERS ADVISORY
BOARD
[
COUNCIL
]

SECTION 40. Section 1901.101, Occupations Code, is amended

to read as follows:

Sec. 1901.101.
BOARD
[
COUNCIL
] MEMBERSHIP. (a) The Texas

Water Well Drillers Advisory
Board
[
Council
] consists of nine

members appointed by the presiding officer of the commission, with

the commission's approval, as follows:

(1) six members who are drillers experienced in the

well drilling business and familiar with well drilling, completion,

and plugging methods and techniques; and

(2) three public members.

(b) One member appointed under Subsection (a)(1) must be

selected from the state at large and the remaining five driller

members must be selected from each of the following geographic

areas of the state:

(1) Gulf Coast area;

(2) Trans-Pecos area;

(3) Central Texas area;

(4) Northeast Texas area; and

(5) Panhandle-South Plains area.

(c) Appointments to the
board
[
council
] shall be made

without regard to the race, creed, sex, religion, or national

origin of the appointee.

SECTION 41. Section 1901.102(b), Occupations Code, is

amended to read as follows:

(b) A person is not eligible for appointment as a public

member of the
board
[
council
] if the person or the person's spouse:

(1) is licensed by an occupational regulatory agency

in the field of well drilling; or

(2) is employed by, participates in the management of,

or has, other than as a consumer, a financial interest in a business

entity or other organization related to the field of well drilling.

SECTION 42. Section 1901.103, Occupations Code, is amended

to read as follows:

Sec. 1901.103. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a)

An officer, employee, or paid consultant of a trade association in

the well drilling industry may not be a
board
[
council
] member or an

employee of the department connected with the administration of

this chapter.

(b) A
board
[
council
] member or an employee of the

department connected with the administration of this chapter may

not be related within the second degree by affinity or

consanguinity to a person who is an officer, employee, or paid

consultant of a trade association in the well drilling industry.

(c) A person may not serve as a member of the
board
[
council
]

if the person is required to register as a lobbyist under Chapter

305, Government Code, because of the person's activities on behalf

of a trade or professional association in the well drilling

industry.

SECTION 43. Section 1901.104, Occupations Code, is amended

to read as follows:

Sec. 1901.104. TERMS.
Board
[
Council
] members serve

staggered
six-year terms [
expiring September 15
].

SECTION 44. Section 1901.105, Occupations Code, is amended

to read as follows:

Sec. 1901.105. PRESIDING OFFICER. The presiding officer of

the commission, with the commission's approval, shall appoint a

member of the
board
[
council
] to serve as presiding officer of the

board
[
council
] for two years.

SECTION 45. Section 1901.107, Occupations Code, is amended

to read as follows:

Sec. 1901.107. MEETINGS; QUORUM.
(a)
[
(b)
] The
board

[
council
] shall conduct meetings in compliance with Chapter 551,

Government Code.

(b)
[
(c)
] A majority of the
board
[
council
] constitutes a

quorum.

SECTION 46. Section 1901.108, Occupations Code, is amended

to read as follows:

Sec. 1901.108. REIMBURSEMENT. A
board
[
council
] member may

be reimbursed for travel expenses, including expenses for meals and

lodging. A member is entitled to reimbursement for transportation

expenses as prescribed by the General Appropriations Act.

SECTION 47. Section 1901.109, Occupations Code, is amended

to read as follows:

Sec. 1901.109.
BOARD
[
COUNCIL
] POWERS AND DUTIES. (a) The

board
[
council
] may propose rules for adoption by the commission

relating to the regulation of drillers registered under this

chapter.

(b) The
board
[
council
] shall advise the department on the

contents of licensing examinations.

(c) The
board
[
council
] may:

(1) recommend standards for continuing education

programs, including standards relating to:

(A) the qualifications of program providers and

instructors; and

(B) the amount of program fees; and

(2) recommend topics to be covered in a continuing

education course.

(d) The
board
[
council
] shall assist the commission in

evaluating continuing education programs.

SECTION 48. Section 1902.001(3), Occupations Code, is

amended to read as follows:

(3)
"Board"
[
"Council"
] means the Texas Water Well

Drillers Advisory
Board
[
Council
].

SECTION 49. Section 1902.251, Occupations Code, is amended

to read as follows:

Sec. 1902.251. INSTALLING AND REPAIRING PUMPS. An

installer shall install or repair pumps under standards and

procedures adopted by the commission with the advice of the
board

[
council
].

SECTION 50. Section 1952.055, Occupations Code, is amended

to read as follows:

Sec. 1952.055. ADVISORY
BOARD
[
COMMITTEE
]. The department

may establish an advisory
board
[
committee
] to provide advice and

recommendations to the department on technical matters relevant to

the administration of this chapter.

SECTION 51. Section 1953.0512, Occupations Code, is amended

to read as follows:

Sec. 1953.0512. ADVISORY
BOARD
[
COMMITTEE
]. The department

may establish an advisory
board
[
committee
] to provide advice and

recommendations to the department on technical matters relevant to

the administration of this chapter.

SECTION 52. Section 1958.032(a), Occupations Code, is

amended to read as follows:

(a) Members of the advisory board serve staggered six-year

terms[
, with the terms of three or four members expiring on February

1 of each odd-numbered year
].

SECTION 53. Section 1958.033, Occupations Code, is amended

to read as follows:

Sec. 1958.033. PRESIDING OFFICER. The presiding officer of

the commission, with the approval of the commission, shall appoint

one of the advisory board members to serve as presiding officer of

the advisory board for a term of
two years
[
one year
].

SECTION 54. Section 2308.051(a), Occupations Code, is

amended to read as follows:

(a) The advisory board consists of
nine
[
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 of a vehicle storage facility

located in a county with a population of less than one million;

(4) one representative of a vehicle storage facility

located in a county with a population of one million or more;

(5) one parking facility representative;

(6) one peace officer from a county with a population

of less than one million;

(7) one peace 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 automobile

insurance in this state; and

(9) one person who operates both a towing company and a

vehicle storage facility.

SECTION 55. Section 2308.052(a), Occupations Code, is

amended to read as follows:

(a) Advisory board members serve
staggered
terms of six

years[
, with the terms of two or three members, as appropriate,

expiring on February 1 of each odd-numbered year
].

SECTION 56. Section 2308.053, Occupations Code, is amended

to read as follows:

Sec. 2308.053. PRESIDING OFFICER. The presiding officer of

the commission shall appoint one of the advisory board members to

serve as presiding officer of the advisory board for a term of
two

years
[
one year
]. The presiding officer of the advisory board may

vote on any matter before the advisory board.

SECTION 57. Section 2309.052(a), Occupations Code, is

amended to read as follows:

(a) Advisory board members serve
staggered
terms of six

years[
, with the terms of one or two members expiring on February 1

of each odd-numbered year
].

SECTION 58. Section 2309.053, Occupations Code, is amended

to read as follows:

Sec. 2309.053. PRESIDING OFFICER. The presiding officer of

the commission shall appoint one of the advisory board members to

serve as presiding officer of the advisory board for a term of
two

years
[
one year
]. The presiding officer of the advisory board may

vote on any matter before the advisory board.

SECTION 59. Section 2310.033(a), Occupations Code, is

amended to read as follows:

(a) Members of the board serve staggered six-year terms[
,

with the terms of three or four members expiring on February 1 of

each odd-numbered year
].

SECTION 60. Section 2310.034, Occupations Code, is amended

to read as follows:

Sec. 2310.034. PRESIDING OFFICER. The presiding officer of

the commission, with the approval of the commission, shall appoint

one of the board members to serve as presiding officer of the board

for a term of
two years
[
one year
].

SECTION 61. Sections 662.0037(c) and (e), Transportation

Code, are amended to read as follows:

(c) The advisory board members serve staggered six-year

terms. [
The terms of three members expire September 1 of each

odd-numbered year.
]

(e) The presiding officer of the commission, on approval of

the commission, shall designate a member of the advisory board to

serve as the presiding officer of the advisory board for
two years

[
a one-year term
]. The presiding officer of the advisory board may

vote on any matter before the advisory board.

SECTION 62. The following provisions of the Occupations

Code are repealed:

(1) Section 506.103(b);

(2) Sections 605.059, 1302.203, and 1302.208;

(3) Section 1305.052(b);

(4) Section 1901.106; and

(5) Sections 2308.052(b) and 2309.052(b).

SECTION 63. This Act takes effect September 1, 2025.

______________________________

______________________________

President of the Senate

Speaker of the House

I hereby certify that S.B. No. 2075 passed the Senate on

May 1, 2025, by the following vote: Yeas 26, Nays 5.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 2075 passed the House on

May 27, 2025, by the following vote: Yeas 96, Nays 46, two

present not voting.

______________________________

Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor