HB1817 - Relating to the deregulation of certain activities and occupations.

  89R1291 JDK-D     By: Harrison H.B. No. 1817       A BILL TO BE ENTITLED   AN ACT   relating to the deregulation of certain activities and occupations.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The following provisions are repealed:                (1)  Title 9, Agriculture Code;                (2)  Article 42A.511(b), Code of Criminal Procedure;                (3)  Sections 91.001(1), (2-a), (4), (8), (8-a), (11),   and (18), Labor Code;                (4)  Section 91.002, Labor Code;                (5)  Section 91.008, Labor Code;                (6)  Subchapter B, Chapter 91, Labor Code;                (7)  Section 91.045, Labor Code;                (8)  Section 91.048, Labor Code;                (9)  Section 91.061, Labor Code;                (10)  Chapter 802, Occupations Code;                (11)  Sections 1305.002(11-b) and (12), Occupations   Code;                (12)  Section 1305.1601, Occupations Code;                (13)  Section 1305.1605, Occupations Code;                (14)  Section 1305.162(e), Occupations Code; and                (15)  Chapter 1802, Occupations Code.          SECTION 2.  Section 22.001(1), Business & Commerce Code, is   amended to read as follows:                (1)  "Auction company" means a person who engages in   the business of arranging, managing, sponsoring, advertising, or   conducting auctions  [ has the meaning assigned by Section 1802.001,   Occupations Code ].          SECTION 3.  Articles 18.19(c), (d), and (e), Code of   Criminal Procedure, are amended to read as follows:          (c)  If there is no prosecution or conviction for an offense   involving the weapon seized, the magistrate to whom the seizure was   reported shall, before the 61st day after the date the magistrate   determines that there will be no prosecution or conviction, notify   in writing the person found in possession of the weapon that the   person is entitled to the weapon upon written request to the   magistrate. The magistrate shall order the weapon returned to the   person found in possession before the 61st day after the date the   magistrate receives a request from the person. If the weapon is not   requested before the 61st day after the date of notification, the   magistrate shall, before the 121st day after the date of   notification, order the weapon destroyed, sold at public sale by   the law enforcement agency holding the weapon or by an auctioneer   [ licensed under Chapter 1802, Occupations Code ], or forfeited to   the state for use by the law enforcement agency holding the weapon   or by a county forensic laboratory designated by the magistrate. If   the magistrate does not order the return, destruction, sale, or   forfeiture of the weapon within the applicable period prescribed by   this subsection, the law enforcement agency holding the weapon may   request an order of destruction, sale, or forfeiture of the weapon   from the magistrate. Only a firearms dealer licensed under 18   U.S.C. Section 923 may purchase a weapon at public sale under this   subsection. Proceeds from the sale of a  seized weapon under this   subsection shall be transferred, after the deduction of court costs   to which a district court clerk is entitled under Article 59.05(f),   followed by the deduction of auction costs, to the law enforcement   agency holding the weapon.          (d)  A person either convicted or receiving deferred   adjudication under Chapter 46, Penal Code, is entitled to the   weapon seized upon request to the court in which the person was   convicted or placed on deferred adjudication. However, the court   entering the judgment shall order the weapon destroyed, sold at   public sale by the law enforcement agency holding the weapon or by   an auctioneer [ licensed under Chapter 1802, Occupations Code ],  or   forfeited to the state for use by the law enforcement agency holding   the weapon or by a county forensic laboratory designated by the   court if:                (1)  the person does not request the weapon before the   61st day after the date of the judgment of conviction or the order   placing the person on deferred adjudication;                (2)  the person has been previously convicted under   Chapter 46, Penal Code;                (3)  the weapon is one defined as a prohibited weapon   under Chapter 46, Penal Code;                (4)  the offense for which the person is convicted or   receives deferred adjudication was committed in or on the premises   of a playground, school, video arcade facility, or youth center, as   those terms are defined by Section 481.134, Health and Safety Code;   or                (5)  the court determines based on the prior criminal   history of the defendant or based on the circumstances surrounding   the commission of the offense that possession of the seized weapon   would pose a threat to the community or one or more individuals.          (e)  If the person found in possession of a weapon is   convicted of an offense involving the use of the weapon, before the   61st day after the date of conviction the court entering judgment of   conviction shall order destruction of the weapon, sale at public   sale by the law enforcement agency holding the weapon or by an   auctioneer [ licensed under Chapter 1802, Occupations Code ],  or   forfeiture to the state for use by the law enforcement agency   holding the weapon or by a county forensic laboratory designated by   the court. If the court entering judgment of conviction does not   order the destruction, sale, or forfeiture of the weapon within the   period prescribed by this subsection, the law enforcement agency   holding the weapon may request an order of destruction, sale, or   forfeiture of the weapon from a magistrate. Only a firearms dealer   licensed under 18 U.S.C. Section 923 may purchase a weapon at public   sale under this subsection. Proceeds from the sale of a seized   weapon under this subsection shall be transferred, after the   deduction of court costs to which a district court clerk is entitled   under Article 59.05(f), followed by the deduction of auction costs,   to the law enforcement agency holding the weapon.          SECTION 4.  Article 42A.511(a), Code of Criminal Procedure,   is amended to read as follows:          (a)  If a judge grants community supervision to a defendant   convicted of an offense under Section 42.09, 42.091, 42.092, or   42.10, Penal Code, the judge may require the defendant to[ :                [ (1)     complete an online responsible pet owner course   approved and certified by the Texas Department of Licensing and   Regulation; or                [ (2) ]  attend a responsible pet owner course sponsored   by a municipal animal shelter, as defined by Section 823.001,   Health and Safety Code, that:                 (1)  [ (A) ]  receives federal, state, county, or   municipal funds; and                 (2)  [ (B) ]  serves the county in which the court is   located.          SECTION 5.  Section 411.093(a), Government Code, is amended   to read as follows:          (a)  The Texas Department of Licensing and Regulation is   entitled to obtain criminal history record information as provided   by Subsection (b) that relates to:                (1)  an applicant for or the holder of:                      (A)  a driver education instructor license under   Chapter 1001, Education Code;                      (B)  a license under Chapter 202, Occupations   Code;                      (C)  a license under Chapter 401, Occupations   Code;                      (D)  a license under Chapter 402, Occupations   Code; or                      (E)  an instructor license or motorcycle school   license under Chapter 662, Transportation Code; or                (2)  [ a person who is:                      [ (A)     an applicant for or the holder of a license   under Chapter 91, Labor Code; or                      [ (B)     a controlling person, as defined by Chapter   91, Labor Code, of an entity described by Paragraph (A); or                [ (3) ]  a person who:                      (A)  is an applicant for or the holder of a license   under Chapter 455, Occupations Code; or                      (B)  has an interest described under Section   455.1525(e), Occupations Code, in an entity described by Paragraph   (A).          SECTION 6.  Section 2165.456(g), Government Code, is amended   to read as follows:          (g)  If a person may legally possess the weapon in this   state:                (1)  the forfeited weapon may be sold at public sale by   an auctioneer [ licensed under Chapter 1802, Occupations Code ]; or                (2)  the law enforcement agency holding the weapon may   release the weapon to another person if:                      (A)  the person:                            (i)  claims a right to or interest in the   weapon and provides an affidavit confirming that the person wholly   or partly owns the weapon or otherwise has a right to or interest in   the weapon; or                            (ii)  is an alternate person designated by   the person under Section 2165.453(d) or 2165.454(c)(4); and                      (B)  for a weapon that is a firearm, the law   enforcement agency conducts a check of state and national criminal   history record information and verifies that the person may   lawfully possess a firearm under 18 U.S.C. Section 922(g).          SECTION 7.  Section 91.001(3), Labor Code, is amended to   read as follows:                (3)  "Client" means any person who enters into a   professional employer services agreement with a professional   employer organization [ license [Text truncated for display. Full text available on Congress.gov.]