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  The following provisions are repealed:                (1)  Title 9, Agriculture Code;                (2)  Article 42A.511(b), Code of Criminal Procedure;                (3)  Sections 91.001(1),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 holder].          SECTION 8.  Section 91.003, Labor Code, is amended to read as   follows:          Sec. 91.003.  INTERAGENCY COOPERATION. (a) Each state   agency that in performing duties under other law affects the   regulation of professional employer services shall cooperate with   [the department and] other state agencies as necessary to implement   and enforce this chapter.          (b)  In particular, the Texas Workforce Commission, the   division of workers' compensation of the Texas Department of   Insurance, the Department of Assistive and Rehabilitative   Services, and the attorney general's office shall assist in the   implementation of this chapter [and shall provide information to   the department on request].          SECTION 9.  Sections 91.004(a) and (c), Labor Code, are   amended to read as follows:          (a)  This chapter does not exempt a client of a professional   employer organization [license holder], or any covered employee,   from any other license requirements imposed under local, state, or   federal law.          (c)  A professional employer organization [license holder]   is not engaged in the unauthorized practice of an occupation,   trade, or profession that is licensed, certified, or otherwise   regulated by a governmental entity solely by entering into a   professional employer services agreement with a client and covered   employees.          SECTION 10.  Section 91.005, Labor Code, is amended to read   as follows:          Sec. 91.005.  APPLICATION OF CERTAIN PROCUREMENT LAWS. With   respect to a bid, contract, purchase order, or agreement entered   into with the state or a political subdivision of the state, a   client's status or certification as a small, minority-owned,   disadvantaged, or woman-owned business enterprise or as a   historically underutilized business is not affected because the   client has entered into a professional employer services agreement   with [a license holder] or uses the services of a professional   employer organization [license holder].          SECTION 11.  Section 91.006(a), Labor Code, is amended to   read as follows:          (a)  A certificate of insurance coverage or other evidence of   coverage showing that either a professional employer organization   [license holder] or a client maintains workers' compensation   insurance coverage constitutes proof of workers' compensation   insurance coverage for the organization [license holder] and the   client with respect to all covered employees of the organization   [license holder] and the client. The state and a political   subdivision of the state shall accept a certificate of insurance   coverage or other evidence of coverage described by this section as   proof of workers' compensation coverage under Chapter 406.          SECTION 12.  Sections 91.031(a) and (b), Labor Code, are   amended to read as follows:          (a)  A professional employer organization [license holder]   shall establish the terms of a professional employer services   agreement by a written contract between the organization [license   holder] and the client.          (b)  The professional employer organization [license holder]   shall give written notice of the agreement as it affects covered   employees to each covered employee.          SECTION 13.  Section 91.032(a), Labor Code, is amended to   read as follows:          (a)  A professional employer services agreement between a   professional employer organization [license holder] and a client   must provide that the organization [license holder]:                (1)  shares, as provided by Subsection (b), with the   client the right of direction and control over covered employees;                (2)  assumes responsibility for the payment of wages to   the covered employees without regard to payments by the client to   the organization [license holder];                (3)  assumes responsibility for the payment of payroll   taxes and collection of taxes from payroll on covered employees;                (4)  shares, as provided by Subsection (b), with the   client the right to hire, fire, discipline, and reassign the   covered employees; and                (5)  shares, as provided by Subsection (b), with the   client the right of direction and control over the adoption of   employment and safety policies and the management of workers'   compensation claims, claim filings, and related procedures.          SECTION 14.  The heading to Subchapter D, Chapter 91, Labor   Code, is amended to read as follows:   SUBCHAPTER D. POWERS AND DUTIES OF PROFESSIONAL EMPLOYER   ORGANIZATION [LICENSE HOLDER]          SECTION 15.  Section 91.041, Labor Code, is amended to read   as follows:          Sec. 91.041.  EMPLOYEE BENEFIT PLANS; REQUIRED DISCLOSURE;   OTHER REPORTS. (a)  A client and professional employer   organization [license holder] are each considered an employer under   the laws of this state for purposes of sponsoring retirement and   welfare benefit plans for covered employees.          (a-1)  A professional employer organization [license holder]   may sponsor a single welfare benefit plan under which eligible   covered employees of one or more clients may elect to participate.          (a-2)  A fully insured welfare benefit plan offered to the   covered employees of a professional employer organization [license   holder] and provided by an insurance company authorized to provide   that insurance in this state or a self-funded health benefit plan   sponsored by a professional employer organization [license holder]   as provided by Section 91.0411 shall be treated for purposes of   state law as a single employer welfare benefit plan.          (b)  With respect to any insurance or benefit plan provided   by a professional employer organization [license holder] for the   benefit of its assigned employees, the organization [a license   holder] shall disclose the following information to [the   department,] each client[,] and its covered employees:                (1)  the type of coverage;                (2)  the identity of each insurer for each type of   coverage;                (3)  the amount of benefits provided for each type of   coverage and to whom or in whose behalf benefits are to be paid;                (4)  the policy limits on each insurance policy; and                (5)  whether the coverage is fully insured, partially   insured, or fully self-funded.          [(c)  The commission by rule may require a license holder to   file other reports that are reasonably necessary for the   implementation of this chapter.]          SECTION 16.  Sections 91.0411(b), (c), (e), and (f), Labor   Code, are amended to read as follows:          (b)  A professional employer organization [license holder]   may sponsor a benefit plan that is not fully insured if the   organization [license holder] meets the requirements of this   section and is approved to sponsor the plan by the commissioner.          (c)  The commissioner may, on notice and opportunity for all   interested persons to be heard, adopt rules and issue orders   reasonably necessary to augment and implement the regulation of   benefit plans sponsored by a professional employer organization   [license holder] that are not fully insured. The commissioner may   not adopt a rule that requires clients or covered employees to be   members of an association or group in the same trade or industry in   order to be covered by a [license holder-sponsored] benefit plan   that is not fully insured. The rules must include all requirements   that must be met by the organization [license holder] and the plan,   including:                (1)  initial and final approval requirements;                (2)  authority to prescribe forms and items to be   submitted to the commissioner by the organization [license holder];                (3)  a fidelity bond;                (4)  use of an independent actuary;                (5)  use of a third-party administrator;                (6)  authority for the commissioner to examine an   application or a plan;                (7)  the minimum number of clients and covered   employees covered by the plan;                (8)  standards for those natural persons managing the   plan;                (9)  the minimum amount of gross contributions;                (10)  the minimum amount of written commitment, binder,   or policy for stop-loss insurance;                (11)  the minimum amount of reserves; and                (12)  a fee in an amount reasonable and necessary to   defray the costs of administering this section to be deposited to   the credit of the operating fund of the Texas Department of   Insurance.          (e)  Each professional employer organization [license   holder] under this section shall appoint the commissioner as its   resident agent for purposes of service of process. The fee for that   service is $50, payable at the time of appointment.          (f)  The commissioner may examine the affairs of any plan and   shall have access to the records of the plan. The commissioner may   examine under oath a manager or employee of the professional   employer organization [license holder] in connection with the plan.          SECTION 17.  Sections 91.042(a), (a-1), (b), (c), (d), (e),   (g), (h), and (i), Labor Code, are amended to read as follows:          (a)  A professional employer organization [license holder]   or client may elect to obtain workers' compensation insurance   coverage for covered employees through an insurance company as   defined under Section 401.011(28) or through self-insurance as   provided under Chapter 407.          (a-1)  The client and the professional employer organization   shall specify in the professional employer services agreement   whether the parties have elected to obtain workers' compensation   insurance coverage for the covered employees and shall specify   which party must maintain coverage. If the organization [license   holder] maintains workers' compensation insurance coverage for the   client, an individual who is an executive employee, as described by   Section 406.097, of the client is eligible to be treated as an   executive employee for premium calculation and classification   purposes. A copy of the professional employer services agreement   must be provided to the Texas Department of Insurance on request.   Information obtained by the Texas Department of Insurance under   this section is confidential and not subject to disclosure under   Chapter 552, Government Code.          (b)  If a professional employer organization [license   holder] maintains workers' compensation insurance coverage for   covered employees, the organization [license holder] shall pay   workers' compensation insurance premiums for the covered employees   based on the experience rating of the client for the first two years   the covered employees are covered under the [professional employer]   organization's policy and as further provided by rule by the Texas   Department of Insurance.          (c)  For workers' compensation insurance purposes, a   professional employer organization [license holder] and the   organization's [license holder's] client shall be coemployers. If   either a professional employer organization [license holder] or a   client elects to obtain workers' compensation insurance coverage   for covered employees, the client and the organization [license   holder] are subject to Sections 406.005, 406.034, 408.001, and   411.032.          (d)  If a professional employer organization [license   holder] or a client does not elect to obtain workers' compensation   insurance coverage for covered employees, both the organization   [license holder] and the client are subject to Sections 406.004,   406.005, 406.033, and 411.032.          (e)  After the expiration of the two-year period under   Subsection (b), if the client elects to obtain workers'   compensation insurance coverage for covered employees through   coverage maintained by the client, or if the professional employer   services agreement is terminated and the client elects to maintain,   through coverage maintained by the client or through coverage   maintained by a successor professional employer organization,   workers' compensation insurance coverage for employees previously   covered by the former professional employer organization's policy,   the premium for the workers' compensation insurance coverage for   the client shall be based on the lower of:                (1)  the experience modifier of the client before being   covered under the professional employer organization's coverage;   or                (2)  the experience modifier of the former professional   employer organization [license holder] at the time the client's   coverage under the professional employer organization's coverage   is terminated.          (g)  On the written request of a client, a professional   employer organization [license holder] that elects to provide   workers' compensation insurance for covered employees shall   provide to the client a list of:                (1)  claims associated with that client made against   the organization's [license holder's] workers' compensation policy;   and                (2)  payments made and reserves established on each   claim.          (h)  The professional employer organization [license holder]   shall provide the information described by Subsection (g) in   writing from the organization's [license holder's] own records, if   the organization [license holder] is a qualified self-insurer, or   from information the organization [license holder] received from   the organization's [license holder's] workers' compensation   insurance provider following the organization's [license holder's]   request under Section 2051.151, Insurance Code, not later than the   60th day after the date the organization [license holder] receives   the client's written request. For purposes of this subsection,   information is considered to be provided to the client on the date   the information is:                (1)  received by the United States Postal Service; or                (2)  personally delivered to the client.          (i)  A professional employer organization [license holder]   that fails to comply with Subsection (g) or (h) commits a Class D   administrative violation as provided by Section 415.011.          SECTION 18.  Section 91.044, Labor Code, is amended to read   as follows:          Sec. 91.044.  UNEMPLOYMENT TAXES; PAYROLL. (a) A   professional employer organization [license holder] is the   employer of a covered employee for purposes of Subtitle A, Title 4,   and, except for wages subject to Section 91.032(c), for purposes of   Chapter 61.          (a-1)  A professional employer organization [license holder]   may, in a calendar year during which an employee becomes a covered   employee of the organization [license holder], apply toward the   maximum amount of taxable wages established in Section 201.082(1)   any wages paid to the employee in that calendar year by:                (1)  the client; or                (2)  another professional employer organization   [license holder] under a prior professional employer services   agreement with that client.          (a-2)  In addition to any other reports required to be filed   by law, a professional employer organization [license holder] shall   report quarterly to the Texas Workforce Commission on a form   prescribed by the Texas Workforce Commission the name, address,   telephone number, federal income tax identification number, and   classification code according to the North American Industry   Classification System of each client.          (b)  For purposes of Subtitle A, Title 4, in the event of the   termination of a contract between a professional employer   organization [license holder] and a client or the failure by a   professional employer organization to submit reports or make tax   payments as required by that subtitle, the contracting client shall   be treated as a new employer without a previous experience record   unless that client is otherwise eligible for an experience rating.          SECTION 19.  Section 91.046, Labor Code, is amended to read   as follows:          Sec. 91.046.  CONTRACTUAL DUTIES. Each professional   employer organization [license holder] is responsible for the   organization's [license holder's] contractual duties and   responsibilities to manage, maintain, collect, and make timely   payments for:                (1)  insurance premiums;                (2)  benefit and welfare plans;                (3)  other employee withholding; and                (4)  any other expressed responsibility within the   scope of the professional employer services agreement for   fulfilling the duties imposed under this section and Sections   91.032 and[,] 91.047[, and 91.048].          SECTION 20.  Section 91.047, Labor Code, is amended to read   as follows:          Sec. 91.047.  COMPLIANCE WITH OTHER LAWS. Each professional   employer organization [license holder] shall comply with all   appropriate state and federal laws relating to reporting,   sponsoring, filing, and maintaining benefit and welfare plans.          SECTION 21.  Section 91.049, Labor Code, is amended to read   as follows:          Sec. 91.049.  AGENT FOR SERVICE OF PROCESS. Each   professional employer organization [license holder] shall maintain   a registered agent for the service of process in this state.          SECTION 22.  The heading to Subchapter E, Chapter 91, Labor   Code, is amended to read as follows:   SUBCHAPTER E. [PROHIBITED ACTS;] ENFORCEMENT          SECTION 23.  Section 91.062(a), Labor Code, is amended to   read as follows:          (a)  A state agency with duties related to the regulation of   professional employer services [The executive director] may notify   the attorney general of a violation of this chapter. The attorney   general may apply to a district court in Travis County for   permission to file for quo warranto relief, injunctive relief, or   both.          SECTION 24.  Section 415.011, Labor Code, is amended to read   as follows:          Sec. 415.011.  NOTICE OF PROFESSIONAL EMPLOYER ORGANIZATION   WORKERS' COMPENSATION CLAIM AND PAYMENT INFORMATION;   ADMINISTRATIVE VIOLATION.  (a)  In this section, "professional   employer organization" ["license holder"] has the meaning assigned   by Section 91.001.          (a-1)  Except as provided by Subsection (c), a professional   employer organization [license holder] commits a violation if the   organization [license holder] fails to provide the information   required by Sections 91.042(g) and (h).          (b)  A violation under Subsection (a-1) [(a)] is an   administrative violation.          (c)  A professional employer organization [license holder]   does not commit an administrative violation under this section if   the organization [license holder] requested the information   required by Sections 91.042(g) and (h) from the organization's   [license holder's] workers' compensation insurance provider and the   provider does not provide the information to the organization   [license holder] within the required time.  A professional employer   organization [license holder] shall notify the Texas Department of   Insurance of a provider's failure to comply with the requirements   of Section 2051.151, Insurance Code.          SECTION 25.  Section 252.022(a), Local Government Code, is   amended to read as follows:          (a)  This chapter does not apply to an expenditure for:                (1)  a procurement made because of a public calamity   that requires the immediate appropriation of money to relieve the   necessity of the municipality's residents or to preserve the   property of the municipality;                (2)  a procurement necessary to preserve or protect the   public health or safety of the municipality's residents;                (3)  a procurement necessary because of unforeseen   damage to public machinery, equipment, or other property;                (4)  a procurement for personal, professional, or   planning services;                (5)  a procurement for work that is performed and paid   for by the day as the work progresses;                (6)  a purchase of land or a right-of-way;                (7)  a procurement of items that are available from   only one source, including:                      (A)  items that are available from only one source   because of patents, copyrights, secret processes, or natural   monopolies;                      (B)  films, manuscripts, or books;                      (C)  gas, water, and other utility services;                      (D)  captive replacement parts or components for   equipment;                      (E)  books, papers, and other library materials   for a public library that are available only from the persons   holding exclusive distribution rights to the materials; and                      (F)  management services provided by a nonprofit   organization to a municipal museum, park, zoo, or other facility to   which the organization has provided significant financial or other   benefits;                (8)  a purchase of rare books, papers, and other   library materials for a public library;                (9)  paving drainage, street widening, and other public   improvements, or related matters, if at least one-third of the cost   is to be paid by or through special assessments levied on property   that will benefit from the improvements;                (10)  a public improvement project, already in   progress, authorized by the voters of the municipality, for which   there is a deficiency of funds for completing the project in   accordance with the plans and purposes authorized by the voters;                (11)  a payment under a contract by which a developer   participates in the construction of a public improvement as   provided by Subchapter C, Chapter 212;                (12)  personal property sold:                      (A)  at an auction [by a state licensed   auctioneer];                      (B)  at a going out of business sale held in   compliance with Subchapter F, Chapter 17, Business & Commerce Code;                      (C)  by a political subdivision of this state, a   state agency of this state, or an entity of the federal government;   or                      (D)  under an interlocal contract for cooperative   purchasing administered by a regional planning commission   established under Chapter 391;                (13)  services performed by blind or severely disabled   persons;                (14)  goods purchased by a municipality for subsequent   retail sale by the municipality;                (15)  electricity; or                (16)  advertising, other than legal notices.          SECTION 26.  Section 262.024(a), Local Government Code, is   amended to read as follows:          (a)  A contract for the purchase of any of the following   items is exempt from the requirement established by Section 262.023   if the commissioners court by order grants the exemption:                (1)  an item that must be purchased in a case of public   calamity if it is necessary to make the purchase promptly to relieve   the necessity of the citizens or to preserve the property of the   county;                (2)  an item necessary to preserve or protect the   public health or safety of the residents of the county;                (3)  an item necessary because of unforeseen damage to   public property;                (4)  a personal or professional service;                (5)  any individual work performed and paid for by the   day, as the work progresses, provided that no individual is   compensated under this subsection for more than 20 working days in   any three month period;                (6)  any land or right-of-way;                (7)  an item that can be obtained from only one source,   including:                      (A)  items for which competition is precluded   because of the existence of patents, copyrights, secret processes,   or monopolies;                      (B)  films, manuscripts, or books;                      (C)  electric power, gas, water, and other utility   services; and                      (D)  captive replacement parts or components for   equipment;                (8)  an item of food;                (9)  personal property sold:                      (A)  at an auction [by a state licensed   auctioneer];                      (B)  at a going out of business sale held in   compliance with Subchapter F, Chapter 17, Business & Commerce Code;   or                      (C)  by a political subdivision of this state, a   state agency of this state, or an entity of the federal government;                (10)  any work performed under a contract for community   and economic development made by a county under Section 381.004; or                (11)  vehicle and equipment repairs.          SECTION 27.  Section 263.153(c), Local Government Code, is   amended to read as follows:          (c)  A county that contracts with an auctioneer [licensed   under Chapter 1802, Occupations Code,] who uses an Internet auction   site offering online bidding through the Internet to sell surplus   or salvage property under this subchapter having an estimated value   of not more than $500 shall satisfy the notice requirement under   this section by posting the property on the site for at least 10   days unless the property is sold before the 10th day.          SECTION 28.  Section 365.006(g), Local 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 365.003(d) or 365.004(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 29.  Section 1101.005, Occupations Code, is amended   to read as follows:          Sec. 1101.005.  APPLICABILITY OF CHAPTER.  This chapter   does not apply to:                (1)  an attorney licensed in this state;                (2)  an attorney-in-fact authorized under a power of   attorney to conduct not more than three real estate transactions   annually;                (3)  a public official while engaged in official   duties;                (4)  an auctioneer [licensed under Chapter 1802] while   conducting the sale of real estate by auction if the auctioneer does   not perform another act of a broker;                (5)  a person conducting a real estate transaction   under a court order or the authority of a will or written trust   instrument;                (6)  a person employed by an owner in the sale of   structures and land on which structures are located if the   structures are erected by the owner in the course of the owner's   business;                (7)  an on-site manager of an apartment complex;                (8)  an owner or the owner's employee who leases the   owner's improved or unimproved real estate; or                (9)  a transaction involving:                      (A)  the sale, lease, or transfer of a mineral or   mining interest in real property;                      (B)  the sale, lease, or transfer of a cemetery   lot;                      (C)  the lease or management of a hotel or motel;   or                      (D)  the sale of real property under a power of   sale conferred by a deed of trust or other contract lien.          SECTION 30.  Section 1305.102(a), Occupations Code, is   amended to read as follows:          (a)  The commission shall adopt rules for the licensing of   electricians, sign electricians, electrical sign contractors,   electrical contractors, [journeyman industrial electricians,   journeyman linemen,] residential appliance installers, and   residential appliance installation contractors as prescribed by   this chapter.          SECTION 31.  Sections 33.25(b), (f), and (g), Tax Code, are   amended to read as follows:          (b)  The commissioners court of a county by official action   may authorize a peace officer or the collector for the county   charged with selling property under this subchapter by public   auction to enter into an agreement with an auctioneer [a person who   holds an auctioneer's license] to advertise the auction sale of the   property and to conduct the auction sale of the property. The   agreement may provide for on-line bidding and sale.          (f)  The proceeds of a sale of property under this section   shall be applied to:                (1)  any compensation owed to or any expense advanced   by the [licensed] auctioneer under an agreement entered into under   Subsection (b) or a service provider under an agreement entered   into under Subsection (c);                (2)  all usual costs, expenses, and fees of the seizure   and sale, payable to the peace officer conducting the sale;                (3)  all additional expenses incurred in advertising   the sale or in removing, storing, preserving, or safeguarding the   seized property pending its sale;                (4)  all usual court costs payable to the clerk of the   court that issued the tax warrant; and                (5)  taxes, penalties, interest, and attorney's fees   included in the application for warrant.          (g)  The peace officer or [licensed] auctioneer conducting   the sale shall pay all proceeds from the sale to the collector   designated in the tax warrant for distribution as required by   Subsection (f).          SECTION 32.  Section 151.3503(a), Tax Code, is amended to   read as follows:          (a)  The following are exempted from the taxes imposed by   this chapter:                (1)  a service performed by an employee for the   employee's employer in the regular course of business, within the   scope of the employee's duties, and for which the employee is paid   regular wages or salary;                (2)  a service performed by an employee of a temporary   employment service for a host employer to supplement the host   employer's existing work force on a temporary basis, if:                      (A)  the service is normally performed by the host   employer's own employees;                      (B)  the host employer provides all supplies and   equipment necessary to perform the service, other than personal   protective equipment provided by the temporary employment service   pursuant to a federal law or regulation;                      (C)  the host employer does not rent, lease,   purchase, or otherwise acquire for use the supplies and equipment   described by Paragraph (B), other than the personal protective   equipment described by that paragraph, from the temporary   employment service or an entity that is a member of an affiliated   group of which the temporary employment service is also a member;   and                      (D)  the host employer has the sole right to   supervise, direct, and control the work performed by the employee   of the temporary employment service as necessary to conduct the   host employer's business or to comply with any licensing,   statutory, or regulatory requirement applicable to the host   employer; or                (3)  a service performed by covered employees of a   professional employer organization[, either licensed under Chapter   91, Labor Code, or exempt from the licensing requirements of that   chapter,] for a client under a written contract that provides for   shared employment responsibilities between the professional   employer organization and the client for the covered employees,   most of whom must have been previously employed by the client.          SECTION 33.  Section 151.3503(c), Tax Code, is amended by   adding Subdivision (2-a) to read as follows:                (2-a)  "Professional employer organization" has the   meaning assigned by Section 91.001, Labor Code.          SECTION 34.  Section 460.406(c), Transportation Code, is   amended to read as follows:          (c)  The board of directors may authorize the negotiation of   a contract without competitive sealed bids or proposals if:                (1)  the aggregate amount involved in the contract is   less than the greater of:                      (A)  $50,000; or                      (B)  the amount of an expenditure under a contract   that would require a municipality to comply with Section   252.021(a), Local Government Code;                (2)  the contract is for construction for which not   more than one bid or proposal is received;                (3)  the contract is for services or property for which   there is only one source or for which it is otherwise impracticable   to obtain competition, including:                      (A)  items that are available from only one source   because of patents, copyrights, secret processes, or natural   monopolies;                      (B)  gas, water, and other utility services; and                      (C)  captive replacement parts or components for   equipment;                (4)  the contract is to respond to an emergency for   which the public exigency does not permit the delay incident to the   competitive process;                (5)  the contract is for personal, professional, or   planning services;                (6)  the contract, without regard to form and which may   include bonds, notes, loan agreements, or other obligations, is for   the purpose of borrowing money or is a part of a transaction   relating to the borrowing of money, including:                      (A)  a credit support agreement, such as a line or   letter of credit or other debt guaranty;                      (B)  a bond, note, debt sale or purchase, trustee,   paying agent, remarketing agent, indexing agent, or similar   agreement;                      (C)  an agreement with a securities dealer,   broker, or underwriter; and                      (D)  any other contract or agreement considered by   the board of directors to be appropriate or necessary in support of   the authority's financing activities;                (7)  the contract is for work that is performed and paid   for by the day as the work progresses;                (8)  the contract is for the lease or purchase of an   interest in land;                (9)  the contract is for the purchase of personal   property sold:                      (A)  at an auction [by a state licensed   auctioneer];                      (B)  at a going out of business sale held in   compliance with Subchapter F, Chapter 17, Business & Commerce Code;   or                      (C)  by a political subdivision of this state, a   state agency, or an entity of the federal government;                (10)  the contract is for services performed by persons   who are blind or have severe disabilities;                (11)  the contract is for the purchase of electricity;                (12)  the contract is one for an authority project and   awarded for alternate project delivery using the procedures,   requirements, and limitations under Subchapters E, F, G, H, and I,   Chapter 2269, Government Code; or                (13)  the contract is for fare enforcement officer   services under Section 460.1092.          SECTION 35.  Sections 503.024(b) and (d), Transportation   Code, are amended to read as follows:          (b)  For the purposes of Section 503.021, a person is not   engaging in business as a dealer by:                (1)  selling or offering to sell, if the sale or offer   is not made to avoid a requirement of this chapter, a vehicle the   person acquired for personal or business use to:                      (A)  a person other than a retail buyer if not sold   or offered through an [a licensed] auctioneer; or                      (B)  any person if the sale or offer is made   through an [a licensed] auctioneer;                (2)  selling, in a manner provided by law for the forced   sale of vehicles, a vehicle in which the person holds a security   interest;                (3)  acting under a court order as a receiver, trustee,   administrator, executor, guardian, or other appointed person;                (4)  selling a vehicle the person acquired from the   vehicle's owner as a result of paying an insurance claim if the   person is an insurance company;                (5)  selling an antique passenger car or truck that is   at least 25 years of age; or                (6)  selling a special interest vehicle that is at   least 12 years of age if the person is a collector.          (d)  For the purposes of Section 503.021, an [a licensed]   auctioneer is not engaging in business as a dealer by, as a bid   caller, selling or offering to sell property, including a business   that holds the title to any number of vehicles, to the highest   bidder at a bona fide auction if:                (1)  legal or equitable title does not pass to the   auctioneer;                (2)  the auction is not held to avoid a requirement of   this chapter; and                (3)  for an auction of vehicles owned legally or   equitably by a person who holds a general distinguishing number,   the auction is conducted at the location for which the general   distinguishing number was issued.          SECTION 36.  Article 42A.511, Code of Criminal Procedure, as   amended by this Act, applies to a defendant placed on community   supervision on or after the effective date of this Act, regardless   of whether the offense for which the defendant was placed on   community supervision was committed before, on, or after the   effective date of this Act.          SECTION 37.  On the effective date of this Act:                (1)  the Auctioneer Advisory Board is abolished; and                (2)  money in the auctioneer education and recovery   fund is transferred to the general revenue fund.          SECTION 38.  On the effective date of this Act, a pending   regulatory action, including a complaint investigation,   disciplinary action, or administrative penalty proceeding, of the   Texas Department of Licensing and Regulation with respect to a   license, permit, or certification issued under a law repealed by   this Act, is terminated.          SECTION 39.  On the effective date of this Act, a license,   permit, or certification issued under a law repealed by this Act   expires.          SECTION 40.  This Act takes effect September 1, 2025.