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  The following provisions are repealed: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.