TDLR 2021 Media Guide

2021 Media Guide

TEXAS DEPARTMENT OF LICENSING & REGULATION

Media Guide

For information on the Texas Department of Licensing and Regulation and the programs it regulates, please contact: Tela Mange, Public Information Officer media.inquiries@tdlr.texas.gov Phone: 512-463-3208 Open Records Requests

Goals 1. Fully implement and administer the recommendations resulting from the Sunset review process 2. Improve efficiencies, streamline rules, and decrease regulatory burdens by removing redundancies and eliminating process bottlenecks for all TDLR programs 3. Focus the agency’s regulatory and educational outreach efforts on protecting public health and safety, combating human trafficking, and preventing consumer harm 4. Position TDLR to respond effectively to the next pandemic, natural disaster, or crisis 5. Continue to streamline and improve administration of and services for programs transferred to TDLR

TEXAS DEPARTMENT OF LICENSING & REGULATION

Table of Contents TDLR at a glance....................................................................................................................4 Professional Employer Organization at a glance ����������������������������������61 Air Conditioning & Refrigeration Contractors at a glance. �������������6 Podiatric Medicine at a glance..............................................................................62 Athletic Trainers at a glance.......................................................................................8 Polygraph Examiners at a glance.......................................................................64 Auctioneers at a glance................................................................................................10 Property Tax Consultants at a glance..............................................................66 Barbering at a glance...................................................................................................... 11 Property Tax Professionals at a glance ��������������������������������������������������������68 Behavior Analysts at a glance................................................................................. 13 Registered Accessibility Specialist at a glance �������������������������������������69 Boiler Safety at a glance..............................................................................................14 Removing Barriers for Out-of-State Licensees at a glance................70 Combative Sports at a glance.................................................................................15 Sanitarians at a glance...................................................................................................71 Combative Sports Officiating at a glance.......................................................17 Service Contract Providers at a glance ���������������������������������������������������������73 Licensed Breeders at a glance...............................................................................19 Speech-Language Pathologists & Audiologists at a glance ������������������75 Code Enforcement Officers at a glance...........................................................21 TDLR Military Outreach at a glance....................................................................77 Continuing Education Providers at a glance.............................................23 TDLR Offers Second Chances at a glance ����������������������������������������������������78 Cosmetology at a glance............................................................................................ 24 Transportation Network Companies at a glance �����������������������������������79 Criminal History Evaluation at a glance........................................................26 Towing at a glance............................................................................................................80 Driver Education & Safety at a glance............................................................28 Used Automotive Parts Recyclers at a glance ����������������������������������������82 Dietitians at a glance......................................................................................................30 Vehicle Storage Facilities at a glance.............................................................83 Dyslexia Therapy at a glance..................................................................................32 Water Well Drillers & Pump Installers at a glance.. ����������������������������85 Elimination of Architectural Barriers at a glance..................................34 Weather Modification at a glance.......................................................................86 Electricians at a glance................................................................................................36 Elevators, Escalators & Related Equipment at a glance ����������������38 Air Conditioning Repair Consumer Protection ������������������������������������������ 87 Motor Fuel Metering & Quality at a glance.................................................40 Licensed Breeders Consumer Protection �����������������������������������������������������89 Hearing Instrument Fitters & Dispensers at a glance ���������������������42 Parent-Taught Driver Education: The Process �����������������������������������������90 TDLR Human Trafficking Response at a glance......................................44 Electricians Consumer Protection.........................................................................91 Industrialized Housing and Buildings at a glance................................46 Elevators Consumer Protection..............................................................................92 Laser Hair Removal at a glance............................................................................48 Motor Fuel Metering & Quality Consumer Protection.........................94 Massage Therapy at a glance.................................................................................50 Massage Consumer Protection...............................................................................96 Midwives at a glance......................................................................................................52 Mold Remediation Consumer Protection... �����������������������������������������������������97 Mold Assessors & Remediators at a glance..............................................53 Cosmetology Consumer Protection....................................................................99 Motorcycle & ATV Operator Safety Program at a glance ��������������55 Towing Consumer Protection...................................................................................101 Court-Ordered Education Programs at a glance....................................57 Water Well Drilling & Orthotists & Prosthetists at a glance..............................................................59 Pump Installation Consumer Protection.......................................................103

TEXAS DEPARTMENT OF LICENSING & REGULATION TDLR AT A GLANCE Statutes: Chapter 51, Occupations Code

Rules: Title 16 T.A.C. Chapter 55; Title 16 T.A.C. Chapter 60 Overview: The Texas Department of Licensing and Regulation (TDLR) licenses and regulates a broad range of occupations, businesses, facilities, and equipment in Texas. Chapter 51 of the Texas Occupations Code establishes TDLR and its responsibilities.

TDLR’s philosophy is that smaller, smarter government—that is efficient, innovative, and minimizes interference with the business affairs of licensees—best serves the citizens of Texas.

Programs Regulated: 40 License Types: 219 Number of Licensees: 808,889 Full-time Employees (Beginning 9/1/19): 555

competent professionals. Employees conduct inspections, enforce regulations, develop examinations, provide specialized technical expertise, and deliver outstanding customer service, in addition to performing countless other tasks and modeling “next best practices” that keep the agency operating efficiently.

The agency’s employees strive to protect the health and safety of all Texans and ensure they are served by qualified and

TDLR’s range of responsibilities continues to expand, from 24 programs in 2015 to 40 programs in 2020. During that same period, TDLR’s licensee population grew from more than 652,000 individuals and businesses to more than 808,889 today.

Programs Regulated

Programs Regulated

Air Conditioning/Refrigeration Architectural Barriers Athletic Trainers Auctioneers Barbering Behavior Analysts Boiler Safety Code Enforcement Officers Combative Sports Continuing Education Providers Costmetologists Court-Ordered Education Program Dietitians Driver Education & Safety Dyslexia Therapy Electricians Elevator / Escalator Safety Fuel Metering & Quality Hearing Instrument Fitters & Dispensers Industrialized Housing & Buildings Laser Hair Removal Licensed Breeders Massage Therapy Midwives

Licensees

48,265 21,971 4,068 2,331 34,556 2,464 53,864 3,484 1,809 2,108 319,635 3,484 6,341 3,233 994 157,850 35,366 226,608 838 715 3,069 158 28,820 325

Mold Assessors & Remediators Motorcycle and ATV Operator Safety Orthotists & Prosthetists Podiatric Medicine Polygraph Examiners Professional Employer Organizations Property Tax Consultants Property Tax Professionals Sanitarians Service Contract Providers Speech-Language Pathologists & Audiologists Towing Transportation Network Companies Used Automotive Parts Recyclers Vehicle Storage Facilities Water Well Drillers & Pump Installers Weather Modification

Licensees

4,288 821 906 1,568 257 372 1,862 3,676 1,270 358 22,223 29,660 13 681 4,408 2,136 12

TDLR AT A GLANCE

The Texas Commission on Licensing and Regulation has 7 members appointed by the Governor of Texas, each serving staggered 6-year terms.

Each member of the commission is a member of the general public. A person is not eligible for appointment as a member of the commission if the person or their spouse: is regulated by the department; is employed by or manages a business entity or other organization regulated by or receiving funds from the department; owns or controls, directly or indirectly, more than a 10-percent interest in a business entity or other organization regulated by or receiving funds from the department; uses or receives a substantial amount of tangible goods, services, or funds from the department, other than compensation or reimbursement authorized by law for commission membership, attendance, or expenses; or is an employee of the department.

Advisory Boards TDLR’s advisory boards consist of licensees, representatives from regulated businesses and industries, members of the public, and other professionals.

Advisory board members provide important technical knowledge and industry expertise and give the Commission and TDLR staff real-world insight. Input from each advisory board is critical in helping TDLR effectively carry out our mission and achieve our vision. Commission members also attend and participate in advisory board meetings to better understand our regulated occupations and industries, increase knowledge-sharing, and ensure open lines of communication.

For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

TDLR AAG FORM-009 Nov. 2020

TEXAS DEPARTMENT OF LICENSING & REGULATION AIR CONDITIONING & REFRIGERATION CONTRACTORS AT A GLANCE

Statutes: Chapter 1302, Occupations Code Number of Licenses: 48,265 (FY 20) Rules: Title 16 T.A.C. Chapter 75 Practice Act? Yes Licenses Title Act? Yes

Contractors

A person who offers to provide air conditioning and refrigeration (ACR) contracting services in Texas must hold an air conditioning and refrigeration contractor license. “Air conditioning and refrigeration contracting” means performing or offering to perform the design, installation, construction, repair, maintenance, service, or modification of equipment or a product in an environmental air conditioning system, a commercial refrigeration system, or a process cooling or heating system.

Contractor Contractor Renewal Certified Technician Certified Technician Renewal Registered Technician Registered Technician Renewal

Fees $115 $65 $50 $35 $20 $20

An ACR contracting company must employ a license holder who holds Technicians an appropriate license assigned to that company in each permanent Anyone working as an ACR technician must be registered or certified by location. If the company doesn’t employ a license holder as required TDLR. An air conditioning and refrigeration technician must be supervised at the time a contract for ACR services is signed, it cannot collect a by an air conditioning and refrigeration contractor licensed by TDLR. fee or enforce the contract.

To obtain an ACR technician registration you must: TDLR issues Class A and Class B ACR contractor licenses. ● be at least 18 years old. ● The Class A license allows you to work on any size unit. ● pass a criminal background check ● The Class B license allows you to work on cooling systems of 25 ● submit a $20 application fee tons and under, and heating systems of 1.5 million BTUs/hour Note: an applicant for a technician registration is not required to have and under. practical experience or to take an examination to obtain the registration.

To obtain an ACR contractor license you must: To obtain an ACR technician certification you must: ● be at least 18 years old ● be at least 18 years old; ● have at least 48 months of practical experience in air conditioning ● have completed a certification training program in the preceding and refrigeration work under the supervision of a licensed 48 months; or air conditioning and refrigeration contractor (or equivalent ● have completed 24 months of air conditioning and refrigerationexperience; see ACR section of TDLR website) within the past 72 related work: months OR have held a Texas ACR technician certificate for the • under the supervision of a licensed air conditioning and preceding 12 months and have at least 36 months of practical refrigeration contractor; or experience in ACR-related work under the supervision of a • as part of the applicant’s military occupational specialty licensed ACR contractor in the preceding 48 months. within the armed forces of the United States; ● submit completed application ● submit $50 application fee; and ● submit $115 application fee ● pass the required TDLR competency examination. ● pass the required TDLR competency exam ACR technician registrations or certifications are good for one year.

After the application is approved and the exam is passed, the contractor must either: ● send TDLR a waiver that indicates they will not be performing public contracting; or ● send TDLR a certificate of insurance in order to perform public contracting.

For information on exam content, fees, requirements, and procedures, please Contractor licenses are good for one year. Licenses are not transferable.

review the Candidate Information Bulletin linked to the TDLR ACR Exam Information web page (www.tdlr.texas.gov/acr/acrexam.htm).

For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

ACR CONTRACTING AT A GLANCE The Air Conditioning and Refrigeration Contractors Advisory Board has 9 members serving 6 year terms, which includes: ● one official of a municipality with a population of more than 250,000; ● one official of a municipality with a population of not more than 250,000; ● five full-time licensed air conditioning and refrigeration contractors: • Class A licensee who practices in a municipality with a population of more than 250,000; • Class B licensee who practices in a municipality with a population of more than 250,000; • Class A licensee who practices in a municipality with a population of more than 25,000 but not more than 250,000; • Class B licensee who practices in a municipality with a population of not more than 25,000; • licensee of any classification under this chapter who is principally engaged in air conditioning and refrigeration contracting, and practices in a municipality; and ● one building contractor who is principally engaged in home construction and is a member of a statewide building trade association; and ● at least one air conditioning and refrigeration contractor who employs organized labor.

License numbers have the following form: Title / Class / Number / Endorsement code TACL / A / 000000 / C. Endorsement codes are as follows: E: Environmental Air Conditioning R: Commercial Refrigeration & Process Cooling and Heating C: Combined Endorsements TDLR issues Class A and Class B ACR contractor licenses. ● The Class A license allows you to work on any size unit. ● The Class B license allows you to work on cooling systems of 25 tons and under, and heating systems of 1.5 million BTUs/ hour and under.

Check if an ACR Contractor or Technician has a license: https://www.tdlr.texas.gov/ LicenseSearch/.

Check if an ACR Contractor or Technician has been fined or their license revoked: https://www.tdlr.texas.gov/cimsfo/fosearch.asp.

Concerned about an ACR Contractor or Technician? File a complaint: https://www.tdlr.texas.gov/complaints/.

What is the difference between Environmental Air Conditioning and Commercial Refrigeration/Process Heating and Cooling? ● “Environmental Air Conditioning” means treating air to control temperature, humidity, cleanliness, ventilation, and circulation to meet human comfort requirements. ● “Environmental” includes central air conditioning and heating. ● “Commercial Refrigeration” means the use of mechanical or absorption equipment to control temperature or humidity to satisfy the intended use of a specific space. ● “Process Cooling or Heating” includes controlling temperature, humidity, or cleanliness solely for production requirements or the proper operation of equipment. ● “Commercial Refrigeration/Process Heating and Cooling” is limited to coolers, freezers, ice machines, and equipment that provides temperature and humidity controls.

There are numerous exemptions to the law. Please see https://www.tdlr.texas.gov/acr/acrlaw.htm#subchapter-B for more information.

TDLR AAG FORM-004 Sept. 2020

TEXAS DEPARTMENT OF LICENSING & REGULATION ATHLETIC TRAINERS AT A GLANCE Statutes: Chapter 451, Occupations Code Rules: Title 16 T.A.C. Chapter 110 Practice Act? Yes Title Act? Yes

Number of Licensees: 4,068 (FY 20)

Inspections? No Overview: Athletic trainers provide a form of health care that includes preventing, recognizing, assessing, managing, treating, and reconditioning athletic injuries. Athletic trainers provide these services under the direction of a licensed physician. A Texas athletic trainer license is valid for two years.

Services provided by athletic trainers may include, but are not limited to: ● planning and implementing a comprehensive athletic injury and illness prevention program; ● assessing an athlete’s injury or illness in order to provide emergency or continued care and referral to a physician for definitive diagnosis and treatment, if appropriate; ● administering first aid and emergency care for acute athletic injuries and illnesses; ● planning and implementing a comprehensive rehabilitation program for athletic injuries; and ● providing health care information and counseling athletes.

Athletic training services may be provided in any setting authorized by a physician. Athletic trainers typically provide services in high schools, colleges or universities, professional or amateur athletic organizations, athletic facilities, and health care facilities. However, athletic trainers may also provide athletic training in other settings.

Please note that personal trainers are sometimes confused with athletic trainers. A personal trainer is an individual who has a varying degree of knowledge of general fitness involved in exercise prescription and instruction. They may also educate their clients in many other aspects of wellness besides exercise, including general health and nutrition guidelines. However, personal trainers are not authorized to provide the same health care services as a licensed athletic trainer.

Licensing There are four ways to become licensed as an athletic trainer.

Applicants for an athletic trainer license must meet the following requirements:

Method A (Apprenticeship Method) Education ● Have an undergraduate or graduate degree that includes at least 24 hours of combined academic credit from each of the following course areas: • human anatomy and human physiology; • health, disease, nutrition, fitness, wellness, emergency care, first aid, or drug and alcohol education; • kinesiology or biomechanics; • physiology of exercise; • athletic training, sports medicine, or care and prevention of injuries; • advanced athletic training, advanced sports medicine, or assessment of injury; and, • therapeutic exercise, therapeutic rehabilitation or therapeutic modalities.

Apprenticeship ● Complete an 1,800-hour apprenticeship in athletic training.

• The apprenticeship must be directly supervised by a licensed athletic trainer and must be on the same college or university campus as the supervising trainer.

• The apprenticeship must be completed in college or university intercollegiate sports programs, based on the academic calendar and be completed during at least five fall and/or spring semesters (Hours in the classroom do not count toward apprenticeship hours.).

• A maximum of 600 hours of the 1,800 hours may be accepted from an affiliated setting which the college or university’s athletic trainer has approved and be under direct supervision of a licensed physician, licensed or certified athletic trainer, or licensed physical therapist. No more than 300 hours may be earned at one affiliated setting.

• The apprenticeship must offer work experience in a variety of sports and 1,500 hours of the apprenticeship must be fulfilled while enrolled as a student at a college or university.

• The apprenticeship must include instruction by a certified or state-licensed athletic trainer in prevention of injuries, emergency care, rehabilitation, modality usage, administrative management and assessment of injuries.

For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

ATHLETIC TRAINERS AT A GLANCE Method B (BOC Method) ● Hold a baccalaureate or post-baccalaureate degree and one of the following: • (1) current licensure, registration, or certification as an athletic trainer issued by another state, jurisdiction, or territory of the United States; or • (2) current national certification as an athletic trainer issued by the Board of Certification, Inc. (BOC).

Method D (CAATE-Accredited Method) ● Have a baccalaureate or post-baccalaureate degree in athletic training from a college or university, which held accreditation, during the applicant’s matriculation at the college or university and at the time the degree was conferred, from a nationally recognized accrediting organization that is approved by the department (currently the Commission on Accreditation of Athletic Training Education, or CAATE).

Method C (Physical Therapy Method) ● Have a baccalaureate or post-baccalaureate degree or a stateissued certificate in physical therapy or a baccalaureate or post-baccalaureate degree in corrective therapy with at least a minor in physical education or health. Applicants who hold such degrees must complete three semester hours of a basic athletic training course from an accredited college or university.

An applicant shall also complete an apprenticeship in athletic training meeting the following requirements: (1) The program shall be a minimum of 720 hours. It must be based on the academic calendar and must be completed during at least three fall and/or spring semesters. The hours must be under the direct supervision of a college or university’s Texas licensed athletic trainer or if out-of-state, the college or university’s certified or state-licensed athletic trainer. The apprenticeship includes a minimum of 360 hours per year. Hours in the classroom do not count toward apprenticeship hours.

(2) Actual working hours shall include a minimum of 20 hours per week during each fall semester. A fall semester includes pre-season practice sessions. The apprenticeship must offer work experience in a variety of sports.

(3) The apprenticeship must be completed in a college or university’s intercollegiate sports program. A maximum of 240 hours of the 720 hours may be earned at a collegiate, secondary school, or professional affiliated setting which the college or university’s athletic trainer has approved. No more than 120 hours may be earned at one affiliated setting.

In addition, applicants must have: ● current certification in the techniques of professional rescuer cardio-pulmonary resuscitation and the use of an automated external defibrillator; or ● current certification for Emergency Medical Services (EMS) with the Department of State Health Services or its successor agency.

Requirements for License Renewal To renew an athletic trainer license, a licensee must complete the following: ● 40 clock-hours of continuing education during the previous twoyear period, including 2 clock-hours of training in concussion management; and, ● Current Emergency Cardiac Care certification from the Basic Life Support for Healthcare Providers/Professional Rescuers at the Healthcare Provider level or beyond, which must be maintained throughout each two-year period. ● For renewals on or after Sept. 1, 2020, an HHSC-approved training course on identifying and assisting victims of human trafficking.

The Texas Athletic Trainer Jurisprudence examination content is based on the state laws, rules, and regulations relating to the practice of athletic trainers.

License

Fees

Athletic Trainer (initial application)

$160

Athletic Trainer (temporary)

$160

Athletic Trainer (renewal)

$160

The Advisory Board of Athletic Trainers has 5 members serving 6-year terms, which includes: ● three members who are athletic trainers; and ● two members who represent the public.

TDLR AAG FORM-021 Sept.. 2020

TEXAS DEPARTMENT OF LICENSING & REGULATION

AUCTIONEERS

AUCTIONEERS AT A GLANCE Statutes: Chapter 1802, Occupations Code Rules: Title 16 T.A.C. Chapter 67

Inspections? No Number of Licensees: 2,331 (FY 20)

Overview: A license is required to conduct auctions by live bid in Texas. Internet auctions are exempt from the law, unless there is a live bid component.

A licensed auctioneer is entrusted by both sellers and buyers of property to sell property at a fair auction. The auctioneer may not use false bidders at a sale. The auctioneer must place any sale proceeds in a separate trust account and remit the proceeds to the seller within 15 days of the auction, or as directed in a contract.

Licensing Auctioneer An individual is eligible for an auctioneer’s license if they are at least 18 years of age and a citizen of the United States or a legal alien. An applicant must either: ● pass a written or oral examination demonstrating knowledge of the auction business and of Texas laws relating to the auction business; or ● show proof of employment by a licensed auctioneer for at least two years and participation in at least 10 auctions during that employment.

In addition, an applicant must: ● hold a high school diploma or a high school equivalency certificate; and ● have completed at least 80 hours of classroom instruction at an auction school with a curriculum approved by TDLR. Associate Auctioneer An individual is eligible for an associate auctioneer license if they are: ● a citizen of the United States or a legal alien; and ● employed under the direct supervision of a TDLR-licensed auctioneer.

Education & Recovery Fund The Texas Auctioneer Education and Recovery Fund is managed by TDLR to provide compensation to individuals who are harmed by the actions of a licensed auctioneer who has breached a contract with a consumer.

TDLR reviews the balance of the Auctioneer Education and Recovery Fund each year to determine if additional fees are needed to maintain the fund’s minimum balance of $350,000.

If the balance in the fund on December 31 is less than $350,000, each auctioneer license holder is required by law to pay an additional $50 fee at their next license renewal (or a pro TEXAS DEPARTMENT rata share of the OF LICENSING amount necessary & REGULATION www.tdlr.texas.gov to obtain a balance in the fund of $350,000). If the additional $50 fee is assessed, it is automatically added to the license renewal fee.

The fund balance on December 31, 2020 was $392,964.64, so TDLR will not assess an additional $50 fee for each renewal in 2021.

The Auctioneer Advisory Board has 7 members serving 2-year terms, which includes: ● four members who are licensed auctioneers; ● the administrative head, or the administrative head’s designee, of any state agency or office that is selected by the commission; and ● two public members.

License

Fee

Auctioneer License application

$50

Auctioneer License renewal

$50

Associate Auctioneer License application

$25

Associate Auctioneer License renewal

$25

Initial Recovery Fund Fee

$50

Curriculum Review

$250

For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

TDLR AAG FORM-037 Jan. 2021

TEXAS DEPARTMENT OF LICENSING & REGULATION Presort Standard U.S. Postage Paid Permit #391 Austin, TX

Statutes: Chapters 1601, 1603, Occupations Code Rules: Title 16 T.A.C. Chapter 82

TEXAS BARBER

TEXAS BARBER

BARBERING AT A GLANCE

2020

Practice Act? Yes Title Act? Yes

Number of licensees: 34,556 (FY 20)

LAWS AND RULES BOOK

Inspections? Yes Facilities? Yes Equipment? Yes Individuals? Yes

P.O. Box 12157 Austin TX 78711

2020

Overview: To provide barbering services in Texas, you must have a TDLR Class A Barber license or specialty certificate. Barbering services include: ● treating a person’s mustache or beard by arranging, beautifying, coloring, processing, shaving, styling, or trimming; ● treating a person’s hair by arranging, beautifying, bleaching, cleansing, coloring, curling, www.tdlr.texas.gov dressing, dyeing, processing, shaping, singeing, straightening, styling, tinting, or waving; bobbing, clipping, cutting, or trimming; or cutting the person’s hair as a separate and independent service License Types for which a charge is directly or indirectly made Class A Barber Certificate separately from a charge for any other service; ● cleansing, stimulating, or massaging a person’s scalp, Barber Instructor License face, neck, arms, or shoulders by hand or by using a Specialty License: Barber Technician device, apparatus, or appliance; and with or without the use of any cosmetic preparation, antiseptic, tonic, Specialty Instructor License: Barber lotion, or cream; Specialty Certificate of Registration – Hair Weaving ● beautifying a person’s face, neck, arms, or shoulders using a cosmetic preparation, antiseptic, tonic, lotion, Barbershop Permit powder, oil, clay, cream, or appliance; Mini-Barbershop Permit ● treating a person’s nails by cutting, trimming, polishing, tinting, coloring, cleansing, manicuring, or Specialty Shop Permit pedicuring; or attaching false nails; Dual Shop License ● massaging, cleansing, treating, or beautifying a person’s hands; Mini-Dual Shop Permit ● administering facial treatments; Mobile Shop License ● weaving a person’s hair by using any method to attach commercial hair to a person’s hair or scalp; or Booth Rental Permit ● servicing in any manner a person’s wig, toupee, or Barber School Permit artificial hairpiece on a person’s head or on a block after the initial retail sale.

Barber School Initial Permit

TEXAS BARBER LAWS AND RULES BOOK

BAR Laws and Rules Book 2020 final covers.indd 1

8/3/2020 10:02:58 AM

Fees $55 $65 $30 $65 $30 $60 $60 $50 $130 $60 $60 No fee $300 $300

Barber School Initial Inspection $200 To be eligible for a Class A Barber Certificate, you must: ● be at least 16 years old; If you hold an active cosmetology operator license, you can obtain ● pass the applicable examination; a Class A Barber license by completing 300 hours of instruction in ● pay the required fee; and barbering in a licensed barber school, pass the examination and pay ● have completed 1,000 hours of instruction in a licensed barber the required fees. school.

For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

BARBERING AT A GLANCE

Education Requirements ● Class A Barber: 1,000 hours ● Barber Instructor: • a course consisting of 750 hours of instruction in barber courses and methods of teaching in a barber school; or • at least one year of work experience as a licensed Class A barber and: • have completed 500 hours of instruction in barber courses and methods of teaching in a commission-approved training program; • have completed 15 semester hours in education courses from an accredited college or university within the 10 years preceding the date of the application; or • have obtained a degree in education from an accredited college or university. ● Barber Technician Specialty License: 300 hours ● Manicurist Specialty License: 600 hours ● Hair Weaving Specialty Certificate: 300 hours ● Barber Technician/Manicurist Certificate: 900 hours ● Barber Technician/Hair Weaver Certificate: 600 hours

A web search tool is available for students (including out of state and foreign students) to search for specific course types being offered in certain areas of the state. https://www.tdlr.texas.gov/ SchoolCurriculumWebSearch/Default.aspx

The Advisory Board on Barbering has 5 members serving 6-year terms, which includes: ● two members, each of whom is engaged in the practice of barbering as a Class A barber and does not hold a barbershop permit; ● two members, each of whom is a barbershop owner who holds a barbershop permit; and ● one member who holds a permit to conduct or operate a barber school.

TDLR AAG FORM-031 Sept. 2020

TEXAS DEPARTMENT OF LICENSING & REGULATION BEHAVIOR ANALYSTS AT A GLANCE Statute: Chapter 506, Occupations Code Rules: Title 16 T.A.C. Chapter 121 Inspections? No Number of Licensees: 2,464 (FY 20)

Overview: Behavior analysts provide a therapeutic environment for individuals struggling to control their behavior. They also train parents, teachers, and other professionals on how to implement support plans for challenging behavior.

Applied behavior analysis interventions are based on scientific research and the direct observation and measurement of behavior and environment. Using contextual factors, motivating operations, antecedent stimuli, positive reinforcement and other procedures, behavior analysts help individuals develop new behaviors, increase or decrease existing behaviors, and elicit or evoke behaviors under specific environmental conditions.

Licensing The behavior analysts program was established at TDLR in 2017 with the enactment of Senate Bill 589 (85th Legislature). Licensing of behavior analysts and assistant behavior analysts began in June 2018. As of September 1, 2018, only those who have obtained a TDLR license may use the title “Licensed Behavior Analyst” or “Licensed Assistant Behavior Analyst.” Those who may use the title “Behavior Analyst” in Texas include: ● Behavior analysts and assistant behavior analysts licensed by TDLR ● Exempt professionals as specifically listed in the law ● Unlicensed persons who do not provide any direct services to individuals, including: • Animal trainers • Instructors or researchers • Professionals providing general services to organizations Human Trafficking Prevention Training Course HB2059, passed in the 86th Regular Session of the Texas Legislature, requires all Behavior Analysts to complete a one-hour HHSCapproved Human Trafficking Prevention Training Course as a requirement for license renewal.

License Type

Fee

Behavior Analyst application and initial license

$165

Behavior Analyst renewal

$165

Assistant Behavior Analyst application and initial license

$110

Assistant Behavior Analyst renewal

$110

Certification Requirements Texas law requires potential licensees to be certified by either the Behavior Analyst Certification Board or another certifying entity that is accredited by the National Commission for Certifying Entities (NCCE) or the American National Standards Institute (ANSI) and approvedd by the Department.

Persons who hold the Board Certified Behavior Analyst® (BCBA®), the Board Certified Behavior Analyst-Doctoral™ (BCBA-D™), or the Board Certified Assistant Behavior Analyst® (BCABA®) credentials are eligible for Texas licensure.

The Behavior Analysts Advisory Board has 9 members serving staggered 6-year terms, which includes: ● four licensed behavior analysts, at least one of whom must have been certified as a Board Certified Behavior Analyst—Doctoral™ for at least five years or hold an equivalent certification issued by the certifying entity; ● one licensed assistant behavior analyst; ● one physician who has experience providing mental health or behavioral health services; and, ● three members who represent the public and who are either former recipients of applied behavior analysis services or the parent or guardian of a current or former recipient of applied behavior analysis services.

For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

TDLR AAG FORM-025 Sept. 2020

TEXAS DEPARTMENT OF LICENSING & REGULATION BOILER SAFETY AT A GLANCE

Statute: Chapter 755, Health and Safety Code Rules: Title 16 T.A.C. Chapter 65 Practice Act? No Number of Certificates of Operation: 53,864 (FY 20) Title Act? Yes Inspections: Yes Facilities: Yes Equipment: Yes Overview: A “boiler” is a heating boiler, a power boiler, an unfired steam boiler a process steam generator or a nuclear boiler. State law requires that all boilers be registered with TDLR and, receive certificates of operation.

Depending on how they’re used, they are to be inspected annually, biennially, or triennially by TDLR or an authorized inspector.

There are more than 53,000 registered boilers in Texas. Boilers are used in commercial facilities, such as dry cleaners, car washes, and power plants.

Additionally, boilers are found in schools, hospitals, and office buildings.

Much like an automobile, furnace, or air conditioner, boilers require an ongoing, routine maintenance and inspection program. Well-trained maintenance personnel, boiler operators and boiler inspectors are essential to the safe operation of a boiler. Boiler inspectors examine the structural integrity of the boiler along with the associated safety devices attached to the boiler. These devices must remain in good operating condition for the continued safe operation of the boiler.

The loss of water (low water), furnace explosion, over-pressure and excessive temperature are the principal causes for boiler accidents and are primarily the direct result of missing or inoperative controls and safety devices, lack of maintenance, untrained operators, and complacency.

In 2020, Texas became the first state to require a safety system on all new boiler installations that shuts down the boiler if the carbon monoxide level in the boiler room exceeds a safe level.

TDLR inspectors review quality control systems when they issue Certificates of Authorization to boiler and pressure vessel manufacturers, repair organizations, and state owner/user organizations.

Inspections ● TDLR requires each boiler to be inspected internally (if applicable) and externally at the time of installation and at subsequent intervals. TDLR also reviews and maintains summary reports of the in-service inspections of nuclear boilers that are submitted by the owner or operator. ● TDLR may be involved in the American Society of Mechanical Engineers (ASME) or the National Board of Boiler and Pressure Vessel Inspectors accreditation process. ● TDLR also performs boiler accident investigations.

History The Texas Boiler Act, Chapter 755 of the Health and Safety Code, was enacted on June 3, 1937, in response to the deadly New London natural gas explosion on March 18, 1937. The New London explosion killed 294 men, women and children when a natural gas leak beneath the New London School ignited, destroying the school. After the explosion, state law required that an odor be added to natural gas and required that boilers be approved and regularly inspected.

For many years the program was a part of the agency then known as the Bureau of Labor Statistics. Later, the agency name was changed to the Texas Department of Labor and Standards. In 1989, the name was changed to the Texas Department of Licensing and Regulation.

The Board of Boiler Rules has 11 members serving staggered 6-year terms, which includes: ● TDLR Chief Boiler Inspector (Presiding Officer); ● three members representing persons who own or use boilers in this state; ● three members representing companies that insure boilers in this state; ● one member representing boiler manufacturers or installers; ● one member representing organizations that repair or alter boilers in this state; ● one member representing a labor union; and ● two public members.

How We Regulate ● The Regulatory Program Management division oversees the boiler inspection process and provides program expertise. ● In addition to the Chief Boiler Inspector and three Team Lead Boiler Inspection Specialists, TDLR has fourteen Deputy Boiler Inspectors throughout the state whose primary responsibility is inspecting uninsured boilers. These inspectors are currently located in San Antonio, Houston, Dallas/Fort Worth, Amarillo, East For more information, visit the Boilers and Boiler Safety page: https:// Texas, Austin, and El Paso. www.tdlr.texas.gov/boilers/blr.htm ● Any offenses under Section 755.043 of the Health and Safety Code are criminally prosecuted as a Class B misdemeanor, punishable by up to a $2,000 fine, a jail term not to exceed 180 days, or both.

For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

TDLR AAG FORM-011 Nov. 2020

TEXAS DEPARTMENT OF LICENSING & REGULATION COMBATIVE SPORTS AT A GLANCE

Statutes: Chapter 2052, Occupations Code Rules: Title 16 T.A.C. Chapter 61 Inspections? Yes Practice Act? Yes Facilities? No Title Act? No Equipment? Yes Individuals? Yes Licenses: 3,088 (FY19)

Overview: The TDLR Texas Combative Sports Program regulates professional Boxing, Kick Boxing, Mixed Martial Arts, Muay Thai and amateur MMA, Muay Thai and Kick Boxing events in Texas. TDLR licenses contestants, promoters and referees in those sports. Texas ranks only second to California in the number of combative sports events held each year.

“Combative sports” means sports, including boxing, kickboxing, martial arts, and mixed martial arts, in which participants voluntarily engage in full contact to score points, to cause an opponent to submit, or to disable an opponent in a contest, match, or exhibition. The term does not include student training or exhibitions of students’ skills conducted by martial arts schools, or associations of schools, where the students participate for health and recreational purposes rather than competition and where the intent is to use only partial contact.

Professional combative sports contestants, promoters, referees, judges, seconds, matchmakers, managers, and event coordinators who officiate or participate in a regulated professional event must be licensed.

Referees who officiate at regulated amateur events also must be licensed or registered by the TDLR executive director.

Contestants Contestants who apply for a license must present documentation of recent blood test results that show they are free from hepatitis B virus, hepatitis C virus, human immunodeficiency virus, and any other communicable disease designated by commission rule. Applicants also must show the results of an ophthalmologic examination, as well as a complete yearly physical perfromed by an M.D. or a D.O. At the weigh-in, female contestants must submit to a pregnancy test; a positive test result is an automatic disqualifier. All licensing requirements for contestants must be completed at least 72 hours before an event.

TDLR will not issue a contestant license to anyone under the age of 17.

Minors age 17 but not yet 18 may be issued a contestant’s license with notarized written consent from a parent or guardian. A person age 36 or older applying for a contestant’s license must submit a report of favorable physical testing conducted within the previous twelve months including but not limited to an EEG (electroencephalography) and an EKG (electrocardiogram). The applicant may request an administrative hearing if the executive director determines the physical testing results are not favorable in any way and fails to issue a license for that reason.

For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

COMBATIVE SPORTS AT A GLANCE Promoters Anyone wanting to act as an event promoter must put up two surety bonds of $15,000 each. Promoters must make sure that all contestants scheduled to participate are licensed before the event; provide that an ambulance, serviced by at least two emergency medical technicians, is present on the premises where the event is held; provide for at least two physicians to be present during the event; provide for a physical examination of each contestant that complies with TDLR rules; and comply with all commission rules.

Medical Disqualifications After a bout, a ringside physician examines each contestant. Based on the post-contest examination, contestants will automatically receive rest periods, medical suspensions, or medical disqualifications for the following: ● Medical condition: any medical suspension will be based on the physician’s recommendation; ● Technical knockout: 30-day minimum medical suspension; ● Knockout: • First knockout: 60-day minimum medical suspension; • Two knockouts within twelve months: 120 days minimum medical suspension; • Three knockouts within twelve months or three consecutive knockouts: medical disqualification from further competition; and ● Mandatory rest: all contestants shall receive a mandatory rest period of three days of rest for each round fought, with at least a seven-day mandatory minimum rest period.

Medical disqualification of a contestant is for their own safety and may be made at the recommendation of the examining physician or TDLR. A contestant who disagrees with a medical disqualification, medical suspension or rest period set at the discretion of a ringside physician or a disqualification or suspension set by the department may request a hearing to show proof of fitness. The hearing shall be provided at the earliest opportunity after the department receives a written request from the contestant or his manager.

License

Fees

Promoter’s License

$900 + 2 surety bonds ($15,000)

Referee License

$125

Contestant

$20

That year, the Texas Legislature made lawful “the promoting, conducting, or maintaining of fistic combat or wrestling matches, boxing or sparring contests or exhibitions for money remuneration, purses or prize equivalent to be received by the participants or contestants, or where an admission fee thereto or therefore is charged or received.”

TDLR does not license professional wrestling, which is considered to be entertainment and not a combative sport.

Texas has three of the highest attendance records in the USA: ● Chaves vs. Whitaker, 1993 in San Antonio: 63,000 ● Pacquiao vs Clottey, 2010 at AT&T in Arlington: 51,000 ● Canelo vs. Smith, 2010 at AT&T in Arlington: 51,000.

The Combative Sports Advisory Board has 9 members serving 6-year terms, which includes: ● four physicians; ● one representative of a boxing promoter; ● one representative of a mixed martial arts promoter; ● one combative sports referee or judge licensed at least three years; ● one former combative sports contestant; and ● one public member.

Program History In 1925, the Texas Penal Code outlawed “pugilistic encounters” between two men, or a fight between a man and a bull, or any other animal, for money or other thing of value. The Penal Code also outlawed moving picture films, bioscopes, vitascopes, magic lanterns or other device depicting prize fights.

In 1933, the Texas Legislature changed the law to allow combative sports, which were to be licensed by the Texas Commissioner of Labor Statistics (the forerunner of the Texas Department of Licensing and Regulation).

TDLR AAG FORM-022 Feb. 2020

TEXAS DEPARTMENT OF LICENSING & REGULATION COMBATIVE SPORTS OFFICIATING AT A GLANCE

Statutes: Chapter 2052, Occupations Code Rules: Title 16 T.A.C. Chapter 61 Inspections? Yes Practice Act? Yes Facilities? No Title Act? No Equipment? Yes Individuals? Yes Licenses: 1,809 (FY 20)

Overview: The TDLR Texas Combative Sports Program regulates professional Boxing, Kick Boxing, Mixed Martial Arts, Muay Thai and amateur MMA, Muay Thai and Kick Boxing events in Texas. In addition to licensing contestants and promoters, TDLR regulates referees in those sports.

Professional combative sports referees and judges who officiate a regulated professional event must be licensed. Referees who officiate at regulated amateur events also must be licensed or registered by the TDLR executive director.

Boxing Scoring Techniques Using the 10-point must system, judges consider the elements of offense, defense, clean hitting, ring generalship, and sportsmanship in their scoring. The winner of any round is marked ten and the loser is marked nine or less. When a round is even, each contestant shall receive ten points. A clean knock-down shall be scored heavily.

Judges shall deduct points for fouls when directed to do so by the referee. A draw shall be called if each official votes differently or any two vote a draw.

Mixed Martial Arts Scoring Techniques.

Judges must evaluate mixed martial arts techniques, such as effective striking, effective grappling, fighting area control, and effective aggressiveness/defense. Using the 10-point must scoring system, judges use a 10-point must scoring system to determine a winner of a contest that ends after the scheduled number of rounds have been completed. Ten points must be awarded to the winner of each round and 9 points or less must be awarded to the loser, except for a rare even round, which is scored a 10-10.

Licensing — Referees An applicant must: ● be at least 21 years of age; ● have no criminal convictions that directly relate to the duties and responsibilities of a referee; ● have completed an approved training program that consists of classroom training and an internship OR meet at least one of the following: • have at least three years’ active experience as a referee in the combative sport they’re seeking an endorsement in

For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

COMBATIVE SPORTS OFFICIATING AT A GLANCE • have at least three years active experience as a referee in the combative sport in which he seeks endorsement by having officiated in at least ten combative sporting events per year; • be currently licensed and in good standing as a referee in a state that the executive director has determined has licensing requirements that are equivalent to Texas’ requirements; or • have formerly held a Texas referee’s license that lapsed in good standing.

These requirements may be waived by the executive director for any applicant who is licensed and in good standing as a referee with any department-approved sanctioning body such as the World Boxing Council, World Boxing Association, International Boxing Federation, or World Boxing Organization.

Referee licenses will be endorsed showing each class of bouts in which they may officiate with one or more of the following legends: 1. B (Boxing); and 2. M (Mixed martial arts and Kickboxing.)

An endorsement may be obtained by completion of classroom training and an internship program provided or approved by the executive director for that class of endorsement. Persons renewing licenses, or obtaining new licenses on the basis of holding a license from another state or formerly having held a Texas license, may obtain one or more endorsements by providing proof acceptable to the executive director of previous experience refereeing contests in the class of endorsement(s) sought. Referees must have an endorsement for a class in order to referee events in that class.

Licensing — Judges An applicant must: ● be at least 21 years of age; ● have no criminal convictions that directly relate to the duties and responsibilities of a judge ● demonstrate the ability to perform the functions of a judge by: • having observed and completed score cards for all contests in at least five events while under the supervision of the department and scoring the contests in keeping with standards established by the executive director; or, • meeting one or more of the following: • having at least three years active experience as a judge and/or referee by having officiated in at least ten combative sporting events per year; • being currently licensed and in good standing as a judge in a state that the executive director has determined has licensing requirements that are equivalent to Texas’ requirements; or • having formerly held a Texas judge’s license that lapsed in good standing.

License

Fees

Referee License

$125

These requirements may be waived by the executive director for any applicant who is licensed and in good standing as a judge with any department-approved sanctioning body such as the World Boxing Council, World Boxing Association, International Boxing Federation, or World Boxing Organization.

To obtain or renew a license, a judge must provide test results showing visual acuity in each eye of at least 20/40 corrected. The test must have been performed by a licensed Optometrist or licensed Ophthalmologist no more than three years before the application for licensure or license renewal is filed.

Training ● The Association of Boxing Commissions offers classes. Each training class (for either Judge or Referee) is 1 day in length; ABC usually offers 2-days in the event an individual wants to take the MMA referee course the first day and the Boxing referee course the second day. ● Other classes for MMA referees and judges vary from 1 to 3 days. ● We do not currently have a requirement for continuing education, but we may look at requiring continuing education in the future.

TDLR AAG FORM-022 Sept. 2020

TEXAS DEPARTMENT OF LICENSING & REGULATION LICENSED BREEDERS AT A GLANCE

Statutes: Chapter 802, Occupations Code Rules: 16 T.A.C. Chapter 91 Number of Licensees: 158 (FY 20) Practice Act? Yes Title Act? Yes Inspections? Yes Facilities? Yes Equipment? No Individuals? No Overview: Dog and cat breeding is regulated in Texas. A breeder license is required for anyone who possesses 11 or more adult intact female dogs or cats and breeds them for direct or indirect sale and who sells or offers to sell or exchange at least 20 animals in a calendar year.

Before issuing a license, TDLR inspects a breeding facility to make sure it meets standard of care requirements. TDLR then inspects a breeding facility at least once every 18 months. Other inspections may occur as needed.

Breeders must adhere to standards of care in these areas: ● indoor or outdoor housing; ● enclosures; ● compatible grouping of animals; ● exercise for dogs; ● feeding, watering, cleaning, and sanitation; ● housekeeping and pest control; ● onsite personnel; ● grooming; ● veterinary care; ● sales and transfers; and ● transportation standards.

(See Chapter 16 T.A.C. 91.100 to 91.202 for specific standards of care.)

By law, TDLR must revoke a breeder license for animal cruelty or neglect.

TDLR can also revoke a breeder license if the licensee is convicted of other criminal charges that are not related to animal cruelty or neglect.

TDLR maintains a database of licensed breeders (https://www. tdlr.texas.gov/LicenseSearch/) that is searchable by the public.

The agency also maintains a database of breeders who have been subject to disciplinary actions or sanctions (https://www.tdlr.texas. gov/cimsfo/fosearch.asp).

Health Records Breeders must keep detailed records on each animal housed in their facility, including: ● routine and preventive healthcare provided to each animal and that each animal received appropriate care and treatment for any injury, disease, or illness;

● a description of the animal; ● who the animal was purchased or obtained from; ● any microchip, tattoo or identification number; ● breeding dates; and ● the number of puppies or kittens per litter.

Annual Inventory Breeders must submit an annual inventory of all animals that were in their facility during the previous year. The annual inventory must be completed and sent to TDLR no later than February 1 each year.

Training and Enforcement Account TDLR pays up to a $1,000 reward for information about unlicensed breeding activity that leads to disciplinary action against an individual. Violations can be reported online 24 hours a day, or by phone during normal business hours at (800) 803-9202. Complaints can be filed anonymously.

Rewards are paid for through the Licensed Breeder Training and Enforcement Account. Monies in the account come from administrative penalties and tax-deductible charitable donations.

Donations can be made online or by sending a check or money order to:

Texas Department of Licensing and Regulation

P.O. Box 12157

Austin, TX 78711-2157.

For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

LICENSED BREEDERS AT A GLANCE License

Fees

Dog or Cat Breeder (11-25 Intact Female Animals) Original License

$300

Dog or Cat Breeder (11-25 Intact Female Animals) Renewal

$300

Dog or Cat Breeder (26 or more Intact Female Animals) Original License

$500

Dog or Cat Breeder (26 or more Intact Female Animals) Renewal

$500

Out-of-Cycle Inspection (inspections required for serious or repeated violations relating to sanitation, shelter, food, water, and medical treatment)

$150

The Licensed Breeders Advisory Committee has 9 members serving 4-year terms, which includes: ● two members who are licensed breeders; ● two members who are veterinarians;

● two members who represent animal welfare organizations each of which has an office based in this state; ● two members who represent the public; and ● one member who is an animal control officer as defined in Section 829.001, Health and Safety Code.

Free posters and brochures are available through the TDLR Office of Strategic Communication. Send requests to media.inquiries@tdlr.texas.gov

MOST COMMON CODE VIOLATIONS FOR LICENSED BREEDERS 1. Standards of Care — Veterinary Care Breeding cycles.

Breeding females must have adequate rest between breeding cycles as recommended by a veterinarian based on the breed, age, and health of the individual breeding female and documented by a veterinarian in the medical records related to each animal.

2. Responsibilities of Licensee — Mandatory Contract Provisions A licensed breeder must include in each contract for the sale or transfer of an animal: (1) the license number; and (2) the following statement: “Dog and cat breeders are regulated by the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, 1-800-803-9202, 512463-6599, www.tdlr.texas.gov.”

3. Standards of Care — Sheltered Housing Facilities The sheltered part of sheltered housing facilities for dogs and cats must be sufficiently heated and cooled when necessary to protect the dogs and cats from temperature or humidity extremes and to provide for their health and well-being. The ambient

temperature in the sheltered part of the facility must not fall below 50 F (10 C) for dogs and cats not acclimated to lower temperatures, for those breeds that cannot tolerate lower temperatures without stress and discomfort (such as shorthaired breeds), and for sick, aged, young, or infirm dogs or cats, except as approved by a veterinarian.

Dry bedding, solid resting boards, or other methods of conserving body heat must be provided when temperatures are below 50 F (10 C). The ambient temperature must not fall below 45 F (7.2 C) for more than 2 consecutive hours when dogs or cats are present, and must not rise above 85 F (29.5 C) for more than 2 consecutive hours when dogs or cats are present.

4. Standards of Care — Exercise of Dogs A licensee must develop, document, and follow an appropriate plan to provide dogs with the opportunity for daily exercise. The plan must be approved by a veterinarian and documented by a veterinarian in the medical records related to each dog. The plan must include written standard procedures to be followed in providing the opportunity for exercise.

5. Standards of Care — On-Site Personnel Each employee of a licensed facility whose duties or responsibilities include the handling of or caring for a dog or cat shall have the appropriate training including basic animal care and handling, prevention of infectious disease, and kennel sanitization.

6. Standard of Care — Veterinary Care Each animal used for breeding must be examined by a veterinarian at least once in every twelvemonth period. The annual examination must be conducted in accordance with practices established under the Veterinary Licensing Act and documented by a veterinarian in the medical records related to each animal.

7. Standards of Care — Routine and Preventative Care Failure to have the written health care management protocol contain all required health care records, including all authorized exemptions approved by a veterinarian.

TDLR AAG FORM-008 Sept. 2020

TEXAS DEPARTMENT OF LICENSING & REGULATION CODE ENFORCEMENT OFFICERS AT A GLANCE Statutes: Chapter 1952, Occupations Code Rules: Title 16 T.A.C. Chapter 62 Practice Act? No Title Act? Yes

TDLR Inspections? No

Overview: A person cannot call themselves a code enforcement officer or use the title “code enforcement officer” in Texas unless they hold a certificate of registration from TDLR, except under certain circumstances.

As of Aug. 1, 2020, Code Enforcement Officers are permitted to carry a club or stick to deter an animal bite. TDLR rules establish training courses, principles, and procedures for using “bite sticks.”

History The Code Enforcement Officers (CEO) program was moved to TDLR

by Senate Bill 202 (84R), which transferred thirteen programs to TDLR from the Department of State Health Services.

TDLR assumed all activities relating to the Code Enforcement Officers program, including registration and renewals, customer service, and enforcement on November 1, 2017.

Registration: To be registered as a code enforcement officer, an applicant must: ● submit a completed application on a department-approved form; ● have at least one year of full-time experience in the field of code enforcement on the date they apply; ● successfully pass a criminal history background check; ● pass the required examination; ● submit the required fee; ● successfully complete the training program; and ● complete all requirements within one year of the date the application is filed.

Number of Licensees: 3,484 (FY 20)

To be registered as a code enforcement officer in training, an applicant must: ● submit a completed application on a department-approved form; ● successfully pass a criminal history background check; ● submit a completed verification of supervision form, that shows the applicant is employed by a government entity in Texas and is supervised by a registered code enforcement officer; ● pass the required examination; ● submit the required fee; ● successfully complete the training program; and ● complete all requirements within one year of the date the application is filed.

Training: An applicant must complete a training program in code enforcement from the Texas A&M Engineering Extension Service (TEEX). The training program consists of 36 classroom or laboratory hours covering the following subjects: ● zoning and zoning ordinance enforcement; ● sign regulations; ● home occupations; ● housing codes and ordinances; ● building abatement; ● nuisance violations; ● abandoned vehicles; ● junk vehicles; ● health ordinances; and ● basic processes of law related to code enforcement.

The Code Enforcement Officers Advisory Committee has 9 members serving staggered 6-year terms, which includes: ● five registered code enforcement officers; ● one structural engineer or licensed architect; ● two consumers, one of which must be a certified building official; and ● one person involved in the education and training of code enforcement officers.

For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

CODE ENFORCEMENT OFFICERS AT A GLANCE Registration

Fees

Code Enforcement Officer Initial Application (2 years)

$100

Code Enforcement Officer Renewal (2 years)

$75

Code Enforcement Officer In Training Initial Application (1 year)

$50

Code Enforcement Officer In Training Renewal (1 year)

$50

Upgrade registration from Code Enforcement Officer In Training to Code Enforcement Officer

$25

Continuing Education: Each registered code enforcement officer must complete at least 6 continuing education hours, within the 12 months preceding renewal of a registration, at least one hour of which must be legal or legislative issues.

Each registered code enforcement officer in training must complete at least 6 continuing education hours, within the 12 months preceding renewal of a registration, at least one hour of which must be I legal or legislative issues.

TDLR AAG FORM-014 Sept. 2020

TEXAS DEPARTMENT OF LICENSING & REGULATION CONTINUING EDUCATION PROVIDERS AT A GLANCE Rules: Title 16 T.A.C. Chapters 55 & 60

Inspections? Yes Individuals? No Number of Licensees: 2,108 (FY20) Overview: TDLR establishes and oversees continuing education courses for many of the occupations it regulates. These courses are required by statute in order to renew a professional license. TDLR licenses the course providers and reviews and approves the courses offered by providers.

Courses can be provided in the classroom or online. Providers supply course completion information to TDLR electronically.

These occupations include: ● Air Conditioning and Refrigeration Contractors ● Auctioneers ● Cosmetologists ● Electricians ● Elevator Contractor Responsible Party and Registered Elevator Inspector ● Massage ● Mold ● Polygraph Examiners ● Property Tax Consultants ● Registered Accessibility Specialists ● Sanitarians ● Tow Operators ● Water Well Drillers and Pump Installers Course Approvals A course provider must obtain a separate course approval for each occupation that will be awarded continuing education credit for a particular course. Course approvals are valid for one year.

Each application for a course approval must be accompanied by: ● a subject matter outline, including time allotted for each segment; and ● copies of course materials such as textbooks, videos, tapes, handouts, study materials, and any additional documentation.

Course materials must have the following characteristics: ● appropriate grammar, spelling and punctuation; ● appropriate illustrations and graphics to show concepts not easily explained in words; and ● comprehensive presentation of subject matter intended to increase or maintain the skills or competence of the licensee.

License

Fee

Provider Application

$200

Provider Renewal

$200

Course Approval (per occupation)

$100

Record fee (if required)

$5 per license

(All course provider registrations are valid for one year)

Course Requirements Unless commission rules relating to continuing education requirements for a specific occupation provide otherwise, all continuing education courses must cover one or more of the following aspects of licensure: ● technical; ● business; ● health; ● safety; ● legal; or ● other relevant topics approved by TDLR. Course Hours TDLR determines the number of hours of continuing education credit for a course. One hour of continuing education credit is equivalent to 50 minutes of actual instruction time. TDLR may approve courses in increments of less than one hour of continuing education credit.

Audits TDLR employees and representatives conduct on-site audits of providers and the courses offered. Audits may be conducted without prior notice to the provider, and TDLR employees and representatives may enroll and attend a course without identifying themselves as TDLR employees or representatives.

Most health occupations regulated by TDLR also require continuing education courses on specific topics that can be offered by higher education institutions, industry associations or other entities that offer the required topic.

For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

TDLR AAG FORM-038 Nov. 2020

TEXAS DEPARTMENT OF LICENSING & REGULATION COSMETOLOGY AT A GLANCE Statutes: Chapter 1602, Occupations Code, and Chapter 1603, Occupations Code Rules: Title 16 T.A.C. Chapter 83 Practice Act? Yes Title Act? No Inspections? Yes Facilities? Yes Equipment? Yes Individuals? Yes

Number of Licensees: 319,635 (FY 20)

Overview: TDLR cosmetology rules and regulations focus on health, safety, and sanitation with a dual aim of preventing cuts, burns, infections, and preventing the transmission of contagious diseases.

An operator license or specialty certificate from TDLR is required before providing cosmetology services. Eligibility requirements for an operator license: • be at least 17 years of age; • have obtained a high school diploma or GED, or have passed an exam administered by a certified testing agency; and • have completed 1,000 hours of instruction in a licensed beauty culture school; or 1,000 hours of instruction in beauty culture courses and 500 hours of related high school courses in a vocational cosmetology program in a public school; • pass the examinations; and • pay the required fee.

Someone with an active Class A Barber certificate can obtain a cosmetology license by completing 300 hours of instruction in cosmetology, passing the examination, and paying the required fee.

New Laws (2019-2020): HB 2847, passed during the 86th Legislature, made several changes to the Cosmetology program: • Cosmetologists may provide digitally prearranged remote services.

• Cosmetology and barbering establishments will be inspected every 4 years (instead of every 2). Specialty shops will be inspected every 2 years. Barbering and cosmetology schools will be inspected twice a year.

• The education requirement for a cosmetology operator license was reduced from 1500 to 1000 hours, effective only for applications submitted after Sept. 1, 2020.

License Types

Fees

Operator

$50

Manicurist Specialty

$50

Esthetician Specialty

$50

Manicure/Esthetician Specialty

$50

Hair Weaver Specialty

$50

Eyelash Extension Specialty

$50

Wig Specialty Certificate

$50

Cosmetology Student Permit

$25

Operator or Specialty Instructor

$60

Private Beauty Culture School

$500

Vocational College Beauty School

$500

Junior College Beauty School

$500

Beauty Salons

$106

Specialty Salon

$106

Dual Shop

$130

Mini-Dual Shop

$60

Mobile Shop

$106

COSMETOLOGY AT A GLANCE High Schools: Students can enroll in a high school cosmetology program as early as the 9th grade, starting with an Introduction to Cosmetology course. The course can be completed normally in 2 years (typically junior and senior years) with the student completing 500 hours each year for a total of 1,000 hours of cosmetology instruction. A student in high school must also complete 500 hours of related high school courses for academic hours completed.

• When a student completes 900 hours, they are eligible to take the written exam.

• Once the student passes the written exam, they can schedule to take the practical exam.

• Once the student passes the practical exam, they can apply for the license.

Students must be 17 to get licensed.

If a high school student starts the program but doesn’t complete it before graduation, they can transfer those hours to a private school, and will be required to complete the remaining hours of instruction.

Students in private cosmetology schools and at community colleges must complete 1,000 hours of training. No academic hours are given.

Schools offering Instruction A web search tool is available for students to search for specific course types being offered in certain areas of the state. https://www.tdlr.texas.gov/ SchoolCurriculumWebSearch/Default.aspx School statistic reports are available showing student exam pass/fail results for comparison. https://www.tdlr.texas.gov/CosmoDataSearch/

Examination Information For information on exam content, fees, requirements, and procedures, please review the Candidate Information Bulletin linked to the TDLR Cosmetology Exam Information Webpage: https://www.tdlr.texas.gov/cosmet/ cosmetexam.htm The Advisory Board on Cosmetology has 9 members, serving 6-year terms, which include: ● Beauty shop licensee (part of a chain) ● Beauty shop licensee (not part of a chain) ● Private beauty culture school licensee ● Licensed public secondary or postsecondary beauty culture school representative ● Licensed public secondary beauty culture school representative ● Two operator licensees ● Two public members ● Texas Education Agency (nonvoting, ex officio)

TOP 5 VIOLATIONS FOUND DURING AN INSPECTION 1. Failure to have restroom on or near premises without stored chemicals.

2. Establishment, furniture, equipment, and/or fixtures are unclean or are not in good repair.

3. Salon failed to maintain a list of all booth renters (independent contractors).

4. Failure to display notification of Public Interest Information and Participation.

5. Failure to attach current photograph to the front of license, certificate, or permit.

For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

TDLR AAG FORM-001 Sept. 2020

TEXAS DEPARTMENT OF LICENSING & REGULATION CRIMINAL HISTORY EVALUATION AT A GLANCE

Overview: TDLR regulates 39 licensing programs and issued 832,593 licenses in Fiscal Year 2019 to qualified people, businesses, and equipment.

Criminal Background Checks Each original license and renewal license application for an individual is subject to a criminal background check through the Texas Department of Public Safety, using the applicant’s name and date of birth. By law, TDLR runs additional fingerprint-based checks on applicants and licensees in these programs: ●●Driver Education and Safety ●●Hearing Instrument Fitters and Dispensers ●●Podiatry ●●Massage Therapy ●●Professional Employer Organizations ●●Speech-Language Pathologists and Audiologists TDLR’s Enforcement Division reviews each application and criminal history, if any. Applications may be denied if there are criminal convictions or deferred adjudications involving certain offenses.

TDLR is in the process of adopting rules for implementing House Bill 1342 (86th Legislature, Regular Session).

The new law amends the Occupations Code to keep a criminal conviction from disqualifying an occupational licensing applicant from obtaining a license if their offense happened less than five years before they apply and if the offense does not directly relate to the occupation they’re hoping to pursue. TDLR will have to give written notice to an applicant that their license might be denied, and the applicant will be allowed to provide relevant information about the offense before the agency could deny the license. The bill requires the State Auditor’s Office to work with Texas licensing authorities to develop a best practices guide that applicants with a prior conviction can use to assist them with applying for a license.

HB 1342 also requires TDLR to issue restricted licenses for air conditioning and refrigeration contractors and electricians under certain circumstances, instead of denying, revoking, suspending, or refusing to issue or renew a license to someone with a criminal conviction.

Criminal History Evaluation Letter (CHEL) Potential applicants who have a criminal history that could potentially keep them from getting a license can request a criminal history evaluation letter (CHEL) to determine whether they are a candidate for licensure before going through any vocational training for a specific profession.

To request a CHEL, individuals submit a request form, complete a criminal history questionnaire for each crime for which they were convicted or placed on deferred adjudication, and pay a $25 fee.

TDLR Enforcement staff reviews the requestor’s criminal convictions, deferred adjudications, and any other aspect of their criminal history, including court records and police records. Staff may also interview the requestor and any other person with knowledge of the requestor’s criminal background.

TDLR issues the CHEL within 90 days of receiving a complete request. The letter states whether the department would or would not recommend granting a license to the requestor, based on all the information available at that time.

The letter is intended only to provide guidance and information in assisting an individual in making an informed decision about whether to pursue a license. A recommendation in a CHEL is not binding on the department if the requestor later applies for a license. TDLR may view the requestor’s criminal background differently at the time the requestor actually applies for a license due to a change in the requestor’s circumstances, the discovery of additional information, or a change in TDLR policies relating to the criminal backgrounds of applicants.

For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

CRIMINAL HISTORY EVALUATION AT A GLANCE

If a requestor believes he or she should be granted a license despite TDLR’s recommendation to the contrary, the requestor may apply for the license at any time and will be subject again to a full investigation of their criminal background. If, after the requestor applies for an actual license, TDLR then recommends denying the license, the requestor may ask for a hearing at the State Office of Administrative Hearings (SOAH). The final decision following a SOAH hearing will be made by the Texas Commission of Licensing and Regulation.

Criminal Conviction Guidelines TDLR uses guidelines presented in Chapter 53 of the Texas Occupations Code to determine whether a criminal conviction renders an applicant as an unsuitable candidate for a license, or whether a conviction warrants the revocation or suspension of a license that was previously issued.

The guidelines present the general factors that are considered in all cases, and the reasons why particular crimes relate to each type of license issued by TDLR. In deciding whether to seek to deny a license the following factors are considered: ●●The nature and seriousness of the crime; ●●The relationship of the crime to the occupation requiring a license; ●●The extent to which a license might offer an opportunity to engage in further criminal activity; ●●The relationship of the crime to the ability, capacity, or fitness required to perform the duties of the licensed occupation.

Making a Determination Guidelines are not intended to be an exclusive listing. After due consideration, TDLR may find that a conviction not included in the guidelines renders a person unfit to hold a license. Multiple violations of any criminal statute will always be reviewed, for any license type, because they may reflect a pattern of behavior that renders the applicant unfit for the license.

There is no specific crime that results in the automatic denial of a license, but certain crimes are more likely to result in the department recommending a denial. There are two general categories of crimes that TDLR must seriously evaluate and consider before a decision can be made: ●●Crimes that relate to the occupation and have a victim of some type. For example, someone was hurt in some manner or had something stolen from them. This is in keeping with one of the Department’s main goals when issuing licenses: protecting the citizens of Texas. ●● Any crime that is a felony or state jail felony and could result, or has resulted, in an applicant being incarcerated. This is because Chapter 53 of the Texas Occupations Code states that no one who is incarcerated in a felony penal institution may hold a license.

Although the majority of crimes that would result in a denial fall into these two main categories, TDLR can deny for any conviction, deferred adjudication or other information that indicates a lack of honesty, trustworthiness, or integrity to hold a license.

In determining the applicant’s fitness, TDLR will consider: ●●The extent and nature of the person’s past criminal activity; ●●The age of the person when the crime was committed; ●●Time that has elapsed since the person’s last criminal activity; ●●The conduct and work activity of the person before and after the criminal activity; ●● Evidence of the person’s rehabilitation or rehabilitative efforts; and ●● Evidence of the person’s fitness, including letters of recommendation from prosecutors, law enforcement, correctional officers, and any other person in contact with the applicant.

TDLR AAG FORM-042 Oct. 2019

TEXAS DEPARTMENT OF LICENSING & REGULATION DRIVER EDUCATION & SAFETY AT A GLANCE Statutes: Chapter 1001, Education Code Rules: Title 16 T.A.C. Chapter 84 Practice Act? Yes Title Act? Yes

Overview: Anyone between the ages of 14 and 25 who wants to apply for a driver license in Texas must complete a driver education course before receiving a license. Students have three options for completing a driver education course: ● Enrolling in a driver education school. ● Enrolling in a parent-taught driver education course with an approved parent-taught course provider. ● Completing driver education at a public school, education service center, college or university.

Each school establishes a fee schedule for its courses. TDLR maintains a list of licensed driver education schools: https://www.tdlr.texas.gov/ DESSearch.

Instruction The classroom phase of a driver education course is at least 32 hours. Those hours cannot be completed in fewer than 16 days. The in-car phase consists of 7 hours of behind-the-wheel driving, 7 hours of in-car observation, and an additional 30 hours of behind-the-wheel driving (10 hours must be done at night). The additional 30 hours of behind-the-wheel driving is monitored by the parent or guardian and is not required to be provided by a licensed driver education school.

However, the hours must be completed in the presence of an adult who holds a valid license, is 21 or older, has at least one year of driving experience, and occupies the seat next to the driver. ● To obtain a Learner License, a student must be 15 years of age or older; have completed the first 6 hours of driver education (if concurrent method) or all 32 hours of classroom instruction (if block method); and have received a Texas driver education certificate of completion (DE-964). ● To obtain a Provisional License, a student must have held the learner license for at least 6 months, be 16 years old or older, have completed all driver education hours (32 classroom and 44 in-car hours) and pass the driving exam. Once the driving exam is successfully completed, the Texas Department of Public Safety will issue a driver license.

In 2020, TDLR released a driver education course in American Sign Language for deaf or hard of hearing students. The course, which was required by Senate Bill 1051 (85th Texas Legislature) is the first of its kind developed by a state agency in the United States. The course is intended to provide minors and adults who are deaf or hard of hearing a way to fully participate in the classroom portion of the course, but they are not required to use it. In addition to ASL, the course also

Inspections? Yes Facilities? Yes Individuals? Yes Number of Licensees: 3,233 (FY 20) contains a transcript and includes voiceovers in English to ensure accessibility of the highest standards.

The Driver Education Course in American Sign Language (ASL) must be taken through a TDLR-licensed driver education school for students to receive the certificate of completion that’s needed to complete the driver license application process.

TDLR also oversees Driving Safety and Drug and Alcohol Driving Awareness courses.

Judges often require minors to attend a Drug and Alcohol Driving Awareness course if they have been convicted of or placed on deferred adjudication for minor in possession of alcohol. Classes must be at least 6 hours long.

Driver safety courses must encourage the observance of traffic laws and try to reduce the number of traffic violations and traffic-related injuries, deaths, and economic losses. Classes must be at least 6 hours long if they are to be used for traffic citation dismissal. The court must approve taking a driver safety course to dismiss a citation. A driver safety course must cost at least $25 (not including the cost for course materials).

License Required to Operate School or Teach A person may not operate a driving safety school unless they have a driving safety school license and have an agreement with a licensed driving safety course provider. A person must hold a driving safety instructor license to teach a driving safety course.

The Driver Training and Traffic Safety Advisory Committee has 11 members serving 6-year terms, which includes: ● one member representing a driver education school that offers a traditional classroom course and in-car training; ● one member representing a driver education school that offers a traditional classroom course, alternative methods of instruction, or in-car training; ● one member representing a driving safety school offering a traditional classroom course or providing an alternative method of instruction; ● one member representing a driving safety course provider approved for a traditional classroom course and for an alternative method of instruction; (Continued next page)

For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

DRIVER EDUCATION & SAFETY AT A GLANCE ● one member representing a driving safety course provider approved for a traditional classroom course or for an alternative method of instruction; ● one licensed instructor; ● one representative of the Department of Public Safety;

● one member representing a drug and alcohol driving awareness program course provider; ● one member representing a parent-taught course provider; and ● two members representing the public.

License Primary Driver Education school (initial application) Primary Driver Education school (renewal) Branch Driver Education school (initial application) Branch Driver Education school (renewal) Driver Education Instructor license (initial application) — free for applicant teaching a driver education course in a public school Driver Education Instructor license (renewal) Approval of traditional driver education course exclusively for adults Approval of online driver education course exclusively for adults Each additional driver education course Approval of a 32-hour Alternative Method of Instruction (AMI) for driver education classroom Approval of part of a 32-hour AMI for driver education classroom DE-964 certificate of completion ADE-1317 certificate of completion Driving Safety School (initial application) Driving Safety Instructor (initial application) Driving Safety Instructor (renewal) Specialized Driving Safety Instructor (initial application) Specialized Driving Safety Instructor (renewal) Driving Safety Course Provider Driving Safety Course Provider (renewal) Driving Safety Course Approval Specialized Driving Safety Course Approval Driving Safety School (each additional course) Course Completion Certificate Number Drug and Alcohol Driving Awareness School Drug and Alcohol Driving Awareness Program Drug and Alcohol Driving Awareness Program alternative delivery method Drug and Alcohol Driving Awareness Program Awareness School (each additional program) Drug and Alcohol Driving Awareness Instructor (initial application) Drug and Alcohol Driving Awareness Instructor (renewal)

Fee $1,000 $200 $850 $200 $50 $25 $500 $9,000 $25 $15,000 $500/hr $1.00 $1.00 $150 $50 $25 $50 $25 $2,000 $200 $9,000 $9,000 $25 $1.00 $150 $9,000 $9,000 $25 $75 $25

TDLR AAG FORM-032 Sept. 2020

TEXAS DEPARTMENT OF LICENSING & REGULATION DIETITIANS AT A GLANCE Statutes: Chapter 701, Occupations Code Rules: Title 16 T.A.C. Chapter 116 Practice Act? No Title Act? Yes

Number of Licensees: 6,341 (FY 20)

TDLR Inspections? No

Overview TDLR licenses and regulates dietitians in Texas.

A license is required from TDLR to use the titles “Licensed Dietitian” or use the letters “L.D.” A person must be registered with the Commission on Dietetic Registration to use the title “Registered Dietitian” or use the letters “R.D.” A license is not required to use the titles “Dietitian” or “Nutritionist.”

Dietetics studies diet and nutrition and its affect on the human body. Using scientific principles, dietitians use the principles of food, nutrition, biochemistry, physiology, and behavioral sciences to help people take care of themselves and maintain good health.

Licensing To apply for a new license, a completed application form must be submitted along with the fee and the following application materials: ● The registration number issued by the Commission on Dietetic Registration, which serves as proof of meeting the education and experience requirements and passing the licensing exam. ● Proof of successfully completing the Texas Jurisprudence Examination.

Requirements for License Renewal To renew a dietitian license, a licensee must complete the following: ● 12 clock-hours of continuing education during the previous twoyear period ● For renewals on or after Sept. 1, 2020, an HHSC-approved training course on identifying and assisting victims of human trafficking.

A dietitian license is valid for two years after the date of issuance and is renewed biennially.

For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

DIETITIANS AT A GLANCE Examination To qualify for the licensing examination, an applicant must: ● have a baccalaureate or post-baccalaureate degree with a major course of study in human nutrition, food and nutrition, nutrition education, dietetics, or food systems management; or ● an equivalent major course of study approved by the department; and ● have completed an internship or preplanned, documented, professional experience program in dietetics practice of at least 900 hours under the supervision of a licensed dietitian or a registered dietitian approved by the department.

Areas of Expertise The profession of dietetics includes six primary areas of expertise: clinical, educational, management, consultation, community, and research.

Dietetics includes the development, management, and provision of nutrition services through: ● planning, developing, controlling, and evaluating food service systems; ● coordinating and integrating clinical and administrative aspects of dietetics to provide quality nutrition care; ● establishing and maintaining standards of food production, service, sanitation, safety, and security; ● planning, conducting, and evaluating educational programs relating to nutrition care; ● developing menu patterns and evaluating them for nutritional adequacy; ● planning layout designs and determining equipment requirements for food service facilities; ● developing specifications for the procurement of food and food service equipment and supplies;

● developing and implementing plans of nutrition care for individuals based on assessment of nutrition needs; ● counseling individuals, families, and groups in nutrition principles, dietary plans, and food selection and economics; ● communicating appropriate diet history and nutrition intervention data through medical record systems; ● participating with physicians and allied health personnel as the provider of nutrition care; ● planning, conducting or participating in, and interpreting, evaluating, and utilizing pertinent current research related to nutrition care; ● providing consultation and nutrition care to community groups and identifying and evaluating needs to establish priorities for community nutrition programs; ● publishing and evaluating technical and lay food and nutrition publications for all age, socioeconomic, and ethnic groups; and ● planning, conducting, and evaluating dietary studies and participating in nutrition and epidemiologic studies with a nutrition component.

The Dietitians Advisory Board has 9 members serving staggered 6-year terms, which includes: ● six licensed dietitian members, each of whom has been licensed under this chapter for not less than three years before the member’s date of appointment. Dietitian members should represent a balance of representation from these areas of expertise: clinical; educational; management; consultation; and community; ● three members who represent the public.

License

Fees

Licensed Dietitian Initial Application (2-year license)

$108

Licensed Dietitian Renewal (2-year license)

$90

Licensed Dietitian Duplicate License

$25

TDLR AAG FORM-030 Sept. 2020

TEXAS DEPARTMENT OF LICENSING & REGULATION DYSLEXIA THERAPY AT A GLANCE Statutes: Chapter 403, Occupations Code Rules: Title 16 T.A.C. Chapter 120 Practice Act? No Title Act? Yes

Inspections? No Number of Licensees: 994 (FY 20) Overview: The Dyslexia Therapy program licenses and regulates licensed dyslexia therapists and licensed dyslexia practitioners. Licensed dyslexia therapists and licensed dyslexia practitioners are dyslexia educators in Texas that have met the minimum amount of coursework, clinical experience, demonstration lessons, and required examinations for each title.

A license is required to use the titles “Licensed Dyslexia Therapist” and “Licensed Dyslexia Practitioner.”

Licensed dyslexia therapists and licensed dyslexia practitioners are authorized to provide multisensory structured language education.

Multisensory structured language education is a program described by the International Multisensory Structured Language Education Council (IMSLEC) for the treatment of individuals with dyslexia and related disorders that provides instruction in the skills of reading, writing, and spelling.

What is the difference between a licensed dyslexia practitioner and a licensed dyslexia therapist?

A Licensed Dyslexia Practitioner: ● holds a bachelor’s degree (or a more advanced degree) from an accredited public or private institution of higher education; ● has successfully completed a training program accredited by the International Multisensory Structured Language Education Council (IMSLEC) that included: • at least 45 hours of course work in multisensory structured language education; • at least 60 hours of supervised clinical experience in multisensory structured language education; • at least 5 demonstration lessons of the practice of multisensory structured language education, each observed by an instructor; and ● has successfully passed the Alliance National Registration Examination for Multisensory Structured Language Education: Practitioner Level administered by the Academic Language Therapy Association (ALTA).

● A person who holds current certification as an academic language practitioner issued by ALTA is deemed to have satisfied the training and examination requirements. ● A licensed dyslexia practitioner may practice only in an educational setting, including a school, learning center, or clinic.

A Licensed Dyslexia Therapist: ● holds a master’s degree (or a more advanced degree) from an accredited public or private institution of higher education; ● has successfully completed a training program accredited by IMSLEC that included, at a minimum: • at least 200 hours of course work in multisensory structured language education; • at least 700 hours of supervised clinical experience in multisensory structured language education; • at least 10 demonstration lessons of the practice of multisensory structured language education, each observed by an instructor; and ● has successfully passed the Alliance National Registration Examination for Multisensory Structured Language Education: Therapist Level administered by ALTA. ● A person who holds current certification as an academic language therapist issued by ALTA is deemed to have satisfied the training and examination requirements. ● A licensed dyslexia therapist may practice in a school, learning center, clinic, or private practice setting.

For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

DYSLEXIA THERAPY AT A GLANCE License

Fees

Licensed Dyslexia Practitioner Application and initial license

$150

Licensed Dyslexia Practitioner Renewal

$150

Licensed Dyslexia Therapist Application and initial license

$150

Licensed Dyslexia Therapist Renewal

$150

Requirements for License Renewals To renew a dyslexia therapist and dyslexia practitioner license, a licensee must complete the following: ● 20 hours of continuing education during the previous two-year period; and ● for renewals on or after Sept. 1, 2020, an HHSC-approved training course on identifying and assisting victims of human trafficking.

Dyslexia Therapist and Dyslexia Practitioner licenses are valid for two years.

Schools Texas school districts are currently not required by state law to employ licensed dyslexia practitioners or licensed dyslexia therapists. A school district may choose to require that the district’s dyslexia educators hold a TDLR license. That choice is made at the local level and is not required by state law. However, each regional service center must employ at least one licensed dyslexia therapist, effective June 15, 2017, in accordance with the requirements of House Bill 1886, 85th Texas Legislature, Regular Session.

Program History: The Dyslexia Therapy program was moved to TDLR by Senate Bill 202 (84R), which transferred thirteen programs to TDLR from the Department of State Health Services.

TDLR assumed all activities relating to the Dyslexia Therapy program on October 3, 2016, including licenses and renewals, customer service, and enforcement.

The Dyslexia Therapists Advisory Committee has 5 members serving 6-year terms, which includes: ● two dyslexia therapists licensed under the Act; ● one dyslexia practitioner licensed under the Act; and ● two consumer or public members, one of whom must be a person with dyslexia or the parent of a person with dyslexia.

TDLR AAG FORM-015 Sept. 2020

TEXAS DEPARTMENT OF LICENSING & REGULATION ELIMINATION OF ARCHITECTURAL BARRIERS AT A GLANCE

Statutes: Chapter 469, Government Code Rules: Title 16 T.A.C. Chapter 68 Practice Act? No Title Act? No

Number of Licensees: 21,971 (FY 20)

Inspections? Yes Overview: The Elimination of Architectural Barriers (EAB) law is meant to ensure that buildings and facilities constructed or altered in Texas are accessible and functional for all persons with disabilities.

The statute requires compliance with the Texas Accessibility Standards (TAS).

The EAB law is intended to further the state’s policy of encouraging and promoting the rehabilitation of persons with disabilities, and to eliminate unnecessary barriers that restrict their ability to engage in gainful occupations or to achieve maximum personal independence.

Project Registration & Review Projects with total estimated costs of $50,000 or more must be registered with TDLR. A full set of construction documents must be submitted to a Registered Accessibility Specialist (RAS) for review in accordance with Texas Administrative Code Rule 68.50.

If a project’s total estimated cost is less than $50,000, the project is not required to (but may) be submitted to TDLR for registration and review; however, depending on the type of project, it may still be required to comply with the Texas Accessibility Standards.

A local jurisdiction or building official may require project registration even if the project cost is less than $50,000.

For determinations of whether a facility is subject to compliance with the Texas Accessibility Standards, please see Chapter 469, Government Code, Section 469.003, and Chapter 68, TDLR Administrative Rules, Sections 68.20 and 68.30. You may also contact a TDLR program specialist by calling toll free at (877) 2780999 or by sending your inquiry via e-mail to techinfo@tdlr.texas. gov. If you are a member of the news media, please send your inquiry to the Media Relations Office (media.inquiries@tdlr.texas. gov) for prompt response.

Type of Fee

Amount

Project Filing Fee

$175

Late Project Filing Fee

$300

State Lease Inspection (no construction) Fee

$225 per lease

Special Review or Inspection

$215 per hour, one hour minimum

Variance Application Fee

$175 each

Variance Appeal Fee

$200

Texas Accessibility Academy Fee

$150

History The Elimination of Architectural Barriers law was passed in 1969 and became effective Jan. 1, 1970. Enforcement of the law went through various agencies – the State Building Commission, the State Board of Control, the State Purchasing and General Services Commission – before finding its current home, the Texas Department of Licensing and Regulation, in 1991.

Landmark dates for the EAB program: ● January 1970 — Publicly owned buildings (libraries, schools, city halls, the State Capitol, etc.) had to be accessible ● January 1972 — State leased offices had to be accessible ● January 1992 — Privately owned public buildings (stores, theatres, service shops, recreation facilities, hotels, etc.) had to be accessible ● September 1993 — Facilities affecting commerce (warehouses, factories, etc.) had to be accessible The Elimination of Architectural Barriers Advisory Committee has 9 members serving staggered 3-year terms. The committee is composed of building professionals and persons with disabilities who are familiar with architectural barriers problems and solutions. Persons with disabilities must make up a majority of the membership.

For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

ELIMINATION OF ARCHITECTURAL BARRIERS AT A GLANCE RAS Registration

Fee

Application for Certificate of Registration

$300

Registration Renewal

$250

Registered Accessibility Specialist A person seeking TDLR certification as a Registered Accessibility Specialist (RAS) must meet the following minimum qualifications: ● any one of the following: • a degree in architecture, engineering, interior design, landscape architecture, or equivalent, and a minimum of one year of experience related to building inspection, building planning, accessibility design or review, accessibility inspection, or equivalent; or • eight years of experience related to building inspection, building planning, accessibility design or review, accessibility inspection, or equivalent; or • four years of experience related to building inspection, building planning, accessibility design or review, accessibility inspection, or equivalent, and certification as an accessibility inspector/plans examiner granted by a model building code organization; • complete the application and pay all required fees; and ● pass an examination approved by the department.

A RAS is hired by a building owner to perform plan reviews or inspection services to verify compliance with the Texas Accessibility Standards. They will then issue reports of their findings to the owner and TDLR.

Resources and materials at your fingertips!

Publications available on the EAB web page include, among many more, the following: ● Texas Accessibility Standards, (2012 and 1994) ● Chapter 469, Government Code, Elimination of Architectural Barriers Act, (the EAB Law) ● EAB Administrative Rules, 16 Texas Administrative Code, Chapter 68 ● RAS Procedures ● Project Data Search ● Search RAS Licensees ● Frequently Asked Questions ● EAB Advisory Committee ● Check out the EAB Web page at https://www.tdlr.texas.gov/ab/ab.htm Texas Accessibility Academy The Texas Accessibility Academy is a two-day comprehensive study of the Elimination Architectural Barriers (EAB) program law, administrative rules, and the 2012 Texas Accessibility Standards (TAS). Presented by staff from TLDR’s Architectural Barriers Program, the course includes information about how the law and TAS relate to the American with Disabilities Act (ADA) and the 2010 ADA Standards for Accessible Design. The EAB law and TAS are relevant to public and commercial buildings and facilities, but do not apply to private residences.

The class offers 16 hours of continuing education for registered accessibility specialists and design professionals.

To find out more about the next Texas Accessibility Academy, visit https:// www.tdlr.texas. gov/ab/taa.htm.

TABS, Texas Architectural Barriers System TABS is the online system used to register construction projects with TDLR. The system also allows a RAS to update project information and project status. Professionals, owners and others who plan to register a project must sign up online as a TABS user.

To access TABS, go to www.tdlr.texas. gov/tabs

TDLR AAG FORM-024 Sept. 2020

TEXAS DEPARTMENT OF LICENSING & REGULATION ELECTRICIANS AT A GLANCE

Statutes: Chapter 1305, Occupations Code Rules: Title 16 T.A.C. Chapter 73 Practice Act? Yes Title Act? Yes Number of Licensees: 157,850 (FY 20)

Overview: Anyone who performs, or offers to perform, nonexempted electrical work in the state of Texas must be licensed.

Electrical work includes any labor or material used in installing, maintaining or extending an electrical wiring system. “Electrical work” also includes any items or equipment used in connection with the use of electrical energy inside or outside a building or property as defined by the National Electrical Code.

For exemptions to the licensing law, see: https://www.tdlr.texas.gov/electricians/elecfaq.htm#exemptions.

Individual license requirements: ● Electrical Apprentice: Be at least 16 years old; assisting in the installation of electrical work under the supervision of a master electrician. ● Electrical Sign Apprentice: be at least 18 years old; assisting in the installation of electrical work under the supervision of a master sign electrician. ● Master Electrician: 12,000 hours of on-the-job training under the supervision of a master electrician; hold a journeyman electrician license for at least two years; passing score on the master electrician examination. Note: The Journeyman Lineman and Journeyman Industrial electrician licenses are limited licenses and NOT the equivalent of a Journeyman Electrician license. ● Master Sign Electrician: 12,000 hours of on-the-job training under the supervision of a master or master sign electrician; passing score on the master sign electrician examination. ● Journeyman Electrician: 8,000 hours of on-the-job training under the supervision of a master electrician; passing score on the journeyman electrician examination. ● Journeyman Sign Electrician: 8,000 hours of on-the-job training under the supervision of a master or master sign electrician; passing score on the journeyman sign electrician examination.

● Journeyman Lineman: 7,000 hours of training in an apprenticeship program approved by the United States Department of Labor; or 3 ½ years of experience as a journeyman lineman for electric utility, electric cooperative, municipality owned utility, or electrical contractor in this state; passing score on the journeyman lineman examination. ● Journeyman Industrial Electrician: have at least 8,000 hours of on-the-job training as a licensed electrical apprentice under the supervision of a master electrician; and pass a journeyman industrial electrician examination administered or accepted by the Department. ● Residential Wireman: 4,000 hours of on-the-job training under the supervision of a master electrician or residential wireman; passing score on the residential wireman examination. ● Maintenance Electrician: 8,000 hours of on-the-job training under the supervision of a master electrician or a maintenance electrician; passing score on the maintenance electrician examination. ● Residential Appliance Installer: be at least 16 years old; pass the residential appliance installer examination.

For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

ELECTRICIANS AT A GLANCE Business license requirements: ● Electrical Contractor: you must be a licensed master electrician, or employ a licensed master electrician; All contractors must meet the statutory requirements for workers’ compensation insurance and business liability insurance: • (1) Minimum $300,000 per occurrence (combined for property damage and bodily injury); • (2) Minimum $600,000 aggregate (total amount the policy will pay for property damage and bodily injury coverage); and • (3) Minimum $300,000 aggregate for products and completed operations. ● Electrical Sign Contractor: must be a licensed master electrician or master sign electrician, or employ a licensed master electrician or master sign electrician as described above; ● Residential Appliance Installation Contractor: must be a licensed residential appliance installer, or employ a licensed residential appliance installer. Meet insurance requirements.

The Electrical Safety and Licensing Advisory Board has 9 members serving 6 year terms, which includes: ● three master electrician members; ● three journeyman electrician members; ● one master sign electrician member; and ● two public members.

Of the nine members, the board must include: ● two members who are affiliated with a statewide association of electrical contractors not affiliated with a labor organization; ● three members who are affiliated with a labor organization; ● one member who is not affiliated with a statewide association of electrical contractors or with a labor organization; ● one member who is affiliated with a historically underutilized business, as that term is defined by Section 2161.001, Government Code; and ● One public member who is a building contractor principally engaged in home construction and is a member of a statewide building trade association. A licensed electrical engineer or an electrical inspector may be appointed as a public member of the advisory board.

License Types

Fees

Master Electrician

$45

Master Sign Electrician

$45

Journeyman Electrician

$30

Journeyman Sign Electrician

$30

Journeyman Lineman

$30

Journeyman Industrial Electrician (as of 9/1/18)

$30

Residential Wireman

$20

Maintenance Electrician

$20

Residential Appliance Installer

$30

Residential Appliance Installer Contractor

$110

Electrical Contractor

$110

Electrical Sign Contractor

$110

Electrical Apprentice

$20

Electrical Sign Apprentice

$20

For information on exam content, fees, requirements, and procedures, please review the Candidate Information Bulletin linked to the TDLR Electrician Exam Information web page (www.tdlr.texas.gov/electricians/elecexam.htm).

Check if an Electrician has a license: https://www.tdlr. texas.gov/LicenseSearch/.

Check if an Electrician has been fined or had their license revoked: https://www.tdlr.texas.gov/cimsfo/fosearch.asp.

Concerned about an Electrician or Technician? File a complaint: https://www.tdlr.texas.gov/complaints/.

TDLR AAG FORM-002 Sept. 2020

TEXAS DEPARTMENT OF LICENSING & REGULATION ELEVATORS, ESCALATORS & RELATED EQUIPMENT AT A GLANCE

Statutes: Chapter 754, Health and Safety Code Rules: Title 16 T.A.C. Chapter 74 Practice Act? No Title Act? No Number of Licenses: 35,366 (FY 20) Overview: TDLR regulates elevators, escalators and related equipment to ensure the safety of passengers. TDLR also regulates contractors and inspectors who work with elevators, escalators, and other related equipment.

Inspection and Certificate of Compliance Elevators and related equipment must be inspected every 12 months.

The inspection report and all required documents and fees must be submitted to TDLR to receive a Certificate of Compliance. The building owner is responsible for obtaining a Certificate of Compliance for each elevator and escalator in the building, and for posting it in a conspicious place.

Approximately 175 third-party inspectors perform inspections of elevators and escalators in Texas.

Every five years, a Category 5, full-load test must be performed.

Category 5 testing is required only on Electric (a.k.a. traction) elevators only by the adopted Safety Code for Elevators, Escalators and Related Equipment (ASME A17.1).

Equipment installed in single-family dwellings is not regulated

by TDLR except for provisions in Section 754.0141 that require an inspection by a registered TDLR inspector after it is installed. These requirements are to ensure that the homeowner receives a codecompliant piece of equipment.

Installation/Alteration ● Before installing or altering an elevator or escalator, the registered elevator contractor must submit detailed plans to TDLR and obtain approval of the plans. ● If an elevator or escalator is being altered, the registered elevator contractor must submit a written description of the scope of work, on company letterhead, describing each alteration to be performed. ● Installation or alteration of elevators and escalators must conform to ASME Code A17.1.

“Incident” vs. “Accident” An “incident” is any injury that happens from riding elevator or escalator equipment. An “accident” is an incident where the injured party dies or sustains serious bodily injury from riding the elevator equipment.

Insurance Required An elevator contractor must maintain general liability insurance at all times during a license period. The required general liability insurance must be not less than: ● $1,000,000 for each single occurrence of bodily injury or death; and ● $500,000 for each single occurrence of property damage.

Safety Measures ● Door restrictors are devices that prevent the elevator cab doors from opening when an elevator is not within its “landing zone” and they are installed for one primary reason: to prevent serious injury or death. They keep people from opening the doors of a stalled elevator car and attempting to crawl out. For safety reasons, any passenger elevator in Texas without door restrictors OR found to have non-working door restrictors must be immediately removed from service. The elevator will not be placed back into service until it is inspected and has all required safety features verified by a registered elevator inspector. ● Firefighters’ service is a special operating mode for elevators that protects the public by sending elevator cabs to a safe floor for exiting. To make buildings safer during a fire, the law requires all passenger elevators to be equipped with firefighters’ service.

To protect the public, any passenger elevator in Texas without firefighters’ service OR found to have non-working phase one firefighters’ service must be immediately removed from service.

TDLR has the authority to protect the public from dangerous conditions that may exist due to an elevator or escalator operating improperly.

Inspection history for elevators or related equipment is available on the TDLR website (www.tdlr.texas.gov/Elevator_ SearchApp/Elevator) or at (800) 803-9202.

File a complaint against a building owner, elevator inspector or elevator contractor on the TDLR website (www.tdlr.texas.gov).

For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

ELEVATORS AT A GLANCE CONTRACTOR REGISTRATION Original Application

$115

Renewal Application

$115

Revised/Duplicate Registration card

$25

INSPECTOR REGISTRATION Original Application

$50

Renewal Application

$50

Revised/Duplicate Registration card

$25

FILING FEES (PER UNIT OF EQUIPMENT) Inspection report

$20

Late Filing fee - for every 30-day period filed after the required 60th day submission (see $10 Elevator Late Fee Calculator for information on how to determine your late filing fees.)

Revised/Duplicate Certificate of Compliance

$25

Waiver/Delay Application - each violation per unit of equipment requested to be waived $50 or delayed

ELEVATOR/ESCALATOR PLAN REVIEW (INSTALLATION OR ALTERATION) Standard Review

$200 per unit, max. fee $5,000

Expedited Review

$1,000 per unit, no max. fee

Amending previously-approved plans

$100 per unit, max. fee $2,500

VARIANCE OR APPEAL FEES FOR NEW TECHNOLOGY Variance New Technology Application

$2,500

Appeal New Technology Application Denial

$200

NOTE: All fees submitted are non-refundable The Elevator Advisory Board has 9 members serving staggered 3-year terms, which includes: ● a representative of the insurance industry or a registered elevator inspector; ● a representative of equipment constructors; ● a representative of owners or managers of a building having fewer than six stories and having equipment; ● a representative of owners or managers of a building having six stories or more and having equipment; ● a representative of independent equipment maintenance companies; ● a representative of equipment manufacturers; ● a licensed or registered engineer or architect; ● a public member; and ● a public member with a physical disability.

TDLR AAG FORM-006 Sept. 2020

TEXAS DEPARTMENT OF LICENSING & REGULATION MOTOR FUEL METERING & QUALITY AT A GLANCE Statutes: Chapter 2310, Occupations Code Rules: Title 16 T.A.C. Chapter 97 Number of Licensees: • Suppliers: 104 • Distributors: 498 • Service companies: 145 • Service technicians: 695 • Devices: 225,166

Overview: Senate Bill (SB) 2119 (86th Legislature), effective Sept. 1, 2020, transfers oversight of the Motor Fuel Metering and Quality Program (FMQ) to TDLR from the Texas Department of Agriculture (TDA). TDLR is the agency responsible for regulating motor fuels in Texas.

TDLR conducts investigations for fuel quality, dispenser (“pump”) performance, suspected skimmers, and pricing in response to complaints.

TDLR also registers motor fuel metering devices (devices), fuel suppliers, distributors and wholesalers; and licenses the service companies and technicians who perform device repairs, testing, and maintenance.

Regulatory Requirements: Fuel stations must visibly display their current certificate of registration where consumers can see it.

Not later than Dec. 1, 2020, All fuel dispensers must display the new TDLR consumer information stickers instead of stickers from TDA. The stickers show the taxes included in the price of each gallon of fuel, as well as information on how a consumer can file a complaint with TDLR. Licensing: TDLR licenses the following: ● Service Companies (companies that perform inspections, testing, repairs, and calibrations, including Device Performance Reviews on devices).

Note: Service company owners and service technicians must undergo criminal background checks before licensing and at renewal.

● Service Technicians (employees of service companies who perform the calibration, maintenance and repairs on devices) ● Motor Fuel Metering Devices (meters that measures the volume of motor fuel passing through a dispenser to the consumer) ● Distributors, Wholesalers, and Jobbers (companies that deliver motor fuels to retail motor fuel locations) ● Suppliers (facilities where fuel is loaded into a transport truck by a distributor, wholesaler or jobber) Skimmers: TDLR conducts technical inspections of suspected payment card skimmers (skimmer) in unattended fuel dispensers. When TDLR receives a complaint, a program specialist is sent to the location and inspects each fuel dispenser to determine whether a skimmer is present. If a skimmer is found, TDLR works with law enforcement to remove the device.

State law requires service technicians and merchants to take steps to protect consumers through mandatory reporting and disabling of fuel dispensers where a skimmer has been found.

TDLR requires service technicians to inspect for skimmers each time a dispenser is opened for repairs or maintenance. When a service technician finds a skimmer, they must report it to the merchant immediately.

Whether a skimmer is found by a service technician or a merchant, the merchant is responsible for immediately notifying law enforcement and disabling all dispensers where skimmers have been located. The merchant must report the discovery to TDLR within 24 hours using the online webform. Dispensers must be taken out of service until law enforcement or TDLR has responded to ensure that the devices have been properly removed.

For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

TEXAS DEPARTMENT OF LICENSING & REGULATION Fees: Distributor, Wholesaler, Jobber Supplier Service Company

Service Technician Device with max flow rate of 20 Gallons Per Minute (GPM) or less (Delivering multiple gasoline product per nozzle) Device with max flow rate of 20 Gallons Per Minute (GPM) or less (Delivering 1 gasoline product per nozzle) Device with max flow rate of 20 Gallons Per Minute (GPM) or less (Delivering 1 diesel or other nongasoline product per nozzle) Device with max flow rate greater than 20 GPM-100 GPM Device with max flow rate greater 100 GPM Liquid Petroleum Gas meter used to deliver motor fuel

Fees are for 2-year licenses or registration

$80 $2,600 $300 per device category ($200 per additional device category) $30 $93

$31

$31

$76 $251 $130

Complaints ● To file a complaint related to motor fuels or skimmers, consumers should fill out a form at https://www.tdlr.texas.gov/ FMQcomplaints/. ● To report an environmental emergency, discharge, spill, or air release, consumers should call the State of Texas SpillReporting Hotline at 1-800-832-8224 – 24 hours a day. For more information, including links to rules, laws, technical assistance, waste management, and State Emergency Response Commission (SERC), see the Texas Commission on Environmental Quality website (https://www.tceq.texas.gov/ response/spills/spills.html).

Stakeholder Workgroup The Motor Fuel Metering and Quality Stakeholder Workgroup provides input, advice, and recommendations to TDLR. The workgroup has 15 members including: ● Two Licensed Service Companies: ○ one from an area with a population of 250,000 or greater, and ○ one from an area with a population of less than 250,000 ● Three Convenience Store Operators: ○ one operator with 100 or fewer motor fuel devices; ○ one operator with greater than 100 motor fuel devices, but less than 1,000; and ○ one with 1,000 or more motor fuel devices ● One Bulk Meter Operator ● One Liquid Propane Gas Operator ● Two Fuel Marketers (includes suppliers, distributors or wholesalers) ● One Law Enforcement Agency Representative experienced in skimmer investigations ● Two Financial Institution or Credit Card issuer representatives ● TDLR representative (ex officio) ● Office of the Attorney General member (ex officio) ● Texas Department of Agriculture representative (ex officio)

TDLR AAG FORM-097 Oct. 2020

TEXAS DEPARTMENT OF LICENSING & REGULATION HEARING INSTRUMENT FITTERS & DISPENSERS AT A GLANCE

Statutes: Chapter 402, Occupations Code Rules: Title 16 T.A.C. Chapter 112 Inspections? No Number of Licensees and Permit Holders: 838 (FY 20)

Practice Act? Yes Title Act? Yes

Overview: A person who fits and dispenses hearing instruments in Texas must be licensed by TDLR. Licensing and regulation of hearing instrument fitters and dispensers in Texas began in 1969. The program was transferred to TDLR from the Department of State Health Services by the 84th Texas Legislature through enactment of Senate Bill 202, 84th Texas Legislature in 2015.

Applicants To obtain a Hearing Instrument Fitter and Dispenser License, an applicant must first complete the requirements of the Temporary Training Permit and the Apprentice Permit, or apply as a licensed fitter and dispenser of hearing instruments from another state.

The first step toward licensure is completing the requirements of the Temporary Training Permit. These requirements include training hours under direct supervision and passing the written test and practical test. A temporary training permit holder shall have at least 150 hours of directly supervised practicum that shall include the following:

License

Fee

Hearing Instrument Fitter and Dispenser License Initial Application (2-year license)

$205

Hearing Instrument Fitter Renewal (2-year license) $205 Apprentice Permit & Initial Application (1-year permit)

$205

Duplicate License Fee

$25

Apprentice Permit Extension (1-year extension)

$25

Temporary Training Permit Initial Application (1-year permit)

$205

Temporary Training Permit Extension (1-year extension)

$25

Continuing Education Provider

$200/year

● 25 contact hours of pure tone air conduction, bone conduction, and speech audiometry, recorded and live voice, with 15 of the required hours being with actual clients; ● 25 client contact hours of hearing instrument evaluations, including sound-field measurements with recorded and live voice; ● 20 contact hours of instrument fittings with actual clients; ● 10 contact hours of earmold orientation types, uses, and terminology; ● five contact hours of earmold impressions and otoscopic examinations of the ear; ● 15 contact hours of troubleshooting of defective hearing instruments; ● 20 contact hours of case history with actual clients; ● 10 contact hours regarding the laws governing the licensing of persons fitting and dispensing hearing instruments and federal Food and Drug Administration and Federal Trade Commission regulations relating to the fitting and dispensing of hearing instruments; and

● 20 contact hours of supplemental work in one or more of the areas described by paragraphs (1) through (8). ● An additional 10 contact hours of masking shall be completed under the direct supervision of the supervisor. Once the supervised practicum hours are complete, the Temporary Training Permit holder will take the written examination and the practical examination.

Upon completing the training hours and passing the written test and practical test, the Temporary Training Permit holder will apply for an Apprentice Permit. An Apprentice Permit applicant must provide proof of completing the Temporary Training Permit requirements and completing the jurisprudence test and pass a criminal background check. An apprentice permit holder works under the supervision of a licensed individual for one year and completes 20 classroom hours of continuing education in approved subject matter.

For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

HEARING INSTRUMENT FITTERS & DISPENSERS AT A GLANCE To apply for a hearing instrument fitter and dispenser license, an apprentice must submit the application, fee, employer’s surety bond, certificate of completion of jurisprudence test, and fingerprints. An applicant who is a licensed hearing instrument fitter and dispenser in another state will submit an application, license verification from the state in which they are licensed, proof of passing the written test, jurisprudence test completion certificate, employer’s surety bond, and fingerprints for a criminal background check. The out-of-state applicant must pass the Texas practical test before receiving a Texas license.

An applicant who is a licensed hearing instrument fitter and dispenser in another state will submit an application, license verification from the state in which they are licensed, proof of passing the written test, jurisprudence test completion certificate, and fingerprints for a criminal background check. The out-of-state applicant must also pass the Texas practical test to receive a Texas license.

Licensing Examination The Licensing Examination consists of the written test, the practical test, and the jurisprudence test. The Texas Hearing Instrument Fitter & Dispenser Jurisprudence test content is based on state and federal laws, rules, and regulations relating to the fitting and dispensing of hearing instruments. The examination may not test knowledge of the diagnosis or treatment of any disease of or injury to the human body.

Human Trafficking Prevention Training Course HB2059, passed in the 86th Regular Session of the Texas Legislature, requires all fully licensed Hearing Instrument Fitters and Dispensers to complete a one-hour HHSC-approved Human Trafficking Prevention Training Course as a requirement for license renewal.

The Hearing Instrument Fitters & Dispensers Advisory Board has 9 members serving staggered 6-year terms, which includes: ● six members licensed under this chapter who have been engaged in fitting and dispensing hearing instruments for at least five years preceding appointment, not more than one of whom may be licensed under Chapter 401; ● one member who is actively practicing as a physician licensed by the Texas Medical Board and who is a citizen of the United States and specializes in the practice of otolaryngology; and ● two members of the public.

TDLR AAG FORM-016 Sept. 2020

TEXAS DEPARTMENT OF LICENSING & REGULATION TDLR HUMAN TRAFFICKING RESPONSE AT A GLANCE Human trafficking is the exploitation of men, women, and children for labor or sex using force, fraud or coercion. Although trafficking victims may interact regularly with customers, language barriers, emotional manipulation and intensive monitoring can make it difficult for them to reach out for help.

Labor trafficking and exploitation can happen in any industry. Several industries regulated by TDLR, including nail salons, hair salons and massage establishments, have a known nexus with human trafficking. Because TDLR employees inspect nail salons, hair salons, massage establishments and other worksites, they can often be the first ally to have contact with potential human trafficking victims. TDLR employees who routinely interact with licensees receive training on recognizing signs of potential trafficking TDLR’s efforts include: ● Conducting periodic, unannounced inspections of massage establishments and cosmetology salons ● Cooperating with local, state and federal law enforcement agencies by providing detailed information on possible human trafficking ● Investigating violations of the Texas Occupations Code and Administrative Rules ● Training all employees to spot signs of human trafficking ● Creating and distributing human trafficking awareness signs for cosmetology and massage facilities, as required by state law ● Providing specialized training for all TDLR personnel who may encounter human trafficking TDLR field staff report signs of human trafficking to the National Human Trafficking Hotline at 1-888-373-7888.

The TDLR Anti-Trafficking Unit (ATU) was created in 2019 to bolster TDLR’s efforts in the fight against human trafficking in the agency’s regulated industries. Part of the agency’s fight against human trafficking involves identifying illicit massage businesses within its regulated community and coordinating with local law enforcement throughout Texas. The ATU also works with the Labor Trafficking Working Group and the Texas Human Trafficking Prevention Coordinating Council and helps connect trafficking survivors with community and social services.

The ATU team searches online reviews and websites that may advertise illicit services to identify facilities and therapists that may not be in compliance with the occupations code and administrative rules. TDLR inspectors then visit the illicit establishments to inspect and work to guide the establishments into compliance.

TDLR Enforcement in Regulated Programs ● Massage Therapy: According to Polaris, illicit massage businesses were the top venue nationwide (and second in Texas) for sex trafficking. Texas massage therapists, establishments and massage schools must have a license issued by TDLR.

As of Sept. 1, 2019, all massage therapists, establishment owners and massage school owners undergo a national fingerprintbased criminal history check. Previous convictions, nolo contendere or guilty pleas or deferred adjudications for sexual or human trafficking offenses can keep an applicant or license holder from receiving or renewing a license. As of Jan. 1, 2020, licensed massage therapists must attach their photo to the front of their license.

TDLR inspectors perform unscheduled inspections at licensed massage establishments at least once every two years. During the inspection, inspectors check individual and facility licenses in addition to ensuring the licensees are complying with sanitation and record keeping requirements. Here’s where you can find more info about inspections: https://www.tdlr.texas.gov/mas/masinspect.htm/. ● Cosmetology: TDLR inspectors perform unscheduled inspections at cosmetology establishments at least once every two to four years. During the inspection, inspectors check individual and facility licenses in addition to ensuring the licensees are complying with sanitation requirements. It’s important to note that cosmetologists and manicurists may have a rare opportunity to interact with sex trafficking victims as traffickers want trafficking victims to receive services that enhance their physical appearance.

● To report suspected human trafficking, contact the National Hotline for Human Trafficking at 1-888-373-7888 or text HELP or INFO to BeFree (233733). ● If the situation is an emergency or you believe someone is in immediate danger, call 911 and alert the authorities. ● You should also file a complaint on a business you suspect may be participating in human trafficking.

For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

TDLR AAG FORM-039 Nov. 2020

TEXAS DEPARTMENT OF LICENSING & REGULATION INDUSTRIALIZED HOUSING AND BUILDINGS AT A GLANCE Statutes: Chapter 1202, Occupations Code Rules: Title 16 T.A.C. Chapter 70 Practice Act? Yes Title Act? No Number of Licensees: 715 (FY 20)

Overview: The IHB program covers structures constructed in one or more modules at a location other than the installation site and designed to be used as a commercial structure or permanent residential structure when installed.

The buildings are closed construction and cannot be inspected at the installation site without disassembling the building or destroying a portion of the building.

Commercial Buildings that are regulated include permanent commercial structures and commercial structures designed to be transported from one commercial site to another commercial site, but do not include the following: ● A commercial building that is installed on a temporary foundation and that is either: • not open to the public; or • less than 1,500 square feet in total area and used as other than a school or a place of religious worship. ● Construction site buildings. A construction site building is a commercial structure that is not open to the public and is used for any purpose at a commercial site by a person constructing a building, road, utility, or other infrastructure or improvement to real property.

Residential Industrialized housing is designed for one or more families, is constructed in one or more modules or using one or more modular components built at a location other than the permanent site; and is designed to be used as a permanent residential structure when it has been transported to the permanent site and installed on a permanent foundation system. Industrialized housing includes the structure’s plumbing, heating, air conditioning, and electrical systems.

Industrialized housing does not include: ● housing constructed of a sectional or panelized system that does not use a modular component; or ● a ready-built home constructed in a manner in which the entire living area is contained in a single unit or section at a temporary location for the purpose of selling and moving the home to another location.

Manufacturers cannot release an industrialized house or building to someone who does not have either an industrialized builder registration or an installation permit issued by TDLR. Someone purchasing or leasing an industrialized house or building for their own use, or their company’s use, may file for an installation permit in lieu of registering as an industrialized builder.

What is the difference between Industrialized (modular) Homes and Manufactured Homes?

The primary differences between an industrialized (modular) home and a manufactured home are: ● The codes to which the homes are built. Modular housing in the state of Texas is constructed to the same codes as site-built housing. Manufactured housing is constructed to federal HUD code standards. ● Modular homes must be installed on a permanent foundation system. ● Titles are not issued for modular homes. Once installed the home becomes part of the real property. ● A municipality may not differentiate between modular homes built under the Texas IHB program and site-built homes.

For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

INDUSTRIALIZED HOUSING AND BUILDINGS AT A GLANCE Types of IHB Registrants ● IHB Manufacturer An Industrialized Housing and Building (IHB) manufacturer constructs or assembles modules or modular components at a manufacturing facility and then offers those modules or modular components for sale or lease, or other uses. ● Industrialized Builder A person who is a retailer of industrialized housing or buildings, or who is responsible for the assembly, connection, and on-site construction and erection of an industrialized house or building for someone other than themselves must be registered as an industrialized builder. ● Design Review Agency A Design Review Agency (DRA) is an approved organization, private or public, determined by the Texas Industrialized Building Code Council to be qualified to review designs, plans, specifications, and building systems documentation, and to certify compliance to the code by affixing the council’s stamp. ● REF Builder A Relocatable Educational Facility (REF) must meet all the provisions of the IHB law, even if the REF is built from the ground up at the installation site. REFs that are constructed in a manufacturing facility and are then moved to the installation site are also regulated by the IHB law. ● Third-Party Inspector A Third-Party Inspector (TPI) is an approved person or agency, private or public, determined by the Texas Industrialized Building Code Council to be qualified to inspect industrialized housing, buildings, and portions of them for compliance with the approved plans, documentation, compliance control program, and applicable code. ● Third-Party Inspection Agency.

A Third-Party Inspection Agency (TPIA) is an approved person or entity determined by the council to be qualified by reason of facilities, personnel, experience, demonstrated reliability, and independence of judgment to inspect industrialized housing, building, site-built REFs, and portions thereof for compliance with the approved plans, documentation, compliance control program, and applicable codes.

● Third-Party Site Inspector A Third-Party Site Inspector (TPSI) is an approved person determined by the council to be qualified by reason of experience, demonstrated reliability, and independence of judgment to inspect construction of REF’s or the foundation and installation of industrialized housing, buildings, and portions thereof for compliance with the approved plans or engineered plans and the applicable code. ● Installation Permit An Installation Permit is a registration issued by the department to a person who purchases an industrialized house or building for the person’s own use and who assumes responsibility for all or part of the construction related to the installation of the house or building.

Registration

Fees

Manufacturer

$750

REF Builder

$750

Industrialized Builder

$325

Design Review Agency

$300

Third-Party Inspection Agency

$150

Third-Party Site Inspector

$100

Installation Permit (business or individual)

$75

Oversight The Industrialized Housing and Building Code Council has 12 members serving staggered 2-year terms, including: ● three members who represent the industrialized housing and building industries; ● three members who represent municipal building officials from municipalities with a population of more than 25,000; ● three members who represent general contractors who construct housing or buildings on-site; ● one member who is an engineer licensed in this state who acts as a structural engineer; ● one member who is an engineer licensed in this state who acts as an electrical engineer; and ● one member who is an architect registered in this state.

The Governor appoints the members of the council.

TDLR AAG FORM-029 Sept. 2020

TEXAS DEPARTMENT OF LICENSING & REGULATION LASER HAIR REMOVAL AT A GLANCE

Statutes: Chapter 401, Sections 501-522, Health and Safety Code Rules: Title 16 T.A.C. Chapter 118 Practice Act? Yes Title Act? Yes Inspections? No Advisory Board? No Number of Licensees: 3,069 (FY 20) Overview: Anyone in Texas practicing laser hair removal (LHR) — the use of a laser or pulsed light device for “non-ablative” hair removal procedures — must be licensed. A non-ablative hair removal procedure is a hair removal procedure that uses a laser or pulsed light device that does not remove the epidermis – the outermost layer of skin.

TDLR licenses and regulates individuals who perform LHR procedures and business facilities where LHR is performed. TDLR also approves LHR training providers and certification programs for LHR Professionals.

TDLR does not regulate laser hair removal performed in a licensed hospital, a clinic owned or operated by a licensed hospital, or a facility owned or operated by a physician for the practice of medicine.

TDLR also does not regulate the functionality or performance of the laser itself.

Licenses Laser Hair Removal licenses are valid for two years. ● Laser Hair Removal Apprentice-In-Training All training must be completed with a TDLR-approved training provider.

• Must be at least 18 years old.

• Must complete an agency-approved 40-hour LHR training course, which consists of: • 24 hours of training in LHR device safety; laser physics; skin typing; skin reactions; treatment protocols; burns; eye protection; emergencies; and post-treatment protocols; and • 16 hours of training in cardio-pulmonary resuscitation; review of client’s pre-existing conditions; review of client’s previous hair removal procedures by another modality; review of client’s current medications; proper signage and posting; use of a LHR device; and anesthesia used in conjunction with LHR procedures; and

• Must work directly under the supervision of a senior laser hair removal technician or a certified laser hair removal professional. ● Laser Hair Removal Technician • Must meet requirements for LHR Apprentice-in-Training; and • Must have performed at least 100 LHR procedures under the direct supervision of a senior LHR technician or a certified LHR professional. ● Senior Laser Hair Removal Technician.

• Must meet requirements for LHR Technician; and • Must have supervised at least 100 LHR procedures, as audited by a certified LHR professional. ● Laser Hair Removal Professional. A certified LHR professional acting under the protocol established with a consulting physician may perform LHR without supervision.

• Must be certified by a TDLR-recognized certifying agency, including the Society for Clinical and Medical Hair Removal; • Must meet requirements for LHR Technician; and • Must pass a certification examination given by the certifying entities. ● Laser Hair Removal Facility Each LHR facility must have a separate certificate of LHR facility registration, which requires: • designation of a qualified Laser Safety Officer; • designation of a qualified LHR Professional; and • a written contract with a consulting physician which includes: • proper protocols for the services provided by the consulting physician at the facility; • a provision for the consulting physician to audit the LHR facility’s protocols and operations; • a commitment that the consulting physician shall be available for emergency consultation; and • a designated physician who shall be available if the consulting physician is unavailable.

For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

LASER HAIR REMOVAL AT A GLANCE LICENSING PROCESS

TDLR AAG FORM-013 Sept. 2020

TEXAS DEPARTMENT OF LICENSING & REGULATION MASSAGE THERAPY AT A GLANCE Statutes: Chapter 455, Occupations Code Rules: Title 16 T.A.C. Chapter 117; Chapter 60 Practice Act? Yes Title Act? Yes

Inspections? Yes Facilities? Yes Equipment? Yes Individuals? Yes

Overview: A person must hold a massage therapist license to advertise or offer to practice or administer massage therapy or other massage services to a client for compensation. ● A “massage therapist” may also be referred to as a licensed massage therapist, therapeutic massage practitioner, massage technician, masseur, masseuse, myotherapist, body massager, body rubber, or any derivation of those titles. ● “Massage therapy” is the manipulation of soft tissue by hand or through a mechanical or electrical apparatus for the purpose of body massage. “Massage therapy” includes effleurage (stroking), petrissage (kneading), tapotement (percussion), compression, vibration, friction, nerve strokes, and Swedish gymnastics.

“Massage therapy” may also be referred to as massage, therapeutic massage, massage technology, myotherapy, body massage, body rub, or any derivation of those terms.

Number of Licensees: 28,820 (FY 20)

License Required Massage establishments must have a TDLR license. A “massage establishment” is a place of business that advertises or offers massage therapy or other massage services. The term includes a place of business that advertises or offers any service described by a derivation of the terms “massage therapy” or “other massage services.”

In Texas, a state license is required to advertise or practice massage therapy. A certification from a national board such as the National Certification Board for Therapeutic Massage and Bodywork (NCBTMB) is a voluntary certification – NOT a license. Licenses are issued by government entities and provide licensed professionals with specific authority to use a title and/or perform specific services.

Starting in 2020, all massage therapy students must obtain a student permit from TDLR.

For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

MASSAGE THERAPY AT A GLANCE License Types

Fees

Massage Therapist Application

$100

Massage Therapist renewal

$75

Massage Therapy Instructor

$100

Massage Establishment

$200

Massage School

$1,500

Massage School renewal

$1,000

Massage Continuing Education Provider

$200

Massage Therapy Student

$25

Public Safety All licensees undergo fingerprinting for criminal history background checks, and TDLR is automatically notified of any subsequent arrests. A person is permanently ineligible for a license as a massage establishment, massage school, massage therapist, or massage therapy instructor if the individual has been convicted of, entered a plea of nolo contendere or guilty to, or received deferred adjudication for an offense under Chapter 20A, Penal Code (trafficking of persons), or Subchapter A, Chapter 43, Penal Code (prostitution), or another sexual offense.

In 2020, the Texas Commission of Licensing and Regulation adopted new draping requirements for draping genitals, gluteal cleavage, and breasts of female clients.

Inspections TDLR performs inspections on massage establishments and massage schools to ensure that facilities and massage therapists are appropriately licensed. Colleges and universities are exempt from having a massage school license.

Legislation enacted in 2019 prohibits people from residing at a massage establishment.

Program History In 1985, the Massage Therapy program and Advisory Council on Massage Therapy were established at the Texas Department of Health (later Department of State Health Services) through the enactment of House Bill 2012 (69th Legislature).

In 2015, the Texas Legislature passed Senate Bill 202, which transferred thirteen licensing programs from the Department of State Health Services to TDLR, including the Massage Therapy program. On November 1, 2017, TDLR assumed responsibility for all activities relating to the Massage Therapy program—including issuing and renewing licenses, customer service, and enforcement.

License: A massage therapy licensee must: ● be at least 18 years old; ● pass a fingerprint-based criminal background check; ● satisfactorily complete massage therapy studies in a 500-hour minimum, supervised course of instruction provided by a massage therapy instructor at

a massage school, a licensed massage school, a state-approved educational institution, or any combination of instructors or schools, in which at least: • 200 hours of massage therapy techniques and theory and the practice of manipulation of soft tissue, with at least 125 hours of Swedish massage therapy techniques; • 50 hours of anatomy; • 25 hours of physiology; • 50 hours of kinesiology; • 40 hours of pathology; • 20 hours of hydrotherapy; • 45 hours of massage therapy laws and rules, business practices, and professional ethics standards; • 20 hours of health, hygiene, first aid, universal precautions, and cardiopulmonary resuscitation (CPR); • 50 hours in an internship program; and ● pass the required examinations.

Licenses are valid for two years.

License Renewal Requirements Massage therapists must complete at least 12 hours of TDLR-approved or recognized continuing education to renew a license.

Massage instructors must hold a current massage therapist license and the massage therapist license must remain current for the instructor license to remain current.

Human Trafficking Prevention Training Course HB2059, passed in the 86th Regular Session of the Texas Legislature, requires all massage therapist licensees to complete a one-hour HHSC-approved Human Trafficking Prevention Training Course as a requirement for license renewal.

The Massage Therapy Advisory Board has 9 members serving 6-year terms, which includes: ● two licensed massage therapists; ● two licensed massage school representatives; ● two licensed massage establishment representatives; ● one peace officer with enforcement expertise regarding human trafficking and prostitution; ● two public members.

TDLR AAG FORM-012 Oct. 2020

TEXAS DEPARTMENT OF LICENSING & REGULATION MIDWIVES AT A GLANCE Statutes: Chapter 203, Occupations Code Rules: Title 16 T.A.C. Chapter 115 Practice Act? Yes Title Act? Yes

Inspections? Yes, on Midwifery courses Facilities? No Equipment? No Individuals? Yes Number of Licensees: 325 (FY 20)

Overview: Midwifery is the practice of providing the necessary supervision, care, and advice to a woman during normal pregnancy, labor, and the postpartum period; conducting a normal delivery of a child; and providing normal newborn care.

Background Texas midwives were required to have mandatory education and continuing education starting in 1993, and the Midwifery Board was given investigative authority. Starting in 1997, the Midwifery Board was able to take disciplinary actions against midwives. In 2015, the Texas Legislature passed SB202, transferring the licensing program from the Texas Department of State Health Services to TDLR, which took over the licensing program on October 3, 2016.

Nurse Midwives are licensed and regulated by the Texas Board of Nursing.

Birthing centers are licensed and regulated by the Texas Health and Human Services Commission.

Requirements for licensure: ● Completion of approved basic midwifery education course and exam; or Certified Professional Midwife (CPM) certification by the North American Registry of Midwives; ● Completion of course covering the Texas Midwifery Basic Information & Instructors Manual; ● Completion of Jurisprudence exam; ● Current certification in cardiopulmonary resuscitation (CPR) and neonatal resuscitation; and ● Completion of training to collect newborn screening specimens; or an agreement with another health care provider to collect them.

License

Fees

Application

$275

Renewal (every two years)

$550

Jurisprudence Examination

$35

Education Course Initial Application

$150

Education Course Site Visit

$500

Criminal History Evaluation Letter

$25

Texas has two midwifery education programs: ● the Association of Texas Midwives Midwifery Training Program ● Beautiful Beginning Midwife Training Center The Midwives Advisory Board has 9 members serving staggered 6-year terms, which includes: ● five licensed midwife members each of whom has at least three years’ experience in the practice of midwifery; ● one physician member who is certified by a national professional organization of physicians that certifies obstetricians and gynecologists; ● one physician member who is certified by a national professional organization of physicians that certifies family practitioners or pediatricians; and ● two members who represent the public and who are not practicing or trained in a health care profession, one of whom is a parent with at least one child born with the assistance of a midwife.

Requirements for license renewal: ● Completion of 20 hours of continuing education in midwifery; ● Current certification in CPR and neonatal resuscitation; and ● Completion of Jurisprudence exam within previous 4 years

For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

TDLR AAG FORM-017 Sept. 2020

TEXAS DEPARTMENT OF LICENSING & REGULATION MOLD ASSESSORS & REMEDIATORS AT A GLANCE Statute: Chapter 1958, Occupations Code Rules: Title 16 T.A.C. Chapter 78

Inspections? Yes, performed by the Texas Department of State Health Services Advisory Board? No Number of Licensees: 4,288 (FY 20)

Overview: A person must hold a mold remediation or mold assessment license to provide those services in Texas. The industry is regulated to ensure that persons conducting mold assessment and remediation services in Texas are properly trained and licensed, and follow minimum standards that protect the health of workers and building occupants.

Per Occupations Code 1958.002, TDLR only regulates mold-related activities that affect indoor air quality. ● Mold assessment activities include an inspection, investigation, or survey of a dwelling or other structure to provide the owner or occupant with information regarding the presence, identification, or evaluation of mold, the development of a mold management plan or remediation protocol, and the collection or analysis of a mold sample. ● Mold remediation means the removal, cleaning, sanitizing, demolition, or other treatment, including preventive activities, of mold or mold-contaminated matter.

The Mold Remediation program regulates who may participate in mold assessment and remediation activities and how those activities must be conducted, but does not require that property owners clean up mold.

Mold remediators must notify the department when they will conduct mold remediation, but there is no notification requirement for projects with mold that contaminates less than 25 contiguous square feet.

License Types ● Mold Assessment Technician ● Mold Assessment Consultant ● Mold Assessment Company ● Mold Remediation Worker Registration ● Mold Remediation Contractor ● Mold Remediation Company ● Mold Analysis Laboratory ● Mold Training Provider Accreditation

For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

MOLD ASSESSORS & REMEDIATORS AT A GLANCE Responsibilities of Licensees A license holder who intends to perform mold assessment for a mold remediation project should prepare a protocol for the project and provide it to the client before the mold remediation begins. The work analysis must specify: ● the rooms or areas where the work will be performed; ● the quantities of materials to be removed or cleaned; ● the proposed methods for each type of remediation in each type of area in the project; and ● the proposed clearance criteria for each type of remediation in each type of area in the project.

A license holder who is going to perform mold remediation must prepare a work plan that provides instructions for the remediation efforts to be performed and must provide the work plan to the client before the mold remediation begins.

The license holder must have a copy of the work plan at the job site where the remediation is being performed.

Consumer Mold Information Sheet Licensed mold assessors and remediators are required to provide a copy of the Consumer Mold Information Sheet to each client and to the property owner before any mold-related activity begins.

Notifying TDLR A license holder must notify TDLR of a mold remediation project at least five days before it is to begin. In an emergency, TDLR must be notified no later than the next business day after the license holder identifies the emergency. An emergency exists if a delay in mold remediation services in response to a water damage occurrence would increase mold contamination.

Certificate of Mold Remediation The mold assessment license holder must provide a certificate of mold remediation to the property owner no later than 10 days after the project is completed. The certificate must include a statement by the license holder that the mold contamination identified for the project has been remediated as outlined in the mold remediation protocol. If the property owner sells the property, they must provide to the buyer a copy of each certificate issued for the property during the five years preceding the date of the property sale.

Notification Type

Fee

Notification of mold remediation, initial: owner-occupied residential dwelling

$25

Notification of mold remediation, initial: other than owneroccupied residential dwelling

$25

License Type

Fee

Mold assessment technician license or renewal

$150

Mold assessment consultant license or renewal

$500

Mold assessment company license or renewal

$850

Mold remediation worker registration or renewal

$50

Mold remediation contractor license or renewal

$450

Mold remediation company license or renewal

$850

Mold analysis laboratory license or renewal

$750

Mold training provider accreditation or renewal

$750

Training Course Type

Fee

Application for approval of initial mold training course

$100

Application for approval of initial mold training course when submitted concurrent with application for mold training provider initial accreditation

$0

Application for approval of continuing education mold training course

$100

Application for approval of continuing education mold training course when submitted with application for mold training provider initial accreditation

$0

TDLR AAG FORM-041 Sept. 2020

TEXAS DEPARTMENT OF LICENSING & REGULATION MOTORCYCLE & ATV OPERATOR SAFETY PROGRAM AT A GLANCE

Statutes: Chapter 551A, Texas Transportation Code; Chapter 662, Texas Transportation Code Rules: Title 16 TAC Chapter 98 and Title 16 TAC Chapter 99 Practice Act? Yes Title Act? No Inspections? No Overview: The Texas Legislature transferred the Motorcycle and ATV Operator Safety program from the Texas Department of Public Safety (DPS) to the Texas Department of Licensing and Regulation (TDLR) on Sept. 1, 2020.

The Motorcycle and ATV Operator Safety program consists of two licensing programs: ● Motorcycle operator training and safety, which licenses schools and instructors who teach students how to safely operate motorcycles. ● Off-highway vehicle operator education and certification, which licenses program sponsors and instructors who teach basic safety skills for operating all-terrain vehicles (ATV) and other off-highway vehicles.

Program History The Motorcycle Safety Foundation started in 1973 at Texas A&M University. Members of the Texas motorcycling community helped the foundation in creating a motorcycle safety curriculum and instructional materials to use when training beginner motorcyclists.

Soon after that, volunteer instructors began conducting training at several locations across the state.

In 1983, DPS created the Motorcycle Operator Training Section and took responsibility for existing training locations.

In 1989, the section took on the responsibility of coordinating an All-Terrain Vehicle (ATV) program and was renamed the Motorcycle Safety Bureau. That year, DPS began contracting with outside entities to provide both the motorcycle and ATV trainings. The bureau was renamed the Motorcycle/ATV Safety Unit in 1998.

Number of licensees: 550 motorcycle instructors; 70 motorcycle schools; 200 ATV instructors; 1 ATV program sponsor Motorcycle Operator Training and Safety Motorcycle operators in Texas are required to have a motorcycle driver license or endorsement. To obtain a license or an endorsement, an applicant must show proof that they successfully completed a TDLR-approved motorcycle operator training course.

The course must be conducted by a licensed motorcycle school and must be taught by a licensed instructor.

License and fee requirements: ● Motorcycle Instructor license: ● 18 years of age ● Completion of an instructor preparation course ● Possession of a motorcycle license for at least 2 years ● A driving record that meets these requirements: ○ Must not have been convicted during the preceding three years of: ● three or more moving violations, including violations that resulted in an accident; or ● two or more moving violations, that resulted in an accident; ● A high school diploma or GED certificate ● Current certification in CPR and First Aid ● A license fee of $50 ● Motorcycle School license: ● Disclosure of all controlling persons ● A $2 million liability insurance policy covering the school ● A training site that meets department requirements ● Disclosure of courses, instructors, and motorcycles provided to students ● A license fee of $100.

The Motorcycle Safety Advisory Board has 9 members serving staggered 6-year terms, which includes: ● three licensed instructors or representatives of licensed motorcycle schools; ● one Motorcycle Dealer Retail Industry Representative; ● one Law Enforcement Agency Representative; ● one Texas A&M Engineering Extension Service Representative; ● one Texas A&M Transportation Institute Representative; and ● two Public Members who hold a valid Class M driver’s license

For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

MOTORCYCLE & ATV OPERATOR SAFETY PROGRAM AT A GLANCE Off-Highway Vehicle Operator Education and Certification (“the ATV Program”) Off-highway vehicle is a term that includes ATVs, recreational off-highway vehicles, sand rails, and utility vehicles.

A person operating an off-highway vehicle on a beach or on public land designated for such use by the Texas Parks and Wildlife Department must hold a safety certificate indicating completion of a safety training course. The course must be conducted by an approved program sponsor and taught by an approved program sponsor License requirements ATV Instructor approval ● Completion of an instructor preparation course ● Must have an instructor license agreement with a program sponsor ATV Program Sponsor requirements ● Must be a nonprofit safety organization, nonprofit educational organization, institution of higher education, or agency of local government ● Must have an agreement with the department to administer the program

TDLR AAG FORM-010 Oct. 2020

TEXAS DEPARTMENT OF LICENSING & REGULATION COURT-ORDERED EDUCATION PROGRAMS AT A GLANCE

Statutes: Alcoholic Beverage Code 106.115; Transportation Code 521.374-521.376; Code of Criminal Procedure 42A.403; 42A.405; 42A.406; 42A.404-406; 42A.511 Practice Act? No Title Act? No Inspections? No Overview: TDLR regulates five types of offender education programs: ● Drug Offender Education ● Driving While Intoxicated (DWI) Education ● Driving While Intoxicated (DWI) Intervention ● Alcohol Education for Minors ● Responsible Pet Owner Program Participants in these courses are usually attending because they are required to do so by a court, and receive a certificate of completion at the end of the course.

TDLR also regulates instructors associated with these programs.

Licenses for instructors and schools are valid for two years.

Drug Offender Education Hours: 15 This program is designed to educate drug offenders on the dangers of drug abuse and associated illegal activities, help them identify their own individual drug-use patterns, and assist them in developing a personal action plan to reduce the probability of suffering the consequences of future drug using and illegal behavior. Specific course topics include the history of drug abuse, drug/DWI laws, dynamics of drug use, drugs of abuse, how drugs work, the cost of use and abuse, health issues, HIV, interpersonal relationships, deglamorization of drugs, values and behaviors, past and desired behaviors, getting control of your life, resource options, and personal action planning.

DWI Education Hours: 12 This program is designed to educate DWI offenders about alcohol and drugs and their relation to driving skills, help offenders identify their own individual drinking/drug use and driving patterns, and assist them in developing plans to reduce the probability of future DWI behavior. Specific course topics include alcohol/drug and traffic safety problems, Texas laws relating to DWI, effects of alcohol/ drugs on humans, alcohol/drugs and driving task abilities, chemical dependency, symptoms of dependency, sources of assistance, costs of DWI, and decision-making.

Number of Licensees: 3,484 (FY 20)

DWI Intervention Hours: 32 This standardized program is designed for offenders with multiple DWIs and/or others who have alcohol or drug related problems that their first offender program did not address. The program intervenes in the offender’s alcohol or drug abusing lifestyle to encourage entry into treatment when needed as well as to prevent further substance abuse related problems. Specific course topics include lifestyle issues, values, self-esteem, positive thinking vs. irrational beliefs, responsibility, physiological/psychological effects of drugs, alcoholism, chemical dependency, how drug abuse effects family members, co-dependency, Al-Anon, treatment options, 12-Step Self-Help Groups, peer pressure, relapse prevention, problem solving and action planning.

Alcohol Education for Minors Hours: 6 This program is also known as “Minor in Possession (MIP)”. This standardized program is six hours long and is designed to educate participants about alcohol and drug use among young people.

Specific course topics include societal values related to alcohol consumption by minors; the influence of alcohol advertising on young people; the physical, social and psychological effects of alcohol on young people; the relationship between motor vehicle and other accidents and alcohol use; relevant laws relating to the purchase, possession or consumption of alcoholic beverages by minors; drinking patterns and problems of young people including abuse and addiction and decision making skills.

Responsible Pet Owner Program This program is designed for people convicted of certain criminal offenses involving animals (e.g. cruelty to livestock; attack on assistance animal; cruelty to non-livestock animals; and dog fighting – see Penal Code Chapter 42) where the defendant received community supervision (probation). The courses are online and course providers must be licensed. The online course must last a minimum of two hours and cover such issues as: ● Respect for state and federal laws protecting livestock, nonlivestock and wildlife; (See next page)

For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

COURT-ORDERED EDUCATION PROGRAMS AT A GLANCE ● Responsible care of animals including spaying and neutering ● State and federal laws related to cruelty to livestock and non-livestock animals, attack on assistance animals and dog fighting ● Responsible care concepts on health, safety, and welfare of animals, wildlife and bite prevention; ● State laws and rules on dog and cat breeding Upon completion of the online course, the participant receives a certificate that can be presented to the supervising court that granted probation for the underlying offense.

Advisory Board? No

TDLR AAG FORM-018 Jan. 2021

TEXAS DEPARTMENT OF LICENSING & REGULATION ORTHOTISTS & PROSTHETISTS AT A GLANCE Statute: Chapter 605, Occupations Code Rules: Title 16 T.A.C. Chapter 114 Practice Act? Yes Title Act? Yes

Overview: A person who makes orthoses or prostheses in Texas, or assists someone who makes orthotics or prosthetics, must be licensed by TDLR. An “orthosis” is a custom-fabricated or custom-fitted medical device designed to provide for the support, alignment, prevention, or correction of a neuromuscular or musculoskeletal disease, injury, or deformity.

A “prosthesis” is a custom-fabricated or custom-fitted medical device used to replace a missing limb, appendage, or other external human body part but that is not surgically implanted. The term includes an artificial limb, hand, or foot. The term does not include: ● an artificial eye, ear, finger, or toe; ● a dental appliance; ● a cosmetic device, including an artificial breast, eyelash, or wig; or ● another device that does not have a significant impact on the musculoskeletal functions of the body.

Inspections? Yes Facilities? No Equipment? Yes Individuals? Yes Number of Licensees: 906 (FY 20)

Licensing To be eligible for a license to practice orthotics or prosthetics in Texas, a person must: ● submit an application; ● pay the nonrefundable application fee; ● have completed formal training; ● have completed a clinical residency in the professional area for which a license is sought; and ● have passed each required written and practical examination.

All licensees and registrants (except students, temporary practitioners, and facilities) must complete the Jurisprudence Exam every other renewal.

Assistants A licensed orthotic or licensed prosthetic assistant may provide any type of hands-on care to patients while under the supervision of a licensed orthotist or prosthetist. Assistants do not have a scope of practice independent of their supervising orthotist or prosthetist.

For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

ORTHOTISTS & PROSTHETISTS AT A GLANCE

License (All licenses are for two years)

Fee

Orthotist or Prosthetist Application or Renewal

$300

Prosthetist/Orthotist Application or Renewal

$400

Orthotist or Prosthetist Assistant Application or Renewal

$200

Prosthetist/Orthotist Assistant Application or Renewal

$250

Prosthetic or Orthotic Student Registration or Renewal

$75

Prosthetic/Orthotic Student Registration or Renewal

$100

Orthotist or Prosthetist Temporary License or Temporary License Renewal

$150

Prosthetist/Orthotist Temporary License or Temporary License Renewal

$200

Prosthetic or Orthotic Facility Accreditation or Accreditation Renewal

$400

Prosthetic/Orthotic Facility Accreditation or Accreditation Renewal

$500

Upgrade for Student Registrant After Passing Exam – One Category

$200

Upgrade for Student Registrant After Passing Exam – Two Categories

$300

Retired Voluntary Charity Care Prosthetist or Orthotist License Renewal

$150

Retired Voluntary Charity Care Prosthetist/Orthotist License Renewal

$200

Prosthetist with Orthotist Assistant License or Orthotist With Prosthetist Assistant License Renewal

$350

The Orthotist and Prosthetists Advisory Board has 7 members serving staggered 6-year terms, which include: ● two licensed orthotist members who each have practiced orthotics for the five years preceding the date of appointment; ● two licensed prosthetist members who each have practiced prosthetics for the five years preceding the date of appointment; ● one licensed prosthetist orthotist member who has practiced orthotics and prosthetics for the five years preceding the date of appointment; ● one member who is a representative of the public who uses an orthosis; and ● one member who is a representative of the public who uses a prosthesis.

TDLR AAG FORM-034 Sept. 2020

TEXAS DEPARTMENT OF LICENSING & REGULATION PROFESSIONAL EMPLOYER ORGANIZATION AT A GLANCE

Statutes: Chapter 91, Labor Code Rules: Title 16 T.A.C. Chapter 72 Practice Act? Yes Title Act? Yes Inspections? No Number of Licensees: 372 (FY 20) Overview: A professional employer organization (PEO) is a business entity that serves a client business entity by sharing employer responsibilities concerning the client’s employees. The PEO and the client enter into a contract under which they become “coemployers” of the client’s employees, who are referred to as “covered employees.”

The contract specifies how employer responsibilities are allocated or shared between the co-employers. The contract must provide that the PEO assumes responsibility for the payment of wages and the collection and payment of payroll taxes for covered employees, while the client must retain responsibility for the direction and control of covered employees as necessary to conduct the client’s business. All other employer functions may be allocated or shared as agreed in the contract.

The potential benefit to a client in using a PEO is the savings of time and staff that would be used to administer payroll, taxes, insurance, and other human resource functions, as well as the potential reduction of legal liabilities or obligations to employees. The potential benefit to covered employees is that a PEO with multiple clients may be able to offer a better employee benefits plan because the PEO is able to negotiate with providers on behalf of a larger group of employees than any single client would have on its own.

Temporary help companies, temporary common worker employers, and independent contractors are not considered PEOs. Likewise, a franchisor is not considered a PEO with respect to a franchisee or the franchisee’s employees.

License Type

Application Fee

License Fee

Original License (0 to 249 assigned employees)

$150

$150

Original License (250 to 750 assigned employees)

$150

$300

Original License (more than 750 assigned employees)

$150

$550

Renewal License (0 to 249 assigned employees)

$150

$150

Renewal License (250 to 750 assigned employees)

$150

$300

Renewal License (more than 750 assigned employees)

$150

$550

Original Limited License

$150

$150

Renewal Limited License

$150

$150

History PEO licensing was established at TDLR in 1993 through the enactment of House Bill 456 (73rd Legislature). The program was known as “staff leasing services” until 2013, when it was changed to “professional employer organization” to better align with nationwide industry practices.

License Types There are two types of PEO licenses: a full license and a limited license. Both licenses entitle a person to provide PEO services to clients through co-employment relationships.

The full license is an annual license requiring an extensive background check through the Federal Bureau of Investigation and the Texas Department of Public Safety.

The limited license is an annual license and does not require a background check.

Eligibility for a limited license is restricted to out-of-state companies who assign 50 or fewer employees in Texas.

Licensing Requirements A PEO applying for a new license, or renewing its current license, must submit an audited financial statement showing positive working capital for that company in the following amounts: ● $50,000 if the applicant employs fewer than 250 assigned employees; ● $75,000 if the applicant employs at least 250 but not more than 750 assigned employees; and, ● $100,000 if the applicant employs more than 750 assigned employees.

Advisory Board? No

For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

TDLR AAG FORM-026 Sept. 2020

TEXAS DEPARTMENT OF LICENSING & REGULATION PODIATRIC MEDICINE AT A GLANCE Statutes: Chapter 202, Occupations Code Rules: Title 16 T.A.C. Chapter 130

Practice Act? Yes Title Act? Yes Inspections? No routine Field Inspections, but unannounced inspections for investigative purposes are authorized by TOC §202.602 Number of Licensees: 1,568 (FY 20)

Overview: In Texas, podiatry is defined as the treatment of or offer to treat any disease, disorder, physical injury, deformity, or ailment of the human foot by any system or method. The term includes podiatric medicine. A person who claims the title podiatrist, doctor, foot specialist, or word that would lead the public to believe they are authorized to practice podiatry must be licensed by TDLR. A physician licensed by the Texas Medical Board is exempt from the licensure requirement.

The Texas podiatric medicine law does not prohibit the recommendation, advertising, or sale of corrective shoes, arch supports, or similar mechanical appliances, or foot remedies by a manufacturer, wholesaler, or retail dealer.

Voluntary Charity Care Status A podiatrist can practice without compensation in an entirely volunteer capacity for an organization. There is no license fee and CME requirements are reduced to 25 hours provided they adhere to certain requirements in their practice.

Licensing and Registration Podiatrist To be a podiatrist, a person must: ● be at least 21 years of age; ● successfully graduate from a reputable college of podiatry approved by the Council on Podiatric Medical Education of the American Podiatric Medical Association ● successfully pass all required sections of the American Podiatric Medical Licensing Examination and the jurisprudence examination; ● complete at least one year of GPME in a program approved by the Council on Podiatric Medical Education of the American Podiatric Medical Association with a hospital, clinic, or institution acceptable to the department; ● pay all applicable fees; ● submit a completed application on a department-approved form; ● submit all transcripts of relevant coursework, acceptable to the department; and ● successfully pass a National Practitioner Data Bank query check performed by TDLR; ● provide proof of successful completion of a course in cardiopulmonary resuscitation (CPR).

Licenses are valid for two years.

For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

PODIATRIC MEDICINE AT A GLANCE

Podiatric Medical Radiological Technician A podiatric medical radiological technician must: ● be 18 years of age or older; ● successfully complete the following 20 hours of clinical and didactic training requirements and provide proof of completion to the department: • 5 class hours and 5 out of class hours of radiation safety and protection for the patient, self, and others; • 1 class and 2 out of class hours of radiographic equipment used in podiatric medicine, including safety standards, operation, and maintenance; • 1 class and 4 out of class hours in podiatric radiologic procedures, imaging production and evaluation; and • 1 class and 1 out of class hour in methods of patient care and management essential to radiologic procedures, excluding CPR, BCLS, ACLS and similar subjects; and • The student must maintain a log demonstrating the successful production of 60 x-rays in the clinical setting overseen and signed by the supervising podiatrist; and ● submit a department-approved application. ● Out of classroom training hours must be verified by a supervising podiatrist. ● A podiatric medical radiological technician must hold a registration and may perform only podiatric radiological procedures ● A podiatric medical radiological technician registrant shall perform radiological procedures only under the supervision of a practitioner physically present on the premises. ● A podiatric medical radiological technician registrant shall not perform any dangerous or hazardous procedures as identified by the Texas Medical Board. ● All registrants must comply with the safety rules of the Texas Department of State Health Services, Radiation Control Program relating to the control of radiation.

Registration is valid for one year.

License

Fee

Temporary Residency License (Initial)

$125

Temporary Residency License (Renewal)

$125

Extended Temporary License (extension)

$50

Doctor of Podiatric Medicine (Initial)

$750

Doctor of Podiatric Medicine (Renewal)

$700

Podiatric Medical Radiological Technician

$25

Hyperbaric Oxygen Certificate

$25

Nitrous Oxide Registration

$25

Voluntary Charity Care Status

$0.00

Active Duty Military DPMs

$0.00

Provisional Doctor of Podiatric Medicine License

$125

The Podiatric Medical Examiners Advisory Board has 9 members appointed by the governor serving staggered 6-year terms, which includes: ● six members who are licensed in this state to practice podiatry and have been actively engaged in the practice of podiatry for the five years preceding appointment; and ● three members who represent the public.

TDLR Response To The Opioid Crisis The ongoing Opioid Crisis has wrecked families, killed tens of thousands of Texans, sent more to ERs and cost billions in healthcare and lost productivity. Texas has responded by requiring all prescribers of Scheduled Substances to register with the Prescription Monitoring Program (PMP) since March of 2020. The PMP tracks patient Scheduled prescriptions so prescribers can be aware of their total RX history.

Registration is free and can be integrated into existing EHR systems Register now at: https://www.pharmacy.texas.gov/PMP/.

TDLR AAG FORM-043 Oct. 2020

TEXAS DEPARTMENT OF LICENSING & REGULATION POLYGRAPH EXAMINERS AT A GLANCE Statutes: Chapter 1703, Occupations Code Rules: 16 T.A.C. Chapter 88 Practice Act? Yes Title Act? Yes Number of Licensees: 257 (FY 20)

Overview: A polygraph examination uses an instrument to test a subject to detect deception or verify the truth of a statement and includes recording visually, permanently, and simultaneously a subject’s cardiovascular and respiratory patterns.

Anyone who performs Polygraph Examinations as defined by 16 T.A.C. Section 88.10(10) in the state of Texas with an instrument as defined by section 1703.003(3) of the Occupations Code, must be licensed

by TDLR. A Polygraph Examiner Trainee under training to become a polygraph examiner in Texas must also be licensed.

State licensing of Polygraph Examiners began in 1969 and was transferred to TDLR in 2009 with the enactment of Senate Bill 1005, 81st Texas Legislature.

Requirements for a Polygraph Examiner license ● Hold a baccalaureate degree from a college or university, or have active investigative experience during the five years preceding the date of the application ● Complete an acceptable department-approved polygraph examiners course of study taught by a school recognized by the department and complete at least 6 months of polygraph examiner internship (approved courses listed on TDLR website) ● Have not been convicted of an offense that directly relates to a polygraph examiner’s duties ● Pass a three-part examination approved by TDLR ● Complete the application and pay fees.

License

Fees

Polygraph Examiner Original Application

$400

Polygraph Examiner Renewal

$350

Polygraph Examiner Out of State Application

$500

Polygraph Examiner Intern Original Application

$50

Polygraph Examiner Intern Renewal

$50

Polygraph Examiner Intern Change of Sponsor

$25

Technical Requirements The 320-hour Polygraph Examiner Course must include the following topics: ● Polygraph techniques, methodology, instrumentation—20 hours ● History and development—8 hours ● Mechanics and functioning of the instrument components (both analog and computerized), basic procedures for instrument activation and operation, chart marking, etc.—20 hours ● Semantics and test question construction—30 hours ● Techniques of understanding the use of multi-technique procedures, instruction for understanding the use of comparison question techniques, relevant-irrelevant techniques, peak of tension procedures—60 hours ● Test data analysis. Skill development in chart analysis providing an introductory knowledge of different chart analysis procedures such as global procedures, numerical scoring procedures, etc.—50 hours ● Interviewing/Post-Test Procedures. Skill development in pre- and post-test interview methods and procedures taught—14 hours ● Ethics. A thorough understanding of the ethical obligations of the examiner to the polygraph examinee, to the client, and to the profession—6 hours

For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

POLYGRAPH EXAMINERS AT A GLANCE

● Development of Student Skills. Development of the student’s proficiency in chart work, includes the student producing, a minimum of 60 minutes of charts to be maintained in the student files; not to include calibration charts and instruments maintenance time—40 hours ● Legal issues. Instruction in the basic legal matters pertinent to the practice of polygraph; local, state, and federal applicable regulations, admissibility issues, courtroom testimony, and others—8 hours ● Psychological issues. Basic psychological and psychophysiological issues forming the foundation of polygraph sciences—24 hours ● Physiological issues. Basic physiological and psychophysiological issues forming the foundation of polygraph sciences—20 hours.

Continuing Education Polygraph Examiner licensees must complete six hours of continuing education in courses approved by the department to renew their license.

The Polygraph Advisory Committee has 5 members serving staggered 6-year terms, which includes: ● two polygraph examiner members who are qualified polygraph examiners for a governmental law enforcement agency; ● two polygraph examiner members who are qualified polygraph examiners in the commercial field; and; ● one member who represents the public.

The 200-hour, 6-month Polygraph Examiner Internship must include the following topics: ● Interrogation and interviews including receiving case briefing, pre-test interview and post-test interview—50 hours ● Chart interpretation including all types of tests and responses, chart marking and test results; no deception indicated, deception indicated, inconclusive or no opinion—65 hours ● Question formulation and test construction consisting of all types of tests, all types of question and semantics—65 hours ● Instrumentation to include construction and maintenance, trouble shooting and nomenclature—10 hours ● Summary and general review—10 hours ● Supervised testing and interviewing-minimum of 20 tests conducted in accordance with Texas Occupations Code, Chapter 1703 ● Counseling and critique as required in opinion of sponsor

TDLR AAG FORM-028 Sept. 2020

TEXAS DEPARTMENT OF LICENSING & REGULATION PROPERTY TAX CONSULTANTS AT A GLANCE Statutes: Chapter 1152, Occupations Code Rules: Title 16 T.A.C. Chapter 66 Practice Act? Yes Title Act? Yes Inspections? No Number of Licensees: 1,862 (FY 20) Overview: Anyone who is performing or supervising others while performing property tax consulting services for compensation must register in Texas. This includes anyone who assists in property tax consulting or provides testimony on behalf of another person, if they spend 50 percent of their time or earn more than 50 percent of their income performing or supervising property tax consulting services. A person may not represent that a person is a registered property tax consultant, agent, advisor, or representative unless the person is a registrant, per 1152.151(b).

Exempt from Registration ● Active attorneys licensed in Texas ● Texas registered CPAs ● Texas real estate brokers or salespersons licensed by the Texas Real Estate Commission ● Real estate appraisers certified by the Texas Appraiser Licensing & Certification Board whose tax consulting services are limited to farms, ranches or single-family residences.

Registration Requirements Property Tax Consultants: ● Be at least 18 years old ● Hold a high school diploma or its equivalent ● Submit proof of completing at least 40 hours of classroom education which includes: the laws and rules relating to property tax consulting; appraisal and evaluation; property tax consulting; and ethics ● Be sponsored by a Senior Property Tax Consultant ● Complete a Property Tax Consultant application ● Submit a fee of $50 ($25 registration fee plus an application fee of $25). ● Pass the TDLR-approved Property Tax Consultant examination with a score of at least 70 percent

Senior Property Tax Consultants: ● Be at least 18 years old ● Hold a high school diploma or its equivalent ● Complete a Senior Property Tax Consultant Application ● Show proof of at least 25 credits from applicable educational programs and courses, experience, and higher education (see TOC 1152.159) ● Provide evidence of having performed or supervised property tax consulting services as the applicant’s primary occupation for at least four of the seven years preceding the date of application ● Submit the fee of $115 ($40 registration fee plus an application fee of $75) ● Pass the Senior PTC examination with a score of at least 70 percent or hold a CMI professional designation from the Institute for Professionals in Taxation ● Have a place of business or a registered agent in the state of Texas Experience with a county appraisal district in appraising and assessing property does not count toward the experience requirements for the senior property tax consultant’s examination.

Property tax consultants may not solicit a property tax consulting assignment by assuring a specific outcome.

An initial registration lasts one year. Renewals last two years.

License (all licenses good for one year)

Fee

Property Tax Consultant original application

$25

Property Tax Consultant original registration

$25

Property Tax Consultant renewal

$135

Senior Property Tax Consultant original application

$75

Senior Property Tax Consultant original registration

$40

Senior Property Tax Consultant renewal

$135

Private Provider application fee

$125

Private Provider annual fee

$75

For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

PROPERTY TAX CONSULTANTS AT A GLANCE The Property Tax Consultants Advisory Council has 7 members serving staggered 3-year terms, which includes: ● One public member; and ● Six members who must: • be a registered senior property tax consultant; • be a resident of this state for the five years preceding the date of the appointment; • have performed or supervised the performance of property tax consulting services as the person’s primary occupation continuously for the five years preceding the date of the appointment; and • be a member of a nonprofit and voluntary trade association: • whose membership consists primarily of persons who perform property tax consulting services in this state or who engage in property tax management in this state for other persons; • that has written experience and examination requirements for membership; and • that subscribes to a code of professional conduct or ethics.

TDLR AAG FORM-035 Sept. 2020

TEXAS DEPARTMENT OF LICENSING & REGULATION PROPERTY TAX PROFESSIONALS (PTP) AT A GLANCE

Statutes: Title 7, Chapter 1151, Occupations Code Rules: Title 16 T.A.C. Chapter 94 Practice Act? Yes Title Act? Yes Inspections? No Number of Licensees: 3,676 (FY 20) Facilities? No Equipment? No Individuals? No

PTP License Types

Fees

Appraiser (new) Appraiser (renewal) Collector (new) Collector (renewal) Assessor/Collector (new) Assessor/Collector (renewal)

$100 $45 $100 $45 $100 $45

Those required to register are: Overview: ● the chief appraiser of an appraisal district, an appraisal supervisor The Property Tax Professionals program registers and regulates or assistant, a property tax appraiser, an appraisal engineer, and property tax appraisers, assessor/collectors, and collectors in the state any other person authorized to render judgment on, recommend, of Texas, with the exception of elected county tax assessor-collectors or certify an appraised value to the appraisal review board of an and their employees. appraisal district; ● a person who engages in appraisal of property for ad valorem tax To be eligible to register as a Property Tax Professional with TDLR, an purposes for an appraisal district or a taxing unit; individual must be: ● at least 18 years old, ● an assessor-collector, other than a county assessor-collector, ● a collector, or another person designated by a governing body as ● a resident of the state of Texas, the chief administrator of the taxing unit’s assessment functions, ● of good moral character, collection functions, or both; and ● a graduate of an accredited high school or have a high school ● a person who performs assessment or collection functions for a GED, and ● actively engaged in the appraisal, assessing/collecting, or taxing unit and is required to register by the chief administrator of the unit’s tax office. collecting for an appraisal district, tax office, or private firm working for an appraisal district or tax office.

The Property Tax Professional Advisory Board Committee To be certified as a Property Tax Professional with TDLR, an individual has 7 members serving 6-year staggered terms, which includes: must: ● two members who are certified as registered professional ● complete up to 60 months of work experience while registered, appraisers; ● complete the required coursework for their classification level, ● pass examinations. ● two members who are certified as registered Texas collectors or registered Texas assessors; and ● three members who represent the public.

For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

TDLR AAG FORM-003 Sept. 2020

TEXAS DEPARTMENT OF LICENSING & REGULATION REGISTERED ACCESSIBILITY SPECIALIST AT A GLANCE

Statutes: Chapter 469, Government Code Rules: Title 16 T.A.C. Chapter 68 Practice Act? No Title Act? No Inspections? No

RAS Registration

Fee

Application for Certificate of Registration

$300

Registration Renewal

$250

Registered Accessibility Specialist A person seeking TDLR certification as a Registered Accessibility Specialist (RAS) must meet the following minimum qualifications: ● any one of the following: • a degree in architecture, engineering, interior design, landscape architecture, or equivalent, and a minimum of one year of experience related to building inspection, building planning, accessibility design or review, accessibility inspection, or equivalent; or • eight years of experience related to building inspection, building planning, accessibility design or review, accessibility inspection, or equivalent; or • four years of experience related to building inspection, building planning, accessibility design or review, accessibility inspection, or equivalent, and certification as an accessibility inspector/ plans examiner granted by a model building code organization; • complete the application and pay all required fees; and ● pass an examination approved by the department.

Texas Accessibility Academy The Texas Accessibility Academy is a two-day comprehensive study of the Texas Architectural Barriers Act (TABA), program administrative Rules and the 2012 Texas Accessibility Standards (TAS). Presented by staff from TLDR’s Architectural Barriers Program, the course includes information about how TABA and TAS relate to the American with Disabilities Act (ADA) and the 2010 ADA Standards for Accessible Design. TABA and TAS are relevant to public and commercial buildings and facilities, but do not apply to private residences.

The class offers 16 hours of continuing education for registered accessibility specialists (RAS) and for design professionals who may self-report continuing education credits.

Check out the Texas Accessibility Academy at https://www.tdlr.texas. gov/ab/taa.htm

A RAS will be hired by an owner to perform plan reviews or inspection services to verify compliance with the Texas Accessibility Standards and Administration COde Rule 68. They will then issue reports of their findings to the owner and TDLR.

TDLR AAG FORM-024B Sept. 2020

TEXAS DEPARTMENT OF LICENSING & REGULATION REMOVING BARRIERS FOR OUT-OF-STATE LICENSEES AT A GLANCE

TEXAS IS OPEN FOR BUSINESS! SUBSTANTIAL EQUIVALENCE AND RECIPROCITY AGREEMENTS Statutory Authority: Statute authorizes TDLR to consider alternative qualifications for licensure under Section 51.4041, Occupations Code. (a) The commission, department, or executive director may adopt alternative means of determining or verifying a person’s eligibility for a license issued by the department, including evaluating the person’s education, training, experience, and military service.

Substantial Equivalence: TDLR can review a licensee’s qualifications for substantial equivalence on a case-by-case basis. Substantial equivalence is the primary method that we use to license qualified, out-ofstate individuals who desire to live and work in Texas.

(b) Notwithstanding any other law, the commission or the executive director may waive any prerequisite for obtaining a license if the applicant currently holds a similar license issued by another jurisdiction that: (1) has requirements for the license that are substantially equivalent to those of this state; or See 51.4041(b)(1), Occupations Code.

For the Barber and Cosmetology programs, we have identified a number of license types from other states that are substantially equivalent.

Barbers: www.tdlr.texas.gov/barbers/ barberstates.htm Cosmetology: www.tdlr.texas.gov/cosmet/ cosmetstates.htm

(2) has a reciprocity agreement with this state for the license. (c) The department, with approval of the governor, may enter into an agreement with another state to allow for licensing by reciprocity.

Massage: www.tdlr.texas.gov/mas/masstate.htm

Reciprocity Agreements ● With approval of the Governor, TDLR can enter into reciprocity agreements with other states. ● See 51.4041(b)(2) and (c), Occupations Code.

TDLR has reciprocity agreements for the following programs: Auctioneers ● Alabama ● Arkansas ● Florida ● Georgia ● Illinois ● Indiana ● Louisiana ● Mississippi ● North Carolina

● ● ● ● ● ● ●

Ohio Pennsylvania South Carolina Tennessee Virginia West Virginia Wisconsin

Air Conditioning and Refrigeration ● South Carolina ● Georgia

Electricians Journeyman Electrician ● Alaska ● Arkansas ● Idaho ● Iowa ● Montana ● Nebraska ● New Mexico

● Oklahoma ● South Dakota ● Wyoming Master Electrician ● Louisiana ● North Carolina TDLR AAG FORM-019 Sept. 2020

TEXAS DEPARTMENT OF LICENSING & REGULATION SANITARIANS AT A GLANCE Statute: Chapter 1953, Occupations Code Rules: Title 16 T.A.C. Chapter 119 Practice Act? No Title Act? Yes

Inspections? No

Number of Licensees: 1,270 (FY 20)

Overview: Registered Sanitarians in Texas protect the health, safety and general welfare of the public from health and safety dangers. Their inspections are key to preventing and stopping foodborne and communicable disease outbreaks at the source.

A person who engages or offers to engage in work in sanitation may not call themselves a sanitarian or use a title containing the word “sanitarian” unless they hold a certificate of registration from TDLR. The scope of professional practice of a registered sanitarian includes, but is not limited to: ● evaluating, planning, designing, managing, organizing, enforcing, or implementing programs, facilities, or services that protect public health and the environment.

The scope of practice may be in the areas of: ● manufactured food quality and safety; ● restaurant inspections; ● on-site wastewater treatment and disposal; ● solid and hazardous waste management; ● ambient and indoor air quality; ● drinking and swimming facility water quality; ● insect and animal vector control; ● recreational and institutional facility inspections; ● consumer health; and ● occupational health and safety

(License Types on page 2)

For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

SANITARIANS AT A GLANCE Professional Sanitarian To be eligible to receive a certificate of registration as a professional sanitarian, a person must: ● hold at least a bachelor’s degree from an accredited college or university that includes at least 30 semester hours in basic or applied science; ● have at least two years of full-time experience in the fields of consumer health, environmental health, or sanitation; ● pass the registration examination; ● submit a completed application and required fees; and ● successfully pass a criminal background check.

Sanitarian in Training To be eligible to receive a certificate of registration as a sanitarian in training, a person must: ● hold at least a bachelor’s degree from an accredited college or university that includes at least 30 semester hours in basic or applied science; ● be employed in sanitation; ● pass the registration examination; ● submit a completed application and required fees; and ● successfully pass a criminal background check.

Certificates issued are valid for two years.

A sanitarian in training may only renew the registration once; for a total of four years.

License

Fee

Sanitarian in Training

$120

Sanitarian in Training Renewal (may only renew once)

$100

Registered Sanitarian

$130

Registered Sanitarian Renewal

$110

Upgrade from Sanitarian in Training to Registered Sanitarian

$25

Continuing Education Sponsor Approval

$100 per sponsor

Program History Regulation of Sanitarians began at the State Board of Health (later Department of State Health Services) in 1965 with the enactment of Senate Bill 333 (59th Legislature) and the creation of the Sanitarian Advisory Committee.

All activities relating to the Sanitarians program – including licenses and renewals, customer service, and enforcement – were transferred to the Texas Department of Licensing and Regulation (TDLR) on November 1, 2017.

The Registered Sanitarians Advisory Committee has 9 members serving staggered 6-year terms, which includes: ● five registered sanitarians; ● one professional engineer, or one on-site sewage facility (OSSF) professional who is not and has never been registered as a sanitarian in Texas; ● two consumers, one of whom must be a member of an industry or occupation that is regulated either by a city or county environmental health unit or department or equivalent, or by the Department of State Health Services; and ● one person involved in education in the field of public, consumer, or environmental health sciences.

Continuing Education Requirements A Registered Sanitarian must obtain and show proof of 24 continuing education hours related to the field of consumer health, environmental health, or sanitation, taken within the 24 months preceding renewal for a registration issued for a two-year term.

TDLR AAG FORM-039 Sept. 2020

TEXAS DEPARTMENT OF LICENSING & REGULATION SERVICE CONTRACT PROVIDERS AT A GLANCE Statutes: Chapter 1304, Occupations Code Rules: Title 16 T.A.C. Chapter 77 Practice Act? Yes Title Act? Yes Inspections? No Number of Licensees: 358 (FY 20) Overview: A service contract is a contract between a service contract provider and a consumer. The price of a service contract is in addition to the price of the product and is for a specified period during which the provider agrees to: ● Repair, replace, or maintain a product or pay to repair, replace or maintain a product; or ● Provide identity recovery services if the service contract is financed under Texas Finance Code, Chapters 348 or 353; or ● Provide compensation to the buyer of a vehicle on the total constructive loss under a depreciation benefit optional member program.

The person, company or entity that is contractually obligated to the consumer under terms of the contract is the service contract provider.

The provider is required to register with TDLR. Types of Service Contracts Quite often service contracts are called extended warranties, extended services, extended service agreements and protection plans, to name a few. However, a consumer has the same protection under the statute no matter what the service contract is called.

Vehicle service contracts can also be called by other names, including vehicle extended warranties, extended vehicle services, vehicle extended service agreements and auto protection plans. But, likewise, a consumer has the same protection under the statute no matter what the vehicle service contract is called.

A warranty, or manufacturer’s warranty, automatically comes with the product, does not cost anything extra and is not regulated by TDLR. A service contract or extended warranty must be purchased separately, in addition to the cost of the product.

Exceptions Not all service contracts or extended warranties fall under the Service Contract Providers and Administrators statute and rules. TDLR only regulates service contracts: ● that are purchased in Texas or are sold or issued to consumers in Texas; and ● where the consumer pays a fee for the contract that is in addition to the price of the product.

Residential service contracts or home service contracts are regulated by the Texas Real Estate Commission.

Administrators A service contract administrator is a person, other than the provider of the service contract or an employee of the provider, who is responsible for the third-party administration of a service contract. The administrator may perform the following activities on behalf of the provider: ● Perform or arrange the collection, maintenance, or disbursement of money to compensate any party for claims or repairs pursuant to a service contract; ● Participate in processing or adjustment of claims arising under a service contract; ● Maintain records required by Texas Occupations Code, Chapter 1304; or ● Comply with the provider requirements, other than the financial security requirements, of Texas Occupations Code, Chapter 1304.

Administrators are required to register with TDLR, but if the service contract provider is administering its own contracts, it does not need a separate administrator registration.

Sellers A service contract seller is a person, other than the provider or administrator of a service contract, who markets, sells, offers to sell, negotiates, or issues a service contract to a consumer on behalf of a provider, but who is not contractually obligated to a service contract holder under the terms of a service contract. Sellers do not register with TDLR.

For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

SERVICE CONTRACT PROVIDERS AT A GLANCE

Complaints If you are a consumer, TDLR suggests contacting the service contract provider first. The provider is required to provide you with its complaint resolution procedures and if you are unable to resolve the complaint with the provider, you may file a complaint with TDLR: https://www.tdlr.texas.gov/Complaints/.

Providers

Fee

Service Contract Provider Initial Registration

$250

Annual Renewal: Selling or Issuing 0 to 250 Services Contracts in a 12-Month Period

$250

Annual Renewal: Selling or Issuing 251 to $500 499 Services Contracts in a 12-Month Period Annual Renewal: Selling or Issuing 500 Services $1,000 Contracts Or More in a 12-Month Period Quarterly Contract Fee (this fee only applies to Identify Recovery Service Contracts)

$1 per service contract

Administrators

Fee

Administrator Initial Registration

$250

Administrator Annual Renewal

$250

Does a motor vehicle dealer have to register as a Service Contract Provider?

It depends:

● If the motor vehicle dealer is only selling another company’s service contracts but is not contractually or financially responsible under those contracts, then the motor vehicle dealer is a seller. Sellers do not register with TDLR. ● If the motor vehicle dealer is selling its own service contracts, and it is contractually and financially responsible for those contracts, then the motor vehicle dealer is a service contract provider and must register with TDLR. ● If a motor vehicle dealer is a service contract provider but meets all of the following qualifications, the motor vehicle dealer does not have to register with TDLR: • The dealer is selling service contracts only on the vehicles the dealer sells; AND • The dealer is licensed as a motor vehicle dealer under Texas Occupations Code Chapter 2301 (Texas Motor Vehicle Commission); AND • The dealer is covering the dealer’s financial obligations under the service contracts with reimbursement insurance.

Advisory Board? No

TDLR AAG FORM-033 Sept. 2020

TEXAS DEPARTMENT OF LICENSING & REGULATION SPEECH-LANGUAGE PATHOLOGISTS & AUDIOLOGISTS AT A GLANCE Statutes: Chapters 401 and 51, Texas Occupations Code Rules: Title 16 T.A.C. Chapter 111 Number of Licensees: 22,223 (FY 20)

Practice Act? Yes Title Act? Yes Inspections? No

Overview: ● Speech-language pathology uses nonmedical procedures to test and rehabilitate communication disorders including speech, voice, language, oral pharyngeal function, or cognitive processes so these conditions can be modified. ● Audiology uses nonmedical methods to test and rehabilitate auditory or vestibular system disorders to provide services that modify communicative disorders involving speech, language, hearing, balance or abnormal behavior related to hearing loss.

Speech-Language Pathology License Requirements ● A master’s degree from an accredited institution with a major in one of the areas of communicative sciences or disorders; ● Supervised clinical work with individuals who present a variety of communication disorders. An applicant must complete at least 25 clock hours of supervised observation before completing the supervised clinical direct client contact (clinical practicum); ● Internship. An applicant must have completed an internship in which a minimum of 1,260 hours of clinical work has been accomplished in speech-language pathology under the supervision of a licensed SLP. The applicant must be licensed before the beginning of the internship; ● Pass the Praxis examination; and, ● Complete the jurisprudence examination.

Speech-Language Pathology Intern License Requirements ● A master’s degree from an accredited institution with a major in one of the areas of communicative sciences or disorders; ● Supervised clinical work with individuals who present a variety of communication disorders. An applicant must have completed a clinical practicum, including supervised clinical observation and clinical direct client contact within an educational institution or in one of its cooperating programs; and ● Complete the jurisprudence examination.

Scope of License ● Internship. Once the intern license is issued, the intern must be supervised by a licensed speech-language pathologist who has been approved by TDLR to serve as the intern’s supervisor. The internship must be completed within a maximum of 48 months. The internship must have a minimum of 1,260 hours and 36 weeks of supervised professional experience that includes primarily clinical activities such as assessment, diagnosis, evaluation, screening, treatment, report writing, family/client consultation, and/or counseling related to the management process of individuals who exhibit communication disabilities.

For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

SPEECH-LANGUAGE PATHOLOGISTS & AUDIOLOGISTS AT A GLANCE Speech-Language Pathology Assistant License Requirements ● A bachelor’s degree with an emphasis in communicative sciences or disorders. At least 24 of those semester credit hours must be in speech-language pathology, language disorders and speech disorders; ● A speech-language pathology assistant must be supervised by a licensed speech-language pathologist approved by TDLR. ● Complete 25 hours of clinical observation and 25 hours of clinical assisting experiences; and, ● Complete the jurisprudence examination.

Audiology License Requirements ● A doctoral degree in audiology or a related hearing science from an accredited program; ● Proof of completing an internship that consisted of 1,600 hours of supervised clinical work, involving primarily clinical activities. These activities may include assessment, diagnosis, evaluation, screening, treatment, report writing, family/client consultation, and/or counseling related to the management process of individuals; ● Pass the Praxis examination; and, ● Complete the jurisprudence examination.

Audiology Intern License Requirements ● Completion of all coursework required for a doctoral degree in audiology or a related hearing science from an accredited program; ● Once the intern license is issued, the intern must be supervised by a licensed audiologist approved by TDLR. The internship must consist of 1,600 hours of supervised clinical work, involving primarily clinical activities. These activities may include assessment, diagnosis, evaluation, screening, treatment, report writing, family/client consultation, and/or counseling related to the management process of individuals; and, ● Complete the jurisprudence examination.

Audiology Assistant License Requirements ● Be at least 18 years old and possess a high school diploma or equivalent; ● Complete the approved 20-hour certification course from the Council for Accreditation of Occupational Hearing Conservation and earn a passing score on the examination; ● Submit the Supervisory Responsibility Statement for an Assistant in Audiology form; and ● Submit a plan to complete a minimum of 25 hours of jobspecific competency-based training to be carried out by the supervisor. Until this training is complete, the licensed assistant in audiology may practice only under in-person, direct supervision by the supervisor.

License Type

Fees

Speech-Language Pathology initial application (two-year license)

$150

Speech-Language Pathology renewal (two-year license)

$100

Speech-Language Pathology Intern initial application (one-year license)

$75

Speech-Language Pathology Intern Renewal (one-year license)

$75

Speech-Language Pathology Assistant initial application (two-year license)

$150

Speech-Language Pathology Assistant Renewal (two-year license)

$100

Audiology initial application (two-year license)

$150

Audiology renewal (two-year license)

$100

Audiology Intern initial application (one-year license)

$75

Audiology Intern renewal license (one-year)

$75

Audiology Assistant initial application (two-year license)

$150

Audiology Assistant renewal (two-year license)

$100

Duplicate/Replacement License

$25

Criminal Background Check Texas law requires fingerprint background checks for all license types within the Speech-Language Pathologists and Audiologists program.

Human Trafficking Prevention Training Course HB2059, passed in the 86th Regular Session of the Texas Legislature, requires all license types within the Speech-Language Pathologists and Audiologists program to complete a one-hour HHSC-approved Human Trafficking Prevention Training Course as a requirement for license renewal.

The Speech-Language Pathologists and Audiologists Advisory Board has 9 members serving 6-year terms, which includes: ● three audiologist members; ● three speech-language pathologist members; and ● three members who represent the public, including one pediatrician or one otolaryngologist.

TDLR AAG FORM-007 Sept. 2020

TEXAS DEPARTMENT OF LICENSING & REGULATION TDLR MILITARY OUTREACH AT A GLANCE

TDLR is committed to assisting members of the military and their spouses with obtaining licenses in any of the agency’s 39 regulated programs. TDLR will waive certain initial license application fees for military members, veterans and military spouses. The agency maintains a webpage specifically for military issues: tdlr.texas.gov/ military.htm.

TDLR’s military licensing website provides resources for active-duty servicemembers, veterans, and military spouses to help eligible individuals take advantage of benefits that Texas offers to our military community.

The website includes an MOS search function, which matches Texas occupational licenses with the military training and experiences of servicemembers and veterans who wish to transition their military occupations to the civilian world. The search identifies occupations that the servicemember or veteran would be qualified for, either immediately or through additional education and training.

Also included in the website are resources for servicemembers and veterans who wish to pursue an entirely new career after military service. These resources identify the needed education and training to enter a new profession, as well as the employment outlook and potential salary range of civilian jobs in the occupation.

For Military Spouses In 2019, the Texas Legislature passed legislation (HB 1200) to provide additional pathways for military spouses to work in Texas with certain licenses. Military spouses who are currently licensed in another state can notify TDLR of their intent to practice in Texas and receive a confirmation letter from TDLR, they can obtain a one-time license that expires after three years and is non-renewable, OR they can apply for a full TDLR license. Although military spouses can work in Texas without obtaining a “regular” license, employers and potential clients are not obligated to hire someone who is not fully licensed in the state.

Please note that examinations, where applicable, may still be required. Examination fees, which are paid to third-party vendors, cannot be waived by TDLR. License application fees are waived only for a military service member or military veteran whose military service, training, or education substantially meets all of the requirements for the license. License application fees are also waived if the applicant holds a current license issued by another state (also known as reciprocity).

TDLR will: ● expedite processing of the initial license application ● evaluate applications on a case-by-case basis to determine if the license requirements of the other state where the spouse is licensed are substantially equivalent to Texas ● waive the initial license application fee if the spouse holds a license in another state that is substantially equivalent to a Texas license ● waive the examination requirement if the spouse previously held a Texas license that expired within the last five years Separate licenses are issued for barbering and cosmetology.

For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

TDLR AAG FORM-040 Sept. 2020

TEXAS DEPARTMENT OF LICENSING & REGULATION TDLR OFFERS SECOND CHANCES AT A GLANCE “As commissioners, we are often the last step for that person on the edge of rebuilding their lives.

Our decisions can mean the difference between a solid job with a positive future or grim prospects and a possible return to jail. The Legislature has given us a new tool and we will use it responsibly.

This is lightyears of progress for those who are recently released and seeking the second chance they crave.” —Rick Figueroa, Chair, Texas Commission of Licensing and Regulation

Overview: At the beginning of the 86th Legislature, the chair of the Texas Commission of Licensing and Regulation, Rick Figueroa, prioritized and promoted the value to society of second chances for individuals who have been convicted of crimes.

During the 86th Legislature, a coalition of like-minded institutions and organizations including the Texas Criminal Justice Coalition, the Texas Public Policy Foundation, and Prison Fellowship Ministries, worked to persuade the Legislature to pass House Bill 1342, which introduced several important changes to occupational licensing in Texas.

HB 1342: ● Allows someone with a criminal conviction to receive an occupational license if their offense happened less than five years before they apply and if the offense does not directly relate to the occupation they’re hoping to pursue. ● Creates restricted licenses for air conditioning and refrigeration contractors and electricians under certain circumstances. A restricted license puts specific limitations on where the licensee can work (such as industrial and commercial settings only) and requires that they work under the direct supervision of an approved supervisor. ● Provides a path to reinstatement to someone whose license was revoked for failure to pay an administrative penalty. Before HB 1342 was enacted, someone whose license had been revoked for any reason could not reapply for licensure until one year had passed from the date of revocation. Now, if they pay the administrative penalty in full, or are in good standing on a payment plan to the Department, they may reapply immediately. ● Ensures that occupational licensing agencies only consider crimes directly related to the particular occupation for which licensure is sought. ● Requires that people who work in certain fields while they are imprisoned receive credit for their work experience. While this has been TDLR’s practice for many years, HB 1342 will provide consistency in licensing standards across the state.

One clear benefit of HB 1342 is that people who may otherwise have been denied a license due to their criminal history now have the potential to become licensed upon release from imprisonment. With data showing that the best way to reduce recidivism is to minimize the time between release and gainful employment, this new tool will have a positive impact.

Prison Outreach Since 2012, TDLR staff have regularly conducted prison outreach visits to state and federal correctional institutions across the state. During the visits, TDLR staff meet with offenders to discuss the licensing process and how the agency evaluates criminal histories.

For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

TDLR AAG FORM-053 Sept. 2020

TEXAS DEPARTMENT OF LICENSING & REGULATION TRANSPORTATION NETWORK COMPANIES AT A GLANCE Statutes: Chapter 2402, Occupations Code Rules: Title 16 T.A.C. Chapter 95 Practice Act? No Title Act? No Inspections? No

Number of Licensees: 13 (FY 20)

Permit

Fee

Original Application Fee

$10,500

Renewal Fee

$7,500

Permit Amendment Fee

$25

the passenger to an alternate provider of wheelchair-accessible service.

Overview: Transportation network companies (TNCs) – also known as rideshare or ride-hailing companies – enable passengers to arrange rides through a digital network. Drivers receive compensation for this service that is more than their cost of providing the ride. TNCs do not include street-hail taxicabs, limousines, shared expense carpool/vanpool arrangements, or a ride service where the fee received does not exceed the cost of providing the ride.

● Local, state, and national criminal background checks that include a commercial multistate and multijurisdictional criminal records locator or similar national database; ● Background checks that include the national sex offender public website maintained by the U.S. Department of Justice or a successor agency; and, ● Each driver’s background and driver history must be checked at least annually.

Statewide regulation of TNCs began in Texas after the enactment of House Bill 100 (85th Legislature). The bill created a consistent regulatory framework in Texas for TNCs and was signed into law by Governor Greg Abbott on May 29, 2017. TDLR began accepting TNC permit applications in December 2017.

Insurance A TNC driver or a TNC on the driver’s behalf must maintain primary automobile insurance while the driver is logged on to the TNC’s digital network and while engaged in a prearranged ride. The requirements for insurance may be satisfied by the TNC’s insurance, the TNC driver’s insurance or a combination of both.

See Texas Insurance Code 1954 for a full list of insurance requirements.

Drivers TNC drivers do not need a permit or license from TDLR but they must be at least 18 years old and approved by a TNC to drive for that company in accordance with state law.

Background Checks A TNC must perform background checks on all their drivers. This check includes at minimum:

Accessibility TNCs must provide the passenger an opportunity to indicate whether the passenger requires a wheelchair-accessible vehicle. If a wheelchair-accessible vehicle cannot be provided, a TNC must direct

The Accessibility Pilot Program is a two-year pilot program offered in one of the four largest markets in which the TNC operates to offer its services to disabled persons using a fixed-frame wheelchair and make referrals to alternate providers of wheelchair-accessible services that do not unreasonably delay the requested ride service. After a TNC begins a pilot program, it must submit a report demonstrating its compliance with the program. The reporting requirements for this program are the Disability Compliance Report that the transportation network company is required to submit within the 100th day after the TNC begins a pilot program and the Accessibility Pilot Program Report, which is due not later than the 75th day after the date the program ends. Specific details and rule requirements can be found in the TNC Administrative Rules, effective February 15, 2017.

Consumer Complaints Consumers should direct issues or complaints about a driver directly to the transportation network company, including any complaints regarding a driver who may be intoxicated while driving for the company.

Consumer complaints about a transportation network company operating in Texas should be sent to TDLR at: https://www.tdlr.texas. gov/Complaints.

Advisory Board? No

For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

TDLR AAG FORM-027 Sept. 2020

TEXAS DEPARTMENT OF LICENSING & REGULATION TOWING AT A GLANCE

Statutes: Chapter 2308, Occupations Code Rules: Title 16 T.A.C. Chapter 86 Practice Act? Yes Title Act? No

Inspections? No Number of Licensees: 29,660 (FY 20)

Overview: Tow truck companies, tow trucks and tow truck operators must be licensed. Licensed tow truck operators do not need a separate vehicle storage facility (VSF) license to work at a VSF. Tow truck operators are subject to mandatory drug testing and all licensed operators are subject to a criminal background check.

If a tow truck is stopped on the side of the road with its emergency lights activated, motorists are required to slow down by at least 20 miles per hour or move over into a traffic lane away from the stopped vehicle. Tow trucks are permitted to display rear-facing blue lights as part of their emergency lighting. They may only activate blue or red lights while working in Type of Tow conjunction with law enforcement.

Maximum Tow Fee

Maximum Drop Charge

There are two types of tows: Consent and Non-Consent. A nonLight Duty Private Property Tow $255 $127 consent tow can either be an incident management tow or a private (towed vehicle is 10,000 lbs or less) property tow. ● Incident Management (IM) – This is a tow of a vehicle from $178 Medium Duty Private Property Tow $357 a public road due to an accident or incident. This includes (towed vehicle is between 10,001 when a vehicle owner requests the tow but towing adversely and 24,999 lbs) affects traffic on the public roadway. All IM tows are considered Heavy Duty Private Property Tow $459 per unit; $229 per unit; non-consent tows and all fees must be directly related to towing (towed vehicle is 25,000 lbs or more) $918 max $458 max and available on a non-consent tow fee schedule.* There are no state set IM tow fees, however, local municipalities or counties ● Consent (CT) – This is a tow of a motor vehicle in which the tow may establish set fees. IM tow operators and IM tow trucks may also truck is summoned by the owner or operator of the vehicle, or by a perform private property and consent tows. person who has possession, custody, or control of the vehicle when ● Private Property (PP) – This is a tow of a vehicle authorized by the the tow is not from a public roadway that affects traffic flow. CT tow owner of a parking facility (for example, an apartment building parking operators and CT tow trucks may only perform CT tows. lot, restaurant, paid parking lot) without the consent of the owner or operator of the vehicle. All PP tows are non-consent tows whose fees NOTE: Repossession is a consent tow and results in consensual are capped in Texas. (see Type of Tow fees chart). Local municipalities storage of a vehicle; TDLR does not have jurisdiction over the storage or counties can establish charges less than the statewide rates. PP of these vehicles. tow operators and PP tow trucks may also perform consent tows. *Non-Consent Towing Fees Under Chapter 2308.452 of the Texas Occupations Code, the owner A towing company must provide its non-consent tow fee schedule of a vehicle towed from a parking facility has the right to a hearing to all vehicle storage facilities to which the towing company delivers in any Justice Court in the County in which the tow took place. The vehicles for storage. The non-consent tow fees must be directly sole issues are whether probable cause existed for the tow and related to towing and be itemized on the tow ticket, as labeled on the whether the tow fee was greater than permitted. The Court may non-consent tow fee schedule. award reimbursement of fees paid for towing or storage.

Cities and counties can impose fees for incident management tows and can set fees less than the state maximum for private property tows.

For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

TOWING AT A GLANCE Registration Type

New Application Annual Renewal

Tow Truck Company

$350

$350

Tow Truck Permit (each truck) $75

$75

Tow Truck Operator (driver)

$100

$100

Drop Fees Note: Cities and counties can further regulate drop fees, and some cities have drop fees lower than those set by the state. ● If a vehicle owner arrives at the site of a private property tow before the vehicle is fully hooked up, the tow truck operator is required to release the vehicle to the owner without charging a drop fee. ● If the vehicle owner or operator arrives once the vehicle is hooked up, the tow truck operator is required to tell the owner that they can pay a “drop fee” to stop the tow, if the tow truck has not yet left the property. The drop fee may not be more than one-half of the maximum towing fee. ● The tow truck operator is required to allow the owner to pay the drop fee on the spot and must accept cash, debit cards and credit cards. ● Once the tow truck is in transport on a public roadway and off the private property, the driver may proceed to a licensed vehicle storage facility.

Credit Card Surcharges As of March 16, 2021, tow licensees may add a credit card surcharge to a consumer’s tow bill. The surcharge may not exceed the percentage set by a credit card issuer to use the card.

The Towing and Storage Advisory Board has 8 members serving 6-year terms, which includes: ● one representative of a towing company operating in a county with a population of less than one million; ● one representative of a towing company operating in a county with a population of one million or more; ● one representative of a vehicle storage facility located in a county with a population of less than one million; ● one representative of a vehicle storage facility located in a county with a population of one million or more; ● one parking facility representative; ● one peace officer from a county with a population of less than one million; ● one peace officer from a county with a population of one million or more; ● one representative of a member insurer, as defined by Section 462.004, Insurance Code, of the Texas Property and Casualty Insurance Guaranty Association who writes automobile insurance in this state; and ● one person who operates both a towing company and a vehicle storage facility.

TDLR AAG FORM-020 Mar. 2021

TEXAS DEPARTMENT OF LICENSING & REGULATION USED AUTOMOTIVE PARTS RECYCLERS AT A GLANCE Statutes: Title 14 T.A.C. Chapter 2309, Occupations Code Rules: Title 16 T.A.C. Chapter 87 Practice Act? Yes Title Act? No

Inspections? Yes Equipment? No Individuals? Yes Facilities? Yes

Number of licensees in FY 2018: 681 (FY 20)

Overview: License Type Fees Used automotive parts recycling (APR) is the dismantling and reuse or resale of used automotive Permit Used Automotive Parts Facility Business (original application) $75 parts and the safe disposal of salvage motor vehicles Permit Used Automotive Parts Facility Business (renewal) $75 or nonrepairable motor vehicles, including the resale of those vehicles. A person may not own or operate a used automotive parts recycling business unless they hold a used Inspections automotive parts recycler license from TDLR. TDLR inspects each APR facility at least once every four years.

Licensing Applicants for a business license must submit a criminal history questionnaire if they have been convicted of, pleaded guilty or nolo contendere to, or been placed on deferred adjudication for a felony; a misdemeanor punishable by confinement in jail or by a fine exceeding $500; violated an order of the commission or executive director, including an order for sanctions or administrative penalties; or knowingly submitted false information on the application.

Licenses are valid for one year.

MOST COMMON VIOLATIONS FOR USED AUTOMOTIVE PARTS RECYCLERS: 1. Surrender of Vehicle Title. Failure of a used automotive parts recycler to submit to the Texas Department of Motor Vehicles a properly assigned manufacturer’s certificate of origin, regular certificate of title, non-repairable vehicle title, salvage vehicle title, other ownership document, or comparable out-of-state ownership document for the motor vehicle, before the 31st day after the date of acquiring the motor vehicle.

2. Removal & Disposal of License Plates. Failure to immediately remove any unexpired license plates from the vehicle and place the license plates in a secure place until destroyed by the used automotive parts recycler.

4. Proof of Liability Insurance. A used automotive parts recycling business may not conduct business or other automotive parts recycling operations in this state unless the licensee maintains a valid general liability insurance policy in an amount not less than $250,000.

5. Dismantlement or Disposition of Motor Vehicle. A used automotive parts recycler may not dismantle or dispose of a motor vehicle unless the recycler first obtains: (1) a certificate of authority

The Used Auto Parts Recyclers Advisory Board has 5 members serving 6-year terms meeting at least twice annually: ● Four members who represent used automotive parts businesses owned by domestic entities, as defined by Section 1.002, Business Organizations Code. ● One member represents a used automotive parts business owned by a foreign entity, as defined by Section 1.002, Business Organizations Code.

The advisory board may not include more than one member from any one used automotive parts business entity.

to dispose of the vehicle, a sales receipt, or a transfer document for the vehicle issued under Chapter 683, Transportation Code; or (2) a certificate of title showing that there are no liens on the vehicle or that all recorded liens have been released.

6. Records of Purchases. A used automotive parts recycler shall surrender to the Texas Department of Motor Vehicles (DMV) for cancellation a certificate of title or authority, sales receipt, or transfer document, as required by the DMV. For each vehicle for which a document is surrendered, the licensee shall obtain a signed receipt for a surrendered certificate of title.

7. Failed to keep and maintain evidence of compliance with the DMV notification requirement. Used automotive parts recyclers shall keep and maintain evidence of compliance with filing of vehicle ownership documents.

8. Unlicensed Activity by a Business. Performed a function of an automotive parts recycling business without a license or while license expired.

For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

TDLR AAG FORM-010 Sept. 2020

TEXAS DEPARTMENT OF LICENSING & REGULATION VEHICLE STORAGE FACILITIES AT A GLANCE Statutes: Chapter 2303, Occupations Code Rules: Title 16 T.A.C. Chapter 85 Practice Act? Yes Title Act? No

Inspections? Yes Equipment? Yes Individuals? Yes Facilities? Yes

Number of Licensees: 4,408 (FY 20)

Overview: A Vehicle Storage Facility (VSF) is a garage, parking lot, or other facility owned or operated by a person other than a governmental entity for storing or parking 10 or more vehicles per year without the consent of the vehicle owner. All fees charged by VSFs are regulated

by TDLR (see VSF storage fees on back of this page). In addition to these, a VSF can collect the fees charged by the towing company.

VSFs and their employees must be licensed. Someone licensed as a tow truck operator may also work at a VSF. All licensed operators are subject to a criminal background check.

VSFs must accept cash, debit cards, and credit cards for payment.

Before releasing a vehicle, the VSF must be paid all fees associated with delivery and storage of the vehicle. Acceptable documents to release the vehicle include a valid state or federally issued I.D. (the identification can be from another country such as Mexico) and one of the following: ● Notarized power-of-attorney; ● Court order; ● Certificate of title; ● Tax collector’s receipt with vehicle registration renewal card accompanied by a conforming identification; ● Name and address information corresponding to that contained in the files of the Texas Department of Motor Vehicles; ● Current automobile lease or rental agreement executed by the operator of the vehicle or a person holding a power of attorney

Registration Type

Annual New Application Renewal

Vehicle Storage Facility (VSF) $250

$250

Vehicle Storage Facility Employee

$75

$75

executed by the person named in the lease agreement; ● Appropriate identification of any state or federal law enforcement agency representative; ● Most recent version of a TDLR-approved form or electronic version of a TDLR-approved form published on TDLR’s website, www. tdlr.texas.gov; which the VSF must make available to the vehicle owner or person seeking possession of or access to the vehicle; or ● Proof of financial responsibility (insurance card) as an additional form of identification that establishes ownership or right of possession or control of the vehicle.

If a VSF receives any one of these items, in addition to the valid state or federally issued ID, and receives payment of all fees, they must release the vehicle. The VSF must accept a vehicle title as an instrument of release even if the person presenting the title is not the person whose name appears on the front or back of the title.

Anyone claiming to be the owner or operator of a vehicle can have access to the property in a vehicle in order to obtain documentation that can be used to prove they have the right to get the vehicle released to them. Anyone who can demonstrate that they are the owner or have a right to possess the vehicle, or are an authorized representative of the owner, may obtain possessions out of the vehicle. A VSF may not charge to get possessions out of the vehicle for a vehicle stored without the owner’s consent.

For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

VEHICLE STORAGE FACILITIES AT A GLANCE VSF Storage Fees

Amount

Daily Storage for Vehicles 25 Feet Long or Less

$20.64/day. No more than $25/day

Daily Storage for Vehicles Over 25 Feet Long

$36.11/day

One-time Impoundment Fee

$20.64

One-time Fee for All Notices to Owners and Lienholders

$50

Governmental Entity Fee (if applicable)

Depends on jurisdiction

The Towing and Storage Advisory Board has 8 members serving 6-year terms, which includes: ● one representative of a towing company operating in a county with a population of less than one million; ● one representative of a towing company operating in a county with a population of one million or more; ● one representative of a vehicle storage facility located in a county with a population of less than one million; ● one representative of a vehicle storage facility located in a county with a population of one million or more; ● one parking facility representative; ● one peace officer from a county with a population of less than one million; ● one peace officer from a county with a population of one million or more; ● one representative of a member insurer, as defined by Section 462.004, Insurance Code, of the Texas Property and Casualty Insurance Guaranty Association who writes automobile insurance in this state; and ● one person who operates both a towing company and a vehicle storage facility.

TDLR AAG FORM-005 Sept. 2020

TEXAS DEPARTMENT OF LICENSING & REGULATION WATER WELL DRILLERS & PUMP INSTALLERS AT A GLANCE

Statutes: Chapters 1901, 1902, Occupations Code Rules: Title 16 T.A.C. Chapter 76

Inspections? Yes (Random Compliance) Number of Licensees: 2,136 (FY 20) Overview: A license is required to drill a water environmental or injection well in Texas and to install a pump for a water well. TDLR regulates private water well drilling and pump installation while the Texas Commission on Environmental Quality’s Plan Review Section regulates public water supply well construction.

License

Fee

Driller (initial application)

$215

Driller (renewal)

$215

Installer (initial application)

$215

Installer (renewal)

$215

Combination Driller & Installer (initial application) $325 Combination Driller & Installer (renewal)

$325

No permits are required at the state level to drill a water well; however, permits or well registrations may be required by local ordinances or groundwater conservation districts.

Apprentice (initial application)

$65

Apprentice (renewal)

$65

A landowner is responsible for plugging an abandoned and/or deteriorated water well. The landowner may plug the well themselves or hire a licensed well driller and/or licensed pump installer to plug the well.

Combination Apprentice (initial application)

$115

Combination Apprentice (renewal)

$115

To learn about or report an abandoned well in Texas, visit www.tdlr.texas.gov/wwd/abandonedwells.htm Licensing Well Drillers Applicants must have a minimum of 2 years of experience under the supervision of a licensed Well Driller. The General Exam must be passed before any license or endorsement may be issued. To be eligible for additional endorsements, licensees must take the applicable endorsement exam after performing the minimum number of qualifying drillings required for the endorsement: ● Water Wells (W) – 15 qualifying drillings ● Monitor Wells (M) – 50 qualifying drillings ● Injection Wells (N) – 50 qualifying drillings ● Dewatering Wells (D) – 50 qualifying drillings ● Closed Loop Geothermal Wells (C) – 50 qualifying drillings ● Master License (I) – 215 qualifying drillings Pump Installers ● Applicants must have a minimum of 2 years of experience under the supervision of a licensed Pump Installer. The General Exam must be passed before any license or endorsement may be issued.

To be eligible for additional endorsements, licensees must take the applicable endorsement exam after performing the minimum number of qualifying installations required for the endorsement:

● Single Phase Pumps (P) – 15 qualifying installations ● 3 Phase Pumps (K) – 15 qualifying installations ● Turbine Pump (T) – 15 qualifying installations ● Windmill, Pump jack, hand pump – 15 qualifying installations ● Master License (I) – 60 qualifying installations Apprentices Apprentices must be at least 18 years old and be under the supervision of a Licensed Well Driller/Pump Installer who has been licensed in Texas for a minimum of 2 years.

The Water Well Drillers Advisory Council has 9 members serving 6-year terms, which includes: ● six members who are drillers experienced in the well drilling business and familiar with well drilling, completion, and plugging methods and techniques. One member must be selected from the state at large and the remaining five driller members must be selected from each of the following geographic areas of the state: • Gulf Coast area; • Trans-Pecos area; • Central Texas area; • Northeast Texas area; • Panhandle–South Plains area. ● three public members.

For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

TDLR AAG FORM-036 Sept. 2020

TEXAS DEPARTMENT OF LICENSING & REGULATION WEATHER MODIFICATION AT A GLANCE Statutes: Chapters 301 and 302, Agricultural Code Rules: Title 16 T.A.C. Chapter 79 Practice Act? Yes Title Act? Yes

Equipment? Yes Individuals? Yes

Inspections? Yes Facilities? Yes

Number of Licensees: 12 (FY 20)

Overview: The Weather Modification Act was enacted in 1967. “Weather modification and control” means changing, controlling, or attempting to change or control the natural development of atmospheric cloud forms or precipitation forms that occur in the troposphere by artificial methods.

For several decades now, a sizeable area of Texas has had cloud seeding for rainfall enhancement. Currently, nearly 30 million acres (or more than 1/6 of the state’s total land area) are within “target” areas of weather modification projects conducted by, and on behalf of, water conservation districts. Projects must publish notices of intent in local media and provide proof of insurability in order to obtain a permit from TDLR before proceeding.

The number of weather modification licenses and permits has remained fairly constant over the last 15 years or since the State’s weather modification grant program, administered most recently

by TDLR, concluded in 2004. While the technology is certainly not less popular, only a few new rain-enhancement projects have been initiated since the State’s 50-50 match program was not continued by the 2003 Legislature. Without State resources, any new project must rely totally on local revenue, and because aircraft are a key component of a project, start-up costs are much more substantial than maintenance expenses are from year to year.

Number of renewal licenses issued for FY19: 6* Permits are customarily issued for 4 years, so the number of permits or renewed is less than the number of licenses issued or renewed each year.

Permits attest to the merits of a particular project and involve publications (in public media) of notices of intention as well as proof of insurability.

Six permits are in force at this time in Texas. Remember that permits are almost always issued for 4-year terms, so in some years more permits will be issued, or renewed, than in other years. In 2019, TDLR issued one permit renewal, and one permit was renewed in 2020.

Only a licensee may apply for a permit.

License

Fees

Weather Modification License (original application)

$750

Weather Modification Permit

$100

Weather Modification License Amendment

$650

Weather Modification Permit Amendment

$75

Historically, cloud seeding for rain enhancement has occurred in regions of Texas that are arid or semiarid (i.e. inadequate rainfall during the growing season in many/most years, or basically along and west of the 100th meridian). Currently, projects are headquartered in White Deer (near Pampa in the Panhandle), Stamford (Rolling Plains north of Abilene), Pecos, San Angelo, and Pleasanton. Other projects in the recent past were centered at or near Dumas, Lubbock, Plains, Big Spring, Wichita Falls, Del Rio, Carrizo Springs, and Laredo.

In many instances, projects are established by county-wide, or multi-county, water conservation districts whose governing boards (members elected by the public) decide on the extent, duration, and methodology of cloud seeding activities. In some cases, county commissions, even ranching and farming interests, form “associations” to promote the fundraising needed to sponsor rainenhancement operations.

The Edwards Aquifer Authority, based in San Antonio, has been a consistent sponsor for the last 24 years. These sponsoring entities, in applying for a license and permit, must submit detailed Operations Plans for each project, which are then evaluated by TDLR staff and TDLR’s Weather Modification Advisory Board before a permit is issued.

An assessment by a Texas Tech University professor, using Doppler weather radar, indicated an additional 101,031 acre-feet of water was produced from seeding 101 single-cell thunderstorms in 2019. The seeded storms lived, on average, 41 percent longer than untreated, neighboring storms, and rainfall produced from seeded cells covered an average of 44 percent more land area than that from untreated clouds.

The Weather Modification Advisory Board has 5 members serving 4-year terms.

For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

TDLR AAG FORM-023 Sept. 2020

TEXAS DEPARTMENT OF LICENSING & REGULATION

I’m having air conditioning or heating issues Anyone who offers to provide air conditioning and refrigeration (ACR) contracting services or who works as an ACR technician must be licensed in Texas.

It’s important to hire a licensed contractor because: ● they have had training and passed examinations covering rules, regulations, building codes, ● they must complete continuing education on new systems and equipment types, ● they have undergone criminal background checks, and ● they have liability insurance to cover any damages or injuries that might happen.

You should always get more than one bid before deciding who to hire. Don’t pay for a job in full before the job is completed.

What questions should I ask when I’m hiring an air conditioning contractor? ● Are you licensed and certified? ● Do you have general liability insurance? How much do you have? ● What’s the address of your physical office? Be sure to check whether it’s legitimate. ● Do you have references I can contact? Be sure to talk with them. ● What size system will I need?

Hint: Bigger isn’t necessarily better. Too much air conditioning power can increase the relative humidity in the home or office and cause mold to develop.

● How energy efficient is the new system? It may be worth it to buy a more expensive system if it’s more efficient than the cheaper system. ● Can you use my current ductwork? If not, why not? ● Are all the work details listed along with where the equipment is going to be installed? Does it include start and completion dates, contractor’s insurance policy, and license number(s)?

When a contractor is bidding to do work for me, what should they do? ● They should inspect your HVAC system before beginning repairs. ● They should perform a heatload study. ● They should do a duct work study. ● They should specify the makes and models of the equipment, including model numbers, names, quantity, manufacturer warranties, documentation, and energy ratings. ● They should provide bids or estimates in writing. ● They should leave all the owner’s manuals, documentation of installation procedures, AHRI certificate, and any records of measurements and testing.

See following page for information on R22 coolant.

AIR CONDITIONING REPAIR CONSUMER PROTECTION For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

TEXAS DEPARTMENT OF LICENSING & REGULATION My 10-year old air conditioner has a leak and has lost the R22 coolant. Do I really need a new unit?

However, as you can see by the current cost of R22, repairs that involve adding refrigerant will cost a lot more.

Recent global agreements to protect the stratosphere ozone layer phased out the production and consumption of ozone-depleting substances including HydroChloroFluoroCarbon (HCFC) gases. HCFCs include R22, which is commonly used in air conditioners in the United States.

(A word about repairs that require adding refrigerant to a system: Refrigerant is not consumed during the air conditioning process, and it does not evaporate. The only reason for adding refrigerant to a properly charged system would be the presence of an improperly brazed (soldered) piping joint or a crack or split in a coil, etc. Leaks should be found and repaired!)

In 2010, NEW air conditioning equipment was banned from using R22, so the air conditioning industry switched to a new refrigerant called R-410a.

Of course, existing equipment still has the need for the old refrigerant (R22), and it is still available, but the federal government has been incrementally cutting the yearly allowed production of new R22 since 2004. The curtailment of production has caused the price to rise every year.

For example, in 2004 a 30-pound bottle of R22 had a wholesale price of around $75 to $100, with the retail price for the consumer going for around $7.50 to $10 per pound. Today’s wholesale price of a 30-pound bottle of R22 is around $750 or more, with a fair retail price to the consumer of between $60 and $80 per pound.

The typical residential AC unit, properly charged, will hold an average of 8 pounds.

After Jan. 1, 2020, the production of R22 is banned and new R-22 will no longer be produced or imported. Only recovered, recycled, or reclaimed supplies of R-22 will be available at that time. The industry and consumers are not required to stop using existing R-22 air conditioners or replace existing equipment.

A very important point in this discussion is that the replacement refrigerant R-410a cannot be added to an existing R22 system. The two types of coolants are incompatible, and the systems use different types of oils. The design characteristics of a new R-410a system are different from an R22 system, so a condensing unit (outside unit) cannot be replaced without changing, at a minimum, the Indoor evaporator coil...and preferably the entire indoor system (AHU/heating unit/evaporator) as well.

So – because a 10-year-old or older system will most likely be much less efficient than a new system, and repairs will be more costly. If substantial repairs are needed, replacement rather than repairs may be the most economical option, given a fairly short payback.

TEXAS DEPARTMENT OF LICENSING & REGULATION

We’re getting a dog or cat!

If you’re considering purchasing a dog or cat from a breeder in Texas be sure to check if they are required to be licensed.

A Texas Department of Licensing and Regulation breeder license is required for anyone who possesses 11 or more adult intact female dogs or cats and breeds them for direct or indirect sale and who sells, offers to sell or exchanges at least 20 animals in a calendar year.

TDLR enforces rules and laws in an effort to maintain health and safety standards for each dog or cat in a TDLR licensed breeding facility.

Before issuing a license, TDLR inspects a breeding facility to make sure it meets standard of care requirements. Agency inspectors then visit breeding facilities at least once every 18 months, and other inspections may occur as needed.

Licensed breeders must adhere to standards of care in these areas: ● indoor or outdoor housing; ● enclosures; ● compatible grouping of animals; ● exercise for dogs; ● feeding, watering, cleaning, and sanitation; ● housekeeping and pest control; ● training of onsite personnel; ● grooming; ● veterinary care; ● sales and transfers; and ● transportation standards.

By law, TDLR must revoke a breeder license for a conviction or deferred adjudication for animal cruelty or neglect. TDLR can also revoke a breeder license if the licensee is convicted of other criminal charges that are not related to animal cruelty or neglect.

Not all dealers are required to be licensed. Here are steps you can take when dealing with a licensed breeder: ● Ask the breeder for their TDLR license number or check their license status with TDLR at (https://www.tdlr.texas.gov/LicenseSearch/). ● Check whether the licensed breeder has ever been subject to disciplinary actions or sanctions by TDLR (https://www.tdlr.texas.gov/ cimsfo/fosearch.asp). ● Ask for references and call or email those references. ● Meet the licensed breeder in person and examine the breeding facility.

Look at the animals. Do they look healthy? Are they acting normally? Is the kennel or cattery clean? Is there plenty of room for the animals to exercise? ● Get a full medical history for the animal. Ask whether the breed has any typical, long-term health conditions.

Here are some of the most common code violations committed by TDLRLicensed Breeders: ● Not giving breeding females adequate rest between breeding cycles. ● Not including their TDLR license number and TDLR licensing statement in each contract for sale or transfer. ● Not sufficiently heating or cooling sheltered housing facilities to protect animals from temperature or humidity extremes. ● Not documenting or following an appropriate plan for daily exercise of animals. A veterinarian must approve the plan. ● Not providing appropriate training to employees who are responsible for caring for dogs or cats. The training should include basic animal care and handling, prevention of infectious disease, and kennel sanitization. ● Not having each breeding animal examined by a veterinarian at least once every 12 months. ● Not having a written health care management protocol that includes all required health care records.

TDLR pays up to a $1,000 reward for information about unlicensed breeding activity that leads to disciplinary action against an individual. Violations can be reported online (https://www.tdlr.texas.gov/complaints/) 24 hours a day, or by phone during normal business hours at (800) 803-9202. Complaints can be filed anonymously.

LICENSED BREEDERS CONSUMER PROTECTION For For moremore information, please contact the the TDLRTDLR Office of Strategic Communication: media.inquiries@tdlr.texas. information, please contact Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

TDLR AAG FORM-201 Feb. 2020

TEXAS DEPARTMENT OF LICENSING & REGULATION

Parent-Taught Driver Education: The Process Getting Started

Parent Taught Driver Education (PTDE) is a driver education course where parents, step-parents, grandparents, step-grandparents, foster parents or legal guardians can teach their teenager how to drive. Parent Taught Driver Education has the same education and driving requirements as driver education taken through a licensed driver education school or public school.

A teenager can begin the classroom portion of driver education at age 14, but cannot get a Learner License until they are 15 years old, have completed the first 6 hours of driver education (if using the Concurrent Method) or all 32 hours of classroom instruction (if using the Block Method); and have received a Texas Driver Education Certificate of Completion (DE-964).

When you order a PTDE guide to teach your child’s driver education course, you’re promising that you’ll take that responsibility seriously and perform all the tasks required as an instructor.

Please note: If the parent instructor has a criminal or driver record, they should first check their eligibility with the Texas Department of Public Safety (DPS). https://txapps.texas.gov/tolapp/txldrcdr/TXDPSLicenseeManager

Sounds great! What should we do first?

By ordering a PTDE guide, the parent instructor takes charge of driver education for the teen driver by working with the Texas Department of Licensing and Regulation (TDLR), the Department of Public Safety (DPS) and a TDLR-approved PTDE Course Provider.

1. Order the PTDE Guide from TDLR. You can purchase the guide online or download the order form.

The guide costs $20 and is non-refundable.

2. Decide whether you’re using the Concurrent Method or the Block Method of instruction when you purchase a course from a TDLR-approved Course Provider.

• Concurrent Method: The student completes six hours of classroom instruction before getting a Learner License • Block Method: The student completes all 32 hours of classroom instruction before getting a Learner License.

3. Next, purchase an approved PTDE course from an approved PTDE Course Provider. Search for approved Parent Taught Driver Education courses. Course costs can vary widely. TDLR cannot provide recommendations on which course to take.

4. You can start teaching the course once you receive your PTDE Program Guide from TDLR and the training materials from an approved PTDE Course Provider.

The Texas Driver Handbook is also handy. Download that here for free: http://www.dps.texas.gov/internetforms/Forms/DL-7.pdf.

For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

TDLR AAG FORM-040 Oct. 2019

TEXAS DEPARTMENT OF LICENSING & REGULATION

I NEED TO HIRE AN ELECTRICIAN Don’t ever use the services of an unlicensed electrician – your safety depends on it! Anyone who offers to provide electrical contracting services in Texas must be licensed by TDLR and they must use TDLR-licensed electricians to perform the work.

Licensed electrical contractors must either hold a license as a master electrician or employ a master. They are required to carry insurance, which protects you as a consumer on completed jobs.

It’s important to hire a licensed electrical contractor because: ● they have passed examinations covering the National Electrical codes; ● they have been educated on Texas laws and rules; ● they have undergone criminal background checks; and, ● they have insurance to cover any damages that might happen when the job is completed.

BEFORE HIRING SOMEONE:

● Get bids: You should always get more than one bid before deciding who to hire. ● The bid should include their Texas electrical contractor license number (TECL 12345) and the department’s contact information on the bid proposal. ● Make sure you have time to confirm that the electrical contractor’s license, and the license of the associated master, are current and in good standing on our TDLR website. Go here (https://www.tdlr.texas.gov/ LicenseSearch/) to do that. ● Look at the truck: the TECL (Texas Electrician Contractor) license number should be visible. ● Look at the license they carry in their wallet: a journeyman or master electrician can perform work alone. An apprentice electrician requires the onsite supervision of a more qualified licensee, such as a journeyman or a master electrician. ● Confirm that the license is real by checking our website: https://www.tdlr.texas.gov/LicenseSearch/. ● Before signing the contract for work: Ask for references from people they’ve performed work for and follow up by checking those references. ● Payment: Don’t pay for a job in full before the job is completed. That includes any permits that should be closed out with a final inspection.

Report unlicensed activity here: https://www.tdlr.texas.gov/complaints/.

WHAT QUESTIONS SHOULD I ASK WHEN I’M HIRING AN ELECTRICAL CONTRACTOR? ● Are you licensed and certified? (Be sure to look at their license)

● Do you have general liability and worker’s compensation insurance? How much do you have? (Be sure to look at the certificate) ● What’s the address of your physical office? (Be sure to check whether it’s legitimate) ● Do you have references I can contact? (Be sure to talk with them)

ELECTRICIANS CONSUMER PROTECTION For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

TDLR AAG FORM-201 Aug. 2020

TEXAS DEPARTMENT OF LICENSING & REGULATION

Help! I’m stuck in an elevator!

If you are stuck in an elevator, stay calm. Use the elevator’s alarm button or emergency contact button to get help.

Stay quiet and wait for safety instructions.

If the emergency contact button doesn’t seem to be working, use your cellular telephone to call 911. Don’t attempt to pry open the doors — wait for help to come.

The inside of an elevator is the safest place to be while the elevator is stopped.

When you call 911, be prepared to give your location, your name and your contact number.

Elevator Safety Tips* ● Do not use an elevator if there’s a fire in the building.

Take the stairs instead. ● Stay in a stuck elevator — don’t attempt to pry open the doors. ● Reassure and calm anyone who is panicked about being stuck in the elevator. ● Watch your step when you step into the elevator; make sure there is an elevator car available when the doors open. ● If the elevator seems to be moving or is not level with the floor, do not get in the elevator or step out. You could be in danger. ● Don’t get in a crowded elevator. It may be reaching its weight capacity. ● Watch your step when getting in or out of an elevator to avoid tripping. ● Hold the handrail if one is available, and stand next to the walls, away from the door. ● Don’t play or jump in an elevator. ● Don’t rest on or push someone against the elevator door. *Courtesy Elevator Escalator Safety Foundation

More on next page >>

ELEVATORS CONSUMER PROTECTION For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

Why does TDLR regulate elevators?

TDLR has the authority to protect the public from dangerous conditions that may exist due to an elevator or escalator operating improperly. TDLR regulates elevators, escalators and related equipment to ensure the safety of passengers. TDLR also regulates contractors and inspectors who work with elevators, escalators, and other related equipment.

TDLR requires that elevators in Texas be fitted with elevator door restrictors that prevent the elevator cab doors from opening when an elevator is not within its “landing zone.” They are installed for one primary reason — to prevent serious injury or death.

They keep people from opening the doors of a stalled elevator car and attempting to crawl out. When an elevator is stopped between floors, the safest place for passengers is in the elevator because serious injury or death can occur if passengers try to get themselves out. Door Restrictors secure elevator doors to keep them from being opened until help arrives and the appropriate action can be taken by qualified personnel.

For safety reasons, any passenger elevator in Texas without Door Restrictors OR found to have non-working Door Restrictors must be immediately removed from service. The elevator will not be placed back into service until it is inspected and has all required safety features verified by a Registered Elevator Inspector.

TDLR requires that elevators in Texas have Firefighters’ Service, which is a special operating mode for elevators that protects the public by sending elevator cabs to a safe floor for exiting.

To make buildings safer during a fire, the Texas Elevator Law requires all passenger elevators to be equipped with Firefighters’ Service. In the event of a fire, elevators that are not equipped with Firefighters’ Service will continue to operate as usual, possibly opening at the floor on fire, which could lead to serious injury or death. In order to protect the public, any passenger elevator in Texas without Firefighters’ Service OR found to have non-working Phase One Firefighters’ Service must be immediately removed from service.

Single family dwellings are not regulated by TDLR except for provisions in Section 754.0141 that require the equipment be installed by a licensed elevator contractor and inspected. These requirements are to ensure that the homeowner purchases and receives a code-compliant piece of equipment.

Resources:

You can search to find out whether an elevator is licensed: tdlr.texas.gov/Elevator_SearchApp/Elevator/Search. Or, your can call (800) 803-9202 or (512) 463-6599.

File a complaint: tdlr.texas.gov/complaints

TEXAS DEPARTMENT OF LICENSING & REGULATION

Help! I’ve got a Motor Fuel issue TDLR regulates the quality of motor fuel as well as the accuracy of meters for motor fuels sold in Texas. TDLR also registers the facilities that sell motor fuels and the people who ensure that fuel pumps are operating accurately.

One of the best ways to protect yourself when you fill up your tank is to keep your receipt, which will have helpful information such as date, time, pump number and station location in case you need to file a complaint. ● You received contaminated fuel or the wrong type of fuel.

You should: o Contact the gas station to report your issue and make a claim as soon as possible. Get the name of the person you talked to at the station. o Take your vehicle to a reputable mechanic for a checkup. Be sure to save any receipts and invoices. o Call your car insurance company to let them know what happened. o File a complaint with TDLR: www.tdlr.texas.gov/complaints/ ComplaintForm_MotorFuel.aspx. Be ready to provide this information: • Date of incident, gas station pump number, the name and address of the gas station, and a description of what happened.

• Supporting documentation including pictures and receipt.

● You didn’t receive as much fuel as you paid for or you were overcharged. You should: o Contact the gas station to report your issue and make a claim. Get the name of the person you talked to at the station. o File a complaint with TDLR: www.tdlr.texas.gov/complaints/ ComplaintForm_MotorFuel.aspx. Be ready to provide this information: • Date of incident, gas station pump number, the name and address of the gas station, and a description of what happened.

• Supporting documentation including pictures, and receipt. o TDLR investigators will test the pump to determine whether it dispensed the correct amount of fuel.

Credit Card Skimmers Thieves sometimes attach payment skimmers on gas pumps to steal payment card information from customers when they purchase fuel.

You can help Protect the Pump: ● Be aware of your surroundings. Try to avoid using pumps that are out of the clerk’s line of sight. Use a credit card, not a debit card if you don’t pay with cash. Try to pay inside whenever possible. ● Check the pump for signs of tampering. Is the cabinet door loose? Is the card slot loose? ● If you see something out of the ordinary, tell the clerk and TDLR as soon as possible.

To file a complaint about credit card skimming at a fuel pump, please visit: www.tdlr.texas.gov/complaints/ComplaintForm_MotorFuel.aspx.

MOTOR FUEL METERING & QUALITY CONSUMER PROTECTION For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

TEXAS DEPARTMENT OF LICENSING & REGULATION How the TDLR Consumer Complaint Process Works Complaints are assigned to the TDLR Enforcement Division’s intake section for review. An intake legal assistant performs research and analysis to determine whether TDLR has legal jurisdiction and whether there is reason to believe a violation may have occurred. During the review, the intake team may need to ask you for additional information before a case can be opened.

If the intake team determines that the matter is within TDLR’s jurisdiction and that a violation may have occurred, we will open a case for investigation. A letter will be sent to the person who filed the complaint including the case number assigned for identification purposes and the name of the investigator who was assigned to the case.

The TDLR investigator will interview the person who made the complaint, the facility (or person) the complaint is about, and any pertinent witnesses, either by telephone or in person. The investigator will also gather copies of any documents relevant to the case. If necessary, the investigator may conduct an on-site investigation of the location where the alleged violation occurred.

After the investigation is complete, the investigator submits a detailed report of the facts to a prosecuting attorney who then determines the appropriate resolution of the case.

Report unlicensed activity or file a complaint: https://www.tdlr.texas.gov/complaints/

TDLR AAG FORM-201 June 2020

TEXAS DEPARTMENT OF LICENSING & REGULATION

I’m going to get a massage!

Massage therapy is the manipulation of soft tissue by hand or through a mechanical or electrical apparatus for the purpose of body massage.

The term includes effleurage (stroking), petrissage (kneading), tapotement (percussion), compression, vibration, friction, nerve strokes, and Swedish gymnastics. Massage therapy may include the use of oil, lubricant, salt glows, heat lamps, hot and cold packs, or tub, shower, jacuzzi, sauna, steam or cabinet baths.

In Texas, all massage establishments and any individual providing massage therapy services are required to have a license from the Texas Department of Licensing and Regulation (TDLR). Please note that a national certification such as the National Certification Board for Therapeutic Massage and Bodywork (NCBTMB) or a school diploma or other document is NOT a license to work in the State of Texas.

Texas massage therapists, establishments and massage school owners must have a license issued by TDLR. All massage therapists, establishment owners and massage school owners undergo a national fingerprint-based criminal history check. Previous convictions, nolo contendere or guilty pleas or deferred adjudications for sexual or human trafficking offenses will keep an applicant or license holder from receiving a license.

At the establishment The Texas Department of Licensing and Regulation Massage Therapy program has rules and guidelines to safeguard your health and well-being when you get a massage. TDLR performs inspections on massage establishments to ensure that facilities and massage therapists are appropriately licensed.

Be observant after you enter the establishment. Does it look clean? Are the linens and towels fresh? Is the massage oil kept in closed containers? If the establishment looks dirty, you should go somewhere else.

Look for the licenses for the establishment AND the massage therapist who will be providing your service. Both establishment and massage therapist licenses should be posted prominently near the front of the establishment.

As of Jan. 1, 2020, licensed massage therapists must attach their photo to the front of their license. If the manager and massage therapist can’t — or won’t — show you licenses, then go somewhere else.

Massage establishments may not allow nude or partially nude employees to provide massages or other massage services to clients. Sexual contact is not allowed in a licensed massage establishment. This includes physical contact, behavior, gestures, or comments that may reasonably be interpreted as inappropriate, seductive, or sexual.

Consultation document Before receiving any massage therapy services for the first time, you should be given a consultation document that will include information on: ● the type of massage therapy services or techniques you will be receiving during the massage therapy session; ● the parts of your body that will be massaged or the areas of your body that will be avoided during the session, including indications and contraindications; ● a statement that, if you are a female, the massage therapist shall not engage in breast massage without your written consent; ● a statement that draping will be used during the session, unless otherwise agreed to in writing by both you and the massage therapist; ● both your signature and the massage therapist’s.

As a client of massage therapy services, if you become uncomfortable for any reason, you may ask the massage therapist to end the session.

Check whether your massage establishment or massage therapist is licensed in Texas: https://www.tdlr.texas.gov/LicenseSearch/LicenseSearch.asp Report unlicensed activity or file a complaint: https://www.tdlr.texas.gov/complaints/

MASSAGE CONSUMER PROTECTION For For moremore information, please contact the the TDLRTDLR Office of Strategic Communication: media.inquiries@tdlr.texas. information, please contact Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

TDLR AAG FORM-201 June 2020

TEXAS DEPARTMENT OF LICENSING & REGULATION Help! I have mold (What is it?)

Mold is a type of fungus that is present everywhere in our natural environment. Mold spores, which are tiny microscopic ‘seeds,’ can be found anywhere, including inside homes, and are a part of the general dust found in homes. These spores can begin to grow on building materials and furnishings if they get wet or stay moist. If visible mold is allowed to grow unchecked, it will eventually damage what it is growing on, which may include both the building and personal belongings.

The key to preventing mold growth is preventing moisture problems by finding and stopping the source of moisture such as a plumbing or roof problem and then quickly fixing and drying any water leaks or spills that might occur. Common moisture problems include pipe leaks, roof leaks, floodwaters, sewage back-ups and over-flowing toilets/sinks/bathtubs.

Tenants should promptly notify their landlord when they find a moisture problem or mold growth. Any conversations should be followed up with a letter to the landlord to avoid misunderstandings. Sending such a letter by certified mail, return receipt requested, provides the best proof that it has been received. Keep a copy of the letter for future reference.

What can TDLR do?

TDLR regulates professionals who provide mold assessment and

remediation services in Texas to ensure that the public has access to mold assessors and remediators who are properly trained and licensed.

TDLR does not have regulatory authority to require inspection or testing for moisture or mold in homes, apartments or other buildings and cannot require a landlord or someone else to clean or remove mold.

MOLD REMEDIATION CONSUMER PROTECTION For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

Is mold testing necessary?

Generally, it’s not necessary to identify the species of mold growing in a residence, and the Centers for Disease Control (CDC) does not recommend routine sampling for molds. It’s more important to find the source of the moisture and eliminate it, otherwise the problem will return. When the moisture is eliminated, the mold will no longer grow and will die.

If you or your landlord choose to pay for testing before remediation work starts, the licensed mold assessment consultant who will do the assessment should establish criteria for interpreting the test results. When mold cleanup is necessary, the licensed mold assessment consultant will develop a protocol that the mold remediation contractor will follow. The protocol will specify the estimated quantities and locations of materials to be remediated, methods to be used and cleanup criteria that must be met.

My landlord won’t do anything about the mold. Who can help me?

Mold issues are typically governed by the lease agreement and treated like other maintenance matters where you would submit a written request to your landlord or property owner. Current Texas law does not require landlords or property owners to inspect for or clean mold.

TDLR cannot advise you on legal issues such as paying rent, requesting to be moved to another unit, breaking your lease, or preventing an eviction. Tenants are encouraged to work with their landlords and property owners to come to mutual agreement about how to deal with a mold situation.

Here are some resources: ● A tenant can try to file a complaint with the local city or county health department. You can find listings of Local Health Departments in Texas at: http://www.dshs.texas.gov/regions/lhds.shtm.

The results of mold samples taken in your unique situation cannot be interpreted without physical inspection of the contaminated area or without considering the building’s characteristics and the factors that led to the present condition.

● You could contact your City Building Official (Code Compliance). The building official may inspect the unit to determine if it is structurally sound. They may also, in some cases, enforce maintenance provisions of the building code.

TDLR recommends that people consult a health care provider if they are concerned about the effects of mold on their health.

What can I do about the mold?

● The Texas Office of the Attorney General (OAG) has advice for consumers here: www.oag.state.tx.us/consumer/tenants.shtml.

Tenants and landlords should try to work cooperatively to investigate and correct moisture problems and remove mold growth. If you can see mold or smell a musty odor, carefully inspect the home, paying special attention to hidden areas such as plumbing access areas, crawl spaces, behind mirrors and furniture, attics, closets and cupboards.

● For legal assistance, you may wish to contact the State Bar of Texas Lawyer Referral and Information Service: (800) 252-9690. ● Texas Apartment Association, Resources for Renters: http://www.taa.org/renterinfo.

Mold growth should be cleaned from non-porous surfaces such as concrete, metal, glass, tile, and solid wood. Mold growth is difficult to clean from absorbent (porous) surfaces such as drywall, carpet, fleecy furnishings and insulation, so these kinds of moldy materials should be removed and discarded.

Merely applying a chemical such as bleach to drywall, without removing the mold source, is not a permanent effective solution. Painting over mold is also not an effective solution.

● Texas Tenant Advisor: http://texastenant.org/ ● TDLR consumer mold information sheet: https:www.tdlr.texas.gov/mld/pdf/CMIS.pdf

Links

Personal belongings can be kept if there is no mold growth on them. These items may need a deep cleaning to remove mold particles (spores) that have settled in the fabric.

MOLD STATUTE AND RULES: https://www.tdlr.texas.gov/mld/mld.htm LICENSED TEXAS MOLD ASSESSORS AND REMEDIATORS: https://www.tdlr.texas.gov/LicenseSearch/LicenseSearch.asp

Who can do this work?

FILE A COMPLAINT REGARDING MOLD LICENSEES, OR REPORT UNLICENSED ACTIVITIES: https://www.tdlr.texas.gov/complaints/

TDLR licenses people and companies who inspect and test for mold in buildings (mold assessment), and those who clean and remove mold (mold remediation).

Be sure to confirm that the professionals you’re hiring are licensed by TDLR to perform this service.

U.S. CENTERS FOR DISEASE CONTROL (CDC) INFORMATION ABOUT MOLDS: http://www.cdc.gov/mold/faqs.htm

In most instances, areas of visible mold less than 25 contiguous square feet in area may be cleaned or removed by people who are not licensed. ●

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Owners or managers of buildings with fewer than 10 dwelling units do not have to be licensed to perform mold assessment or mold remediation on a residential property. This exemption applies regardless of the total surface area within the residential property that is affected by mold growth.

Mold prevention tips ●

The remediation of 25 contiguous square feet or more of visible mold in residential properties with 10 or more units must be conducted by a licensed Mold Remediator. Small areas of mold growth (less than 25 contiguous square feet) can be cleaned/removed by an owner or by maintenance staff.

Use a towel or squeegee to dry off wet surfaces after bathing. Bathtub or showers corners and joints, including tile crevices, are more susceptible to mold growth, so be sure to dry off those surfaces.

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Keep humidity levels as low as you can — no higher than 50% — all day long. An air conditioner or dehumidifier will help you keep the level low.

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Use air conditioner or a dehumidifier during humid months.

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Clean bathroom with mold-killing products.

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Do not carpet bathrooms.

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Quickly clean up and dry any liquids that might get on carpets. (If carpets stay wet, notify the landlord).

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Ensure good air movement in your home: open windows when possible.

TEXAS DEPARTMENT OF LICENSING & REGULATION

I’m going to get my nails done!

The Texas Department of Licensing and Regulation Cosmetology program has rules and guidelines to safeguard your health and well-being when you get a manicure or pedicure. These rules will prevent cuts, burns, infections, and the transmission of contagious diseases — some of which can have serious health consequences.

In Texas, all cosmetology salons and service providers are required to have a TDLR license or specialty certificate.

Before you go for your appointment, make sure you don’t have any open wounds on your hands if you’re getting a manicure or cuts or rashes on your legs if you’re planning to get a pedicure. A salon should not provide services if you have inflamed, broken skin or inflamed nails because bacteria can more easily gain access to your body through small cuts and cause an infection. You also shouldn’t shave your legs that day because it’s possible there are small cuts you can’t see.

What do I look for at the salon?

Cleanliness is important. Take a look around when you enter the salon. Is it clean? Are trash cans emptied? Can you see nail clippings that haven’t been cleaned up from previous clients? Is there a strong chemical smell? If the salon looks dirty or there’s a strong chemical smell, you should go to another salon.

Next, look for the licenses for the salon AND the technician who will be working on your nails. The technician license should include a photo of the technician. Both salon and technician licenses should be posted prominently near the front of the shop. If the salon operator and technician can’t — or won’t — show you licenses, then go to another salon. The same thing applies to the cleaning logs. Ask to see them.

COSMETOLOGY CONSUMER PROTECTION For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

Cleanliness is important Don’t be shy — ask questions about how the salon sterilizes and cleans the items they’ll use when doing your nails. Ask to see the salon’s cleaning logs. If you don’t feel comfortable with the answers, you should go to another salon. ● Salons must keep a cleaning and disinfecting record for at least 60 days, and they can be cited for a violation for not making the cleaning record available upon request to a client or TDLR inspector. ● Each client must receive new or clean cloth towels, finger bowls or spatulas that contact the skin or skin products from multi-use containers. ● Manicure or pedicure tools that can’t be sterilized must be disinfected for each client. ● Any buffer blocks or porous nail files that are exposed to broken skin or unhealthy skin or nails should be thrown away. ● Electric drill bits must be cleaned after each use. ● Spas or foot basins must be drained, cleaned and disinfected after each client. ● If the salon uses disposable spa liners and portable whirlpool jets, they must drain the water, throw away the liner and clean the portable whirlpool jet. ● Each spa chair must be cleaned or disinfected after service is provided to a client.

Complaints

When the manicure or pedicure begins, the technician should clean each area of the body that will be receiving treatment.

Technicians are not allowed to use any product, preparation or procedure that penetrates the skin layer. They also cannot use a styptic pencil or a razor-type callus shaver (i.e., Credo Blade) that is designed and intended to cut growths of skin such as corns and calluses.

Would you feel more comfortable bringing your own tools? You’re absolutely allowed to do that. Just let your technician know that you’d prefer that they use your own items. Be sure you clean and sterilize them before your next visit.

Uh oh. I think I may have developed an infection after my visit.

If you develop redness or swelling in or near the nail bed after a manicure or pedicure, you should seek immediate medical attention. Don’t put off seeing a doctor; some infections can be serious. If you think the infection happened because of conditions at the salon where you had your manicure or pedicure, you can file a complaint with TDLR, and we will investigate.

TO REPORT COMPLAINTS, CONTACT: TEXAS DEPARTMENT OF LICENSING & REGULATION | P.O. BOX 12157 | AUSTIN, TEXAS 78711 (800) 803-9202 | www.tdlr.texas.gov/complaints

TEXAS DEPARTMENT OF LICENSING & REGULATION

What to do if you’re about to be towed: ● Your safety is imperative at all times. DO NOT ATTEMPT TO PHYSICALLY STOP A TOW, even if the tow operator is refusing to drop the vehicle when he should. LET THE CAR GO — and file a complaint with TDLR. Your life is more important than your car. See the next page for important information on how to file a complaint. ● If you return to your car and it’s getting hooked up to a tow truck but IS NOT FULLY hooked up and ready for towing, you can keep your car WITHOUT paying a CHARGE. You do not need to prove ownership of the car. ● If you return to your car and IT IS FULLY HOOKED UP, READY FOR TOWING, BUT HAS NOT LEFT THE PARKING LOT, you may keep your car but YOU MUST PAY A DROP FEE. You do not need to prove ownership of the car. A tow truck driver MUST ACCEPT CASH, CREDIT CARDS AND DEBIT CARDS as payment for the drop charge. ● Please note that the information in this handout does not apply to tows initiated by law enforcement.

I got towed! What do I do next?

There should be a sign at the parking lot that gives you a phone number that must be answered 24 hours a day, so you can find out the location of your vehicle.

Before you go to the VSF, collect the items you will need to claim your vehicle:

You have the right to claim or get access to your vehicle 24 hours a day and within one hour if the vehicle storage facility (VSF) accepts vehicles 24 hours a day. If the VSF does not accept vehicles 24 hours a day, you have the right to claim or get access to your vehicle between 8 a.m. and midnight Monday through Saturday and 8 a.m. to 5 p.m. on Sundays, except for nationally recognized holidays. VSFs with these hours are not required to release a vehicle after midnight.

● a valid state or federally-issued photo ID card; and

● payment (cash, debit card or credit card); ● one document that shows ownership or possession of the car. These documents could include: your car insurance card or policy; name and address information that matches the information on the Motor Vehicle Registration obtained through TxDMV; or a current automobile lease or rental agreement in the name of the person picking up the vehicle or a person holding a power of attorney of the person named on the lease agreement. (for a more detailed list, please see https://www.tdlr. texas.gov/towing/consumerinfo.htm) Now you can go to the VSF to claim your vehicle. At the VSF, you have the right to access your vehicle to get ownership documents and recover personal property without paying a fee.

You’ll need to pay all fees for towing and storage at the VSF before they will release your vehicle.

The VSF must make reasonable efforts for storing your vehicle, such as locking doors, rolling up windows, and Appendix A: VSF Sign Samples closing hatchbacks, sunroofs, trunks, hoods, Additionaldoors, Signage continued or Each convertible tops.

These included in email the Vehicle Storage Facility (VSF) shall notify theactions vehicle owner ofare the Department’s website and address, mailing address, and telephone number, for purposes of directing complaints regarding the vehicle storage storage to fee. the department. The licensee may use a legible sticker or rubber stamp to convey the required

information required by subsection (a). The notice shall be included on: (1) a sign prominently displayed to the public at the place of payment, with letters at least one inch in height, and a contrasting background; and (2) the front page of any bill for service.

COMPLAINTS TO REPORT COMPLAINTS, CONTACT: TEXAS DEPARTMENT OF LICENSING & REGULATION P.O. BOX 12157 AUSTIN, TEXAS 78711 (800) 803-9202 WWW.TDLR.TEXAS.GOV/complaints enforcement@tdlr.texas.gov

TOWING CONSUMER PROTECTION For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

Fees for Private Property Tows*

Amount

Tow Charge, car weighing up to 10,000 lbs.

$255 (max)

Tow Charge, car weighing between 10,001 and 24,999 lbs)

$357 (max)

Tow Charge, car weighing 25,000 lbs or more)

$459 per unit; $918 max

Daily Storage fee (car length 25 feet or less)

$20 per day

Daily Storage fee (car length more than 25 feet)

$35 per day

Notification fee

Up to $50; if cost of publication is more than 50% of the fee, can charge the difference

Impoundment fee

Not to exceed $20; must specify exact services performed to the fee and dates when services were provided

Governmental or Law Enforcement fees

May vary

Additional fees

None other than those listed above

* Private property non-consent towing fees may not exceed these amounts.

I’m thinking about not claiming my car

Please note that TDLR does not have jurisdiction over the storage of repossessed vehicles.

If you do not claim your vehicle, it will be considered abandoned 10 days after the date the first notice is sent to the owner and lienholder. Once abandoned, law enforcement can claim the vehicle under Chapter 683 of the Texas Transportation Code. The VSF may sell the vehicle at a public sale starting 30 days after the date the second notice is mailed.

Please remember that this document is a summary of the laws and administrative rules and is not a complete description of your rights or the requirements for license holders.

Your rights if you’ve been towed If you think your vehicle should not have been towed, or if you were charged more than the allowed fee, you can request a tow hearing at any Justice of the Peace court in the county where your vehicle was towed. You must request a court hearing before the 14th day after the vehicle was removed and placed in a VSF. The court can charge you $20 for the hearing, which must be held within 21 calendar days of the court receiving your request.

Your tow hearing request must contain this information: ● your name, address, and telephone number of the owner or operator of the vehicle; ● where the vehicle was towed from; ● the date your vehicle was towed; ● the name, address, and telephone number of the person or law enforcement agency that authorized the tow;

● the name, address, and telephone number of the vehicle storage facility where your vehicle was towed; ● the name, address, and telephone number of the towing company that towed the vehicle; ● a copy of any receipt or notification that you received from the towing company or the VSF; and ● one or more photographs that show where the vehicle was towed from, plus the text of any sign posted at the parking facility that states that parking is restricted. If there wasn’t a sign restricting parking posted at the parking facility, then you need to include a note saying that.

In addition to requesting a court hearing, you can also file a complaint online with TDLR. https://www.tdlr.texas.gov/Complaints/

You DO NOT have the right to:

● Remove or dismantle any part attached to the vehicle while it is at the VSF. ● Retrieve your vehicle from the VSF without paying the towing, storage or other allowed fees. ● Retrieve your vehicle from the VSF without demonstrating that you are the owner or authorized user of the vehicle. ● Obtain your vehicle after it has been removed from the parking facility but before it has been placed in a VSF.

TEXAS DEPARTMENT OF LICENSING & REGULATION

Why Should I Worry About Abandoned Water Wells?

Abandoned or deteriorated water wells can contaminate groundwater by providing a direct conduit for chemicals and other surface contaminants, such as animal waste and pesticides, to directly enter aquifers. Uncapped wells also present a physical danger to animals and humans who can be severely injured or killed when they fall partially or completely into the well.

Texas has an estimated 150,000 abandoned or deteriorated water wells statewide that may pose safety hazards and contributing to groundwater pollution.

What is an “abandoned” or “deteriorated” well?

According to Texas law, a water well is “abandoned” when it is not in use.

A “deteriorated” well is a well that is causing or likely to cause pollution of any water in the state, including groundwater.

Under Section 1901.255 of the Texas Occupations Code, abandoned or deteriorated wells must be plugged or brought into compliance within 180 days of a landowner learning that they have an abandoned or deteriorated well on their property.

I just bought some property.

How do I know if there’s an abandoned well on my property?

Landowners who aren’t sure whether there are abandoned water wells on their property should look for plastic, steel, brick or concrete casing (pipe) that extends above ground, or for a hole in the ground with no apparent bottom. Some abandoned wells have concrete or brick casing extending above ground or a windmill with missing blades.

I own a water well.

What are my responsibilities?

Landowners are responsible for abandoned or deteriorated water wells on their property.

If a well needs to be plugged, owners can plug the well themselves (in compliance with Title 16, Texas Administrative Code, Section 76.104) or hire a licensed well driller or licensed pump installer to plug the well.

Either must be licensed by TDLR. If you choose to plug the well yourself, you’re also required to plug the well in accordance with TDLR’s well plugging specifications (https:// www.tdlr.texas.gov/wwd/wwdspecs.htm) and submit a State of Texas Plugging Report to TDLR within 30 days from the date the well was plugged.

I’ve got an operational water well on my property.

Is there anything I need to do?

To avoid problems in the future, install a locking well cap or sanitary well seal – not just a cover over the well – to prevent unauthorized use or entry into the well. Septic systems should be pumped and inspected as often as recommended by the local health department. Take care when mowing or working near the well.

I found an abandoned water well.

Now what?

If you know the location of an abandoned or deteriorated well, report it here: https://www.tdlr.texas.gov/abwells/default.aspx. When filing the report, please include any photos or video of the well, if possible.

WATER WELL DRILLING & PUMP INSTALLATION CONSUMER PROTECTION For more information, please contact the TDLR Office of Strategic Communication: media.inquiries@tdlr.texas.gov.

TEXAS DEPARTMENT OF LICENSING & REGULATION Resources: ● Helpful guide to plugging wells: https://www.tceq.texas.gov/ assets/public/comm_exec/pubs/rg/rg-347.pdf ● Check whether a water well driller or pump installer is licensed: https://www.tdlr.texas.gov/LicenseSearch/. ● Water Well Drillers Law, Plugging Water Well: Texas Occupations Code, Section 1901.255. ● Water Well Drillers and Pump Installers Administrative Rules, Technical Requirements – Standards for Capping and Plugging of Wells and Plugging Wells that Penetrate Injurious Water Zones: Title 16, Texas Administrative Code, Section 76.104.

TDLR AAG FORM-202 Oct. 2020

Serving Small Business and Consumers Since 1909