TDLR - Agency At A Glance

TEXAS DEPARTMENT OF LICENSING & REGULATION HELPING SMALL BUSINESS AND CONSUMERS SINCE 1909

TEXAS DEPARTMENT OF LICENSING & REGULATION AGENCY AT A GLANCE Agency Information: Pages 2-6 Agency Initiatives: Pages 7-10 Regulated Industries: Pages 11-81

Agency Overview

Industrialized Housing and Buildings

License Totals List - FY 2018

Laser Hair Removal

Criminal History Evaluation

Licensed Breeders

Removing Barriers for Out-Of-State Licensees

Massage Therapy

Human Trafficking Response

Midwives

TDLR Military Outreach

Mold Assessors and Remediators

Air Conditioning and Refrigeration Contractors

Offender Education Programs

Elimination of Architectural Barriers

Orthotists and Prosthetists

Athletic Trainers

Podiatry

Auctioneers

Polygraph Examiners

Barbering

Professional Employer Organizations

Behavior Analysts

Property Tax Consultants

Boiler Safety

Property Tax Professionals

Continuing Education Providers

Sanitarians

Code Enforcement Officers

Service Contract Providers

Combative Sports

Speech-Language Pathologists and Audiologists

Cosmetologists

Tow Trucks and Operators

Dietitians

Vehicle Storage Facilities

Driver Education and Safety

Transportation Network Companies

Dyslexia Therapy

Used Auto Parts Recyclers

Electricians

Water Well Drillers and Pump Installers

Elevator / Escalator Safety

Weather Modification

Hearing Instrument Fitters and Dispensers

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

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 Programs Regulated: 39 License Types: 219

Number of Licensees: 803,000

Overview: The Texas Department of Licensing and Regulation (TDLR) provides oversight for a broad range of occupations, businesses, facilities, and equipment. We protect the health and safety of Texans and ensure they are served by qualified professionals. We foster a predictable regulatory climate by minimizing government interference.

TDLR’s range of responsibilities continues to expand, from 24 programs in 2015 to 39 programs in 2018. During that same period, TDLR’s licensee population grew from more than 652,000 individuals and businesses to more than 800,000 today.

In 2015, Senate Bill 202 transferred 13 Department of State Health Services (DSHS) licensing programs to TDLR — seven in the 2016-17 biennium and six in the 2018-19 biennium. ● House Bill 1786 transferred the Texas Education Agency driver training program and the Texas Department of Public Safety parent-taught driver education program to TDLR on September 1, 2015. These two separate programs were successfully consolidated at TDLR as the Driver Education and Safety Program. ● In 2017, licensing and regulation of the practice of Podiatry transferred to TDLR from the Texas State Board of Podiatric Medical Examiners, with the passage of House Bill 3078 (85th Legislature). ● The 85th Legislature also created two new licensing programs at TDLR, Behavior Analysts and Transportation Network Companies. ● The 85th Legislature abolished three licensing programs that we recommended for deregulation in our previous strategic plan: Vehicle Protection Product Warrantors and Temporary Common Worker Employers, which were both successfully deregulated on September 1, 2017, and For-Profit Legal Service Contracts, which is to be deregulated on September 1, 2019. Several low-population license types and unnecessary regulations were also eliminated including booting companies and operators, eyebrow threading, and shampooing.

Programs Regulated (39 in FY 2018) Air Conditioning/Refrigeration Architectural Barriers Athletic Trainers Auctioneers Automotive Parts Recyclers Barbers Behavior Analysts Boiler Safety Code Enforcement Officers Combative Sports Continuing Education Providers Costmetology Dietitians Driver Education and Safety Dyslexia Therapy Electricians Elevators Hearing Instrument Fitters Industrialized Housing Laser Hair Removal Licensed Breeders Legal Service Contracts Massage Therapy Midwives Mold Assessors and Remediators Offender Education Programs Orthotists and Prosthetists Podiatric Medicine Polygraph Examiners Professional Employer Organization Property Tax Consultants Property Tax Professionals Sanitarians Service Contract Providers Speech-Language Pathologists & Audiologists Towing/Vehicle Storage Facilities Transportation Network Providers Water Well Drillers & Pump Installers Weather Modification Services

47,589 25,770 3,922 2,439 3,394 31,233 1,398 53,236 2,571 2,767 2,359 307,610 5,965 3,817 938 152,534 44,004 858 875 3,357 162 10,875 34,540 294 5,789 4,077 912 1,633 274 408 1,813 3,607 1,336 380 24,319 29,680 9 2,256 13

TDLR AT A GLANCE The Texas Commission on Licensing and Regulation has 7 members serving 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 and include representatives from regulated businesses and industries, as well as public members 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. 2018

TEXAS DEPARTMENT OF LICENSING & REGULATION Program

Individual Licenses

Business Licenses *

Total Population

Cosmetologists

259,478

48,132

307,610

Electricians

141,116

11,418

152,534

268

52,968

53,236

47,589

N/A

47,589

159

43,845

44,004

Massage Therapy

31,913

2,627

34,540

Barbers

21,566

9,667

31,233

Towing

14,109

15,571

29,680

535

25,235

25,770

Speech-Language Pathologists & Audiologists

24,319

N/A

24,319

For-Profit Legal Service Contracts

Boilers Air Conditioning and Refrigeration Contractors Elevators, Escalators & Related Equipment

Architectural Barriers

10,859

16

10,875

Dietitians

5,965

N/A

5,965

Mold Assessors & Remediators

5,324

465

5,789

Vehicle Storage Facilities

2,970

1,804

4,774

Offender Education Programs

3,089

988

4,077

Athletic Trainers

3,922

N/A

3,922

Driver Education and Safety

2,874

943

3,817

Property Tax Professionals

3,607

N/A

3,607

Used Automotive Parts Recyclers

2,612

782

3,394

Laser Hair Removal

3,138

219

3,357

Combative Sports

2,710

57

2,767

Code Enforcement Officers

2,571

N/A

2,571

Auctioneers

2,439

N/A

2,439

Continuing Education Providers

2,359

N/A

2,359

Water Well Drillers and Pump Installers

2,256

N/A

2,256

Property Tax Consultants

1,813

N/A

1,813

Podiatric Medicine

1,633

N/A

1,633

Behavior Analysts

1,398

N/A

1,398

Sanitarians

1,336

N/A

1,336

Dyslexia Practitioners & Therapists

938

N/A

938

Orthotists & Prosthetists

641

271

912

53

822

875

Hearing Instrument Fitters & Dispensers

834

24

858

Professional Employer Organizations

N/A

408

408

Service Contract Providers

N/A

380

380

Midwives

290

4

294

Polygraph Examiners

274

N/A

274

Licensed Breeders

N/A

162

162

Weather Modification

N/A

13

13

Transportation Network Companies

N/A

9

9

604,598

219,189

823,787

604,598

219,189

823,787

Industrialized Housing and Buildings

Total

Total number of licenses (as of FY18):

* includes facilities or equipment

Individual licenses

Business licenses

Source: Licensing Performance Measures, 4TH Quarter FY 2018 \\manager\Licensing\Performance Measures\FY 18

Total population

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

Overview: TDLR regulates 39 licensing programs and issues more than 800,000 licenses a year for qualified people, businesses, and equipment. More than 600,000 of these TDLR licenses are held by individuals.

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.

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 ●● Professional Employer Organizations ●● Speech-Language Pathologists and Audiologists ●● Podiatry

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.

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.

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.

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.

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

CRIMINAL HISTORY EVALUATION AT A GLANCE 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.

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.

TDLR AAG FORM-042 Jan. 2019

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.

Sec. 51.4041. ALTERNATIVE QUALIFICATIONS FOR LICENSE. (a) The commission, department, or executive director may adopt alternative means of determining or verifying a person’s eligibility for a license issued by 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-of-state individuals who want to live and work in Texas.

the department, including evaluating the person’s education, training, experience, and military service. (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 (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.

S ee 51.4041(b)(1), Occupations Code.

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

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 Master Electrician ● Louisiana ● North Carolina

Journeyman Electrician ● Arkansas ● Idaho ● Montana ● Nebraska ● New Mexico ● Oklahoma ● South Dakota ● Wyoming

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

TDLR AAG FORM-019 Nov. 2018

TEXAS DEPARTMENT OF LICENSING & REGULATION TDLR HUMAN TRAFFICKING RESPONSE AT A GLANCE

Human trafficking is modern-day slavery. It is the exploitation of men, women, and children for forced labor or sex by a third party for profit.

TDLR Enforcement in Regulated Programs TDLR is aligned with initiatives by the Office of the Governor and the Office of the Attorney General to end human trafficking in Texas.

TDLR created a full-time position in 2018, designating a Strategic Response Coordinator charged with educating staff and coordinating efforts among TDLR staff and other governmental agencies, and law enforcement. Here’s what the agency is doing: ●● Conducting periodic, unannounced inspections of massage establishments and cosmetology salons ●● Cooperating with local, state and federal law enforcement agencies by providing information about possible human trafficking situations ●● Investigating violations of the Texas Occupations Code and Administrative Rules ●● Training all employees to spot potential signs of human trafficking ●● Creation and distribution of human trafficking awareness signs for cosmetology facilities, as currently required by state law ●● Providing specialized training for all field personnel who may encounter human trafficking

Massage Therapy Illicit massage businesses are believed to be second to escort services in the prevalence of human trafficking. Clients, students, license holders and employees are prohibited from engaging in sexual contact in a massage establishment. “Sexual contact” includes any touching of any part of the genitalia or anus; any touching of a female’s breasts without her written consent; kissing without the consent of both persons; deviate sexual intercourse, sexual contact, sexual intercourse, indecent exposure, sexual assault, prostitution, and promotions of prostitution as described in Chapters 21, 22, and 43 of the Texas Penal Code, or any offer or agreement to engage in such activities; any behavior, gesture, or expression that may reasonably be interpreted as inappropriately seductive or sexual; or inappropriate sexual comments about or to a client, including sexual comments about a person’s body.

License holders, students and employees are prohibited from practicing massage therapy in the nude or in clothing designed to gratify or arouse sexual desire in an individual.

When someone applies to be a massage therapist or to own a massage therapy establishment, TDLR examines their criminal history to see if the applicant 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, or Subchapter A, Chapter 43, Penal Code, or another sexual offense. TDLR also performs these checks when an applicant files a renewal application.

TDLR staff search 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 perform unscheduled inspections at massage establishments 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/

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

TDLR HUMAN TRAFFICKING RESPONSE AT A GLANCE Here are some ways you can verify that a massage facility is in compliance with rules and laws: ●● Verify that service providers and establishments hold the required license, which should be in public view. You can check therapist and establishment licenses online, before you visit an establishment: https://vo.licensing.tdlr.texas.gov/datamart/ selSearchTypeTXRAS.do?from=loginPage ●● Massage therapists must have clients complete an initial consultation document detailing the massage technique, areas of treatment and other conditions of the massage. A therapist who does not complete this paperwork with a client is not in compliance. ●● Look around: are the front windows covered up? Are there an excessive number of security cameras at the location? Is the establishment open during normal business hours, or are they open really late? Are the customers mostly male? ●● Once you’re inside, does it look clean? Are the linens and towels fresh? Does it look like people are living on the premises, with beds? Do you observe extra shoes, clothing, toiletries and food? ●● Are the prices below industry standard for your area? If the prices are really low, it’s possible that the people doing the massages are being trafficked. Are extra tips required? Are tips required to be paid in cash?

To make a complaint against a massage establishment – licensed or unlicensed – go here: https://www.tdlr.texas.gov/complaints/. TDLR urges people to file complaints if they are aware of any issues.

Cosmetology Industry-specific potential human trafficking indicators: ●● Prices below industry standard ●● Person may have little ability to speak English ●● The presence of one dominating person at the facility who speaks on behalf of the workers and gives directives ●● Person is using a TDLR license that does not match their personally identifying information ●● Person appears to be poorly trained or unsure of their job function ●● Person does not control their identifying documentation (passport, driver’s license etc.) ●● Person works long hours or many days a week ●● Person lives where they work or in a location determined by their employer ●● Person lives with coworkers and pays rent to their employer ●● Person is not free to come and go as he/she pleases

TDLR inspectors perform unscheduled inspections at cosmetology establishments every two 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.

Labor trafficking and exploitation can happen in any industry. According to the Polaris Project, labor trafficking is known to occur in nail salons, hair salons and health spas. Though 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.

HUMAN TRAFFICKING RED FLAGS

Human Trafficking is modern-day slavery. It is the exploitation of men, women, and children for forced labor or sex by a third party for profit or gain.

RED FLAGS FOR SEX TRAFFICKING: 2 Visible injuries: bruising, swelling, redness. Failure to make eye contact 2 Overtly sexual online profile and sexually provocative pictures on the phone or online accounts 2 Gang signs and/or affiliation, branding and tattoos, new high-end clothing 2 Third-party control of identity documents; unable to make independent decisions 2 Hotel keys, rolls of cash, multiple phones or refillable gift and credit cards 2 Sexually provocative clothing inappropriate for weather or situation 2 Claim of boyfriend or girlfriend relationship with an older individual

RED FLAGS FOR LABOR TRAFFICKING: 2 Not free to come and go as the person wishes, working excessively long hours 2 Living where they work or in large groups; unpaid or paid very little/paid by tips 2 Transported to and from work by their employer; paying off debt to employer 2 Identification and documents held by a third party 2 Not allowed or able to speak for themselves; cameras in the work/living space 2 Fearful of authorities and provides scripted answers to questions 2 Food, hygiene and living spaces provided by the employer

Provided by Texas Department of Licensing & Regulation

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TDLR Form HT0007 December 2018

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TDLR AAG FORM-039 Jan. 2019

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

TDLR is committed to assisting members of the military and their families 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.

For Members of the Military TDLR has identified 15 license types that have a related Military Occupational Specialty (MOS) code that could help an applicant obtain a license: ● ACR Contractor and ACR Certified Technician ● Class A Barber ● Master, Journeyman, Journeyman Wireman, Maintenance Electrician, and Residential Wireman ● Mold Assessment Consultant and Mold Remediation Contractor ● Polygraph Examiner ● Registered Accessibility Specialist ● Sanitarian ● Well Driller and Water Well Pump Installer TDLR expedites processing of the initial license application for these 15 license types and waives certain initial license application fees based on a qualifying MOS and length of military service. Applicants may receive credit for verified military experience, service, training, or education towards licensing requirements.

For Licensees Who Are Members of the Military TDLR will: ● waive late renewal penalties and grant extensions to active duty personnel for continuing education and late renewal deadlines. ● offer occupational examinations for military personnel who are overseas If a licensee is an active member of the military and has a license that expired while they were on active duty, TDLR will exempt the licensee from paying any late renewal fee. Licensees are only required to pay the standard renewal fee for that license type.

To renew a TDLR license that expired while on active duty, submit the appropriate form, pay the renewal fee and provide a copy of the DD214 (if no longer on active duty) or a copy of the current active duty orders or Permanent Change of Station (PCS) orders.

Licensees on active duty must complete any continuing education requirements within two years after discharge from the last period of active duty service.

For Military Spouses 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 jurisdiction 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.

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 jurisdiction (also known as reciprocity).

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

TDLR AAG FORM-040 Jan. 2019

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

Statutes: Chapter 1302, Occupations Code Rules: Title 16 T.A.C. Chapter 75 Practice Act? Yes Title Act? Yes

Contractors

A person who offers to provide air conditioning and refrigeration (ACR) contracting services 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.

An ACR Contracting Company must employ a license holder who holds an appropriate license assigned to that company in each permanent location. If the company doesn’t employ a license holder as required at the time a contract for ACR services is signed, it cannot collect a fee or enforce the contract.

Number of Licenses: 47,589

Licenses

Fees

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

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

Technicians

Anyone working as an ACR technician must be registered or certified

by TDLR. Students who are in a certification training program and are younger than 18 years of age or are enrolled at a secondary school are not required to be certified or registered. An air conditioning and refrigeration technician must be supervised by an air conditioning and refrigeration contractor licensed by TDLR.

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 To obtain an ACR technician registration you must: tons and under, and heating systems of 1.5 million BTUs/hour ●●be at least 18 years old. and under. ●●pass a criminal background check ●●submit a $20 application fee To obtain an ACR contractor license you must: Note: an applicant for a technician registration is not required to have ●●be at least 18 years old practical experience or to take an examination to obtain the registration. ●●have at least 48 months of practical experience in air conditioning and refrigeration work under the supervision of a licensed air conditioning and refrigeration contractor within the To obtain an ACR technician certification you must: ●●be at least 18 years old; past 72 months OR have held a Texas ACR technician certificate ●●have completed a certification training program in the preceding for the preceding 12 months and have at least 36 months of 48 months; or practical experience in ACR-related work under the supervision ● ● have completed 24 months of air conditioning and refrigerationof a licensed ACR contractor in the preceding 48 months. related work: ●●submit completed application •• under the supervision of a licensed air conditioning and ●●submit $115 application fee refrigeration contractor; or ●●pass the required TDLR competency exam •• as part of the applicant’s military occupational specialty After the application is approved and the exam is passed, the within the armed forces of the United States; contractor must either: ● ● submit $60 application fee; and ●●send TDLR a waiver that indicates they will not be performing ●●pass the required TDLR competency examination. public contracting; or ●●send TDLR a certificate of insurance in order to perform public ACR technician registrations or certifications are good for one year. contracting.

Contractor licenses are good for one year. Licenses are not transferable.

For information on exam content, fees, requirements, and procedures, please 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 Oct. 2018

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: 25,770

Inspections? No Overview: The Elimination of Architectural Barriers law is meant to ensure that the construction or alteration of buildings and accommodations in Texas are accessible and functional for persons with disabilities, including non-ambulatory and semiambulatory disabilities, sight disabilities, hearing disabilities, disabilities of coordination, and aging. The statute requires compliance with the Texas Accessibility Standards.

The law is intended to further the state’s policy to encourage and promote 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 for subject facilities with total estimated costs of $50,000 or more are required to be registered with TDLR. A full set of construction documents must be given to a Registered Accessibility Specialist in accordance with Administrative Rule 68.20 and 68.50.

If a project’s total estimated cost is less than $50,000, the project is not required to submit the project to TDLR for registration and review; however, the project is still required to comply with Texas Accessibility Standards.

For determinations of whether a facility is subject to the Architectural Barriers Act, 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 technical information specialist by calling toll free at (877) 278-0999 or by sending your inquiry via e-mail to techinfo.ab@tdlr.texas.gov

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 January 1, 1970.

Enforcement 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 program: January 1970 — Public buildings (libraries, schools, City Hall, the State Capitol, etc.) had to be accessible (publicly owned January 1972 — State leased offices had to be accessible January 1992 — Privately owned public accommodations (stores, theatres, service shops, recreation facilities, hotels, etc.) had to be accessible September 1993 — Facilities affecting commerce (warehouses, factories, etc.) had to be accessible

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.

This person will be hired by an 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.

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.

TDLR AAG FORM-024 Dec. 2018

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: 3,922

Inspections? No Overview: Athletic trainers provide a form of health care that includes preventing, recognizing, assessing, managing, treating, disposing of, 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; •• 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, and modality usage.

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.

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 Dec. 2018

TEXAS DEPARTMENT OF LICENSING & REGULATION AUCTIONEERS AT A GLANCE Statutes: Chapter 1802, Occupations Code Rules: Title 16 T.A.C. Chapter 67

Inspections? No Number of Licensees: 2,439

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 the individual is at least 18 years of age and is 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 the laws of this state 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; ●●have not been convicted of a felony during the five years preceding the date of application; 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 the individual is: ●●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 Auctioneer Education and Recovery Fund is established by the State of Texas and 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 license holder is required by law to pay an additional $50 fee at their next license renewal (or a pro rata share of the amount necessary 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.

For 2018, the fund balance on December 31, 2017 was $321,709.98, requiring TDLR to assess the additional $50 fee for each renewal in 2018.

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.

TEXAS DEPARTMENT OF LICENSING & REGULATION BARBERING AT A GLANCE

Statutes: Chapters 1601, 1603, Occupations Code Rules: Title 16 T.A.C. Chapter 82 Practice Act? Yes Title Act? Yes Inspections? Yes Facilities? Yes Equipment? Yes Individuals? Yes Number of licensees: 31,233 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, 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 for which a charge is directly or indirectly made separately from a charge for any other License Types service; ●● cleansing, stimulating, or massaging a person’s scalp, Class A Barber Certificate face, neck, arms, or shoulders by hand or by using a Barber Instructor License device, apparatus, or appliance; and with or without the use of any cosmetic preparation, antiseptic, tonic, Specialty License: Barber Technician lotion, or cream; Specialty Instructor License: Barber ●● beautifying a person’s face, neck, arms, or shoulders using a cosmetic preparation, antiseptic, tonic, lotion, Specialty Certificate of Registration – Hair Weaving powder, oil, clay, cream, or appliance; Barbershop Permit ●● treating a person’s nails by cutting, trimming, polishing, tinting, coloring, cleansing, manicuring, or Mini-Barbershop Permit pedicuring; or attaching false nails; Specialty Shop Permit ●● massaging, cleansing, treating, or beautifying a person’s hands; Dual Shop License ●● administering facial treatments; Mini-Dual Shop Permit ●● weaving a person’s hair by using any method to attach commercial hair to a person’s hair or scalp; or Mobile Shop License ●● servicing in any manner a person’s wig, toupee, or Booth Rental Permit artificial hairpiece on a person’s head or on a block after the initial retail sale.

Barber School Permit To be eligible for a Class A Barber Certificate, you must: ● be at least 16 years old; ● pass the applicable examination; ● pay the required fee; and ● have completed 1,500 hours of instruction in a licensed barber school.

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

If you hold an active cosmetology operator license, you can obtain a Class A Barber license by completing 300 hours of instruction in barbering in a licensed barber school, pass the examination and pay the required fees.

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: 1,500 hours (1,000 high school) ● 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 ● Barber Manicure Specialty License: 600 hours ● Barber 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 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 Jan. 2019

TEXAS DEPARTMENT OF LICENSING & REGULATION BEHAVIOR ANALYSTS AT A GLANCE Statutes: Chapter 506, Occupations Code Rules: Title 16 T.A.C. Chapter 121 Inspections? No Number of Licensees: 1,398 (FY 2018)

Overview: The practice of applied behavior analysis is the design, implementation, and evaluation of instructional and environmental modifications to produce socially significant improvements in human behavior. This includes the empirical identification of functional relations between behavior and environmental factors, known as functional assessment or functional analysis.

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.

The practice of applied behavior analysis does not include psychological testing, psychotherapy, cognitive therapy, psychoanalysis, hypnotherapy, or counseling as treatment modalities; or the diagnosis of disorders.

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

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 licensee 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).

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 Dec. 2018

TEXAS DEPARTMENT OF LICENSING & REGULATION BOILER SAFETY AT A GLANCE Statutes: Chapter 755, Health and Safety Code Rules: Title 16 T.A.C. Chapter 65 Practice Act? No Title Act? No 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, depending on how they’re used, to be inspected annually, biennially, or triennially by TDLR or an authorized inspector.

There are approximately 55,000 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.

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.

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.

Number of Licenses: 53,236

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 deputy 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 Texas, Austin, and El Paso.

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 accredition 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. 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.

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

BOILER SAFETY AT A GLANCE The Board of Boiler Rules has 11 members serving staggered 6-year terms, which includes: ● TDLR Chief Boiler Inspector; ● 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.

For more information, visit the Boilers and Boiler Safety page: https://www.tdlr.texas.gov/boilers/blr.htm

TDLR AAG FORM-011 Dec. 2018

TEXAS DEPARTMENT OF LICENSING & REGULATION CONTINUING EDUCATION PROVIDERS AT A GLANCE Rules: Title 16 T.A.C. Chapter 59

Inspections? Yes Individuals? No Number of Licensees: 2,359

Overview: TDLR establishes and oversees continuing education courses for many of the occupations it regulates. These courses are required by statute in order to obtain 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 ●●Polygraph Examiners ●●Property Tax Consultants ●●Registered Accessibility Specialists ●●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.

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.

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)

Advisory Board? No

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

TDLR AAG FORM-038 Jan. 2019

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

Number of Licensees: 2,571 Overview: A person may not claim to be 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.

Registration: To be registered as a code enforcement officer, an applicant must: ● 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.

To be registered as a code enforcement officer in training, an applicant must: ● 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 (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 on November 1, 2017, including registration and renewals, customer service, and 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

TDLR AAG FORM-014 Jan. 2019

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: 2,767

Overview:

The TDLR Texas Combative Sports Program regulates professional Boxing, Kick Boxing, Mixed Martial Arts, Muay Thai and amateur MMA 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’ participation is 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 must also be licensed or registered by the TDLR executive director.

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. At the weighin, 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.

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.

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 shall also 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

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 a physical examination of each contestant that complies with rules adopted under this chapter; and comply with all commission rules.

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

COMBATIVE SPORTS AT A GLANCE License

Fees

Promoter’s License

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

Referee License

$125

Contestant

$20

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: medical suspension will be based upon 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 calculated as three days of rest for each round fought with no less than 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.

History In 1925, the Texas Penal Code outlawed “pugilistic encounters” between man and man, 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).

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.”

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.

TDLR AAG FORM-022 Dec. 2018

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 Overview: TDLR cosmetology rules and regulations are in place to address health, safety, and sanitation concerns towards the prevention of cuts, burns, infections, and the transmission of contagious diseases. To provide cosmetology services, you must have a TDLR operator license or specialty certificate. If you have an operator license, you can provide any type of cosmetology service. If you don’t have an operator license, then you must have a certificate for your specialty practice. To be eligible for an operator license, you must: ●●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 1,500 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 examination; and ●●pay the required fee.

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

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. A student in high school receives 500 hours 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.

Number of Licensees in FY 2018: 307,610

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 Instructor

$60

Manicure Instructor

$60

Esthetician Instructor

$60

Wig Instructor

$60

Eyelash Extension Instructor

$60

Manicure/Esthetician Instructor

$60

Private Beauty Culture School

$500

Vocational College Beauty School

$500

Junior College Beauty School

$500

Beauty Salon

$106

Manicuring Salon

$106

Esthetician Specialty Salon

$106

Esthetician/Manicuring Salon

$106

Hair Weaving Specialty Salon

$106

Wig Specialty Salon

$106

Eyelash Extension Specialty Salon

$106

Mobile Shop

$106

Dual Shop

$130 TDLR AAG FORM-001 Dec. 2018

COSMETOLOGY AT A GLANCE If a high school student starts the program but doesn’t complete it before graduation, they can transfer those hours to a private school, but they are required to complete 1,500 hours total.

Students in private cosmetology schools and at community colleges must complete 1,500 hours of training. No academic hours are given.

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/

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 10 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 ● Texas Education Agency (ex officio) ● Two public members

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.

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: 5,965

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” means the professional discipline of applying and integrating scientific principles of food, nutrition, biochemistry, physiology, management, and behavioral and social sciences under different health, social, cultural, physical, psychological, and economic conditions for the proper nourishment, care, and education of an individual or group throughout the life cycle to achieve and maintain human health. The term includes the development, management, and provision of nutrition services.

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.

A dietitian license is valid for two years after the date of issuance and may be 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

TDLR AAG FORM-030 Jan. 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; 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 driving hours) and pass the driving exam. Once the driving exam is successfully completed, the Texas Department of Public Safety will issue a driver license.

TDLR is developing a Driver Education Course for Deaf or Hard of Hearing Students. The course curriculum will be available in American Sign Language (ASL). When developed, this course will be the first one in the United States.

Inspections? Yes Facilities? Yes Individuals? Yes Number of Licensees: 3,817

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.

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; ● 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.

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

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

DRIVER EDUCATION & SAFETY AT A GLANCE 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/ hour $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 Jan. 2019

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: 938 (FY 2018) Overview: A person may not use the title licensed dyslexia practitioner or licensed dyslexia therapist in Texas unless they are licensed to do so by TDLR. Program Transfer: 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.

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 practitioner 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

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.

CALT A certified academic language therapist (CALT) is a person who is certified by the Academic Language Therapy Association (ALTA).

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 Jan. 2019

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 Number of Licensees in FY 2018: 152,534 Title Act? Yes Overview: Anyone who performs non-exempted electrical work in the state of Texas must be licensed. Electrical work is defined as any labor or material used in installing, maintaining or extending an electrical wiring system and the appurtenances, apparatus or equipment used in connection with the use of electrical energy in, on, outside, or attached to a building, residence, structure, property, or premises, or service entrance conductors, 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: ●● Master Electrician: 12,000 hours (6 years) 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 (6 years) of on-thejob training under the supervision of a master or master sign electrician; passing score on the master sign electrician examination. ●● Journeyman Electrician: 8,000 hours (4 years) 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 (4 years) of on-thejob training under the supervision of a master or master sign electrician; passing score on the journeyman sign electrician examination. ●● Journeyman Lineman: 7,000 hours (3 ½ years) 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 (available starting September 1, 2018): have at least 8,000 hours (4 years) 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 under this chapter. ●● Residential Wireman: 4,000 hours (2 years) 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 (4 years) of on-thejob 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. ●● 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.

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; meet the statutory requirements for workers compensation coverage; maintain the required limits of 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: you must be a licensed master electrician or master sign electrician, or employ a licensed master electrician or master sign electrician; meet the statutory requirements for workers compensation coverage; maintain the required limits of 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. ● Residential Appliance Installation Contractor: you must be a licensed residential appliance installer, or employ a licensed residential appliance installer; meet the statutory requirements for workers compensation coverage; maintain the required limits of 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.

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 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/.

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

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.

TDLR AAG FORM-002 Nov. 2018

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: 44,004 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.

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

There are approximately 150 third-party inspectors who 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 on Electric (a.k.a. traction) elevators only by the adopted Safety Code for Elevators, Escalators and Related Equipment (ASU A17.1).

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 Section A17.1.

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 Texas Elevator 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 nonworking 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 contract 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 Dec. 2018

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 Practice Act? Yes Title Act? Yes

Number of Licensees: 858

Inspections? No 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 Applicants for a Hearing Instrument Fitter and Dispenser License must first have completed an apprenticeship under the supervision of a licensed individual and have completed 20 hours of classroom continuing education in approved subject matter during the one-year apprentice permit timeframe.

An applicant for an apprentice permit must pass each part of the examination (written, practical, and jurisprudence) with a score of 70 percent or greater. The examination may not test knowledge of the diagnosis or treatment of any disease of or injury to the human body.

Applicants have fingerprint-based criminal background checks.

Applicants for a Hearing Instrument Fitter and Dispenser License must first have completed 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. 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. A temporary training permit holder shall have at least 150 hours of directly supervised practicum that shall include the following: ●● 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;

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

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

●● 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.

Licensing Examination The Texas Hearing Instrument Fitter & Dispenser Jurisprudence Examination content is based on state and federal laws, rules, and regulations relating to the fitting and dispensing of hearing instruments.

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

HEARING INSTRUMENT FITTERS & DISPENSERS AT A GLANCE 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 Jan. 2019

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: 875

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 exceeds 4 stories or 60 feet in height. ●● 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.

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

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: ●● a residential structure that exceeds four stories or 60 feet in height; ●● 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 Dec. 2018

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: 3,357 Overview: Anyone in Texas practicing laser hair removal — 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 issues certificates of registration to laser hair removal facilities, qualified individuals who perform laser hair removal procedures, and agency-accepted training programs within the state of Texas. The agency also approves certifying entities.

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.

The operator of a laser hair removal facility must have a laser hair removal license, and a separate license is required for each facility.

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-accepted 40 hour laser hair removal training course, which consists of at least 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.

•• 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 Laser Hair Removal Apprenticein-Training; and •• Must have performed at least 100 laser hair removal procedures under the direct supervision of a senior laser hair removal technician or a certified laser hair removal professional. ● Senior Laser Hair Removal Technician.

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

•• Must be certified by a TDLR-recognized certifying agency, including the Society for Clinical and Medical Hair Removal; •• Must meet requirements for Laser Hair Removal Technician; and •• Must pass an examination given by the certifying entities. ● Laser Hair Removal Facility A laser hair removal facility must be certified by TDLR. The application must include: •• a qualified laser safety officer designated; •• a qualified laser hair removal professional; •• A copy of a written contract with a consulting physician which includes the following: •• 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 with the LHR facility as appropriate to the circumstances, including, if the physician considers it necessary, an emergency appointment with the client; and •• a designated physician who shall be available for the consultation with the LHR facility relating to care for the client if the consulting physician is unavailable; •• the required fee.

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 Dec. 2018

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 in FY 2018: 162 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.)

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).

Annual inventory

Breeders must keep detailed records on each animal housed in their facility, including: ● 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.

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.

All donations to this account are eligible to be used for: ● Promoting consumer awareness of the Licensed Breeders program, laws and rules; ● Supporting educational seminars and training activities designed to help administer and enforce the Licensed Breeder program; and ● Paying for information that results in disciplinary action against a person for acting as a dog or cat breeder in Texas without holding a license.

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.

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.

A licensed breeder shall provide breeding females 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, 512-463-6599, www.tdlr.texas.gov” or a similar statement adopted by commission rule that includes the department’s name, mailing address, telephone numbers, and Internet website address.

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. The preceding requirements are in addition to, not in place of, all other requirements pertaining to climatic conditions.

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 documented by the licensee; to include at the minimum subject matter covering basic animal care and handling, prevention of infectious disease, and kennel sanitization.

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. In addition, 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.

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.

6. Standard of Care — Veterinary Care Annual examination. A licensed breeder shall have each animal used for breeding examined by a veterinarian at least once in every twelvemonth period. The annual examination required by this section 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.

TDLR AAG FORM-008 Dec. 2018

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

Overview:

Inspections? Yes Facilities? Yes Equipment? Yes Individuals? Yes Number of Licensees (FY 2018): 34,540

A person must hold a massage therapist license 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.

To obtain a massage therapy license, you must: ●● be at least 18 years old; ●● pass a criminal background check;

●● satisfactorily complete massage therapy studies in a 500hour 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.

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

Inspections TDLR performs inspections on massage establishments to ensure that facilities and massage therapists are appropriately licensed.

License Required In Texas, a state license is required to advertise or practice massage therapy. A national certification from 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. Colleges and universities are exempt from having a massage school license.

Public Safety 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.

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.

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 Dec. 2018

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 (FY 2018): 294

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: ● Successful completion of a Midwifery Education and Accreditation Council accredited course; or ● Successful completion of a basic midwifery education course approved by TDLR; or ● Certified Professional Midwife (CPM) certification by the North American Registry of Midwives ● Current cardiopulmonary resuscitation (CPR) certification for health care providers by the American Heart Association; and ● Current certification for neonatal resuscitation from the American Academy of Pediatrics; and ● Pass Jurisprudence exam Continuing Education ●● Licensed midwives are required to take 20 hours of continuing education, have a current CPR certification, current certification for neonatal resuscitation from the American Academy of Pediatrics and proof of completion of the Jurisprudence examination, if applicable. (Jurisprudence exam is required once every 4 years.)

License

Fees

Application

$275

Renewal (every two years)

$550

Jurisprudence Examination

$35

Education Course Initial Application

$150

Education Course Site Visit

$500

Criminal History Check

$25

Texas has two midwifery education programs: ● the Association of Texas Midwives Midwifery Training Program ● Maternidad la Luz TDLR has also provisionally approved two additional courses: ● Nations Midwifery School ● 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.

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

TDLR AAG FORM-017 Jan. 2019

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: 5,789

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 remediation activities but does not require that mold be cleaned up by property owners.

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 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, if not the same person, before any moldrelated 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 completion of the project. 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 the property owner sells the property.

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 Jan. 2019

TEXAS DEPARTMENT OF LICENSING & REGULATION OFFENDER 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 Number of Licensees (FY 2018): 4,077 Overview: TDLR regulates four 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.

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 history of drug abuse, drug/DWI laws, dynamics of drug use, drugs of abuse, how drugs work, 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 the relation to driving skills, help them 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.

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 lifestyles 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;

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

OFFENDER 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. 2019

TEXAS DEPARTMENT OF LICENSING & REGULATION ORTHOTISTS & PROSTHETISTS AT A GLANCE

Statutes: Chapter 605, Occupations Code Rules: Title 16 T.A.C. Chapter 114 Practice Act? Yes Title Act? Yes Inspections? Yes Facilities? Yes Equipment? No Individuals? No

Number of Licensees: 912

Overview: A person who makes orthotics or prosthetics 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.

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.

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

ORTHOTISTS & PROSTHETISTS AT A GLANCE 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.

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

Orthotic or Prosthetic Technician Application or Renewal

$100

Prosthetic/Orthotic Technician Application or Renewal

$150

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 Jan. 2019

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 Number of Licensees: 1,633

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 under this chapter.

Licensing and Registration

A physician licensed by the Texas Board of Medical Examiners is exempt from the licensure requirement.

The chapter 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.

Podiatrist To be a podiatrist, a person must: ●● be at least 21 years of age; ●● 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 criminal history background check performed by the department; ●● provide proof of successful completion of a course in cardiopulmonary resuscitation(CPR); and ●● submit a Self-Query report from the National Practitioner Data Bank.

Licenses are valid for one year.

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

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: 274

Overview: A polygraph examination uses an instrument to graphically record simultaneously the physiological changes in human respiration, cardiovascular activity, and any other physiological changes that can be recorded for the purpose of verifying truth or deception and includes the reading and interpretation of the polygraph records and requests.

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 chapter 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 BA degree from a college/university/organization, 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.

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

TDLR AAG FORM-028 Dec. 2018

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: 408 Overview: A professional employer organization (PEO) is a business entity that serves a client business by sharing employment responsibilities with the client for employees who provide services to the client. This co-employment relationship is created by a contract that specifies how the PEO and the client share employment responsibilities, such as payroll processing, tax filing, workers’ compensation insurance, human resources, and training and development.

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 assign or lease their permanent employees to another employer.

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.

License Type

Fee

Original License Fee (0 to 249 assigned employees)

$300

250 to 750 assigned employees

$450

more than 750 assigned employees

$700

License Renewal Fee (0 to 249 assigned employees)

$300

250 to 750 assigned employees

$450

more than 750 assigned employees

$700

Limited License Original Application Fee

$300

Limited License Renewal License

$300

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 Dec. 2018

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 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 ●● 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 (all licenses good for one year)

Fee

Temporary Residency License (Initial)

$125

Temporary Residency License (Renewal)

$125

Extended Temporary License (extension)

$50

Doctor of Podiatric Medicine (Initial)

$534

Doctor of Podiatric Medicine (Renewal)

$530

Podiatric Medical Radiological Technician

$0

Hyperbaric Oxygen Certificate

$25

Nitrous Oxide Registration

$25

The Podiatric Medical Examiners Advisory Board has 9 members 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 AAG FORM-043 Jan. 2019

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: 1,813 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 the performance of 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 the performance of property tax consulting services.

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: •• 8 hours on the laws and rules relating to property tax consulting; •• 16 hours on appraisal and evaluation; •• 8 hours on property tax consulting; and •• 8 hours on 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 educational programs and courses, experience, and higher education ●● Provide proof with a letter or resume 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 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.

License (all licenses good for one year)

Fee

Property Tax Consultant original application

$25

Property Tax Consultant original registration

$25

Property Tax Consultant renewal

$75

Senior Property Tax Consultant original application

$75

Senior Property Tax Consultant original registration

$40

Senior Property Tax Consultant renewal

$75

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 Jan. 2019

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: 3,607 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

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

To be certified as a Property Tax Professional with TDLR, an individual must: ● complete up to 60 months of work experience while registered, ● complete up to 115 hours of course work, ● pass examinations.

The Property Tax Professional Advisory Board Committee has 7 members serving 6-year staggered terms, which includes: ● two members who are certified as registered professional appraisers; ●● 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 Oct. 2018

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: 1,336

Overview: Registered sanitarians are public health professionals qualified by specific education, specialized training, and field experience to protect the health, safety and general welfare of the public from adverse environmental determinants. 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 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.

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

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.

Certificates issued are valid for two years.

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

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.

TDLR AAG FORM-039 Jan. 2019

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: 380 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.

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

$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 Jan. 2019

TEXAS DEPARTMENT OF LICENSING & REGULATION SPEECH-LANGUAGE PATHOLOGISTS & AUDIOLOGISTS AT A GLANCE Statutes: Chapter 401, Occupations Code Rules: Title 16 T.A.C. Chapter 111 Number of Licensees: 24,319

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 for the purpose of providing services to 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; ●●Pass the jurisprudence examination; and, ●●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 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 communications 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 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

Criminal Background Check Texas law requires fingerprint background checks for certain TDLR licensing programs, including Speech-Language Pathologists and Audiologists (SPA) and all license types. TDLR performs fingerprint criminal history background checks for initial license applications using the FACT Clearinghouse, a repository of DPS and FBI fingerprintbased criminal history results. TDLR relies on Rap-Back for renewal applications. Rap-Back reports notify TDLR and other entities when someone whose fingerprints are on file is arrested.

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.

TDLR AAG FORM-007 Dec. 2018

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: 29,680

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.

There are two types of tows: Consent and Non-Consent. A nonconsent tow can either be an incident management tow or a private property tow. ●● Incident Management (IM) – This is a tow of a vehicle from a public road due to an accident or incident. This includes when a vehicle owner requests the tow Type of Tow Maximum Maximum but towing adversely affects traffic on the public Drop Charge Tow Fee roadway. All IM tows are considered non-consent tows and all fees must be directly related to towing Light Duty Private Property Tow $255 $127 and available on a non-consent tow fee schedule*. (towed vehicle is 10,000 lbs or less) There are no state set IM tow fees, however, local Medium Duty Private Property Tow $357 $178 municipalities or counties may establish set fees.

IM tow operators and IM tow trucks may also (towed vehicle is between 10,001 perform private property and consent tows. and 24,999 lbs) ●● Private Property (PP) – This is a tow of a vehicle Heavy Duty Private Property Tow $459 per unit; $229 per unit; authorized by the owner of a parking facility (towed vehicle is 25,000 lbs or more) $918 max $458 max (for example, an apartment building parking 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 are capped in Texas. (see Type of Tow fees chart). Local municipalities or counties can establish charges less than the statewide rates. PP tow operators and PP *Non-Consent Towing Fees tow trucks may also perform consent tows.

A towing company must provide its non-consent tow fee schedule ●● Consent (CT) – This is a tow of a motor vehicle in which the tow to all vehicle storage facilities to which the towing company delivers truck is summoned by the owner or operator of the vehicle, or by a vehicles for storage. The non-consent tow fees must be directly person who has possession, custody, or control of the vehicle when related to towing and be itemized on the tow ticket, as labeled on the the tow is not from a public roadway that affects traffic flow. CT tow non-consent tow fee schedule. operators and CT tow trucks may only perform CT tows.

NOTE: Repossession is a consent tow and results in Local municipalities or counties can establish charges less than the consensual storage of a vehicle; TDLR does not have jurisdiction statewide rates. over the storage of these vehicles.

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

TOWING AT A GLANCE Drop Fees ● 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.

Registration Type

New Application

Annual Renewal

Tow Truck Company

$350

$350

Tow Truck Permit (each truck)

$75

$75

Tow Truck Operator (driver)

$100

$100

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 Dec. 2018

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: 4,774

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. VSFs must accept cash, debit cards, and credit cards for payment and cannot charge a processing fee for accepting debit or credit cards.

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 executed by the person named in the lease agreement;

Registration Type

Annual New Application Renewal

Vehicle Storage Facility (VSF) $250

$250

Vehicle Storage Facility Employee

$75

$75

●●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/day. No less than $5/day and no more than $25/day

Daily Storage for Vehicles Over 25 Feet Long

$35/day

One-time Impoundment Fee

$20

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 Dec. 2018

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: 9

Overview: Transportation network companies – 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 streethail taxicabs, limousines, shared expense carpool/vanpool arrangements, or a ride service where the fee received does not exceed the cost of providing the ride.

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.

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.

Permit

Fee

Original Application Fee

$10,500

Renewal Fee

$7,500

Permit Amendment Fee

$25

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

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.

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 passenger to an alternate provider of wheelchair-accessible service.

The Accessibility Pilot Program is a twoyear 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 services that do not unreasonably delay the requested ride service. 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 transportation network company 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 December 1, 2017.

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

TDLR AAG FORM-027 Dec. 2018

TRANSPORTATION NETWORK COMPANIES AT A GLANCE Consumer Complaints Consumers should direct issues or complaints about a driver directly to the transportation network company, including any complaints regarding a suspected violation of the company’s intoxicating substance policy.

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

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

Overview: Used automotive parts recycling (APR) is the dismantling and reuse or resale of used automotive parts and the safe disposal of salvage motor vehicles or nonrepairable motor vehicles, including the resale of those vehicles. A person may not own or operate a used automotive parts recycling business or sell used automotive parts unless the person holds a used automotive parts recycler license from TDLR. Both the business and its employees must be licensed.

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

Number of licensees in FY 2018: 3,394

Inspections TDLR inspects each APR facility at least once every two years.

The Used Auto Parts Recyclers Advisory Board has 5 members serving 6-year terms. The advisory board consists of five members representing the used automotive parts industry in Texas, appointed by the presiding officer of the commission with the approval of the commission.

Licensing All applicants 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.

●● The four members who represent used automotive parts businesses owned by domestic entities, as defined by Section 1.002, Business Organizations Code. ●● One member who 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.

License Type

Fees

Permit Used Automotive Parts Facility Business (original application)

$75

Permit Used Automotive Parts Facility Business (renewal for permits expiring before February 1, 2014)

$120

Permit Used Automotive Parts Facility Business (renewal for permits expiring on or after February 1, 2014)

$75

Used Automotive Parts Recycling Employee (original application)

$25

Used Automotive Parts Recycling Employee (renewal for licenses expiring before February 1, 2014)

$30

Used Automotive Parts Recycling Employee (renewal for licenses expiring on or after February 1, 2014)

$25

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

AUTOMOTIVE PARTS RECYCLERS AT A GLANCE 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.

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 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.

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.

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.

3. Unlicensed Activity by an Employee. A person employed by a used automotive parts recycler may not in the scope of the person’s employment acquire a vehicle or used automotive parts and may not sell used automotive parts unless the person holds a used automotive parts employee license.

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.

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.

TDLR AAG FORM-010 Jan. 2019

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: 2,256

Overview: A license is required to drill a water well in Texas or 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 specifications.

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.

Landowners are 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.

To learn more about abandoned wells in Texas, visit www.tdlr.texas.gov/wwd/abandonedwells.htm

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

Apprentice (initial application)

$65

Apprentice (renewal)

$65

Combination Apprentice (initial application)

$115

Combination Apprentice (renewal)

$115

Licensing Water 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. ● Water Wells (W) – must have at least 15 qualifying installations ● Monitor Wells (M) – must have at least 50 qualifying installations ● Injection Wells (N) – must have at least 50 qualifying installations ● Dewatering Wells (D) – must have at least 50 qualifying installations ● Closed Loop Geothermal Wells (C) – must have at least 50 qualifying installations ● MASTER LICENSE (I) – must have at least 215 qualifying installations

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. ● Single Phase Pumps (P) – must have at least 15 qualifying installations ● 3 Phase Pumps (K) – must have at least 15 qualifying installations ● Turbine Pump (T) – must have at least 15 qualifying installations ● Windmill, Pump jack, hand pump – must have at least 15 qualifying installations ● MASTER LICENSE (I) – must have at least 60 qualifying installations

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

WATER WELL DRILLERS & PUMP INSTALLERS AT A GLANCE

Apprentices Apprentices must be at least 18 years old and be under the supervision of a Licensed Well Driller/Pump Installer who has held their license a minimum of 2 years.

A licensed driller or pump installer may not supervise more than three unlicensed assistants at any one time.

Persons with both a well driller and a pump installer license may register a maximum of six unlicensed assistants (three of each type) at any one time.

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.

TDLR AAG FORM-036 Jan. 2019

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: 13

Overview: The Weather Modification Act passed 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, more than 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 and proof of insurance in local media before proceeding.

The number of weather modification licenses and permits has remained fairly constant over the last 15 years. That number has been rather constant ever 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 start-up costs have been much more substantial than maintenance expenses are from year to year.

Number of renewal licenses issued for FY19: 6* *Most permits are issued for 4 years, so number of permits each year can change 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. Seven 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 2018, TDLR issued three permit renewals. 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. 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.

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 Dec. 2018