| (a) A person must be licensed or registered by the
commission before engaging in an activity, occupation, or profession
described by Texas Water Code, §§26.0301, 26.345, 26.452,
26.456, Texas Health and Safety Code, §§341.033, 341.034,
361.027, 366.071, 366.0515, or Texas Occupations Code, §1903.251
and §1904.051. The commission shall issue a license or registration
only after an applicant has met the minimum requirements for a license
or registration as specified in this chapter.
(b) A person shall not advertise or represent themselves
to the public as a holder of a license or registration unless that
person possesses a current license or registration. A person shall
not advertise or represent to the public that it can perform services
for which a license or registration is required unless it holds a
current license or registration, or unless it employs individuals
who hold current licenses.
(c) The executive director may contract with persons
to provide services required by this chapter. The commission may authorize
contractors to collect reasonable fees for the services provided.
(d) Licenses and registrations are not transferable.
(e) New licenses shall not be issued to employees of
the commission who have regulatory authority over the rules of this
chapter. Commission employees may maintain a license if that license
was issued prior to employment with the commission.
(f) Prohibited Employment.
(1) Individuals subject to registration under the Texas
Code of Criminal Procedure, Chapter 62 because of a reportable conviction
or adjudication for which an affirmative finding is entered under
Texas Code of Criminal Procedure, Article 42.015(b) or Section 5(e)(2),
Article 45.12, and licensed after September 1, 2013, may not, for
compensation, provide or offer to provide any type of service in the
residence of another person unless the provision of service will be
supervised.
(2) For purposes of this subsection.
(A) "Residence" means a structure primarily used as
a permanent dwelling and land that is contiguous to that permanent
dwelling.
(B) "Supervision" means direct, continuous visual observation
of the individual at all times.
|
| Source Note: The provisions of this §30.5 adopted to be effective December 17, 2001, 26 TexReg 10330; amended to be effective March 1, 2006, 31 TexReg 1301; amended to be effective September 27, 2007, 32 TexReg 6523; amended to be effective July 10, 2014, 39 TexReg 5181 |
