Proposed Disaster Recovery Rules

Chapter 56. Disaster Recovery
Future Proposed Rulemaking

Table of Contents

Subchapter A. General Provisions
56.1. Authority
56.10. Definitions
Subchapter B. Emergency License
56.20. Out-of-State Applicants
56.21. License Term
56.22. Renewal
56.23. Automatic Expiration
Subchapter C. Emergency License Eligibility and Waivers
56.30. Alternative License Requirements
56.31. Air Conditioning and Refrigeration Contractors -- Reciprocity
56.32. Air Conditioning and Refrigeration Technicians -- Registration
56.33. Electricians -- Reciprocity
56.34. Consent Tow Truck Permit
56.35. Consent Tow Operator License
56.36. Tow Company License
56.37. Temporary Vehicle Storage Facility License
56.38. Out-of-State Healthcare Providers
56.39. Mold Assessment and Remediation Companies Registration and Waivers
Subchapter D. School Relocation, Inspections, and Waiver of Reports
56.40. Barber Schools
56.41. Cosmetology Schools
56.42. Driver Education Schools
Subchapter E. Building and Mechanical
56.50. Boiler Extensions – Water Treatment Records
Subchapter F. Continuing Education Requirements
56.60. Driver Education Instructors
Subchapter G. Fee Waivers
56.70. Fee Waivers
Subchapter H. Sanctions and Administrative Penalties
56.80. Administrative Penalties and Sanctions

Subchapter A. General Provisions.

56.1. Authority.

This chapter is authorized by Texas Occupations Code, Chapter 51.

56.10. Definitions.

Unless the context clearly shows otherwise, words and terms used in this chapter have the meaning assigned by the statute or rule governing the affected program and license type.

56.11. Purpose and Scope.

  • (a) When the Governor of the State of Texas declares a disaster under Government Code §418.014 (“Disaster Recovery Period”) and the executive director determines that strict compliance with existing rules and processes would in any way prevent, hinder, or delay necessary action in coping with the disaster, the department may:
    • (1) establish licensing requirements and insurance coverage or other financial security for out-of-state contractors or professionals providing essential services;
    • (2) waive license fees and continuing education requirements;
    • (3) establish procedures to obtain emergency licenses and provide notifications to the department;
    • (4) extend license renewal dates; and
    • (5) allow schools in impacted areas to work together sharing facilities or temporarily change locations lessening disruption to students.
  • (b) After considering the nature of the disaster and needs within the disaster area, the executive director may assist with recovery efforts by implementing any combination of relief authorized by this chapter.

Subchapter B. Emergency License.

56.20. Out-of-State Applicants.

  • (a) The department may issue emergency licenses to qualified and out-of-state contractors or professionals to work in Texas.
  • (b) Unless provided for in this subchapter, emergency license holders may only engage in the activities authorized by the license type during the disaster recovery period and only in the designated disaster area.

56.21. License Term.

An emergency license expires 90 days after issuance and may, at the discretion of the department, be extended in 90- day increments.

56.22. Renewal.

  • (a) If the disaster recovery period extends beyond 80 days, an emergency license may be renewed in 90-day increments.
  • (b) To renew and maintain continuous licensure, the renewal requirements under this section must be completed prior to the expiration of the license.
  • (c) The holder of an expired emergency license may not perform or contract to perform work in this state if that work requires a license.
  • (d) A license issued under this chapter is not subject to the late renewal provisions under Chapter 51 of the Texas Occupations Code.

56.23. Automatic Expiration.

When the recovery period ends, an emergency license with an unexpired term may be used to complete work under contract but may not be used to enter into new contracts or commitments if the new contract or commitment requires a license.

Subchapter C. Emergency License Eligibility and Waivers.

56.30. Alternative License Requirements.

In addition to the licensing eligibility requirements for the license types in this subchapter, the executive director, with approval from the governor, may publish to the department’s internet website alternative qualifications and procedures for obtaining an emergency license.

56.31. Air Conditioning and Refrigeration Contractors -- Reciprocity.

  • (a) An applicant licensed in South Carolina, Georgia, or other states posted on the department’s website may obtain expedited application review.
  • (b) The applicant must submit a completed license application and provide a letter of good standing from the licensing state, a copy of applicant’s Air Conditioning and Refrigeration Contractors License, proof of insurance and pay the fee required by 16 TAC §75.80 (relating to Fees).

56.32. Air Conditioning and Refrigeration Technicians -- Registration.

A person may immediately begin performing air conditioning and refrigeration work in Texas by:

  • (1) completing the online registration form; and
  • (2) coordinating with a Texas licensed air conditioning and refrigeration contractor.

56.33. Electricians -- Reciprocity.

  • (a) An applicant licensed in Arkansas, Idaho, Montana, Nebraska, New Mexico, Oklahoma, South Dakota, Wyoming, or other states posted on the department’s website may obtain expedited application review.
  • (b) The applicant must submit a completed license application and provide a letter of good standing from the licensing state, a copy of applicant’s Electrician’s License, proof of insurance and pay the fee required by 16 TAC §73.80 (relating to Fees).
  • (c) A Journeyman licensed by reciprocity must coordinate with a Texas licensed electrical contractor.

56.34. Consent Tow Truck Permit.

  • (a) An applicant for an emergency consent tow truck permit must:
    • (1) submit a completed application on a department-approved form;
    • (2) provide proof of insurance required under 16 TAC §86.400 (relating to Insurance Requirements – Tow Truck Permits);
    • (3) verify that the tow truck is equipped to tow light-duty or heavy-duty vehicles according to the manufacturer's guidelines;
    • (4) successfully pass a criminal background check; and
    • (5) pay the consent tow truck permit fee required under 16 TAC §86.800 (relating to Fees).
  • (b) An emergency consent tow truck permitted under this section must:
    • (1) carry a copy of the cab card in the cab of each permitted emergency consent tow truck;
    • (2) display on each permitted emergency consent tow truck, the permit holder's name and telephone number as listed on the application for an emergency consent tow truck permit; and
    • (3) meet the requirements in 16 TAC §86.1000 (relating to Technical Requirements – Tow Truck Safety Equipment and Truck Operations) applicable to consent tow operators.
  • (c) If the information required by subsection (b)(2) is not permanently affixed to the tow truck, the information may be affixed by use of magnetic signs on both sides of the tow truck, printed in letters and numbers that are at least two inches high and in a color that contrasts with the color of the background surface.
  • (d) For purposes of this section, during a disaster recovery period, the transport of a motor vehicle under a written contract from a licensed vehicle storage facility, including a temporary vehicle storage facility, to a salvage facility qualifies under Texas Occupations Code §2308.002(11)(H) as a prearranged shipment of cargo and does not require a tow truck permit.

56.35. Consent Tow Operator License.

  • (a) An applicant for an emergency tow company license must:
    • (1) submit a completed application on a department-approved form;
    • (2) hold a valid driver's license issued by a state in the United States;
    • (3) successfully pass a criminal background check; and
    • (4) pay the fee required under 16 TAC §86.800 (relating to Fees).
  • (b) An emergency consent tow operator license holder must:
    • (1) allow department and law enforcement personnel to inspect each tow truck; and
    • (2) while performing towing operations carry their TDLR emergency consent tow operator license.

56.36. Tow Company License.

  • (a) An applicant for an emergency tow company license must:
    • (1) submit a completed application on a department-approved form;
    • (2) provide the name and address of each partner if the applicant is a partnership;
    • (3) provide the name and address of each corporate officer, including the president, secretary, and treasurer, if the applicant is a corporation;
    • (4) provide the name and address of each owner of the tow company and the percentage of ownership interest each holds in the company;
    • (5) provide the name and address of the operator or manager of the tow company if it is not operated or managed by one of the owners;
    • (6) provide the tow company's physical address, mailing address, and telephone number; and
    • (7) pay the fee required under 16 TAC §86.800 (relating to Fees).
  • (b) The controlling persons listed in subsection (a) must successfully pass a criminal background check.
  • (c) An emergency tow company must prepare and maintain a record of each tow. The record must contain the date of the tow, the vehicle identification number, license plate number, year, make, and model of the towed vehicle and towed vehicle's point of origin and destination.
  • (d) An emergency consent tow company whose principal business address is located outside the state of Texas, may maintain tow records at an out-of-state facility if the tow company reimburses the department for necessary travel expenses and per diem for any inspections or investigations conducted under this chapter.
  • (e) All books and records generated by an emergency consent tow company must be maintained for not less than two years and must be provided to the department upon request.

56.37. Temporary Vehicle Storage Facility License.

  • (a) An applicant for an emergency temporary vehicle storage facility license must contact the department’s licensing division and:
    • (1) have a current vehicle storage facility license, and
    • (2) provide the physical address of the temporary vehicle storage facility.
  • (b) A temporary vehicle storage facility licensed issued under this section:
    • (1) must post a weather resistant sign containing the storage facility name and license number of the qualifying license under subsection (a)(1);
    • (2) must maintain records required by 16 TAC §85.1004 (relating to Technical Requirements –
    • Company Records), and
    • (3) is exempt from 16 TAC §85.1000 (relating to Technical Requirements -- Facility Fencing Requirements), 16 TAC §85.1001 (relating to Technical Requirements -- Storage Lot Surface) and 16 TAC §85.1002 (relating to Technical Requirements -- Storage Lot Lighting).
  • (c) A vehicle storage facility or temporary vehicle storage facility must allow a tow truck and tow truck operator licensed under this chapter, 16 TAC Chapter 86, or registered under the Uniform Carrier Registration Act entry to the licensed facility for purposes of storage or removal of vehicles.

56.38. Out-of-State Healthcare Providers.

  • (a) For purposes of this section, Healthcare Providers include: Athletic Trainers, Dietitians, Behavior Analysts, Dyslexia Therapists, Hearing Instrument Fitters and Dispensers, Midwives, Orthotists and Prosthetists, Podiatrists, and Speech-Language Pathologists and Audiologists.
  • (b) To be eligible to use the services of out-of-state healthcare providers during a declared disaster, a healthcare facility must send an email to: tbd@tdlr.texas.gov with the following information:
    • (1) the subject line must state: “Disaster Area - Notice to Use Out-of-State Healthcare Providers”; and
    • (2) the body of the email must contain the name of each out-of-state provider; license type; license number; state of licensure; and name, address, and phone number of the health care facility.
  • (c) Notification is complete when the information has been sent to the email address in subsection (b).
  • (d) While providing healthcare services in this state, out-of-state healthcare providers must carry in their possession a copy of the email referenced in subsection (b).
  • (e) Out-of-state healthcare providers who are not licensed in Texas may only provide services in or through health care facilities and shall not provide services independently.
  • (f) A health care facility must verify with the appropriate state licensing agency that an out-of-state healthcare provider is licensed in good standing.

56.39. Mold Assessment and Remediation Companies Registration and Waivers.

  • (a) Assessment Requirement Waived. The assessment requirement for mold remediation projects is waived for the duration of the disaster recovery period. This waiver applies to in-state licensed mold remediators and out-of-state mold remediators.
  • (b) Unlicensed and Out-of-State Mold Remediation Companies. Licensure requirements for unlicensed and out- of-state mold remediation companies are waived for the duration of the governor's disaster declaration. Volunteer organizations that assist homeowners in removing or cleaning mold, related to the disaster, are exempt from the licensing requirements so long as they are not receiving payment for the services provided.
  • (c) Unlicensed and out-of-state mold remediation companies that seek work in Texas during the disaster declaration may register with the department by email. The registration email must:
    • (1) be sent to: cs.mold@tdlr.texas.gov;
    • (2) contain in the subject line “Disaster Area - Mold Remediation Waiver Request”; and
    • (3) contain the following information:
      • (A) business name, owner's name and business contact number;
      • (B) proof of business registration in another state or a Texas Secretary of State Tax ID number;
      • (C) a list of the full name of all employees working in the impacted areas;
      • (D) verification of training for each employee listed in (3)(C); and
      • (E) proof of liability insurance.
  • (d) Registration is complete when all the information required by this section has been sent to the email address in subsection (c)(1).
  • (e) Project Notifications. During the disaster and only in the areas included in the declaration, and any extension, notification of mold remediation projects is voluntary.
  • (f) Registrants may only perform mold remediation services that are necessary in coping with the disaster in the areas included in the declaration. A registrant shall not provide mold remediation services for non-disaster related mold remediation projects.
  • (g) Certificate of Mold Damage Remediation. Registration under this subchapter does not include authorization to sign a Certificate of Mold Damage Remediation. A Certificate of Mold Damage Remediation may only be signed by persons licensed under Texas Occupations Code, Chapter 1958.
  • (h) Inspection and Enforcement. Registered and licensed mold remediators are subject to unannounced inspections, and safety violations are subject to enforcement actions including administrative penalties and revocation of registration or license under Texas Occupations Code, Chapter 51.

Subchapter D. School Relocation, Inspections, and Waiver of Reports.

56.40. Barber Schools.

  • (a) Inspections and Relocation. The inspection and relocation provisions in 16 TAC §82.23(c) (relating to Permit Requirements – Barber Schools) and §82.51(a) (relating to Initial Inspections – Inspection of Barber Schools Before Operation) are suspended if the barber school sends an email to: education@tdlr.texas.gov with the following information:
    • (1) the subject line must state: “Disaster Area - Notice of Barber School Relocation”; and
    • (2) the body of the email contains the school name, license number, relocation address, phone number and email address.
  • (b) Accrued Hours Report. The monthly report required by 16 TAC §82.72(w) (relating to Responsibilities of Barber Schools) is suspended if the barber school:
    • (1) determines its operational capacity and limited resources should be directed toward disaster recovery; and
    • (2) the barber school sends an email to: education@tdlr.texas.gov with the following information:
      • (1) the subject line must state: “Disaster Area - Monthly Accrued Hours Report”; and
      • (2) the body of the email contains the school name, license number, phone number and email address with the proposed alternate period for reporting student accrued hours.
  • (c) Student Withdrawal, Termination or Absence. The requirements in 16 TAC §82.74(a) (relating to Responsibilities – Withdrawal, Reentry, or Transfer of Student) are suspended if the barber school:
  • (1) reports student withdrawals or terminations to the department within a reasonable period after the withdrawal or termination; or
  • (2) terminates students who do not attend a barber curriculum for 30 days after the school resumes normal daily operations.
  • (d) The late fee required by 16 TAC §82.80(g) (relating to Fees) is waived for barber schools in the disaster area during the disaster recovery period.

56.41. Cosmetology Schools.

  • (a) School relocation. A beauty culture school that relocates because of damage from a declared disaster may relocate and operate before inspection.
  • (b) The inspection and relocation provisions in 16 TAC §83.23(b) (relating to License Requirements – Beauty Culture Schools) and §83.51(a) (relating to Initial Inspections – Inspection of Beauty Culture Schools Before Operation) are suspended if the beauty culture school sends an email to education@tdlr.texas.gov with the following information:
    • (1) the subject line must state: “Disaster Area - Notice of Beauty Culture School Relocation”; and
    • (2) the body of the email contains the school name, license number, relocation address, phone number and email address.
  • (b) Inspection Interval. The semi-annual inspection interval under 16 TAC §83.52(a) (relating to Periodic Inspections) for beauty culture schools located in the disaster area shall be extended by one day for each day of the disaster recovery period.
  • (c) Clock Hours Reports. For beauty culture schools in the disaster area using time clocks, the monthly report required by 16 TAC §83.72(m) (relating to Responsibilities of Beauty Culture Schools) is suspended if the school:
    • (1) determines its operational capacity and resources are limited; and
    • (2) the beauty culture school sends an email to education@tdlr.texas.gov with the following information:
      • (1) the subject line must state: “Disaster Area - Clock Hours Report”; and
      • (2) the body of the email contains the school name, license number, relocation address, phone number, email address and state the proposed alternate period for reporting student clock hours.
  • (d) Credit Hour Reports. For beauty culture schools in the disaster area using credit hours, the end of course or module and student drop or withdrawal reports required by 16 TAC §83.72(n) (relating to Responsibilities of Beauty Culture Schools) are suspended if:
    • (1) the school submits the reports to the department 15 days after the disaster period; or
    • (2) on request of an individual student, the beauty culture school report the individual record to the department within 5 business days of the student’s request.
  • (e) Student Withdrawal, Termination or Absence. The requirements in 16 TAC §83.72(q) (relating to Responsibilities of Beauty Culture Schools) are suspended if the beauty school:
    • (1) report a student’s withdrawal or termination to the department within a reasonable period after the withdrawal or termination; or
    • (2) terminate a student who does not attend a cosmetology curriculum for 30 days after the school resumes normal daily operations.
  • (f) Late fees required by 16 TAC §83.80 (relating to Fees) are waived for beauty schools in the disaster area during the disaster recovery period.

56.42. Driver Education Schools.

  • (a) Relocation. The relocation provision in 16 TAC §84.40(e) (relating to Driver Education School Licensure) is suspended if the driver education school sends an email to: education@tdlr.texas.gov with the following information:
    • (1) the subject line must state: “Disaster Area - Notice of Driver Education School Relocation”; and
    • (2) the body of the email contains the school name, license number, relocation address, phone number, and email address.
  • (b) Attendance and Makeup. The course completion and makeup provisions in 16 TAC §84.46(e) - (i) (relating to Attendance and Makeup) may be extended by one day for each day the driver education school is closed during the disaster recovery period.
  • (c) Alternative Coursework. At the election of the student, a driver education school must allow students to complete coursework by participating in online driver education courses or through parent taught driver education.

Subchapter E. Building and Mechanical.

56.50. Boiler Extensions – Water Treatment Records.

  • (a) Request for extensions may not be denied solely because the boiler did not have continuous water treatment records as required by Texas Health and Safety Code §755.026(b)(1) (relating to Extensions).
  • (b) For the boilers in the affected area to remain eligible for extensions, the boiler must have had continuous water treatment begin again at the earlier of the following:
    • (1) immediately upon the boiler being brought back into service; or
    • (2) by the date the disaster recovery period expires.
  • (c) Boiler Late Fees. During the disaster recovery period, late fees will be waived if the boiler is:
    • (1) located in the disaster area;
    • (2) inspected on or after the date of the declared disaster; and
    • (3) not already past due, as of the date of the declared disaster for either of the following:
      • (A) the inspection was conducted after Certificate of Operation had already expired; or
      • (B) the boiler was not eligible for a current Certificate of Operation for prior fees owed.

Subchapter F. Continuing Education Requirements.

56.60. Driver Education Instructors.

Renewal and continuing education. The continuing education requirement in 16 TAC §84.44(c) (relating to Driver Education Instructor License) for Instructors is extended through and must be completed within 90 days after the recovery period.

Subchapter G. Fee Waivers.

56.70. Fee Waivers.

  • (a) The department may reduce license fees for out-of-state applicants as deemed necessary by the executive director.
  • (b) The following fees are waiver:
    • (1) Renewal and late fees occurring during the disaster; and
    • (2) Duplicate license fees.

Subchapter H. Sanctions and Administrative Penalties.

56.80. Administrative Penalties and Sanctions.

A person that violates a rule or statute related to a program or license type under this chapter, a rule, or an order of the Executive Director or Commission relating to a rule or statute related to a program or license type, will be subject to administrative sanctions and/or administrative penalties under Texas Occupations Code, Chapter 51, and any program related rules.