Texas Department of Licensing and Regulation:

An Inventory of Department of Licensing and Regulation Records at the Texas State Archives, 1971-1998, 2002-2006

Agency History

The Texas Bureau of Labor Statistics was created in 1909 (House Bill 109, 31st Texas Legislature), headed by a commissioner appointed by the governor for a two-year term. The bureau was charged with collecting statistical information concerning the commercial, social, educational, and sanitary conditions of Texas employees and their families. Gradually the legislature added powers of administration and enforcement of industrial laws affecting the welfare of employees, employers and the general public, including wages, hours, timeliness of payment, health, safety, morals, child labor, etc. As of 1972, there were seven divisions: Labor Law, Safety, Employment Agency (to staff the Private Employment Agency Regulatory Board), Boxing and Wrestling, Boiler Inspection, Mobile Homes (to inspect electrical, plumbing, and heating, and body and frame design and construction of manufactured housing), and Accounting and Personnel. There were eventually twenty investigative field offices. In 1973 (House Bill 901, 63rd Texas Legislature) the name was changed to the Texas Department of Labor and Standards. The commissioner of the Department of Labor and Standards was advised by the following advisory bodies: the Private Employment Agency Regulatory Board, the Performance Certification Board for Mobile Homes, the Board of Boiler Rules, the Industrialized Building Code Council, the Manufactured Homeowners' Recovery Fund Board of Trustees, and the Air Conditioning and Refrigeration Contractors Advisory Board.

In 1989 (House Bill 863, 71st Texas Legislature), not only was the agency's name changed again, to Texas Department of Licensing and Regulation, but a six-member Commission of Licensing and Regulation, appointed by the governor to six-year overlapping terms and confirmed by the Senate, was created to act as the governing body. Purely labor functions were transferred to the Texas Employment Commission (renamed the Texas Workforce Commission in 1995). The Texas Department of Licensing and Regulation became the state's umbrella occupational regulatory agency, responsible for the regulation of 23 occupations and industries. As of January 2007, these areas include the following programs: eleven businesses and occupations (barbering, combative sports, cosmetologists, for-profit legal services, loss damage waivers, personnel employment services, service contract providers, staff leasing services, talent agencies, temporary common worker providers, and vehicle protection product warrantors), three professions (auctioneers, licensed court interpreters, property tax consultants), six building and mechanical industries (air conditioning and refrigeration, architectural barriers, boiler safety, electricians, elevator/escalator safety, industrialized housing and buildings), and three natural resources industries (water well drillers, water well pump installers, weather modification). In 2005 (Senate Bill 411, 79th Texas Legislature), the Texas Board of Barber Examiners and the Texas Cosmetology Commission were both abolished, and those functions transferred to the Texas Department of Licensing and Regulation. The commission issues licenses, certificates, or registrations; manages records; investigates complaints; and pursues appropriate legal remedies.

The commission, increased to seven members in 2003 (Senate Bill 279, 78th Texas Legislature), and the executive director whom the commission appoints, are assisted by the following advisory bodies: the Air Conditioning and Refrigeration Contractors Advisory Board (six members), the Architectural Barriers Advisory Committee (nine members), the Auctioneer Education Advisory Board (eight members), the Barbering Advisory Board (five members), the Board of Boiler Rules (nine members), the Texas Cosmetology Advisory Board (five members), the Electrical Safety and Licensing Advisory Board (nine members), the Elevator Advisory Board (thirteen members), the Texas Industrialized Building Code Council (twelve members), the Licensed Court Interpreter Advisory Board (nine members), the Medical Advisory Committee (unknown number of members), the Property Tax Consultants Advisory Council (six members), the Service Contract Providers Advisory Board (six members), the Water Well Drillers Advisory Council (nine members), and the Texas Weather Modification Advisory Committee (five members).

(Sources include: Guide to Texas State Agencies, 4th edition (1972) and 11th edition (2001); the article on "Texas Department of Licensing and Regulation" by John G. Johnson in the New Handbook of Texas online; the agency web site (http://www.license.state.tx.us/about.htm) (both websites accessed January 2007); and the enabling legislation, 1909, 1973, 1989, 2003, 2005.)

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Scope and Contents of the Records

The Texas Department of Licensing and Regulation--and its predecessor the Texas Department of Labor and Standards (1973-1989)--is charged with the administration and enforcement of industrial laws affecting the welfare (including health and safety) of employees, employers and the general public in Texas. In 1989, purely labor functions were transferred to the Texas Employment Commission, and the new Texas Department of Licensing and Regulation became the state's umbrella occupational regulatory agency, responsible for the regulation of 23 occupations and industries. These functions (particularly the latter) are documented in these records, which include minutes, summaries of minutes, agenda, meeting attachments (correspondence, memoranda, reports, rules, litigation, attendance sheets, transcripts, etc.), press releases, and a brochure, dating 1971-1998 and 2002-2006.

The copies of the Commission summaries of minutes, for meetings of the Texas Commission of Licensing and Regulation, date 1989-1997 and 2002-2006. Each one contains a certification by the agency's general counsel. These summaries briefly but thoroughly explain the actions of the commission on rules proposed and adopted, final orders, final actions on dockets, legislative appropriations requests and budgets, legislation, litigation, status of the Homeowners Recovery Fund, appointments to committees and other advisory bodies, personnel actions, etc.

Advisory bodies minutes and agenda include copies of the minutes, summaries of minutes, occasional agenda, and attachments (correspondence, memoranda, reports, rules, litigation, attendance sheets, transcripts, etc.), for meetings of the various advisory bodies which assisted the commissioner of the Texas Department of Labor and Standards (1973-1989), and then the members of the Texas Commission of Licensing and Regulation (1989 onward). Overall dates for these meeting files are 1971-1998. In roughly chronological order, these advisory bodies (with the dates of coverage) include the following: Performance Certification Board for Mobile Homes (1971-1975); Board of Boiler Rules (1976-1998); Industrialized Building Code Council (1985-1997); Manufactured Homeowners' Recovery Fund Board of Trustees (1988-1989); Air Conditioning and Refrigeration Contractors Advisory Board (1988-1997); Property Tax Consultants Advisory Council (1992-1995); Architectural Barriers Advisory Committee (1992-1997); Auctioneer Education Advisory Board (1993-1997); and Elevator Advisory Board (1993-1997).

Press releases for the Texas Department of Labor and Standards (1975, 1978, 1980-1981, 1983-1985), and the Texas Department of Licensing and Regulation (1991-1992, 1994-1996, 1998), cover the department's regulation of boxing, boilers, manufactured housing, child labor, private employment agencies, the elimination of architectural barriers, and air conditioning/refrigeration equipment, and announce several changes of executive directors. A 1990 brochure gives a short history of the department, briefly explains eleven of the laws governing those occupations and industries regulated by the department, answers most frequently asked questions, and gives contact information for the eight field offices.

To prepare this inventory, the described materials were cursorily reviewed to delineate series, to confirm the accuracy of contents lists, to provide an estimate of dates covered, and to determine record types.

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Restrictions

Restrictions on Access

Materials do not circulate, but may be used in the State Archives search room (Room 100). Materials will be retrieved from and returned to storage areas by staff members.

Restrictions on Use

Most records created by Texas state agencies are not copyrighted and may be freely used in any way. State records also include materials received by, not created by, state agencies. Copyright remains with the creator. The researcher is responsible for complying with U.S. Copyright Law (Title 17 U.S.C.).

Technical Requirements

None.

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Related Material

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Administrative Information

Preferred Citation

(Identify the item and cite the series), Texas Department of Licensing and Regulation records. Archives and Information Services Division, Texas State Library and Archives Commission.

Accession Information

Accession numbers: 1998/160, 2003/052, 2004/058, 2005/071, 2006/037, 2006/254, 2006/259, 2007/005, 2007/084

These records were transferred to the Archives and Information Services Division of the Texas State Library and Archives Commission by the Texas Department of Licensing and Regulation on June 9, 1998; October 21, 2002; November 14, 2003; December 20, 2004; October 25, 2005; and September 11, 2006; and by the Texas Legislative Reference Library on January 26, 2006; and January 19, 2007.

Processing Information

Tony Black, June 1998, November 2005, January 2007

Accruals

The Texas Department of Licensing and Regulation transfers summaries of minutes to the Texas State Archives on a regular basis.

Other Formats for the Records

The Texas Department of Licensing and Regulation mounts its most recent minutes and agenda (in HTML format) on the agency web site (http://www.license.state.tx.us/agendas.htm#prevtclr). The Department has also posted previous Advisory Board meeting agendas, minutes and RealAudio files (in a variety of HTML, PDF, and Microsoft Word formats) on the agency web site (http://www.license.state.tx.us/adbdmeetings.htm).

Location of Originals

The record copies of minutes and agenda are maintained by the Texas Department of Licensing and Regulation.

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Detailed Description of the Records

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