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House Bill 2310 |
House Author: Kuempel |
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Effective: See below |
Senate Sponsor: Williams |
House Bill 2310 amends Occupations Code provisions relating to the powers and duties of the Texas Commission of Licensing and Regulation and the Texas Department of Licensing and Regulation. The bill sets out requirements relating to the appointment and functions of advisory boards and specifies the authorized methods of paying regulatory fees, fines, penalties, and charges. The bill requires the executive director of the department by rule to prescribe notice procedures for proceedings relating to an administrative penalty that provide for notice by certified mail with electronic return receipt and authorizes the executive director to issue emergency orders using prescribed procedures and a cease and desist order under certain conditions. The department is authorized to issue and enforce subpoenas in connection with the investigation of an alleged violation of a statute or rule.
House Bill 2310 prohibits a civil penalty assessed to a person that appears to be in violation of or threatening to violate a law establishing a regulatory program administered by the department or a rule or order of the commission or executive director related to the regulatory program from exceeding $5,000 per day for each violation. The bill authorizes, rather than requires, the commission to revoke, suspend, or refuse to renew a license or to reprimand a license holder for such a violation, and also authorizes the commission to deny a license application on those grounds. The bill provides that a person whose license has been revoked by order of the commission or executive director is not eligible for a new license until the first anniversary of the date of the revocation, and authorizes the commission to deny, suspend, revoke, or refuse to renew a license or other authorization issued by a program regulated by the department if the commission determines that a deferred adjudication makes the person holding or seeking the license unfit for the license. The bill requires the commission, in making such a determination, to consider prescribed factors to determine whether the conviction relates to the person's occupation, and to consider department guidelines. The bill authorizes the commission to adopt rules to allow a license holder to place a license issued by the department on inactive status and sets out requirements and exemptions for the holder of an inactive license.
House Bill 2310 authorizes the commission to determine that a person is not eligible for a license based on the person's criminal history or certain other information; authorizes a person, before applying for a license from the department, to request that the department issue a letter determining whether the person would be eligible for the license; sets out requirements for the submission of the request and issuance of the determination letter; and establishes the department's powers to investigate a determination request and the binding authority of a determination letter. The bill authorizes the department to require a testing service to collect a fee for administering a license examination from a person taking the examination. The bill authorizes the commission by rule to provide for the issuance of a temporary license, authorizes the executive director to issue an emergency license, and establishes the requirements for and the scope and terms of such licenses.
House Bill 2310 takes effect September 1, 2009, except provisions relating to a license placed on inactive status, license eligibility requirements regarding an applicant's background, and determination letters, which take effect May 1, 2010.