73R9871 DLF-F
          By Cain, Berlanga                                     H.B. No. 1479
          Substitute the following for H.B. No. 1479:
          By Berlanga                                       C.S.H.B. No. 1479
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of optometry and to the continuation and
    1-3  functions of the Texas Optometry Board; providing penalties.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 1.02, Texas Optometry Act (Article
    1-6  4552-1.02, Vernon's Texas Civil Statutes), is amended by amending
    1-7  Subdivisions (1), (2), (6), and (7) and adding Subdivisions (9) and
    1-8  (10) to read as follows:
    1-9              (1)  The "practice of optometry" is defined to be the
   1-10  employment of objective or subjective means, with or without the
   1-11  use of topical ocular pharmaceutical agents, for the purpose of
   1-12  ascertaining and measuring the powers of vision of the human eye,
   1-13  examining and diagnosing visual defects, abnormal conditions, and
   1-14  diseases of the human eye and adnexa, and prescribing or fitting
   1-15  lenses or prisms to correct or remedy any defect or abnormal
   1-16  condition of vision.  Nothing herein shall be construed to permit
   1-17  optometrists to treat the eyes for any defect whatsoever in any
   1-18  manner nor to administer nor to prescribe any drug or physical
   1-19  treatment whatsoever, unless such optometrist is a regularly
   1-20  licensed physician, <or> surgeon, or therapeutic optometrist under
   1-21  the laws of this state.  <Nothing herein shall be construed to
   1-22  prevent selling ready-to-wear spectacles or eyeglasses as
   1-23  merchandise at retail, nor to prevent simple repair jobs.>
   1-24              (2)  "Ascertaining and measuring the powers of vision
    2-1  of the human eye" shall be construed to include:
    2-2                    (A)  The examination of the eye to diagnose
    2-3  <ascertain> the presence of defects or abnormal conditions which
    2-4  may be corrected, remedied, or relieved, or the effects of which
    2-5  may be corrected, remedied, or relieved by the use of lenses or
    2-6  prisms, or
    2-7                    (B)  The employment of any objective or
    2-8  subjective means to determine the accommodative or refractive
    2-9  condition or the range or powers of vision or <of> muscular
   2-10  equilibrium of the human eye, or
   2-11                    (C)  The employment of any objective or
   2-12  subjective means for the examination of the human vision system for
   2-13  the purpose of ascertaining any departure from the normal,
   2-14  measuring its power of vision or adapting lenses or prisms for the
   2-15  aid or relief thereof, and it shall be construed as a violation of
   2-16  this Act, for any person not a licensed optometrist, therapeutic
   2-17  optometrist, or physician to do any one act or thing, or any
   2-18  combination of acts or things, named or described in this
   2-19  subdivision; provided, that nothing herein shall be construed to
   2-20  permit optometrists to treat the eye for any defect whatsoever in
   2-21  any manner, nor to administer any drug or physical treatment
   2-22  whatsoever, unless said optometrist is a therapeutic optometrist or
   2-23  a duly licensed physician and surgeon, under the laws of this
   2-24  state.
   2-25              (6)  A <Nothing in this Act shall be construed as
   2-26  preventing a> licensed optometrist or therapeutic optometrist may
   2-27  perform <from performing> vision therapy, hand-eye coordination
    3-1  exercises, visual training, and developmental vision therapy and
    3-2  may evaluate and remediate<, or from the evaluation and remediation
    3-3  of> learning or behavioral disabilities associated with or caused
    3-4  by <a> defective or abnormal conditions <condition> of vision.
    3-5              (7)  The "practice of therapeutic optometry" means the
    3-6  employment of objective or subjective means for the purpose of
    3-7  ascertaining and measuring the powers of vision of the human eye,
    3-8  examining and diagnosing visual defects, abnormal conditions, and
    3-9  diseases of the human eye and adnexa, prescribing or fitting lenses
   3-10  or prisms to correct or remedy a defect or abnormal condition of
   3-11  vision, administering or prescribing a drug or physical treatment
   3-12  in the manner authorized by this Act, and treating the eye and
   3-13  adnexa as authorized by this Act without the use of surgery or
   3-14  laser surgery.
   3-15              (9)  "Optometrist" means a person licensed under this
   3-16  Act and authorized to engage in the practice of optometry.
   3-17              (10)  "Therapeutic optometrist" means a person licensed
   3-18  under this Act and authorized to engage in the practice of
   3-19  therapeutic optometry.
   3-20        SECTION 2.  Sections 2.01 and 2.01a, Texas Optometry Act
   3-21  (Articles 4552-2.01 and 4552-2.01a, Vernon's Texas Civil Statutes),
   3-22  are amended to read as follows:
   3-23        Sec. 2.01.  Board created.  The Texas Optometry Board is
   3-24  created.  The board is composed of nine members appointed by the
   3-25  governor with the advice and consent of the Senate.  Appointments
   3-26  to the board shall be made without regard to the race, color,
   3-27  disability <creed>, sex, age, religion, or national origin of the
    4-1  appointees.
    4-2        Sec. 2.01a.  Sunset Provision.  The Texas Optometry Board is
    4-3  subject to Chapter 325, Government Code (Texas Sunset Act).  Unless
    4-4  continued in existence as provided by that chapter, the board is
    4-5  abolished and this Act expires September 1, 2005 <1993>.
    4-6        SECTION 3.  Section 2.02, Texas Optometry Act (Article
    4-7  4552-2.02, Vernon's Texas Civil Statutes), is amended by amending
    4-8  Subsections (b), (d), and (i) and adding Subsection (j) to read as
    4-9  follows:
   4-10        (b)  Three members must be representatives of the general
   4-11  public.  A person is not eligible for appointment as a public
   4-12  member of the board if the person or the person's spouse:
   4-13              (1)  is registered, certified, or licensed by an
   4-14  occupational regulatory agency in the field of health care;
   4-15              (2)  is employed by or participates in the management
   4-16  of or is an officer or paid consultant of a business entity or
   4-17  other organization that provides health-care services or that
   4-18  sells, manufactures, or distributes health-care supplies or
   4-19  equipment; <or>
   4-20              (3)  owns, controls, or has, directly or indirectly, a
   4-21  financial interest in a business entity or other organization that
   4-22  provides health-care services or that sells, manufactures, or
   4-23  distributes health-care supplies or equipment; or
   4-24              (4)  uses or receives a substantial amount of tangible
   4-25  goods, services, or funds from the board, other than compensation
   4-26  or reimbursement authorized by law for board membership,
   4-27  attendance, or expenses.
    5-1        (d)  A person <who is required to register as a lobbyist
    5-2  under Chapter 305, Government Code,> may not serve as a member of
    5-3  the board or act as the general counsel to the board if the person
    5-4  is required to register as a lobbyist under Chapter 305, Government
    5-5  Code, because of the person's activities for compensation on behalf
    5-6  of a profession related to the operation of the board.
    5-7        (i)  A <No> person may not serve more than two complete terms
    5-8  <a total of 12 years> on the board.  Time served on the board prior
    5-9  to September 1, 1981, shall not count toward this limitation.
   5-10        (j)  Each board member shall comply with the board member
   5-11  training requirements established by any other state agency that is
   5-12  given authority to establish the requirements for the board.
   5-13        SECTION 4.  Sections 2.06(a), (b), (c), and (f), Texas
   5-14  Optometry Act (Article 4552-2.06, Vernon's Texas Civil Statutes),
   5-15  are amended to read as follows:
   5-16        (a)  The board shall preserve a record of its proceedings <in
   5-17  a book kept for that purpose>.
   5-18        (b)  A record shall be kept showing the name, age, and
   5-19  present legal and mailing address of each applicant for
   5-20  examination, the name and location of the school of optometry from
   5-21  which the applicant <he> holds credentials, and the time devoted to
   5-22  the study and practice of optometry, together with such information
   5-23  as the board may desire to record.  Said record shall also show
   5-24  whether applicants were rejected or licensed and shall be prima
   5-25  facie evidence of all matters therein contained.  The executive
   5-26  director <secretary of the board> shall on or before September
   5-27  <March> 1 of each year send a certified copy of said record to the
    6-1  secretary of state for permanent record.  A certified copy of said
    6-2  record with the hand and seal of the executive director <secretary
    6-3  of said board> to the secretary of state, shall be admitted as
    6-4  evidence in all courts.
    6-5        (c)  Every license and annual renewal certificate issued
    6-6  shall be numbered and recorded <in a book kept> by the executive
    6-7  director <secretary of the board>.
    6-8        (f)  The board shall maintain <an information file about
    6-9  each> complaint files in accordance with Section 4.06 of this Act
   6-10  <filed with the board relating to a licensee.  If a written
   6-11  complaint is filed with the board relating to a licensee, the
   6-12  board, at least as frequently as quarterly and until final
   6-13  disposition of the complaint, shall notify the parties to the
   6-14  complaint of the status of the complaint unless the notification
   6-15  would jeopardize an undercover investigation>.
   6-16        SECTION 5.  Section 2.08, Texas Optometry Act (Article
   6-17  4552-2.08, Vernon's Texas Civil Statutes), is amended by amending
   6-18  Subsections (b) and (c) and adding Subsections (d), (e), (f), and
   6-19  (g) to read as follows:
   6-20        (b)  The executive director <of the board> or the executive
   6-21  director's <his> designee shall develop an intra-agency
   6-22  <intraagency> career ladder program.  The program shall require
   6-23  intra-agency<, one part of which shall be the intraagency> posting
   6-24  of all nonentry level positions concurrently with <for at least 10
   6-25  days before> any public posting.
   6-26        (c)  The executive director <of the board> or the executive
   6-27  director's <his> designee shall develop a system of annual
    7-1  performance evaluations based on measurable job tasks.  All merit
    7-2  pay for board employees must be based on the system established
    7-3  under this subsection.
    7-4        (d)  The executive director or the executive director's
    7-5  designee shall prepare and maintain a written policy statement to
    7-6  ensure implementation of a program of equal opportunity under which
    7-7  all personnel transactions are made without regard to race, color,
    7-8  disability, sex, religion, age, or national origin.  The policy
    7-9  statement must include:
   7-10              (1)  personnel policies, including policies relating to
   7-11  recruitment, evaluation, selection, appointment, training, and
   7-12  promotion of personnel, that are in compliance with requirements of
   7-13  the Commission on Human Rights Act (Article 5221k, Vernon's Texas
   7-14  Civil Statutes) and its subsequent amendments;
   7-15              (2)  a comprehensive analysis of the board work force
   7-16  that meets federal and state guidelines;
   7-17              (3)  procedures by which a determination can be made of
   7-18  significant underuse in the board work force of all persons for
   7-19  whom federal or state guidelines encourage a more equitable
   7-20  balance; and
   7-21              (4)  reasonable methods to appropriately address those
   7-22  areas of significant underuse.
   7-23        (e)  A policy statement prepared under Subsection (d) of this
   7-24  section must cover an annual period, be updated annually, be
   7-25  reviewed by the  Commission on Human Rights for compliance with
   7-26  Subsection (d)(1) of this section, and be filed with the governor's
   7-27  office.
    8-1        (f)  The governor's office shall deliver a biennial report to
    8-2  the legislature based on information received under Subsection (e)
    8-3  of this section.  The report may be made separately or as part of
    8-4  other biennial reports made to the legislature.
    8-5        (g)  The board shall develop and implement policies that
    8-6  clearly define the respective responsibilities of the board and the
    8-7  staff of the board.
    8-8        SECTION 6.  Sections 2.10 and 2.11, Texas Optometry Act
    8-9  (Articles 4552-2.10 and 4552-2.11, Vernon's Texas Civil Statutes),
   8-10  are amended to read as follows:
   8-11        Sec. 2.10.  Proceedings; subpoenas; oaths.  The board, any
   8-12  committee, or any member thereof, shall have the power to issue
   8-13  subpoenas and subpoenas duces tecum to compel the attendance of
   8-14  witnesses and the production of books, records and documents, to
   8-15  administer oaths and to take testimony concerning all matters
   8-16  within the <its or his> jurisdiction of the board, committee, or
   8-17  member.  The board shall not be bound by strict rules of procedure
   8-18  or by the laws of evidence in the conduct of its proceedings but
   8-19  the determination shall be founded upon sufficient legal evidence
   8-20  to sustain it.
   8-21        Sec. 2.11.  BOND OF EXECUTIVE DIRECTOR <SECRETARY-TREASURER>.
   8-22  Before entering upon the discharge of the duties of <his> office,
   8-23  the executive director <secretary-treasurer of the board> shall
   8-24  give such bond for the performance of the executive director's
   8-25  <his> duties as the board may require, the premium of which is to
   8-26  be paid from funds in the possession of the board.
   8-27        SECTION 7.  Sections 2.15(a), (b), and (d), Texas Optometry
    9-1  Act (Article 4552-2.15, Vernon's Texas Civil Statutes), are amended
    9-2  to read as follows:
    9-3        (a)  Except as provided by Subsection (b) of this section,
    9-4  the fund realized from all fees payable under this Act shall first
    9-5  be applied to the payment of all necessary expenses of the board,
    9-6  and the remainder shall be applied, by order of the board, to
    9-7  compensate members of the board.  Each member of the board is
    9-8  entitled to a per diem as set by legislative appropriation for each
    9-9  day that the member engages in the business of the board.  A member
   9-10  may be compensated <not receive any compensation> for actual travel
   9-11  expenses, including expenses for meals and lodging and<, other
   9-12  than> transportation expenses.  A member is entitled to
   9-13  compensation for transportation expenses as provided by the General
   9-14  Appropriations Act.  Each board member shall make out, under oath,
   9-15  a complete statement of the number of days engaged and the amount
   9-16  of the member's <his> expenses when presenting same for payment.
   9-17        (b)  The funds realized from annual renewal fees shall be
   9-18  distributed as follows:  15 percent <$10> of each renewal fee
   9-19  collected by the board under Section 3.03 of this Act shall be
   9-20  dedicated to the University of Houston Development Fund.  The
   9-21  license money placed in the development fund pursuant hereto shall
   9-22  be utilized solely for scholarships and improvements in the
   9-23  physical facilities, including library, of the College <School> of
   9-24  Optometry.
   9-25        The remainder of the fees attributable to annual renewal fees
   9-26  and all other fees payable under this Act shall be placed in the
   9-27  state treasury to the credit of a special fund to be known as the
   10-1  "Optometry Fund," and the comptroller shall upon requisition of the
   10-2  board from time to time draw warrants upon the state treasurer for
   10-3  the amounts specified in such requisition; provided, however, the
   10-4  fees from this optometry fund shall be expended as specified by
   10-5  itemized appropriation in the General Appropriations bill and shall
   10-6  be used by the Texas Optometry Board, and under its direction in
   10-7  carrying out its statutory duties.
   10-8        (d)  The <On or before January 1 of each year, the> board
   10-9  shall file annually with <make in writing to> the governor and the
  10-10  presiding officer of each house of the legislature a complete and
  10-11  detailed written <annual> report accounting for all funds received
  10-12  and disbursed by the board during the preceding fiscal year.  The
  10-13  annual report must be in the form and reported in the time provided
  10-14  by the General Appropriations Act.
  10-15        SECTION 8.  Article 2, Texas Optometry Act (Article 4552-2.01
  10-16  et seq., Vernon's Texas Civil Statutes), is amended by adding
  10-17  Sections 2.16, 2.17, 2.18, and 2.19 to read as follows:
  10-18        Sec. 2.16.  QUALIFICATIONS FOR OFFICE OR EMPLOYMENT.  The
  10-19  board shall provide to its members and employees, as often as
  10-20  necessary, information regarding their qualification for office or
  10-21  employment under this Act and their responsibilities under
  10-22  applicable law relating to standards of conduct for state officers
  10-23  or employees.
  10-24        Sec. 2.17.  PUBLIC INTEREST INFORMATION.  (a)  The board
  10-25  shall prepare information of public interest describing the
  10-26  functions of the board and the board's procedures by which
  10-27  complaints are filed with and resolved by the board.  The board
   11-1  shall make the information available to the public and appropriate
   11-2  state agencies.
   11-3        (b)  The board by rule shall establish methods by which
   11-4  consumers and service recipients are notified of the name, mailing
   11-5  address, and telephone number of the board for the purpose of
   11-6  directing complaints to the board.  The board may provide for that
   11-7  notification:
   11-8              (1)  on each registration form, application, or written
   11-9  contract for services of an individual or entity regulated under
  11-10  this Act;
  11-11              (2)  on a sign prominently displayed in the place of
  11-12  business of each individual or entity regulated under this Act; or
  11-13              (3)  in a bill for services provided by an individual
  11-14  or entity regulated under this Act.
  11-15        (c)  The board shall list along with its regular telephone
  11-16  number the toll-free telephone number that may be called to present
  11-17  a complaint about a health professional if the toll-free number is
  11-18  established under other state law.
  11-19        Sec. 2.18.  PUBLIC PARTICIPATION IN BOARD HEARINGS.  The
  11-20  board shall develop and implement policies that provide the public
  11-21  with a reasonable opportunity to appear before the board and to
  11-22  speak on any issue under the jurisdiction of the board.
  11-23        Sec. 2.19.  PROGRAM ACCESSIBILITY.  The board shall prepare
  11-24  and maintain a written plan that describes how a person who does
  11-25  not speak English can be provided reasonable access to the board's
  11-26  programs.  The board shall also comply with federal and state laws
  11-27  for program and facility accessibility.
   12-1        SECTION 9.  Section 3.01, Texas Optometry Act (Article
   12-2  4552-3.01, Vernon's Texas Civil Statutes), is amended to read as
   12-3  follows:
   12-4        Sec. 3.01.  Must pass examination.  Every person hereafter
   12-5  desiring to be licensed to practice therapeutic optometry in this
   12-6  state shall be required to pass the examination given by the Texas
   12-7  Optometry Board.  <However, the board may adopt substantive rules
   12-8  to authorize the waiver of this or other license requirements for
   12-9  an applicant with a valid license from another state having, at the
  12-10  time of the applicant's initial licensure in that state, license
  12-11  requirements and continuing education requirements substantially
  12-12  equivalent to those currently required in this state.> The
  12-13  examination must include examination in pharmacology and related
  12-14  pathology.
  12-15        SECTION 10.  Sections 3.02(a) and (b), Texas Optometry Act
  12-16  (Article 4552-3.02, Vernon's Texas Civil Statutes), are amended to
  12-17  read as follows:
  12-18        (a)  The applicant shall make application, furnishing to the
  12-19  executive director <secretary of the board>, on forms to be
  12-20  furnished by the board, satisfactory sworn evidence that the
  12-21  applicant <he> has attained the age of majority, is of good moral
  12-22  character, and has <at least graduated from a first grade high
  12-23  school, or has> a preliminary education equivalent to permit the
  12-24  applicant <him> to matriculate in The University of Texas, and that
  12-25  the applicant <he> has attended and graduated from a reputable
  12-26  <university or> college of optometry which meets with the
  12-27  requirements of the board, and such other information as the board
   13-1  may deem necessary for the enforcement of this Act.
   13-2        (b)  A college <university or school> of optometry is
   13-3  reputable whose entrance requirements and course of instruction are
   13-4  as high as those adopted by the better class of universities and
   13-5  schools of optometry and whose course of instruction shall be
   13-6  equivalent to not less than six terms of eight months each, and
   13-7  approved by the board.  Provided, however, that the provisions of
   13-8  this subsection shall only apply to those students enrolling in
   13-9  school from and after September 1, 1969 <the effective date of this
  13-10  Act>.
  13-11        SECTION 11.  Section 3.03, Texas Optometry Act (Article
  13-12  4552-3.03, Vernon's Texas Civil Statutes), is amended to read as
  13-13  follows:
  13-14        Sec. 3.03.  Fees.  (a)  The board shall establish reasonable
  13-15  and necessary fees so that the fees, in the aggregate, produce
  13-16  sufficient revenue to cover the cost of administering <for the
  13-17  administration of> this Act.  The fees established by the board
  13-18  under this section may include fees for examination,
  13-19  re-examination, issuance of a license, renewal of a license,
  13-20  issuance of a duplicate license, and other acts performed by or
  13-21  services provided by the board.  The board may not set a fee for an
  13-22  amount less than the amount of that fee on September 1, 1993.  The
  13-23  fees may be adjusted upward to reflect increased costs in the
  13-24  administration of this Act. <in amounts not to exceed:>
  13-25        <1.  Examination                                        $ 55>
  13-26        <2.  Re-examination                                       20>
  13-27        <3.  License                                              40>
   14-1        <4.  License renewal                                     135>
   14-2        <5.  Lost license                                         15>
   14-3  The board shall not maintain unnecessary fund balances, and fee
   14-4  amounts shall be set in accordance with this requirement.
   14-5        (b)  If anyone successfully passing the examination and
   14-6  meeting the requirements of the board has not paid the fee for
   14-7  issuance of a license within 90 days after having been notified by
   14-8  registered mail at the address given on the <his> examination
   14-9  papers, or at the time of the examination, that the person <he> is
  14-10  eligible for the license <same>, such person shall by the person's
  14-11  <his> own act have waived the <his> right to obtain the <his>
  14-12  license, and the board may at its discretion refuse to issue such
  14-13  license until such person has taken and successfully passed another
  14-14  examination.
  14-15        SECTION 12.  Section 3.03B, Texas Optometry Act (Article
  14-16  4552-3.03B, Vernon's Texas Civil Statutes), is amended by adding
  14-17  Subsections (c) and (d) to read as follows:
  14-18        (c)  The fee increase imposed by this section may not apply
  14-19  to a person who is not engaged in the practice of optometry or
  14-20  therapeutic optometry in this state at the time the fee is imposed.
  14-21        (d)  The fee increase imposed by this section may not be used
  14-22  to compute the amount dedicated to the University of Houston
  14-23  Development Fund under Section 2.15(b) of this Act.
  14-24        SECTION 13.  Sections 3.05 and 3.06, Texas Optometry Act
  14-25  (Articles 4552-3.05 and 4552-3.06, Vernon's Texas Civil Statutes),
  14-26  are amended to read as follows:
  14-27        Sec. 3.05.  Subjects of examination.  The examination shall
   15-1  consist of written, oral or practical tests, in practical,
   15-2  theoretical, and physiological optics, in theoretical and practical
   15-3  optometry, and in the anatomy, physiology and pathology of the eye
   15-4  as applied to optometry and in such other subjects as may be
   15-5  regularly taught in <all> recognized accredited colleges of
   15-6  optometry <standard optometric universities or schools>.
   15-7        Sec. 3.06.  Conduct of examination.  All examinations shall
   15-8  be conducted in writing and by such other means as the board shall
   15-9  determine adequate to ascertain the qualifications of applicants
  15-10  and in such manner as shall be entirely fair and impartial to all
  15-11  individuals and every recognized school of optometry.   If the
  15-12  written portion of the examination is not prepared by a national
  15-13  testing organization, the board shall have the written portion
  15-14  validated by an independent testing professional.  All applicants
  15-15  examined at the same time shall be given the same written
  15-16  examination.  Within 30 days after the date a licensing examination
  15-17  is administered under this Act, the board shall notify each
  15-18  examinee of the results of the examination.  However, if an
  15-19  examination is graded or reviewed by a national testing service,
  15-20  the board shall notify each examinee of the results of the
  15-21  examination within two weeks after the date the board receives the
  15-22  results from the testing service.  If the notice of the examination
  15-23  results will be delayed for more than 90 days after the examination
  15-24  date, the board shall notify each examinee of the reason for the
  15-25  delay before the 90th day.  If requested in writing by a person who
  15-26  fails the licensing examination administered under this Act, the
  15-27  board shall furnish the person with an analysis of the person's
   16-1  performance on the examination.
   16-2        SECTION 14.  Article 3, Texas Optometry Act (Article
   16-3  4552-3.01 et seq., Vernon's Texas Civil Statutes), is amended by
   16-4  adding Sections 3.08, 3.09, and 3.10 to read as follows:
   16-5        Sec. 3.08.  PROVISIONAL LICENSE FOR PERSON LICENSED IN
   16-6  ANOTHER STATE.  (a)  On application, the board shall grant a
   16-7  provisional license to practice optometry or therapeutic optometry.
   16-8  An applicant for a provisional license under this section must:
   16-9              (1)  be licensed in good standing as an optometrist or
  16-10  therapeutic optometrist in another state, the District of Columbia,
  16-11  or a territory of the United States that has licensing requirements
  16-12  that are substantially equivalent to the requirements of this Act;
  16-13              (2)  have passed a national or other examination
  16-14  recognized by the board relating to the practice of optometry or
  16-15  therapeutic optometry; and
  16-16              (3)  be sponsored by a person licensed by the board
  16-17  under this Act with whom the provisional license holder may
  16-18  practice under this section.
  16-19        (b)  An applicant for a provisional license may be excused
  16-20  from the requirement of Subsection (a)(3) of this section if the
  16-21  board determines that compliance with that subdivision constitutes
  16-22  a hardship to the applicant.
  16-23        (c)  A provisional license is valid until the date the board
  16-24  approves or denies the provisional license holder's application for
  16-25  a license.  The board shall issue a license under this Act to the
  16-26  holder of a provisional license under this section if:
  16-27              (1)  the provisional license holder passes the
   17-1  examination required by Section 3.01 of this Act;
   17-2              (2)  the board verifies that the provisional license
   17-3  holder has the academic and experience requirements for a license
   17-4  under this Act; and
   17-5              (3)  the provisional license holder satisfies any other
   17-6  license requirements under this Act.
   17-7        (d)  The board must complete the processing of a provisional
   17-8  license holder's application for a license not later than the 180th
   17-9  day after the date the provisional license is issued.  The board
  17-10  may extend this time as necessary to receive the results of an
  17-11  examination administered or graded by a testing organization.
  17-12        Sec. 3.09.  LIMITED LICENSE FOR CLINICAL FACULTY.   (a)  The
  17-13  board by rule may provide for the issuance of a limited license to
  17-14  a full-time clinical faculty member of an institution of higher
  17-15  education of this state who provides instruction in optometry or
  17-16  therapeutic optometry.
  17-17        (b)  A license under this section may authorize the faculty
  17-18  member to practice optometry or therapeutic optometry only on the
  17-19  premises of the institution of higher education and its affiliated
  17-20  teaching clinics and only as part of the institution's teaching
  17-21  program.
  17-22        (c)  The board by rule may adopt criteria and fees for
  17-23  issuance and renewal of a license under this section.
  17-24        Sec. 3.10.  INACTIVE STATUS.  The board by rule may provide
  17-25  for a person who holds a license under this Act to be placed on
  17-26  inactive status.
  17-27        SECTION 15.  Section 4.01, Texas Optometry Act (Article
   18-1  4552-4.01, Vernon's Texas Civil Statutes), is amended to read as
   18-2  follows:
   18-3        Sec. 4.01.  Annual renewal.  (a)  On or before January 1 of
   18-4  each year, every licensed optometrist and therapeutic optometrist
   18-5  in this state shall pay to <the secretary-treasurer of> the board
   18-6  an annual renewal fee for the renewal of a <his> license to
   18-7  practice optometry or therapeutic optometry for the current year.
   18-8  The amount of the fee shall be as determined by the board.  A
   18-9  person may renew an unexpired license by paying to the board before
  18-10  the expiration date of the license the required renewal fee.
  18-11        (b)  If a person's license has been expired for 90 <not more
  18-12  than 180> days or less, the person may renew the license by paying
  18-13  to the board the required renewal fee and a fee that is one-half of
  18-14  the examination fee for the license.
  18-15        (c)  If a person's license has been expired for longer than
  18-16  90 <more than 180> days but less than one year <three years>, the
  18-17  person may renew the license by paying to the board all unpaid
  18-18  renewal fees and a fee that is equal to the examination fee for the
  18-19  license.
  18-20        (d)  If a person's license has been expired for one year or
  18-21  longer <three years or more>, the person may not renew the license.
  18-22  The person may obtain a new license by submitting to reexamination
  18-23  and complying with the requirements and procedures for obtaining an
  18-24  original license.  However, the board may renew without examination
  18-25  an expired license of a person who was licensed in this state,
  18-26  moved to another state, and is currently licensed and has been in
  18-27  practice in the other state for the two years preceding
   19-1  application.  The person must pay to the board a fee that is equal
   19-2  to the examination fee for the license.
   19-3        (e)  At least 30 days before the expiration of a person's
   19-4  license, the board shall send written notice of the impending
   19-5  license expiration to the person at the person's last known address
   19-6  according to the records of the board.
   19-7        (f) <(b)>  On receipt of the required fees, the board shall
   19-8  issue an annual renewal certificate bearing the number of the
   19-9  license, the year for which renewed, and such other information
  19-10  from the records of the board as said board may deem necessary for
  19-11  the proper enforcement of this Act.
  19-12        (g) <(c)  When the person's license has been expired for
  19-13  three years, the board shall notify the county clerk of the county
  19-14  in which such license may have been recorded of the cancellation,
  19-15  and such clerk, upon receipt of such notice from said board, shall
  19-16  enter upon the optometry register of such county the fact that such
  19-17  license has been cancelled for nonpayment of annual renewal fee and
  19-18  shall notify the board in writing that such entry has been made.>
  19-19        <(d)>  Practicing optometry or therapeutic optometry without
  19-20  an annual renewal certificate for the current year as provided
  19-21  herein, shall have the same force and effect and be subject to all
  19-22  penalties of practicing optometry or therapeutic optometry without
  19-23  a license.
  19-24        SECTION 16.  Section 4.01B, Texas Optometry Act (Article
  19-25  4552-4.01B, Vernon's Texas Civil Statutes), is amended by amending
  19-26  Subsections (b), (c), and (e) and adding Subsections (f) and (g) to
  19-27  read as follows:
   20-1        (b)  The length of study required is 16 <12> hours per
   20-2  calendar year.  At least six hours of study per calendar year must
   20-3  be in the diagnosis or treatment of ocular disease.
   20-4        (c)  The continuing education requirements established by
   20-5  this section shall be fulfilled by attendance in continuing
   20-6  education courses sponsored by an accredited college of optometry
   20-7  or in a course approved by the board.  Attendance at a course of
   20-8  study shall be certified to the board on a form approved <provided>
   20-9  by the board and shall be submitted by each licensed optometrist
  20-10  and therapeutic optometrist in conjunction with the <his>
  20-11  application for renewal of the <his> license and submission of
  20-12  renewal fee.
  20-13        (e)  The <Licensees who have not complied with the
  20-14  requirement of this section may not be issued a renewal license,
  20-15  except for the> following persons <who> are exempt from the
  20-16  requirements of this section:
  20-17              (1)  a person who holds a Texas license but who does
  20-18  not practice optometry or therapeutic optometry in Texas;
  20-19              (2)  a licensee who served in the regular armed forces
  20-20  of the United States during part of the 12 months immediately
  20-21  preceding the annual license renewal date;
  20-22              (3)  a licensee who submits proof that the licensee
  20-23  <he> suffered a serious or disabling illness or physical disability
  20-24  which prevented the licensee <him> from complying with the
  20-25  requirements of this section during the 12 months immediately
  20-26  preceding the annual license renewal date; or
  20-27              (4)  a licensee first licensed within the 12 months
   21-1  immediately preceding the annual renewal date.
   21-2        (f)  The board may not issue a renewal license to a licensee
   21-3  who has not complied with the requirements of this section unless
   21-4  the licensee:
   21-5              (1)  provides the board with evidence acceptable to the
   21-6  board that the licensee has, since the expiration of the license,
   21-7  completed sufficient hours of approved continuing education courses
   21-8  to satisfy any deficiency in the previous year; and
   21-9              (2)  pays to the board the license renewal fee plus a
  21-10  penalty in an amount equal to the amount of the license renewal
  21-11  fee.
  21-12        (g)  Continuing education hours used by a licensee to satisfy
  21-13  a deficiency for a previous year under Subsection (f)(1) of this
  21-14  section may not be used to satisfy the requirements for the year in
  21-15  which they are earned.
  21-16        SECTION 17.  Sections 4.02 and 4.03, Texas Optometry Act
  21-17  (Articles 4552-4.02 and 4552-4.03, Vernon's Texas Civil Statutes),
  21-18  are amended to read as follows:
  21-19        Sec. 4.02.  Renewal after discharge from military.  Any
  21-20  licensed optometrist or therapeutic optometrist whose renewal
  21-21  certificate has expired while the licensee <he> has been engaged in
  21-22  active duty with any United States military service or with the
  21-23  United States Public Health Service, engaged in full-time federal
  21-24  service, or engaged in training or education under the supervision
  21-25  of the United States, preliminary to induction into the military
  21-26  service, may have the <his> renewal certificate reinstated without
  21-27  paying any lapsed renewal fee or registration fee, or without
   22-1  passing an examination, if within one year after termination of
   22-2  said service, training or education, other than by dishonorable
   22-3  discharge, the licensee <he> furnishes the board with affidavit to
   22-4  the effect that the licensee <he> has been so engaged and that the
   22-5  <his> service, training or education has been so terminated.
   22-6        Sec. 4.03.  Lost or destroyed license.  If any license issued
   22-7  under this law shall be lost or destroyed, the holder of said
   22-8  license shall make an affidavit of its loss or destruction, and
   22-9  that the person making the affidavit <he> is the same person to
  22-10  whom such license was issued, and such other information as may be
  22-11  desired by the board, and shall, upon payment of a fee set in
  22-12  accordance with Section 3.03 of this Act, <of $10> be granted a
  22-13  license under this law.
  22-14        SECTION 18.  Section 4.04, Texas Optometry Act (Article
  22-15  4552-4.04, Vernon's Texas Civil Statutes), is amended by amending
  22-16  Subsections (a), (b), and (e) and adding Subsection (g) to read as
  22-17  follows:
  22-18        (a)  By five or more votes, the board may refuse to issue a
  22-19  license to an applicant, revoke or suspend a license, place on
  22-20  probation a person whose license has been suspended, impose a fine,
  22-21  impose a stipulation, limitation, or condition relating to
  22-22  continued practice, including conditioning continued practice on
  22-23  counseling or additional education <probate a license suspension>,
  22-24  or reprimand a licensee if it finds that:
  22-25              (1)  the applicant or licensee is guilty of any fraud,
  22-26  deceit, dishonesty, or misrepresentation in the practice of
  22-27  optometry or therapeutic optometry or in <his> seeking admission to
   23-1  such practice;
   23-2              (2)  the applicant or licensee is unfit or incompetent
   23-3  by reason of negligence;
   23-4              (3)  the applicant or licensee has been convicted of a
   23-5  felony or a misdemeanor which involves moral turpitude;
   23-6              (4)  the applicant or licensee is an habitual drunkard
   23-7  or is addicted to the use of morphine, cocaine or other drugs
   23-8  having similar effect or has become insane or has been adjudged by
   23-9  a court of competent jurisdiction to be of unsound mind;
  23-10              (5)  the licensee has directly or indirectly employed,
  23-11  hired, procured, or induced a person, not licensed to practice
  23-12  optometry or therapeutic optometry in this state, to so practice;
  23-13              (6)  the licensee directly or indirectly aids or abets
  23-14  in the practice of optometry or therapeutic optometry any person
  23-15  not duly licensed to practice under this Act;
  23-16              (7)  the licensee lends, leases, rents or in any other
  23-17  manner places the <his> license at the disposal or in the service
  23-18  of any person not licensed to practice optometry or therapeutic
  23-19  optometry in this state;
  23-20              (8)  the applicant or licensee has willfully or
  23-21  repeatedly violated any of the provisions of this Act or a lawful
  23-22  rule of the board;
  23-23              (9)  the licensee has willfully or repeatedly
  23-24  represented to the public or any member thereof that the licensee
  23-25  <he> is authorized or competent to cure or treat diseases of the
  23-26  eye beyond the authorization granted in this Act; <or>
  23-27              (10)  the licensee has the <his> right to practice
   24-1  optometry or therapeutic optometry suspended or revoked by any
   24-2  federal agency for a cause which in the opinion of the board
   24-3  warrants such action;
   24-4              (11)  the applicant or licensee has engaged in conduct
   24-5  to deceive, defraud, or harm the public;
   24-6              (12)  the applicant or licensee is found by the board
   24-7  to be guilty of gross incompetence in the practice of optometry or
   24-8  therapeutic optometry;
   24-9              (13)  the applicant or licensee is found by the board
  24-10  to have engaged in a pattern of practice or other behavior that
  24-11  demonstrates a willful rendering of substandard care;
  24-12              (14)  the applicant or licensee commits an act of
  24-13  sexual abuse, misconduct, or exploitation with a patient or
  24-14  otherwise unethically or immorally abuses the doctor-patient
  24-15  relationship;
  24-16              (15)  the applicant or licensee prescribes, sells,
  24-17  administers, distributes or gives any drug legally classified as a
  24-18  controlled substance or as an addictive or dangerous drug for other
  24-19  than accepted diagnostic or therapeutic purposes;
  24-20              (16)  the applicant or licensee fails to report to the
  24-21  board the relocation of the applicant's or licensee's office not
  24-22  later than the 30th day after the relocation, whether in or out of
  24-23  this state; or
  24-24              (17)  the licensee practices or attempts to practice
  24-25  optometry while the licensee's license is under suspension.
  24-26        (b)  Any person may begin proceedings under this section by
  24-27  filing charges with the board in writing and under oath.  If
   25-1  charges are filed against a person or if the board proposes to
   25-2  refuse a person's application for a license or to suspend or revoke
   25-3  a person's license, the person is entitled to a hearing.  The State
   25-4  Office of Administrative Hearings shall conduct the hearing <before
   25-5  the board>.  Except as provided by Subsection (c) of this section,
   25-6  proceedings are governed by the Administrative Procedure and Texas
   25-7  Register Act<, as amended> (Article 6252-13a, Vernon's Texas Civil
   25-8  Statutes) and its subsequent amendments.
   25-9        (e)  Nothing in this Act shall be construed to prevent the
  25-10  administrator or executor of the estate of a deceased optometrist
  25-11  or therapeutic optometrist from employing a licensed optometrist or
  25-12  therapeutic optometrist to carry on the practice of such deceased
  25-13  during the administration of such estate nor to prevent a licensed
  25-14  optometrist or therapeutic optometrist from working for such person
  25-15  during the administration of the estate when the legal
  25-16  representative thereof has been authorized by the county judge to
  25-17  continue the operation of such practice.  Operation of a practice
  25-18  by an estate under this subsection must terminate before the first
  25-19  anniversary of the death of the optometrist or therapeutic
  25-20  optometrist.
  25-21        (g)  If a license suspension is probated, the board may
  25-22  require the licensee to:
  25-23              (1)  report regularly to the board on matters that are
  25-24  the basis of the probation;
  25-25              (2)  limit practice to the areas prescribed by the
  25-26  board; or
  25-27              (3)  continue or review professional education until
   26-1  the licensee attains a degree of skill satisfactory to the board in
   26-2  those areas that are the basis of the probation.
   26-3        SECTION 19.  Article 4, Texas Optometry Act (Article
   26-4  4552-4.01 et seq., Vernon's Texas Civil Statutes), is amended by
   26-5  adding Sections 4.05, 4.06, 4.07, 4.08, and 4.09 to read as
   26-6  follows:
   26-7        Sec. 4.05.  ADMINISTRATIVE PENALTIES.  (a)  The board may
   26-8  impose an administrative penalty against a person licensed or
   26-9  regulated under this Act who violates this Act or a rule or order
  26-10  adopted under this Act.
  26-11        (b)  The penalty for each violation may be in an amount not
  26-12  to exceed $2,500.  Each day a violation continues or occurs is a
  26-13  separate violation for purposes of imposing a penalty.
  26-14        (c)  The amount of the penalty shall be based on:
  26-15              (1)  the seriousness of the violation, including the
  26-16  nature, circumstances, extent, and gravity of any prohibited acts,
  26-17  and the hazard or potential hazard created to the health, safety,
  26-18  or economic welfare of the public;
  26-19              (2)  the economic harm to property or the environment
  26-20  caused by the violation;
  26-21              (3)  the history of previous violations;
  26-22              (4)  the amount necessary to deter future violations;
  26-23              (5)  efforts to correct the violation; and
  26-24              (6)  any other matter that justice may require.
  26-25        (d)  If the executive director or a subcommittee of the board
  26-26  appointed for that purpose determines that a violation has
  26-27  occurred, the executive director or subcommittee may issue to the
   27-1  board a report that states the facts on which the determination is
   27-2  based and the recommendation of the executive director or
   27-3  subcommittee on the imposition of a penalty, including a
   27-4  recommendation on the amount of the penalty.  A subcommittee of the
   27-5  board appointed under this subsection must include at least one
   27-6  public member of the board.
   27-7        (e)  Within 14 days after the date the report is issued, the
   27-8  executive director or subcommittee shall give written notice of the
   27-9  report to the person.  The notice may be given by certified mail.
  27-10  The notice must include a brief summary of the alleged violation
  27-11  and a statement of the amount of the recommended penalty and must
  27-12  inform the person that the person has a right to a hearing on the
  27-13  occurrence of the violation, the amount of the penalty, or both the
  27-14  occurrence of the violation and the amount of the penalty.
  27-15        (f)  Within 20 days after the date the person receives the
  27-16  notice, the person in writing may accept the determination and
  27-17  recommended penalty of the executive director or subcommittee, as
  27-18  applicable, or may make a written request for a hearing on the
  27-19  occurrence of the violation, the amount of the penalty, or both the
  27-20  occurrence of the violation and the amount of the penalty.
  27-21        (g)  If the person accepts the determination and recommended
  27-22  penalty of the executive director or subcommittee, as applicable,
  27-23  the board by order shall approve the determination and impose the
  27-24  recommended penalty.
  27-25        (h)  If the person requests a hearing or fails to respond
  27-26  timely to the notice, the executive director shall set a hearing
  27-27  and give notice of the hearing to the person.  The hearing shall be
   28-1  held by an administrative law judge of the State Office of
   28-2  Administrative Hearings.  The administrative law judge shall make
   28-3  findings of fact and conclusions of law.  The administrative law
   28-4  judge shall promptly issue to the board a proposal for a decision
   28-5  about the occurrence of the violation and the amount of a proposed
   28-6  penalty.  Based on the findings of fact, conclusions of law, and
   28-7  proposal for a decision, the board by order may find that a
   28-8  violation has occurred and impose a penalty or may find that no
   28-9  violation occurred.
  28-10        (i)  The notice of the board's order given to the person
  28-11  under the Administrative Procedure and Texas Register Act (Article
  28-12  6252-13a, Vernon's Texas Civil Statutes) and its subsequent
  28-13  amendments must include a statement of the right of the person to
  28-14  judicial review of the order.
  28-15        (j)  Within 30 days after the date the board's order is final
  28-16  as provided by Section 16(c), Administrative Procedure and Texas
  28-17  Register Act (Article 6252-13a, Vernon's Texas Civil Statutes), and
  28-18  its subsequent amendments, the person shall:
  28-19              (1)  pay the amount of the penalty;
  28-20              (2)  pay the amount of the penalty and file a petition
  28-21  for judicial review contesting the occurrence of the violation, the
  28-22  amount of the penalty, or both the occurrence of the violation and
  28-23  the amount of the penalty; or
  28-24              (3)  without paying the amount of the penalty, file a
  28-25  petition for judicial review contesting the occurrence of the
  28-26  violation, the amount of the penalty, or both the occurrence of the
  28-27  violation and the amount of the penalty.
   29-1        (k)  Within the 30-day period, a person who acts under
   29-2  Subsection (j)(3) of this section may:
   29-3              (1)  stay enforcement of the penalty by:
   29-4                    (A)  paying the amount of the penalty to the
   29-5  court for placement in an escrow account; or
   29-6                    (B)  giving to the court a supersedeas bond
   29-7  approved by the court for the amount of the penalty and that is
   29-8  effective until all judicial review of the board's order is final;
   29-9  or
  29-10              (2)  request the court to stay enforcement of the
  29-11  penalty by:
  29-12                    (A)  filing with the court a sworn affidavit of
  29-13  the person stating that the person is financially unable to pay the
  29-14  amount of the penalty and is financially unable to give the
  29-15  supersedeas bond; and
  29-16                    (B)  giving a copy of the affidavit to the
  29-17  executive director by certified mail.
  29-18        (l)  If the executive director receives a copy of an
  29-19  affidavit under Subsection (k)(2) of this section, the executive
  29-20  director may file with the court, within five days after the date
  29-21  the copy is received, a contest to the affidavit.  The court shall
  29-22  hold a hearing on the facts alleged in the affidavit as soon as
  29-23  practicable and shall stay the enforcement of the penalty on
  29-24  finding that the alleged facts are true.  The person who files an
  29-25  affidavit has the burden of proving that the person is financially
  29-26  unable to pay the amount of the penalty and to give a supersedeas
  29-27  bond.
   30-1        (m)  If the person does not pay the amount of the penalty and
   30-2  the enforcement of the penalty is not stayed, the executive
   30-3  director may refer the matter to the attorney general for
   30-4  collection of the amount of the penalty.
   30-5        (n)  Judicial review of the order of the board:
   30-6              (1)  is instituted by filing a petition as provided by
   30-7  Section 19, Administrative Procedure and Texas Register Act
   30-8  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
   30-9  subsequent amendments; and
  30-10              (2)  is under the substantial evidence rule.
  30-11        (o)  If the court sustains the occurrence of the violation,
  30-12  the court may uphold or reduce the amount of the penalty and order
  30-13  the person to pay the full or reduced amount of the penalty.  If
  30-14  the court does not sustain the occurrence of the violation, the
  30-15  court shall order that no penalty is owed.
  30-16        (p)  When the judgment of the court becomes final, the court
  30-17  shall proceed under this subsection.  If the person paid the amount
  30-18  of the penalty and if that amount is reduced or is not upheld by
  30-19  the court, the court shall order that the appropriate amount plus
  30-20  accrued interest be remitted to the person.  The rate of the
  30-21  interest is the rate charged on loans to depository institutions by
  30-22  the New York Federal Reserve Bank, and the interest shall be paid
  30-23  for the period beginning on the date the penalty was paid and
  30-24  ending on the date the penalty is remitted.  If the person gave a
  30-25  supersedeas bond and if the amount of the penalty is not upheld by
  30-26  the court, the court shall order the release of the bond.  If the
  30-27  person gave a supersedeas bond and if the amount of the penalty is
   31-1  reduced, the court shall order the release of the bond after the
   31-2  person pays the amount.
   31-3        (q)  A penalty collected under this section shall be remitted
   31-4  to the comptroller for deposit in the general revenue fund.
   31-5        (r)  All proceedings under this section are subject to the
   31-6  Administrative Procedure and Texas Register Act (Article 6252-13a,
   31-7  Vernon's Texas Civil Statutes) and its subsequent amendments.
   31-8        Sec. 4.06.  COMPLAINT PROCEDURE IN GENERAL.  (a)  The board
   31-9  shall keep an information file about each complaint filed with the
  31-10  board.  The board's information file shall be kept current and
  31-11  contain a record for each complaint of:
  31-12              (1)  all persons contacted in relation to the
  31-13  complaint;
  31-14              (2)  a summary of findings made at each step of the
  31-15  complaint process;
  31-16              (3)  an explanation of the legal basis and reason for a
  31-17  complaint that is dismissed; and
  31-18              (4)  other relevant information.
  31-19        (b)  If a written complaint is filed with the board that the
  31-20  board has authority to resolve, the board, at least as frequently
  31-21  as quarterly and until final disposition of the complaint, shall
  31-22  notify the parties to the complaint of the status of the complaint
  31-23  unless the notice would jeopardize an undercover investigation.
  31-24        (c)  The board by rule shall adopt a form to standardize
  31-25  information concerning complaints made to the board.  The board by
  31-26  rule shall prescribe information to be provided to a person when
  31-27  the person files a complaint with the board.
   32-1        (d)  The board shall provide reasonable assistance to a
   32-2  person who wishes to file a complaint with the board.
   32-3        Sec. 4.07.  COMPLAINT INVESTIGATION AND DISPOSITION.  (a)
   32-4  The board shall adopt rules concerning the investigation of a
   32-5  complaint filed with the board.  The rules adopted under this
   32-6  subsection shall:
   32-7              (1)  distinguish between categories of complaints;
   32-8              (2)  ensure that complaints are not dismissed without
   32-9  appropriate consideration;
  32-10              (3)  require that the board be advised of a complaint
  32-11  that is dismissed and that a letter be sent to the person who filed
  32-12  the complaint explaining the action taken on the dismissed
  32-13  complaint;
  32-14              (4)  ensure that the person who filed the complaint has
  32-15  an opportunity to explain the allegations made in the complaint;
  32-16  and
  32-17              (5)  prescribe guidelines concerning the categories of
  32-18  complaints that require the use of a private investigator and the
  32-19  procedures for the board to obtain the services of a private
  32-20  investigator.
  32-21        (b)  The board shall dispose of all complaints in a timely
  32-22  manner.  The board shall establish a schedule for conducting each
  32-23  phase of a complaint that is under the control of the board not
  32-24  later than the 30th day after the date the complaint is received by
  32-25  the board.  The schedule shall be kept in the information file for
  32-26  the complaint and all parties shall be notified of the projected
  32-27  time requirements for pursuing the complaint.  A change in the
   33-1  schedule must be noted in the complaint information file and all
   33-2  parties to the complaint must be notified not later than the
   33-3  seventh day after the date the change is made.
   33-4        (c)  The executive director shall notify the board of a
   33-5  complaint that extends beyond the time prescribed by the board for
   33-6  resolving the complaint so that the board may take necessary action
   33-7  on the complaint.
   33-8        Sec. 4.08.  MONITORING OF LICENSE HOLDER.  The board by rule
   33-9  shall develop a system for monitoring license holders' compliance
  33-10  with the requirements of this Act.  Rules adopted under this
  33-11  section shall include procedures for monitoring a license holder
  33-12  who is ordered by the board to perform certain acts to ascertain
  33-13  that the license holder performs the required acts and to identify
  33-14  and monitor license holders who represent a risk to the public.
  33-15        Sec. 4.09.  INFORMAL PROCEEDINGS.  (a)  The board by rule
  33-16  shall adopt procedures governing:
  33-17              (1)  informal disposition of a contested case under
  33-18  Section 13(e), Administrative Procedure and Texas Register Act
  33-19  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
  33-20  subsequent amendments; and
  33-21              (2)  informal proceedings held in compliance with
  33-22  Section 18(c), Administrative Procedure and Texas Register Act
  33-23  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
  33-24  subsequent amendments.
  33-25        (b)  Rules adopted under this section must provide the
  33-26  complainant and the licensee an opportunity to be heard and must
  33-27  require the presence of a representative of the office of the
   34-1  attorney general to advise the board or the board's employees.
   34-2        SECTION 20.  Sections 5.01, 5.02, 5.03, and 5.04, Texas
   34-3  Optometry Act (Articles 4552-5.01, 4552-5.02, 4552-5.03, and
   34-4  4552-5.04, Vernon's Texas Civil Statutes), are amended to read as
   34-5  follows:
   34-6        Sec. 5.01.  Display of license.  Every person practicing
   34-7  optometry or therapeutic optometry in this state shall display the
   34-8  person's <his> license or certificate in a conspicuous place in the
   34-9  principal office where the person <he> practices optometry or
  34-10  therapeutic optometry and whenever required, exhibit such license
  34-11  or certificate to said board, or its authorized representative, and
  34-12  whenever practicing said profession of optometry or therapeutic
  34-13  optometry outside of, or away from said office or place of
  34-14  business, the person <he> shall deliver to each person fitted with
  34-15  glasses a bill, which shall contain the person's <his> signature,
  34-16  post-office address, and number of the person's <his> license or
  34-17  certificate, together with a specification of the lenses and
  34-18  material furnished and the prices charged for the same
  34-19  respectively.
  34-20        Sec. 5.02.  LICENSEE INFORMATION.  Each licensee shall file
  34-21  with the board:
  34-22              (1)  the licensee's mailing address;
  34-23              (2)  the address of the licensee's residence;
  34-24              (3)  the mailing address of each of the licensee's
  34-25  offices; and
  34-26              (4)  the address for the location of each of the
  34-27  licensee's offices if that address is different from the office's
   35-1  mailing address <RECORDATION OF LICENSE.  It shall be unlawful for
   35-2  any person to practice optometry or therapeutic optometry within
   35-3  the limits of this state who has not registered and recorded his
   35-4  license in the office of the county clerk of the county in which he
   35-5  resides, and in each county in which he practices, together with
   35-6  his age, post-office address, place of birth, subscribed and
   35-7  verified by his oath.  The fact of such oath and record shall be
   35-8  endorsed by the county clerk upon the license.  The absence of
   35-9  record of such license in the office of the county clerk shall be
  35-10  prima facie evidence of the lack of the possession of such license
  35-11  to practice optometry or therapeutic optometry>.
  35-12        Sec. 5.03.  DUTY TO UPDATE INFORMATION.  Not later than the
  35-13  10th day after the date of a change in any of the information
  35-14  required to be filed with the board under Section 5.02 of this Act,
  35-15  the licensee shall file with the board a written notice of the
  35-16  change <OPTOMETRY REGISTER.  Each county clerk in this state shall
  35-17  purchase a book of suitable size, to be known as the "Optometry
  35-18  Register" of such county, and set apart at least one full page for
  35-19  the registration of each optometrist and therapeutic optometrist,
  35-20  and record in said optometry register the name and record of each
  35-21  optometrist and therapeutic optometrist who presents for record a
  35-22  license or certificate issued by the state board.  When an
  35-23  optometrist or therapeutic optometrist shall have his license
  35-24  revoked, suspended, or cancelled, said county clerk, upon being
  35-25  notified by the board, shall make a note of the fact beneath the
  35-26  record in the optometry register, which entry shall close the
  35-27  record and be prima facie evidence of the fact that the license has
   36-1  been so cancelled, suspended or revoked.  The county clerk of each
   36-2  county shall, upon the request of the secretary of the board,
   36-3  certify to the board a correct list of the optometrists and
   36-4  therapeutic optometrists then registered in the county, together
   36-5  with such other information as the board may require>.
   36-6        Sec. 5.04.  Practice without license; fraud; house-to-house.
   36-7  It shall be unlawful for any person to:
   36-8              (1)  falsely impersonate any person duly licensed as an
   36-9  optometrist or therapeutic optometrist under the provisions of this
  36-10  Act or to falsely assume another name;
  36-11              (2)  buy, sell, or fraudulently obtain any optometry
  36-12  diploma, optometry or therapeutic optometry license, record of
  36-13  registration or aid or abet therein;
  36-14              (3)  practice, offer, or represent to others that the
  36-15  person is <hold himself out as> authorized to practice optometry or
  36-16  therapeutic optometry or use in connection with the person's <his>
  36-17  name any designation tending to imply that the person <he> is a
  36-18  practitioner of optometry or therapeutic optometry if not licensed
  36-19  to practice under the provisions of this Act;
  36-20              (4)  practice optometry or therapeutic optometry during
  36-21  the time the <his> license shall be suspended or revoked;
  36-22              (5)  fill an expired contact lens prescription; or
  36-23              (6)  practice optometry or therapeutic optometry from
  36-24  house-to-house or on the streets or highways, notwithstanding any
  36-25  laws for the licensing of peddlers.  This shall not be construed as
  36-26  prohibiting an optometrist, therapeutic optometrist, or physician
  36-27  from attending, prescribing for and furnishing spectacles,
   37-1  eyeglasses or ophthalmic lenses to a person who is confined to the
   37-2  person's <his> abode by reason of illness or physical or mental
   37-3  infirmity, or in response to an unsolicited request or call, for
   37-4  such professional services.
   37-5        SECTION 21.  Section 5.09, Texas Optometry Act (Article
   37-6  4552-5.09, Vernon's Texas Civil Statutes), is amended by amending
   37-7  Subsection (c) and adding Subsection (h) to read as follows:
   37-8        (c)  Any advertisement of the price of prescription
   37-9  spectacles or contact lenses is required to contain the following
  37-10  information:
  37-11              (1)  a statement of whether or not the cost of an
  37-12  examination, prescription services, and follow-up care by an eye
  37-13  doctor is included in the price;
  37-14              (2)  if the advertised goods are to be available to the
  37-15  public at the advertised price for less than 30 days after the date
  37-16  of publication of the advertisement, the advertisement shall state
  37-17  the time limitation on the offer;
  37-18              (3)  if the advertised goods are to be available to the
  37-19  public in limited quantities and no rainchecks are given upon total
  37-20  depletion of the inventory of the goods advertised, the
  37-21  advertisement shall state the total quantity available to all
  37-22  customers; <and>
  37-23              (4)  if the advertised goods are to be available to the
  37-24  public at a limited number per customer, the advertisement shall
  37-25  state the limit per customer; and
  37-26              (5)  with regard to contact lenses, the advertisement
  37-27  shall state the number of lenses included for the price specified.
   38-1        (h)  A statement required to appear in an advertisement under
   38-2  this section must be readily audible or readable by a person of
   38-3  average comprehension or reading speed.
   38-4        SECTION 22.  Section 5.10, Texas Optometry Act (Article
   38-5  4552-5.10, Vernon's Texas Civil Statutes), is amended to read as
   38-6  follows:
   38-7        Sec. 5.10.  BOARD RULES RESTRICTING ADVERTISING.  (a)  The
   38-8  board may not adopt <substantive> rules restricting competitive
   38-9  bidding or advertising by a person regulated by the board except to
  38-10  prohibit <adopt such rules as are necessary to prevent> false,
  38-11  misleading, or deceptive practices.
  38-12        (b)  The board may not include in its rules to prohibit
  38-13  false, misleading, or deceptive practices by a person regulated by
  38-14  the board a rule that:
  38-15              (1)  restricts the use of any medium for advertising;
  38-16              (2)  restricts the person's personal appearance or use
  38-17  of the person's voice in an advertisement;
  38-18              (3)  relates to the size or duration of an
  38-19  advertisement by the person;
  38-20              (4)  restricts the person's advertisement under a trade
  38-21  name;
  38-22              (5)  restricts any truthful statement regarding:
  38-23                    (A)  the address or telephone number of an office
  38-24  maintained by the person;
  38-25                    (B)  office hours regularly maintained by the
  38-26  person;
  38-27                    (C)  languages, other than English, fluently
   39-1  spoken by the person or a person in the person's office;
   39-2                    (D)  whether the person provides services under a
   39-3  specified private or public insurance plan or health-care plan;
   39-4                    (E)  publications authored by the person;
   39-5                    (F)  a teaching position held or formerly held by
   39-6  the person and the dates the position was held;
   39-7                    (G)  an affiliation with a hospital or clinic;
   39-8                    (H)  the fact that the person regularly accepts
   39-9  installment payment of fees;
  39-10                    (I)  the manufacturer, designer, style, make,
  39-11  trade name, brand name, color, size, or type of commodities
  39-12  advertised; or
  39-13                    (J)  other factual information that is not false,
  39-14  fraudulent, misleading, or likely to deceive; or
  39-15              (6)  restricts any truthful statement that relates to
  39-16  public health or that encourages preventive or corrective care.
  39-17        (c)  Subsection (b) of this section may not be construed to
  39-18  prevent the board from restricting advertising that is false,
  39-19  fraudulent, misleading, or likely to deceive.
  39-20        SECTION 23.  Section 5.12, Texas Optometry Act (Article
  39-21  4552-5.12, Vernon's Texas Civil Statutes), is amended to read as
  39-22  follows:
  39-23        Sec. 5.12.  BASIC COMPETENCE.  (a)  In order to ensure
  39-24  <insure> an adequate examination of a patient for whom an
  39-25  optometrist or therapeutic optometrist signs or causes to be signed
  39-26  a prescription for an ophthalmic lens, in the initial examination
  39-27  of the patient the optometrist or therapeutic optometrist shall
   40-1  make and record, if possible, the following findings of the
   40-2  condition of the patient:
   40-3              (1)  Case History (ocular, physical, occupational and
   40-4  other pertinent information).
   40-5              (2)  Visual <Far point> acuity<, O.D., O.S., O.U.,
   40-6  unaided; with old glasses, if available, and with new glasses, if
   40-7  any>.
   40-8              (3)  Biomicroscopy <External> examination (lids,
   40-9  cornea, sclera, etc.).
  40-10              (4)  Internal ophthalmoscopic examination (media,
  40-11  fundus, etc.).
  40-12              (5)  Static retinoscopy, O.D., O.S., or autorefractor.
  40-13              (6)  Subjective findings, far point and near point.
  40-14              (7)  Assessment of binocular function <Phorias or
  40-15  ductions, far and near, lateral and vertical>.
  40-16              (8)  Amplitude or range of accommodation.
  40-17              (9)  Tonometry <Amplitude or range of convergence>.
  40-18              (10)  Angle of vision, to right and to left.
  40-19        (b)  Every prescription for an ophthalmic lens shall include
  40-20  <the following information:  interpupillary distance, far and near;
  40-21  lens prescription, right and left; color or tint; segment type,
  40-22  size and position;> the optometrist's or  therapeutic optometrist's
  40-23  signature and the information and parameters that the optometrist
  40-24  or therapeutic optometrist considers relevant or necessary.  The
  40-25  prescription may not contain restrictions limiting the parameters
  40-26  to private labels not available to the optical industry as a whole.
  40-27  Specifications of a prescription for an ophthalmic lens may not be
   41-1  altered without the consent of the prescribing doctor.
   41-2        (c)  The willful or repeated failure or refusal of an
   41-3  optometrist or therapeutic optometrist to comply with any of the
   41-4  foregoing requirements shall be considered by the board to
   41-5  constitute prima facie evidence that the optometrist or therapeutic
   41-6  optometrist <he> is unfit or incompetent by reason of negligence
   41-7  within the meaning of Section 4.04(a)(3) of this Act, and shall be
   41-8  sufficient ground for the filing of charges to cancel, revoke or
   41-9  suspend the <his> license.  The charges shall state the specific
  41-10  instances in which it is alleged that the rule was not complied
  41-11  with.  At a hearing pursuant to the filing of such charges, the
  41-12  person charged shall have the burden of establishing that
  41-13  compliance with the rule in each instance in which proof is adduced
  41-14  that it was not complied with was not necessary to a proper
  41-15  examination of the patient in that particular case.
  41-16        SECTION 24.  Sections 5.13(d), (e), (g), (i), and (j), Texas
  41-17  Optometry Act (Article 4552-5.13, Vernon's Texas Civil Statutes),
  41-18  are amended to read as follows:
  41-19        (d)  An optometrist or therapeutic optometrist may practice
  41-20  optometry or therapeutic optometry under a trade name or an assumed
  41-21  name or under the name of a professional corporation or a
  41-22  professional association.  Every optometrist or therapeutic
  41-23  optometrist practicing in the State of Texas, including those
  41-24  practicing under a trade or assumed name, shall be required to
  41-25  display the actual name under which the optometrist or therapeutic
  41-26  optometrist <he> is licensed by the board in a manner such that the
  41-27  <his> name will be visible to the public prior to entry of the
   42-1  optometrist's or therapeutic optometrist's office reception area.
   42-2        (e)  No optometrist or therapeutic optometrist shall use,
   42-3  cause or allow to be used, the optometrist's or therapeutic
   42-4  optometrist's <his> name or professional identification, as
   42-5  authorized by Article 4590e, <as amended,> Revised <Civil> Statutes
   42-6  <of Texas, 1925>, and its subsequent amendments, on or about the
   42-7  door, window, wall, directory, or any sign or listing whatsoever,
   42-8  of any office, location or place where optometry or therapeutic
   42-9  optometry is practiced, unless said optometrist or therapeutic
  42-10  optometrist is actually present and practicing optometry or
  42-11  therapeutic optometry therein during the hours such office,
  42-12  location or place of practice is open to the public for the
  42-13  practice of optometry or therapeutic optometry.
  42-14        (g)  The requirement of Subsections (e) and (f) of this
  42-15  section that an optometrist or therapeutic optometrist be "actually
  42-16  present" in an office, location or place of practice holding the
  42-17  optometrist's or therapeutic optometrist's <his> name out to the
  42-18  public shall be deemed satisfied if the optometrist or therapeutic
  42-19  optometrist is, as to such office, location or place of practice,
  42-20  either:
  42-21              (1)  physically present therein more than half the
  42-22  total number of hours such office, location, or place of practice
  42-23  is open to the public for the practice of optometry or therapeutic
  42-24  optometry during each calendar month for at least nine months in
  42-25  each calendar year; or
  42-26              (2)  physically present in such office, location, or
  42-27  place of practice for at least one-half of the time such person
   43-1  conducts, directs, or supervises any practice of optometry or
   43-2  therapeutic optometry.
   43-3        (i)  The requirement of Subsections (e) and (f) of this
   43-4  section that an optometrist or therapeutic optometrist be
   43-5  "practicing optometry or therapeutic optometry" at an office,
   43-6  location, or place of practice holding the optometrist's or
   43-7  therapeutic optometrist's <his> name out to the public shall be
   43-8  deemed satisfied if the optometrist or therapeutic optometrist
   43-9  regularly makes personal examination at such office, location, or
  43-10  place of practice of the eyes of some of the persons prescribed for
  43-11  therein or regularly supervises or directs in person at such
  43-12  office, location or place of practice such examinations.
  43-13        (j)  The willful or repeated failure or refusal of an
  43-14  optometrist or therapeutic optometrist to comply with any of the
  43-15  provisions of this section shall be considered by the board to
  43-16  constitute prima facie evidence that such optometrist or
  43-17  therapeutic optometrist is guilty of violation of this Act, and
  43-18  shall be sufficient ground for the filing of charges to cancel,
  43-19  revoke or suspend a <his> license.  The charges shall state the
  43-20  specific instance or instances in which it is alleged that the rule
  43-21  was not complied with.  Alternatively, or in addition to the above,
  43-22  it shall be the duty of the board to institute and prosecute an
  43-23  action in a court of competent jurisdiction to restrain or enjoin
  43-24  the violation of any of the preceding rules.
  43-25        SECTION 25.  Sections 5.14(c) and (g), Texas Optometry Act
  43-26  (Article 4552-5.14, Vernon's Texas Civil Statutes), are amended to
  43-27  read as follows:
   44-1        (c)  The prescription files and all business records of the
   44-2  optometric practice shall be the sole property of the optometrist
   44-3  or therapeutic optometrist and free from involvement with the
   44-4  mercantile establishment or any unlicensed person.  Except,
   44-5  however, that those business records essential to the successful
   44-6  initiation or continuation of a percentage of gross receipts lease
   44-7  of space may be inspected by the applicable lessor.
   44-8        (g)  The optometrist or therapeutic optometrist shall not
   44-9  permit the optometrist's or therapeutic optometrist's <his> name or
  44-10  <his> practice to be directly or indirectly used in connection with
  44-11  the mercantile establishment in any advertising, displays, signs,
  44-12  or in any other manner.
  44-13        SECTION 26.  Sections 5.15(d) and (e), Texas Optometry Act
  44-14  (Article 4552-5.15, Vernon's Texas Civil Statutes), are amended to
  44-15  read as follows:
  44-16        (d)  No person, firm, or corporation engaged in the business
  44-17  of a dispensing optician, other than a licensed optometrist,
  44-18  therapeutic optometrist, or physician, shall have, own, or acquire
  44-19  any interest in the practice, books, records, files, equipment, or
  44-20  materials of a licensed optometrist or therapeutic optometrist, or
  44-21  have, own, or acquire any interest in the premises or space
  44-22  occupied by a licensed optometrist or therapeutic optometrist for
  44-23  the practice of optometry or therapeutic optometry other than a
  44-24  lease for a specific term without retention of the present right of
  44-25  occupancy on the part of the dispensing optician.  In the event an
  44-26  optometrist, therapeutic optometrist, or physician who is also
  44-27  engaged in the business of a dispensing optician (whether as an
   45-1  individual, firm, or corporation) does own an interest in the
   45-2  practice, books, records, files, equipment or materials of another
   45-3  licensed optometrist or therapeutic optometrist, the optometrist,
   45-4  therapeutic optometrist, or physician <he> shall maintain a
   45-5  completely separate set of books, records, files, and accounts in
   45-6  connection therewith.
   45-7        (e)  If, after examining a patient, an optometrist or
   45-8  therapeutic optometrist believes that lenses are required to
   45-9  correct or remedy any defect or abnormal condition of vision, the
  45-10  optometrist or therapeutic optometrist shall so inform the patient
  45-11  and shall provide the patient with a copy of the patient's
  45-12  spectacle prescription.  The optometrist or therapeutic optometrist
  45-13  shall expressly indicate verbally or by other means that the
  45-14  patient has two alternatives for the preparation of the lenses
  45-15  according to the optometrist's or therapeutic optometrist's
  45-16  prescription:  First, that the optometrist or therapeutic
  45-17  optometrist will prepare or have the lenses prepared according to
  45-18  the prescription; and second, that the patient may have the
  45-19  prescription filled by any dispensing optician but should return
  45-20  for an optometrical examination of the lenses.  This subsection
  45-21  does not require an optometrist or therapeutic optometrist to
  45-22  provide a prescription to a patient before the patient has paid the
  45-23  examination fee.
  45-24        SECTION 27.  Section 5.17, Texas Optometry Act (Article
  45-25  4552-5.17, Vernon's Texas Civil Statutes), is amended to read as
  45-26  follows:
  45-27        Sec. 5.17.  Exceptions.  (a)  Nothing in this Act shall be
   46-1  construed to apply to <persons who sell ready-to-wear spectacles
   46-2  and eyeglasses as merchandise at retail or> officers or agents of
   46-3  the United States or the State of Texas, in the discharge of their
   46-4  official duties.
   46-5        (b)  Nothing in this Act shall prevent, limit, or interfere
   46-6  with the right of a physician duly licensed by the Texas State
   46-7  Board of Medical Examiners to treat or prescribe for <his> patients
   46-8  or to direct or instruct others under the control, supervision, or
   46-9  direction of such a physician to aid or minister to the needs of
  46-10  <his> patients according to the physician's specific directions,
  46-11  instructions or prescriptions; and where such directions,
  46-12  instructions, or prescriptions are to be followed, performed, or
  46-13  filled outside or away from the physician's office such directions,
  46-14  instructions, or prescriptions shall be in writing.
  46-15        (c)  Nothing in this Act shall be construed to prevent
  46-16  persons from selling ready-to-wear spectacles as merchandise at
  46-17  retail, nor to prevent unlicensed persons from making simple
  46-18  repairs to spectacles.
  46-19        (d)  Nothing in this Act shall prevent, limit, or interfere
  46-20  with the right of a dispensing optician or ophthalmic dispenser
  46-21  registered under the Opticians' Registry Act (Article 4551-1,
  46-22  Vernon's Texas Civil Statutes) and its subsequent amendments to
  46-23  engage in spectacle or contact lens dispensing as defined by that
  46-24  Act.  This subsection does not prohibit the board from acting under
  46-25  this Act to restrict the unauthorized practice of optometry.
  46-26        SECTION 28.  Section 5.18, Texas Optometry Act (Article
  46-27  4552-5.18, Vernon's Texas Civil Statutes), is amended by amending
   47-1  Subsections (a) and (b) and adding Subsection (e) to read as
   47-2  follows:
   47-3        (a)  It shall be a violation of this Act for any person who
   47-4  is not a licensed optometrist, therapeutic optometrist, or
   47-5  physician to engage in the practice of optometry or therapeutic
   47-6  optometry as such practices are defined by this Act or to engage in
   47-7  any activity prohibited by this Act.
   47-8        (b)  Any person who shall be injured by another person who
   47-9  violates this section may institute suit in any district court in
  47-10  Travis County or in the county wherein the violation is alleged to
  47-11  have occurred to require enforcement by injunctive procedures and
  47-12  to recover damages sustained, plus costs of court and reasonable
  47-13  attorney's fees.
  47-14        (e)  A person commits an offense if that person dispenses
  47-15  contact lenses by mail or otherwise to a patient in this state
  47-16  without having a valid prescription signed by an optometrist,
  47-17  therapeutic optometrist, or physician.  An offense under this
  47-18  subsection is a misdemeanor punishable by a fine in the amount of
  47-19  $1,000 for each lens so dispensed.  This fine is in addition to any
  47-20  other penalty imposed under this Act.
  47-21        SECTION 29.  Section 5.19, Texas Optometry Act (Article
  47-22  4552-5.19, Vernon's Texas Civil Statutes), is amended to read as
  47-23  follows:
  47-24        Sec. 5.19.  PENALTY.  A person who violates any provision of
  47-25  this Act is guilty of a misdemeanor and upon conviction is
  47-26  punishable by a fine of not less than $100 <$50> nor more than
  47-27  $1,000 <$500> or by confinement in the county jail for not less
   48-1  than two months nor more than six months, or both.  A separate
   48-2  offense is committed each day a violation of this Act occurs or
   48-3  continues.
   48-4        SECTION 30.  Article 5, Texas Optometry Act (Article
   48-5  4552-5.01 et seq., Vernon's Texas Civil Statutes), is amended by
   48-6  adding Section 5.21 to read as follows:
   48-7        Sec. 5.21.  OWNERSHIP OF RECORDS.  (a)  All prescription
   48-8  files, patient records, and business records of an optometric
   48-9  practice are the sole property of the optometrist or therapeutic
  48-10  optometrist.
  48-11        (b)  A patient may obtain a copy of the patient's optometric
  48-12  records, or may have them forwarded to another doctor, by making a
  48-13  signed, written request to the optometrist or therapeutic
  48-14  optometrist for the records.
  48-15        (c)  The optometrist or therapeutic optometrist may charge a
  48-16  reasonable processing fee for providing optometric records to a
  48-17  patient.
  48-18        (d)  The optometric records may be provided in summary form
  48-19  unless the patient specifically requests otherwise.
  48-20        SECTION 31.  The Texas Optometry Act (Article 4552-1.01 et
  48-21  seq., Vernon's Texas Civil Statutes) is amended by amending Article
  48-22  6 and adding Article 7 to read as follows:
  48-23   ARTICLE 6.  DISCRIMINATION PROHIBITED <MISCELLANEOUS PROVISIONS>
  48-24        Sec. 6.01.  GOVERNMENTAL DISCRIMINATION PROHIBITED.  (a)  A
  48-25  program supported, in whole or in part, by this state, or a program
  48-26  supported or provided by a state agency, or a county, municipality,
  48-27  or other political subdivision, may not discriminate against a
   49-1  health-care practitioner because the practitioner is an optometrist
   49-2  or therapeutic optometrist or physician specializing in
   49-3  ophthalmology.
   49-4        (b)  A law of this state or a rule, ordinance, or policy of
   49-5  an agency or political subdivision of this state that requires or
   49-6  encourages a person to obtain vision care or medical eye care that
   49-7  is within the scope of practice of an optometrist or therapeutic
   49-8  optometrist may not discriminate against a health-care practitioner
   49-9  because the practitioner is an optometrist or therapeutic
  49-10  optometrist or physician specializing in ophthalmology.
  49-11                 ARTICLE 7.  MISCELLANEOUS PROVISIONS
  49-12        Sec. 7.01.  REFERENCE TO BOARD OF EXAMINERS <ABOLISHED>.
  49-13  <The Texas State Board of Examiners in Optometry is abolished.  All
  49-14  property, equipment, records, files, and papers in the possession
  49-15  of that board are transferred to the Texas Optometry Board created
  49-16  by this Act.>  All references in the statutes to the Texas State
  49-17  Board of Examiners in Optometry shall be construed to mean the
  49-18  Texas Optometry Board.
  49-19        Sec. 7.02 <6.02>.  Severability.  If any provision, section
  49-20  or clause of this Act or application thereof to any person or
  49-21  circumstances is held invalid, such invalidity shall not affect
  49-22  other provisions or applications thereof which can be given effect
  49-23  without the invalid provision, section or clause, and to this end
  49-24  the provisions of this Act are declared to be severable.
  49-25        <Sec. 6.03.  REPEALER.  Chapter 10, Title 71, Revised Civil
  49-26  Statutes of Texas, 1925, as amended, and Chapter 5, Title 12, Penal
  49-27  Code of Texas, 1925, as amended, and all other laws and parts of
   50-1  laws in conflict with this Act are hereby repealed.>
   50-2        <Sec. 6.04.  EFFECTIVE DATE.  This Act takes effect September
   50-3  1, 1969.>
   50-4        <Sec. 6.05.  EMERGENCY.  The fact that the practice of
   50-5  optometry has become one of the important health professions and it
   50-6  is in the interest of the people of Texas that the practice of
   50-7  optometry and that optometrists, in keeping with the traditions of
   50-8  the other health professions, be properly regulated, and the
   50-9  further fact that existing laws have proved ineffective in securing
  50-10  the underlying purposes and objectives of this Act, create an
  50-11  emergency of the greatest importance to the visual health and
  50-12  welfare of the people of Texas and an imperative public necessity
  50-13  requiring that the Constitutional Rule that bills be read on three
  50-14  several days in each House be suspended, and such Rule is hereby
  50-15  suspended; and this Act shall take effect and be in force from and
  50-16  after its passage, and it is so enacted.>
  50-17        SECTION 32.  Subchapter E, Chapter 21, Insurance Code, is
  50-18  amended by adding Article 21.52D to read as follows:
  50-19        Art. 21.52D.  USE OF OPTOMETRISTS AND OPHTHALMOLOGISTS BY
  50-20  MANAGED CARE PLAN.  (a)  In this article:
  50-21              (1)  "Managed care plan" means a health maintenance
  50-22  organization, a preferred provider organization, or another
  50-23  organization that provides or arranges for health care benefits to
  50-24  participants and that requires or encourages participants to use
  50-25  health care practitioners designated by the plan.
  50-26              (2)  "Ophthalmologist" means a physician who is
  50-27  licensed by the Texas State Board of Medical Examiners and who
   51-1  specializes in ophthalmology.
   51-2        (b)  A managed care plan that provides or arranges for
   51-3  benefits for vision or medical eye care services or procedures that
   51-4  are within the scope of the license of an optometrist or
   51-5  therapeutic optometrist may not:
   51-6              (1)  discriminate against a health care practitioner
   51-7  because the practitioner is an optometrist, therapeutic
   51-8  optometrist, or ophthalmologist;
   51-9              (2)  fail to include optometrists, therapeutic
  51-10  optometrists, and ophthalmologists as participating practitioners
  51-11  in the plan;
  51-12              (3)  restrict or discourage a participant from
  51-13  obtaining covered vision or medical eye care services or procedures
  51-14  from a participating optometrist, therapeutic optometrist, or
  51-15  ophthalmologist because the practitioner is an optometrist,
  51-16  therapeutic optometrist, or ophthalmologist;
  51-17              (4)  fail to include the name of a participating
  51-18  optometrist, therapeutic optometrist, or ophthalmologist on a list
  51-19  of participating practitioners or fail to give equal prominence to
  51-20  the name;
  51-21              (5)  fail to include an optometrist, therapeutic
  51-22  optometrist, or ophthalmologist as a participating practitioner in
  51-23  the plan because the optometrist, therapeutic optometrist, or
  51-24  ophthalmologist does not have medical staff privileges at a
  51-25  hospital or at a particular hospital; or
  51-26              (6)  fail to include an optometrist, therapeutic
  51-27  optometrist, or ophthalmologist as a participating practitioner in
   52-1  the plan because the services or procedures provided by the
   52-2  optometrist, therapeutic optometrist, or ophthalmologist may be
   52-3  provided by another type of practitioner.
   52-4        (c)  This article does not require a managed care plan to
   52-5  provide vision or medical eye care services or procedures.
   52-6        SECTION 33.  The changes in law made by this Act to the
   52-7  requirements for membership on the Texas Optometry Board apply only
   52-8  to an appointment made on or after the effective date of this Act
   52-9  and do not affect the entitlement of a member serving on the board
  52-10  on the effective date of this Act to continue to hold office for
  52-11  the remainder of the term for which the person was appointed.
  52-12        SECTION 34.  On and after January 1, 1994, the State Office
  52-13  of Administrative Hearings shall assume responsibility for hearings
  52-14  held with respect to each contested case arising under the Texas
  52-15  Optometry Act (Article 4552-1.01 et seq., Vernon's Texas Civil
  52-16  Statutes).  The Texas Optometry Board and the chief administrative
  52-17  law judge of the State Office of Administrative Hearings may agree
  52-18  to transfer contested cases pending before the board to the State
  52-19  Office of Administrative Hearings before January 1, 1994.
  52-20        SECTION 35.  Not later than January 1, 1994, each person
  52-21  licensed under the Texas Optometry Act (Article 4552-1.01 et seq.,
  52-22  Vernon's Texas Civil Statutes) shall file with the Texas Optometry
  52-23  Board the information required under Section 5.02, Texas Optometry
  52-24  Act (Article 4552-5.02, Vernon's Texas Civil Statutes), as amended
  52-25  by this Act.
  52-26        SECTION 36.  The Texas Optometry Board shall adopt rules
  52-27  required by this Act not later than December 31, 1993.
   53-1        SECTION 37.  Section 21.52D, Insurance Code, as added by this
   53-2  Act, applies only to a managed care plan that is delivered, issued
   53-3  for delivery, or renewed on or after January 1, 1994.  A managed
   53-4  care plan that is delivered, issued for delivery, or renewed before
   53-5  January 1, 1994, is governed by the law as it existed immediately
   53-6  before the effective date of this Act, and that law is continued in
   53-7  effect for that purpose.
   53-8        SECTION 38.  This Act takes effect September 1, 1993.
   53-9        SECTION 39.  The importance of this legislation and the
  53-10  crowded condition of the calendars in both houses create an
  53-11  emergency and an imperative public necessity that the
  53-12  constitutional rule requiring bills to be read on three several
  53-13  days in each house be suspended, and this rule is hereby suspended.