By: Hill H.B. No. 2158
73R1004 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the application of certain professional fees and taxes.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 3.11A, Medical Practice Act (Article
1-5 4495b, Vernon's Texas Civil Statutes), is amended by adding
1-6 Subsection (c) to read as follows:
1-7 (c) A fee increase imposed by this section does not apply to
1-8 a person on inactive status.
1-9 SECTION 2. The Medical Practice Act (Article 4495b, Vernon's
1-10 Texas Civil Statutes) is amended by adding Section 3.021 to read as
1-11 follows:
1-12 Sec. 3.021. INACTIVE STATUS. (a) The board by rule shall
1-13 adopt a system by which a licensee may place the license on
1-14 inactive status. A licensee must apply for inactive status, on a
1-15 form prescribed by the board, before the expiration of the license.
1-16 (b) A licensee on inactive status is not required to pay
1-17 license renewal fees.
1-18 (c) A licensee on inactive status may not perform any
1-19 activity regulated under this Act.
1-20 (d) If a licensee on inactive status desires to reenter
1-21 active practice, the licensee must notify the board in writing.
1-22 The board shall remove the person from inactive status on payment
1-23 of an administrative fee and on compliance with any educational or
1-24 other requirements established by rules adopted by the board.
2-1 SECTION 3. Article 4550c, Revised Statutes, is amended by
2-2 adding Subsection (c) to read as follows:
2-3 (c) A fee increase imposed by this section does not apply to
2-4 a person on inactive status.
2-5 SECTION 4. Article 4550a, Revised Statutes, is amended by
2-6 adding Section 2B to read as follows:
2-7 Sec. 2B. (a) The Board by rule shall adopt a system by
2-8 which a licensee may place the license on inactive status. A
2-9 licensee must apply for inactive status, on a form prescribed by
2-10 the Board, before the expiration of the license.
2-11 (b) A licensee on inactive status is not required to pay
2-12 license renewal fees.
2-13 (c) A licensee on inactive status may not perform any
2-14 activity regulated under this Act.
2-15 (d) If a licensee on inactive status desires to reenter
2-16 active practice, the licensee must notify the Board in writing.
2-17 The Board shall remove the person from inactive status on payment
2-18 of an administrative fee and on compliance with any educational or
2-19 other requirements established by rules adopted by the Board.
2-20 SECTION 5. Section 3.03B, Texas Optometry Act (Article
2-21 4552-3.03B, Vernon's Texas Civil Statutes), is amended by adding
2-22 Subsection (c) to read as follows:
2-23 (c) A fee increase imposed by this section does not apply to
2-24 a person on inactive status.
2-25 SECTION 6. The Texas Optometry Act (Article 4552-1.01 et
2-26 seq., Vernon's Texas Civil Statutes) is amended by adding Section
2-27 4.01C to read as follows:
3-1 Sec. 4.01C. INACTIVE STATUS. (a) The board by rule shall
3-2 adopt a system by which a licensee may place the license on
3-3 inactive status. A licensee must apply for inactive status, on a
3-4 form prescribed by the board, before the expiration of the license.
3-5 (b) A licensee on inactive status is not required to pay
3-6 license renewal fees.
3-7 (c) A licensee on inactive status may not perform any
3-8 activity regulated under this Act.
3-9 (d) If a licensee on inactive status desires to reenter
3-10 active practice, the licensee must notify the board in writing.
3-11 The board shall remove the person from inactive status on payment
3-12 of an administrative fee and on compliance with any educational or
3-13 other requirements established by rules adopted by the board.
3-14 SECTION 7. Section 11B, Chapter 94, Acts of the 51st
3-15 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
3-16 Civil Statutes), is amended by adding Subsection (c) to read as
3-17 follows:
3-18 (c) A fee increase imposed by this section does not apply to
3-19 a person on inactive status.
3-20 SECTION 8. Section 16B, Psychologists' Certification and
3-21 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
3-22 amended by adding Subsection (c) to read as follows:
3-23 (c) A fee increase imposed by this section does not apply to
3-24 a person whose certificate or license has been placed on inactive
3-25 status.
3-26 SECTION 9. The Psychologists' Certification and Licensing
3-27 Act (Article 4512c, Vernon's Texas Civil Statutes) is amended by
4-1 adding Section 19A to read as follows:
4-2 Sec. 19A. INACTIVE STATUS. (a) The Board by rule shall
4-3 adopt a system by which a licensee may place the license or
4-4 certification on inactive status. A licensee must apply for
4-5 inactive status, on a form prescribed by the Board, before the
4-6 expiration of the license or certification.
4-7 (b) A licensee on inactive status is not required to pay
4-8 license or certification renewal fees.
4-9 (c) A licensee on inactive status may not perform any
4-10 activity regulated under this Act.
4-11 (d) If a licensee on inactive status desires to reenter
4-12 active practice, the licensee must notify the Board in writing.
4-13 The Board shall remove the person from inactive status on payment
4-14 of an administrative fee and on compliance with any educational or
4-15 other requirements established by rules adopted by the Board.
4-16 SECTION 10. Section 9A, Public Accountancy Act of 1991
4-17 (Article 41a-1, Vernon's Texas Civil Statutes), is amended by
4-18 adding Subsection (d) to read as follows:
4-19 (d) A fee increase imposed by Subsection (a) of this section
4-20 and the fee imposed under Subsection (b) of this section do not
4-21 apply to a person on inactive status.
4-22 SECTION 11. The Public Accountancy Act of 1991 (Article
4-23 41a-1, Vernon's Texas Civil Statutes) is amended by adding Section
4-24 9B to read as follows:
4-25 Sec. 9B. INACTIVE STATUS. (a) The board by rule shall
4-26 adopt a system by which a licensee may place the license on
4-27 inactive status. A licensee must apply for inactive status, on a
5-1 form prescribed by the board, before the expiration of the license.
5-2 (b) A licensee on inactive status is not required to pay
5-3 license renewal fees or biennial license fees.
5-4 (c) A licensee on inactive status may not perform any
5-5 activity regulated under this Act.
5-6 (d) If a licensee on inactive status desires to reenter
5-7 active practice, the licensee must notify the board in writing.
5-8 The board shall remove the licensee from inactive status on payment
5-9 of an administrative fee and on compliance with any educational or
5-10 other requirements established by rules adopted by the board.
5-11 SECTION 12. Section 4C, Chapter 478, Acts of the 45th
5-12 Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
5-13 Civil Statutes), is amended by adding Subsection (c) to read as
5-14 follows:
5-15 (c) A fee increase imposed by this section does not apply to
5-16 a person on inactive status.
5-17 SECTION 13. Chapter 478, Acts of the 45th Legislature,
5-18 Regular Session, 1937 (Article 249a, Vernon's Texas Civil
5-19 Statutes), is amended by adding Section 11A to read as follows:
5-20 Sec. 11A. (a) The Board by rule shall adopt a system by
5-21 which a licensee may place the certificate of registration on
5-22 inactive status. A licensee must apply for inactive status, on a
5-23 form prescribed by the Board, before the expiration of the
5-24 certificate of registration.
5-25 (b) A licensee on inactive status is not required to pay
5-26 certificate of registration renewal fees.
5-27 (c) A licensee on inactive status may not perform any
6-1 activity regulated under this Act.
6-2 (d) If a licensee on inactive status desires to reenter
6-3 active practice, the licensee must notify the Board in writing.
6-4 The Board shall remove the licensee from inactive status on payment
6-5 of an administrative fee and on compliance with educational or
6-6 other requirements established by rules adopted by the Board.
6-7 SECTION 14. Section 13B, The Texas Engineering Practice Act
6-8 (Article 3271a, Vernon's Texas Civil Statutes), is amended by
6-9 adding Subsection (d) to read as follows:
6-10 (d) A fee increase imposed by this section does not apply to
6-11 a person on inactive status.
6-12 SECTION 15. The Texas Engineering Practice Act (Article
6-13 3271a, Vernon's Texas Civil Statutes) is amended by adding Section
6-14 16.2 to read as follows:
6-15 Sec. 16.2. (a) The Board by rule shall adopt a system by
6-16 which a registrant may place the certificate of registration on
6-17 inactive status. A registrant must apply for inactive status, on a
6-18 form prescribed by the Board, before the expiration of the
6-19 certificate of registration.
6-20 (b) A registrant on inactive status is not required to pay
6-21 certificate of registration renewal fees.
6-22 (c) A registrant on inactive status may not perform any
6-23 activity regulated under this Act.
6-24 (d) If a registrant on inactive status desires to reenter
6-25 active practice, the registrant must notify the Board in writing.
6-26 The Board shall remove the registrant from inactive status on
6-27 payment of an administrative fee and on compliance with any
7-1 educational or other requirements established by rules adopted by
7-2 the Board.
7-3 SECTION 16. Section 11A, The Real Estate License Act
7-4 (Article 6573a, Vernon's Texas Civil Statutes), is amended by
7-5 adding Subsection (c) to read as follows:
7-6 (c) A fee increase imposed by this section does not apply to
7-7 a person on inactive status.
7-8 SECTION 17. The Real Estate License Act (Article 6573a,
7-9 Vernon's Texas Civil Statutes) is amended by adding Section 18C to
7-10 read as follows:
7-11 Sec. 18C. (a) The commission by rule shall adopt a system
7-12 by which a person licensed by the commission may place the license
7-13 on inactive status. A licensee must apply for inactive status, on
7-14 a form prescribed by the commission, before the expiration of the
7-15 license.
7-16 (b) A licensee on inactive status is not required to pay
7-17 license renewal fees.
7-18 (c) A licensee on inactive status may not perform any
7-19 activity regulated under this Act.
7-20 (d) If a licensee on inactive status desires to reenter
7-21 active practice, the licensee must notify the commission in
7-22 writing. The commission shall remove the licensee from inactive
7-23 status on payment of an administrative fee and on compliance with
7-24 any educational or other requirements established by rules adopted
7-25 by the commission.
7-26 SECTION 18. Section 41, The Securities Act (Article 581-41,
7-27 Vernon's Texas Civil Statutes), is amended by adding Subsection (c)
8-1 to read as follows:
8-2 (c) A fee increase imposed by this section does not apply to
8-3 a person on inactive status.
8-4 SECTION 19. The Securities Act (Article 581-1 et seq.,
8-5 Vernon's Texas Civil Statutes) is amended by adding Section 35A to
8-6 read as follows:
8-7 Sec. 35A. INACTIVE STATUS. (a) The Commissioner shall
8-8 adopt a system by which a dealer, agent, or salesman licensee may
8-9 place the certificate of registration on inactive status. A
8-10 licensee must apply for inactive status, on a form prescribed by
8-11 the Commissioner, before the expiration of the certificate.
8-12 (b) A licensee on inactive status is not required to pay
8-13 certificate renewal fees.
8-14 (c) A licensee on inactive status may not perform any
8-15 activity regulated under this Act.
8-16 (d) If a licensee on inactive status desires to reenter
8-17 active practice, the licensee must notify the Commissioner in
8-18 writing. The Commissioner shall remove the person from inactive
8-19 status on payment of an administrative fee and on compliance with
8-20 any educational or other requirements established by rules adopted
8-21 by the Commissioner.
8-22 SECTION 20. Section 22, The Veterinary Licensing Act
8-23 (Article 8890, Revised Statutes), is amended by adding Subsection
8-24 (c) to read as follows:
8-25 (c) A fee increase imposed by this section does not apply to
8-26 a person on inactive status.
8-27 SECTION 21. The Veterinary Licensing Act (Article 8890,
9-1 Revised Statutes) is amended by adding Section 13B to read as
9-2 follows:
9-3 Sec. 13B. (a) The Board by rule shall adopt a system by
9-4 which a licensee may place the license on inactive status. A
9-5 licensee must apply for inactive status, on a form prescribed by
9-6 the Board, before the expiration of the license.
9-7 (b) A licensee on inactive status is not required to pay
9-8 license renewal fees.
9-9 (c) A licensee on inactive status may not perform any
9-10 activity regulated under this Act.
9-11 (d) If a licensee on inactive status desires to reenter
9-12 active practice, the licensee must notify the Board in writing.
9-13 The Board shall remove the licensee from inactive status on payment
9-14 of an administrative fee and on compliance with any educational or
9-15 other requirements established by rules adopted by the Board.
9-16 SECTION 22. The change in law made by this Act applies only
9-17 to a fee or tax imposed on or after the effective date of this Act.
9-18 SECTION 23. The importance of this legislation and the
9-19 crowded condition of the calendars in both houses create an
9-20 emergency and an imperative public necessity that the
9-21 constitutional rule requiring bills to be read on three several
9-22 days in each house be suspended, and this rule is hereby suspended,
9-23 and that this Act take effect and be in force from and after its
9-24 passage, and it is so enacted.