1-1 By: Cain (Senate Sponsor - Harris of Dallas) H.B. No. 2794
1-2 (In the Senate - Received from the House May 7, 1993;
1-3 May 10, 1993, read first time and referred to Committee on State
1-4 Affairs; May 28, 1993, reported favorably by the following vote:
1-5 Yeas 11, Nays 1; May 28, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Harris of Dallas x
1-9 Rosson x
1-10 Carriker x
1-11 Henderson x
1-12 Leedom x
1-13 Lucio x
1-14 Luna x
1-15 Nelson x
1-16 Patterson x
1-17 Shelley x
1-18 Sibley x
1-19 West x
1-20 Whitmire x
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to the continuation of certain state agencies subject to
1-24 the Texas Sunset Act.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Section 5.01(b), Alcoholic Beverage Code, is
1-27 amended to read as follows:
1-28 (b) The Texas Alcoholic Beverage Commission is subject to
1-29 Chapter 325, Government Code (Texas Sunset Act). Unless continued
1-30 in existence as provided by that chapter, the commission is
1-31 abolished and Subchapter A, Chapter 5, of this code expires
1-32 September 1, 1995 <1993>.
1-33 SECTION 2. Section 3(h), Chapter 94, Acts of the 51st
1-34 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
1-35 Civil Statutes), is amended to read as follows:
1-36 (h) The Texas Board of Chiropractic Examiners is subject to
1-37 Chapter 325, Government Code (Texas Sunset Act). Unless continued
1-38 in existence as provided by that chapter, the board is abolished
1-39 and this Act expires September 1, 1995 <1993>.
1-40 SECTION 3. Section 21, Licensed Professional Counselor Act
1-41 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
1-42 as follows:
1-43 Sec. 21. Sunset Provision. The Texas State Board of
1-44 Examiners of Professional Counselors is subject to Chapter 325,
1-45 Government Code (Texas Sunset Act). Unless the board is continued
1-46 in existence as provided by that chapter, the board is abolished
1-47 September 1, 1995 <1993>.
1-48 SECTION 4. Article 4543b, Revised Statutes, is amended to
1-49 read as follows:
1-50 Art. 4543b. Sunset Provision. The State Board of Dental
1-51 Examiners is subject to Chapter 325, Government Code (Texas Sunset
1-52 Act). Unless continued in existence as provided by that chapter,
1-53 the board is abolished September 1, 1995 <1993>.
1-54 SECTION 5. Section 19, Licensed Dietitian Act (Article
1-55 4512h, Vernon's Texas Civil Statutes), is amended to read as
1-56 follows:
1-57 Sec. 19. Sunset Provision. The Texas State Board of
1-58 Examiners of Dietitians is subject to Chapter 325, Government Code
1-59 (Texas Sunset Act). Unless continued in existence as provided by
1-60 that chapter, the board is abolished September 1, 1995 <1993>.
1-61 SECTION 6. Section 2(j), Chapter 366, Acts of the 61st
1-62 Legislature, Regular Session, 1969 (Article 4566-1.02, Vernon's
1-63 Texas Civil Statutes), is amended to read as follows:
1-64 (j) The Texas Board of Examiners in the Fitting and
1-65 Dispensing of Hearing Aids is subject to Chapter 325, Government
1-66 Code (Texas Sunset Act). Unless continued in existence as provided
1-67 by that chapter, the board is abolished and this Act expires
1-68 September 1, 1995 <1993>.
2-1 SECTION 7. Section 4(a), Licensed Marriage and Family
2-2 Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
2-3 amended to read as follows:
2-4 (a) The Texas State Board of Examiners of Marriage and
2-5 Family Therapists is subject to Chapter 325, Government Code (Texas
2-6 Sunset Act). Unless continued in existence as provided by that
2-7 chapter, the board is abolished and this Act expires September 1,
2-8 1995 <1993>.
2-9 SECTION 8. Section 3A, Chapter 365, Acts of the 68th
2-10 Legislature, Regular Session, 1983 (Article 4512i, Vernon's Texas
2-11 Civil Statutes), is amended to read as follows:
2-12 Sec. 3A. Sunset Provision. The midwifery board is subject
2-13 to Chapter 325, Government Code (Texas Sunset Act). Unless
2-14 continued in existence as provided by that chapter, the board is
2-15 abolished and this Act expires September 1, 1995 <1993>.
2-16 SECTION 9. Section 5.10, Medical Practice Act (Article
2-17 4495b, Vernon's Texas Civil Statutes), is amended to read as
2-18 follows:
2-19 Sec. 5.10. Sunset Provision. The Texas State Board of
2-20 Medical Examiners is subject to Chapter 325, Government Code (Texas
2-21 Sunset Act). Unless continued in existence as provided by that
2-22 chapter, the board is abolished and this Act expires September 1,
2-23 1995 <1993>.
2-24 SECTION 10. Article 4513a, Revised Statutes, is amended to
2-25 read as follows:
2-26 Art. 4513a. Sunset Provision. The Board of Nurse Examiners
2-27 is subject to Chapter 325, Government Code (Texas Sunset Act).
2-28 Unless continued in existence as provided by that chapter, the
2-29 board is abolished September 1, 1995 <1993>.
2-30 SECTION 11. Section 3(10), Texas Nursing Home Administrators
2-31 Licensure Act (Article 4442d, Vernon's Texas Civil Statutes), is
2-32 amended to read as follows:
2-33 (10) The Texas Board of Licensure for Nursing Home
2-34 Administrators is subject to Chapter 325, Government Code (Texas
2-35 Sunset Act). Unless continued in existence as provided by that
2-36 chapter, the board is abolished and this Act expires September 1,
2-37 1995 <1993>.
2-38 SECTION 12. Section 3(g), Occupational Therapy Title Act
2-39 (Article 8851, Vernon's Texas Civil Statutes), is amended to read
2-40 as follows:
2-41 (g) The Texas Advisory Board of Occupational Therapy is
2-42 subject to Chapter 325, Government Code (Texas Sunset Act). Unless
2-43 continued in existence as provided by that chapter, the board is
2-44 abolished and this Act expires September 1, 1995 <1993>.
2-45 SECTION 13. Section 2.01a, Texas Optometry Act (Article
2-46 4552-2.01a, Vernon's Texas Civil Statutes), is amended to read as
2-47 follows:
2-48 Sec. 2.01a. Sunset Provision. The Texas Optometry Board is
2-49 subject to Chapter 325, Government Code (Texas Sunset Act). Unless
2-50 continued in existence as provided by that chapter, the board is
2-51 abolished and this Act expires September 1, 1995 <1993>.
2-52 SECTION 14. Section 3, Texas Pharmacy Act (Article 4542a-1,
2-53 Vernon's Texas Civil Statutes), is amended to read as follows:
2-54 Sec. 3. Sunset Provision. The Texas State Board of Pharmacy
2-55 is subject to Chapter 325, Government Code (Texas Sunset Act).
2-56 Unless continued in existence as provided by that chapter, the
2-57 board is abolished and this Act expires September 1, 1995 <1993>.
2-58 SECTION 15. Section 2(g), Chapter 836, Acts of the 62nd
2-59 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
2-60 Civil Statutes), is amended to read as follows:
2-61 (g) The Texas Board of Physical Therapy Examiners is subject
2-62 to Chapter 325, Government Code (Texas Sunset Act). Unless
2-63 continued in existence as provided by that chapter, the board is
2-64 abolished September 1, 1995 <1993>.
2-65 SECTION 16. Article 4568b, Revised Statutes, is amended to
2-66 read as follows:
2-67 Art. 4568b. Sunset Provision. The Texas State Board of
2-68 Podiatry Examiners is subject to Chapter 325, Government Code
2-69 (Texas Sunset Act). Unless continued in existence as provided by
2-70 that chapter, the board is abolished September 1, 1995 <1993>.
3-1 SECTION 17. Section 4a, Psychologists' Certification and
3-2 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
3-3 amended to read as follows:
3-4 Sec. 4a. Sunset Provision. The Texas State Board of
3-5 Examiners of Psychologists is subject to Chapter 325, Government
3-6 Code (Texas Sunset Act). Unless continued in existence as provided
3-7 by that chapter, the Board is abolished and this Act expires
3-8 September 1, 1995 <1993>.
3-9 SECTION 18. Section 50.004(n), Human Resources Code, is
3-10 amended to read as follows:
3-11 (n) The Council for Social Work Certification is subject to
3-12 Chapter 325, Government Code (Texas Sunset Act). Unless continued
3-13 in existence as provided by that chapter, the council is abolished
3-14 and this section expires September 1, 1995 <1993>. If the council
3-15 is continued in existence beyond that date, subsequent sunset
3-16 provisions should be made to conform with those of the Texas
3-17 Department of Human Services.
3-18 SECTION 19. Section 22, Chapter 381, Acts of the 68th
3-19 Legislature, Regular Session, 1983 (Article 4512j, Vernon's Texas
3-20 Civil Statutes), is amended to read as follows:
3-21 Sec. 22. Sunset Provision. The State Committee of Examiners
3-22 for Speech-Language Pathology and Audiology is subject to Chapter
3-23 325, Government Code (Texas Sunset Act). Unless continued in
3-24 existence as provided by that chapter, the committee is abolished
3-25 and this Act expires September 1, 1995 <1993>.
3-26 SECTION 20. Section 5(i), The Veterinary Licensing Act
3-27 (Article 8890, Revised Statutes), is amended to read as follows:
3-28 (i) The State Board of Veterinary Medical Examiners is
3-29 subject to Chapter 325, Government Code (Texas Sunset Act). Unless
3-30 continued in existence as provided by that chapter, the board is
3-31 abolished and this Act expires September 1, 1995 <1993>.
3-32 SECTION 21. Section 5(p), Chapter 118, Acts of the 52nd
3-33 Legislature, Regular Session, 1951 (Article 4528c, Vernon's Texas
3-34 Civil Statutes), is amended to read as follows:
3-35 (p) The Board of Vocational Nurse Examiners is subject to
3-36 Chapter 325, Government Code (Texas Sunset Act). Unless continued
3-37 in existence as provided by that chapter, the board is abolished
3-38 and this Act expires September 1, 1995 <1993>.
3-39 SECTION 22. Section 481.003, Government Code, is amended to
3-40 read as follows:
3-41 Sec. 481.003. Sunset Provision. The Texas Department of
3-42 Commerce is subject to Chapter 325 (Texas Sunset Act). Unless
3-43 continued in existence as provided by that chapter, the department
3-44 is abolished and this chapter expires September 1, 1995 <1993>.
3-45 SECTION 23. Section 411.002(c), Government Code, is amended
3-46 to read as follows:
3-47 (c) The Department of Public Safety of the State of Texas is
3-48 subject to Chapter 325 (Texas Sunset Act). Unless continued in
3-49 existence as provided by that chapter, the department is abolished
3-50 and Subsections (a) and (b) expire September 1, 1995 <1993>.
3-51 SECTION 24. Section 2.07, State Purchasing and General
3-52 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
3-53 amended to read as follows:
3-54 Sec. 2.07. <APPLICATION OF> SUNSET PROVISION <ACT>. The
3-55 General Services Commission <commission> is subject to Chapter 325,
3-56 Government Code (Texas Sunset Act). Unless continued in existence
3-57 as provided by that chapter, the commission is abolished and this
3-58 Act expires September 1, 1995 <1993>.
3-59 SECTION 25. Section 5a, Public Utility Regulatory Act
3-60 (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
3-61 as follows:
3-62 Sec. 5a. Sunset Provision. The Public Utility Commission of
3-63 Texas and the Office of Public Utility Counsel are subject to
3-64 Chapter 325, Government Code (Texas Sunset Act). Unless continued
3-65 in existence as provided by that chapter, the commission and the
3-66 Office of Public Utility Counsel are abolished and this Act expires
3-67 September 1, 1995 <1993>.
3-68 SECTION 26. Article 1.02(d), Insurance Code, is amended to
3-69 read as follows:
3-70 (d) The Texas Department of Insurance is subject to Chapter
4-1 325, Government Code (Texas Sunset Act). Unless continued in
4-2 existence as provided by that chapter, the department is abolished
4-3 September 1, 1995 <1993>.
4-4 SECTION 27. Article 1.35A(k), Insurance Code, is amended to
4-5 read as follows:
4-6 (k) The office of public insurance counsel is subject to
4-7 Chapter 325, Government Code (Texas Sunset Act). Unless continued
4-8 in existence as provided by that chapter, the office is abolished
4-9 September 1, 1995 <1993>.
4-10 SECTION 28. Section 815.005, Government Code, is amended to
4-11 read as follows:
4-12 Sec. 815.005. Sunset Provision. The board of trustees of
4-13 the Employees Retirement System of Texas is subject to review under
4-14 Chapter 325 (Texas Sunset Act), but is not abolished under that
4-15 chapter. The board shall be reviewed during the period in which
4-16 state agencies abolished in 1995 <1993> and every 12th year after
4-17 1995 <1993> are reviewed.
4-18 SECTION 29. Section 825.006, Government Code, is amended to
4-19 read as follows:
4-20 Sec. 825.006. Sunset Provision. The board of trustees of
4-21 the Teacher Retirement System of Texas is subject to review under
4-22 Chapter 325 (Texas Sunset Act), but is not abolished under that
4-23 chapter. The board shall be reviewed during the period in which
4-24 state agencies abolished in 1995 <1993> and every 12th year after
4-25 1995 <1993> are reviewed.
4-26 SECTION 30. This Act takes effect September 1, 1993.
4-27 SECTION 31. The importance of this legislation and the
4-28 crowded condition of the calendars in both houses create an
4-29 emergency and an imperative public necessity that the
4-30 constitutional rule requiring bills to be read on three several
4-31 days in each house be suspended, and this rule is hereby suspended.
4-32 * * * * *
4-33 Austin,
4-34 Texas
4-35 May 28, 1993
4-36 Hon. Bob Bullock
4-37 President of the Senate
4-38 Sir:
4-39 We, your Committee on State Affairs to which was referred H.B.
4-40 No. 2794, have had the same under consideration, and I am
4-41 instructed to report it back to the Senate with the recommendation
4-42 that it do pass and be printed.
4-43 Harris of
4-44 Dallas, Chairman
4-45 * * * * *
4-46 WITNESSES
4-47 No witnesses appeared on H.B. No. 2794.