1-1  By:  Carriker                                          S.B. No. 623
    1-2        (In the Senate - Filed March 4, 1993; March 8, 1993, read
    1-3  first time and referred to Committee on Natural Resources;
    1-4  April 20, 1993, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 9, Nays 0; April 20, 1993,
    1-6  sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Sims                                           x   
   1-10        Truan              x                               
   1-11        Armbrister         x                               
   1-12        Barrientos         x                               
   1-13        Bivins             x                               
   1-14        Brown              x                               
   1-15        Carriker                                       x   
   1-16        Lucio              x                               
   1-17        Montford           x                               
   1-18        Ratliff            x                               
   1-19        Shelley            x                               
   1-20  COMMITTEE SUBSTITUTE FOR S.B. No. 623                 By:  Carriker
   1-21                         A BILL TO BE ENTITLED
   1-22                                AN ACT
   1-23  relating to the continuation and functions of the State Board of
   1-24  Veterinary Medical Examiners and to the regulation of the practice
   1-25  of veterinary medicine and the administration of dangerous drugs to
   1-26  animals; providing penalties.
   1-27        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-28        SECTION 1.  Section 2, The Veterinary Licensing Act (Article
   1-29  8890, Revised Statutes), is amended by amending Subdivision (2) and
   1-30  adding Subdivisions (7) through (11) to read as follows:
   1-31              (2)  <Any person shall be deemed in the> "Practice of
   1-32  Veterinary Medicine" means:
   1-33                    (A)  the diagnosis, treatment, correction,
   1-34  change, manipulation, relief, or prevention of animal disease,
   1-35  deformity, defect, injury, or other physical condition, including
   1-36  the prescription or administration of a drug, biologic, anesthetic,
   1-37  apparatus, or other therapeutic or diagnostic substance or
   1-38  technique;
   1-39                    (B)  the representation of an ability and
   1-40  willingness to perform an act included in Paragraph (A) of this
   1-41  subdivision;
   1-42                    (C)  the use of a title, words, or letters to
   1-43  induce the belief that a person is legally authorized and qualified
   1-44  to perform an act included in Paragraph (A) of this subdivision; or
   1-45                    (D)  the receipt of compensation for performing
   1-46  an act included in Paragraph (A) of this subdivision  <who
   1-47  represents himself as engaged in the practice of veterinary
   1-48  medicine; or uses any words, letters or titles in such connection
   1-49  or under such circumstances as to induce the belief that the person
   1-50  using them is engaged in the practice of veterinary medicine, or
   1-51  any person who performs a surgical or dental operation or who
   1-52  diagnoses, treats, immunizes or prescribes any prescription drug,
   1-53  prescription medicine, veterinary appliance, or veterinary
   1-54  application for any physical ailment, injury, deformity, or
   1-55  condition of animals, for compensation>.
   1-56              (7)  "Compensation" includes all fees, monetary
   1-57  rewards, discounts, and emoluments received directly or indirectly
   1-58  by a person.
   1-59              (8)  "Direct supervision" means the actual physical
   1-60  presence of a responsible veterinarian on the premises.
   1-61              (9)  "General supervision" means supervision by a
   1-62  responsible veterinarian being readily available to communicate
   1-63  with the person being supervised by the veterinarian.
   1-64              (10)  "Registered veterinary technician" means a person
   1-65  who works under the supervision of a licensee and who fulfills the
   1-66  requirements established by an organization approved by the Board.
   1-67              (11)  "Veterinary medicine" includes veterinary
   1-68  surgery, veterinary reproduction and obstetrics, veterinary
    2-1  dentistry, veterinary opthalmology, veterinary dermatology,
    2-2  veterinary cardiology, and all other disciplines and specialties of
    2-3  veterinary medicine.
    2-4        SECTION 2.  Section 2A, The Veterinary Licensing Act (Article
    2-5  8890, Revised Statutes), is amended to read as follows:
    2-6        Sec. 2A.  (a)  A veterinarian-client-patient relationship
    2-7  exists if:
    2-8              (1)  a veterinarian assumes responsibility for medical
    2-9  judgments regarding the health of an animal and a client who is the
   2-10  owner or other caretaker of the animal agrees to follow the
   2-11  veterinarian's instructions; <or>
   2-12              (2)  there is sufficient knowledge of the animal by the
   2-13  veterinarian to initiate at least a general or preliminary
   2-14  diagnosis of the medical condition of the animal.  This means that
   2-15  the veterinarian has recently seen and/or is personally acquainted
   2-16  with the keeping and care of the animal by virtue of the
   2-17  examination of the animal, and/or by medically appropriate and
   2-18  timely visits to the premises where the animal is kept; and
   2-19              (3)  the veterinarian is readily available to provide
   2-20  or has provided follow-up medical care in case of an adverse
   2-21  reaction or failure of the regimen of therapy provided by the
   2-22  veterinarian.
   2-23        (b)  The professional services of a veterinarian may not be
   2-24  controlled or exploited by any person or entity not licensed under
   2-25  this Act that intervenes between the client and the veterinarian.
   2-26  A veterinarian may not allow a person or entity not licensed under
   2-27  this Act to interfere or intervene with the veterinarian's practice
   2-28  of veterinary medicine and a veterinarian may not submit to
   2-29  interference or intervention by a person or entity not licensed
   2-30  under this Act.  A veterinarian shall avoid all relationships that
   2-31  may result in interference or intervention in the veterinarian's
   2-32  practice by a person or entity not licensed under this Act.  A
   2-33  veterinarian is responsible for the veterinarian's own actions and
   2-34  is directly responsible to the client and for the care and
   2-35  treatment of the patient.  <a veterinarian, through personal
   2-36  examination of an animal or a representative sample of a herd or
   2-37  flock, obtains sufficient information to make at least a general or
   2-38  preliminary diagnosis of the medical condition of the animal, herd,
   2-39  or flock, which is expanded through medically appropriate visits to
   2-40  the premises where the animal, herd, or flock is kept.>
   2-41        SECTION 3.  Section 3, The Veterinary Licensing Act (Article
   2-42  8890, Revised Statutes), is amended by amending Subsection (a) and
   2-43  adding Subsection (e) to read as follows:
   2-44        (a)  The provisions of this Act do <shall> not apply to:
   2-45              (1)  treatment <Treatment> or caring for animals in any
   2-46  manner either personally by the owner <thereof,> or by any employee
   2-47  of the owner or a designated caretaker <thereof>, unless the
   2-48  ownership, <or> employment, or designation was <has been>
   2-49  established with the intent of circumventing this Act;<.>
   2-50              (2)  a person who performs acts prescribed by the Board
   2-51  as accepted livestock management practices, including:
   2-52                    (A)  performing <Performance of> the operation of
   2-53  male castration on animals raised for human consumption, or docking
   2-54  or earmarking of animals raised for human consumption;
   2-55                    (B)  performing<.  (3)  Performance of> the
   2-56  operation of dehorning cattle;
   2-57                    (C)  aiding<, or aid> in the nonsurgical birth
   2-58  process in large animals, as defined by Board rule;
   2-59                    (D)  treating<.  (4)  Treatment of> animals for
   2-60  disease prevention <internal or external parasites, or vaccination
   2-61  for black-leg, shipping fever, or sore mouth> with a
   2-62  nonprescription medicine or vaccine;
   2-63                    (E)  branding or identification of animals in any
   2-64  manner;
   2-65                    (F)  artificial insemination, including training,
   2-66  insemination, and compensation for services associated with this
   2-67  practice; and
   2-68                    (G)  shoeing horses;
   2-69              (3)  the performance<.  (5)  Selling by a retail
   2-70  distributor of a nonprescription medicine, remedy or insecticide
    3-1  which is adequately labeled.>
    3-2              <(6)  Performance> of cosmetic or production techniques
    3-3  to reduce injury in poultry intended for human consumption;
    3-4              (4)  the performance of duties involving food
    3-5  production animals, other than diagnosis, prescription, or surgery,
    3-6  by an employee of a licensed veterinarian under the direction and
    3-7  general supervision of the veterinarian who shall be responsible
    3-8  for the employee's performance; and
    3-9              (5)  the performance of acts<.  (7)  Branding animals
   3-10  in any manner.>
   3-11              <(8)  Acts performed> by persons who are full-time
   3-12  students of an accredited college of veterinary medicine or who are
   3-13  foreign graduates of a Board-approved equivalent competency program
   3-14  for foreign veterinary graduates and who are participating in an
   3-15  extern or preceptor program approved by the Board if the acts are
   3-16  performed under direct supervision of a licensee employing the
   3-17  person.
   3-18        (e)  This Act does not apply to consultations by a
   3-19  veterinarian residing in another state who is lawfully qualified
   3-20  under the laws of that state with a licensed veterinarian in this
   3-21  state.
   3-22        SECTION 4.  Section 4, The Veterinary Licensing Act (Article
   3-23  8890, Revised Statutes), is amended to read as follows:
   3-24        Sec. 4.  (a)  Except as provided by Section 3 of this Act, a
   3-25  person may not practice, offer or attempt to practice veterinary
   3-26  medicine in this State without first having obtained a valid
   3-27  license to do so from the Texas Board of Veterinary Medical
   3-28  Examiners.
   3-29        (b)  A person commits an offense if the person violates this
   3-30  section.  The offense is a Class A misdemeanor.
   3-31        SECTION 5.  Section 5, The Veterinary Licensing Act (Article
   3-32  8890, Revised Statutes), is amended by amending Subsections (b),
   3-33  (c), (d), (g), (i), and (k) through (o) and adding Subsections (p)
   3-34  and (q) to read as follows:
   3-35        (b)  Appointments to the Board shall be made without regard
   3-36  to the race, color <creed>, disability, sex, religion, age, or
   3-37  national origin of the appointees.  Six members must be licensed
   3-38  veterinarians and three members must be members of the general
   3-39  public.  Not more than one veterinarian member of the Board may be
   3-40  a member of the faculty of a college of veterinary medicine.
   3-41        (c)  To be eligible for appointment to the Board as a
   3-42  licensed veterinarian member, a person must:
   3-43              (1)  have resided in the state and practiced veterinary
   3-44  medicine for the six years next preceding his appointment;
   3-45              (2)  be of good repute; and
   3-46              (3)  not be licensed under Section 10A of this Act <a
   3-47  member of the faculty of any veterinary medical college or of the
   3-48  veterinary medical department of any college or have a financial
   3-49  interest in a veterinary medical college>.
   3-50        (d)  A person is not eligible for appointment as a public
   3-51  member if the person or the person's spouse:
   3-52              (1)  is licensed by an occupational regulatory agency
   3-53  in the field of health care;
   3-54              (2)  is employed by or participates in the management
   3-55  of a business entity or other organization that provides
   3-56  health-care services or that sells, manufactures, or distributes
   3-57  health-care supplies or equipment or that is regulated by the Board
   3-58  or receives funds from the Board; <or>
   3-59              (3)  owns, controls, or has, directly or indirectly,
   3-60  more than a 10 percent interest in a business entity or other
   3-61  organization that provides health-care services or that sells,
   3-62  manufactures, or distributes health-care supplies or equipment or
   3-63  that is regulated by the Board or receives funds from the Board;
   3-64  or
   3-65              (4)  uses or receives a substantial amount of tangible
   3-66  goods, services, or funds from the Board, other than compensation
   3-67  or reimbursement authorized by law for Board membership,
   3-68  attendance, or expenses.
   3-69        (g)  At its first meeting each year the Board shall elect
   3-70  from its number a president and any other officers it considers
    4-1  necessary or convenient.  Five <Six> members of the Board
    4-2  constitute a quorum for the transaction of Board business.
    4-3        (i)  The State Board of Veterinary Medical Examiners is
    4-4  subject to Chapter 325, Government Code (Texas Sunset Act).  Unless
    4-5  continued in existence as provided by that chapter, the board is
    4-6  abolished and this Act expires September 1, 2005 <1993>.
    4-7        (k)  An officer, employee, or paid consultant of a Texas
    4-8  trade association in the field of health care may not be a member
    4-9  or employee of the Board who is exempt from the state's position
   4-10  classification plan or is compensated at or above the amount
   4-11  prescribed by the General Appropriations Act for step 1, salary
   4-12  group 17, of the position classification salary schedule.
   4-13        (l)  A person who is the spouse of an officer, manager, or
   4-14  paid consultant of a Texas trade association in the field of health
   4-15  care may not be a Board member and may not be an employee of the
   4-16  Board who is exempt from the state's position classification plan
   4-17  or is compensated at or above the amount prescribed by the General
   4-18  Appropriations Act for step 1, salary group 17, of the position
   4-19  classification salary schedule.
   4-20        (m)  For the purposes of Subsections (k) and (l) of this
   4-21  section, a Texas trade association is a nonprofit, cooperative, and
   4-22  voluntarily joined association of business or professional
   4-23  competitors in this state designed to assist its members and its
   4-24  industry or profession in dealing with mutual business or
   4-25  professional problems and in promoting their common interest <A
   4-26  member or employee of the Board may not be an officer, employee, or
   4-27  paid consultant of a trade association in the veterinary medical
   4-28  industry>.
   4-29        (n) <(l)  A member or employee of the Board may not be
   4-30  related within the second degree by affinity or consanguinity, as
   4-31  determined under Article 5996h, Revised Statutes, to a person who
   4-32  is an officer, employee, or paid consultant of a trade association
   4-33  in the regulated industry>.
   4-34        <(m)>  A person may not serve as a member of the Board or act
   4-35  as general counsel to the Board if the person <who> is required to
   4-36  register as a lobbyist under Chapter 305, Government Code, because
   4-37  of the person's activities for compensation on behalf of a
   4-38  profession related to the operation of the Board <may not serve as
   4-39  a member of the Board or act as the general counsel to the Board>.
   4-40        (o) <(n)>  It is a ground for removal from the Board if a
   4-41  member:
   4-42              (1)  does not have at the time of appointment the
   4-43  qualifications required by Subsection (c) or (d) of this section
   4-44  <for appointment to the Board>;
   4-45              (2)  does not maintain during <his> service on the
   4-46  Board the qualifications required by Subsection (c) or (d) of this
   4-47  section <for appointment to the Board>;
   4-48              (3)  violates a prohibition established by Subsection
   4-49  (k), (l), or (n) <(m)> of this section; <or>
   4-50              (4)  cannot discharge the member's term for a
   4-51  substantial part of the term for which the member is appointed
   4-52  because of illness or disability; or
   4-53              (5)  is absent from more than <fails to attend at
   4-54  least> half of the regularly scheduled Board meetings that the
   4-55  member is eligible to attend during <held in> a calendar year
   4-56  unless the absence is excused by majority vote<, excluding meetings
   4-57  held while the person was not a member> of the Board.
   4-58        (p) <(o)>  The validity of an action of the Board is not
   4-59  affected by the fact that it was taken when a ground for removal of
   4-60  a Board member exists <of the Board existed>.
   4-61        (q)  If the executive director has knowledge that a potential
   4-62  ground for removal exists, the executive director shall notify the
   4-63  president of the Board of the ground.  The president shall then
   4-64  notify the governor that a potential ground for removal exists.
   4-65        SECTION 6.  The Veterinary Licensing Act (Article 8890,
   4-66  Revised Statutes) is amended by adding Section 5A to read as
   4-67  follows:
   4-68        Sec. 5A.  (a)  Each Board member shall comply with the Board
   4-69  member training requirements established by any other state agency
   4-70  that is given authority to establish the requirements for the
    5-1  Board.
    5-2        (b)  The Board shall provide to its members and employees, as
    5-3  often as necessary, information regarding their qualifications for
    5-4  office or employment under this Act and their responsibilities
    5-5  under applicable laws relating to standards of conduct for state
    5-6  officers or employees.
    5-7        SECTION 7.  The Veterinary Licensing Act (Article 8890,
    5-8  Revised Statutes) is amended by adding Section 5B to read as
    5-9  follows:
   5-10        Sec. 5B.  The Board shall develop and implement policies that
   5-11  clearly define the respective responsibilities of the Board and the
   5-12  staff of the Board.
   5-13        SECTION 8.  Subsection (b), Section 6, The Veterinary
   5-14  Licensing Act (Article 8890, Revised Statutes), is amended to read
   5-15  as follows:
   5-16        (b)  The executive director or the executive director's
   5-17  designee shall develop an intra-agency <intraagency> career ladder
   5-18  program.  The program shall require intra-agency<, one part of
   5-19  which shall be the intraagency> posting of all nonentry level
   5-20  positions concurrently with <for at least 10 days before> any
   5-21  public posting.
   5-22        SECTION 9.  The Veterinary Licensing Act (Article 8890,
   5-23  Revised Statutes) is amended by adding Section 6A to read as
   5-24  follows:
   5-25        Sec. 6A.  (a)  The executive director or the director's
   5-26  designee shall prepare and maintain a written policy statement to
   5-27  ensure implementation of a program of equal employment opportunity
   5-28  under which all personnel transactions are made without regard to
   5-29  race, color, disability, sex, religion, age, or national origin.
   5-30  The policy statement must include:
   5-31              (1)  personnel policies, including policies relating to
   5-32  recruitment, evaluation, selection, application, training, and
   5-33  promotion of personnel that are in compliance with the Commission
   5-34  on Human Rights Act (Article 5221k, Vernon's Texas Civil Statutes)
   5-35  and its subsequent amendments;
   5-36              (2)  a comprehensive analysis of the Board work force
   5-37  that meets federal and state guidelines;
   5-38              (3)  procedures by which a determination can be made of
   5-39  significant underutilization in the Board work force of all persons
   5-40  for whom federal or state guidelines encourage a more equitable
   5-41  balance; and
   5-42              (4)  reasonable methods to address those areas of
   5-43  underutilization appropriately.
   5-44        (b)  A policy statement prepared under Subsection (a) of this
   5-45  section must cover an annual period, be updated annually, be
   5-46  reviewed by the Commission on Human Rights for compliance with
   5-47  Subsection (a)(1) of this section, and be filed with the governor's
   5-48  office.
   5-49        (c)  The governor's office shall deliver a biennial report to
   5-50  the legislature based on the information received under Subsection
   5-51  (b) of this section.  The report may be made separately or as part
   5-52  of other biennial reports to the legislature.
   5-53        SECTION 10.  The Veterinary Licensing Act (Article 8890,
   5-54  Revised Statutes) is amended by adding Section 6B to read as
   5-55  follows:
   5-56        Sec. 6B.  (a)  The Board shall develop and implement policies
   5-57  that provide the public with a reasonable opportunity to appear
   5-58  before the Board and to speak on any issue under the jurisdiction
   5-59  of the Board.
   5-60        (b)  The Board shall prepare and maintain a written plan that
   5-61  describes how a person who does not speak English can be provided
   5-62  reasonable access to the Board's programs.  The Board shall also
   5-63  comply with federal and state laws for program and facility
   5-64  accessibility.
   5-65        SECTION 11.  Subsections (b) and (c), Section 7, The
   5-66  Veterinary Licensing Act (Article 8890, Revised Statutes), are
   5-67  amended to read as follows:
   5-68        (b)  The Board shall adopt rules to protect the public and to
   5-69  ensure that the performance of alternate therapies, including
   5-70  ultrasound diagnosis and therapy, magnetic field therapy, holistic
    6-1  medicine, homeopathy, chiropractic treatment, acupuncture, and
    6-2  laser therapy are performed only by a licensee or under the
    6-3  supervision of a licensee.
    6-4        (c)  The Board may adopt rules for the use of registered
    6-5  veterinary technicians working under the supervision of a licensee.
    6-6        (d)  The Board shall require its licensees to maintain a
    6-7  record-keeping system for controlled substances, as prescribed by
    6-8  Chapter 481, Health and Safety Code.  The records are subject to
    6-9  review by law enforcement agencies and by representatives of the
   6-10  Board.  A failure to keep such records shall be grounds for
   6-11  revoking, cancelling, suspending, or probating the license of any
   6-12  practitioner of veterinary medicine.
   6-13        (e) <(c)>  After notice and hearing, the Board may approve an
   6-14  exception to a rule adopted by the Board.  The Board may consider
   6-15  an exception on the request of a person subject to regulation by
   6-16  the Board.
   6-17        SECTION 12.  Subsection (d), Section 9, The Veterinary
   6-18  Licensing Act (Article 8890, Revised Statutes), is amended to read
   6-19  as follows:
   6-20        (d)  The investigation files and records of the Board,
   6-21  including files and records relating to complaints found to be
   6-22  groundless, are confidential.
   6-23        SECTION 13.  Section 10, The Veterinary Licensing Act
   6-24  (Article 8890, Revised Statutes), is amended by amending Subsection
   6-25  (b) and adding Subsections (c), (d), and (e) to read as follows:
   6-26        (b)  The Board may grant a provisional license to an
   6-27  applicant who presents proof of a current license in another state,
   6-28  the District of Columbia, or a territory of the United States that
   6-29  maintains professional standards considered by the Board to be
   6-30  equivalent to those set forth in this Act <waive any license
   6-31  requirement for an applicant with a valid license from any
   6-32  jurisdiction whose licensing requirements are approved by the
   6-33  Board.  The Board may require the applicant to demonstrate
   6-34  proficiency and competency through a skills assessment examination
   6-35  prescribed by the Board>.  An applicant for a provisional license
   6-36  under this section must:
   6-37              (1)  be licensed in good standing as a veterinarian in
   6-38  another state, the District of Columbia, or a territory of the
   6-39  United States that has licensing requirements that are
   6-40  substantially equivalent to the requirements of this Act;
   6-41              (2)  have passed a national or other examination
   6-42  recognized by the Board relating to veterinary medicine; and
   6-43              (3)  be sponsored by a person licensed by the Board
   6-44  under this Act with whom the provisional licensee may practice
   6-45  under this section.
   6-46        (c)  An applicant for a provisional license may be excused
   6-47  from the requirement of Subsection (b)(3) of this section if the
   6-48  Board determines that compliance with that subsection constitutes a
   6-49  hardship to the applicant.
   6-50        (d)  A provisional license is valid until the date the Board
   6-51  approves or denies the provisional licensee's application for a
   6-52  license.  The Board shall issue a license under this Act to the
   6-53  holder of a provisional license under this section if:
   6-54              (1)  the provisional licensee passes the examination
   6-55  under Section 12 of this Act;
   6-56              (2)  the Board verifies that the provisional licensee
   6-57  has the academic and experience requirements for a license under
   6-58  this Act; and
   6-59              (3)  the provisional licensee satisfies any other
   6-60  license requirements under this Act.
   6-61        (e)  The Board must complete the processing of a provisional
   6-62  licensee's application for a license not later than the 180th day
   6-63  after the date the provisional license is issued.
   6-64        SECTION 14.  The Veterinary Licensing Act (Article 8890,
   6-65  Revised Statutes) is amended by adding Section 10B to read as
   6-66  follows:
   6-67        Sec. 10B.  (a)  The Board by rule may provide for the
   6-68  issuance of a temporary license.
   6-69        (b)  The Board by rule may provide for a person who holds a
   6-70  license under this Act to be placed on inactive status.  Rules
    7-1  adopted under this subsection shall include a time limit for a
    7-2  licensee to remain on inactive status.
    7-3        SECTION 15.  Subsections (c), (e), and (f), Section 12, The
    7-4  Veterinary Licensing Act (Article 8890, Revised Statutes), are
    7-5  amended to read as follows:
    7-6        (c)  Examinations may be given orally, in writing, or a
    7-7  practical demonstration of the applicant's skill, or any
    7-8  combination of these as the Board may determine.  The Board shall
    7-9  have the written portion of the examination, if any, validated by
   7-10  an independent testing professional.
   7-11        (e)  Not later than the 30th day after the date on which a
   7-12  licensing examination is administered under this Act, the <The>
   7-13  Board shall notify each examinee of the <examination> results of
   7-14  the examination <not later than the 14th day after the date on
   7-15  which the Board has obtained all of the examination results>.
   7-16  However, if an examination is graded or reviewed by a national
   7-17  testing service, the Board shall notify examinees of the results of
   7-18  the examination not later than the 14th day after the date on which
   7-19  the Board receives the results from the testing service.  If the
   7-20  notice of the examination results graded or reviewed by a national
   7-21  testing service will be delayed for longer <more> than 90 days
   7-22  after the examination date, the Board shall notify the examinee of
   7-23  the reason for the delay before the 90th day.
   7-24        (f)  If requested in writing by a person who fails a <the
   7-25  state Board> licensing examination administered under this Act, the
   7-26  Board shall furnish the person with an analysis <a review> of the
   7-27  person's performance on the examination.  <The Board shall conduct
   7-28  the review at its main office in Austin, Texas.>
   7-29        SECTION 16.  Section 13, The Veterinary Licensing Act
   7-30  (Article 8890, Revised Statutes), is amended to read as follows:
   7-31        Sec. 13.  (a)  A person may renew an unexpired license by
   7-32  paying to the Board before the expiration of the license the
   7-33  required renewal fee  <Licenses shall expire March 1st of each
   7-34  calendar year, and any licensee may renew the license on or before
   7-35  March 1st by making written application to the Board setting forth
   7-36  such facts as the Board may require, and by paying the required
   7-37  fee>.
   7-38        (b)  <A person may renew an unexpired license by paying to
   7-39  the Board before the expiration date of the license the required
   7-40  renewal fee.>  If a person's license has been expired for <not more
   7-41  than> 90 days or less, the person may renew the license by paying
   7-42  to the Board the required renewal fee and a fee that is one-half
   7-43  <(1/2)> of the examination fee for the license.
   7-44        (c)  If a person's license has been expired for longer <more>
   7-45  than 90 days but less than one year <two years>, the person may
   7-46  renew the license by paying to the Board all unpaid renewal fees
   7-47  and a fee that is equal to the examination fee for the license.
   7-48        (d)  If a person's license has been expired for one year <two
   7-49  years> or longer <more>, the person may not renew the license.  The
   7-50  person may obtain a new license by submitting to reexamination and
   7-51  complying with the requirements and procedures for obtaining an
   7-52  original license.  However, the Board may renew without
   7-53  reexamination an expired license of a person who was licensed in
   7-54  this state, moved to another state, and is currently licensed and
   7-55  has been in practice in the other state for the two years preceding
   7-56  application.  The person must pay to the Board a fee that is equal
   7-57  to the examination fee for the license.
   7-58        (e)  At least 30 days before the expiration of a person's
   7-59  license, the Board shall send written notice of the impending
   7-60  license expiration to the person at the licensee's last known
   7-61  address according to the records of the Board.
   7-62        (f) <(c)>  The requirements governing the payment of the
   7-63  annual renewal fee and the penalty for late renewal shall not apply
   7-64  to licensees who are on active duty with the Armed Forces of the
   7-65  United States of America and who do not engage in private or
   7-66  civilian practice or to licensees who are permanently and totally
   7-67  retired.
   7-68        (g)  The Board by rule shall establish a minimum number of
   7-69  hours of continuing education required to renew a license under
   7-70  this Act.  The Board may establish broad general categories of
    8-1  continuing education that meet the needs of licensees and may
    8-2  require licensees to successfully complete continuing education
    8-3  courses.
    8-4        <(d)  The Board may recognize, prepare, or implement
    8-5  continuing education programs for veterinarians.  Participation in
    8-6  the programs is voluntary.>
    8-7        SECTION 17.  Section 14, The Veterinary Licensing Act
    8-8  (Article 8890, Revised Statutes), is amended by amending Subsection
    8-9  (a) and adding Subsections (d), (e), and (f) to read as follows:
   8-10        (a)  Except as provided by this section with respect to
   8-11  conviction of a felony under Chapter 481, Health and Safety Code,
   8-12  Section 485.033, Health and Safety Code, or Chapter 483, Health and
   8-13  Safety Code, the Board may revoke or suspend a license, impose a
   8-14  civil penalty, place a licensee or person whose license has been
   8-15  suspended on probation, or reprimand a licensee, or may refuse to
   8-16  examine an applicant or to issue a license or a renewal of a
   8-17  license, after notice and hearing as provided in Section 15 of this
   8-18  Act, or as provided by the rules of the Board, if it finds that an
   8-19  applicant or licensee:
   8-20              (1)  has presented to the Board dishonest or fraudulent
   8-21  evidence of qualification or has been guilty of fraud or deception
   8-22  in the process of examination, or for the purpose of securing a
   8-23  license;
   8-24              (2)  is chronically or habitually intoxicated, has a
   8-25  chemical dependency, or is addicted to drugs;
   8-26              (3)  has engaged in dishonest or illegal practices in
   8-27  or connected with the practice of veterinary medicine;
   8-28              (4)  has been convicted of a felony under the laws of
   8-29  this or any other state of the United States or of the United
   8-30  States;
   8-31              (5)  has engaged in practices or conduct in connection
   8-32  with the practice of veterinary medicine which are violative of the
   8-33  standards of professional conduct as duly promulgated by the Board
   8-34  in accordance with law;
   8-35              (6)  has permitted or allowed another to use his
   8-36  license, or certificate to practice veterinary medicine in this
   8-37  state;
   8-38              (7)  has fraudulently issued a health certificate,
   8-39  vaccination certificate, test chart, or other form used in the
   8-40  practice of veterinary medicine that relates to the presence or
   8-41  absence of animal disease;
   8-42              (8)  has issued a false certificate relating to the
   8-43  sale for human consumption of inedible animal products;
   8-44              (9)  has committed fraud in the application or
   8-45  reporting of any test of animal disease;
   8-46              (10)  has paid or received any kickback, rebate, bonus,
   8-47  or other remuneration for treating an animal or for referring a
   8-48  client to another provider of veterinary services or goods;
   8-49              (11)  has performed or prescribed unnecessary or
   8-50  unauthorized treatment;
   8-51              (12)  has ordered prescription drugs or controlled
   8-52  substances for the treatment of an animal without first
   8-53  establishing a valid veterinarian-patient-client relationship;
   8-54              (13)  has refused to admit a representative of the
   8-55  Board to inspect the client and patient records and business
   8-56  premises of the person during regular business hours;
   8-57              (14)  has failed to keep the equipment and business
   8-58  premises in a sanitary condition;
   8-59              (15)  has committed gross malpractice or is guilty of a
   8-60  pattern of acts indicating consistent malpractice, negligence, or
   8-61  incompetence in the practice of veterinary medicine; or
   8-62              (16)  is subject to a disciplinary action in another
   8-63  jurisdiction, including the suspension, probation, or revocation of
   8-64  a license to practice veterinary medicine issued by another
   8-65  jurisdiction.
   8-66        (d)  A person not licensed under this Act who violates this
   8-67  Act or a rule adopted by the Board under this Act is subject to a
   8-68  civil penalty of $1,000 for each day of violation.  At the request
   8-69  of the Board, the attorney general shall bring an action to recover
   8-70  a civil penalty authorized under this subsection.
    9-1        (e)  In addition to the other disciplinary actions authorized
    9-2  by this section, the Board may require that a licensee who violates
    9-3  this Act participate in continuing education programs.  The Board
    9-4  shall specify the continuing education programs that may be
    9-5  attended and the number of hours that must be completed by an
    9-6  individual licensee to fulfill the requirements of this subsection.
    9-7  However, the continuing education programs specified by the Board
    9-8  must be relevant to the violation, and the number of hours required
    9-9  under this subsection are not in addition to the hours required to
   9-10  renew a license under this Act.
   9-11        (f)  If a license suspension is probated, the Board may
   9-12  require the licensee to:
   9-13              (1)  report regularly to the Board on matters that are
   9-14  the basis of the probation;
   9-15              (2)  limit practice to the areas prescribed by the
   9-16  Board; or
   9-17              (3)  continue or review continuing professional
   9-18  education until the licensee attains a degree of skill satisfactory
   9-19  to the Board in those areas that are the basis of the probation.
   9-20        SECTION 18.  Section 14B, The Veterinary Licensing Act
   9-21  (Article 8890, Revised Statutes), is amended to read as follows:
   9-22        Sec. 14B.  (a)  The <If a person violates this Act in a
   9-23  manner that constitutes grounds for disciplinary action by the
   9-24  Board, the> Board may impose an administrative <assess a civil>
   9-25  penalty against a <that> person who violates a provision of this
   9-26  Act or a rule or order adopted <in addition to taking action> under
   9-27  <Section 14 or 14A of> this Act.
   9-28        (b)  The <Board may assess the civil> penalty for each
   9-29  violation may be in an amount not to exceed $2,500.  The penalty
   9-30  for a violation related to a controlled substance may not exceed
   9-31  $5,000 per violation.
   9-32        (c)  The Board shall base the amount of the penalty on:
   9-33              (1)  the seriousness of the violation, including the
   9-34  nature, circumstances, extent, and gravity of any prohibited acts,
   9-35  and the hazard or potential hazard created to the health, safety,
   9-36  or economic welfare of the public;
   9-37              (2)  the economic harm to property or the environment
   9-38  caused by the violation;
   9-39              (3)  the history of previous violations;
   9-40              (4)  the amount necessary to deter future violations;
   9-41              (5)  efforts to correct the violation; and
   9-42              (6)  any other matter that justice may require.  <In
   9-43  determining the amount of the penalty, the Board shall consider the
   9-44  seriousness of the violation.>
   9-45        SECTION 19.  The Veterinary Licensing Act (Article 8890,
   9-46  Revised Statutes) is amended by adding Section 14C to read as
   9-47  follows:
   9-48        Sec. 14C.  (a)  An executive committee of the Board,
   9-49  consisting of the president of the Board and two other Board
   9-50  members appointed by the president, may temporarily suspend the
   9-51  license of a licensee under this Act if the executive committee
   9-52  determines from the evidence or information presented to the
   9-53  committee that the continued practice by the licensee constitutes a
   9-54  continuing or imminent threat to the public welfare.
   9-55        (b)  A temporary suspension authorized under Subsection (a)
   9-56  of this section may also be ordered on a majority vote of the
   9-57  Board.
   9-58        (c)  A license temporarily suspended under this section may
   9-59  be suspended without notice or hearing if, at the time the
   9-60  suspension is ordered, a hearing on whether disciplinary
   9-61  proceedings under this Act should be initiated against the licensee
   9-62  is scheduled to be held not later than the 14th day after the date
   9-63  of the suspension.  A second hearing on the suspended license shall
   9-64  be held not later than the 60th day after the date the suspension
   9-65  was ordered.  If the second hearing is not held in the time
   9-66  required by this subsection, the suspended license is automatically
   9-67  reinstated.
   9-68        (d)  The Board by rule shall adopt procedures for the
   9-69  temporary suspension of a license under this section.
   9-70        SECTION 20.  Section 15, The Veterinary Licensing Act
   10-1  (Article 8890, Revised Statutes), is amended to read as follows:
   10-2        Sec. 15.  (a)  If the Board refuses to examine an applicant
   10-3  for a license, refuses a person's application for a license,
   10-4  suspends or revokes a person's license, or places on probation,
   10-5  reprimands, or assesses a civil penalty against a licensee, the
   10-6  applicant or licensee is entitled to a hearing before the State
   10-7  Office of Administrative Hearings <Board>.  The proceedings are
   10-8  governed by the Administrative Procedure and Texas Register Act, as
   10-9  amended (Article 6252-13a, Vernon's Texas Civil Statutes).  The
  10-10  schedule of sanctions adopted by the Board by rule shall be used by
  10-11  the State Office of Administrative Hearings for any sanction
  10-12  imposed as the result of a hearing conducted by that office.
  10-13        (b)  The Board may in its discretion conduct deliberations
  10-14  relative to licensee disciplinary actions in executive session.  At
  10-15  the conclusion of its deliberations relative to licensee
  10-16  disciplinary action, the Board shall vote and announce its decision
  10-17  to the licensee in open session.
  10-18        SECTION 21.  Section 17, The Veterinary Licensing Act
  10-19  (Article 8890, Revised Statutes), is amended to read as follows:
  10-20        Sec. 17.  The Board, through the Attorney General or any
  10-21  District or County Attorney, may institute any injunction
  10-22  proceeding or any such other proceeding incident to such injunction
  10-23  proceeding as to enforce the provisions of this Act and to enjoin
  10-24  any person from the practice of veterinary medicine, as defined in
  10-25  this Act, without such person having complied with the other
  10-26  provisions of this Act.  The venue for such injunction proceedings
  10-27  shall be in the county of the residence of the person against whom
  10-28  such injunction proceedings are instituted.  If the person does not
  10-29  reside in this state, venue is in Travis County.
  10-30        SECTION 22.  Subsection (b), Section 18, The Veterinary
  10-31  Licensing Act (Article 8890, Revised Statutes), is amended to read
  10-32  as follows:
  10-33        (b)  A person commits an offense if the person violates this
  10-34  Act.  An offense under this subsection is a Class A <B>
  10-35  misdemeanor.
  10-36        SECTION 23.  Section 18A, The Veterinary Licensing Act
  10-37  (Article 8890, Revised Statutes), is amended to read as follows:
  10-38        Sec. 18A.  (a)  The Board shall prepare information of public
  10-39  <consumer> interest describing the <regulatory> functions of the
  10-40  Board and the Board's procedures by which <consumer> complaints are
  10-41  filed with and resolved by the Board.  The Board shall make the
  10-42  information available to the <general> public and appropriate state
  10-43  agencies.
  10-44        (b)  The Board by rule shall establish methods by which
  10-45  consumers and service recipients are notified of the name, mailing
  10-46  address, and telephone number of the Board for the purpose of
  10-47  directing complaints to the Board.
  10-48        (c)  The Board shall list along with its regular telephone
  10-49  number the toll-free telephone number that may be called to present
  10-50  a complaint about a veterinarian if the toll-free number is
  10-51  established under other state law <shall maintain an information
  10-52  file about each complaint filed with the Board relating to a
  10-53  licensee.>
  10-54        <(c)  If a written complaint is filed with the Board relating
  10-55  to a licensee, the Board, at least as frequently as quarterly and
  10-56  until final disposition of the complaint, shall notify the parties
  10-57  to the complaint of the status of the complaint unless the notice
  10-58  would jeopardize an undercover investigation>.
  10-59        SECTION 24.  Section 18B, The Veterinary Licensing Act
  10-60  (Article 8890, Revised Statutes), is amended to read as follows:
  10-61        Sec. 18B.  (a)  The Board shall maintain an information file
  10-62  about each complaint filed with the Board <relating to a licensee>.
  10-63  The Board's information file shall be kept current and contain a
  10-64  record for each complaint of:
  10-65              (1)  all persons contacted in relation to the
  10-66  complaint;
  10-67              (2)  a summary of findings made at each step of the
  10-68  complaint process;
  10-69              (3)  an explanation of the legal basis and reason for a
  10-70  complaint that is dismissed; and
   11-1              (4)  other relevant information.
   11-2        (b)  If a written complaint is filed with the Board that the
   11-3  Board has authority to resolve <relating to a licensee>, the Board,
   11-4  at least as frequently as quarterly and until final disposition of
   11-5  the complaint, shall notify the parties to the complaint of the
   11-6  status of the complaint unless the notice would jeopardize an
   11-7  undercover investigation.
   11-8        (c)  The Board by rule shall adopt a form to standardize
   11-9  information concerning complaints made to the Board.  The Board by
  11-10  rule shall prescribe information to be provided to a person when
  11-11  the person files a complaint with the Board.
  11-12        (d)  The Board shall provide reasonable assistance to a
  11-13  person who wishes to file a complaint with the Board.
  11-14        SECTION 25.  The Veterinary Licensing Act (Article 8890,
  11-15  Revised Statutes) is amended by adding Section 18D to read as
  11-16  follows:
  11-17        Sec. 18D.  (a)  The Board shall adopt rules concerning the
  11-18  investigation of a complaint filed with the Board.  The rules
  11-19  adopted under this subsection shall:
  11-20              (1)  distinguish between categories of complaints;
  11-21              (2)  ensure that complaints are not dismissed without
  11-22  appropriate consideration;
  11-23              (3)  require that the Board be advised of a complaint
  11-24  that is dismissed and that a letter be sent to the person who filed
  11-25  the complaint explaining the action taken on the dismissed
  11-26  complaint;
  11-27              (4)  ensure that the person who filed the complaint has
  11-28  an opportunity to explain the allegations made in the complaint;
  11-29  and
  11-30              (5)  prescribe guidelines concerning the categories of
  11-31  complaints that require the use of a private investigator and the
  11-32  procedures for the Board to obtain the services of a private
  11-33  investigator.
  11-34        (b)  The Board shall dispose of all complaints in a timely
  11-35  manner.  The Board shall establish a schedule for conducting each
  11-36  phase of a complaint that is under the control of the Board not
  11-37  later than the 30th day after the date the complaint is received by
  11-38  the Board.  The schedule shall be kept in the information file for
  11-39  the complaint and all parties shall be notified of the projected
  11-40  time requirements for pursuing the complaint.  A change in the
  11-41  schedule must be noted in the complaint information file and all
  11-42  parties to the complaint must be notified not later than the
  11-43  seventh day after the date the change is made.
  11-44        (c)  The executive director of the Board shall notify the
  11-45  Board of a complaint that extends beyond the time prescribed by the
  11-46  Board for resolving the complaint so that the Board may take
  11-47  necessary action on the complaint.
  11-48        SECTION 26.  The Veterinary Licensing Act (Article 8890,
  11-49  Revised Statutes) is amended by adding Section 18E to read as
  11-50  follows:
  11-51        Sec. 18E.  (a)  A veterinarian may not violate the
  11-52  confidential relationship between the veterinarian and a client and
  11-53  may not be required to disclose any information concerning the
  11-54  veterinarian's care for an animal except on written authorization
  11-55  or another form of waiver executed by the client or on receipt by
  11-56  the veterinarian of an appropriate court order or subpoena.
  11-57        (b)  A veterinarian who releases information on written
  11-58  authorization or another form of waiver executed by the client or
  11-59  on receipt by the veterinarian of an appropriate court order or
  11-60  subpoena is not liable to the client or any other person for an
  11-61  action resulting from the release of that information.
  11-62        (c)  The privilege under this section is waived to the extent
  11-63  that the client of a veterinarian or the owner of an animal treated
  11-64  by the veterinarian places the care and treatment of the animal by
  11-65  the veterinarian or the nature and extent of injuries of an animal
  11-66  treated by the veterinarian at issue in a civil or criminal
  11-67  proceeding.
  11-68        (d)  This section does not apply to inspections or
  11-69  investigations conducted by the Board or an agent of the Board.
  11-70        SECTION 27.  The Veterinary Licensing Act (Article 8890,
   12-1  Revised Statutes) is amended by adding Section 18F to read as
   12-2  follows:
   12-3        Sec. 18F.  (a)  The Board by rule shall adopt procedures
   12-4  governing:
   12-5              (1)  informal disposition of a contested case under
   12-6  Section 13(e), Administrative Procedure and Texas Register Act
   12-7  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
   12-8  subsequent amendments; and
   12-9              (2)  informal proceedings held in compliance with
  12-10  Section 18(c), Administrative Procedure and Texas Register Act
  12-11  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
  12-12  subsequent amendments.
  12-13        (b)  Rules adopted under this section must provide the
  12-14  complainant and the licensee an opportunity to be heard and must
  12-15  require the presence of a representative of the office of the
  12-16  attorney general to advise the Board or Board's employees.
  12-17        SECTION 28.  The Veterinary Licensing Act (Article 8890,
  12-18  Revised Statutes) is amended by adding Section 18G to read as
  12-19  follows:
  12-20        Sec. 18G.  The Board by rule shall develop a system for
  12-21  monitoring licensees' compliance with the requirements of this Act.
  12-22  Rules adopted under this section shall include procedures for
  12-23  monitoring a licensee who is ordered by the Board to perform
  12-24  certain acts to ascertain that the license holder performs the
  12-25  required acts and to identify and monitor licensees who represent a
  12-26  risk to the public.
  12-27        SECTION 29.  Section 19, The Veterinary Licensing Act
  12-28  (Article 8890, Revised Statutes), is amended to read as follows:
  12-29        Sec. 19.  (a)  The Board by rule shall establish reasonable
  12-30  and necessary fees so that the fees, in the aggregate, produce
  12-31  sufficient revenue to cover the costs of administering <for the
  12-32  administration of> this Act.
  12-33        (b)  The <board shall not maintain unnecessary fund balances,
  12-34  and> fee amounts <shall be> set by the Board may be adjusted so
  12-35  that the total fees collected are sufficient to cover the costs of
  12-36  administering this Act <in accordance with this requirement>.
  12-37        (c)  The Board may not set a fee for an amount less than the
  12-38  amount of that fee on September 1, 1993.
  12-39        SECTION 30.  Subsection (c), Section 20, The Veterinary
  12-40  Licensing Act (Article 8890, Revised Statutes), is amended to read
  12-41  as follows:
  12-42        (c)  The Board shall file annually with the governor and the
  12-43  presiding officer of each house of the legislature a complete and
  12-44  detailed written report accounting for all funds received and
  12-45  disbursed by the board during the preceding fiscal year.  The
  12-46  annual report must be in the form and reported in the time provided
  12-47  by the General Appropriations Act <On or before January 1 of each
  12-48  year, the Board shall make in writing to the Governor and the
  12-49  Presiding Officer of each House of the Legislature a complete and
  12-50  detailed annual report accounting for all funds received and
  12-51  disbursed by the Board during the preceding year>.
  12-52        SECTION 31.  Section 22, The Veterinary Licensing Act
  12-53  (Article 8890, Revised Statutes), is amended to read as follows:
  12-54        Sec. 22.  (a)  No sole proprietorship, partnership, or
  12-55  corporation shall engage in veterinary medicine unless the owner,
  12-56  partners, or shareholders, respectively, are all licensees.
  12-57        (b)  A partnership between a veterinarian and a member of
  12-58  another profession or a person who is not a member of a profession
  12-59  may not be formed or permitted if a part of the partnership
  12-60  employment consists of the practice of veterinary medicine <Each of
  12-61  the following fees imposed by or under another section of this Act
  12-62  is increased by $200:>
  12-63              <(1)  any examination fee established by the Board; and>
  12-64              <(2)  any license renewal fee established by the Board.>
  12-65        <(b)  Of each fee increase collected, $50 shall be deposited
  12-66  to the credit of the foundation school fund and $150 shall be
  12-67  deposited to the credit of the general revenue fund.  This
  12-68  subsection applies to the disposition of each fee increase
  12-69  regardless of any other provision of law providing for a different
  12-70  disposition of funds>.
   13-1        SECTION 32.  The Veterinary Licensing Act (Article 8890,
   13-2  Revised Statutes) is amended by adding Sections 23 and 24 to read
   13-3  as follows:
   13-4        Sec. 23.  (a)  The practice of a veterinarian who leases
   13-5  space from and practices veterinary medicine on the premises of a
   13-6  mercantile establishment must be owned by a licensed veterinarian.
   13-7  The practice and the leased premises must be under the exclusive
   13-8  control of a licensed veterinarian.  The leased space must be
   13-9  definite and apart from the space occupied by other occupants of
  13-10  the premises.  The space must be separated from space used by other
  13-11  occupants of the premises by the use of solid, opaque partitions or
  13-12  walls from floor to ceiling.  Railings, curtains, and other similar
  13-13  arrangements are not sufficient to comply with the requirement of
  13-14  the subsection.  The leased space shall have a patient's entrance
  13-15  opening on a public street, hall, lobby, corridor, or other public
  13-16  thoroughfare.  The aisle of a mercantile establishment does not
  13-17  comply with the requirement of this subsection.  An entrance to the
  13-18  leased space is not a patient's entrance within the meaning of this
  13-19  subsection unless the entrance is actually used as an entrance by
  13-20  the veterinarian's patients.  No part of the veterinarian's
  13-21  practice may be conducted as a department or concession of the
  13-22  mercantile veterinary establishment and there may not be legends or
  13-23  signs stating "Veterinary Department" or other similar words
  13-24  displayed in the premises or in any advertising for the premises.
  13-25  A veterinarian may not permit the veterinarian's name to be
  13-26  directly or indirectly associated with the mercantile
  13-27  establishment.  This paragraph shall not prohibit the delivery of
  13-28  temporary limited-service veterinary activities, including
  13-29  preventative veterinary services, such as vaccinations and testing,
  13-30  at a mercantile establishment not owned or under the exclusive
  13-31  control of a veterinarian so long as such services are delivered by
  13-32  a veterinarian and are periodic only in nature.  The Board may
  13-33  establish by rule the conditions under which such services may be
  13-34  provided.
  13-35        (b)  All patient and business records of the practice are the
  13-36  sole property of the veterinarian and free from the control of the
  13-37  mercantile establishment or any person not licensed under this Act.
  13-38  Business records essential to the initiation or continuation of a
  13-39  percentage of gross receipts lease of space may be inspected by the
  13-40  applicable lessor.  Nothing in this subsection prohibits a
  13-41  veterinarian from entering into a management agreement and
  13-42  permitting employees or agents of the management company to have
  13-43  access to or copies of patient records as necessary for management
  13-44  functions.
  13-45        (c)  It shall not be construed as a violation of this Act for
  13-46  a veterinarian or a business entity authorized by the provisions of
  13-47  this Act to render veterinary services to lease space, to pay for
  13-48  franchise fees or other services on a percentage of receipts basis,
  13-49  or to sell, transfer, or assign accounts receivable.
  13-50        Sec. 24.  In the event of the death of a licensed
  13-51  veterinarian, the practice ownership and patient records become the
  13-52  property of the veterinarian's heirs to dispose of as necessary not
  13-53  later than the second anniversary of the veterinarian's death.
  13-54        SECTION 33.  Section 483.042, Health and Safety Code, is
  13-55  amended by adding Subsection (e) to read as follows:
  13-56        (e)  The labeling provisions of Subsection (a) do not apply
  13-57  to a dangerous drug prescribed or dispensed for administration to
  13-58  food production animals in an agricultural operation under a
  13-59  written medical directive or treatment guideline from a
  13-60  veterinarian licensed under The Veterinary Licensing Act (Article
  13-61  8890, Revised Statutes) and its subsequent amendments.
  13-62        SECTION 34.  (a)  On the effective date of this Act, a
  13-63  contested case pending before the State Board of Veterinary Medical
  13-64  Examiners is transferred to the State Office of Administrative
  13-65  Hearings.  A proceeding transferred under this subsection is
  13-66  treated as if the actions taken in the proceedings had been taken
  13-67  by the State Office of Administrative Hearings.
  13-68        (b)  The changes in law made by this Act relating to a
  13-69  penalty that may be imposed apply only to a violation of The
  13-70  Veterinary Licensing Act (Article 8890, Revised Statutes) or a rule
   14-1  adopted by the State Board of Veterinary Medical Examiners that
   14-2  occurs on or after the effective date of this Act only if each
   14-3  element of the violation occurs on or after that date.  A violation
   14-4  that occurs before the effective date of this Act is governed by
   14-5  the law in effect on the date the violation occurred, and the
   14-6  former law is continued in effect for this purpose.
   14-7        (c)  The changes in law made by this Act in the
   14-8  qualifications of members of the State Board of Veterinary Medical
   14-9  Examiners do not affect the entitlement of a member appointed
  14-10  before September 1, 1993, to continue to hold office on the board
  14-11  for the term for which the member was appointed.  The changes in
  14-12  the qualifications apply only to a member appointed on or after
  14-13  September 1, 1993.
  14-14        SECTION 35.  This Act takes effect September 1, 1993.
  14-15        SECTION 36.  The importance of this legislation and the
  14-16  crowded condition of the calendars in both houses create an
  14-17  emergency and an imperative public necessity that the
  14-18  constitutional rule requiring bills to be read on three several
  14-19  days in each house be suspended, and this rule is hereby suspended.
  14-20                               * * * * *
  14-21                                                         Austin,
  14-22  Texas
  14-23                                                         April 20, 1993
  14-24  Hon. Bob Bullock
  14-25  President of the Senate
  14-26  Sir:
  14-27  We, your Committee on Natural Resources to which was referred S.B.
  14-28  No. 623, have had the same under consideration, and I am instructed
  14-29  to report it back to the Senate with the recommendation that it do
  14-30  not pass, but that the Committee Substitute adopted in lieu thereof
  14-31  do pass and be printed.
  14-32                                                         Truan,
  14-33  Vice-Chairman
  14-34                               * * * * *
  14-35                               WITNESSES
  14-36                                                  FOR   AGAINST  ON
  14-37  ___________________________________________________________________
  14-38  Name:  Donald M. Ward                            x
  14-39  Representing:  TVMA
  14-40  City:  Austin
  14-41  -------------------------------------------------------------------
  14-42  Name:  Ellis Gilleland                                   x
  14-43  Representing:  Self et al
  14-44  City:  Austin
  14-45  -------------------------------------------------------------------
  14-46  Name:  Johnnie B. Rogers                         x
  14-47  Representing:  TVA Gen. Practioners
  14-48  City:  Austin
  14-49  -------------------------------------------------------------------
  14-50  Name:  Barry W. Allen                            x
  14-51  Representing:  TVA Gen. Practioners
  14-52  City:  Old Glory
  14-53  -------------------------------------------------------------------
  14-54  Name:  Deborah B. Reeder                         x
  14-55  Representing:  TARVT
  14-56  City:  Flower Mound
  14-57  -------------------------------------------------------------------
  14-58  Name:  Joey Longley                                            x
  14-59  Representing:  Sunset Comm.
  14-60  City:  Austin
  14-61  -------------------------------------------------------------------
  14-62  Name:  Ron Allen                                               x
  14-63  Representing:  Sunset Comm.
  14-64  City:  Austin
  14-65  -------------------------------------------------------------------
  14-66  Name:  Karen Alexander                                         x
  14-67  Representing:  Tx. Bd. Vet. Med. Examiners
  14-68  City:  Austin
  14-69  -------------------------------------------------------------------
  14-70  Name:  Buddy Mautzick                                          x
   15-1  Representing:  Tx. Bd. Vet. Med. Examiners
   15-2  City:  Austin
   15-3  -------------------------------------------------------------------
   15-4  Name:  Christopher Mackza                                      x
   15-5  Representing:  Vet Board
   15-6  City:  Austin
   15-7  -------------------------------------------------------------------