By:  Parker                                           S.B. No. 1060
       73R4148 NSC-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of psychologists, professional
    1-3  counselors, social workers, and marriage and family therapists and
    1-4  to the creation of a new state board to replace the Texas State
    1-5  Board of Examiners of Psychologists, the Texas State Board of
    1-6  Examiners of Professional Counselors, the Council for Social Work
    1-7  Certification, and the Texas State Board of Examiners of Marriage
    1-8  and Family Therapists; providing penalties.
    1-9        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-10            ARTICLE 1.  TEXAS BOARD OF EXAMINERS OF MENTAL
   1-11                         HEALTH PROFESSIONALS
   1-12        SECTION 1.01.  Title 71, Revised Statutes, is amended by
   1-13  adding Article 4512-2 to read as follows:
   1-14        Art. 4512-2.  TEXAS BOARD OF EXAMINERS OF MENTAL HEALTH
   1-15  PROFESSIONALS
   1-16        Sec. 1.  TEXAS BOARD OF EXAMINERS OF MENTAL HEALTH
   1-17  PROFESSIONALS.  (a)  The Texas Board of Examiners of Mental Health
   1-18  Professionals consists of:
   1-19              (1)  two members licensed as psychologists;
   1-20              (2)  two members certified as psychological associates;
   1-21              (3)  two members licensed as professional counselors;
   1-22              (4)  two members regulated as social workers;
   1-23              (5)  two members licensed as marriage and family
   1-24  therapists; and
    2-1              (6)  five members who represent the public.
    2-2        (b)  Members of the board are appointed by the governor with
    2-3  the advice and consent of the senate.
    2-4        (c)  Appointments to the board shall be made without regard
    2-5  to the race, color, disability, sex, religion, age, or national
    2-6  origin of the appointees.
    2-7        Sec. 2.  OFFICERS; MEETINGS; COMPENSATION.  (a)  The board
    2-8  annually shall select a presiding officer, assistant presiding
    2-9  officer, and secretary-treasurer.
   2-10        (b)  The board shall hold at least two regular meetings each
   2-11  year at which time an examination for a license or certification
   2-12  under a law administered by the board shall be offered.  Additional
   2-13  meetings may be held on the call of the presiding officer or at the
   2-14  written request of five members of the board.
   2-15        (c)  A member of the board is entitled to a per diem as set
   2-16  by the General Appropriations Act for each day that the member
   2-17  engages in the business of the board.  A member may not receive any
   2-18  compensation for travel expenses, including expenses for meals and
   2-19  lodging, other than transportation expenses as provided by the
   2-20  General Appropriations Act.
   2-21        Sec. 3.  TERMS.  (a)  Members of the board are appointed for
   2-22  staggered six-year terms, with five members' terms expiring on
   2-23  February 1 of each odd-numbered year.
   2-24        (b)  A member appointed to fill a vacancy shall hold office
   2-25  for the remainder of that term.
   2-26        Sec. 4.  PUBLIC MEMBERSHIP RESTRICTION.  A person is not
   2-27  eligible for appointment as a public member of the board if the
    3-1  person or the person's spouse:
    3-2              (1)  is registered, certified, or licensed by an
    3-3  occupational regulatory agency in the field of health care;
    3-4              (2)  is employed by or participates in the management
    3-5  of a business entity or other organization regulated by the board
    3-6  or receiving funds from the board;
    3-7              (3)  owns or controls, directly or indirectly, more
    3-8  than 10 percent interest in a business entity or other organization
    3-9  regulated by the board or receiving funds from the board; or
   3-10              (4)  uses or receives a substantial amount of tangible
   3-11  goods, services, or funds from the board, other than compensation
   3-12  or reimbursement authorized by law for board membership,
   3-13  attendance, or expenses.
   3-14        Sec. 5.  CONFLICT OF INTEREST RESTRICTIONS.  (a)  An officer,
   3-15  employee, or paid consultant of a Texas trade association in the
   3-16  field of health care may not be a member or employee of the board
   3-17  who is exempt from the state's position classification plan or is
   3-18  compensated at or above the amount prescribed by the General
   3-19  Appropriations Act for step 1, salary group 17, of the position
   3-20  classification salary schedule.
   3-21        (b)  A person who is the spouse of an officer, manager, or
   3-22  paid consultant of a Texas trade association in the field of health
   3-23  care may not be a board member and may not be an employee of the
   3-24  board who is exempt from the state's position classification plan
   3-25  or is compensated at or above the amount prescribed by the General
   3-26  Appropriations Act for step 1, salary group 17, of the position
   3-27  classification salary schedule.
    4-1        (c)  For the purposes of this section, a Texas trade
    4-2  association is a nonprofit, cooperative, and voluntarily joined
    4-3  association of business or professional competitors in this state
    4-4  designed to assist its members and its industry or profession in
    4-5  dealing with mutual business or professional problems and in
    4-6  promoting their common interest.
    4-7        Sec. 6.  EFFECT OF LOBBYING ACTIVITY.  A person may not serve
    4-8  as a member of the board or act as the general counsel to the board
    4-9  if the person is required to register as a lobbyist under Chapter
   4-10  305, Government Code, and its subsequent amendments, because of the
   4-11  person's activities for compensation on behalf of a profession
   4-12  related to the operation of the board.
   4-13        Sec. 7.  GROUNDS FOR REMOVAL FROM BOARD.  (a)  It is a ground
   4-14  for removal from the board if a member:
   4-15              (1)  does not have at the time of appointment the
   4-16  qualifications required by Section 1 of this article;
   4-17              (2)  does not maintain during service on the board the
   4-18  qualifications required by Section 1 of this article;
   4-19              (3)  violates a prohibition established by Section 4,
   4-20  5, or 6 of this article;
   4-21              (4)  cannot discharge the member's term for a
   4-22  substantial part of the term for which the member is appointed
   4-23  because of illness or disability; or
   4-24              (5)  is absent from more than half of the regularly
   4-25  scheduled board meetings that the member is eligible to attend
   4-26  during a calendar year unless the absence is excused by majority
   4-27  vote of the board.
    5-1        (b)  The validity of an action of the board is not affected
    5-2  by the fact that it is taken when a ground for removal of a board
    5-3  member exists.
    5-4        (c)  If the executive director has knowledge that a potential
    5-5  ground for removal exists, the executive director shall notify the
    5-6  presiding officer of the board of the ground.  The presiding
    5-7  officer shall then notify the governor that a potential ground for
    5-8  removal exists.
    5-9        Sec. 8.  STAFF.  (a)  The board shall employ an executive
   5-10  director and administrative and clerical employees as necessary to
   5-11  carry out the board's functions.
   5-12        (b)  The board shall develop and implement policies that
   5-13  clearly define the respective responsibilities of the board and the
   5-14  staff of the board.
   5-15        Sec. 9.  REGULATORY STATUTES ADMINISTERED.  The board shall
   5-16  administer and enforce the law relating to:
   5-17              (1)  psychologists and psychological associates, the
   5-18  Psychologists' Certification and Licensing Act (Article 4512c,
   5-19  Vernon's Texas Civil Statutes) and its subsequent amendments;
   5-20              (2)  professional counselors, the Licensed Professional
   5-21  Counselor Act (Article 4512g, Vernon's Texas Civil Statutes) and
   5-22  its subsequent amendments;
   5-23              (3)  social workers, Chapter 50, Human Resources Code,
   5-24  and its subsequent amendments; and
   5-25              (4)  marriage and family therapists, the Licensed
   5-26  Marriage and Family Therapist Act (Article 4512c-1, Vernon's Texas
   5-27  Civil Statutes) and its subsequent amendments.
    6-1        Sec. 10.  SEPARATE LICENSES OR CERTIFICATIONS.  (a)  The
    6-2  board shall issue separate licenses or certifications for a
    6-3  psychologist, a psychological associate, a professional counselor,
    6-4  a social worker, and a marriage and family therapist.
    6-5        (b)  The board may issue more than one type of license or
    6-6  certification to a person under a law regulated by the board if the
    6-7  person is qualified to hold each of the licenses or certifications
    6-8  issued.  The board shall adopt rules relating to the issuance of
    6-9  multiple licenses or certifications to a person under laws
   6-10  administered by the board.
   6-11        Sec. 11.  RULES.  (a)  The board may only adopt rules
   6-12  proposed to the board by a rules subcommittee established under
   6-13  Section 12 of this article.  This provision controls
   6-14  notwithstanding any conflicting provision of the law relating to:
   6-15              (1)  psychologists and psychological associates, the
   6-16  Psychologists' Certification and Licensing Act (Article 4512c,
   6-17  Vernon's Texas Civil Statutes);
   6-18              (2)  professional counselors, the Licensed Professional
   6-19  Counselor Act (Article 4512g, Vernon's Texas Civil Statutes);
   6-20              (3)  social workers, Chapter 50, Human Resources Code;
   6-21  and
   6-22              (4)  marriage and family therapists, the Licensed
   6-23  Marriage and Family Therapist Act (Article 4512c-1, Vernon's Texas
   6-24  Civil Statutes).
   6-25        (b)  If the board does not approve a rule proposed by a rules
   6-26  subcommittee, the board shall indicate to the subcommittee the
   6-27  reasons that the board did not approve the rule and return the rule
    7-1  to the subcommittee for further development.
    7-2        Sec. 12.  RULES SUBCOMMITTEES.  (a)  Five rules
    7-3  subcommittees, each consisting of three members of the board, are
    7-4  established as follows:
    7-5              (1)  a rules subcommittee relating to psychologists
    7-6  consisting of the two psychologist members and one member who
    7-7  represents the public;
    7-8              (2)  a rules subcommittee relating to psychological
    7-9  associates consisting of the two psychological associate members
   7-10  and one member who represents the public;
   7-11              (3)  a rules subcommittee relating to professional
   7-12  counselors consisting of the two professional counselor members and
   7-13  one member who represents the public;
   7-14              (4)  a rules subcommittee relating to social workers,
   7-15  consisting of the two social worker members and one member who
   7-16  represents the public; and
   7-17              (5)  a rules subcommittee relating to marriage and
   7-18  family therapists, consisting of the two marriage and family
   7-19  therapist members and one member who represents the public.
   7-20        (b)  A member of the board may not serve on more than one
   7-21  rules subcommittee.
   7-22        (c)  The presiding officer of the board shall designate the
   7-23  public members of each rules subcommittee.
   7-24        (d)  A rules subcommittee shall develop and recommend to the
   7-25  board for approval rules that regulate the profession to which the
   7-26  subcommittee relates.  A rules subcommittee periodically shall
   7-27  review board rules relating to the profession to which the
    8-1  subcommittee relates and shall recommend changes in those rules to
    8-2  the board.  The authority of a rules subcommittee is not affected
    8-3  by Section 5(f), Administrative Procedure and Texas Register Act
    8-4  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
    8-5  subsequent amendments.
    8-6        Sec. 13.  EXPENDITURES; AUDIT.  (a)  The board may authorize,
    8-7  from funds appropriated to it, all necessary disbursements to carry
    8-8  out:
    8-9              (1)  this article;
   8-10              (2)  the law relating to psychologists and
   8-11  psychological associates, the Psychologists' Certification and
   8-12  Licensing Act (Article 4512c, Vernon's Texas Civil Statutes) and
   8-13  its subsequent amendments;
   8-14              (3)  the law relating to professional counselors, the
   8-15  Licensed Professional Counselor Act (Article 4512g, Vernon's Texas
   8-16  Civil Statutes) and its subsequent amendments;
   8-17              (4)  the law relating to social workers, Chapter 50,
   8-18  Human Resources Code, and its subsequent amendments; and
   8-19              (5)  the law relating to marriage and family
   8-20  therapists, the Licensed Marriage and Family Therapist Act (Article
   8-21  4512c-1, Vernon's Texas Civil Statutes) and its subsequent
   8-22  amendments.
   8-23        (b)  The financial transactions of the board are subject to
   8-24  audit by the state auditor in accordance with Chapter 321,
   8-25  Government Code, and its subsequent amendments.
   8-26        Sec. 14.  ANNUAL FINANCIAL REPORT.  The board shall file
   8-27  annually with the governor and the presiding officer of each house
    9-1  of the legislature a complete and detailed written report
    9-2  accounting for all funds received and disbursed by the board during
    9-3  the preceding fiscal year.  The annual report must be in the form
    9-4  and reported in the time provided by the General Appropriations
    9-5  Act.
    9-6        Sec. 15.  PERSONNEL POLICIES.  (a)  The executive director or
    9-7  the executive director's designee shall develop an intra-agency
    9-8  career ladder program.  The program shall require intra-agency
    9-9  posting of all nonentry level positions concurrently with any
   9-10  public posting.
   9-11        (b)  The executive director or the executive director's
   9-12  designee shall develop a system of annual performance evaluations
   9-13  based on measurable job tasks.  All merit pay for board employees
   9-14  must be based on the system established under this subsection.
   9-15        Sec. 16.  EQUAL EMPLOYMENT OPPORTUNITY POLICIES.  (a)  The
   9-16  executive director or the executive director's designee shall
   9-17  prepare and maintain a written policy statement to ensure
   9-18  implementation of a program of equal employment opportunity under
   9-19  which all personnel transactions are made without regard to race,
   9-20  color, disability, sex, religion, age, or national origin.  The
   9-21  policy statement must include:
   9-22              (1)  personnel policies, including policies relating to
   9-23  recruitment, evaluation, selection, application, training, and
   9-24  promotion of personnel that are in compliance with the Commission
   9-25  on Human Rights Act (Article 5221k, Vernon's Texas Civil Statutes)
   9-26  and its subsequent amendments;
   9-27              (2)  a comprehensive analysis of the board workforce
   10-1  that meets federal and state guidelines;
   10-2              (3)  procedures by which a determination can be made of
   10-3  significant underuse in the board workforce of all persons for whom
   10-4  federal or state guidelines encourage a more equitable balance; and
   10-5              (4)  reasonable methods to appropriately address those
   10-6  areas of underuse.
   10-7        (b)  A policy statement prepared under Subsection (a) of this
   10-8  section must cover an annual period, be updated annually, be
   10-9  reviewed by the Commission on Human Rights for compliance with
  10-10  Subsection (a)(1) of this section, and be filed with the governor's
  10-11  office.
  10-12        (c)  The governor's office shall deliver a biennial report to
  10-13  the legislature based on the information received under Subsection
  10-14  (b)  of this section.  The report may be made separately or as part
  10-15  of other biennial reports to the legislature.
  10-16        Sec. 17.  PUBLIC INTEREST INFORMATION.  (a)  The board shall
  10-17  prepare information of public interest describing the functions of
  10-18  the board and the board's procedures by which complaints are filed
  10-19  with and resolved by the board.  The board shall make the
  10-20  information available to the public and appropriate state agencies.
  10-21        (b)  The board by rule shall establish methods by which
  10-22  consumers and service recipients are notified of the name, mailing
  10-23  address, and telephone number of the board for the purpose of
  10-24  directing complaints to the board.  The board may provide for that
  10-25  notification:
  10-26              (1)  on each registration form, application, or written
  10-27  contract for services of an individual or entity regulated by the
   11-1  board;
   11-2              (2)  on a sign prominently displayed in the place of
   11-3  business of each individual or entity regulated by the board; or
   11-4              (3)  in a bill for service provided by an individual or
   11-5  entity regulated by the board.
   11-6        (c)  The board shall list along with its regular telephone
   11-7  number the toll-free telephone number that may be called to present
   11-8  a complaint about a health professional if the toll-free number is
   11-9  established under other state law.
  11-10        Sec. 18.  PUBLIC PARTICIPATION IN BOARD HEARINGS.  The board
  11-11  shall develop and implement policies that provide the public with a
  11-12  reasonable opportunity to appear before the board and to speak on
  11-13  any issue under the jurisdiction of the board.
  11-14        Sec. 19.  PROGRAM ACCESSIBILITY.  The board shall prepare and
  11-15  maintain a written plan that describes how a person who does not
  11-16  speak English can be provided reasonable access to the board's
  11-17  programs.  The board shall also comply with federal and state laws
  11-18  for program and facility accessibility.
  11-19        Sec. 20.  TRAINING; STANDARDS OF CONDUCT INFORMATION.  (a)
  11-20  Each board member shall comply with the board member training
  11-21  requirements established by any other state agency that is given
  11-22  authority to establish the requirements for the board.
  11-23        (b)  The board shall provide to its members and employees, as
  11-24  often as necessary, information regarding their qualifications for
  11-25  office or employment under this article and their responsibilities
  11-26  under applicable laws relating to standards of conduct for state
  11-27  officers or employees.
   12-1        Sec. 21.  OPEN MEETINGS AND ADMINISTRATIVE PROCEDURE.  The
   12-2  board is subject to:
   12-3              (1)  the open meetings law, Chapter 271, Acts of the
   12-4  60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
   12-5  Texas Civil Statutes), and its subsequent amendments; and
   12-6              (2)  the Administrative Procedure and Texas Register
   12-7  Act (Article 6252-13a, Vernon's Texas Civil Statutes), and its
   12-8  subsequent amendments.
   12-9        Sec. 22.  SUNSET PROVISION.  The Texas Board of Examiners of
  12-10  Mental Health Professionals is subject to Chapter 325, Government
  12-11  Code (Texas Sunset Act), and its subsequent amendments.  Unless
  12-12  continued in existence as provided by that chapter, the board is
  12-13  abolished and the following laws expire September 1, 2005:
  12-14              (1)  this article;
  12-15              (2)  the law relating to psychologists and
  12-16  psychological associates, the Psychologists' Certification and
  12-17  Licensing Act (Article 4512c, Vernon's Texas Civil Statutes) and
  12-18  its subsequent amendments;
  12-19              (3)  the law relating to professional counselors, the
  12-20  Licensed Professional Counselor Act (Article 4512g, Vernon's Texas
  12-21  Civil Statutes) and its subsequent amendments;
  12-22              (4)  the law relating to social workers, Chapter 50,
  12-23  Human Resources Code, and its subsequent amendments; and
  12-24              (5)  the law relating to marriage and family
  12-25  therapists, the Licensed Marriage and Family Therapist Act (Article
  12-26  4512c-1, Vernon's Texas Civil Statutes) and its subsequent
  12-27  amendments.
   13-1                       ARTICLE 2.  PSYCHOLOGISTS
   13-2        SECTION 2.01.  Section 2(a), Psychologists' Certification and
   13-3  Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
   13-4  amended to read as follows:
   13-5        (a)  "Board" means the Texas <State> Board of Examiners of
   13-6  Mental Health Professionals <Psychologists provided for by this
   13-7  Act>.
   13-8        SECTION 2.02.  Section 8(j), Psychologists' Certification and
   13-9  Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
  13-10  amended to read as follows:
  13-11        (j)  The Board shall establish mandatory <may recognize,
  13-12  prepare, or administer> continuing education programs for persons
  13-13  regulated by the Board under this Act.  The Board by rule shall
  13-14  establish a minimum number of hours of continuing education
  13-15  required to renew a license or certificate under this Act.  The
  13-16  Board may assess the continuing education needs of license or
  13-17  certificate holders and may require license or certificate holders
  13-18  to attend continuing education courses specified by the Board.  The
  13-19  Board by rule shall develop a process to evaluate and approve
  13-20  continuing education courses.  The Board shall identify the key
  13-21  factors for the competent performance by a license or certificate
  13-22  holder of the license or certificate holder's professional duties.
  13-23  The Board shall adopt a procedure to assess a license or
  13-24  certificate holder's participation in continuing education programs
  13-25  <Participation in the programs is voluntary>.
  13-26        SECTION 2.03.  Section 9, Psychologists' Certification and
  13-27  Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
   14-1  amended to read as follows:
   14-2        Sec. 9.  Receipts and Disbursements.  All money paid to the
   14-3  Board <The executive director of the Board shall receive and
   14-4  account for all monies derived> under this Act<.  The executive
   14-5  director> shall be deposited in the state treasury <pay these
   14-6  monies weekly to the State Treasurer who shall keep them> in a
   14-7  separate fund to be known as the "Psychologists Licensing Fund."
   14-8  Monies may be paid out of this fund only by warrant drawn by the
   14-9  State Comptroller upon the State Treasurer, upon itemized voucher,
  14-10  approved by the presiding officer <chairperson> of the Board or the
  14-11  executive director of the Board.  The financial transactions of the
  14-12  Psychologists Licensing Fund are subject to audit by the Auditor of
  14-13  the State of Texas in accordance with Chapter 321, Government Code.
  14-14  The executive director of the Board shall give a surety bond for
  14-15  the faithful performance of his duties to the governor in the sum
  14-16  of Ten Thousand Dollars ($10,000.00) or an amount recommended by
  14-17  the State Auditor.  The premium for this bond shall be paid out of
  14-18  the Psychologists Licensing Fund.  The Board may make expenditures
  14-19  from this fund for any purpose which is reasonably necessary to
  14-20  carry out the provisions of this Act, including the advance payment
  14-21  of an amount not to exceed 80 percent of the travel expenses of a
  14-22  witness called by the Board to testify on the Board's behalf.
  14-23        SECTION 2.04.  Section 14(a), Psychologists' Certification
  14-24  and Licensing Act (Article 4512c, Vernon's Texas Civil Statutes),
  14-25  is amended to read as follows:
  14-26        (a)  The Board shall administer examinations to qualified
  14-27  applicants for certification at least once a year.  The Board shall
   15-1  have the written portion of the examination, if any, validated by
   15-2  an independent testing professional.  The Board shall determine the
   15-3  subject and scope of the examinations and establish appropriate
   15-4  fees for examinations administered.  Part of the examinations shall
   15-5  test applicant knowledge of the discipline and profession of
   15-6  psychology and part shall test applicant knowledge of the laws and
   15-7  rules governing the profession of psychology in this state.  This
   15-8  latter part of the examination is to be known as the Board's
   15-9  jurisprudence examination.  An applicant who fails his examination
  15-10  may be reexamined at intervals specified by the Board upon payment
  15-11  of another examination fee corresponding to the examination failed.
  15-12        SECTION 2.05.  Section 15A, Psychologists' Certification and
  15-13  Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
  15-14  amended to read as follows:
  15-15        Sec. 15A.  Reciprocity.  (a)  The Board may grant a
  15-16  provisional license or certificate to an <An> applicant <is
  15-17  entitled to certification or licensure> on submission to the Board
  15-18  of an application in the form prescribed by the Board and payment
  15-19  of the required application fees if:
  15-20              (1)  the individual is licensed, certified, or
  15-21  registered as a psychologist by another state, the District of
  15-22  Columbia, or a commonwealth or territory of the United States and
  15-23  is in good standing with the regulatory agency of that
  15-24  jurisdiction;
  15-25              (2)  the requirements for licensing, certification, or
  15-26  registration in the other jurisdiction are substantially equal to
  15-27  those prescribed by this Act;
   16-1              (3)  <the individual has engaged in the practice of
   16-2  psychology for not less than five years on the date of application
   16-3  for certification; and>
   16-4              <(4)>  the individual has passed a national or other
   16-5  <the Board's jurisprudence> examination recognized by the Board
   16-6  relating to psychology; and
   16-7              (4)  the individual is sponsored by a person licensed
   16-8  or certified by the Board under this Act with whom the provisional
   16-9  license or certificate holder may practice under this section.
  16-10        (b)  An applicant for a provisional license or certificate
  16-11  may be excused from the requirement of Subsection (a)(4) of this
  16-12  section if the Board determines that compliance with that
  16-13  subsection constitutes a hardship to the applicant.
  16-14        (c)  A provisional license or certificate is valid until the
  16-15  date the Board approves or denies the provisional license or
  16-16  certificate holder's application for a license or certificate.  The
  16-17  Board shall issue a license or certificate under this Act to the
  16-18  holder of a provisional license or certificate under this section
  16-19  if:
  16-20              (1)  the provisional license or certificate holder
  16-21  passes the examination required by Section 14 of this Act;
  16-22              (2)  the Board verifies that the provisional license or
  16-23  certificate holder has the academic and experience requirements for
  16-24  a license or certificate under this Act; and
  16-25              (3)  the provisional license or certificate holder
  16-26  satisfies any other license or certification requirements under
  16-27  this Act.
   17-1        (d)  The Board must complete the processing of a provisional
   17-2  license or certificate holder's application for a license or
   17-3  certificate not later than the 180th day after the date the
   17-4  provisional license or certificate is issued.
   17-5        (e)  The Board may adopt rules for the provisional
   17-6  certification or licensing of an individual who holds a valid
   17-7  license or the equivalent from another country.
   17-8        SECTION 2.06.  Section 16, Psychologists' Certification and
   17-9  Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
  17-10  amended to read as follows:
  17-11        Sec. 16.  Fees.  (a)  The <fees shall be fixed by the> Board
  17-12  by rule shall establish fees in amounts that are reasonable and
  17-13  necessary to produce sufficient revenue to cover the costs of
  17-14  administering this Act.
  17-15        (b)  The fees set by the Board may be adjusted so that the
  17-16  total fees collected are sufficient to meet the expenses of
  17-17  administering this Act.  The Board may not set a fee for an amount
  17-18  less than the amount of that fee on September 1, 1993 <The Board
  17-19  shall not maintain unnecessary fund balances, and fee amount shall
  17-20  be set in accordance with this requirement>.
  17-21        SECTION 2.07.  Sections 17(b) and (c), Psychologists'
  17-22  Certification and Licensing Act (Article 4512c, Vernon's Texas
  17-23  Civil Statutes), are amended to read as follows:
  17-24        (b)  <Certificates and licenses will be renewed no less than
  17-25  once every two years.>  Unless otherwise provided by board rule,
  17-26  certificates and licenses expire on December 31st in the
  17-27  <appropriate> year following their issuance or renewal and are
   18-1  invalid thereafter unless renewed.  The Board by rule may adopt a
   18-2  system under which certificates or licenses expire on various dates
   18-3  during the year.  For the year in which the expiration date is
   18-4  changed, certification or licensing fees shall be prorated so that
   18-5  each certificate or license holder must pay only that portion of
   18-6  the fee that is allocable to the number of months during which the
   18-7  certificate or license is valid.  On renewal of the certificate or
   18-8  license on the new expiration date, the full certification or
   18-9  licensing fee is payable.
  18-10        (c)  <The Board shall notify every person certified or
  18-11  licensed under this Act of the date of expiration of his
  18-12  certificate or license and the amount of the renewal fee.>  A
  18-13  person may renew an unexpired certificate or license by paying to
  18-14  the Board before the expiration date of the certificate or license
  18-15  the required renewal fee.  If a person's certificate or license has
  18-16  been expired for <not longer than> 90 days or less, the person may
  18-17  renew the certificate or license by paying to the Board the
  18-18  required renewal fee and a fee that is one-half of the examination
  18-19  fee for the certificate or license.  If a person's certificate or
  18-20  license has been expired for longer than 90 days but less than one
  18-21  year <two years>, the person may renew the certificate or license
  18-22  by paying to the Board all unpaid renewal fees and a fee that is
  18-23  equal to the examination fee for the certificate or license.  If a
  18-24  person's certificate or license has been expired for one year <two
  18-25  years> or longer, the person may not renew the certificate or
  18-26  license.  The person may obtain a new certificate or license by
  18-27  submitting to reexamination and complying with the requirements and
   19-1  procedures for obtaining an original certificate or license.
   19-2  However, the Board may renew without reexamination an expired
   19-3  license or certificate of a person who was licensed or certified in
   19-4  this state, moved to another state, and is currently licensed or
   19-5  certified  and has been in practice in the other state for the two
   19-6  years preceding application.  The person must pay to the Board a
   19-7  fee that is equal to the examination fee for the license or
   19-8  certificate.  At least 30 days before the expiration of a person's
   19-9  license or certificate, the Board shall send written notice of the
  19-10  impending license or certificate expiration to the person at the
  19-11  license or certificate holder's last known address according to the
  19-12  records of the Board.
  19-13        SECTION 2.08.  Section 20, Psychologists' Certification and
  19-14  Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
  19-15  amended to read as follows:
  19-16        Sec. 20.  Representation as a Psychologist, Psychological
  19-17  Associate, or Psychologist's Assistant Prohibited.  A <After
  19-18  December 31, 1970, no> person may not <shall> represent himself as
  19-19  a psychologist or psychological associate within the meaning of
  19-20  this Act unless he is certified and registered under the provisions
  19-21  of this Act.
  19-22        SECTION 2.09.  Section 23, Psychologists' Certification and
  19-23  Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
  19-24  amended to read as follows:
  19-25        Sec. 23.  Revocation, Cancellation, or Suspension of License
  19-26  or Certification; Civil Penalty.  (a)  The <Texas State> Board <of
  19-27  Examiners of Psychologists> shall <have the right to cancel,>
   20-1  revoke or<,> suspend a<, or refuse to renew the> license or
   20-2  <certification of any psychologist or the> certificate, place on
   20-3  probation a person whose license or certificate has been suspended,
   20-4  <of any psychological associate> or reprimand a license or
   20-5  certificate holder if the license or certificate holder <any
   20-6  psychologist upon proof that the psychologist>:
   20-7              (1)  has been convicted of a felony or of a violation
   20-8  of the law involving moral turpitude by any court; the conviction
   20-9  of a felony shall be the conviction of any offense which if
  20-10  committed within this state would constitute a felony under the
  20-11  laws of this state; <or>
  20-12              (2)  uses drugs or intoxicating liquors to an extent
  20-13  that affects his professional competency; <or>
  20-14              (3)  has been guilty of fraud or deceit in connection
  20-15  with his services rendered as a psychologist; <or>
  20-16              (4)  except as provided by Section 15B of this Act, has
  20-17  aided or abetted a person, not a licensed psychologist, in
  20-18  representing that person as a psychologist within this state; <or>
  20-19              (5)  except as provided by Section 15B of this Act, has
  20-20  represented himself or herself to be a psychologist licensed in
  20-21  this state at a time he or she was not licensed to practice
  20-22  psychology in this state, or practiced psychology in this state
  20-23  without a license to practice psychology in this state; <or>
  20-24              (6)  violates a rule adopted <has been guilty of
  20-25  unprofessional conduct as defined by the rules established> by the
  20-26  Board; or
  20-27              (7)  violates a provision <for any cause for which the
   21-1  Board shall be authorized to take that action by another section>
   21-2  of this Act.
   21-3        (b)  If the Board proposes to refuse a person's application
   21-4  for a license or certification, to suspend or revoke a person's
   21-5  license or certificate, or to reprimand a person, the person is
   21-6  entitled to a hearing before the State Office of Administrative
   21-7  Hearings.  The Board by rule shall adopt a broad schedule of
   21-8  sanctions for violations under this Act.  The State Office of
   21-9  Administrative Hearings shall use the schedule for any sanction
  21-10  imposed as the result of a hearing conducted by that office
  21-11  <Board>.
  21-12        (c)  Proceedings for the refusal, suspension, or revocation
  21-13  of a license or certificate or for the reprimand of a person are
  21-14  governed by the Administrative Procedure and Texas Register Act, as
  21-15  amended (Article 6252-13a, Vernon's Texas Civil Statutes).
  21-16        (d)  An appeal of an action of the Board is governed by the
  21-17  Administrative Procedure and Texas Register Act, as amended
  21-18  (Article 6252-13a, Vernon's Texas Civil Statutes).  Judicial review
  21-19  of an action of the Board shall be conducted under the substantial
  21-20  evidence rule.
  21-21        (e)  A person who violates this Act or a rule adopted by the
  21-22  Board under this Act is liable to the state for a civil penalty of
  21-23  $1,000 for each day of violation.  At the request of the Board, the
  21-24  attorney general shall bring an action to recover a civil penalty
  21-25  authorized under this subsection.
  21-26        (f)  In addition to the other disciplinary actions authorized
  21-27  by this section, the Board may require that a license or
   22-1  certificate holder who violates this Act participate in continuing
   22-2  education programs.  The Board shall specify the continuing
   22-3  education programs that may be attended and the number of hours
   22-4  that must be completed by an individual license or certificate
   22-5  holder to fulfill the requirements of this subsection.
   22-6        (g)  If a license or certificate suspension is probated, the
   22-7  Board may require the license or certificate holder to:
   22-8              (1)  report regularly to the Board on matters that are
   22-9  the basis of the probation;
  22-10              (2)  limit practice to the areas prescribed by the
  22-11  Board; or
  22-12              (3)  continue or review continuing professional
  22-13  education until the license or certificate holder attains a degree
  22-14  of skill satisfactory to the Board in those areas that are the
  22-15  basis of the probation.  <The Board shall have the right and may,
  22-16  upon majority vote, rule that the order revoking, cancelling, or
  22-17  suspending the psychologist's license or certification be probated
  22-18  so long as the probationer conforms to such orders and rules as the
  22-19  Board may set out as the terms of probation.  The Board, at the
  22-20  time of probation, shall set out the period of time which shall
  22-21  constitute the probationary period.  Provided further, that the
  22-22  Board may at any time while the probationer remains on probation
  22-23  hold a hearing, and upon majority vote, rescind the probation and
  22-24  enforce the Board's original action in revoking, cancelling, or
  22-25  suspending the psychologist's license or certification, the said
  22-26  hearing to rescind the probation shall be called by the chairperson
  22-27  of the Texas State Board of Examiners of Psychologists who shall
   23-1  cause to be issued a notice setting a time and place for the
   23-2  hearing and containing the charges or complaints against the
   23-3  probationer, said notice to be served on the probationer or the
   23-4  probationer's counsel at least ten (10) days prior to the time set
   23-5  for the hearing.  Service of notice of a board action is effected
   23-6  by sending written notice by certified mail to the license holder's
   23-7  address of record.  At said hearing the respondent shall have the
   23-8  right to appear either personally or by counsel or both, to produce
   23-9  witnesses or evidence in the behalf of the respondent, to
  23-10  cross-examine witnesses, and to have subpoenas issued by the Board.
  23-11  The Board shall thereupon determine the charges upon their merits.
  23-12  All charges, complaints, notices, orders, records, and publications
  23-13  authorized or required by the terms of this Act shall be
  23-14  privileged.  The order revoking or rescinding the probation shall
  23-15  not be subject to review or appeal.>
  23-16        <(f)  On application, the Board may reissue a certificate or
  23-17  a license to a person whose certificate or license has been
  23-18  cancelled or revoked.  Such an application may not be made before
  23-19  the expiration of one year after the date of the cancellation or
  23-20  revocation or a period determined by the Board.>
  23-21        SECTION 2.10.  The Psychologists' Certification and Licensing
  23-22  Act (Article 4512c, Vernon's Texas Civil Statutes) is amended by
  23-23  adding Section 23A to read as follows:
  23-24        Sec. 23A.  ADMINISTRATIVE PENALTY.  (a)  The Board may assess
  23-25  an administrative penalty against a person who violates a provision
  23-26  of this Act or a rule adopted by the Board under this Act as
  23-27  provided by this section.
   24-1        (b)  The penalty for each violation may be in an amount not
   24-2  to exceed $1,000.  Each day a violation continues or occurs may be
   24-3  considered a separate violation for purposes of penalty assessment.
   24-4        (c)  In determining the amount of the penalty, the executive
   24-5  director of the Board shall consider:
   24-6              (1)  the seriousness of the violation, including the
   24-7  nature, circumstances, extent, and gravity of the prohibited acts
   24-8  and the hazard or potential hazard posed to the health or safety of
   24-9  the public;
  24-10              (2)  the economic damage to property or the environment
  24-11  caused by the violation;
  24-12              (3)  the history of previous violations;
  24-13              (4)  the amount necessary to deter future violations;
  24-14              (5)  efforts to correct the violation; and
  24-15              (6)  any other matter that justice may require.
  24-16        (d)  If, after investigation of a possible violation and the
  24-17  facts surrounding that possible violation, the executive director
  24-18  determines that a violation has occurred, the executive director
  24-19  may issue a violation report stating the facts on which the
  24-20  conclusion that a violation occurred is based, recommending that an
  24-21  administrative penalty under this section be imposed on the person
  24-22  charged and recommending the amount of that proposed penalty.  The
  24-23  executive director shall base the recommended amount of the
  24-24  proposed penalty on the seriousness of the violation determined by
  24-25  consideration of the factors set forth in Subsection (c) of this
  24-26  section.
  24-27        (e)  Not later than the 14th day after the date on which the
   25-1  report is issued, the executive director shall give written notice
   25-2  of the report to the person charged.  The notice shall include a
   25-3  brief summary of the charges, a statement of the amount of the
   25-4  penalty recommended, and a statement of the right of the person
   25-5  charged to a hearing on the occurrence of the violation or the
   25-6  amount of the penalty, or both the occurrence of the violation and
   25-7  the amount of the penalty.
   25-8        (f)  Not later than the 20th day after the date on which
   25-9  notice is received, the person charged may accept the determination
  25-10  of the executive director made under Subsection (d) of this
  25-11  section, including the recommended penalty, or make a written
  25-12  request for a hearing on the determination.
  25-13        (g)  If the person charged with the violation accepts the
  25-14  determination of the executive director, the Board shall issue an
  25-15  order approving the determination and ordering the payment of the
  25-16  recommended penalty.
  25-17        (h)  If the person charged requests a hearing or fails to
  25-18  timely respond to the notice, the executive director shall set a
  25-19  hearing and give notice of the hearing.  The hearing shall be held
  25-20  by a hearing examiner designated by the Board.  The hearing
  25-21  examiner shall make findings of fact and conclusions of law and
  25-22  promptly issue to the Board a proposal for decision as to the
  25-23  occurrence of the violation, including a recommendation as to the
  25-24  amount of the proposed penalty if a penalty is warranted.  Based on
  25-25  the findings of fact, conclusions of law, and recommendations of
  25-26  the hearing examiner, the Board by order may find a violation has
  25-27  occurred and may assess a penalty or may find that no violation has
   26-1  occurred.  All proceedings under this subsection are subject to the
   26-2  Administrative Procedure and Texas Register Act (Article 6252-13a,
   26-3  Vernon's Texas Civil Statutes) and its subsequent amendments.
   26-4        (i)  The executive director shall give notice of the Board's
   26-5  order to the person charged.  The notice shall include:
   26-6              (1)  the findings of fact and conclusions of law
   26-7  separately stated;
   26-8              (2)  the amount of the penalty ordered, if any;
   26-9              (3)  a statement of the right of the person charged to
  26-10  judicial review of the Board's order, if any; and
  26-11              (4)  other information required by law.
  26-12        (j)  Within the 30-day period immediately following the day
  26-13  on which the order becomes final as provided by Section 16(c),
  26-14  Administrative Procedure and Texas Register Act (Article 6252-13a,
  26-15  Vernon's Texas Civil Statutes), and its subsequent amendments, the
  26-16  person charged with the penalty shall:
  26-17              (1)  pay the penalty in full; or
  26-18              (2)  if the person files a petition for judicial review
  26-19  contesting either the amount of the penalty or the fact of the
  26-20  violation or contesting both the fact of the violation and the
  26-21  amount of the penalty:
  26-22                    (A)  forward the amount to the executive director
  26-23  for placement in an escrow account; or
  26-24                    (B)  in lieu of payment into escrow, post with
  26-25  the executive director a supersedeas bond in a form approved by the
  26-26  executive director for the amount of the penalty, the bond to be
  26-27  effective until all judicial review of the order or decision is
   27-1  final.
   27-2        (k)  If a person charged is financially unable to either
   27-3  forward the amount of the penalty for placement in an escrow
   27-4  account or post a supersedeas bond for the amount of the penalty,
   27-5  the person may satisfy the requirements of Subsection (j)(2) of
   27-6  this section by filing with the executive director an affidavit
   27-7  sworn by the person charged, stating that the person is financially
   27-8  unable to either forward the amount of the penalty or post a bond.
   27-9        (l)  Failure to forward the money to or to post the bond or
  27-10  file the affidavit with the executive director within the time
  27-11  provided by Subsection (j) of this section results in a waiver of
  27-12  all legal rights to judicial review.  Also, if the person charged
  27-13  fails to pay the penalty in full as provided under Subsection
  27-14  (j)(1) of this section or forward the money, post the bond, or file
  27-15  the affidavit as provided by Subsection (j) or (k) of this section,
  27-16  the executive director may forward the matter to the attorney
  27-17  general for enforcement.
  27-18        (m)  Judicial review of the order or decision of the Board
  27-19  assessing the penalty shall be under the substantial evidence rule
  27-20  and shall be instituted by filing a petition with a district court
  27-21  in Travis County, as provided by Section 19, Administrative
  27-22  Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
  27-23  Civil Statutes), and its subsequent amendments.
  27-24        (n)  If the penalty is reduced or not assessed by the court,
  27-25  the executive director shall remit to the person charged the
  27-26  appropriate amount plus accrued interest if the penalty has been
  27-27  paid or shall execute a release of the bond if a supersedeas bond
   28-1  has been posted.  The accrued interest on amounts remitted by the
   28-2  executive director under this subsection shall be paid at a rate
   28-3  equal to the rate charged on loans to depository institutions by
   28-4  the New York Federal Reserve Bank and shall be paid for the period
   28-5  beginning on the date the penalty is paid to the executive director
   28-6  under Subsection (j) of this section and ending on the date the
   28-7  penalty is remitted.
   28-8        (o)  A penalty collected under this section for a violation
   28-9  by a person holding a license or certificate under this Act shall
  28-10  be deposited in the general revenue fund.
  28-11        SECTION 2.11.  The Psychologists' Certification and Licensing
  28-12  Act (Article 4512c, Vernon's Texas Civil Statutes) is amended by
  28-13  adding Section 23B to read as follows:
  28-14        Sec. 23B.  TEMPORARY SUSPENSION.  (a)  An executive committee
  28-15  of the Board, consisting of the presiding officer of the Board and
  28-16  two other Board members appointed by the presiding officer, may
  28-17  temporarily suspend the license or certificate of a license or
  28-18  certificate holder under this Act if the executive committee
  28-19  determines from the evidence or information presented to the
  28-20  committee that the continued practice by the license or certificate
  28-21  holder constitutes a continuing or imminent threat to the public
  28-22  welfare.
  28-23        (b)  A temporary suspension authorized under Subsection (a)
  28-24  of this section may also be ordered on a majority vote of the
  28-25  Board.
  28-26        (c)  A license or certificate temporarily suspended under
  28-27  this section may be suspended without notice or hearing if, at the
   29-1  time the suspension is ordered, a hearing on whether disciplinary
   29-2  proceedings under this Act should be initiated against the license
   29-3  or certificate holder is scheduled to be held not later than the
   29-4  14th day after the date of the suspension.  A second hearing on the
   29-5  suspended license or certificate shall be held not later than the
   29-6  60th day after the date the suspension was ordered.  If the second
   29-7  hearing is not held in the time required by this subsection, the
   29-8  suspended license or certificate is automatically reinstated.
   29-9        (d)  The Board by rule shall adopt procedures for the
  29-10  temporary suspension of a license or certificate under this
  29-11  section.
  29-12        SECTION 2.12.  Section 24, Psychologists' Certification and
  29-13  Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
  29-14  amended to read as follows:
  29-15        Sec. 24.  Injunctions.  The <Texas State> Board <of Examiners
  29-16  of Psychologists> shall have the right to institute an action in
  29-17  its own name to enjoin the violation of any provisions of this Act.
  29-18  Said action for injunction shall be in addition to any other
  29-19  action, proceeding or remedy authorized by law.  The <Texas State>
  29-20  Board <of Examiners of Psychologists> shall be represented by the
  29-21  Attorney General or <and/or> the County or District Attorneys of
  29-22  this state.
  29-23        SECTION 2.13.  Section 25, Psychologists' Certification and
  29-24  Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
  29-25  amended to read as follows:
  29-26        Sec. 25.  Violations.  Any person who<, after December 31,
  29-27  1970,> represents himself to be a psychologist within this state
   30-1  without being certified or licensed or exempted in accordance with
   30-2  the provisions of this Act is guilty of a misdemeanor and, upon
   30-3  conviction, shall be punished by a fine not less than Fifty Dollars
   30-4  ($50.00) nor more than Five Hundred Dollars ($500.00), and by
   30-5  imprisonment in county jail for not more than thirty (30) days.
   30-6  Each day of violation is a separate offense.
   30-7        SECTION 2.14.  The Psychologists' Certification and Licensing
   30-8  Act (Article 4512c, Vernon's Texas Civil Statutes) is amended by
   30-9  adding Sections 25A, 25B, 25C, and 25D to read as follows:
  30-10        Sec. 25A.  COMPLAINT PROCEDURE IN GENERAL.  (a)  The Board
  30-11  shall keep an information file about each complaint filed with the
  30-12  Board.  The Board's information file shall be kept current and
  30-13  contain a record for each complaint of:
  30-14              (1)  all persons contacted in relation to the
  30-15  complaint;
  30-16              (2)  a summary of findings made at each step of the
  30-17  complaint process;
  30-18              (3)  an explanation of the legal basis and reason for a
  30-19  complaint that is dismissed; and
  30-20              (4)  other relevant information.
  30-21        (b)  If a written complaint is filed with the Board that the
  30-22  Board has authority to resolve, the Board, at least as frequently
  30-23  as quarterly and until final disposition of the complaint, shall
  30-24  notify the parties to the complaint of the status of the complaint
  30-25  unless the notice would jeopardize an undercover investigation.
  30-26        (c)  The Board by rule shall adopt a form to standardize
  30-27  information concerning complaints made to the Board.  The Board by
   31-1  rule shall prescribe information to be provided to a person when
   31-2  the person files a complaint with the Board.
   31-3        (d)  The Board shall provide reasonable assistance to a
   31-4  person who wishes to file a complaint with the Board.
   31-5        Sec. 25B.  COMPLAINT INVESTIGATION AND DISPOSITION.  (a)  The
   31-6  Board shall adopt rules concerning the investigation of a complaint
   31-7  filed with the Board.  The rules adopted under this subsection
   31-8  shall:
   31-9              (1)  distinguish between categories of complaints;
  31-10              (2)  ensure that complaints are not dismissed without
  31-11  appropriate consideration;
  31-12              (3)  require that the Board be advised of a complaint
  31-13  that is dismissed and that a letter be sent to the person who filed
  31-14  the complaint explaining the action taken on the dismissed
  31-15  complaint;
  31-16              (4)  ensure that the person who filed the complaint has
  31-17  an opportunity to explain the allegations made in the complaint;
  31-18  and
  31-19              (5)  prescribe guidelines concerning the categories of
  31-20  complaints that require the use of a private investigator and the
  31-21  procedures for the Board to obtain the services of a private
  31-22  investigator.
  31-23        (b)  The Board shall dispose of all complaints in a timely
  31-24  manner.  The Board shall establish a schedule for conducting each
  31-25  phase of a complaint that is under the control of the Board not
  31-26  later than the 30th day after the date the complaint is received by
  31-27  the Board.  The schedule shall be kept in the information file for
   32-1  the complaint and all parties shall be notified of the projected
   32-2  time requirements for pursuing the complaint.  A change in the
   32-3  schedule must be noted in the complaint information file and all
   32-4  parties to the complaint must be notified not later than the
   32-5  seventh day after the date the change is made.
   32-6        (c)  The executive director of the Board shall notify the
   32-7  Board of a complaint that extends beyond the time prescribed by the
   32-8  Board for resolving the complaint so that the Board may take
   32-9  necessary action on the complaint.
  32-10        Sec. 25C.  INFORMAL PROCEEDINGS.  (a)  The Board by rule
  32-11  shall adopt procedures governing:
  32-12              (1)  informal disposition of a contested case under
  32-13  Section 13(e), Administrative Procedure and Texas Register Act
  32-14  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
  32-15  subsequent amendments; and
  32-16              (2)  informal proceedings held in compliance with
  32-17  Section 18(c), Administrative Procedure and Texas Register Act
  32-18  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
  32-19  subsequent amendments.
  32-20        (b)  Rules adopted under this section must provide the
  32-21  complainant and the license or certificate holder an opportunity to
  32-22  be heard and must require the presence of a representative of the
  32-23  office of the attorney general to advise the Board or Board's
  32-24  employees.
  32-25        Sec. 25D.  MONITORING OF LICENSE OR CERTIFICATE HOLDER.  The
  32-26  Board by rule shall develop a system for monitoring license or
  32-27  certificate holders' compliance with the requirements of this Act.
   33-1  Rules adopted under this section shall include procedures for
   33-2  monitoring a license or certificate holder who is ordered by the
   33-3  Board to perform certain acts to ascertain that the license or
   33-4  certificate holder performs the required acts and to identify and
   33-5  monitor license or certificate holders who represent a risk to the
   33-6  public.
   33-7             ARTICLE 3.  LICENSED PROFESSIONAL COUNSELORS
   33-8        SECTION 3.01.  Section 2, Licensed Professional Counselor Act
   33-9  (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
  33-10  as follows:
  33-11        Sec. 2.  Definitions.  In this Act:
  33-12              (1)  "Licensed professional counselor" means a person
  33-13  who:
  33-14                    (A)  represents himself or herself to the public
  33-15  by any title or description of services incorporating the words
  33-16  "Licensed Counselor," who offers to render professional counseling
  33-17  services to individuals, groups, organizations, corporations,
  33-18  institutions, government agencies, or the general public for
  33-19  compensation, implying that he or she is licensed and trained,
  33-20  experienced, or expert in counseling, and who holds a valid license
  33-21  issued under this Act to engage in the practice of counseling; or
  33-22                    (B)  a person who holds a valid license issued
  33-23  under this Act and who engages in any type of practice of
  33-24  counseling.
  33-25              (2)  "Board" means the Texas <State> Board of Examiners
  33-26  of Mental Health Professionals <Professional Counselors>.
  33-27              (3)  <"Department" means the Texas Department of
   34-1  Health.>
   34-2              <(4)>  "Applicant" means an individual who seeks
   34-3  licensing under this Act.
   34-4              (4) <(5)>  "Graduate semester hour" means a semester
   34-5  hour or the quarter hour equivalent as defined by regional
   34-6  accrediting educational associations when applied only to domestic
   34-7  training programs.
   34-8              (5) <(6)>  "Counseling services" means those acts and
   34-9  behaviors coming within the meaning of the practice of counseling.
  34-10              (6) <(7)>  "Practice of counseling" means rendering or
  34-11  offering to render, to individuals, groups, organizations, or the
  34-12  general public, counseling services, for compensation, involving
  34-13  the application of principles, methods, or procedures of the
  34-14  counseling profession that include but are not restricted to:
  34-15                    (A)  "counseling" which means assisting an
  34-16  individual or groups, through the counseling relationship, to
  34-17  develop understanding of personal problems, to define goals, and to
  34-18  plan action reflecting an individual's or group's interests,
  34-19  abilities, aptitudes, and needs as they are related to
  34-20  personal-social concerns, educational progress, and occupations and
  34-21  careers;
  34-22                    (B)  "appraisal activities" which means
  34-23  selecting, administering, scoring, and interpreting instruments
  34-24  designed to assess an individual's aptitudes, attitudes, abilities,
  34-25  achievements, interests, and personal characteristics but does not
  34-26  include the use of projective techniques in the assessment of
  34-27  personality;
   35-1                    (C)  "counseling, guidance, and personnel
   35-2  consulting" which means interpreting or reporting on scientific
   35-3  fact or theory in counseling, guidance, and personnel services to
   35-4  provide assistance in solving some current or potential problems of
   35-5  individuals, groups, or organizations;
   35-6                    (D)  "referral activities" which means the
   35-7  evaluating of data to identify problems and to determine
   35-8  advisability of referral to other specialists; and
   35-9                    (E)  "research activities" which means the
  35-10  designing, conducting, and interpreting of research with human
  35-11  subjects.
  35-12        SECTION 3.02.  Section 6, Licensed Professional Counselor Act
  35-13  (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
  35-14  as follows:
  35-15        Sec. 6.  Board Responsibilities.  <(a)  The board shall meet
  35-16  not later than the 30th day after the day its members are appointed
  35-17  by the governor.  The board shall elect a chairman and a
  35-18  vice-chairman who shall hold office according to the rules adopted
  35-19  by the board.>
  35-20        <(b)  The board shall hold at least two regular meetings each
  35-21  year as provided by rules adopted by the board and approved by the
  35-22  department.  Five members constitute a quorum.>
  35-23        <(c)  The board may delegate functions and activities
  35-24  required by this Act to individuals and committees on a permanent
  35-25  or temporary basis if a quorum of the board agrees to the
  35-26  delegation and if the delegates clearly possess the professional
  35-27  and personal qualifications to act as delegates of the board.>
   36-1        <(d)  The board shall keep an information file about each
   36-2  complaint filed with the board.  If a written complaint is filed
   36-3  with the board relating to a licensee under this Act, the board, at
   36-4  least as frequently as quarterly and until the complaint is finally
   36-5  disposed of, shall notify the complainant of the status of the
   36-6  complaint.>
   36-7        <(e)>  The board shall:
   36-8              (1)  determine the qualifications and fitness of
   36-9  applicants for licenses, renewal of licenses, and reciprocal
  36-10  licenses;
  36-11              (2)  adopt and revise<, with the approval of the
  36-12  department,> rules not inconsistent with the law of this state that
  36-13  are necessary to administer this Act.  However, the board may not
  36-14  adopt rules restricting competitive bidding or advertising by
  36-15  licensees except to prohibit false, misleading, or deceptive
  36-16  practices.  The board may not include in its rules to prohibit
  36-17  false, misleading, or deceptive practices by licensees a rule that:
  36-18                    (A)  restricts a licensee's use of any medium for
  36-19  advertising;
  36-20                    (B)  restricts a licensee's personal appearance
  36-21  or use of the person's <his> personal voice in an advertisement;
  36-22                    (C)  relates to the size or duration of an
  36-23  advertisement by a licensee; or
  36-24                    (D)  restricts a licensee's advertisement under a
  36-25  trade name;
  36-26              (3)  adopt and publish a code of ethics and adopt an
  36-27  official seal;
   37-1              (4)  examine for, deny, approve, issue, revoke,
   37-2  suspend, and renew the licenses of counselor applicants and
   37-3  licensees under this Act <and conduct hearings in connection with
   37-4  these actions>;
   37-5              (5)  establish a mandatory continuing education program
   37-6  for licensees <conduct hearings on complaints concerning violations
   37-7  of this Act and the rules adopted under this Act and cause the
   37-8  prosecution and enjoiner of the violations>; and
   37-9              (6)  <expend money necessary for the proper
  37-10  administration of its assigned duties;>
  37-11              <(7)  set fees with the approval of the department for
  37-12  the board's services in amounts that are sufficient to meet the
  37-13  expenses of administering this Act;>
  37-14              <(8)>  request and receive the assistance of state
  37-15  educational institutions or other state agencies<; and>
  37-16              <(9)  prepare information of consumer interest
  37-17  describing the regulatory functions of the board and describing the
  37-18  board's procedures by which consumer complaints are filed with and
  37-19  resolved by the board.  The board shall make the information
  37-20  available to the general public and appropriate state agencies>.
  37-21        SECTION 3.03.  Sections 12(b), (c), and (d), Licensed
  37-22  Professional Counselor Act (Article 4512g, Vernon's Texas Civil
  37-23  Statutes), are amended to read as follows:
  37-24        (b)  If a written examination is required, the board shall
  37-25  grade the examination and recommend to the presiding officer
  37-26  <chairman> action to be taken.  To ensure impartiality, written
  37-27  examination documents shall be identified by number, and no paper
   38-1  may be marked with the name of an applicant but shall be
   38-2  anonymously graded by the board.  The board shall have the written
   38-3  portion of the examination, if any, validated by an independent
   38-4  testing professional.  In the event an applicant fails to receive a
   38-5  passing grade on the entire examination, he may reapply and shall
   38-6  be allowed to take a subsequent examination.  An applicant who has
   38-7  failed two successive examinations may not reapply until two years
   38-8  have elapsed from the date of the last examination or he has
   38-9  satisfactorily completed nine graduate semester hours in the
  38-10  applicant's weakest portion of the examination.
  38-11        (c)  Not later than the 30th day <Within 30 days> after the
  38-12  day a licensing examination is administered under this Act, the
  38-13  board shall notify each examinee of the results of the examination.
  38-14  However, if an examination is graded or reviewed by a national
  38-15  testing service, the board shall notify each examinee of the
  38-16  results of the examination not later than the 14th day <within two
  38-17  weeks> after the day the board receives the results from the
  38-18  testing service.  If the notice of the examination results graded
  38-19  or reviewed by the national testing service will be delayed for
  38-20  more than 90 days after the examination date, the board shall
  38-21  notify the examinee of the reason for the delay before the 90th
  38-22  day.
  38-23        (d)  If requested in writing by a person who fails the
  38-24  examination for a license, the board shall furnish to the person an
  38-25  analysis of the person's performance on the examination.
  38-26        SECTION 3.04.  Section 14, Licensed Professional Counselor
  38-27  Act (Article 4512g, Vernon's Texas Civil Statutes), is amended to
   39-1  read as follows:
   39-2        Sec. 14.  Licenses and Renewal of Licenses.  (a)  A license
   39-3  certificate issued by the board is the property of the board and
   39-4  must be surrendered on demand.
   39-5        (b)  The licensee shall display the license certificate in an
   39-6  appropriate and public manner.
   39-7        (c)  The licensee shall inform the board of his current
   39-8  address at all times.
   39-9        (d)  Each year the board shall prepare a registry of licensed
  39-10  professional counselors with specialties, if any, identified.  The
  39-11  registry shall be made available to the licensees, other state
  39-12  agencies, and the general public on request.
  39-13        (e)  The license may be renewed annually if the licensee is
  39-14  not in violation of this Act at the time of application for renewal
  39-15  <and if the applicant fulfills current requirements of continuing
  39-16  education as established by the board>.
  39-17        (f)  The board by rule shall establish a minimum number of
  39-18  hours of continuing education required to renew a license under
  39-19  this Act.  The board may assess the continuing education needs of
  39-20  licensees and may require licensees to attend continuing education
  39-21  courses specified by the board.  The board by rule shall develop a
  39-22  process to evaluate and approve continuing education courses.
  39-23        (g)  The board shall identify the key factors for the
  39-24  competent performance by a licensee of the licensee's professional
  39-25  duties.  The board shall adopt a procedure to assess a licensee's
  39-26  participation in continuing education programs.
  39-27        (h)  Each person licensed under this Act is responsible for
   40-1  renewing his license before the expiration date.
   40-2        (i) <(g)>  The board shall adopt a system under which
   40-3  licenses expire on various dates during the year.  For the year in
   40-4  which the expiration date is changed, license fees payable on the
   40-5  date of issuance shall be prorated on a monthly basis so that each
   40-6  licensee shall pay only that portion of the license fee that is
   40-7  applicable to the number of months during which the license is
   40-8  valid.
   40-9        (j)  A person may renew an unexpired license by paying to the
  40-10  board before the expiration of the license the required renewal
  40-11  fee.
  40-12        (k)  If a person's license has been expired for 90 days or
  40-13  less, the person may renew the license by paying to the board the
  40-14  required renewal fee and a fee that is one-half of the examination
  40-15  fee for the license.
  40-16        (l)  If a person's license has been expired for longer than
  40-17  90 days but less than one year, the person may renew the license by
  40-18  paying to the board all unpaid renewal fees and a fee that is equal
  40-19  to the examination fee for the license.
  40-20        (m)  If a person's license has been expired for one year or
  40-21  longer, the person may not renew the license.  The person may
  40-22  obtain a new license by submitting to reexamination and 0complying
  40-23  with the requirements and procedures for obtaining an original
  40-24  license.  However, the board may renew without reexamination an
  40-25  expired license of a person who was licensed in this state, moved
  40-26  to another state, and is currently licensed and has been in
  40-27  practice in the other state for the two years preceding
   41-1  application.  The person must pay to the board a fee that is equal
   41-2  to the examination fee for the license.
   41-3        (n)  At least 30 days before the expiration of a person's
   41-4  license, the board shall send written notice of the impending
   41-5  license expiration to the person at the licensee's last known
   41-6  address according to the records of the board.
   41-7        (o)  <On renewal of the license on the new expiration date,
   41-8  the total license fee is payable.  Failure to renew a license by
   41-9  the expiration date shall result in an increase of the renewal fee
  41-10  by an amount to be determined by the board with the approval of the
  41-11  department.  If failure to renew continues for more than 30 days
  41-12  after the date of expiration, the board shall notify the person
  41-13  licensed under this Act of the expiration date of his license and
  41-14  the amount of the fee required for renewal.  If failure to renew
  41-15  continues for more than 90 days after the date of expiration of the
  41-16  license, the license shall be revoked.  Any licensee whose license
  41-17  is revoked because of failure to pay the annual license renewal fee
  41-18  may secure reinstatement of his license at any time within one year
  41-19  from the expiration date on payment of the license fee and a
  41-20  penalty fee in an amount to be determined by the board with the
  41-21  approval of the department.  After the expiration of the year for
  41-22  which the license fee was not paid, a license may not be reinstated
  41-23  unless the licensee fulfills current requirements applicable to all
  41-24  licensees as provided by the rules adopted by the board.>
  41-25        <(h)>  A licensee may request that his license be declared
  41-26  inactive.  The licensee then foregoes the licensing rights granted
  41-27  under this Act but is relieved of renewal fees and penalty fees.
   42-1  At any time in the future, the license shall be declared active on
   42-2  the payment of a license fee if the applicant is not in violation
   42-3  of this Act at the time of application for reactivation or renewal
   42-4  of the license and if the applicant fulfills current requirements
   42-5  applicable to all licensees as provided by the rules adopted by the
   42-6  board.
   42-7        (p)  The board by rule may provide for the issuance of a
   42-8  temporary license.  Rules adopted under this subsection shall
   42-9  include a time limit for a temporary license.
  42-10        SECTION 3.05.  Section 16, Licensed Professional Counselor
  42-11  Act (Article 4512g, Vernon's Texas Civil Statutes), is amended to
  42-12  read as follows:
  42-13        Sec. 16.  Revocation or Suspension of License.  (a)  The
  42-14  board shall <may> revoke or suspend the license of a counselor,
  42-15  place on probation a counselor whose license has been suspended, or
  42-16  reprimand a counselor if <on proof that> the counselor:
  42-17              (1)  has violated this Act or a rule or code of ethics
  42-18  adopted by the board; or
  42-19              (2)  is legally committed to an institution because of
  42-20  mental incompetence from any cause.
  42-21        (b)  If a license suspension is probated, the board may
  42-22  require the licensee to:
  42-23              (1)  report regularly to the board on matters that are
  42-24  the basis of the probation;
  42-25              (2)  limit practice to the areas prescribed by the
  42-26  board; or
  42-27              (3)  continue or review continuing professional
   43-1  education until the licensee attains a degree of skill satisfactory
   43-2  to the board in those areas that are the basis of the probation.
   43-3        (c)  A licensee is entitled to a hearing conducted by the
   43-4  State Office of Administrative Hearings before a sanction is
   43-5  imposed under this section.
   43-6        (d)  The board by rule shall adopt a broad schedule of
   43-7  sanctions for violations under this Act.  The State Office of
   43-8  Administrative Hearings shall use the schedule for any sanction
   43-9  imposed as the result of a hearing conducted by that office.
  43-10        (e)  Proceedings for revocation or suspension of a license
  43-11  and appeals from those proceedings are governed by the
  43-12  Administrative Procedure and Texas Register Act, as amended
  43-13  (Article 6252-13a, Vernon's Texas Civil Statutes).
  43-14        SECTION 3.06.  The Licensed Professional Counselor Act
  43-15  (Article 4512g, Vernon's Texas Civil Statutes) is amended by adding
  43-16  Sections 16A, 16B, 16C, and 16D to read as follows:
  43-17        Sec. 16A.  COMPLAINT PROCEDURE IN GENERAL.  (a)  The board
  43-18  shall keep an information file about each complaint filed with the
  43-19  board.  The board's information file shall be kept current and
  43-20  contain a record for each complaint of:
  43-21              (1)  all persons contacted in relation to the
  43-22  complaint;
  43-23              (2)  a summary of findings made at each step of the
  43-24  complaint process;
  43-25              (3)  an explanation of the legal basis and reason for a
  43-26  complaint that is dismissed; and
  43-27              (4)  other relevant information.
   44-1        (b)  If a written complaint is filed with the board that the
   44-2  board has authority to resolve, the board, at least as frequently
   44-3  as quarterly and until final disposition of the complaint, shall
   44-4  notify the parties to the complaint of the status of the complaint
   44-5  unless the notice would jeopardize an undercover investigation.
   44-6        (c)  The board by rule shall adopt a form to standardize
   44-7  information concerning complaints made to the board.  The board by
   44-8  rule shall prescribe information to be provided to a person when
   44-9  the person files a complaint with the board.
  44-10        (d)  The board shall provide reasonable assistance to a
  44-11  person who wishes to file a complaint with the board.
  44-12        Sec. 16B.  COMPLAINT INVESTIGATION AND DISPOSITION.  (a)  The
  44-13  board shall adopt rules concerning the investigation of a complaint
  44-14  filed with the board.  The rules adopted under this subsection
  44-15  shall:
  44-16              (1)  distinguish between categories of complaints;
  44-17              (2)  ensure that complaints are not dismissed without
  44-18  appropriate consideration;
  44-19              (3)  require that the board be advised of a complaint
  44-20  that is dismissed and that a letter be sent to the person who filed
  44-21  the complaint explaining the action taken on the dismissed
  44-22  complaint;
  44-23              (4)  ensure that the person who filed the complaint has
  44-24  an opportunity to explain the allegations made in the complaint;
  44-25  and
  44-26              (5)  prescribe guidelines concerning the categories of
  44-27  complaints that require the use of a private investigator and the
   45-1  procedures for the board to obtain the services of a private
   45-2  investigator.
   45-3        (b)  The board shall dispose of all complaints in a timely
   45-4  manner.  The board shall establish a schedule for conducting each
   45-5  phase of a complaint that is under the control of the board not
   45-6  later than the 30th day after the date the complaint is received by
   45-7  the board.  The schedule shall be kept in the information file for
   45-8  the complaint and all parties shall be notified of the projected
   45-9  time requirements for pursuing the complaint.  A change in the
  45-10  schedule must be noted in the complaint information file and all
  45-11  parties to the complaint must be notified not later than the
  45-12  seventh day after the date the change is made.
  45-13        (c)  The executive director of the board shall notify the
  45-14  board of a complaint that extends beyond the time prescribed by the
  45-15  board for resolving the complaint so that the board may take
  45-16  necessary action on the complaint.
  45-17        Sec. 16C.  INFORMAL PROCEEDINGS.  (a)  The board by rule
  45-18  shall adopt procedures governing:
  45-19              (1)  informal disposition of a contested case under
  45-20  Section 13(e), Administrative Procedure and Texas Register Act
  45-21  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
  45-22  subsequent amendments; and
  45-23              (2)  informal proceedings held in compliance with
  45-24  Section 18(c), Administrative Procedure and Texas Register Act
  45-25  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
  45-26  subsequent amendments.
  45-27        (b)  Rules adopted under this section must provide the
   46-1  complainant and the licensee an opportunity to be heard and must
   46-2  require the presence of a representative of the office of the
   46-3  attorney general to advise the board or board's employees.
   46-4        Sec. 16D.  MONITORING OF LICENSEE.  The board by rule shall
   46-5  develop a system for monitoring licensees' compliance with the
   46-6  requirements of this Act.  Rules adopted under this section shall
   46-7  include procedures for monitoring a licensee who is ordered by the
   46-8  board to perform certain acts to ascertain that the licensee
   46-9  performs the required acts and to identify and monitor licensees
  46-10  who represent a risk to the public.
  46-11        SECTION 3.07.  Section 17, Licensed Professional Counselor
  46-12  Act (Article 4512g, Vernon's Texas Civil Statutes), is amended to
  46-13  read as follows:
  46-14        Sec. 17.  Power to Sue.  The board <or the department> may
  46-15  institute a suit in its own name to enjoin the violation of this
  46-16  Act.  The suit is in addition to any other action, proceeding, or
  46-17  remedy authorized by law.  The board shall be represented by the
  46-18  attorney general or the appropriate county or district attorney.
  46-19        SECTION 3.08.  Section 18, Licensed Professional Counselor
  46-20  Act (Article 4512g, Vernon's Texas Civil Statutes), is amended to
  46-21  read as follows:
  46-22        Sec. 18.  Reciprocity.  (a)  The board may grant, on
  46-23  application and payment of fees, a provisional license <without
  46-24  examination> to a person who at the time of application holds a
  46-25  valid license or certificate as a counselor issued by another state
  46-26  or any political territory or jurisdiction acceptable to the board
  46-27  <if in the board's opinion the requirements for that license or
   47-1  certificate are substantially the same as the requirements of this
   47-2  Act>.  An applicant for a provisional license under this section
   47-3  must:
   47-4              (1)  be licensed in good standing as a counselor in
   47-5  another state, territory, or jurisdiction that has licensing
   47-6  requirements that are substantially equivalent to the requirements
   47-7  of this Act;
   47-8              (2)  have passed a national or other examination
   47-9  recognized by the board relating to counseling; and
  47-10              (3)  be sponsored by a person licensed by the board
  47-11  under this Act with whom the provisional licensee may practice
  47-12  under this section.
  47-13        (b)  An applicant for a provisional license may be excused
  47-14  from the requirement of Subsection (a)(3) of this section if the
  47-15  board determines that compliance with that subsection constitutes a
  47-16  hardship to the applicant.
  47-17        (c)  A provisional license is valid until the date the board
  47-18  approves or denies the provisional licensee's application for a
  47-19  license.  The board shall issue a license under this Act to the
  47-20  holder of a provisional license under this section if:
  47-21              (1)  the provisional licensee passes the examination
  47-22  required by Section 12 of this Act;
  47-23              (2)  the board verifies that the provisional licensee
  47-24  has the academic and experience requirements for a license under
  47-25  this Act; and
  47-26              (3)  the provisional licensee satisfies any other
  47-27  license requirements under this Act.
   48-1        (d)  The board must complete the processing of a provisional
   48-2  licensee's application for a license not later than the 180th day
   48-3  after the date the provisional license is issued.
   48-4        SECTION 3.09.  Section 19, Licensed Professional Counselor
   48-5  Act (Article 4512g, Vernon's Texas Civil Statutes), is amended to
   48-6  read as follows:
   48-7        Sec. 19.  Revenue, Receipts and Disbursements.  (a)  All
   48-8  money paid to the board <The department shall receive and account
   48-9  for funds derived> under this Act<.  The funds> shall be deposited
  48-10  in the State Treasury to the credit of a special fund to be known
  48-11  as the professional counselors licensing fund and may be used only
  48-12  for the administration of this Act.
  48-13        (b)  <The board may impose application, examination, license,
  48-14  and renewal fees and any other appropriate fees in an amount fixed
  48-15  by the board.>  The board by rule shall establish reasonable and
  48-16  necessary <fix the amounts of the> fees so that the fees, in the
  48-17  aggregate, produce <to collect> sufficient revenue to meet the
  48-18  expenses of administering this Act without accumulating unnecessary
  48-19  surpluses.
  48-20        (c)  The fees set by the board may be adjusted so that the
  48-21  total fees collected are sufficient to meet the expenses of
  48-22  administering this Act.  The board may not set a fee for an amount
  48-23  less than the amount of that fee on September 1, 1993.
  48-24                      ARTICLE 4.  SOCIAL WORKERS
  48-25        SECTION 4.01.  Section 50.001, Human Resources Code, is
  48-26  amended to read as follows:
  48-27        Sec. 50.001.  Definitions.  (a)  In this chapter:
   49-1              (1)  "Board" means the Texas Board of Examiners of
   49-2  Mental Health Professionals <Human Services>.
   49-3              (2)  "Certified social worker" means a person who is
   49-4  duly certified as a certified social worker by the board
   49-5  <department> in accordance with this chapter.
   49-6              (3)  "Social work services" means the professional
   49-7  activity of helping individuals, groups, or communities enhance or
   49-8  restore their capacity for social functioning and creating social
   49-9  conditions favorable to this goal.  Social work services consist of
  49-10  the professional application of social work values, principles, and
  49-11  techniques to one or more of the following ends:  helping people
  49-12  obtain tangible services, counseling with individuals, families, or
  49-13  groups, helping communities or groups provide social and health
  49-14  services, and participating in formulating relevant public
  49-15  policies.  The practice of social work requires knowledge of human
  49-16  development and behavior, of social, economic, and cultural
  49-17  institutions, and of the interaction of all these factors.
  49-18              (4)  "Social worker" means a person who has been duly
  49-19  certified as a social worker by the board <department> in
  49-20  accordance with this chapter.
  49-21              (5)  "Social work associate" means a person who has
  49-22  been duly certified as a social work associate by the board
  49-23  <department> in accordance with this chapter.
  49-24              <(6)  "Council" means the Council for Social Work
  49-25  Certification.>
  49-26              <(7)  "Department" means the Texas Department of Human
  49-27  Services.>
   50-1        (b)  The board <department> may define by rule any word or
   50-2  term not defined in this section as necessary to administer or
   50-3  enforce this chapter.  The definition may not be inconsistent or in
   50-4  conflict with the purposes or objectives of this chapter.
   50-5        SECTION 4.02.  Section 50.005, Human Resources Code, is
   50-6  amended to read as follows:
   50-7        Sec. 50.005.  Funding.  (a)  All money paid to the board
   50-8  <derived from fees, assessments, or charges> under this chapter
   50-9  shall be deposited <paid by the department> into the State Treasury
  50-10  <for safekeeping and shall be placed by the State Treasurer> in a
  50-11  separate fund to be known as the social workers fund.  The money
  50-12  shall be available to the board <department> exclusively for the
  50-13  administration, implementation, and enforcement of this chapter.
  50-14  Surpluses are reserved for the use of the board <department> in the
  50-15  administration and enforcement of this chapter.
  50-16        (b)  The comptroller shall, on requisition of the board
  50-17  <department>, draw warrants from time to time on the State
  50-18  Treasurer for the amount specified in the requisition, not
  50-19  exceeding the amount in the fund at the time the requisition is
  50-20  made.  However, all money expended in the administration,
  50-21  implementation, or enforcement of this chapter shall be specified
  50-22  and determined by itemized appropriation in the General
  50-23  Appropriations Act for the board <department> and not otherwise.
  50-24        SECTION 4.03.  Section 50.006, Human Resources Code, is
  50-25  amended to read as follows:
  50-26        Sec. 50.006.  Regulation and Enforcement.  (a)  The board
  50-27  <department> may adopt and enforce the rules necessary for the
   51-1  performance of its duties, establish standards of conduct and
   51-2  ethics for all persons certified under this chapter, and ensure
   51-3  strict compliance with and enforcement of this chapter.
   51-4        (b)  The violation by a certified social worker, social
   51-5  worker, or social work associate of this chapter or of any rule of
   51-6  the board <department> pertaining to the practice of social work is
   51-7  sufficient reason to suspend or revoke a certificate issued under
   51-8  this chapter.
   51-9        (c)  In addition to any other action, proceeding, or remedy
  51-10  authorized by law, the board <department> may institute an action
  51-11  to enjoin a violation of this chapter or a rule of the board
  51-12  <department>.  In order for the board <department> to sustain the
  51-13  action, it is not necessary to allege or prove the lack of an
  51-14  adequate remedy at law or that substantial or irreparable damage
  51-15  would result from the continued violation.  Either party to the
  51-16  action may appeal to the appellate court having jurisdiction of the
  51-17  cause.  The board <department> shall not be required to give any
  51-18  appeal bond in any cause arising under this chapter.  The attorney
  51-19  general shall represent the board <department> in all actions and
  51-20  proceedings to enforce this chapter.
  51-21        (d)  The board <department> shall prepare information of
  51-22  consumer interest describing the regulatory functions of the board
  51-23  <department> and describing the board's <department's> procedures
  51-24  by which consumer complaints are filed with and resolved by the
  51-25  board <department>.  The board <department> shall make the
  51-26  information available to the general public and appropriate state
  51-27  agencies.
   52-1        (e)  There shall be prominently displayed at all times in the
   52-2  place of business of each person certified under this chapter a
   52-3  sign containing the name, mailing address, and telephone number of
   52-4  the board <department> and a statement informing consumers that
   52-5  complaints against persons certified under this chapter may be
   52-6  directed to the board <department>.
   52-7        SECTION 4.04.  Section 50.0061, Human Resources Code, is
   52-8  amended to read as follows:
   52-9        Sec. 50.0061.  Advertising.  (a)  The board <department> may
  52-10  not adopt rules restricting competitive bidding or advertising by a
  52-11  person regulated by the board <department> except to prohibit
  52-12  false, misleading, or deceptive practices by the person.
  52-13        (b)  The board <department> may not include in its rules to
  52-14  prohibit false, misleading, or deceptive practices by a person
  52-15  regulated by the board <department> a rule that:
  52-16              (1)  restricts the person's use of any medium for
  52-17  advertising;
  52-18              (2)  restricts the person's personal appearance or use
  52-19  of the person's <his> voice in an advertisement;
  52-20              (3)  relates to the size or duration of an
  52-21  advertisement by the person; or
  52-22              (4)  restricts the person's advertisement under a trade
  52-23  name.
  52-24        SECTION 4.05.  Section 50.008(a), Human Resources Code, is
  52-25  amended to read as follows:
  52-26        (a)  A roster showing the names and addresses, as reflected
  52-27  by the board's <department's> records, of all certified social
   53-1  workers, social workers, and social work associates certified by
   53-2  the board <department> shall be prepared and published by the board
   53-3  <department> at its discretion.  Copies of the roster shall be
   53-4  mailed to each person certified by the board <department> placed on
   53-5  file with the secretary of state.
   53-6        SECTION 4.06.  Section 50.009, Human Resources Code, is
   53-7  amended to read as follows:
   53-8        Sec. 50.009.  Fees.  (a)  The board by rule <department>
   53-9  shall establish reasonable and necessary<, charge, and collect>
  53-10  fees so that the fees, in the aggregate, produce sufficient
  53-11  revenues to cover the cost of administering this chapter, as
  53-12  follows:
  53-13              (1)  a fee for the filing of an application to take an
  53-14  examination for a certificate under this chapter;
  53-15              (2)  a fee for the taking of an examination;
  53-16              (3)  a fee for the original issuance of certificate
  53-17  under this chapter;
  53-18              (4)  a fee for the original issuance of an order of
  53-19  recognition to practice a specialty in the practice of social work;
  53-20              (5)  a fee for an annual renewal of an order of
  53-21  recognition to practice a specialty in the practice of social work;
  53-22              (6)  a fee for an annual renewal of a certificate
  53-23  issued in accordance with this chapter;
  53-24              (7)  a fee for replacement of a certificate, specialty
  53-25  order of recognition, or renewal lost or destroyed; and
  53-26              (8)  a fee for a copy of the official roster of
  53-27  certified persons published by the board <department> for the one
   54-1  copy mailed to each person certified.
   54-2        (b)  The fees set by the board may be adjusted so that the
   54-3  total fees collected are sufficient to meet the expenses of
   54-4  administering this chapter.  The board may not set a fee for an
   54-5  amount less than the amount of that fee on September 1, 1993  <If a
   54-6  certified social work associate is qualified on September 2, 1983,
   54-7  to be examined for a certificate as a social worker because of a
   54-8  legislative change in qualifications under Section 50.016 of this
   54-9  chapter, the department may not charge or collect a fee for issuing
  54-10  the social worker certificate to that person>.
  54-11        SECTION 4.07.  Section 50.011, Human Resources Code, is
  54-12  amended to read as follows:
  54-13        Sec. 50.011.  Professional Identification.  A person
  54-14  certified by the board <department> in accordance with this chapter
  54-15  shall, in the professional use of his name or any sign, directory,
  54-16  listing, contract, document, pamphlet, stationery, letterhead,
  54-17  advertisement, signature, or other means of professional
  54-18  identification, written or printed, use the following legally
  54-19  required identifications:
  54-20              (1)  if certified as a certified social worker, the
  54-21  words "certified social worker" or the initials "C.S.W.";
  54-22              (2)  if certified as a social worker, the words "social
  54-23  worker" or the initials "S.W."; or
  54-24              (3)  if certified as a social work associate, the words
  54-25  "social work associate" or the initials "S.W.A."
  54-26        SECTION 4.08.  Section 50.013, Human Resources Code, is
  54-27  amended to read as follows:
   55-1        Sec. 50.013.  Applications.  An application for certification
   55-2  under this chapter shall be on a form prescribed and furnished by
   55-3  the board <department> and shall contain statements made under oath
   55-4  setting forth in detail the applicant's education, experience, and
   55-5  other information as required by the board <department> that
   55-6  qualify the applicant for a certificate under this chapter.  No
   55-7  person is eligible for a certificate provided under this chapter
   55-8  unless he is at least 18 years of age and worthy of the public
   55-9  trust and confidence.
  55-10        SECTION 4.09.  Section 50.014, Human Resources Code, is
  55-11  amended to read as follows:
  55-12        Sec. 50.014.  Examinations.  (a)  At least once each calendar
  55-13  year the board <department> shall prepare and administer an
  55-14  examination to determine the qualifications of applicants for
  55-15  certificates under this chapter.  Examinations shall be conducted
  55-16  in the manner the board <department> determines and in a manner
  55-17  that is fair and impartial to all individuals and to every school
  55-18  or system of social work.  Applicants shall be known to the
  55-19  examiners only by numbers until after the general averages of the
  55-20  applicants in a class have been determined and certificates have
  55-21  been granted or refused.  The scope and content of examinations
  55-22  shall be sufficient to ensure professional efficacy and competence
  55-23  in keeping with the highest standards of the social work
  55-24  profession.  The board shall have the written portion of the
  55-25  examination, if any, validated by an independent testing
  55-26  professional.
  55-27        (b)  On satisfactory completion of all requirements of the
   56-1  examination conducted by the board <department>, an applicant may
   56-2  be granted a certificate as a certified social worker, social
   56-3  worker, or social work associate as the board <department>
   56-4  determines.
   56-5        (c)  The board by rule shall establish:
   56-6              (1)  a limit on the number of times an applicant who
   56-7  fails an examination may retake the examination;
   56-8              (2)  requirements for retaking an examination; and
   56-9              (3)  alternative methods of examining competency  <An
  56-10  applicant who fails an examination may be reexamined at a
  56-11  subsequent time on payment of the required fees.  An applicant may
  56-12  be reexamined only three times for the same certificate>.
  56-13        (d)  If requested by a person who fails the examination for a
  56-14  certificate, the board <department> shall furnish to the person an
  56-15  analysis of the person's performance on the examination.
  56-16        (e)  Not later than the 30th day after the day on which a
  56-17  certification examination is administered under this chapter, the
  56-18  board <department> shall notify each examinee of the results of the
  56-19  examination.  However, if an examination is graded or reviewed by a
  56-20  national testing service, the board <department> shall notify
  56-21  examinees of the results of the examination not later than the 14th
  56-22  day after the day on which the board <department> receives the
  56-23  results from the testing service.  If the notice of the examination
  56-24  results will be delayed for longer than 90 days after the
  56-25  examination date, the board <department> shall notify the examinee
  56-26  of the reason for the delay before the 90th day.
  56-27        SECTION 4.10.  Section 50.015, Human Resources Code, is
   57-1  amended to read as follows:
   57-2        Sec. 50.015.  Certified Social Worker.  The board  <(a)
   57-3  Until December 31, 1985, the department> shall consider <the
   57-4  following as minimum evidence that an applicant is qualified to be
   57-5  examined for a certificate as a certified social worker:>
   57-6              <(1)>  a doctoral degree or master's degree in social
   57-7  work from an accredited graduate program approved by the board
   57-8  <department;>
   57-9              <(2)  a doctoral degree or master's degree not in
  57-10  social work from an accredited program approved by the department
  57-11  and the successful completion of two years' actual and active
  57-12  social work experience approved by the department; or>
  57-13              <(3)  a baccalaureate degree in social work or a
  57-14  related field from an educational program approved by the
  57-15  department and the successful completion of five years' actual and
  57-16  active social work experience approved by the department; or>
  57-17              <(4)  a baccalaureate degree not in social work or a
  57-18  related field from an educational institution approved by the
  57-19  department and the successful completion of 10 years' actual and
  57-20  active social work experience approved by the department.>
  57-21        <(b)  After December 31, 1985, the department shall consider
  57-22  only the qualifications prescribed by Subdivision (1) of Subsection
  57-23  (a) of this section> as minimum evidence that an applicant is
  57-24  qualified to be examined for a certificate as a certified social
  57-25  worker.
  57-26        SECTION 4.11.  Section 50.016, Human Resources Code, is
  57-27  amended to read as follows:
   58-1        Sec. 50.016.  Social Worker.  The board  <(a)  Until December
   58-2  31, 1985, the department> shall consider <the following as minimum
   58-3  evidence that an applicant is qualified to be examined for a
   58-4  certificate as a social worker:>
   58-5              <(1)>  a baccalaureate degree in social work from an
   58-6  educational program approved by the board <department;>
   58-7              <(2)  a baccalaureate degree not in social work from an
   58-8  educational institution approved by the department and the
   58-9  successful completion of five years' actual and active social work
  58-10  experience approved by the department;>
  58-11              <(3)  an associate degree from an educational
  58-12  institution approved by the department and the successful
  58-13  completion of 10 years' actual and active social work experience
  58-14  approved by the department; or>
  58-15              <(4)  a high school diploma or its substantial
  58-16  equivalent as determined by the department and the successful
  58-17  completion of 15 years' actual and active social work experience
  58-18  approved by the department.>
  58-19        <(b)  After December 31, 1985, the department shall consider
  58-20  only the qualifications prescribed by Subdivision (1) of Subsection
  58-21  (a) of this section> as minimum evidence that an applicant is
  58-22  qualified to be examined for a certificate as a social worker.
  58-23        SECTION 4.12.  Section 50.017, Human Resources Code, is
  58-24  amended to read as follows:
  58-25        Sec. 50.017.  Social Work Associate.  <(a)>  The board
  58-26  <department> shall consider the following as minimum evidence that
  58-27  an applicant is qualified to be examined for a certificate as a
   59-1  social work associate:
   59-2              (1)  a baccalaureate degree from an accredited
   59-3  educational institution and the additional satisfactory completion
   59-4  of a specified number of years of actual and active social work
   59-5  experience approved by the board <department>;
   59-6              (2)  an associate of arts degree from an accredited
   59-7  educational institution and the additional satisfactory completion
   59-8  of a specified number of years of actual and active social work
   59-9  experience approved by the board <department>; or
  59-10              (3)  a high school diploma or its substantial
  59-11  equivalent as determined by the board <department> and the
  59-12  satisfactory completion of a specified number of years of actual
  59-13  and active social work experience approved by the board
  59-14  <department>.
  59-15        SECTION 4.13.  Section 50.018, Human Resources Code, is
  59-16  amended to read as follows:
  59-17        Sec. 50.018.  Experience Evaluation.  In determining the
  59-18  credibility and acceptability of an applicant's professional or
  59-19  technical experience or competence, the board <department> may
  59-20  require documentary evidence of the quality, scope, and nature of
  59-21  the experience and competence as necessary to ensure public safety,
  59-22  health, and welfare.
  59-23        SECTION 4.14.  Section 50.020(a), Human Resources Code, is
  59-24  amended to read as follows:
  59-25        (a)  The board <department> shall establish procedures for
  59-26  the recognition of persons qualified for the private, independent
  59-27  practice of social work and publish or cause to be published a
   60-1  roster of qualified persons.  Minimum qualifications for
   60-2  recognition shall include:
   60-3              (1)  certification as a certified social worker under
   60-4  this chapter; or
   60-5              (2)  a number of years of acceptable social work
   60-6  experience as determined by the board <department>.
   60-7        SECTION 4.15.  Section 50.021, Human Resources Code, is
   60-8  amended to read as follows:
   60-9        Sec. 50.021.  Revocation and Suspension.  (a)  The board
  60-10  shall revoke or suspend <department may refuse to issue or to
  60-11  renew> a certificate or order of recognition, <may> place on
  60-12  probation a person whose certificate or order of recognition has
  60-13  been suspended, or <may> reprimand a person with a certificate or
  60-14  order of recognition<, or may revoke or suspend a certificate or
  60-15  order of recognition issued under this chapter> for any of the
  60-16  following reasons:
  60-17              (1)  violating a provision of this chapter or a rule of
  60-18  the board <department>;
  60-19              (2)  circumventing or attempting to circumvent this
  60-20  chapter or a rule of the board <department>;
  60-21              (3)  participating, directly or indirectly, in a plan,
  60-22  scheme, or arrangement attempting or having as its purpose the
  60-23  evasion of this chapter or a rule of the board <department>;
  60-24              (4)  engaging in unethical conduct;
  60-25              (5)  engaging in conduct which discredits or tends to
  60-26  discredit the profession of social work;
  60-27              (6)  performing an act, allowing an omission, or making
   61-1  an assertion or representation that is fraudulent, deceitful, or
   61-2  misleading or that in any manner tends to create a misleading
   61-3  impression;
   61-4              (7)  knowingly associating with or permitting or
   61-5  allowing the use of any certified person's professional services or
   61-6  professional identification in a project or enterprise that the
   61-7  person knows or with the exercise of reasonable diligence should
   61-8  know is a practice that violates this chapter or a rule of the
   61-9  board <department> pertaining to the practice of social work;
  61-10              (8)  knowingly associating with or permitting the use
  61-11  of a certified person's name, professional services, professional
  61-12  identification, or endorsement in connection with a venture or
  61-13  enterprise that the person knows or with the exercise of reasonable
  61-14  diligence should know is a trade, business, or professional
  61-15  practice of a fraudulent, deceitful, misleading, or dishonest
  61-16  nature;
  61-17              (9)  revealing, directly or indirectly, or causing to
  61-18  be revealed a confidential communication transmitted to the
  61-19  certified person by a client or recipient of his services except as
  61-20  may be required by law;
  61-21              (10)  having a certificate or a license to practice
  61-22  social work in another jurisdiction denied, suspended, or revoked
  61-23  for reasons or causes the board <department> finds would constitute
  61-24  a violation of this chapter or a rule pertaining to the practice of
  61-25  social work adopted by the board <department>;
  61-26              (11)  having been convicted of a felony in an American
  61-27  jurisdiction; or
   62-1              (12)  refusing to do or perform any act or service for
   62-2  which the person is certified under this chapter solely on the
   62-3  basis of the recipient's age, sex, race, religion, national origin,
   62-4  color, or political affiliation.
   62-5        (b)  If a certificate or order of recognition suspension is
   62-6  probated, the board may require the probationer to:
   62-7              (1)  report regularly to the board on matters that are
   62-8  the basis of the probation;
   62-9              (2)  limit practice to the areas prescribed by the
  62-10  board; or
  62-11              (3)  continue or review continuing professional
  62-12  education until the probationer attains a degree of skill
  62-13  satisfactory to the board in those areas that are the basis of the
  62-14  probation.
  62-15        SECTION 4.16.  Section 50.022, Human Resources Code, is
  62-16  amended to read as follows:
  62-17        Sec. 50.022.  Disciplinary Proceedings.  (a)  A proceeding
  62-18  under Section 50.021 <of this chapter> begins when a charge is
  62-19  filed with the board <department> in writing and under oath.  The
  62-20  charge may be made by any person.
  62-21        (b)  A person is entitled to notice and a hearing before the
  62-22  State Office of Administrative Hearings before a sanction is
  62-23  imposed under Section 50.021
  62-24        <(c)  The department may rule that the order revoking or
  62-25  suspending a  certificate or order of recognition be probated so
  62-26  long as the probationer conforms to the orders and rules that the
  62-27  department sets out as the terms of probation.  The department, at
   63-1  the time of probation, shall set out the period of time that
   63-2  constitutes the probationary period.  The department may at any
   63-3  time while the probationer remains on probation hold a hearing and
   63-4  on majority vote rescind the probation and enforce the department's
   63-5  original action in revoking or suspending the certificate or order
   63-6  of recognition.>
   63-7        <(d)  The department shall provide for notice and an
   63-8  opportunity to appeal from disciplinary proceedings>.  Disciplinary
   63-9  proceedings and the appeals from the proceedings are governed by
  63-10  the Administrative Procedure and Texas Register Act, as amended
  63-11  (Article 6252-13a, Vernon's Texas Civil Statutes).  The board by
  63-12  rule shall adopt a broad schedule of sanctions for violations under
  63-13  this chapter.  The State Office of Administrative Hearings shall
  63-14  use the schedule for any sanction imposed as the result of a
  63-15  hearing conducted by that office.
  63-16        <(e)  The department shall keep an information file on each
  63-17  complaint or charge filed.  During the consideration of a charge
  63-18  filed under this section and until the charge is finally resolved,
  63-19  all parties shall be informed monthly in writing as to the status
  63-20  of the complaint.>
  63-21        SECTION 4.17.  Chapter 50, Human Resources Code, is amended
  63-22  by adding Sections 50.0221, 50.0222, 50.0223, and 50.0224 to read
  63-23  as follows:
  63-24        Sec. 50.0221.  COMPLAINT PROCEDURE IN GENERAL.  (a)  The
  63-25  board shall keep an information file about each complaint filed
  63-26  with the board.  The board's information file shall be kept current
  63-27  and contain a record for each complaint of:
   64-1              (1)  all persons contacted in relation to the
   64-2  complaint;
   64-3              (2)  a summary of findings made at each step of the
   64-4  complaint process;
   64-5              (3)  an explanation of the legal basis and reason for a
   64-6  complaint that is dismissed; and
   64-7              (4)  other relevant information.
   64-8        (b)  If a written complaint is filed with the board that the
   64-9  board has authority to resolve, the board, at least as frequently
  64-10  as quarterly and until final disposition of the complaint, shall
  64-11  notify the parties to the complaint of the status of the complaint
  64-12  unless the notice would jeopardize an undercover investigation.
  64-13        (c)  The board by rule shall adopt a form to standardize
  64-14  information concerning complaints made to the board.  The board by
  64-15  rule shall prescribe information to be provided to a person when
  64-16  the person files a complaint with the board.
  64-17        (d)  The board shall provide reasonable assistance to a
  64-18  person who wishes to file a complaint with the board.
  64-19        Sec. 50.0222.  COMPLAINT INVESTIGATION AND DISPOSITION.  (a)
  64-20  The board shall adopt rules concerning the investigation of a
  64-21  complaint filed with the board.  The rules adopted under this
  64-22  subsection shall:
  64-23              (1)  distinguish between categories of complaints;
  64-24              (2)  ensure that complaints are not dismissed without
  64-25  appropriate consideration;
  64-26              (3)  require that the board be advised of a complaint
  64-27  that is dismissed and that a letter be sent to the person who filed
   65-1  the complaint explaining the action taken on the dismissed
   65-2  complaint;
   65-3              (4)  ensure that the person who filed the complaint has
   65-4  an opportunity to explain the allegations made in the complaint;
   65-5  and
   65-6              (5)  prescribe guidelines concerning the categories of
   65-7  complaints that require the use of a private investigator and the
   65-8  procedures for the board to obtain the services of a private
   65-9  investigator.
  65-10        (b)  The board shall dispose of all complaints in a timely
  65-11  manner.  The board shall establish a schedule for conducting each
  65-12  phase of a complaint that is under the control of the board not
  65-13  later than the 30th day after the date the complaint is received by
  65-14  the board.  The schedule shall be kept in the information file for
  65-15  the complaint and all parties shall be notified of the projected
  65-16  time requirements for pursuing the complaint.  A change in the
  65-17  schedule must be noted in the complaint information file and all
  65-18  parties to the complaint must be notified not later than the
  65-19  seventh day after the date the change is made.
  65-20        (c)  The executive director of the board shall notify the
  65-21  board of a complaint that extends beyond the time prescribed by the
  65-22  board for resolving the complaint so that the board may take
  65-23  necessary action on the complaint.
  65-24        Sec. 50.0223.  INFORMAL PROCEEDINGS.  (a)  The board by rule
  65-25  shall adopt procedures governing:
  65-26              (1)  informal disposition of a contested case under
  65-27  Section 13(e), Administrative Procedure and Texas Register Act
   66-1  (Article 6252-13a, Vernon's Texas Civil Statutes); and
   66-2              (2)  informal proceedings held in compliance with
   66-3  Section 18(c), Administrative Procedure and Texas Register Act
   66-4  (Article 6252-13a, Vernon's Texas Civil Statutes).
   66-5        (b)  Rules adopted under this section must provide the
   66-6  complainant and the certificate or order of recognition holder an
   66-7  opportunity to be heard and must require the presence of a
   66-8  representative of the office of the attorney general to advise the
   66-9  board or board's employees.
  66-10        Sec. 50.0224.  MONITORING OF CERTIFICATE OR ORDER OF
  66-11  RECOGNITION HOLDER.  The board by rule shall develop a system for
  66-12  monitoring certificate or order of recognition holders' compliance
  66-13  with the requirements of this Act.  Rules adopted under this
  66-14  section shall include procedures for monitoring a certificate or
  66-15  order of recognition holder who is ordered by the board to perform
  66-16  certain acts to ascertain that the certificate or order of
  66-17  recognition holder performs the required acts and to identify and
  66-18  monitor certificate or order of recognition holders who represent a
  66-19  risk to the public.
  66-20        SECTION 4.18.  Section 50.023, Human Resources Code, is
  66-21  amended to read as follows:
  66-22        Sec. 50.023.  Expiration and Renewal.  (a)  The board
  66-23  <department> by rule shall adopt a system under which certificates
  66-24  or orders of recognition issued under this chapter expire on
  66-25  various dates during the year, and the dates for renewal shall be
  66-26  adjusted accordingly.  A person may renew an expired <On renewal of
  66-27  the> certificate or order of recognition by paying to the board
   67-1  before <or on> the expiration date of the certificate or order the
   67-2  required<, the total> renewal fee <is payable>.
   67-3        (b)  Not later than 30 days before the expiration date, the
   67-4  board <department> shall notify in writing each person certified of
   67-5  the date of the expiration of a certificate or order of recognition
   67-6  issued to the person at the person's last known address according
   67-7  to the records of the board <him, the amount of the fee for
   67-8  renewal, and the continuing education provisions that are required
   67-9  for its renewal for one year.  The department shall attempt to
  67-10  obtain from the person a signed receipt confirming receipt of the
  67-11  notice>.
  67-12        (c)  If a person's certificate or order of recognition has
  67-13  been expired for <not longer than> 90 days or less, the person may
  67-14  renew the certificate or order of recognition by paying to the
  67-15  board <department> the required renewal fee and a fee that is
  67-16  one-half of the examination fee for the certificate.
  67-17        (d)  If a person's certificate or order of recognition has
  67-18  been expired for longer than 90 days but less than one year <two
  67-19  years>, the person may renew the certificate or order of
  67-20  recognition by paying to the board <department> all unpaid renewal
  67-21  fees and a fee that is equal to the examination fee for the
  67-22  certificate.
  67-23        (e)  If a person's certificate or order of recognition has
  67-24  been expired for one year <two years> or longer, the person may not
  67-25  renew the certificate or order of recognition.  The person may
  67-26  obtain a new certificate or order of recognition by submitting to
  67-27  reexamination, if an examination was originally required, and
   68-1  complying with the requirements and procedures for obtaining an
   68-2  original certificate or order of recognition.  However, the board
   68-3  may renew without reexamination an expired certificate or order of
   68-4  recognition of a person who was certified in this state, moved to
   68-5  another state, and is currently certified and has been in practice
   68-6  in the other state for the two years preceding application.  The
   68-7  person must pay to the board a fee that is equal to the examination
   68-8  fee for the certificate or order of recognition.
   68-9        SECTION 4.19.  Section 50.024, Human Resources Code, is
  68-10  amended to read as follows:
  68-11        Sec. 50.024.  BOARD <DEPARTMENT> REGULATION.  (a)  The board
  68-12  <department> may establish, within the scope of social work and
  68-13  this chapter, specifically designed areas of specialty work service
  68-14  or practice for those persons certified and in good standing as
  68-15  certified social workers or social workers.  The basis for board
  68-16  <department> action in establishing a social work specialty shall
  68-17  be founded in the public interest and necessity and for the purpose
  68-18  of practicing, aiding, and assisting the public in identifying
  68-19  those persons in the professions qualified to practice or perform
  68-20  specialty services.
  68-21        (b)  In establishing a specialty service or practice, the
  68-22  board <department> shall define the scope of the specialty,
  68-23  establish standards of special qualifications for the specialty
  68-24  workers or practitioners that will accurately and truly describe
  68-25  the parameters of the specialty and the use of which will be
  68-26  prohibited to those who have not satisfied the board <department's>
  68-27  requirements for qualification in the specialty, adopt rules of
   69-1  conduct for specialty practitioners that will ensure strict
   69-2  compliance with and enforcement of this chapter, and adopt rules
   69-3  for suspending or revoking the order of recognition in the
   69-4  specialty.
   69-5        (c)  A specialty may not be authorized for the private
   69-6  practice of social work except for those persons certified as
   69-7  certified social workers under this chapter meeting the minimum
   69-8  number of years of actual and active social work practice as
   69-9  determined by the board <department>.  However, the board
  69-10  <department> may not establish any specialty or specialty
  69-11  identification in conflict with any licensing law of this state.
  69-12        SECTION 4.20.  Section 50.025, Human Resources Code, is
  69-13  amended to read as follows:
  69-14        Sec. 50.025.  Limitations.  After the effective date of an
  69-15  order of the board <department> establishing areas of specialty
  69-16  service or practice, a certified social worker or social worker may
  69-17  not make use of a specialty professional identification or title
  69-18  designated by the board <department> until the person has qualified
  69-19  and been recognized by the board <department> as worthy of the
  69-20  public trust in performing services within the scope of the
  69-21  specialty.
  69-22        SECTION 4.21.  Section 50.026, Human Resources Code, is
  69-23  amended to read as follows:
  69-24        Sec. 50.026.  Recognition Order.  After a certified social
  69-25  worker or social worker has met all requirements of the board
  69-26  <department> for recognition in a specialty established by the
  69-27  board <department>, the board <department> shall recognize the
   70-1  person as so qualified.  The recognition shall be evidenced by an
   70-2  order of recognition of specialty of a name, design, and content as
   70-3  the board <department> shall determine, setting forth the full name
   70-4  of the person, official specialty serial number, the signature of
   70-5  the presiding officer <commissioner and the chairman> of the board
   70-6  <council>, and the board's <department's> official seal.  Issue of
   70-7  the order of recognition of specialty shall be evidence that the
   70-8  person to whom it is issued has been recognized by this state as a
   70-9  specialty social work practitioner under the name or title
  70-10  designated by the board <department>.
  70-11        SECTION 4.22.  Section 50.027, Human Resources Code, is
  70-12  amended to read as follows:
  70-13        Sec. 50.027.  Expiration.  The board <department> by rule
  70-14  shall adopt a system under which orders of recognition of specialty
  70-15  practice expire on various dates during the year, and the dates for
  70-16  renewal shall be adjusted accordingly.  On renewal of the specialty
  70-17  order of recognition on the expiration date, the total specialty
  70-18  order of recognition renewal fee is payable.
  70-19        SECTION 4.23.  Section 50.028, Human Resources Code, is
  70-20  amended to read as follows:
  70-21        Sec. 50.028.  Violations.  A person who violates this chapter
  70-22  or a rule of the board <department> pertaining to the practice of
  70-23  social work is subject to a civil penalty of not less than $50 nor
  70-24  more than $500 for each day of violation.
  70-25        SECTION 4.24.  Section 50.029, Human Resources Code, is
  70-26  amended to read as follows:
  70-27        Sec. 50.029.  INJUNCTIVE RELIEF <ENFORCEMENT>.  (a)  When it
   71-1  appears that a person has violated or is violating or is
   71-2  threatening to violate this chapter or a rule or order of the board
   71-3  <department> pertaining to social work, the board <department> may
   71-4  cause a civil suit to be instituted in a district court for
   71-5  injunctive relief to restrain the continued violation or threat of
   71-6  violation or for the assessment and recovery of the civil penalty,
   71-7  as the court may consider proper, or for both injunctive relief and
   71-8  civil penalty.  On application for injunctive relief and a finding
   71-9  that a person is violating or threatening to violate this chapter
  71-10  or a rule, variance, or order of the board <department>, the
  71-11  district court may grant the injunctive relief that the facts
  71-12  warrant.
  71-13        (b)  At the request of the board <department>, the attorney
  71-14  general shall institute and conduct a suit in the name of this
  71-15  state for injunctive relief or to recover the civil penalty or for
  71-16  both injunctive relief and penalty, as authorized in Subsection (a)
  71-17  <of this section>.
  71-18        SECTION 4.25.  Section 50.031, Human Resources Code, is
  71-19  amended to read as follows:
  71-20        Sec. 50.031.  Grants.  The board may <department is hereby
  71-21  empowered and authorized to> take all action necessary to qualify
  71-22  for, accept, and receive funds or grants made available by the
  71-23  United States or an agency of the United States, by this state or
  71-24  any agency of this state, or by a private foundation or other
  71-25  source for the establishment and maintenance of programs of
  71-26  continuing education.
  71-27        SECTION 4.26.  Section 50.032, Human Resources Code, is
   72-1  amended to read as follows:
   72-2        Sec. 50.032.  Reciprocity.  (a)  The board <department> may,
   72-3  on application and payment of the appropriate fee, grant a
   72-4  provisional certificate to a <certify as a certified social
   72-5  worker,> social worker<,> or social work associate <a person> who
   72-6  is appropriately certified or licensed by another state, territory,
   72-7  or possession of the United States if the requirements of that
   72-8  state, territory, or possession for the certificate or license are
   72-9  the substantial equivalent of the requirements of this chapter as
  72-10  determined by the board <department>.  An applicant for a
  72-11  provisional certificate under this section must:
  72-12              (1)  be licensed in good standing as a social worker or
  72-13  social work associate in another state, the District of Columbia,
  72-14  or a territory of the United States that has certification
  72-15  requirements that are substantially equivalent to the requirements
  72-16  of this chapter;
  72-17              (2)  have passed a national or other examination
  72-18  recognized by the board relating to social work; and
  72-19              (3)  be sponsored by a person certified by the board
  72-20  under this chapter with whom the provisional certificate holder may
  72-21  practice under this section.
  72-22        (b)  An applicant for a provisional certificate may be
  72-23  excused from the requirement of Subsection (a)(3) if the board
  72-24  determines that compliance with that subsection constitutes a
  72-25  hardship to the applicant.
  72-26        (c)  A provisional certificate is valid until the date the
  72-27  board approves or denies the provisional certificate holder's
   73-1  application for a certificate.  The board shall issue a certificate
   73-2  under this chapter to the holder of a provisional certificate under
   73-3  this section if:
   73-4              (1)  the provisional certificate holder passes the
   73-5  examination required by Section 50.014;
   73-6              (2)  the board verifies that the provisional
   73-7  certificate holder has the academic and experience requirements for
   73-8  a certificate under this chapter; and
   73-9              (3)  the provisional certificate holder satisfies any
  73-10  other certificate requirements under this chapter.
  73-11        (d)  The board must complete the processing of a provisional
  73-12  certificate holder's application for a certificate not later than
  73-13  the 180th day after the date the provisional certificate is issued.
  73-14        (e) <(b)>  The board <department> may waive any certification
  73-15  requirement for an applicant with a valid certificate or license
  73-16  from another state with which the State of Texas has a reciprocity
  73-17  agreement.
  73-18        SECTION 4.27.  Section 50.034, Human Resources Code, is
  73-19  amended to read as follows:
  73-20        Sec. 50.034.  Continuing Education.  (a)  The board by rule
  73-21  shall establish <department may recognize, prepare, or administer>
  73-22  mandatory continuing education programs for certified social
  73-23  workers, social workers, and social work associates certified under
  73-24  this chapter<.  Participation in the programs is voluntary>.
  73-25        (b)  The board by rule shall establish a minimum number of
  73-26  hours of continuing education required to renew a certificate or
  73-27  order of recognition under this chapter.  The board may assess the
   74-1  continuing education needs of certificate or order of recognition
   74-2  holders and may require certificate or order of recognition holders
   74-3  to attend continuing education courses specified by the board.  The
   74-4  board by rule shall develop a process to evaluate and approve
   74-5  continuing education courses.
   74-6        (c)  The board shall identify the key factors for the
   74-7  competent performance by a certificate or order of recognition
   74-8  holder of the certificate or order of recognition holder's
   74-9  professional duties.  The board shall adopt a procedure to assess a
  74-10  certificate or order of recognition holder's participation in
  74-11  continuing education programs.
  74-12              ARTICLE 5.  MARRIAGE AND FAMILY THERAPISTS
  74-13        SECTION 5.01.  Section 2, Licensed Marriage and Family
  74-14  Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
  74-15  amended to read as follows:
  74-16        Sec. 2.  Definitions.  In this Act:
  74-17              (1)  "Board" means the Texas <State> Board of Examiners
  74-18  of Mental Health Professionals <Marriage and Family Therapists>.
  74-19              (2)  <"Board of health" means the Texas Board of
  74-20  Health.>
  74-21              <(3)  "Department" means the Texas Department of
  74-22  Health.>
  74-23              <(4)>  "Licensed marriage and family therapist" means
  74-24  an individual who offers to provide marriage and family therapy for
  74-25  compensation.
  74-26              (3) <(5)>  "Marriage and family therapy" means the
  74-27  rendering of professional therapy services to individuals,
   75-1  families, or married couples, singly or in groups, and involves the
   75-2  professional application of family systems theories and techniques
   75-3  in the delivery of therapy services to those persons.  The term
   75-4  includes the evaluation and remediation of cognitive, affective,
   75-5  behavioral, or relational dysfunction within the context of
   75-6  marriage or family systems.
   75-7        SECTION 5.02.  Section 11, Licensed Marriage and Family
   75-8  Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
   75-9  amended to read as follows:
  75-10        Sec. 11.  <PUBLIC INTEREST INFORMATION AND> COMPLAINTS.  (a)
  75-11  <The board shall prepare information of public interest describing
  75-12  the functions of the board and the procedures by which complaints
  75-13  are filed with and resolved by the board.  The board shall make the
  75-14  information available to the public and appropriate state agencies.>
  75-15        <(b)>  The board shall keep an information file about each
  75-16  complaint filed with the board.  The board's information file shall
  75-17  be kept current and contain a record for each complaint of:
  75-18              (1)  all persons contacted in relation to the
  75-19  complaint;
  75-20              (2)  a summary of findings made at each step of the
  75-21  complaint process;
  75-22              (3)  an explanation of the legal basis and reason for a
  75-23  complaint that is dismissed; and
  75-24              (4)  other relevant information <that the board has
  75-25  authority to resolve>.
  75-26        (b)  If a written complaint is filed with the board that the
  75-27  board has authority to resolve, the board, at least quarterly and
   76-1  until final disposition of the complaint, shall notify the parties
   76-2  to the complaint of the status of the complaint unless notice would
   76-3  jeopardize an undercover investigation.
   76-4        (c)  The board by rule shall adopt a form to standardize
   76-5  information concerning complaints made to the board.  The board by
   76-6  rule shall prescribe information to be provided to a person when
   76-7  the person files a complaint with the board.
   76-8        (d)  The board shall provide reasonable assistance to a
   76-9  person who wishes to file a complaint with the board <shall develop
  76-10  and implement policies that provide the public with a reasonable
  76-11  opportunity to appear before the board and to speak on any issue
  76-12  under the jurisdiction of the board>.
  76-13        SECTION 5.03.  The Licensed Marriage and Family Therapist Act
  76-14  (Article 4512c-1, Vernon's Texas Civil Statutes) is amended by
  76-15  adding Sections 11A, 11B, and 11C to read as follows:
  76-16        Sec. 11A.  COMPLAINT INVESTIGATION AND DISPOSITION.  (a)  The
  76-17  board shall adopt rules concerning the investigation of a complaint
  76-18  filed with the board.  The rules adopted under this subsection
  76-19  shall:
  76-20              (1)  distinguish between categories of complaints;
  76-21              (2)  ensure that complaints are not dismissed without
  76-22  appropriate consideration;
  76-23              (3)  require that the board be advised of a complaint
  76-24  that is dismissed and that a letter be sent to the person who filed
  76-25  the complaint explaining the action taken on the dismissed
  76-26  complaint;
  76-27              (4)  ensure that the person who filed the complaint has
   77-1  an opportunity to explain the allegations made in the complaint;
   77-2  and
   77-3              (5)  prescribe guidelines concerning the categories of
   77-4  complaints that require the use of a private investigator and the
   77-5  procedures for the board to obtain the services of a private
   77-6  investigator.
   77-7        (b)  The board shall dispose of all complaints in a timely
   77-8  manner.  The board shall establish a schedule for conducting each
   77-9  phase of a complaint that is under the control of the board not
  77-10  later than the 30th day after the date the complaint is received by
  77-11  the board.  The schedule shall be kept in the information file for
  77-12  the complaint and all parties shall be notified of the projected
  77-13  time requirements for pursuing the complaint.  A change in the
  77-14  schedule must be noted in the complaint information file and all
  77-15  parties to the complaint must be notified not later than the
  77-16  seventh day after the date the change is made.
  77-17        (c)  The executive director of the board shall notify the
  77-18  board of a complaint that extends beyond the time prescribed by the
  77-19  board for resolving the complaint so that the board may take
  77-20  necessary action on the complaint.
  77-21        Sec. 11B.  INFORMAL PROCEEDINGS.  (a)  The board by rule
  77-22  shall adopt procedures governing:
  77-23              (1)  informal disposition of a contested case under
  77-24  Section 13(e), Administrative Procedure and Texas Register Act
  77-25  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
  77-26  subsequent amendments; and
  77-27              (2)  informal proceedings held in compliance with
   78-1  Section 18(c), Administrative Procedure and Texas Register Act
   78-2  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
   78-3  subsequent amendments.
   78-4        (b)  Rules adopted under this section must provide the
   78-5  complainant and the license holder an opportunity to be heard and
   78-6  must require the presence of a representative of the office of the
   78-7  attorney general to advise the board or board's employees.
   78-8        Sec. 11C.  MONITORING OF LICENSE HOLDER.  The board by rule
   78-9  shall develop a system for monitoring license holders' compliance
  78-10  with the requirements of this Act.  Rules adopted under this
  78-11  section shall include procedures for monitoring a license holder
  78-12  who is ordered by the board to perform certain acts to ascertain
  78-13  that the license holder performs the required acts and to identify
  78-14  and monitor license holders who represent a risk to the public.
  78-15        SECTION 5.04.  Section 12, Licensed Marriage and Family
  78-16  Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
  78-17  amended to read as follows:
  78-18        Sec. 12.  Fees; fund.  (a)  The board <of health> shall by
  78-19  rule establish reasonable and necessary <set> fees so that the
  78-20  fees, in the aggregate, produce sufficient revenue to cover the
  78-21  cost of administering <for licenses, license renewals,
  78-22  examinations, and all other administrative expenses under> this
  78-23  Act.
  78-24        (b)  The fees set by the board may be adjusted so that the
  78-25  total fees collected are sufficient to meet the expenses of
  78-26  administering this Act.  The board may not set a fee for an amount
  78-27  less than the amount of that fee on September 1, 1993  <The board
   79-1  of health shall set the fees in amounts that are reasonable and
   79-2  necessary to cover administrative costs>.
   79-3        (c)  The marriage and family therapists licensing account is
   79-4  created in the General Revenue Fund and may be used only by the
   79-5  board <of health and the department> in the administration of this
   79-6  Act.  All money paid to <Fees received by> the board <of health>
   79-7  under this Act shall be deposited in the General Revenue Fund to
   79-8  the credit of the account.
   79-9        <(d)  The salaries and reimbursements paid by the department
  79-10  shall be comparable to those prescribed in the General
  79-11  Appropriations Act for persons holding comparable positions.  The
  79-12  general rules of the General Appropriations Act apply to the
  79-13  expenditure of funds under this section.  The board of health and
  79-14  department may apply the funds covered by this section to replenish
  79-15  other budget items to the extent that funds were directed from
  79-16  those items to facilitate licensing marriage and family therapists
  79-17  before fees were available to do so.>
  79-18        SECTION 5.05.  Section 13, Licensed Marriage and Family
  79-19  Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
  79-20  amended to read as follows:
  79-21        Sec. 13.  General powers and duties of board.  (a)  <The
  79-22  board may adopt rules for its own procedures.>
  79-23        <(b)>  The board shall adopt <propose> rules relating to
  79-24  licensing requirements for marriage and family therapists <for
  79-25  consideration by the board of health>.
  79-26        (b)  The <(c)  Based on rules adopted by the board of health,
  79-27  the> board by rule shall determine the qualifications and fitness
   80-1  of applicants for licenses under this Act.
   80-2        (c) <(d)>  The board shall adopt a code of professional
   80-3  ethics for persons licensed under this Act.
   80-4        <(e)  On or before February 1 of each year, the board shall
   80-5  present a written report to the governor and the presiding officer
   80-6  of each house of the legislature that describes the activities of
   80-7  the board and details the disposition of all funds received and
   80-8  disbursed by the board during the preceding year.>
   80-9        SECTION 5.06.  Sections 19(a), (b), and (d), Licensed
  80-10  Marriage and Family Therapist Act (Article 4512c-1, Vernon's Texas
  80-11  Civil Statutes), are amended to read as follows:
  80-12        (a)  Unless exempted from the examination requirement under
  80-13  Section 30 of this Act or by a determination of the board based on
  80-14  the applicant's education and professional experience, each
  80-15  applicant for a license under this Act must pass an examination
  80-16  prescribed by the board.  The board shall have the written portion
  80-17  of the examination, if any, validated by an independent testing
  80-18  professional <and approved by the commissioner of health>.  The
  80-19  examination may be composed of:
  80-20              (1)  a written examination;
  80-21              (2)  a field examination, through questionnaires
  80-22  answered by the applicant's instructors, employers, supervisors, or
  80-23  other persons who are competent in the judgment of the board to
  80-24  assess the applicant's professional ability, and that may include
  80-25  written case studies and taped interviews;
  80-26              (3)  an oral examination; or
  80-27              (4)  any combination of those examinations.
   81-1        (b)  An applicant shall apply to take the examination on a
   81-2  form prescribed by the board.  The examination application must be
   81-3  accompanied by the examination fee set by the board <of health>.
   81-4        (d)  Not later than the 30th day after the day on which a
   81-5  licensing examination is administered under this Act  <Unless the
   81-6  examination is graded or reviewed by a national testing service>,
   81-7  the board shall notify each examinee of the results of the
   81-8  examination <not later than 30 days after the examination date>.
   81-9  However, if  <If> the examination is <so> graded or reviewed by a
  81-10  national testing service, the board shall notify each examinee of
  81-11  the results not later than the 14th day <15 days> after the date on
  81-12  which the board receives the results from the national testing
  81-13  service.  If the notice of examination results graded or reviewed
  81-14  by a national testing service will be delayed for more than 90 days
  81-15  after the examination date, the board shall notify each examinee of
  81-16  the reason for the delay before <not later than> the 90th day
  81-17  <after the examination date>.
  81-18        SECTION 5.07.  Section 20, Licensed Marriage and Family
  81-19  Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
  81-20  amended by adding Subsection (c) to read as follows:
  81-21        (c)  The board by rule may provide for the issuance of a
  81-22  temporary license.  Rules adopted under this subsection shall
  81-23  include a time limit for a temporary license.
  81-24        SECTION 5.08.  Section 21, Licensed Marriage and Family
  81-25  Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
  81-26  amended to read as follows:
  81-27        Sec. 21.  License renewal.  (a)  A license issued under this
   82-1  Act is subject to annual renewal.  The board shall adopt a system
   82-2  under which licenses expire on various dates during the year.
   82-3        (b)  A license holder may renew an unexpired license by
   82-4  paying to the board <the renewal fee> before the expiration date of
   82-5  the license the required renewal fee.
   82-6        (c)  If a person's license has been expired for <less than>
   82-7  90 days or less, the person may renew the license by paying to the
   82-8  board the required renewal fee and a fee that is one-half of the
   82-9  examination fee for the license <the unpaid renewal fees plus a
  82-10  late renewal fee in an amount determined by the board>.
  82-11        (d)  If a person's license has been expired for longer than
  82-12  90 days but less than one year, the person may renew the license by
  82-13  paying to the board all unpaid renewal fees and a fee that is equal
  82-14  to the examination fee for the license.
  82-15        (e)  If the person's license has been expired for one year or
  82-16  longer <90 days or more>, the person may not renew the license.
  82-17  The person may obtain a new license by submitting to reexamination
  82-18  and complying with the requirements and procedures for obtaining an
  82-19  original license.  However, the board may renew without
  82-20  reexamination an expired license of a person who was licensed in
  82-21  this state, moved to another state, and is currently licensed and
  82-22  has been in practice in the other state for the two years preceding
  82-23  application.  The person must pay to the board a fee that is equal
  82-24  to the examination fee for the license.
  82-25        (f) <(e)>  The board shall notify each license holder in
  82-26  writing of the pending license expiration not later than the 30th
  82-27  day before the date on which the license expires.
   83-1        (g) <(f)>  The board shall establish a mandatory <may prepare
   83-2  or approve> continuing education program <programs> for license
   83-3  holders <and may require each license holder to participate in an
   83-4  approved continuing education program in order to renew a license
   83-5  issued under this Act>.
   83-6        (h)  The board by rule shall establish a minimum number of
   83-7  hours of continuing education required to renew a license under
   83-8  this Act.  The board may assess the continuing education needs of
   83-9  license holders and may require license holders to attend
  83-10  continuing education courses specified by the board.   The board by
  83-11  rule shall develop a process to evaluate and approve continuing
  83-12  education courses.
  83-13        (i)  The board shall identify the key factors for the
  83-14  competent performance by a license holder of the license holder's
  83-15  professional duties.  The board shall adopt a procedure to assess a
  83-16  license holder's participation in continuing education programs.
  83-17        SECTION 5.09.  Section 22, Licensed Marriage and Family
  83-18  Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
  83-19  amended to read as follows:
  83-20        Sec. 22.  PROVISIONAL LICENSE BY RECIPROCITY.  (a)  The board
  83-21  may grant a provisional license to a  <A> person who is licensed or
  83-22  otherwise registered as a marriage and family therapist by another
  83-23  state or other jurisdiction, whose requirements for licensing or
  83-24  registration were, on the date of the licensing or registration,
  83-25  substantially equal to those prescribed by this Act<, is entitled
  83-26  to a license without examination on submission of an application
  83-27  form and payment of an administrative fee>.  An applicant for a
   84-1  provisional license under this section must:
   84-2              (1)  be licensed in good standing as a marriage and
   84-3  family therapist in another state or jurisdiction that has
   84-4  licensing requirements that are substantially equivalent to the
   84-5  requirements of this Act;
   84-6              (2)  have passed a national or other examination
   84-7  recognized by the board relating to marriage and family therapy;
   84-8  and
   84-9              (3)  be sponsored by a person licensed by the board
  84-10  under this Act with whom the provisional license holder may
  84-11  practice under this section.
  84-12        (b)  An applicant for a provisional license may be excused
  84-13  from the requirement of Subsection (a)(3) of this section if the
  84-14  board determines that compliance with that subsection constitutes a
  84-15  hardship to the applicant.
  84-16        (c)  A provisional license is valid until the date the board
  84-17  approves or denies the provisional license holder's application for
  84-18  a license.  The board shall issue a license under this Act to the
  84-19  holder of a provisional license under this section if:
  84-20              (1)  the provisional license holder passes the
  84-21  examination required by Section 19 of this Act;
  84-22              (2)  the board verifies that the provisional license
  84-23  holder has the academic and experience requirements for a license
  84-24  under this Act; and
  84-25              (3)  the provisional license holder satisfies any other
  84-26  license requirements under this Act.
  84-27        (d)  The board must complete the processing of a provisional
   85-1  license holder's application for a license not later than the 180th
   85-2  day after the date the provisional license is issued.
   85-3        SECTION 5.10.  Section 25, Licensed Marriage and Family
   85-4  Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
   85-5  amended to read as follows:
   85-6        Sec. 25.  DENIAL, SUSPENSION, OR REVOCATION OF LICENSE; CIVIL
   85-7  PENALTY.  (a)  The  <After a hearing, the> board shall <may deny,>
   85-8  suspend<,> or revoke a license, place on probation a person whose
   85-9  license has been suspended, or reprimand <or otherwise discipline>
  85-10  a license holder if <the applicant for license or> the license
  85-11  holder has:
  85-12              (1)  been convicted of a felony or a misdemeanor
  85-13  involving moral turpitude;
  85-14              (2)  obtained or attempted to obtain registration by
  85-15  fraud or deception;
  85-16              (3)  used drugs or alcohol to an extent that affects
  85-17  professional competence;
  85-18              (4)  been grossly negligent in performing professional
  85-19  duties;
  85-20              (5)  been adjudicated mentally incompetent by a court
  85-21  of competent jurisdiction;
  85-22              (6)  practiced in a manner detrimental to the public
  85-23  health or welfare;
  85-24              (7)  advertised in a manner that tends to deceive or
  85-25  defraud the public;
  85-26              (8)  had a license or certification revoked by a
  85-27  licensing agency or by a certifying professional organization; or
   86-1              (9)  otherwise violated this Act or a rule or code of
   86-2  ethics adopted under this Act.
   86-3        (b)  A person who violates this Act or a rule adopted by the
   86-4  board under this Act is subject to a civil penalty of $1,000 for
   86-5  each day of violation.  At the request of the board, the attorney
   86-6  general shall bring an action to recover a civil penalty authorized
   86-7  under this subsection.
   86-8        (c)  If a license suspension is probated, the board may
   86-9  require the license holder to:
  86-10              (1)  report regularly to the board on matters that are
  86-11  the basis of the probation;
  86-12              (2)  limit practice to the areas prescribed by the
  86-13  board; or
  86-14              (3)  continue or review continuing professional
  86-15  education until the license holder attains a degree of skill
  86-16  satisfactory to the board in those areas that are the basis of the
  86-17  probation.
  86-18        (d)  A license holder is entitled to a hearing before the
  86-19  State Office of Administrative Hearings before a sanction is
  86-20  imposed under this section.
  86-21        (e)  The board by rule shall adopt a broad schedule of
  86-22  sanctions for violations under this Act.  The State Office of
  86-23  Administrative Hearings shall use the schedule for any sanction
  86-24  imposed as the result of a hearing conducted by that office.
  86-25        SECTION 5.11.  The Licensed Marriage and Family Therapist Act
  86-26  (Article 4512c-1, Vernon's Texas Civil Statutes) is amended by
  86-27  adding Section 25A to read as follows:
   87-1        Sec. 25A.  ADMINISTRATIVE PENALTY.  (a)  The board may assess
   87-2  an administrative penalty against a person who violates a provision
   87-3  of this Act or a rule adopted by the board under this Act as
   87-4  provided by this section.
   87-5        (b)  The penalty for each violation may be in an amount not
   87-6  to exceed $1,000.  Each day a violation continues or occurs may be
   87-7  considered a separate violation for purposes of penalty assessment.
   87-8        (c)  In determining the amount of the penalty, the executive
   87-9  director of the board shall consider:
  87-10              (1)  the seriousness of the violation, including the
  87-11  nature, circumstances, extent, and gravity of the prohibited acts
  87-12  and the hazard or potential hazard posed to the health or safety of
  87-13  the public;
  87-14              (2)  the economic damage to property or the environment
  87-15  caused by the violation;
  87-16              (3)  the history of previous violations;
  87-17              (4)  the amount necessary to deter future violations;
  87-18              (5)  efforts to correct the violation; and
  87-19              (6)  any other matter that justice may require.
  87-20        (d)  If, after investigation of a possible violation and the
  87-21  facts surrounding that possible violation, the executive director
  87-22  determines that a violation has occurred, the executive director
  87-23  may issue a violation report stating the facts on which the
  87-24  conclusion that a violation occurred is based, recommending that an
  87-25  administrative penalty under this section be imposed on the person
  87-26  charged and recommending the amount of that proposed penalty.  The
  87-27  executive director shall base the recommended amount of the
   88-1  proposed penalty on the seriousness of the violation determined by
   88-2  consideration of the factors set forth in Subsection (c) of this
   88-3  section.
   88-4        (e)  Not later than the 14th day after the date on which the
   88-5  report is issued, the executive director shall give written notice
   88-6  of the report to the person charged.  The notice shall include a
   88-7  brief summary of the charges, a statement of the amount of the
   88-8  penalty recommended, and a statement of the right of the person
   88-9  charged to a hearing on the occurrence of the violation or the
  88-10  amount of the penalty, or both the occurrence of the violation and
  88-11  the amount of the penalty.
  88-12        (f)  Not later than the 20th day after the date on which
  88-13  notice is received, the person charged may accept the determination
  88-14  of the executive director made under Subsection (d) of this
  88-15  section, including the recommended penalty, or make a written
  88-16  request for a hearing on the determination.
  88-17        (g)  If the person charged with the violation accepts the
  88-18  determination of the executive director, the board shall issue an
  88-19  order approving the determination and ordering the payment of the
  88-20  recommended penalty.
  88-21        (h)  If the person charged requests a hearing or fails to
  88-22  timely respond to the notice, the executive director shall set a
  88-23  hearing and give notice of the hearing.  The hearing shall be held
  88-24  by a hearing examiner designated by the board.  The hearing
  88-25  examiner shall make findings of fact and conclusions of law and
  88-26  promptly issue to the board a proposal for decision as to the
  88-27  occurrence of the violation, including a recommendation as to the
   89-1  amount of the proposed penalty if a penalty is warranted.  Based on
   89-2  the findings of fact, conclusions of law, and recommendations of
   89-3  the hearing examiner, the board by order may find a violation has
   89-4  occurred and may assess a penalty or may find that no violation has
   89-5  occurred.  All proceedings under this subsection are subject to the
   89-6  Administrative Procedure and Texas Register Act (Article 6252-13a,
   89-7  Vernon's Texas Civil Statutes) and its subsequent amendments.
   89-8        (i)  The executive director shall give notice of the board's
   89-9  order to the person charged.  The notice shall include:
  89-10              (1)  the findings of fact and conclusions of law
  89-11  separately stated;
  89-12              (2)  the amount of the penalty ordered, if any;
  89-13              (3)  a statement of the right of the person charged to
  89-14  judicial review of the board's order, if any; and
  89-15              (4)  other information required by law.
  89-16        (j)  Within the 30-day period immediately following the day
  89-17  on which the order becomes final as provided by Section 16(c),
  89-18  Administrative Procedure and Texas Register Act (Article 6252-13a,
  89-19  Vernon's Texas Civil Statutes), and its subsequent amendments, the
  89-20  person charged with the penalty shall:
  89-21              (1)  pay the penalty in full; or
  89-22              (2)  if the person files a petition for judicial review
  89-23  contesting either the amount of the penalty or the fact of the
  89-24  violation or contesting both the fact of the violation and the
  89-25  amount of the penalty:
  89-26                    (A)  forward the amount to the executive director
  89-27  for placement in an escrow account; or
   90-1                    (B)  in lieu of payment into escrow, post with
   90-2  the executive director a supersedeas bond in a form approved by the
   90-3  executive director for the amount of the penalty, the bond to be
   90-4  effective until all judicial review of the order or decision is
   90-5  final.
   90-6        (k)  If a person charged is financially unable to either
   90-7  forward the amount of the penalty for placement in an escrow
   90-8  account or post a supersedeas bond for the amount of the penalty,
   90-9  the person may satisfy the requirements of Subsection (j)(2) of
  90-10  this section by filing with the executive director an affidavit
  90-11  sworn by the person charged, stating that the person is financially
  90-12  unable to either forward the amount of the penalty or post a bond.
  90-13        (l)  Failure to forward the money to or to post the bond or
  90-14  file the affidavit with the executive director within the time
  90-15  provided by Subsection (j) of this section results in a waiver of
  90-16  all legal rights to judicial review.  Also, if the person charged
  90-17  fails to pay the penalty in full as provided under Subsection
  90-18  (j)(1) of this section or forward the money, post the bond, or file
  90-19  the affidavit as provided by Subsection (j) or (k) of this section,
  90-20  the executive director may forward the matter to the attorney
  90-21  general for enforcement.
  90-22        (m)  Judicial review of the order or decision of the board
  90-23  assessing the penalty shall be under the substantial evidence rule
  90-24  and shall be instituted by filing a petition with a district court
  90-25  in Travis County, as provided by Section 19, Administrative
  90-26  Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
  90-27  Civil Statutes), and its subsequent amendments.
   91-1        (n)  If the penalty is reduced or not assessed by the court,
   91-2  the executive director shall remit to the person charged the
   91-3  appropriate amount plus accrued interest if the penalty has been
   91-4  paid or shall execute a release of the bond if a supersedeas bond
   91-5  has been posted.  The accrued interest on amounts remitted by the
   91-6  executive director under this subsection shall be paid at a rate
   91-7  equal to the rate charged on loans to depository institutions by
   91-8  the New York Federal Reserve Bank and shall be paid for the period
   91-9  beginning on the date the penalty is paid to the executive director
  91-10  under Subsection (j) of this section and ending on the date the
  91-11  penalty is remitted.
  91-12        (o)  A penalty collected under this section for a violation
  91-13  by a person licensed under this Act shall be deposited in the
  91-14  general revenue fund.
  91-15        SECTION 5.12.  Section 26, Licensed Marriage and Family
  91-16  Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes), is
  91-17  amended to read as follows:
  91-18        Sec. 26.  Injunction.  The board <or department> may
  91-19  institute a suit to enjoin the violation of this Act.  The suit may
  91-20  be brought in Travis County, in the county of the defendant's
  91-21  residence, or in the county where any part of the violation
  91-22  occurred.  A suit brought under this section is in addition to any
  91-23  other action, proceeding, or remedy authorized by law.  The board
  91-24  <or department> shall be represented by the attorney general or the
  91-25  appropriate county or district attorney.
  91-26        SECTION 5.13.  The Licensed Marriage and Family Therapist Act
  91-27  (Article 4512c-1, Vernon's Texas Civil Statutes) is amended by
   92-1  adding Section 27A to read as follows:
   92-2        Sec. 27A.  COMPETITIVE BIDDING; ADVERTISING.  (a)  The board
   92-3  may not adopt rules restricting competitive bidding or advertising
   92-4  by a person regulated by the board except to prohibit false,
   92-5  misleading, or deceptive practices by the person.
   92-6        (b)  The board may not include in its rules to prohibit
   92-7  false, misleading, or deceptive practices by a person regulated by
   92-8  the board a rule that:
   92-9              (1)  restricts the use of any medium for advertising;
  92-10              (2)  restricts the person's personal appearance or use
  92-11  of the person's voice in an advertisement;
  92-12              (3)  relates to the size or duration of an
  92-13  advertisement by the person; or
  92-14              (4)  restricts the person's advertisement under a trade
  92-15  name.
  92-16      ARTICLE 6.  TRANSITION; REPEALER; EFFECTIVE DATE; EMERGENCY
  92-17        SECTION 6.01.  (a)  As soon as possible after the effective
  92-18  date of this Act, the governor shall appoint the initial members of
  92-19  the Texas Board of Examiners of Mental Health Professionals in
  92-20  accordance with Article 4512-2, Revised Statutes, as added by this
  92-21  Act.  In making the initial appointments, the governor shall
  92-22  designate members to serve terms as follows:
  92-23              (1)  one member licensed as a psychologist, one member
  92-24  certified as a psychological associate, one member licensed as a
  92-25  professional counselor, one member who is a regulated social
  92-26  worker, and one public member serve for terms expiring February 1,
  92-27  1995;
   93-1              (2)  one member licensed as a psychologist, one member
   93-2  who is a regulated social worker, one member licensed as a marriage
   93-3  and family therapist, and two public members serve for terms
   93-4  expiring February 1, 1997; and
   93-5              (3)  one member licensed as a professional counselor,
   93-6  one member certified as a psychological associate, one member
   93-7  licensed as a marriage and family therapist, and two public members
   93-8  serve for terms expiring February 1, 1999.
   93-9        (b)  The Texas Board of Examiners of Mental Health
  93-10  Professionals may not take any action and is not created until the
  93-11  day after the date that the last appointee to the initial board
  93-12  takes office.  On the date of its creation, the board assumes its
  93-13  functions and:
  93-14              (1)  the Texas State Board of Examiners of
  93-15  Psychologists, the Texas State Board of Examiners of Professional
  93-16  Counselors, the Council for Social Work Certification, and the
  93-17  Texas State Board of Examiners of Marriage and Family Therapists
  93-18  are abolished;
  93-19              (2)  the obligations, rights, contracts, records and
  93-20  other property, and personnel of, and unspent money appropriated to
  93-21  or for, the abolished boards and council are transferred to the
  93-22  Texas Board of Examiners of Mental Health Professionals;
  93-23              (3)  the rules of the abolished boards and council are
  93-24  continued in effect as rules of the Texas Board of Examiners of
  93-25  Mental Health Professionals until superseded by rule of the new
  93-26  board;
  93-27              (4)  the licenses, certificates, and orders of
   94-1  recognition in effect that were issued by one of the abolished
   94-2  boards or the abolished council are continued in effect as
   94-3  licenses, certificates, and orders of recognition of the Texas
   94-4  Board of Examiners of Mental Health Professionals;
   94-5              (5)  a complaint or investigation pending before one of
   94-6  the abolished boards or the abolished council is transferred
   94-7  without change in status to the Texas Board of Examiners of Mental
   94-8  Health Professionals;
   94-9              (6)  a contested case pending before one of the
  94-10  abolished boards or the abolished council is transferred to the
  94-11  State Office of Administrative Hearings, and actions taken in the
  94-12  proceeding are treated as if taken by the State Office of
  94-13  Administrative Hearings; and
  94-14              (7)  any reference in a law to one of the abolished
  94-15  boards or the abolished council means the Texas Board of Examiners
  94-16  of Mental Health Professionals.
  94-17        (c)  Regardless of the changes in law made by this Act, until
  94-18  the date that the Texas State Board of Examiners of Psychologists,
  94-19  the Texas State Board of Examiners of Professional Counselors, the
  94-20  Council for Social Work Certification, and the Texas State Board of
  94-21  Examiners of Marriage and Family Therapists are abolished as
  94-22  provided by this section, each board and the council continue in
  94-23  existence and shall administer their functions under the law that
  94-24  governed the board or council before the effective date of this
  94-25  Act, and the prior law is continued in effect for that purpose.
  94-26        (d)  The Texas Board of Examiners of Mental Health
  94-27  Professionals shall adopt rules under this Act not later than
   95-1  December 1, 1993.
   95-2        SECTION 6.02.  The following laws are repealed:
   95-3              (1)  Sections 4, 4a, 5, 6, 7, 8(c), (f), (g), (k), (l),
   95-4  (m), 10, and 26, Psychologists' Certification and Licensing Act
   95-5  (Article 4512c, Vernon's Texas Civil Statutes);
   95-6              (2)  Sections 4, 5, 7, 8, 20, 21, and 22, Licensed
   95-7  Professional Counselor Act (Article 4512g, Vernon's Texas Civil
   95-8  Statutes);
   95-9              (3)  Sections 50.004, 50.007, 50.019, and 50.030, Human
  95-10  Resources Code; and
  95-11              (4)  Sections 3, 4, 5, 6, 7, 8, 9, 10, 12(d), and 14,
  95-12  Licensed Marriage and Family Therapist Act (Article 4512c-1,
  95-13  Vernon's Texas Civil Statutes).
  95-14        SECTION 6.03.  This Act takes effect September 1, 1993.
  95-15        SECTION 6.04.  The importance of this legislation and the
  95-16  crowded condition of the calendars in both houses create an
  95-17  emergency and an imperative public necessity that the
  95-18  constitutional rule requiring bills to be read on three several
  95-19  days in each house be suspended, and this rule is hereby suspended.