By:  Parker, Moncrief                                 S.B. No. 1061
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the continuation and functions of the Texas Board of
    1-2  Chiropractic Examiners and to the regulation of the practice of
    1-3  chiropractic; providing penalties.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 3, Chapter 94, Acts of the 51st
    1-6  Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
    1-7  Civil Statutes), is amended to read as follows:
    1-8        Sec. 3.  (a)  A Board to be known as "The Texas Board of
    1-9  Chiropractic Examiners" is hereby created.  No member of said Board
   1-10  shall be a member of the faculty or Board of Trustees of any
   1-11  chiropractic school; and all appointments to said Board shall be
   1-12  subject to the confirmation of the Senate.  The Texas Board of
   1-13  Chiropractic Examiners, which hereinafter may be referred to as
   1-14  "The Board," shall be composed of nine (9) members, appointed by
   1-15  the Governor, whose duty it shall be to carry out the purposes and
   1-16  enforce the provisions of this Act.  Appointments to the Board
   1-17  shall be made without regard to the race, color, disability
   1-18  <creed>, sex, religion, age, or national origin of the appointees.
   1-19        (b)  Six (6) members must be reputable practicing
   1-20  chiropractors who have resided in this State for a period of five
   1-21  (5) years preceding their appointment.  Three (3) members must be
   1-22  representatives <members> of the general public.  A person is not
   1-23  eligible for appointment as a public member of the Board if the
   1-24  person or the person's spouse:
    2-1              (1)  is registered, certified, or licensed by an
    2-2  occupational regulatory agency in the field of health care;
    2-3              (2)  is employed by or participates in the management
    2-4  of a business entity or other organization regulated by the Board
    2-5  or receiving funds from the Board <that provides health-care
    2-6  services or that sells, manufactures, or distributes health-care
    2-7  supplies or equipment>; or
    2-8              (3)  owns or<,> controls, <or has,> directly or
    2-9  indirectly, more than a 10 <ten> percent <(10%)> interest in a
   2-10  business entity or other organization regulated by the Board or
   2-11  receiving funds from the Board; or
   2-12              (4)  uses or receives a substantial amount of tangible
   2-13  goods, services, or funds from the Board, other than compensation
   2-14  or reimbursement authorized by law for Board membership,
   2-15  attendance, or expenses <that provides health care services or that
   2-16  sells, manufactures, or distributes health care supplies or
   2-17  equipment>.
   2-18        (c)  Five (5) members of the Board shall constitute a quorum.
   2-19  No member of said Board shall be a stockholder, or have any
   2-20  financial interest whatsoever in any chiropractic school or
   2-21  college.
   2-22        (d)  An officer, employee, or paid consultant of a
   2-23  professional or trade association in the field of health care may
   2-24  not be a member or employee of the Board who is exempt from the
   2-25  state's position classification plan or is compensated at or above
   2-26  the amount prescribed by the General Appropriations Act for step 1,
   2-27  salary group 17, of the position classification salary schedule <A
    3-1  member or employee of the Board may not be an officer, employee, or
    3-2  paid consultant of a statewide or national trade association in the
    3-3  health-care industry>.
    3-4        (e)  A person who is the spouse of, or who is related within
    3-5  the first degree by affinity or within the first degree by
    3-6  consanguinity to, an officer, manager, or paid consultant of a
    3-7  professional or trade association in the field of health care may
    3-8  not be a Board member and may not be an employee of the Board who
    3-9  is exempt from the state's position classification plan or is
   3-10  compensated at or above the amount prescribed by the General
   3-11  Appropriations Act for step 1, salary group 17, of the position
   3-12  classification salary schedule <member or employee of the Board may
   3-13  not be related within the second degree by affinity or within the
   3-14  second degree by consanguinity, as determined under Article 5996h,
   3-15  Revised Statutes, to a person who is an officer, employee, or paid
   3-16  consultant of a statewide or national trade association in the
   3-17  regulated industry>.
   3-18        (f)  For the purposes of Subsections (d) and (e) of this
   3-19  section, a professional or trade association is a nonprofit,
   3-20  cooperative, and voluntarily joined association of business or
   3-21  professional competitors in this state designed to assist its
   3-22  members and its industry or profession in dealing with mutual
   3-23  business or professional problems and in promoting their common
   3-24  interest.
   3-25        (g)  A person may not serve as a member of the Board or act
   3-26  as the general counsel to the Board if the person <who> is required
   3-27  to register as a lobbyist under Chapter 305, Government Code,
    4-1  because of the person's activities for compensation on behalf of a
    4-2  profession related to the operation of the Board <may not serve as
    4-3  a member of the Board or act as the general counsel to  the
    4-4  Board>.
    4-5        (h) <(g)>  The members of the Texas Board of Chiropractic
    4-6  Examiners shall be divided into three (3) classes, one, two and
    4-7  three, and are appointed for staggered six-year terms, with three
    4-8  members' terms expiring on February 1 of each odd-numbered year
    4-9  <their respective terms of office shall be determined by the
   4-10  Governor at the time of the first appointments hereunder>.  Members
   4-11  hold office for their terms <six (6) years> and until their
   4-12  successors are duly appointed and qualified.  In case of death or
   4-13  resignation of a member of the Board, the Governor shall appoint
   4-14  another to take his place for the unexpired term only.
   4-15        (i) <(h)>  The Texas Board of Chiropractic Examiners is
   4-16  subject to Chapter 325, Government Code (Texas Sunset Act).  Unless
   4-17  continued in existence as provided by that chapter, the board is
   4-18  abolished and this Act expires September 1, 2005 <1993>.
   4-19        SECTION 2.  Section 3a, Chapter 94, Acts of the 51st
   4-20  Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
   4-21  Civil Statutes), is amended to read as follows:
   4-22        Sec. 3a.  (a)  The Board shall prepare information of public
   4-23  <consumer> interest describing the <regulatory> functions of the
   4-24  Board and <describing> the Board's procedures by which <consumer>
   4-25  complaints are filed with and resolved by the Board.  The Board
   4-26  shall make the information available to the <general> public and
   4-27  appropriate state agencies.
    5-1        (b)  The Board by rule shall establish methods by which
    5-2  consumers and service recipients are notified of the name, mailing
    5-3  address, and telephone number of the Board for the purpose of
    5-4  directing complaints to the Board.  The Board may provide for that
    5-5  notification:
    5-6              (1)  on each registration form, application, or written
    5-7  contract for services of an individual or entity regulated by the
    5-8  Board; or
    5-9              (2)  on a sign prominently displayed in the place of
   5-10  business of each individual or entity regulated by the Board.
   5-11        (c)  The Board shall list along with its regular telephone
   5-12  number the toll-free telephone number that may be called to present
   5-13  a complaint about a health professional if the toll-free number is
   5-14  established under other state law <There shall at all times be
   5-15  prominently displayed in the place of business of each licensee
   5-16  regulated under this Act a sign containing the name, mailing
   5-17  address, and telephone number of the Board and a statement
   5-18  informing consumers that complaints against licensees can be
   5-19  directed to the Board>.
   5-20        SECTION 3.  Section 3b, Chapter 94, Acts of the 51st
   5-21  Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
   5-22  Civil Statutes), is amended to read as follows:
   5-23        Sec. 3b.  (a)  It is a ground for removal from the Board if a
   5-24  member:
   5-25              (1)  does not have at the time of appointment the
   5-26  qualifications required by Subsection (b) of Section 3 of this Act
   5-27  <for appointment to the Board>;
    6-1              (2)  does not maintain during <the> service on the
    6-2  Board the qualifications required by Subsection (b) of Section 3 of
    6-3  this Act <for appointment to the Board>;
    6-4              (3)  violates a prohibition established by Subsection
    6-5  (d), (e), or (g) <(f)> of Section 3 of this Act; <or>
    6-6              (4)  cannot discharge the member's duties for a
    6-7  substantial part of the term for which the member is appointed
    6-8  because of illness or disability; or
    6-9              (5)  is absent from more than half <does not attend at
   6-10  least one-half> of the regularly scheduled Board meetings that the
   6-11  member is eligible to attend during <held by the Board in> a
   6-12  calendar year unless the absence is excused by majority vote<,
   6-13  excluding meetings held while the person was not a member> of the
   6-14  Board.
   6-15        (b)  The validity of an action of the Board is not affected
   6-16  by the fact that it was taken when a ground for removal of a Board
   6-17  member exists <of the Board existed>.
   6-18        (c)  If the executive director has knowledge that a potential
   6-19  ground for removal exists, the executive director shall notify the
   6-20  governor and the attorney general that a potential ground for
   6-21  removal exists.
   6-22        SECTION 4.  Chapter 94, Acts of the 51st Legislature, Regular
   6-23  Session, 1949 (Article 4512b, Vernon's Texas Civil Statutes), is
   6-24  amended by adding Section 3c to read as follows:
   6-25        Sec. 3c.  (a)  Each Board member shall comply with the Board
   6-26  member training requirements established by any other state agency
   6-27  that is given authority to establish the requirements for the
    7-1  Board.
    7-2        (b)  The Board shall provide to its members and employees, as
    7-3  often as necessary, information regarding their qualifications for
    7-4  office or employment under this Act and their responsibilities
    7-5  under applicable laws relating to standards of conduct for state
    7-6  officers or employees.
    7-7        SECTION 5.  Chapter 94, Acts of the 51st Legislature, Regular
    7-8  Session, 1949 (Article 4512b, Vernon's Texas Civil Statutes), is
    7-9  amended by adding Section 3d to read as follows:
   7-10        Sec. 3d.  The Board shall develop and implement policies that
   7-11  clearly define the respective responsibilities of the Board and the
   7-12  staff of the Board.
   7-13        SECTION 6.  Section 4, Chapter 94, Acts of the 51st
   7-14  Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
   7-15  Civil Statutes), is amended to read as follows:
   7-16        Sec. 4.  (a)  Each member of the Texas Board of Chiropractic
   7-17  Examiners shall qualify by taking the Constitutional Oath.  At the
   7-18  first meeting of said Board after each biennial appointment, the
   7-19  Board shall elect <a president,> a vice-president and a
   7-20  secretary-treasurer from its members.  The governor shall designate
   7-21  a member of the Board to act as the president of the Board at the
   7-22  pleasure of the governor.  Regular meetings shall be held to
   7-23  examine applicants and for the transaction of business at least
   7-24  twice a year at such time and place as may be determined by the
   7-25  Board.  Special meetings may be held on a call of three (3) members
   7-26  of the Board.  The Board may prescribe rules, regulations and
   7-27  bylaws in harmony with the provisions of this Act for its own
    8-1  proceedings and government for the examination of applicants for
    8-2  license to practice chiropractic.  The secretary-treasurer shall
    8-3  make and file a surety bond in favor of the Texas Board of
    8-4  Chiropractic Examiners in the sum of not less than Five Thousand
    8-5  Dollars ($5,000) conditioned that he will faithfully discharge the
    8-6  duties of his office.
    8-7        (b)  The Board <Board/commission> is subject to the open
    8-8  meetings law, Chapter 271, Acts of the 60th Legislature, Regular
    8-9  Session, 1967, as amended (Article 6252-17, Vernon's Texas Civil
   8-10  Statutes), and the Administrative Procedure and Texas Register Act,
   8-11  as amended (Article 6252-13a, Vernon's Texas Civil Statutes).
   8-12        (c)  <If the appropriate standing committees of both houses
   8-13  of the Legislature acting under Subsection (g), Section 5,
   8-14  Administrative Procedure and Texas Register Act, as amended
   8-15  (Article 6252-13a, Vernon's Texas Civil Statutes), transmit to the
   8-16  Board/commission statements opposing adoption of a rule under that
   8-17  section, the rule may not take effect, or if the rule has already
   8-18  taken effect, the rule is repealed effective on the date the
   8-19  Board/commission receives the committee's statements.>
   8-20        <(d)>  The Board shall adopt guidelines for educational
   8-21  preparation and acceptable practices for all aspects of the
   8-22  practice of chiropractic.
   8-23        (d)  The <(e)  On or before January 1 of each year, the>
   8-24  Board shall file annually with the Governor and the presiding
   8-25  officer of each house of the Legislature a complete and detailed
   8-26  written report accounting for all funds received and disbursed by
   8-27  the Board during <in> the preceding fiscal year.  The annual report
    9-1  must be in the form and reported in the time provided by the
    9-2  General Appropriations Act.
    9-3        (e) <(f)>  The executive director or the executive director's
    9-4  designee <Board> shall develop an intra-agency <intraagency> career
    9-5  ladder program.  The program shall require intra-agency posting of
    9-6  all<, one part of which shall be the intraagency posting of each
    9-7  job-opening with the Board in a> nonentry level positions
    9-8  concurrently with any public posting <position.  The intraagency
    9-9  posting shall be made at least ten (10) days before any public
   9-10  posting is made>.
   9-11        (f) <(g)>  The executive director or the executive director's
   9-12  designee <Board> shall develop a system of annual performance
   9-13  evaluations <of the Board's employees based on measurable job
   9-14  tasks>.  All  <Any> merit pay for <authorized by the> Board
   9-15  employees must <shall> be based on the system established under
   9-16  this subsection.
   9-17        SECTION 7.  Chapter 94, Acts of the 51st Legislature, Regular
   9-18  Session, 1949 (Article 4512b, Vernon's Texas Civil Statutes), is
   9-19  amended by adding Sections 4c and 4d to read as follows:
   9-20        Sec. 4c.  (a)  The executive director or the executive
   9-21  director's designee shall prepare and maintain a written policy
   9-22  statement to ensure implementation of a program of equal employment
   9-23  opportunity under which all personnel transactions are made without
   9-24  regard to race, color, disability, sex, religion, age, or national
   9-25  origin.  The policy statement must include:
   9-26              (1)  personnel policies, including policies relating to
   9-27  recruitment, evaluation, selection, application, training, and
   10-1  promotion of personnel that are in compliance with the Commission
   10-2  on Human Rights Act (Article 5221k, Vernon's Texas Civil Statutes)
   10-3  and its subsequent amendments;
   10-4              (2)  a comprehensive analysis of the Board work force
   10-5  that meets federal and state guidelines;
   10-6              (3)  procedures by which a determination can be made of
   10-7  significant underutilization in the Board work force of all persons
   10-8  for whom federal or state guidelines encourage a more equitable
   10-9  balance; and
  10-10              (4)  reasonable methods to appropriately address those
  10-11  areas of underutilization.
  10-12        (b)  A policy statement prepared under Subsection (a) of this
  10-13  section must cover an annual period, be updated annually, be
  10-14  reviewed by the Commission on Human Rights for compliance with
  10-15  Subsection (a)(1) of this section, and be filed with the governor's
  10-16  office.
  10-17        (c)  The governor's office shall deliver a biennial report to
  10-18  the legislature based on the information received under Subsection
  10-19  (b) of this section.  The report may be made separately or as part
  10-20  of other biennial reports to the legislature.
  10-21        Sec. 4d.  (a)  The Board shall develop and implement policies
  10-22  that provide the public with a reasonable opportunity to appear
  10-23  before the Board and to speak on any issue under the jurisdiction
  10-24  of the Board.
  10-25        (b)  The Board shall prepare and maintain a written plan that
  10-26  describes how a person who does not speak English can be provided
  10-27  reasonable access to the Board's programs.  The Board shall also
   11-1  comply with federal and state laws for program and facility
   11-2  accessibility.
   11-3        SECTION 8.  Section 8a, Chapter 94, Acts of the 51st
   11-4  Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
   11-5  Civil Statutes), is amended by amending Subsections (a) and (e) and
   11-6  adding Subsection (f) to read as follows:
   11-7        (a)  Practicing chiropractic as defined in Section 1 of this
   11-8  Act without an annual renewal <registration> receipt for the
   11-9  current year as provided herein shall have the same force and
  11-10  effect and be subject to all penalties of practicing chiropractic
  11-11  without a license.
  11-12        (e)  If a person's license has been expired for one (1) year
  11-13  or longer, the person may not renew the license.  The person may
  11-14  obtain a new license by submitting to reexamination and complying
  11-15  with the requirements and procedures for obtaining an original
  11-16  license.  However, the Board may renew without reexamination an
  11-17  expired license of a person who was licensed in this state, moved
  11-18  to another state, and is currently licensed and has been in
  11-19  practice in the other state for the two years preceding
  11-20  application.  The person must pay to the Board a fee that is equal
  11-21  to the examination fee for the license.
  11-22        (f)  At least 30 days before the expiration of a person's
  11-23  license, the Board shall send written notice of the impending
  11-24  license expiration to the person at the licensee's last known
  11-25  address according to the records of the Board.
  11-26        SECTION 9.  Section 8b, Chapter 94, Acts of the 51st
  11-27  Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
   12-1  Civil Statutes), is amended to read as follows:
   12-2        Sec. 8b.  (a)  The provisions of this Act shall apply to all
   12-3  persons licensed by the Texas Board of Chiropractic Examiners and
   12-4  the annual renewal <registration> fee shall apply to all persons
   12-5  licensed by the Texas Board of Chiropractic Examiners, whether or
   12-6  not they are practicing within the borders of this State.  <As a
   12-7  prerequisite to the annual registration or renewal and before the
   12-8  chiropractic registration or renewal may be issued, the licensee
   12-9  shall present to the Board satisfactory evidence that in the year
  12-10  preceding the application for renewal said licensee attended two
  12-11  (2) days of continuing educational courses approved by the Board.
  12-12  A person licensed by examination during the twelve (12) months
  12-13  immediately preceding the January 1st renewal date shall be granted
  12-14  renewal without attending the educational programs.  Unless the
  12-15  exemption provided by this subsection applies, if a licensee fails
  12-16  to meet the continuing education requirement the Board may place
  12-17  the licensee on probation for a period not to exceed twelve (12)
  12-18  months.  The Board by rule may set conditions for reinstatement of
  12-19  a license during the probationary period.  If the licensee fails to
  12-20  satisfy the requirements for reinstatement, the licensee may obtain
  12-21  a new license only by complying with the requirements and
  12-22  procedures for obtaining an original license.>
  12-23        (b)  The Board shall notify licensees of approved continuing
  12-24  education courses at least annually.
  12-25        (c)  The Board by rule shall adopt requirements for mandatory
  12-26  continuing education for licensees under this Act in subjects
  12-27  pertaining to the practice of chiropractic.  The Board by rule
   13-1  shall establish a minimum number of hours of continuing education
   13-2  required to renew a license.  The Board may assess the continuing
   13-3  education needs of licensees and may require licensees to attend
   13-4  continuing education courses specified by the Board.  The Board by
   13-5  rule shall develop a process to evaluate and approve continuing
   13-6  education courses.
   13-7        (d)  The Board shall identify the key factors for the
   13-8  competent performance by a licensee of the licensee's professional
   13-9  duties.  The Board shall adopt a procedure to assess a licensee's
  13-10  participation and performance in continuing education programs.
  13-11        SECTION 10.  Section 8c, Chapter 94, Acts of the 51st
  13-12  Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
  13-13  Civil Statutes), is amended to read as follows:
  13-14        Sec. 8c.  The Board by rule may adopt a system under which
  13-15  licenses <registrations> expire on various dates during the year.
  13-16  For the year in which the license expiration date is changed,
  13-17  license <registration> fees payable on January 1 shall be prorated
  13-18  on a monthly basis so that each licensee <registrant> shall pay
  13-19  only that portion of the license <registration> fee that <which> is
  13-20  allocable to the number of months during which the license
  13-21  <registration> is valid.  On renewal of the license <registration>
  13-22  on the new expiration date, the total license renewal
  13-23  <registration> fee is payable.
  13-24        SECTION 11.  Section 8d, Chapter 94, Acts of the 51st
  13-25  Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
  13-26  Civil Statutes), is amended by adding Subsection (e) to read as
  13-27  follows:
   14-1        (e)  Rules adopted under this section shall include a time
   14-2  limit for a licensee to remain on inactive status.
   14-3        SECTION 12.  Chapter 94, Acts of the 51st Legislature,
   14-4  Regular Session, 1949 (Article 4512b, Vernon's Texas Civil
   14-5  Statutes), is amended by adding Section 8e to read as follows:
   14-6        Sec. 8e.  The Board by rule may provide for the issuance of a
   14-7  temporary license.  Rules adopted under this section shall include
   14-8  a time limit for a person who holds a temporary license.
   14-9        SECTION 13.  Section 9, Chapter 94, Acts of the 51st
  14-10  Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
  14-11  Civil Statutes), is amended to read as follows:
  14-12        Sec. 9.  (a)  The Texas Board of Chiropractic Examiners may
  14-13  upon payment by an applicant of a fee grant a provisional license
  14-14  to practice chiropractic to an applicant who presents proof of a
  14-15  current license in another state, the District of Columbia, a
  14-16  territory of the United States, or a foreign country that maintains
  14-17  professional standards considered by the Board to be equivalent to
  14-18  those set forth in this Act <licentiates of other states or
  14-19  territories having requirements and practices equivalent to those
  14-20  established by the laws of this State, provided said applicant has
  14-21  continuously practiced chiropractic for not less than five years
  14-22  preceding the applicant's application to the Board>.  Applications
  14-23  for license under the provisions of this Section shall be in
  14-24  writing, and upon a form to be prescribed by the Texas Board of
  14-25  Chiropractic Examiners.  Said application shall be accompanied by a
  14-26  license, or a certified copy of license to practice chiropractic,
  14-27  lawfully issued to the applicant, upon examination, by some other
   15-1  state, the District of Columbia, a <or> territory of the United
   15-2  States, or a foreign country.  Said application shall also be
   15-3  accompanied by an affidavit made by the president or secretary of
   15-4  the Board of Chiropractic Examiners which issued the said license,
   15-5  or by a legally constituted chiropractic registration officer of
   15-6  the state, District of Columbia, <or> territory, or foreign country
   15-7  by which the license was granted, and on which the application for
   15-8  chiropractic registration in Texas is based, reciting that the
   15-9  accompanying license has not been cancelled or revoked, and that
  15-10  the statement or qualifications made in the application for
  15-11  chiropractic license in Texas is true and correct.  Applicants for
  15-12  license under the provisions of this Section shall subscribe to an
  15-13  oath in writing before an officer authorized by law to administer
  15-14  oaths, which shall be a part of said application, stating that the
  15-15  license under which the applicant practiced chiropractic in the
  15-16  State, the District of Columbia, the foreign country, or the
  15-17  territory from which the applicant removed, was at the time of such
  15-18  removal in full force, and not suspended or cancelled.  Said
  15-19  application shall also state that the applicant is the identical
  15-20  person to whom the said certificate was issued, and that no
  15-21  proceeding has been instituted against the applicant for the
  15-22  cancellation of said certificate to practice chiropractic in the
  15-23  State, District of Columbia, foreign country, or territory by which
  15-24  the same was issued; and that no prosecution is pending against the
  15-25  applicant in any State or Federal Court for any offense which,
  15-26  under the law of Texas is a felony.  An applicant for a provisional
  15-27  license under this Section must:
   16-1              (1)  be licensed in good standing as a chiropractor at
   16-2  least two years in another state, the District of Columbia, a
   16-3  foreign country, or a territory of the United States that has
   16-4  licensing requirements that are substantially equivalent to the
   16-5  requirements of this Act;
   16-6              (2)  have passed a national or other examination
   16-7  recognized by the Board relating to the practice of chiropractic;
   16-8  and
   16-9              (3)  be sponsored by a person licensed by the Board
  16-10  under this Act with whom the provisional licensee may practice
  16-11  under this Section.
  16-12        (b)  An applicant for a provisional license may be excused
  16-13  from the requirement of Subsection (a)(3) of this Section if the
  16-14  Board determines that compliance with that subsection constitutes a
  16-15  hardship to the applicant.
  16-16        (c)  A provisional license is valid until the date the Board
  16-17  approves or denies the provisional licensee's application for a
  16-18  license.  The Board shall issue a license under this Act to the
  16-19  holder of a provisional license under this Section if:
  16-20              (1)  the provisional licensee passes the part of the
  16-21  examination under Section 10 of this Act that pertains to the
  16-22  applicant's knowledge and understanding of the laws and regulations
  16-23  relating to the practice of chiropractic in this State;
  16-24              (2)  the Board verifies that the provisional licensee
  16-25  has the academic and experience requirements for a license under
  16-26  this Act; and
  16-27              (3)  the provisional licensee satisfies any other
   17-1  license requirements under this Act.
   17-2        (d)  The Board must complete the processing of a provisional
   17-3  licensee's application for a license not later than the 180th day
   17-4  after the date the provisional license is issued.  The Board may
   17-5  extend the 180-day limit if the results on an examination have not
   17-6  been received by the Board.
   17-7        SECTION 14.  Subsections (c) and (e), Section 10, Chapter 94,
   17-8  Acts of the 51st Legislature, Regular Session, 1949 (Article 4512b,
   17-9  Vernon's Texas Civil Statutes), are amended to read as follows:
  17-10        (c)  If any applicant, because of failure to pass the
  17-11  required examination, shall be refused a license, he or she<, at
  17-12  such time as the Texas Board of Chiropractic Examiners may fix, not
  17-13  exceeding one (1) year,> shall be permitted to take a subsequent
  17-14  examination, upon such subjects required in the original
  17-15  examination as the Board may prescribe.  The Board by rule shall
  17-16  establish the conditions under which an applicant who fails the
  17-17  licensing examination may retake the examination and the number of
  17-18  times the applicant may retake the examination.  The Board may
  17-19  require an applicant to fulfill additional educational requirements
  17-20  <except that the applicant shall not be required to take a
  17-21  re-examination on subjects in which he has made a grade of
  17-22  seventy-five per cent (75%) or more, provided the applicant shall
  17-23  apply for re-examination within one (1) year>.  In the event
  17-24  satisfactory grades shall be made in the subjects prescribed and
  17-25  taken on such re-examination, the Board shall grant to the
  17-26  applicant a license to practice chiropractic.  The Board shall
  17-27  determine the grade to be given the examinees on the answers turned
   18-1  in on the subjects of complete and partial examination, and its
   18-2  decision thereupon shall be final.
   18-3        (e)  Not later than the 30th day  <Within thirty (30) days>
   18-4  after the day on which a licensing examination is administered
   18-5  under this Act, the Board shall notify each examinee of the results
   18-6  of the examination.  However, if an examination is graded or
   18-7  reviewed by a national testing service, the Board shall notify
   18-8  examinees of the results of the examination not later than the 14th
   18-9  day <within two (2) weeks> after the day that the Board receives
  18-10  the results from the testing service.  If the notice of the
  18-11  examination results graded or reviewed by a national testing
  18-12  service will be delayed for longer than 90 <ninety (90)> days after
  18-13  the examination date, the Board shall notify the examinee of the
  18-14  reason for the delay before the 90th <ninetieth (90th)> day.
  18-15        SECTION 15.  Subsection (b), Section 11, Chapter 94, Acts of
  18-16  the 51st Legislature, Regular Session, 1949 (Article 4512b,
  18-17  Vernon's Texas Civil Statutes), is amended to read as follows:
  18-18        (b)  The Board by rule shall establish reasonable and
  18-19  necessary fees so that the fees, in the aggregate, produce
  18-20  sufficient revenue to cover the cost of administering this Act.
  18-21  The fees set by the Board may be adjusted so that the total fees
  18-22  collected shall be sufficient to meet the expenses of administering
  18-23  this Act.  The Board may not set a fee for an amount less than the
  18-24  amount of that fee on September 1, 1993  <for the administration of
  18-25  this Act, not to exceed:>
  18-26              <(1)  annual renewal:  $200;>
  18-27              <(2)  reciprocal license:  $200;>
   19-1              <(3)  examination fee:  $120;>
   19-2              <(4)  reexam fee:  $75; and>
   19-3              <(5)  verification of licensing requirements fee:
   19-4  $75>.
   19-5        SECTION 16.  Section 12, Chapter 94, Acts of the 51st
   19-6  Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
   19-7  Civil Statutes), is amended to read as follows:
   19-8        Sec. 12.  All examinations for license to practice
   19-9  chiropractic shall be conducted in writing in the English language
  19-10  and in such manner as to be entirely fair and impartial to all
  19-11  applicants.  The Board shall have the examination validated by an
  19-12  independent testing entity.  The Board may use an examination that
  19-13  it purchases from a national testing center only if the national
  19-14  testing center has the examination validated by an independent
  19-15  testing professional.  All applicants shall be known to the
  19-16  examiners only by numbers, without names or other method of
  19-17  identification on examination papers by which members of the Board
  19-18  may be able to identify such applicants, or examinees, until after
  19-19  the general averages of the examinees' numbers in the class have
  19-20  been determined, and license granted or refused.  Examinations
  19-21  shall be conducted on practical and theoretical chiropractic and in
  19-22  the subjects of anatomy-histology, chemistry, bacteriology,
  19-23  physiology, symptomatology, pathology and analysis of the human
  19-24  spine, and hygiene and public health.  Upon satisfactory
  19-25  examination, conducted as aforesaid under the rules of the Board,
  19-26  which shall consist of an average grade of not less than
  19-27  seventy-five per cent (75%) in any one subject, applicants shall be
   20-1  granted license to practice chiropractic.  All questions and
   20-2  answers, with the grades attached, authenticated by the signature
   20-3  of the examiner, shall be preserved in the executive office of the
   20-4  Board for one (1) year.  All applicants examined at the same time
   20-5  shall be given identical questions.  All certificates shall be
   20-6  attested by the seal of the Board, and signed by all members of the
   20-7  Board, or a quorum thereof.
   20-8        SECTION 17.  Chapter 94, Acts of the 51st Legislature,
   20-9  Regular Session, 1949 (Article 4512b, Vernon's Texas Civil
  20-10  Statutes), is amended by adding Section 12a to read as follows:
  20-11        Sec. 12a.  The Board shall adopt rules for the licensing and
  20-12  regulation of chiropractic facilities as necessary to protect the
  20-13  public health, safety, and welfare.  A rule adopted by the Board
  20-14  under this section must:
  20-15              (1)  specify the licensing requirements for a
  20-16  chiropractic facility;
  20-17              (2)  set out the structure of the facility licensing
  20-18  program; and
  20-19              (3)  provide that the Board shall issue one facility
  20-20  license to an owner of a chiropractic facility without regard to
  20-21  the number of chiropractic facilities owned by the owner.
  20-22        SECTION 18.  Section 14, Chapter 94, Acts of the 51st
  20-23  Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
  20-24  Civil Statutes), is amended to read as follows:
  20-25        Sec. 14.  (a)  The Texas Board of Chiropractic Examiners
  20-26  shall revoke or suspend a license, place on probation a person
  20-27  whose <probate a> license has been suspended <suspension>, or
   21-1  reprimand a licensee, or may impose an administrative penalty, for
   21-2  a violation <any violations> of this <the> Act or a rule <rules>
   21-3  the Board.  If a license suspension is probated, the Board may
   21-4  require the licensee to:
   21-5              (1)  report regularly to the Board on matters that are
   21-6  the basis of the probation;
   21-7              (2)  limit practice to the areas prescribed by the
   21-8  Board; or
   21-9              (3)  continue or review continuing professional
  21-10  education until the licensee attains a degree of skill satisfactory
  21-11  to the Board in those areas that are the basis of the probation.
  21-12        (b)  The Board by rule shall develop a system for monitoring
  21-13  the compliance with the requirements of this Act of license holders
  21-14  who are the subject of disciplinary action.  Rules adopted under
  21-15  this subsection shall include procedures for monitoring a license
  21-16  holder who is ordered by the Board to perform certain acts to
  21-17  ascertain that the license holder performs the required acts and to
  21-18  identify and monitor license holders who are the subject of
  21-19  disciplinary action and who present a continuing threat to the
  21-20  public welfare through the practice of chiropractic.
  21-21        (c)  In addition to the other disciplinary actions authorized
  21-22  by this Act, the Board may require that a licensee who violates
  21-23  this Act participate in continuing education programs.  The Board
  21-24  shall specify the continuing education programs that may be
  21-25  attended and the number of hours that must be completed by an
  21-26  individual licensee to fulfill the requirements of this section.
  21-27        (d)  The Board by rule shall adopt a schedule of the maximum
   22-1  amount of sanctions that may be assessed against a licensee for
   22-2  each category of violation of this Act.  In establishing the
   22-3  schedule of sanctions or in imposing the amount of an
   22-4  administrative penalty under this Act, the Board shall consider:
   22-5              (1)  the seriousness of the violation, including the
   22-6  nature, circumstances, extent, or gravity of any prohibited acts,
   22-7  and the hazard or potential hazard created to the health, safety,
   22-8  or economic welfare of the public;
   22-9              (2)  the economic harm to property or the environment
  22-10  caused by the violation;
  22-11              (3)  the history of previous violations;
  22-12              (4)  the amount necessary to deter future violations;
  22-13              (5)  efforts to correct the violation; and
  22-14              (6)  any other matter that justice may require.
  22-15        (e)  The schedule of sanctions shall be used by the State
  22-16  Office of Administrative Hearings for any sanction imposed as the
  22-17  result of a hearing conducted by that office.
  22-18        (f) <(b)>  The Board shall keep an information file about
  22-19  each complaint filed with the Board <relating to a licensee>.  The
  22-20  Board's information file shall be kept current and contain a record
  22-21  for each complaint of:
  22-22              (1)  all persons contacted in relation to the
  22-23  complaint;
  22-24              (2)  a summary of findings made at each step of the
  22-25  complaint process;
  22-26              (3)  an explanation of the legal basis and reason for a
  22-27  complaint that is dismissed; and
   23-1              (4)  other relevant information.
   23-2        (g) <(c)>  If a written complaint is filed with the Board
   23-3  that the Board has authority to resolve <relating to a licensee>,
   23-4  the Board, at least <as frequently as> quarterly and until final
   23-5  disposition of the complaint, shall notify the parties to the
   23-6  complaint of the status of the complaint unless the notice would
   23-7  jeopardize an undercover investigation.
   23-8        (h) <(d)>  Any person whose license to practice chiropractic
   23-9  has been cancelled, revoked or suspended or on whom an
  23-10  administrative penalty has been imposed by the Board may take an
  23-11  appeal to any of the district courts in the county of his
  23-12  residence, but the decision of the Board shall not be enjoined or
  23-13  stayed except on application to such district court after notices
  23-14  to the Board.
  23-15        (i) <(e)>  Upon application, the Board may reissue a license
  23-16  to practice chiropractic to a person whose license has been
  23-17  cancelled or suspended, but such application, in the case of
  23-18  cancellation or revocation, shall not be made prior to one (1) year
  23-19  after the cancellation or revocation, and shall be made in such
  23-20  manner and form as the Board may require.
  23-21        (j) <(f)>  If the Board proposes to refuse a person's
  23-22  application for a license, to suspend or revoke a person's license,
  23-23  or to probate or reprimand a person, the person is entitled to a
  23-24  hearing before the Board.
  23-25        (k) <(g)>  Disciplinary proceedings are governed by the
  23-26  Administrative Procedure and Texas Register Act, as amended
  23-27  (Article 6252-13a, Vernon's Texas Civil Statutes).
   24-1        (l)  The Board by rule shall adopt a form to standardize
   24-2  information concerning complaints made to the Board.  The Board by
   24-3  rule shall prescribe information to be provided to a person when
   24-4  the person files a complaint with the Board.
   24-5        (m)  The Board shall provide reasonable assistance to a
   24-6  person who wishes to file a complaint with the Board.
   24-7        SECTION 19.  Chapter 94, Acts of the 51st Legislature,
   24-8  Regular Session, 1949 (Article 4512b, Vernon's Texas Civil
   24-9  Statutes), is amended by adding Sections 14c, 14d, and 14e to read
  24-10  as follows:
  24-11        Sec. 14c.  (a)  The Board shall appoint an enforcement
  24-12  committee to oversee and conduct the investigation of complaints
  24-13  filed with the Board under this Act and to perform other duties
  24-14  related to enforcement as directed by the Board.  The enforcement
  24-15  committee is composed of:
  24-16              (1)  two or more Board members, at least one of whom is
  24-17  a doctor of chiropractic and at least one of whom is a
  24-18  representative of the general public;
  24-19              (2)  the executive director; and
  24-20              (3)  a representative of the attorney general's office.
  24-21        (b)  The Board shall adopt rules concerning the investigation
  24-22  of a complaint filed with the Board.  The rules adopted under this
  24-23  subsection shall:
  24-24              (1)  distinguish between categories of complaints;
  24-25              (2)  ensure that complaints are not dismissed without
  24-26  appropriate consideration;
  24-27              (3)  require that the Board be advised of a complaint
   25-1  that is dismissed and that a letter be sent to the person who filed
   25-2  the complaint explaining the action taken on the dismissed
   25-3  complaint;
   25-4              (4)  ensure that the person who filed the complaint has
   25-5  an opportunity to explain the allegations made in the complaint;
   25-6  and
   25-7              (5)  prescribe guidelines concerning the categories of
   25-8  complaints that require the use of a private investigator and the
   25-9  procedures for the Board to obtain the services of a private
  25-10  investigator.
  25-11        (c)  The Board shall dispose of all complaints in a timely
  25-12  manner.  The Board shall establish a time line for conducting each
  25-13  phase of a complaint that is under the control of the Board not
  25-14  later than the 30th day after the date the complaint is received by
  25-15  the Board.  The time line shall be kept in the information file for
  25-16  the complaint and all parties shall be notified of the projected
  25-17  time requirements for pursuing the complaint.  A change in the time
  25-18  line must be noted in the complaint information file and all
  25-19  parties to the complaint must be notified not later than the
  25-20  seventh day after the date the change is made.
  25-21        (d)  The executive director of the Board shall notify the
  25-22  Board of a complaint that extends beyond the time prescribed by the
  25-23  Board for resolving the complaint so that the Board may take
  25-24  necessary action on the complaint.
  25-25        Sec. 14d.   (a)  The Board by rule shall adopt procedures
  25-26  governing:
  25-27              (1)  informal disposition of a contested case under
   26-1  Section 13(e), Administrative Procedure and Texas Register Act
   26-2  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
   26-3  subsequent amendments; and
   26-4              (2)  informal proceedings held in compliance with
   26-5  Section 18(c), Administrative Procedure and Texas Register Act
   26-6  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
   26-7  subsequent amendments.
   26-8        (b)  Rules adopted under this section must provide the
   26-9  complainant and the licensee an opportunity to be heard and must
  26-10  require the presence of a representative of the office of the
  26-11  attorney general or the Board's legal counsel to advise the Board
  26-12  or Board's employees.
  26-13        Sec. 14e.  (a)  If the enforcement committee determines that
  26-14  a violation of this Act or a rule or order adopted under this Act
  26-15  has occurred it may issue to the Board a report that states the
  26-16  facts on which the determination is based and the enforcement
  26-17  committee's recommendation on the imposition of an administrative
  26-18  penalty, including a recommendation on the amount of the penalty.
  26-19        (b)  Within 14 days after the date the report is issued, the
  26-20  executive director shall give written notice of the report to the
  26-21  person.  The notice shall be given by certified mail.  The notice
  26-22  must include a brief summary of the alleged violation and a
  26-23  statement of the amount of the recommended penalty and must inform
  26-24  the person that the person has a right to a hearing on the
  26-25  occurrence of the violation, the amount of the penalty, or both the
  26-26  occurrence of the violation and the amount of the penalty.
  26-27        (c)  Within 20 days after the date the person receives the
   27-1  notice, the person in writing may accept the determination and
   27-2  recommended penalty of the enforcement committee or may make a
   27-3  written request for a hearing on the occurrence of the violation,
   27-4  the amount of the penalty, or both the occurrence of the violation
   27-5  and the amount of the penalty.
   27-6        (d)  If the person accepts the determination and recommended
   27-7  penalty of the enforcement committee, the Board by order shall
   27-8  approve the determination and impose the recommended penalty.
   27-9        (e)  If the person requests a hearing or fails to respond
  27-10  timely to the notice, the executive director shall set a hearing
  27-11  and give notice of the hearing to the person.  The hearing shall be
  27-12  held by an administrative law judge of the State Office of
  27-13  Administrative Hearings.  The administrative law judge shall make
  27-14  findings of fact and conclusions of law and promptly issue to the
  27-15  Board a proposal for a decision about the occurrence of the
  27-16  violation and the amount of a proposed penalty.  Based on the
  27-17  findings of fact, conclusions of law, and proposal for a decision,
  27-18  the Board by order may find that a violation has occurred and
  27-19  impose a penalty or may find that no violation occurred.
  27-20        (f)  The notice of the Board's order given to the person
  27-21  under the Administrative Procedure and Texas Register Act (Article
  27-22  6252-13a, Vernon's Texas Civil Statutes) and its subsequent
  27-23  amendments must include a statement of the right of the person to
  27-24  judicial review of the order.
  27-25        (g)  Within 30 days after the date the Board's order is final
  27-26  as provided by Section 16(c), Administrative Procedure and Texas
  27-27  Register Act (Article 6252-13a, Vernon's Texas Civil Statutes), and
   28-1  its subsequent amendments, the person shall:
   28-2              (1)  pay the amount of the penalty;
   28-3              (2)  pay the amount of the penalty and file a petition
   28-4  for judicial review contesting the occurrence of the violation, the
   28-5  amount of the penalty, or both the occurrence of the violation and
   28-6  the amount of the penalty; or
   28-7              (3)  without paying the amount of the penalty, file a
   28-8  petition for judicial review contesting the occurrence of the
   28-9  violation, the amount of the penalty, or both the occurrence of the
  28-10  violation and the amount of the penalty.
  28-11        (h)  Within the 30-day period, a person who acts under
  28-12  Subsection (g)(3) of this section may:
  28-13              (1)  stay enforcement of the penalty by:
  28-14                    (A)  paying the amount of the penalty to the
  28-15  court for placement in an escrow account; or
  28-16                    (B)  giving to the court a supersedeas bond
  28-17  approved by the court for the amount of the penalty and that is
  28-18  effective until all judicial review of the Board's order is final;
  28-19  or
  28-20              (2)  request the court to stay enforcement of the
  28-21  penalty by:
  28-22                    (A)  filing with the court a sworn affidavit of
  28-23  the person stating that the person is financially unable to pay the
  28-24  amount of the penalty and is financially unable to give the
  28-25  supersedeas bond; and
  28-26                    (B)  giving a copy of the affidavit to the
  28-27  executive director by certified mail.
   29-1        (i)  An executive director who receives a copy of an
   29-2  affidavit under Subsection (h)(2) of this section may, at the
   29-3  direction of the enforcement committee, file with the court, within
   29-4  five days after the date the copy is received, a contest to the
   29-5  affidavit.  The court shall hold a hearing on the facts alleged in
   29-6  the affidavit as soon as practicable and shall stay the enforcement
   29-7  of the penalty on finding that the alleged facts are true.  The
   29-8  person who files an affidavit has the burden of proving that the
   29-9  person is financially unable to pay the amount of the penalty and
  29-10  to give a supersedeas bond.
  29-11        (j)  If the person does not pay the amount of the penalty and
  29-12  the enforcement of the penalty is not stayed, the executive
  29-13  director may, at the direction of the enforcement committee, refer
  29-14  the matter to the attorney general for collection of the amount of
  29-15  the penalty.
  29-16        (k)  Judicial review of the order of the Board:
  29-17              (1)  is instituted by filing a petition as provided by
  29-18  Section 19, Administrative Procedure and Texas Register Act
  29-19  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
  29-20  subsequent amendments; and
  29-21              (2)  is under the substantial evidence rule.
  29-22        SECTION 20.  Chapter 94, Acts of the 51st Legislature,
  29-23  Regular Session, 1949 (Article 4512b, Vernon's Texas Civil
  29-24  Statutes), is amended by adding Sections 19a and 19b to read as
  29-25  follows:
  29-26        Sec. 19a.  (a)  The Board may impose an administrative
  29-27  penalty against a person licensed or regulated under this Act who
   30-1  violates this Act or a rule or order adopted under this Act.  The
   30-2  penalty for a violation may be in an amount not to exceed $1,000.
   30-3  Each day a violation continues or occurs is a separate violation
   30-4  for purposes of imposing a penalty.
   30-5        (b)  A person who violates this Act or a rule adopted by the
   30-6  Board under this Act is liable to the state for a civil penalty of
   30-7  $1,000 for each day of violation.  At the request of the Board, the
   30-8  attorney general shall bring an action to recover a civil penalty
   30-9  authorized under this subsection.
  30-10        (c)  If a court sustains the occurrence of the violation
  30-11  after the court reviews the order of the Board imposing an
  30-12  administrative penalty, the court may uphold or reduce the amount
  30-13  of the administrative penalty and order the person to pay the full
  30-14  or reduced amount of the penalty.  If a court does not sustain the
  30-15  occurrence of the violation, the court shall order that no
  30-16  administrative penalty is owed.
  30-17        (d)  When the judgment of the court becomes final, the court
  30-18  shall proceed under this subsection.  If the person paid the amount
  30-19  of the administrative penalty and if that amount is reduced or is
  30-20  not upheld by the court, the court shall order that the appropriate
  30-21  amount plus accrued interest be remitted to the person.  The rate
  30-22  of the interest is the rate charged on loans to depository
  30-23  institutions by the New York Federal Reserve Bank, and the interest
  30-24  shall be paid for the period beginning on the date the
  30-25  administrative penalty was paid and ending on the date the penalty
  30-26  is remitted.  If the person gave a supersedeas bond and if the
  30-27  amount of the administrative penalty is not upheld by the court,
   31-1  the court shall order the release of the bond.  If the person gave
   31-2  a supersedeas bond and if the amount of the administrative penalty
   31-3  is reduced, the court shall order the release of the bond after the
   31-4  person pays the amount.
   31-5        (e)  An administrative penalty collected under this section
   31-6  shall be remitted to the comptroller for deposit in the general
   31-7  revenue fund.  The Board may retain five percent of a penalty
   31-8  collected under this section to finance a Board-approved peer
   31-9  assistance program for chiropractors.
  31-10        (f)  All proceedings under this section other than a
  31-11  proceeding to collect a civil penalty are subject to the
  31-12  Administrative Procedure and Texas Register Act (Article 6252-13a,
  31-13  Vernon's Texas Civil Statutes) and its subsequent amendments.
  31-14        Sec. 19b.  (a)  The enforcement committee appointed under
  31-15  Subsection (a) of Section 14c of this Act on an emergency basis may
  31-16  temporarily suspend the license of a licensee under this Act if the
  31-17  enforcement committee determines from the evidence or information
  31-18  presented to the committee that the continued practice by the
  31-19  licensee constitutes a continuing or imminent threat to the public
  31-20  welfare.
  31-21        (b)  A temporary suspension authorized under Subsection (a)
  31-22  of this section may also be ordered on a vote of two-thirds of the
  31-23  Board.
  31-24        (c)  A license temporarily suspended under this section may
  31-25  be suspended without notice or hearing if, at the time the
  31-26  suspension is ordered, a hearing on whether disciplinary
  31-27  proceedings under this Act should be initiated against the licensee
   32-1  is scheduled to be held not later than the 14th day after the date
   32-2  of the suspension.  A second hearing on the suspended license shall
   32-3  be held not later than the 60th day after the date the suspension
   32-4  was ordered.  If the second hearing is not held in the time
   32-5  required by this subsection, the suspended license is automatically
   32-6  reinstated.
   32-7        (d)  The Board by rule shall adopt procedures for the
   32-8  temporary suspension of a license under this section.
   32-9        SECTION 21.  (a)  As soon as possible on or after the
  32-10  effective date of this Act, the governor shall appoint nine new
  32-11  members to the Texas Board of Chiropractic Examiners in accordance
  32-12  with Section 3, Chapter 94, Acts of the 51st Legislature, Regular
  32-13  Session, 1949 (Article 4512b, Vernon's Texas Civil Statutes), as
  32-14  amended by this Act.  In making the appointments, the governor
  32-15  shall designate three members for terms expiring February 1, 1995,
  32-16  three members for terms expiring February 1, 1997, and three
  32-17  members for terms expiring February 1, 1999.  The members appointed
  32-18  under this subsection may not perform the functions of the board
  32-19  until the day after the date a majority of the new members take
  32-20  office.
  32-21        (b)  Until the date the new members of the Texas Board of
  32-22  Chiropractic Examiners may begin performing the functions of the
  32-23  board under Subsection (a) of this section, the members serving on
  32-24  the board immediately before the effective date of this Act shall
  32-25  continue to carry out the functions of the board.  On the date the
  32-26  new members may begin performing the functions of the board, the
  32-27  offices of the members serving immediately before the effective
   33-1  date of this Act are abolished.
   33-2        (c)  The changes in law made by this Act in the
   33-3  qualifications of and the prohibitions applying to members of the
   33-4  Texas Board of Chiropractic Examiners do not affect the entitlement
   33-5  of a member serving on the board immediately before the effective
   33-6  date of this Act to continue to carry out the functions of the
   33-7  board for the period prescribed by Subsection (b) of this section.
   33-8  The changes in law apply only to a member appointed on or after the
   33-9  effective date of this Act.
  33-10        (d)  The changes in law made by this Act relating to an
  33-11  administrative penalty or civil penalty apply only to a violation
  33-12  of Chapter 94, Acts of the 51st Legislature, Regular Session, 1949
  33-13  (Article 4512b, Vernon's Texas Civil Statutes), or a rule or order
  33-14  adopted by the Texas Board of Chiropractic Examiners that occurs on
  33-15  or after the effective date of this Act.  A violation occurs on or
  33-16  after the effective date of this Act only if each element of the
  33-17  violation occurs on or after that date.  A violation that occurs
  33-18  before the effective date of this Act is governed by the law in
  33-19  effect on the date the violation occurred, and the former law is
  33-20  continued in effect for that purpose.
  33-21        SECTION 22.  This Act takes effect September 1, 1993.
  33-22        SECTION 23.  The importance of this legislation and the
  33-23  crowded condition of the calendars in both houses create an
  33-24  emergency and an imperative public necessity that the
  33-25  constitutional rule requiring bills to be read on three several
  33-26  days in each house be suspended, and this rule is hereby suspended.