1-1 By: Parker, Moncrief S.B. No. 1061
1-2 (In the Senate - Filed March 12, 1993; March 15, 1993, read
1-3 first time and referred to Committee on Health and Human Services;
1-4 May 5, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; May 5, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Zaffirini x
1-10 Ellis x
1-11 Madla x
1-12 Moncrief x
1-13 Nelson x
1-14 Patterson x
1-15 Shelley x
1-16 Truan x
1-17 Wentworth x
1-18 COMMITTEE SUBSTITUTE FOR S.B. No. 1061 By: Moncrief
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the continuation and functions of the Texas Board of
1-22 Chiropractic Examiners and to the regulation of the practice of
1-23 chiropractic; providing penalties.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Section 3, Chapter 94, Acts of the 51st
1-26 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
1-27 Civil Statutes), is amended to read as follows:
1-28 Sec. 3. (a) A Board to be known as "The Texas Board of
1-29 Chiropractic Examiners" is hereby created. No member of said Board
1-30 shall be a member of the faculty or Board of Trustees of any
1-31 chiropractic school; and all appointments to said Board shall be
1-32 subject to the confirmation of the Senate. The Texas Board of
1-33 Chiropractic Examiners, which hereinafter may be referred to as
1-34 "The Board," shall be composed of nine (9) members, appointed by
1-35 the Governor, whose duty it shall be to carry out the purposes and
1-36 enforce the provisions of this Act. Appointments to the Board
1-37 shall be made without regard to the race, color, disability
1-38 <creed>, sex, religion, age, or national origin of the appointees.
1-39 (b) Six (6) members must be reputable practicing
1-40 chiropractors who have resided in this State for a period of five
1-41 (5) years preceding their appointment. Three (3) members must be
1-42 representatives <members> of the general public. A person is not
1-43 eligible for appointment as a public member of the Board if the
1-44 person or the person's spouse:
1-45 (1) is registered, certified, or licensed by an
1-46 occupational regulatory agency in the field of health care;
1-47 (2) is employed by or participates in the management
1-48 of a business entity or other organization regulated by the Board
1-49 or receiving funds from the Board <that provides health-care
1-50 services or that sells, manufactures, or distributes health-care
1-51 supplies or equipment>; or
1-52 (3) owns or<,> controls, <or has,> directly or
1-53 indirectly, more than a 10 <ten> percent <(10%)> interest in a
1-54 business entity or other organization regulated by the Board or
1-55 receiving funds from the Board; or
1-56 (4) uses or receives a substantial amount of tangible
1-57 goods, services, or funds from the Board, other than compensation
1-58 or reimbursement authorized by law for Board membership,
1-59 attendance, or expenses <that provides health care services or that
1-60 sells, manufactures, or distributes health care supplies or
1-61 equipment>.
1-62 (c) Five (5) members of the Board shall constitute a quorum.
1-63 No member of said Board shall be a stockholder, or have any
1-64 financial interest whatsoever in any chiropractic school or
1-65 college.
1-66 (d) An officer, employee, or paid consultant of a Texas
1-67 professional or trade association in the field of health care may
1-68 not be a member or employee of the Board who is exempt from the
2-1 state's position classification plan or is compensated at or above
2-2 the amount prescribed by the General Appropriations Act for step 1,
2-3 salary group 17, of the position classification salary schedule <A
2-4 member or employee of the Board may not be an officer, employee, or
2-5 paid consultant of a statewide or national trade association in the
2-6 health-care industry>.
2-7 (e) A person who is the spouse of, or who is related within
2-8 the first degree by affinity or within the first degree by
2-9 consanguinity to, an officer, manager, or paid consultant of a
2-10 Texas professional or trade association in the field of health care
2-11 may not be a Board member and may not be an employee of the Board
2-12 who is exempt from the state's position classification plan or is
2-13 compensated at or above the amount prescribed by the General
2-14 Appropriations Act for step 1, salary group 17, of the position
2-15 classification salary schedule <member or employee of the Board may
2-16 not be related within the second degree by affinity or within the
2-17 second degree by consanguinity, as determined under Article 5996h,
2-18 Revised Statutes, to a person who is an officer, employee, or paid
2-19 consultant of a statewide or national trade association in the
2-20 regulated industry>.
2-21 (f) For the purposes of Subsections (d) and (e) of this
2-22 section, a Texas professional or trade association is a nonprofit,
2-23 cooperative, and voluntarily joined association of business or
2-24 professional competitors in this state designed to assist its
2-25 members and its industry or profession in dealing with mutual
2-26 business or professional problems and in promoting their common
2-27 interest.
2-28 (g) A person may not serve as a member of the Board or act
2-29 as the general counsel to the Board if the person <who> is required
2-30 to register as a lobbyist under Chapter 305, Government Code,
2-31 because of the person's activities for compensation on behalf of a
2-32 profession related to the operation of the Board <may not serve as
2-33 a member of the Board or act as the general counsel to the
2-34 Board>.
2-35 (h) <(g)> The members of the Texas Board of Chiropractic
2-36 Examiners shall be divided into three (3) classes, one, two and
2-37 three, and are appointed for staggered six-year terms, with three
2-38 members' terms expiring on February 1 of each odd-numbered year
2-39 <their respective terms of office shall be determined by the
2-40 Governor at the time of the first appointments hereunder>. Members
2-41 hold office for their terms <six (6) years> and until their
2-42 successors are duly appointed and qualified. In case of death or
2-43 resignation of a member of the Board, the Governor shall appoint
2-44 another to take his place for the unexpired term only.
2-45 (i) <(h)> The Texas Board of Chiropractic Examiners is
2-46 subject to Chapter 325, Government Code (Texas Sunset Act). Unless
2-47 continued in existence as provided by that chapter, the board is
2-48 abolished and this Act expires September 1, 2005 <1993>.
2-49 SECTION 2. Section 3a, Chapter 94, Acts of the 51st
2-50 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
2-51 Civil Statutes), is amended to read as follows:
2-52 Sec. 3a. (a) The Board shall prepare information of public
2-53 <consumer> interest describing the <regulatory> functions of the
2-54 Board and <describing> the Board's procedures by which <consumer>
2-55 complaints are filed with and resolved by the Board. The Board
2-56 shall make the information available to the <general> public and
2-57 appropriate state agencies.
2-58 (b) The Board by rule shall establish methods by which
2-59 consumers and service recipients are notified of the name, mailing
2-60 address, and telephone number of the Board for the purpose of
2-61 directing complaints to the Board. The Board may provide for that
2-62 notification:
2-63 (1) on each registration form, application, or written
2-64 contract for services of an individual or entity regulated by the
2-65 Board; or
2-66 (2) on a sign prominently displayed in the place of
2-67 business of each individual or entity regulated by the Board.
2-68 (c) The Board shall list along with its regular telephone
2-69 number the toll-free telephone number that may be called to present
2-70 a complaint about a health professional if the toll-free number is
3-1 established under other state law <There shall at all times be
3-2 prominently displayed in the place of business of each licensee
3-3 regulated under this Act a sign containing the name, mailing
3-4 address, and telephone number of the Board and a statement
3-5 informing consumers that complaints against licensees can be
3-6 directed to the Board>.
3-7 SECTION 3. Section 3b, Chapter 94, Acts of the 51st
3-8 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
3-9 Civil Statutes), is amended to read as follows:
3-10 Sec. 3b. (a) It is a ground for removal from the Board if a
3-11 member:
3-12 (1) does not have at the time of appointment the
3-13 qualifications required by Subsection (b) of Section 3 of this Act
3-14 <for appointment to the Board>;
3-15 (2) does not maintain during <the> service on the
3-16 Board the qualifications required by Subsection (b) of Section 3 of
3-17 this Act <for appointment to the Board>;
3-18 (3) violates a prohibition established by Subsection
3-19 (d), (e), or (g) <(f)> of Section 3 of this Act; <or>
3-20 (4) cannot discharge the member's duties for a
3-21 substantial part of the term for which the member is appointed
3-22 because of illness or disability; or
3-23 (5) is absent from more than half <does not attend at
3-24 least one-half> of the regularly scheduled Board meetings that the
3-25 member is eligible to attend during <held by the Board in> a
3-26 calendar year unless the absence is excused by majority vote<,
3-27 excluding meetings held while the person was not a member> of the
3-28 Board.
3-29 (b) The validity of an action of the Board is not affected
3-30 by the fact that it was taken when a ground for removal of a Board
3-31 member exists <of the Board existed>.
3-32 (c) If the executive director has knowledge that a potential
3-33 ground for removal exists, the executive director shall notify the
3-34 president of the Board of the ground. The president shall then
3-35 notify the governor that a potential ground for removal exists.
3-36 SECTION 4. Chapter 94, Acts of the 51st Legislature, Regular
3-37 Session, 1949 (Article 4512b, Vernon's Texas Civil Statutes), is
3-38 amended by adding Section 3c to read as follows:
3-39 Sec. 3c. (a) Each Board member shall comply with the Board
3-40 member training requirements established by any other state agency
3-41 that is given authority to establish the requirements for the
3-42 Board.
3-43 (b) The Board shall provide to its members and employees, as
3-44 often as necessary, information regarding their qualifications for
3-45 office or employment under this Act and their responsibilities
3-46 under applicable laws relating to standards of conduct for state
3-47 officers or employees.
3-48 SECTION 5. Chapter 94, Acts of the 51st Legislature, Regular
3-49 Session, 1949 (Article 4512b, Vernon's Texas Civil Statutes), is
3-50 amended by adding Section 3d to read as follows:
3-51 Sec. 3d. The Board shall develop and implement policies that
3-52 clearly define the respective responsibilities of the Board and the
3-53 staff of the Board.
3-54 SECTION 6. Section 4, Chapter 94, Acts of the 51st
3-55 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
3-56 Civil Statutes), is amended to read as follows:
3-57 Sec. 4. (a) Each member of the Texas Board of Chiropractic
3-58 Examiners shall qualify by taking the Constitutional Oath. At the
3-59 first meeting of said Board after each biennial appointment, the
3-60 Board shall elect <a president,> a vice-president and a
3-61 secretary-treasurer from its members. The governor shall designate
3-62 a member of the Board to act as the president of the Board at the
3-63 pleasure of the governor. Regular meetings shall be held to
3-64 examine applicants and for the transaction of business at least
3-65 twice a year at such time and place as may be determined by the
3-66 Board. Special meetings may be held on a call of three (3) members
3-67 of the Board. The Board may prescribe rules, regulations and
3-68 bylaws in harmony with the provisions of this Act for its own
3-69 proceedings and government for the examination of applicants for
3-70 license to practice chiropractic. The secretary-treasurer shall
4-1 make and file a surety bond in favor of the Texas Board of
4-2 Chiropractic Examiners in the sum of not less than Five Thousand
4-3 Dollars ($5,000) conditioned that he will faithfully discharge the
4-4 duties of his office.
4-5 (b) The Board <Board/commission> is subject to the open
4-6 meetings law, Chapter 271, Acts of the 60th Legislature, Regular
4-7 Session, 1967, as amended (Article 6252-17, Vernon's Texas Civil
4-8 Statutes), and the Administrative Procedure and Texas Register Act,
4-9 as amended (Article 6252-13a, Vernon's Texas Civil Statutes).
4-10 (c) <If the appropriate standing committees of both houses
4-11 of the Legislature acting under Subsection (g), Section 5,
4-12 Administrative Procedure and Texas Register Act, as amended
4-13 (Article 6252-13a, Vernon's Texas Civil Statutes), transmit to the
4-14 Board/commission statements opposing adoption of a rule under that
4-15 section, the rule may not take effect, or if the rule has already
4-16 taken effect, the rule is repealed effective on the date the
4-17 Board/commission receives the committee's statements.>
4-18 <(d)> The Board shall adopt guidelines for educational
4-19 preparation and acceptable practices for all aspects of the
4-20 practice of chiropractic.
4-21 (d) The <(e) On or before January 1 of each year, the>
4-22 Board shall file annually with the Governor and the presiding
4-23 officer of each house of the Legislature a complete and detailed
4-24 written report accounting for all funds received and disbursed by
4-25 the Board during <in> the preceding fiscal year. The annual report
4-26 must be in the form and reported in the time provided by the
4-27 General Appropriations Act.
4-28 (e) <(f)> The executive director or the executive director's
4-29 designee <Board> shall develop an intra-agency <intraagency> career
4-30 ladder program. The program shall require intra-agency posting of
4-31 all<, one part of which shall be the intraagency posting of each
4-32 job-opening with the Board in a> nonentry level positions
4-33 concurrently with any public posting <position. The intraagency
4-34 posting shall be made at least ten (10) days before any public
4-35 posting is made>.
4-36 (f) <(g)> The executive director or the executive director's
4-37 designee <Board> shall develop a system of annual performance
4-38 evaluations <of the Board's employees based on measurable job
4-39 tasks>. All <Any> merit pay for <authorized by the> Board
4-40 employees must <shall> be based on the system established under
4-41 this subsection.
4-42 SECTION 7. Chapter 94, Acts of the 51st Legislature, Regular
4-43 Session, 1949 (Article 4512b, Vernon's Texas Civil Statutes), is
4-44 amended by adding Sections 4c and 4d to read as follows:
4-45 Sec. 4c. (a) The executive director or the executive
4-46 director's designee shall prepare and maintain a written policy
4-47 statement to ensure implementation of a program of equal employment
4-48 opportunity under which all personnel transactions are made without
4-49 regard to race, color, disability, sex, religion, age, or national
4-50 origin. The policy statement must include:
4-51 (1) personnel policies, including policies relating to
4-52 recruitment, evaluation, selection, application, training, and
4-53 promotion of personnel that are in compliance with the Commission
4-54 on Human Rights Act (Article 5221k, Vernon's Texas Civil Statutes)
4-55 and its subsequent amendments;
4-56 (2) a comprehensive analysis of the Board work force
4-57 that meets federal and state guidelines;
4-58 (3) procedures by which a determination can be made of
4-59 significant underutilization in the Board work force of all persons
4-60 for whom federal or state guidelines encourage a more equitable
4-61 balance; and
4-62 (4) reasonable methods to appropriately address those
4-63 areas of underutilization.
4-64 (b) A policy statement prepared under Subsection (a) of this
4-65 section must cover an annual period, be updated annually, be
4-66 reviewed by the Commission on Human Rights for compliance with
4-67 Subsection (a)(1) of this section, and be filed with the governor's
4-68 office.
4-69 (c) The governor's office shall deliver a biennial report to
4-70 the legislature based on the information received under Subsection
5-1 (b) of this section. The report may be made separately or as part
5-2 of other biennial reports to the legislature.
5-3 Sec. 4d. (a) The Board shall develop and implement policies
5-4 that provide the public with a reasonable opportunity to appear
5-5 before the Board and to speak on any issue under the jurisdiction
5-6 of the Board.
5-7 (b) The Board shall prepare and maintain a written plan that
5-8 describes how a person who does not speak English can be provided
5-9 reasonable access to the Board's programs. The Board shall also
5-10 comply with federal and state laws for program and facility
5-11 accessibility.
5-12 SECTION 8. Section 8a, Chapter 94, Acts of the 51st
5-13 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
5-14 Civil Statutes), is amended by amending Subsections (a) and (e) and
5-15 adding Subsection (f) to read as follows:
5-16 (a) Practicing chiropractic as defined in Section 1 of this
5-17 Act without an annual renewal <registration> receipt for the
5-18 current year as provided herein shall have the same force and
5-19 effect and be subject to all penalties of practicing chiropractic
5-20 without a license.
5-21 (e) If a person's license has been expired for one (1) year
5-22 or longer, the person may not renew the license. The person may
5-23 obtain a new license by submitting to reexamination and complying
5-24 with the requirements and procedures for obtaining an original
5-25 license. However, the Board may renew without reexamination an
5-26 expired license of a person who was licensed in this state, moved
5-27 to another state, and is currently licensed and has been in
5-28 practice in the other state for the two years preceding
5-29 application. The person must pay to the Board a fee that is equal
5-30 to the examination fee for the license.
5-31 (f) At least 30 days before the expiration of a person's
5-32 license, the Board shall send written notice of the impending
5-33 license expiration to the person at the licensee's last known
5-34 address according to the records of the Board.
5-35 SECTION 9. Section 8b, Chapter 94, Acts of the 51st
5-36 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
5-37 Civil Statutes), is amended to read as follows:
5-38 Sec. 8b. (a) The provisions of this Act shall apply to all
5-39 persons licensed by the Texas Board of Chiropractic Examiners and
5-40 the annual renewal <registration> fee shall apply to all persons
5-41 licensed by the Texas Board of Chiropractic Examiners, whether or
5-42 not they are practicing within the borders of this State. <As a
5-43 prerequisite to the annual registration or renewal and before the
5-44 chiropractic registration or renewal may be issued, the licensee
5-45 shall present to the Board satisfactory evidence that in the year
5-46 preceding the application for renewal said licensee attended two
5-47 (2) days of continuing educational courses approved by the Board.
5-48 A person licensed by examination during the twelve (12) months
5-49 immediately preceding the January 1st renewal date shall be granted
5-50 renewal without attending the educational programs. Unless the
5-51 exemption provided by this subsection applies, if a licensee fails
5-52 to meet the continuing education requirement the Board may place
5-53 the licensee on probation for a period not to exceed twelve (12)
5-54 months. The Board by rule may set conditions for reinstatement of
5-55 a license during the probationary period. If the licensee fails to
5-56 satisfy the requirements for reinstatement, the licensee may obtain
5-57 a new license only by complying with the requirements and
5-58 procedures for obtaining an original license.>
5-59 (b) The Board shall notify licensees of approved continuing
5-60 education courses at least annually.
5-61 (c) The Board by rule shall adopt requirements for mandatory
5-62 continuing education for licensees under this Act in subjects
5-63 pertaining to the practice of chiropractic. The Board by rule
5-64 shall establish a minimum number of hours of continuing education
5-65 required to renew a license. The Board may assess the continuing
5-66 education needs of licensees and may require licensees to attend
5-67 continuing education courses specified by the Board. The Board by
5-68 rule shall develop a process to evaluate and approve continuing
5-69 education courses.
5-70 (d) The Board shall identify the key factors for the
6-1 competent performance by a licensee of the licensee's professional
6-2 duties. The Board shall adopt a procedure to assess a licensee's
6-3 participation and performance in continuing education programs.
6-4 SECTION 10. Section 8c, Chapter 94, Acts of the 51st
6-5 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
6-6 Civil Statutes), is amended to read as follows:
6-7 Sec. 8c. The Board by rule may adopt a system under which
6-8 licenses <registrations> expire on various dates during the year.
6-9 For the year in which the license expiration date is changed,
6-10 license <registration> fees payable on January 1 shall be prorated
6-11 on a monthly basis so that each licensee <registrant> shall pay
6-12 only that portion of the license <registration> fee that <which> is
6-13 allocable to the number of months during which the license
6-14 <registration> is valid. On renewal of the license <registration>
6-15 on the new expiration date, the total license renewal
6-16 <registration> fee is payable.
6-17 SECTION 11. Section 8d, Chapter 94, Acts of the 51st
6-18 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
6-19 Civil Statutes), is amended by adding Subsection (e) to read as
6-20 follows:
6-21 (e) Rules adopted under this section shall include a time
6-22 limit for a licensee to remain on inactive status.
6-23 SECTION 12. Chapter 94, Acts of the 51st Legislature,
6-24 Regular Session, 1949 (Article 4512b, Vernon's Texas Civil
6-25 Statutes), is amended by adding Section 8e to read as follows:
6-26 Sec. 8e. The Board by rule may provide for the issuance of a
6-27 temporary license. Rules adopted under this section shall include
6-28 a time limit for a person who holds a temporary license.
6-29 SECTION 13. Section 9, Chapter 94, Acts of the 51st
6-30 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
6-31 Civil Statutes), is amended to read as follows:
6-32 Sec. 9. (a) The Texas Board of Chiropractic Examiners may
6-33 upon payment by an applicant of a fee grant a provisional license
6-34 to practice chiropractic to an applicant who presents proof of a
6-35 current license in another state, the District of Columbia, a
6-36 territory of the United States, or a foreign country that maintains
6-37 professional standards considered by the Board to be equivalent to
6-38 those set forth in this Act <licentiates of other states or
6-39 territories having requirements and practices equivalent to those
6-40 established by the laws of this State, provided said applicant has
6-41 continuously practiced chiropractic for not less than five years
6-42 preceding the applicant's application to the Board>. Applications
6-43 for license under the provisions of this Section shall be in
6-44 writing, and upon a form to be prescribed by the Texas Board of
6-45 Chiropractic Examiners. Said application shall be accompanied by a
6-46 license, or a certified copy of license to practice chiropractic,
6-47 lawfully issued to the applicant, upon examination, by some other
6-48 state, the District of Columbia, a <or> territory of the United
6-49 States, or a foreign country. Said application shall also be
6-50 accompanied by an affidavit made by the president or secretary of
6-51 the Board of Chiropractic Examiners which issued the said license,
6-52 or by a legally constituted chiropractic registration officer of
6-53 the state, District of Columbia, <or> territory, or foreign country
6-54 by which the license was granted, and on which the application for
6-55 chiropractic registration in Texas is based, reciting that the
6-56 accompanying license has not been cancelled or revoked, and that
6-57 the statement or qualifications made in the application for
6-58 chiropractic license in Texas is true and correct. Applicants for
6-59 license under the provisions of this Section shall subscribe to an
6-60 oath in writing before an officer authorized by law to administer
6-61 oaths, which shall be a part of said application, stating that the
6-62 license under which the applicant practiced chiropractic in the
6-63 State, the District of Columbia, the foreign country, or the
6-64 territory from which the applicant removed, was at the time of such
6-65 removal in full force, and not suspended or cancelled. Said
6-66 application shall also state that the applicant is the identical
6-67 person to whom the said certificate was issued, and that no
6-68 proceeding has been instituted against the applicant for the
6-69 cancellation of said certificate to practice chiropractic in the
6-70 State, District of Columbia, foreign country, or territory by which
7-1 the same was issued; and that no prosecution is pending against the
7-2 applicant in any State or Federal Court for any offense which,
7-3 under the law of Texas is a felony. An applicant for a provisional
7-4 license under this Section must:
7-5 (1) be licensed in good standing as a chiropractor at
7-6 least two years in another state, the District of Columbia, a
7-7 foreign country, or a territory of the United States that has
7-8 licensing requirements that are substantially equivalent to the
7-9 requirements of this Act;
7-10 (2) have passed a national or other examination
7-11 recognized by the Board relating to the practice of chiropractic;
7-12 and
7-13 (3) be sponsored by a person licensed by the Board
7-14 under this Act with whom the provisional licensee may practice
7-15 under this Section.
7-16 (b) An applicant for a provisional license may be excused
7-17 from the requirement of Subsection (a)(3) of this Section if the
7-18 Board determines that compliance with that subsection constitutes a
7-19 hardship to the applicant.
7-20 (c) A provisional license is valid until the date the Board
7-21 approves or denies the provisional licensee's application for a
7-22 license. The Board shall issue a license under this Act to the
7-23 holder of a provisional license under this Section if:
7-24 (1) the provisional licensee passes the part of the
7-25 examination under Section 10 of this Act that pertains to the
7-26 applicant's knowledge and understanding of the laws and regulations
7-27 relating to the practice of chiropractic in this State;
7-28 (2) the Board verifies that the provisional licensee
7-29 has the academic and experience requirements for a license under
7-30 this Act; and
7-31 (3) the provisional licensee satisfies any other
7-32 license requirements under this Act.
7-33 (d) The Board must complete the processing of a provisional
7-34 licensee's application for a license not later than the 180th day
7-35 after the date the provisional license is issued. The Board may
7-36 extend the 180-day limit if the results on an examination have not
7-37 been received by the Board.
7-38 SECTION 14. Subsections (c) and (e), Section 10, Chapter 94,
7-39 Acts of the 51st Legislature, Regular Session, 1949 (Article 4512b,
7-40 Vernon's Texas Civil Statutes), are amended to read as follows:
7-41 (c) If any applicant, because of failure to pass the
7-42 required examination, shall be refused a license, he or she<, at
7-43 such time as the Texas Board of Chiropractic Examiners may fix, not
7-44 exceeding one (1) year,> shall be permitted to take a subsequent
7-45 examination, upon such subjects required in the original
7-46 examination as the Board may prescribe. The Board by rule shall
7-47 establish the conditions under which an applicant who fails the
7-48 licensing examination may retake the examination and the number of
7-49 times the applicant may retake the examination. The Board may
7-50 require an applicant to fulfill additional educational requirements
7-51 <except that the applicant shall not be required to take a
7-52 re-examination on subjects in which he has made a grade of
7-53 seventy-five per cent (75%) or more, provided the applicant shall
7-54 apply for re-examination within one (1) year>. In the event
7-55 satisfactory grades shall be made in the subjects prescribed and
7-56 taken on such re-examination, the Board shall grant to the
7-57 applicant a license to practice chiropractic. The Board shall
7-58 determine the grade to be given the examinees on the answers turned
7-59 in on the subjects of complete and partial examination, and its
7-60 decision thereupon shall be final.
7-61 (e) Not later than the 30th day <Within thirty (30) days>
7-62 after the day on which a licensing examination is administered
7-63 under this Act, the Board shall notify each examinee of the results
7-64 of the examination. However, if an examination is graded or
7-65 reviewed by a national testing service, the Board shall notify
7-66 examinees of the results of the examination not later than the 14th
7-67 day <within two (2) weeks> after the day that the Board receives
7-68 the results from the testing service. If the notice of the
7-69 examination results graded or reviewed by a national testing
7-70 service will be delayed for longer than 90 <ninety (90)> days after
8-1 the examination date, the Board shall notify the examinee of the
8-2 reason for the delay before the 90th <ninetieth (90th)> day.
8-3 SECTION 15. Subsection (b), Section 11, Chapter 94, Acts of
8-4 the 51st Legislature, Regular Session, 1949 (Article 4512b,
8-5 Vernon's Texas Civil Statutes), is amended to read as follows:
8-6 (b) The Board by rule shall establish reasonable and
8-7 necessary fees so that the fees, in the aggregate, produce
8-8 sufficient revenue to cover the cost of administering this Act.
8-9 The fees set by the Board may be adjusted so that the total fees
8-10 collected shall be sufficient to meet the expenses of administering
8-11 this Act. The Board may not set a fee for an amount less than the
8-12 amount of that fee on September 1, 1993 <for the administration of
8-13 this Act, not to exceed:>
8-14 <(1) annual renewal: $200;>
8-15 <(2) reciprocal license: $200;>
8-16 <(3) examination fee: $120;>
8-17 <(4) reexam fee: $75; and>
8-18 <(5) verification of licensing requirements fee:
8-19 $75>.
8-20 SECTION 16. Section 12, Chapter 94, Acts of the 51st
8-21 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
8-22 Civil Statutes), is amended to read as follows:
8-23 Sec. 12. All examinations for license to practice
8-24 chiropractic shall be conducted in writing in the English language
8-25 and in such manner as to be entirely fair and impartial to all
8-26 applicants. The Board shall have the examination validated by an
8-27 independent testing entity. The Board may use an examination that
8-28 it purchases from a national testing center only if the national
8-29 testing center has the examination validated by an independent
8-30 testing professional. All applicants shall be known to the
8-31 examiners only by numbers, without names or other method of
8-32 identification on examination papers by which members of the Board
8-33 may be able to identify such applicants, or examinees, until after
8-34 the general averages of the examinees' numbers in the class have
8-35 been determined, and license granted or refused. Examinations
8-36 shall be conducted on practical and theoretical chiropractic and in
8-37 the subjects of anatomy-histology, chemistry, bacteriology,
8-38 physiology, symptomatology, pathology and analysis of the human
8-39 spine, and hygiene and public health. Upon satisfactory
8-40 examination, conducted as aforesaid under the rules of the Board,
8-41 which shall consist of an average grade of not less than
8-42 seventy-five per cent (75%) in any one subject, applicants shall be
8-43 granted license to practice chiropractic. All questions and
8-44 answers, with the grades attached, authenticated by the signature
8-45 of the examiner, shall be preserved in the executive office of the
8-46 Board for one (1) year. All applicants examined at the same time
8-47 shall be given identical questions. All certificates shall be
8-48 attested by the seal of the Board, and signed by all members of the
8-49 Board, or a quorum thereof.
8-50 SECTION 17. Chapter 94, Acts of the 51st Legislature,
8-51 Regular Session, 1949 (Article 4512b, Vernon's Texas Civil
8-52 Statutes), is amended by adding Section 12a to read as follows:
8-53 Sec. 12a. The Board shall adopt rules for the licensing and
8-54 regulation of chiropractic facilities as necessary to protect the
8-55 public health, safety, and welfare. A rule adopted by the Board
8-56 under this section must:
8-57 (1) specify the licensing requirements for a
8-58 chiropractic facility;
8-59 (2) set out the structure of the facility licensing
8-60 program; and
8-61 (3) provide that the Board shall issue one facility
8-62 license to an owner of a chiropractic facility without regard to
8-63 the number of chiropractic facilities owned by the owner.
8-64 SECTION 18. Section 14, Chapter 94, Acts of the 51st
8-65 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
8-66 Civil Statutes), is amended to read as follows:
8-67 Sec. 14. (a) The Texas Board of Chiropractic Examiners
8-68 shall revoke or suspend a license, place on probation a person
8-69 whose <probate a> license has been suspended <suspension>, or
8-70 reprimand a licensee, or may impose an administrative penalty, for
9-1 a violation <any violations> of this <the> Act or a rule <rules>
9-2 the Board. If a license suspension is probated, the Board may
9-3 require the licensee to:
9-4 (1) report regularly to the Board on matters that are
9-5 the basis of the probation;
9-6 (2) limit practice to the areas prescribed by the
9-7 Board; or
9-8 (3) continue or review continuing professional
9-9 education until the licensee attains a degree of skill satisfactory
9-10 to the Board in those areas that are the basis of the probation.
9-11 (b) The Board by rule shall develop a system for monitoring
9-12 license holders' compliance with the requirements of this Act.
9-13 Rules adopted under this subsection shall include procedures for
9-14 monitoring a license holder who is ordered by the Board to perform
9-15 certain acts to ascertain that the license holder performs the
9-16 required acts and to identify and monitor license holders who
9-17 represent a risk to the public.
9-18 (c) In addition to the other disciplinary actions authorized
9-19 by this Act, the Board may require that a licensee who violates
9-20 this Act participate in continuing education programs. The Board
9-21 shall specify the continuing education programs that may be
9-22 attended and the number of hours that must be completed by an
9-23 individual licensee to fulfill the requirements of this section.
9-24 (d) The Board by rule shall adopt a schedule of the maximum
9-25 amount of sanctions that may be assessed against a licensee for
9-26 each category of violation of this Act. In establishing the
9-27 schedule of sanctions or in imposing the amount of an
9-28 administrative penalty under this Act, the Board shall consider:
9-29 (1) the seriousness of the violation, including the
9-30 nature, circumstances, extent, or gravity of any prohibited acts,
9-31 and the hazard or potential hazard created to the health, safety,
9-32 or economic welfare of the public;
9-33 (2) the economic harm to property or the environment
9-34 caused by the violation;
9-35 (3) the history of previous violations;
9-36 (4) the amount necessary to deter future violations;
9-37 (5) efforts to correct the violation; and
9-38 (6) any other matter that justice may require.
9-39 (e) The schedule of sanctions shall be used by the State
9-40 Office of Administrative Hearings for any sanction imposed as the
9-41 result of a hearing conducted by that office.
9-42 (f) <(b)> The Board shall keep an information file about
9-43 each complaint filed with the Board <relating to a licensee>. The
9-44 Board's information file shall be kept current and contain a record
9-45 for each complaint of:
9-46 (1) all persons contacted in relation to the
9-47 complaint;
9-48 (2) a summary of findings made at each step of the
9-49 complaint process;
9-50 (3) an explanation of the legal basis and reason for a
9-51 complaint that is dismissed; and
9-52 (4) other relevant information.
9-53 (g) <(c)> If a written complaint is filed with the Board
9-54 that the Board has authority to resolve <relating to a licensee>,
9-55 the Board, at least <as frequently as> quarterly and until final
9-56 disposition of the complaint, shall notify the parties to the
9-57 complaint of the status of the complaint unless the notice would
9-58 jeopardize an undercover investigation.
9-59 (h) <(d)> Any person whose license to practice chiropractic
9-60 has been cancelled, revoked or suspended or on whom an
9-61 administrative penalty has been imposed by the Board may take an
9-62 appeal to any of the district courts in the county of his
9-63 residence, but the decision of the Board shall not be enjoined or
9-64 stayed except on application to such district court after notices
9-65 to the Board.
9-66 (i) <(e)> Upon application, the Board may reissue a license
9-67 to practice chiropractic to a person whose license has been
9-68 cancelled or suspended, but such application, in the case of
9-69 cancellation or revocation, shall not be made prior to one (1) year
9-70 after the cancellation or revocation, and shall be made in such
10-1 manner and form as the Board may require.
10-2 (j) <(f)> If the Board proposes to refuse a person's
10-3 application for a license, to suspend or revoke a person's license,
10-4 or to probate or reprimand a person, the person is entitled to a
10-5 hearing before the Board.
10-6 (k) <(g)> Disciplinary proceedings are governed by the
10-7 Administrative Procedure and Texas Register Act, as amended
10-8 (Article 6252-13a, Vernon's Texas Civil Statutes).
10-9 (l) The Board by rule shall adopt a form to standardize
10-10 information concerning complaints made to the Board. The Board by
10-11 rule shall prescribe information to be provided to a person when
10-12 the person files a complaint with the Board.
10-13 (m) The Board shall provide reasonable assistance to a
10-14 person who wishes to file a complaint with the Board.
10-15 SECTION 19. Chapter 94, Acts of the 51st Legislature,
10-16 Regular Session, 1949 (Article 4512b, Vernon's Texas Civil
10-17 Statutes), is amended by adding Sections 14c, 14d, and 14e to read
10-18 as follows:
10-19 Sec. 14c. (a) The Board shall appoint an enforcement
10-20 committee to oversee and conduct the investigation of complaints
10-21 filed with the Board under this Act and to perform other duties
10-22 related to enforcement as directed by the Board. The enforcement
10-23 committee is composed of:
10-24 (1) two or more Board members, at least one of whom is
10-25 a doctor of chiropractic and at least one of whom is a
10-26 representative of the general public;
10-27 (2) the executive director; and
10-28 (3) a representative of the attorney general's office.
10-29 (b) The Board shall adopt rules concerning the investigation
10-30 of a complaint filed with the Board. The rules adopted under this
10-31 subsection shall:
10-32 (1) distinguish between categories of complaints;
10-33 (2) ensure that complaints are not dismissed without
10-34 appropriate consideration;
10-35 (3) require that the Board be advised of a complaint
10-36 that is dismissed and that a letter be sent to the person who filed
10-37 the complaint explaining the action taken on the dismissed
10-38 complaint;
10-39 (4) ensure that the person who filed the complaint has
10-40 an opportunity to explain the allegations made in the complaint;
10-41 and
10-42 (5) prescribe guidelines concerning the categories of
10-43 complaints that require the use of a private investigator and the
10-44 procedures for the Board to obtain the services of a private
10-45 investigator.
10-46 (c) The Board shall dispose of all complaints in a timely
10-47 manner. The Board shall establish a time line for conducting each
10-48 phase of a complaint that is under the control of the Board not
10-49 later than the 30th day after the date the complaint is received by
10-50 the Board. The time line shall be kept in the information file for
10-51 the complaint and all parties shall be notified of the projected
10-52 time requirements for pursuing the complaint. A change in the time
10-53 line must be noted in the complaint information file and all
10-54 parties to the complaint must be notified not later than the
10-55 seventh day after the date the change is made.
10-56 (d) The executive director of the Board shall notify the
10-57 Board of a complaint that extends beyond the time prescribed by the
10-58 Board for resolving the complaint so that the Board may take
10-59 necessary action on the complaint.
10-60 Sec. 14d. (a) The Board by rule shall adopt procedures
10-61 governing:
10-62 (1) informal disposition of a contested case under
10-63 Section 13(e), Administrative Procedure and Texas Register Act
10-64 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
10-65 subsequent amendments; and
10-66 (2) informal proceedings held in compliance with
10-67 Section 18(c), Administrative Procedure and Texas Register Act
10-68 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
10-69 subsequent amendments.
10-70 (b) Rules adopted under this section must provide the
11-1 complainant and the licensee an opportunity to be heard and must
11-2 require the presence of a representative of the office of the
11-3 attorney general or the Board's legal counsel to advise the Board
11-4 or Board's employees.
11-5 Sec. 14e. (a) An executive director who determines that a
11-6 violation of this Act or a rule or order adopted under this Act has
11-7 occurred may issue to the Board a report that states the facts on
11-8 which the determination is based and the executive director's
11-9 recommendation on the imposition of an administrative penalty,
11-10 including a recommendation on the amount of the penalty.
11-11 (b) Within 14 days after the date the report is issued, the
11-12 executive director shall give written notice of the report to the
11-13 person. The notice may be given by certified mail. The notice
11-14 must include a brief summary of the alleged violation and a
11-15 statement of the amount of the recommended penalty and must inform
11-16 the person that the person has a right to a hearing on the
11-17 occurrence of the violation, the amount of the penalty, or both the
11-18 occurrence of the violation and the amount of the penalty.
11-19 (c) Within 20 days after the date the person receives the
11-20 notice, the person in writing may accept the determination and
11-21 recommended penalty of the executive director or may make a written
11-22 request for a hearing on the occurrence of the violation, the
11-23 amount of the penalty, or both the occurrence of the violation and
11-24 the amount of the penalty.
11-25 (d) If the person accepts the determination and recommended
11-26 penalty of the executive director, the Board by order shall approve
11-27 the determination and impose the recommended penalty.
11-28 (e) If the person requests a hearing or fails to respond
11-29 timely to the notice, the executive director shall set a hearing
11-30 and give notice of the hearing to the person. The hearing shall be
11-31 held by an administrative law judge of the State Office of
11-32 Administrative Hearings. The administrative law judge shall make
11-33 findings of fact and conclusions of law and promptly issue to the
11-34 Board a proposal for a decision about the occurrence of the
11-35 violation and the amount of a proposed penalty. Based on the
11-36 findings of fact, conclusions of law, and proposal for a decision,
11-37 the Board by order may find that a violation has occurred and
11-38 impose a penalty or may find that no violation occurred.
11-39 (f) The notice of the Board's order given to the person
11-40 under the Administrative Procedure and Texas Register Act (Article
11-41 6252-13a, Vernon's Texas Civil Statutes) and its subsequent
11-42 amendments must include a statement of the right of the person to
11-43 judicial review of the order.
11-44 (g) Within 30 days after the date the Board's order is final
11-45 as provided by Section 16(c), Administrative Procedure and Texas
11-46 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes), and
11-47 its subsequent amendments, the person shall:
11-48 (1) pay the amount of the penalty;
11-49 (2) pay the amount of the penalty and file a petition
11-50 for judicial review contesting the occurrence of the violation, the
11-51 amount of the penalty, or both the occurrence of the violation and
11-52 the amount of the penalty; or
11-53 (3) without paying the amount of the penalty, file a
11-54 petition for judicial review contesting the occurrence of the
11-55 violation, the amount of the penalty, or both the occurrence of the
11-56 violation and the amount of the penalty.
11-57 (h) Within the 30-day period, a person who acts under
11-58 Subsection (g)(3) of this section may:
11-59 (1) stay enforcement of the penalty by:
11-60 (A) paying the amount of the penalty to the
11-61 court for placement in an escrow account; or
11-62 (B) giving to the court a supersedeas bond
11-63 approved by the court for the amount of the penalty and that is
11-64 effective until all judicial review of the Board's order is final;
11-65 or
11-66 (2) request the court to stay enforcement of the
11-67 penalty by:
11-68 (A) filing with the court a sworn affidavit of
11-69 the person stating that the person is financially unable to pay the
11-70 amount of the penalty and is financially unable to give the
12-1 supersedeas bond; and
12-2 (B) giving a copy of the affidavit to the
12-3 executive director by certified mail.
12-4 (i) An executive director who receives a copy of an
12-5 affidavit under Subsection (h)(2) of this section may file with the
12-6 court, within five days after the date the copy is received, a
12-7 contest to the affidavit. The court shall hold a hearing on the
12-8 facts alleged in the affidavit as soon as practicable and shall
12-9 stay the enforcement of the penalty on finding that the alleged
12-10 facts are true. The person who files an affidavit has the burden
12-11 of proving that the person is financially unable to pay the amount
12-12 of the penalty and to give a supersedeas bond.
12-13 (j) If the person does not pay the amount of the penalty and
12-14 the enforcement of the penalty is not stayed, the executive
12-15 director may refer the matter to the attorney general for
12-16 collection of the amount of the penalty.
12-17 (k) Judicial review of the order of the Board:
12-18 (1) is instituted by filing a petition as provided by
12-19 Section 19, Administrative Procedure and Texas Register Act
12-20 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
12-21 subsequent amendments; and
12-22 (2) is under the substantial evidence rule.
12-23 SECTION 20. Chapter 94, Acts of the 51st Legislature,
12-24 Regular Session, 1949 (Article 4512b, Vernon's Texas Civil
12-25 Statutes), is amended by adding Sections 19a and 19b to read as
12-26 follows:
12-27 Sec. 19a. (a) The Board may impose an administrative
12-28 penalty against a person licensed or regulated under this Act who
12-29 violates this Act or a rule or order adopted under this Act. The
12-30 penalty for a violation may be in an amount not to exceed $1,000.
12-31 Each day a violation continues or occurs is a separate violation
12-32 for purposes of imposing a penalty.
12-33 (b) A person who violates this Act or a rule adopted by the
12-34 Board under this Act is liable to the state for a civil penalty of
12-35 $1,000 for each day of violation. At the request of the Board, the
12-36 attorney general shall bring an action to recover a civil penalty
12-37 authorized under this subsection.
12-38 (c) If a court sustains the occurrence of the violation
12-39 after the court reviews the order of the Board imposing an
12-40 administrative penalty, the court may uphold or reduce the amount
12-41 of the administrative penalty and order the person to pay the full
12-42 or reduced amount of the penalty. If a court does not sustain the
12-43 occurrence of the violation, the court shall order that no
12-44 administrative penalty is owed.
12-45 (d) When the judgment of the court becomes final, the court
12-46 shall proceed under this subsection. If the person paid the amount
12-47 of the administrative penalty and if that amount is reduced or is
12-48 not upheld by the court, the court shall order that the appropriate
12-49 amount plus accrued interest be remitted to the person. The rate
12-50 of the interest is the rate charged on loans to depository
12-51 institutions by the New York Federal Reserve Bank, and the interest
12-52 shall be paid for the period beginning on the date the
12-53 administrative penalty was paid and ending on the date the penalty
12-54 is remitted. If the person gave a supersedeas bond and if the
12-55 amount of the administrative penalty is not upheld by the court,
12-56 the court shall order the release of the bond. If the person gave
12-57 a supersedeas bond and if the amount of the administrative penalty
12-58 is reduced, the court shall order the release of the bond after the
12-59 person pays the amount.
12-60 (e) An administrative penalty collected under this section
12-61 shall be remitted to the comptroller for deposit in the general
12-62 revenue fund. The Board may retain five percent of a penalty
12-63 collected under this section to finance a Board-approved peer
12-64 assistance program for chiropractors.
12-65 (f) All proceedings under this section other than a
12-66 proceeding to collect a civil penalty are subject to the
12-67 Administrative Procedure and Texas Register Act (Article 6252-13a,
12-68 Vernon's Texas Civil Statutes) and its subsequent amendments.
12-69 Sec. 19b. (a) The enforcement committee appointed under
12-70 Subsection (a) of Section 14c of this Act on an emergency basis may
13-1 temporarily suspend the license of a licensee under this Act if the
13-2 enforcement committee determines from the evidence or information
13-3 presented to the committee that the continued practice by the
13-4 licensee constitutes a continuing or imminent threat to the public
13-5 welfare.
13-6 (b) A temporary suspension authorized under Subsection (a)
13-7 of this section may also be ordered on a majority vote of the
13-8 Board.
13-9 (c) A license temporarily suspended under this section may
13-10 be suspended without notice or hearing if, at the time the
13-11 suspension is ordered, a hearing on whether disciplinary
13-12 proceedings under this Act should be initiated against the licensee
13-13 is scheduled to be held not later than the 14th day after the date
13-14 of the suspension. A second hearing on the suspended license shall
13-15 be held not later than the 60th day after the date the suspension
13-16 was ordered. If the second hearing is not held in the time
13-17 required by this subsection, the suspended license is automatically
13-18 reinstated.
13-19 (d) The Board by rule shall adopt procedures for the
13-20 temporary suspension of a license under this section.
13-21 SECTION 21. (a) As soon as possible on or after the
13-22 effective date of this Act, the governor shall appoint nine new
13-23 members to the Texas Board of Chiropractic Examiners in accordance
13-24 with Section 3, Chapter 94, Acts of the 51st Legislature, Regular
13-25 Session, 1949 (Article 4512b, Vernon's Texas Civil Statutes), as
13-26 amended by this Act. In making the appointments, the governor
13-27 shall designate three members for terms expiring February 1, 1995,
13-28 three members for terms expiring February 1, 1997, and three
13-29 members for terms expiring February 1, 1999. The members appointed
13-30 under this subsection may not perform the functions of the board
13-31 until the day after the date a majority of the new members take
13-32 office.
13-33 (b) Until the date the new members of the Texas Board of
13-34 Chiropractic Examiners may begin performing the functions of the
13-35 board under Subsection (a) of this section, the members serving on
13-36 the board immediately before the effective date of this Act shall
13-37 continue to carry out the functions of the board. On the date the
13-38 new members may begin performing the functions of the board, the
13-39 offices of the members serving immediately before the effective
13-40 date of this Act are abolished.
13-41 (c) The changes in law made by this Act in the
13-42 qualifications of and the prohibitions applying to members of the
13-43 Texas Board of Chiropractic Examiners do not affect the entitlement
13-44 of a member serving on the board immediately before the effective
13-45 date of this Act to continue to carry out the functions of the
13-46 board for the period prescribed by Subsection (b) of this section.
13-47 The changes in law apply only to a member appointed on or after the
13-48 effective date of this Act.
13-49 (d) The changes in law made by this Act relating to an
13-50 administrative penalty or civil penalty apply only to a violation
13-51 of Chapter 94, Acts of the 51st Legislature, Regular Session, 1949
13-52 (Article 4512b, Vernon's Texas Civil Statutes), or a rule or order
13-53 adopted by the Texas Board of Chiropractic Examiners that occurs on
13-54 or after the effective date of this Act. A violation occurs on or
13-55 after the effective date of this Act only if each element of the
13-56 violation occurs on or after that date. A violation that occurs
13-57 before the effective date of this Act is governed by the law in
13-58 effect on the date the violation occurred, and the former law is
13-59 continued in effect for that purpose.
13-60 SECTION 22. This Act takes effect September 1, 1993.
13-61 SECTION 23. The importance of this legislation and the
13-62 crowded condition of the calendars in both houses create an
13-63 emergency and an imperative public necessity that the
13-64 constitutional rule requiring bills to be read on three several
13-65 days in each house be suspended, and this rule is hereby suspended.
13-66 * * * * *
13-67 Austin,
13-68 Texas
13-69 May 5, 1993
13-70 Hon. Bob Bullock
14-1 President of the Senate
14-2 Sir:
14-3 We, your Committee on Health and Human Services to which was
14-4 referred S.B. No. 1061, have had the same under consideration, and
14-5 I am instructed to report it back to the Senate with the
14-6 recommendation that it do not pass, but that the Committee
14-7 Substitute adopted in lieu thereof do pass and be printed.
14-8 Zaffirini,
14-9 Chair
14-10 * * * * *
14-11 WITNESSES
14-12 FOR AGAINST ON
14-13 ___________________________________________________________________
14-14 Name: Joey Longley x
14-15 Representing: Sunset Commission
14-16 City: Austin
14-17 -------------------------------------------------------------------
14-18 Name: Paul Wageman x
14-19 Representing: Sunset Commission
14-20 City: Dallas
14-21 -------------------------------------------------------------------
14-22 Name: Michael R. Martin x
14-23 Representing: TX Chiropractic Asso
14-24 City: Plano
14-25 -------------------------------------------------------------------
14-26 FOR AGAINST ON
14-27 ___________________________________________________________________
14-28 Name: J. P. Word x
14-29 Representing: TX Chiropratic Asso
14-30 City: Austin
14-31 -------------------------------------------------------------------