By Parker                                             S.B. No. 1424
          Substitute the following for S.B. No. 1424:
          By Berlanga                                       C.S.S.B. No. 1424
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of psychologists and to the continuation
    1-3  of the Texas State Board of Examiners of Psychologists; providing
    1-4  penalties.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 2(c), Psychologists' Certification and
    1-7  Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
    1-8  amended to read as follows:
    1-9        (c)  The term "psychological services," means acts or
   1-10  behaviors coming within the purview of the practice of psychology.
   1-11  The practice of psychology is an offering to the public or
   1-12  rendering to individuals or groups any service, including
   1-13  computerized procedures, that involves but is not restricted to the
   1-14  application of established principles, methods, and procedures of
   1-15  describing, explaining, and ameliorating behavior.  The practice of
   1-16  psychology addresses normal behavior and the evaluation,
   1-17  prevention, and remediation of psychological, emotional, mental,
   1-18  interpersonal, learning, and behavioral disorders of individuals
   1-19  and groups, as well as the psychological concomitants of medical
   1-20  problems, organizational structures, stress, and health.  The
   1-21  practice of psychology includes the use of projective techniques,
   1-22  neuropsychological testing, counseling, career counseling,
   1-23  psychotherapy, hypnosis for health care purposes, hypnotherapy, and
   1-24  biofeedback and the evaluation and treatment of mental or emotional
    2-1  disorders and disabilities.   The practice of psychology is based
    2-2  on a systematic body of knowledge and principles acquired in an
    2-3  organized program of graduate study and on the standards of ethics
    2-4  established by the profession.
    2-5        SECTION 2.  Section 4(c), Psychologists' Certification and
    2-6  Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
    2-7  amended to read as follows:
    2-8        (c)  Appointments to the Board shall be made without regard
    2-9  to the race, ethnicity <creed>, disability, sex, sexual
   2-10  orientation, religion, age, socioeconomic status, or national
   2-11  origin of the appointees.
   2-12        SECTION 3.  Section 4a, Psychologists' Certification and
   2-13  Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
   2-14  amended to read as follows:
   2-15        Sec. 4a.  Sunset provision.  The Texas State Board of
   2-16  Examiners of Psychologists is subject to Chapter 325, Government
   2-17  Code (Texas Sunset Act).  Unless continued in existence as provided
   2-18  by that chapter, the Board is abolished and this Act expires
   2-19  September 1, 2005 <1993>.
   2-20        SECTION 4.  Sections 5(b), (c), (d), (e), (g), and (h),
   2-21  Psychologists' Certification and Licensing Act (Article 4512c,
   2-22  Vernon's Texas Civil Statutes), are amended to read as follows:
   2-23        (b)  Four <Six> members must be persons licensed or certified
   2-24  as psychologists under this Act, who have engaged in independent
   2-25  practice, teaching, or research in psychology for a period of at
   2-26  least five years.  To assure adequate representation of the diverse
   2-27  fields of psychology, the governor shall so make his appointments
    3-1  that at least two of these members are engaged in rendering
    3-2  services in psychology, at least one of these members is engaged in
    3-3  research in psychology, and at least one of these members is a
    3-4  member of the faculty of a training institution in psychology.
    3-5        (c)  Two members <One member> must be licensed <certified> as
    3-6  <a> psychological associates <associate> under this Act for at
    3-7  least five years.
    3-8        (d)  Three <Two> members must be representatives of the
    3-9  general public.  A person is not eligible for appointment as a
   3-10  public member of the Board if the person or the person's spouse:
   3-11              (1)  is registered, certified, or licensed by an
   3-12  occupational regulatory agency in the field of health services
   3-13  <care>;
   3-14              (2)  is employed by or participates in the management
   3-15  of a business entity or other organization regulated by the Board
   3-16  or receiving funds from the Board <that provides health-care
   3-17  services or that sells, manufactures, or distributes health-care
   3-18  supplies or equipment>; <or>
   3-19              (3)  owns or<,> controls, <or has,> directly or
   3-20  indirectly, more than a 10 percent interest in a business entity or
   3-21  other organization regulated by the Board or receiving funds from
   3-22  the Board; or
   3-23              (4)  uses or receives a substantial amount of tangible
   3-24  goods, services, or funds from the Board, other than compensation
   3-25  or reimbursement authorized by law for Board membership,
   3-26  attendance, or expenses <that provides health-care services or that
   3-27  sells, manufactures, or distributes health-care supplies or
    4-1  equipment>.
    4-2        (e)(1)  It is a ground for removal from the Board if a
    4-3  member:
    4-4                    (A) <(1)>  does not have at the time of
    4-5  appointment the qualifications required by Subsection (a), (b),
    4-6  (c), or (d) of this section <for appointment to the Board>;
    4-7                    (B) <(2)>  does not maintain during the service
    4-8  on the Board the qualifications required by Subsection (a), (b),
    4-9  (c), or (d) of this section <for appointment to the Board>;
   4-10                    (C) <(3)>  violates a prohibition established by
   4-11  Subsection (g) or (h) of this section; <or>
   4-12                    (D)  cannot discharge the member's duties for a
   4-13  substantial part of the term for which the member is appointed
   4-14  because of illness or disability; or
   4-15                    (E)  is absent from more than half <(4)  does not
   4-16  attend at least one-half> of the regularly scheduled Board meetings
   4-17  that the member is eligible to attend during <held by the Board in>
   4-18  a calendar year unless the absence is excused by a majority vote<,
   4-19  excluding meetings held while the person was not a member> of the
   4-20  Board.
   4-21              (2)  The validity of an action of the Board is not
   4-22  affected by the fact that it is taken when a ground for removal of
   4-23  a Board member exists.
   4-24              (3)  If the executive director has knowledge that a
   4-25  potential ground for removal exists, the executive director shall
   4-26  notify the governor and the attorney general that a potential
   4-27  ground for removal exists.
    5-1        (g)(1)  An <A member or employee of the Board may not be an>
    5-2  officer, employee, or paid consultant of a Texas trade association
    5-3  in the <psychology> field of health services may not be a member or
    5-4  employee of the Board who is exempt from the state's position
    5-5  classification plan or is compensated at or above the amount
    5-6  prescribed by the General Appropriations Act for step 1, salary
    5-7  group 17, of the position classification salary schedule.
    5-8              (2)  A person who is the spouse of an officer, manager,
    5-9  or paid consultant of a Texas trade association in the field of
   5-10  health services may not be a Board member and may not be an
   5-11  employee of the Board who is exempt from the state's position
   5-12  classification plan or is compensated at or above the amount
   5-13  prescribed by the General Appropriations Act for step 1, salary
   5-14  group 17, of the position classification salary schedule.
   5-15              (3)  For the purposes of this subsection, a Texas trade
   5-16  association is a nonprofit, cooperative, and voluntarily joined
   5-17  association of business or professional competitors in this state
   5-18  designed to assist its members and its industry or profession in
   5-19  dealing with mutual business or professional problems and in
   5-20  promoting their common interest<.  A member or employee of the
   5-21  Board may not be related within the second degree by affinity or
   5-22  within the second degree by consanguinity, as determined under
   5-23  Article 5996h, Revised Statutes, to a person who is an officer,
   5-24  employee, or paid consultant of a trade association in the
   5-25  regulated industry>.
   5-26        (h)  A person <who is required to register as a lobbyist
   5-27  under Chapter 305, Government Code,> may not serve as a member of
    6-1  the board or act as the general counsel to the Board if the person
    6-2  is required to register as a lobbyist under Chapter 305, Government
    6-3  Code, and its subsequent amendments, because of the person's
    6-4  activities for compensation on behalf of a profession related to
    6-5  the operation of the Board.
    6-6        SECTION 5.  Section 7, Psychologists' Certification and
    6-7  Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
    6-8  amended to read as follows:
    6-9        Sec. 7.  Organization and Meetings of the Board.  (a)  The
   6-10  Board shall hold a regular annual meeting at which it shall select
   6-11  from its members a chairperson and a vice-chairperson.  Other
   6-12  regular meetings shall be held at such times as the rules of the
   6-13  Board may provide but not less than two times a year.  Special
   6-14  meetings may be held at such times as may be deemed necessary or
   6-15  advisable by the Board or a majority of its members.  Reasonable
   6-16  notice of all meetings shall be given in the manner prescribed by
   6-17  the rules of the Board.  A quorum of the Board shall consist of a
   6-18  majority of its members.
   6-19        (b)  The executive director of the Board shall be employed by
   6-20  the Board and shall hold that position at the pleasure of the
   6-21  Board.  The Board may employ such other persons as it deems
   6-22  necessary or desirable, including investigators, lawyers,
   6-23  consultants, and administrative staff, to carry out the provisions
   6-24  of this Act.
   6-25        (c)  The Board shall develop and implement policies that
   6-26  clearly define the respective responsibilities of the Board and the
   6-27  staff of the Board.
    7-1        (d)  The Board shall adopt and have an official seal.
    7-2        SECTION 6.  Sections 8(c), (d), (e), (j), (k), and (l),
    7-3  Psychologists' Certification and Licensing Act (Article 4512c,
    7-4  Vernon's Texas Civil Statutes), are amended to read as follows:
    7-5        (c)  The Board shall prepare information of public <consumer>
    7-6  interest describing the <regulatory> functions of the Board and
    7-7  <describing> the Board's procedures by which <consumer> complaints
    7-8  are filed with and resolved by the Board.  The Board shall make
    7-9  information available to the <general> public and appropriate state
   7-10  agencies.
   7-11        (d)  The Board by rule shall establish methods by which
   7-12  consumers and service recipients are notified of <Each written
   7-13  contract for services in this state of a licensed or certified
   7-14  psychologist must contain> the name, mailing address, and telephone
   7-15  number of the Board for the purpose of directing complaints to the
   7-16  Board.  The Board may provide for that notification:
   7-17              (1)  on each registration form, application, or written
   7-18  contract for services of an individual or entity regulated by the
   7-19  Board;
   7-20              (2)  on a sign prominently displayed in the place of
   7-21  business of each individual or entity regulated by the Board; or
   7-22              (3)  in a bill for service provided by an individual or
   7-23  entity regulated by the Board.
   7-24        (e)  The Board shall list along with its regular telephone
   7-25  number the toll-free telephone number that may be called to present
   7-26  a complaint about a health professional if the toll-free number is
   7-27  established under other state law <There shall at all times be
    8-1  prominently displayed in the place of business of each licensee
    8-2  regulated under this Act a sign containing the name, mailing
    8-3  address, and telephone number of the Board and a statement
    8-4  informing consumers that complaints against licensees can be
    8-5  directed to the Board>.
    8-6        (j)  The Board shall establish mandatory <may recognize,
    8-7  prepare, or administer> continuing education programs for persons
    8-8  regulated by the Board under this Act.  The Board by rule shall
    8-9  establish a minimum number of hours of continuing education
   8-10  required to renew a license or certificate under this Act.  The
   8-11  Board may assess the continuing education needs of license or
   8-12  certificate holders and may require license or certificate holders
   8-13  to attend continuing education courses specified by the Board.  The
   8-14  Board by rule shall develop a process to evaluate and approve
   8-15  continuing education courses.  The Board shall identify the key
   8-16  factors for the competent performance by a license or certificate
   8-17  holder of the license or certificate holder's professional duties.
   8-18  The Board shall adopt a procedure to assess a license or
   8-19  certificate holder's participation in continuing education programs
   8-20  <Participation in the programs is voluntary>.
   8-21        (k)  The executive director or the executive director's
   8-22  designee <Board> shall develop an intraagency career ladder
   8-23  program<, one part of which shall be the intraagency posting of
   8-24  each job opening with the Board in a nonentry level position>.  The
   8-25  program shall require intraagency postings of all nonentry level
   8-26  positions concurrently with <posting shall be made at least 10 days
   8-27  before> any public posting <is made>.
    9-1        (l)  The executive director or the executive director's
    9-2  designee <Board> shall develop a system of annual performance
    9-3  evaluations <of the Board's employees based on measurable job
    9-4  tasks>.  All <Any> merit pay for Board employees must <authorized
    9-5  by the Board shall> be based on the system established under this
    9-6  subsection.
    9-7        SECTION 7.  The Psychologists' Certification and Licensing
    9-8  Act (Article 4512c, Vernon's Texas Civil Statutes), is amended by
    9-9  adding Sections 8A, 8B, 8C, and 8D to read as follows:
   9-10        Sec. 8A.  EQUAL EMPLOYMENT OPPORTUNITY POLICIES.  (a)  The
   9-11  executive director or the executive director's designee shall
   9-12  prepare and maintain a written policy statement to ensure
   9-13  implementation of a program of equal employment opportunity under
   9-14  which all personnel transactions are made without regard to race,
   9-15  color, disability, sex, religion, age, or national origin.  The
   9-16  policy statement must include:
   9-17              (1)  personnel policies, including policies relating to
   9-18  recruitment, evaluation, selection, application, training, and
   9-19  promotion of personnel that are in compliance with the Commission
   9-20  on Human Rights Act (Article 5221k, Vernon's Texas Civil Statutes)
   9-21  and its subsequent amendments;
   9-22              (2)  a comprehensive analysis of the Board work force
   9-23  that meets federal and state guidelines;
   9-24              (3)  procedures by which a determination can be made of
   9-25  significant underuse in the Board work force of all persons for
   9-26  whom federal or state guidelines encourage a more equitable
   9-27  balance; and
   10-1              (4)  reasonable methods to appropriately address those
   10-2  areas of underuse.
   10-3        (b)  A policy statement prepared under Subsection (a) of this
   10-4  section must cover an annual period, be updated annually, be
   10-5  reviewed by the Commission on Human Rights for compliance with
   10-6  Subsection (a)(1) of this section, and be filed with the governor's
   10-7  office.
   10-8        (c)  The governor's office shall deliver a biennial report to
   10-9  the legislature based on the information received under Subsection
  10-10  (b)  of this section.  The report may be made separately or as part
  10-11  of other biennial reports to the legislature.
  10-12        Sec. 8B.  PUBLIC PARTICIPATION IN BOARD HEARINGS.  The Board
  10-13  shall develop and implement policies that provide the public with a
  10-14  reasonable opportunity to appear before the Board and to speak on
  10-15  any issue under the jurisdiction of the Board.
  10-16        Sec. 8C.  PROGRAM ACCESSIBILITY.  The Board shall prepare and
  10-17  maintain a written plan that describes how a person who does not
  10-18  speak English can be provided reasonable access to the Board's
  10-19  programs.  The Board shall also comply with federal and state laws
  10-20  for program and facility accessibility.
  10-21        Sec. 8D.  TRAINING AND GUIDELINES FOR MEMBERS OF THE BOARD.
  10-22  (a)  The Board shall establish a training program for the members
  10-23  of the Board.
  10-24        (b)  Before a member of the Board may assume the member's
  10-25  duties and before the member may be confirmed by the senate, the
  10-26  member must complete at least one course of the training program
  10-27  established under this section.
   11-1        (c)  A training program established under this section shall
   11-2  provide information to a participant regarding:
   11-3              (1)  the enabling legislation that created the Board to
   11-4  which the member is appointed;
   11-5              (2)  the programs operated by the Board;
   11-6              (3)  the role and functions of the Board;
   11-7              (4)  the rules of the Board with an emphasis on the
   11-8  rules that relate to disciplinary and investigatory authority;
   11-9              (5)  the current budget for the Board;
  11-10              (6)  the results of the most recent formal audit of the
  11-11  Board;
  11-12              (7)  the requirements of the:
  11-13                    (A)  open meetings law, Chapter 271, Acts of the
  11-14  60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
  11-15  Texas Civil Statutes);
  11-16                    (B)  open records law, Chapter 424, Acts of the
  11-17  63rd Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
  11-18  Texas Civil Statutes); and
  11-19                    (C)  Administrative Procedure and Texas Register
  11-20  Act (Article 6252-13a, Vernon's Texas Civil Statutes);
  11-21              (8)  the requirements of the conflict of interest laws
  11-22  and other laws relating to public officials; and
  11-23              (9)  any applicable ethics policies adopted by the
  11-24  Board or the Texas Ethics Commission.
  11-25        (d)  In developing the training requirements provided for in
  11-26  this section, the Board shall consult with the governor's office,
  11-27  attorney general's office, and Texas Ethics Commission.
   12-1        (e)  If another state agency or entity is given the authority
   12-2  to establish the training requirements, the Board shall allow that
   12-3  training in lieu of developing the Board's program.
   12-4        SECTION 8.  Section 9, Psychologists' Certification and
   12-5  Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
   12-6  amended to read as follows:
   12-7        Sec. 9.  Receipts and Disbursements.  All money paid to the
   12-8  Board <The executive director of the Board shall receive and
   12-9  account for all monies derived> under this Act<.  The executive
  12-10  director> shall be deposited in the state treasury <pay these
  12-11  monies weekly to the State Treasurer who shall keep them in a
  12-12  separate fund to be known as the "Psychologists Licensing Fund."
  12-13  Monies may be paid out of this fund only by warrant drawn by the
  12-14  State Comptroller upon the State Treasurer, upon itemized voucher,
  12-15  approved by the chairperson of the Board or the executive director
  12-16  of the Board.  The financial transactions of the Psychologists
  12-17  Licensing Fund are subject to audit by the Auditor of the State of
  12-18  Texas in accordance with Chapter 321, Government Code.  The
  12-19  executive director of the Board shall give a surety bond for the
  12-20  faithful performance of his duties to the governor in the sum of
  12-21  Ten Thousand Dollars ($10,000.00) or an amount recommended by the
  12-22  State Auditor.  The premium for this bond shall be paid out of the
  12-23  Psychologists Licensing Fund.  The Board may make expenditures from
  12-24  this fund for any purpose which is reasonably necessary to carry
  12-25  out the provisions of this Act, including the advance payment of an
  12-26  amount not to exceed 80 percent of the travel expenses of a witness
  12-27  called by the Board to testify on the Board's behalf>.
   13-1        SECTION 9.  Section 10, Psychologists' Certification and
   13-2  Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
   13-3  amended to read as follows:
   13-4        Sec. 10.  ANNUAL REPORT OF THE BOARD.  The <As soon as
   13-5  practicable after the close of each fiscal year, the> Board shall
   13-6  file annually with <submit a report to> the governor and the
   13-7  presiding officer of each House of the Legislature a complete and
   13-8  detailed written report accounting for all funds received and
   13-9  disbursed by <concerning the work of> the Board during the
  13-10  preceding fiscal year.  The annual report must be in the form and
  13-11  reported in the time provided by the General Appropriations Act.
  13-12        SECTION 10.  Section 11, Psychologists' Certification and
  13-13  Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
  13-14  amended by amending Subsection (d) and adding Subsection (e) to
  13-15  read as follows:
  13-16        (d)  In addition to the requirements of Subsection (b) or (c)
  13-17  of this section, the applicant must meet the following
  13-18  qualifications:
  13-19              (1)  the applicant has attained the age of majority;
  13-20              (2)  the applicant is of good moral character;
  13-21              (3)  in the judgment of the Board, the applicant is
  13-22  physically and mentally competent to render psychological services
  13-23  with reasonable skill and safety and is afflicted with no disease
  13-24  or condition, either mental or physical, which would impair
  13-25  competency to render psychological services; and
  13-26              (4)  the applicant:
  13-27                    (A)  has not been convicted of a felony or a
   14-1  crime involving moral turpitude;
   14-2                    (B) does not use drugs or intoxicating liquors to
   14-3  an extent that affects the applicant's professional competency;
   14-4                    (C) has not been guilty of fraud or deceit in
   14-5  making the application;
   14-6                    (D)  except as provided by Section 15B of this
   14-7  Act, has not aided or abetted a person, not a licensed
   14-8  psychologist, in representing that person as a psychologist in this
   14-9  state;
  14-10                    (E)  except as provided by Section 15B of this
  14-11  Act, has not represented himself or herself to be a psychologist
  14-12  licensed in this state at a time he or she was not licensed to
  14-13  practice psychology in this state, or practiced psychology in this
  14-14  state without a license to practice psychology in this state.<;>
  14-15        (e)  Approval of an applicant to take the examination for
  14-16  certification shall be made without regard to the age, sex, race,
  14-17  ethnicity, national origin, religion, sexual orientation,
  14-18  disability, or socioeconomic status of the applicant.
  14-19        SECTION 11.  Section 14(a), Psychologists' Certification and
  14-20  Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
  14-21  amended to read as follows:
  14-22        (a)  The Board shall administer examinations to qualified
  14-23  applicants for certification at least once a year.  The Board shall
  14-24  have the written portion of the examination, if any, validated by
  14-25  an independent testing professional.  The Board shall determine the
  14-26  subject and scope of the examinations and establish appropriate
  14-27  fees for examinations administered.  Part of the examinations shall
   15-1  test applicant knowledge of the discipline and profession of
   15-2  psychology and part shall test applicant knowledge of the laws and
   15-3  rules governing the profession of psychology in this state.  This
   15-4  latter part of the examination is to be known as the Board's
   15-5  jurisprudence examination.  An applicant who fails his examination
   15-6  may be reexamined at intervals specified by the Board upon payment
   15-7  of another examination fee corresponding to the examination failed.
   15-8        SECTION 12.  Section 15A, Psychologists' Certification and
   15-9  Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
  15-10  amended to read as follows:
  15-11        Sec. 15A.  Endorsement <Reciprocity>.  (a)  The Board may
  15-12  grant a provisional license or certificate to an <An> applicant <is
  15-13  entitled to certification or licensure> on submission to the Board
  15-14  of an application in the form prescribed by the Board and payment
  15-15  of the required application fees if:
  15-16              (1)  the individual is licensed, certified, or
  15-17  registered as a psychologist or psychological associate by another
  15-18  state, the District of Columbia, or a commonwealth or territory of
  15-19  the United States and is in good standing with the regulatory
  15-20  agency of that jurisdiction;
  15-21              (2)  the requirements for licensing, certification, or
  15-22  registration in the other jurisdiction are substantially equal to
  15-23  those prescribed by this Act;
  15-24              (3)  <the individual has engaged in the practice of
  15-25  psychology for not less than five years on the date of application
  15-26  for certification; and>
  15-27              <(4)>  the individual has passed a national or other
   16-1  <the Board's jurisprudence> examination recognized by the Board
   16-2  relating to psychology; and
   16-3              (4)  the individual is sponsored by a person licensed
   16-4  or certified by the Board under this Act with whom the provisional
   16-5  license or certificate holder may practice under this section.
   16-6        (b)  An applicant for a provisional license or certificate
   16-7  may be excused from the requirement of Subsection (a)(4) of this
   16-8  section if the Board determines that compliance with that
   16-9  subsection constitutes a hardship to the applicant.
  16-10        (c)  A provisional license or certificate is valid until the
  16-11  date the Board approves or denies the provisional license or
  16-12  certificate holder's application for a license or certificate.  The
  16-13  Board shall issue a license or certificate under this Act to the
  16-14  holder of a provisional license or certificate under this section
  16-15  if:
  16-16              (1)  the provisional license or certificate holder
  16-17  passes the examination required by Section 14 of this Act;
  16-18              (2)  the Board verifies that the provisional license or
  16-19  certificate holder has the academic and experience requirements for
  16-20  a license or certificate under this Act; and
  16-21              (3)  the provisional license or certificate holder
  16-22  satisfies any other license or certification requirements under
  16-23  this Act.
  16-24        (d)  The Board must complete the processing of a provisional
  16-25  license or certificate holder's application for a license or
  16-26  certificate not later than the 180th day after the date the
  16-27  provisional license or certificate is issued.
   17-1        (e)  The Board may adopt rules for the provisional
   17-2  certification or licensing of an individual who holds a valid
   17-3  license or the equivalent from another country.
   17-4        SECTION 13.  Section 15B, Psychologists' Certification and
   17-5  Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
   17-6  amended to read as follows:
   17-7        Sec. 15B.  Reciprocity <Temporary permit>.  The Board may
   17-8  enter into and implement agreements for reciprocal licensing with
   17-9  other jurisdictions if the requirements for licensing,
  17-10  certification, or registration in the other jurisdiction are
  17-11  substantially equal to those prescribed by this Act <(a)  An
  17-12  applicant for certification or licensure by reciprocity under
  17-13  Section 15A of this Act may apply for a temporary permit to
  17-14  authorize the applicant to practice psychology in this state.>
  17-15        <(b)  A person may apply for a temporary permit by completing
  17-16  an application and paying a temporary permit fee prescribed by the
  17-17  Board.>
  17-18        <(c)  The board shall adopt rules for the issuance of
  17-19  temporary permits.>
  17-20        <(d)  A temporary permit issued under this section does not
  17-21  constitute a vested property right>.
  17-22        SECTION 14.  Section 16, Psychologists' Certification and
  17-23  Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
  17-24  amended to read as follows:
  17-25        Sec. 16.  Fees.  (a)  The <fees shall be fixed by the> Board
  17-26  by rule shall establish fees in amounts that are reasonable and
  17-27  necessary to produce sufficient revenue to cover the costs of
   18-1  administering this Act.
   18-2        (b)  The fees set by the Board may be adjusted so that the
   18-3  total fees collected are sufficient to meet the expenses of
   18-4  administering this Act.  The Board may not set a fee for an amount
   18-5  less than the amount of that fee on September 1, 1993 <The Board
   18-6  shall not maintain unnecessary fund balances, and fee amount shall
   18-7  be set in accordance with this requirement>.
   18-8        SECTION 15.  Sections 17(b), (c), and (h), Psychologists'
   18-9  Certification and Licensing Act (Article 4512c, Vernon's Texas
  18-10  Civil Statutes), are amended to read as follows:
  18-11        (b)  <Certificates and licenses will be renewed no less than
  18-12  once every two years.>  Unless otherwise provided by board rule,
  18-13  certificates and licenses expire on December 31st in the
  18-14  <appropriate> year following their issuance or renewal and are
  18-15  invalid thereafter unless renewed.  The Board by rule may adopt a
  18-16  system under which certificates or licenses expire on various dates
  18-17  during the year.  For the year in which the expiration date is
  18-18  changed, certification or licensing fees shall be prorated so that
  18-19  each certificate or license holder must pay only that portion of
  18-20  the fee that is allocable to the number of months during which the
  18-21  certificate or license is valid.  On renewal of the certificate or
  18-22  license on the new expiration date, the full certification or
  18-23  licensing fee is payable.
  18-24        (c)  <The Board shall notify every person certified or
  18-25  licensed under this Act of the date of expiration of his
  18-26  certificate or license and the amount of the renewal fee.>  A
  18-27  person may renew an unexpired certificate or license by paying to
   19-1  the Board before the expiration date of the certificate or license
   19-2  the required renewal fee.  If a person's certificate or license has
   19-3  been expired for <not longer than> 90 days or less, the person may
   19-4  renew the certificate or license by paying to the Board the
   19-5  required renewal fee and a fee that is one-half of the examination
   19-6  fee for the certificate or license.  If a person's certificate or
   19-7  license has been expired for longer than 90 days but less than one
   19-8  year <two years>, the person may renew the certificate or license
   19-9  by paying to the Board all unpaid renewal fees and a fee that is
  19-10  equal to the examination fee for the certificate or license.  If a
  19-11  person's certificate or license has been expired for one year <two
  19-12  years> or longer, the person may not renew the certificate or
  19-13  license.  The person may obtain a new certificate or license by
  19-14  submitting to reexamination and complying with the requirements and
  19-15  procedures for obtaining an original certificate or license.
  19-16  However, the Board may renew without reexamination an expired
  19-17  license or certificate of a person who was licensed or certified in
  19-18  this state, moved to another state, and is currently licensed or
  19-19  certified  and has been in practice in the other state for the two
  19-20  years preceding application.  The person must pay to the Board a
  19-21  fee that is equal to the examination fee for the license or
  19-22  certificate.  At least 30 days before the expiration of a person's
  19-23  license or certificate, the Board shall send written notice of the
  19-24  impending license or certificate expiration to the person at the
  19-25  license or certificate holder's last known address according to the
  19-26  records of the Board.
  19-27        (h)  The renewal of licenses <certificates> held by
   20-1  psychological associates as established by Section 19 of this Act
   20-2  is subject to the renewal procedures prescribed by this section
   20-3  except that the licenses <certificates> expire May 31st in the
   20-4  appropriate year following their issuance or renewal, unless
   20-5  otherwise provided by board rule.  The Board by rule may adopt a
   20-6  system under which licenses <certificates> expire on various dates
   20-7  during the year.  For the year in which the expiration date is
   20-8  changed, license <certification> fees shall be prorated so that
   20-9  each license <certificate> holder must pay only that portion of the
  20-10  fee that is allocable to the number of months during which the
  20-11  license <certificate> is valid.  On renewal of the license
  20-12  <certificate> on the new expiration date, the full license
  20-13  <certification> fee is payable.
  20-14        SECTION 16.  Section 19, Psychologists' Certification and
  20-15  Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
  20-16  amended to read as follows:
  20-17        Sec. 19.  SUB-DOCTORAL LICENSE <CERTIFICATION>.  The Board,
  20-18  with the advice of the Psychological Associate Advisory Committee
  20-19  as provided by Section 19A of this Act, shall set standards for
  20-20  qualification and issue licenses <certificates of qualification>
  20-21  for sub-doctoral levels of psychological personnel.  Sub-doctoral
  20-22  personnel must have a master's degree in a program that is
  20-23  primarily psychological in nature in an accredited university or
  20-24  college.  Sub-doctoral levels shall be designated by a title(s)
  20-25  which includes the adjective "psychological" followed by a noun
  20-26  such as "associate," "assistant," "examiner," "technician," etc.
  20-27        SECTION 17.  The Psychologists' Certification and Licensing
   21-1  Act (Article 4512c, Vernon's Texas Civil Statutes) is amended by
   21-2  adding Section 19A to read as follows:
   21-3        Sec. 19A.  ADVISORY COMMITTEE.  (a)  The Psychological
   21-4  Associate Advisory Committee is created as an advisory committee to
   21-5  the Board.  The committee consists of six members appointed by the
   21-6  governor.
   21-7        (b)  Four members must be licensed psychological associates.
   21-8        (c)  Two members must be members of the general public who
   21-9  are not licensed in the field of health care.  To be eligible for
  21-10  appointment as a public member, a person must meet the eligibility
  21-11  requirements for public members of the Board under Section 5 of
  21-12  this Act.
  21-13        (d)  Appointments to the committee shall be made without
  21-14  regard to the race, color, disability, sex, religion, age, or
  21-15  national origin of the appointees.
  21-16        (e)  A person who is required to register as a lobbyist under
  21-17  Chapter 305, Government Code, and its subsequent amendments, may
  21-18  not serve as a member of the committee.
  21-19        (f)  It is a ground for removal from the committee if a
  21-20  member fails to attend at least one-half of the regularly scheduled
  21-21  committee meetings held in a calendar year.
  21-22        (g)  Members of the advisory committee hold office for
  21-23  staggered terms of six years, with two members' terms expiring
  21-24  February 1 of each odd-numbered year.
  21-25        (h)  The committee shall select its officers to serve in that
  21-26  capacity for a period of one year.
  21-27        (i)  Each member of the committee is entitled to a per diem
   22-1  as set by legislative appropriation for each day that the member
   22-2  engages in the business of the committee.
   22-3        (j)  The advisory committee is subject to:
   22-4              (1)  the open meetings law, Chapter 271, Acts of the
   22-5  60th  Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
   22-6  Texas Civil Statutes), and its subsequent amendments;
   22-7              (2)  the open records law, Chapter 424, Acts of the
   22-8  63rd  Legislature, Regular Session, 1973 (Article 6252-17a,
   22-9  Vernon's Texas Civil Statutes), and its subsequent amendments; and
  22-10              (3)  the Administrative Procedure and Texas Register
  22-11  Act (Article 6252-13a, Vernon's Texas Civil Statutes), and its
  22-12  subsequent amendments.
  22-13        (k)  The advisory committee shall develop and recommend rules
  22-14  to the Board that establish:
  22-15              (1)  the license qualifications for psychological
  22-16  associates;
  22-17              (2)  the supervision requirements for psychological
  22-18  associates practicing less than five years;
  22-19              (3)  the permitted activities and services within the
  22-20  practice of psychological associates;
  22-21              (4)  the schedule of disciplinary sanctions required by
  22-22  Section 23(b) of this Act that apply to psychological associates;
  22-23              (5)  the continuing education requirements for
  22-24  psychological associates;
  22-25              (6)  the proportional billing guidelines for services
  22-26  rendered by psychological associates with less than five years
  22-27  experience; and
   23-1              (7)  the guidelines, including additional educational
   23-2  requirements, for practice without supervision for psychological
   23-3  associates with five or more years of experience.
   23-4        (l)  On receiving the recommendations of the advisory
   23-5  committee, the Board must approve or reject the proposed rules.  If
   23-6  the Board does not approve a rule developed by the advisory
   23-7  committee, the Board shall indicate to the advisory committee the
   23-8  reasons that the Board did not approve the rule and return the rule
   23-9  to the advisory committee for further development.
  23-10        SECTION 18.  Section 20, Psychologists' Certification and
  23-11  Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
  23-12  amended to read as follows:
  23-13        Sec. 20.  LICENSE REQUIRED TO PRACTICE <REPRESENTATION AS A
  23-14  PSYCHOLOGIST, PSYCHOLOGICAL ASSOCIATE, OR PSYCHOLOGIST'S ASSISTANT
  23-15  PROHIBITED>.  A <After December 31, 1970, no> person may not engage
  23-16  in the practice of psychology or <shall> represent the person
  23-17  <himself> as a psychologist or psychological associate within the
  23-18  meaning of this Act unless the person <he> is licensed or certified
  23-19  <and registered> under <the provisions of> this Act or is exempt
  23-20  from this Act.
  23-21        SECTION 19.  Section 21(a), Psychologists' Certification and
  23-22  Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
  23-23  amended to read as follows:
  23-24        (a)  Any person who practices psychology <offers
  23-25  psychological services> as defined herein for compensation, must
  23-26  apply to the Board and upon payment of a fee shall be granted a
  23-27  license by the Board.  No person may be licensed as a psychologist
   24-1  unless:
   24-2              (1)  the person is certified as a psychologist under
   24-3  the authority of this Act; and
   24-4              (2)  the person has had at least two years of
   24-5  supervised experience in the field of psychological services, one
   24-6  year of which may be part of the doctoral program and at least one
   24-7  year of which was after the person's doctoral degree was conferred.
   24-8        SECTION 20.  Section 22, Psychologists' Certification and
   24-9  Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
  24-10  amended to read as follows:
  24-11        Sec. 22.  Exemptions.  Nothing in this Act shall be construed
  24-12  to apply to:
  24-13              (a)  the activities, services and use of official title
  24-14  on the part of a person employed as a psychologist or psychological
  24-15  associate by any:  (1) governmental agency, (2) public school
  24-16  district, or (3) regionally accredited institution of higher
  24-17  education provided such employee is performing those duties for
  24-18  which he is employed by such agency, district, or institution and
  24-19  within the confines of such agency, district, or institution
  24-20  insofar as such activities and services are a part of the duties of
  24-21  his office or position as a psychologist or psychological associate
  24-22  with such agency, district, or institution; except that persons
  24-23  employed as psychologists or psychological associates who offer or
  24-24  provide psychological services to the public (other than lecture
  24-25  services) for a fee, monetary or otherwise, over and above the
  24-26  salary that they receive for the performance of their regular
  24-27  duties, and/or persons employed as psychologists or psychological
   25-1  associates by organizations that sell psychological services to the
   25-2  public (other than lecture services) for a fee, monetary or
   25-3  otherwise must be licensed under the provisions of this Act;
   25-4              (b)  the activities and services of a student, intern
   25-5  or resident in psychology, pursuing a course of study in
   25-6  preparation for the profession of psychology under qualified
   25-7  supervision in recognized training institutions or facilities, if
   25-8  these activities and services constitute a part of his supervised
   25-9  course of study, provided that such an individual is designated by
  25-10  a title such as "psychological intern," "psychological trainee," or
  25-11  others clearly indicating such training status;
  25-12              (c)  the activities and services of members of other
  25-13  licensed professions, including physicians, surgeons, attorneys,
  25-14  registered nurses, licensed vocational nurses, occupational
  25-15  therapists, certified social workers, licensed professional
  25-16  counselors, licensed marriage and family therapists, and licensed
  25-17  chemical dependency counselors, if the activities and services are
  25-18  permitted under the applicable license and the members do not
  25-19  represent themselves to be psychologists or describe their services
  25-20  by the use of the term "psychological" <professional groups
  25-21  licensed, certified, or registered by this state, Christian
  25-22  Scientist practitioners who are duly recognized by the Church of
  25-23  Christ Scientist as registered and published in the Christian
  25-24  Science Journal, or duly ordained religions doing work of a
  25-25  psychological nature consistent with their training and consistent
  25-26  with any code of ethics of their respective professions, provided
  25-27  that they do not represent themselves by any title or in any manner
   26-1  prohibited by this Act>;
   26-2              (d)  the activities and services of duly recognized
   26-3  members of the clergy who are acting within the members'
   26-4  ministerial capabilities, if the members do not represent
   26-5  themselves to be psychologists or describe their services by the
   26-6  use of the term "psychological";
   26-7              (e)  the voluntary activities and services of persons
   26-8  employed by or working on the behalf of charitable nonprofit
   26-9  organizations, if the persons do not represent themselves to be
  26-10  psychologists or describe their services by the use of the term
  26-11  "psychological."  <persons, other than psychologists licensed or
  26-12  certified under this Act, who hold themselves out to the public as
  26-13  marriage and family therapists or counselors and who provide
  26-14  counseling exclusively related to marriage and family concerns and
  26-15  who hold a master's or doctoral degree in the area of marriage and
  26-16  family therapy from a college or university accredited under a
  26-17  system utilized by the Texas College Coordinating Board and who
  26-18  abide by a code of ethics recognized by their profession.>
  26-19        SECTION 21.  Section 23, Psychologists' Certification and
  26-20  Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
  26-21  amended to read as follows:
  26-22        Sec. 23.  Revocation, Cancellation, or Suspension of License
  26-23  or Certification; Civil Penalty.  (a)  The <Texas State> Board <of
  26-24  Examiners of Psychologists> shall <have the right to cancel,>
  26-25  revoke or<,> suspend a<, or refuse to renew the> license or
  26-26  <certification of any psychologist or the> certificate, place on
  26-27  probation a person whose license or certificate has been suspended,
   27-1  <of any psychological associate> or reprimand a license or
   27-2  certificate holder if the license or certificate holder <any
   27-3  psychologist upon proof that the psychologist>:
   27-4              (1)  has been convicted of a felony or of a violation
   27-5  of the law involving moral turpitude by any court; the conviction
   27-6  of a felony shall be the conviction of any offense which if
   27-7  committed within this state would constitute a felony under the
   27-8  laws of this state; <or>
   27-9              (2)  uses drugs or intoxicating liquors to an extent
  27-10  that affects his professional competency; <or>
  27-11              (3)  has been guilty of fraud or deceit in connection
  27-12  with his services rendered as a psychologist; <or>
  27-13              (4)  except as provided by Section 15B of this Act, has
  27-14  aided or abetted a person, not a licensed psychologist, in
  27-15  representing that person as a psychologist within this state; <or>
  27-16              (5)  except as provided by Section 15B of this Act, has
  27-17  represented himself or herself to be a psychologist licensed in
  27-18  this state at a time he or she was not licensed to practice
  27-19  psychology in this state, or practiced psychology in this state
  27-20  without a license to practice psychology in this state; <or>
  27-21              (6)  violates a rule adopted <has been guilty of
  27-22  unprofessional conduct as defined by the rules established> by the
  27-23  Board; or
  27-24              (7)  violates a provision <for any cause for which the
  27-25  Board shall be authorized to take that action by another section>
  27-26  of this Act.
  27-27        (b)  If the Board proposes to refuse a person's application
   28-1  for a license or certification, to suspend or revoke a person's
   28-2  license or certificate, or to reprimand a person, the person is
   28-3  entitled to a hearing before the State Office of Administrative
   28-4  Hearings.  The Board by rule shall adopt a broad schedule of
   28-5  sanctions for violations under this Act.  The State Office of
   28-6  Administrative Hearings shall use the schedule for any sanction
   28-7  imposed as the result of a hearing conducted by that office
   28-8  <Board>.
   28-9        (c)  Proceedings for the refusal, suspension, or revocation
  28-10  of a license or certificate or for the reprimand of a person are
  28-11  governed by the Administrative Procedure and Texas Register Act, as
  28-12  amended (Article 6252-13a, Vernon's Texas Civil Statutes).
  28-13        (d)  An appeal of an action of the Board is governed by the
  28-14  Administrative Procedure and Texas Register Act, as amended
  28-15  (Article 6252-13a, Vernon's Texas Civil Statutes).  Judicial review
  28-16  of an action of the Board shall be conducted under the substantial
  28-17  evidence rule.
  28-18        (e)  A person who violates this Act or a rule or order
  28-19  adopted by the Board under this Act is liable to the state for a
  28-20  civil penalty of $1,000 for each day of violation.  At the request
  28-21  of the Board, the attorney general shall bring an action to recover
  28-22  a civil penalty authorized under this subsection.  A penalty
  28-23  collected under this subsection shall be remitted to the
  28-24  comptroller for deposit in the general revenue fund.
  28-25        (f)  In addition to the other disciplinary actions authorized
  28-26  by this section, the Board may require that a license or
  28-27  certificate holder who violates this Act participate in continuing
   29-1  education programs.  The Board shall specify the continuing
   29-2  education programs that may be attended and the number of hours
   29-3  that must be completed by an individual license or certificate
   29-4  holder to fulfill the requirements of this subsection.
   29-5        (g)  If a license or certificate suspension is probated, the
   29-6  Board may require the license or certificate holder to:
   29-7              (1)  report regularly to the Board on matters that are
   29-8  the basis of the probation;
   29-9              (2)  limit practice to the areas prescribed by the
  29-10  Board; or
  29-11              (3)  continue or review continuing professional
  29-12  education until the license or certificate holder attains a degree
  29-13  of skill satisfactory to the Board in those areas that are the
  29-14  basis of the probation.  <The Board shall have the right and may,
  29-15  upon majority vote, rule that the order revoking, cancelling, or
  29-16  suspending the psychologist's license or certification be probated
  29-17  so long as the probationer conforms to such orders and rules as the
  29-18  Board may set out as the terms of probation.  The Board, at the
  29-19  time of probation, shall set out the period of time which shall
  29-20  constitute the probationary period.  Provided further, that the
  29-21  Board may at any time while the probationer remains on probation
  29-22  hold a hearing, and upon majority vote, rescind the probation and
  29-23  enforce the Board's original action in revoking, cancelling, or
  29-24  suspending the psychologist's license or certification, the said
  29-25  hearing to rescind the probation shall be called by the chairperson
  29-26  of the Texas State Board of Examiners of Psychologists who shall
  29-27  cause to be issued a notice setting a time and place for the
   30-1  hearing and containing the charges or complaints against the
   30-2  probationer, said notice to be served on the probationer or the
   30-3  probationer's counsel at least ten (10) days prior to the time set
   30-4  for the hearing.  Service of notice of a board action is effected
   30-5  by sending written notice by certified mail to the license holder's
   30-6  address of record.  At said hearing the respondent shall have the
   30-7  right to appear either personally or by counsel or both, to produce
   30-8  witnesses or evidence in the behalf of the respondent, to
   30-9  cross-examine witnesses, and to have subpoenas issued by the Board.
  30-10  The Board shall thereupon determine the charges upon their merits.
  30-11  All charges, complaints, notices, orders, records, and publications
  30-12  authorized or required by the terms of this Act shall be
  30-13  privileged.  The order revoking or rescinding the probation shall
  30-14  not be subject to review or appeal.>
  30-15        <(f)  On application, the Board may reissue a certificate or
  30-16  a license to a person whose certificate or license has been
  30-17  cancelled or revoked.  Such an application may not be made before
  30-18  the expiration of one year after the date of the cancellation or
  30-19  revocation or a period determined by the Board.>
  30-20        SECTION 22.  The Psychologists' Certification and Licensing
  30-21  Act (Article 4512c, Vernon's Texas Civil Statutes) is amended by
  30-22  adding Section 23A to read as follows:
  30-23        Sec. 23A.  ADMINISTRATIVE PENALTY.  (a)  The Board may impose
  30-24  an administrative penalty against a person licensed or regulated
  30-25  under this Act who violates this Act or a rule or order adopted
  30-26  under this Act.
  30-27        (b)  The penalty for a violation may be in an amount not to
   31-1  exceed $1,000.   Each day a violation continues or occurs is a
   31-2  separate violation for purposes of imposing a penalty.
   31-3        (c)  The amount of the penalty shall be based on:
   31-4              (1)  the seriousness of the violation, including the
   31-5  nature, circumstances, extent, and gravity of any prohibited acts,
   31-6  and the hazard or potential hazard created to the health, safety,
   31-7  or economic welfare of the public;
   31-8              (2)  the economic harm to property or the environment
   31-9  caused by the violation;
  31-10              (3)  the history of previous violations;
  31-11              (4)  the amount necessary to deter future violations;
  31-12              (5)  efforts to correct the violation; and
  31-13              (6)  any other matter that justice may require.
  31-14        (d)  An executive director who determines that a violation
  31-15  has occurred may issue to the Board a report that states the facts
  31-16  on which the determination is based.  The Board shall make a
  31-17  recommendation on the imposition of a penalty, including a
  31-18  recommendation on the amount of the penalty.
  31-19        (e)  Within 14 days after the date the report is issued, the
  31-20  executive director shall give written notice of the report to the
  31-21  person.  The notice may be given by certified mail.  The notice
  31-22  must include a brief summary of the alleged violation and a
  31-23  statement of the amount of the recommended penalty and must inform
  31-24  the person that the person has a right to a hearing on the
  31-25  occurrence of the violation, the amount of the penalty, or both the
  31-26  occurrence of the violation and the amount of the penalty.
  31-27        (f)  Within 20 days after the date the person receives the
   32-1  notice, the person in writing may accept the determination and
   32-2  recommended penalty of the Board or may make a written request for
   32-3  a hearing on the occurrence of the violation, the amount of the
   32-4  penalty, or both the occurrence of the violation and the amount of
   32-5  the penalty.
   32-6        (g)  If the person accepts the determination and recommended
   32-7  penalty of the Board, the Board shall issue an order and impose the
   32-8  recommended penalty.
   32-9        (h)  If the person requests a hearing or fails to respond
  32-10  timely to the notice, the executive director shall set a hearing
  32-11  and give notice of the hearing to the person.  The hearing shall be
  32-12  held by an administrative law judge of the State Office of
  32-13  Administrative Hearings.  The administrative law judge shall make
  32-14  findings of fact and conclusions of law and promptly issue to the
  32-15  Board a proposal for a decision about the occurrence of the
  32-16  violation and the amount of a proposed penalty.  Based on the
  32-17  findings of fact, conclusions of law, and proposal for a decision,
  32-18  the Board by order may find that a violation has occurred and
  32-19  impose a penalty or may find that no violation occurred.
  32-20        (i)  The notice of the Board's order given to the person
  32-21  under the Administrative Procedure and Texas Register Act (Article
  32-22  6252-13a, Vernon's Texas Civil Statutes) and its subsequent
  32-23  amendments must include a statement of the right of the person to
  32-24  judicial review of the order.
  32-25        (j)  Within 30 days after the date the Board's order is final
  32-26  as provided by Section 16(c), Administrative Procedure and Texas
  32-27  Register Act (Article 6252-13a, Vernon's Texas Civil Statutes), and
   33-1  its subsequent amendments, the person shall:
   33-2              (1)  pay the amount of the penalty;
   33-3              (2)  pay the amount of the penalty and file a petition
   33-4  for judicial review contesting the occurrence of the violation, the
   33-5  amount of the penalty, or both the occurrence of the violation and
   33-6  the amount of the penalty; or
   33-7              (3)  without paying the amount of the penalty, file a
   33-8  petition for judicial review contesting the occurrence of the
   33-9  violation, the amount of the penalty, or both the occurrence of the
  33-10  violation and the amount of the penalty.
  33-11        (k)  Within the 30-day period, a person who acts under
  33-12  Subsection (j)(3) of this section may:
  33-13              (1)  stay enforcement of the penalty by:
  33-14                    (A)  paying the amount of the penalty to the
  33-15  court for placement in an escrow account; or
  33-16                    (B)  giving to the court a supersedeas bond
  33-17  approved by the court for the amount of the penalty and that is
  33-18  effective until all judicial review of the Board's order is final;
  33-19  or
  33-20              (2)  request the court to stay enforcement of the
  33-21  penalty by:
  33-22                    (A)  filing with the court a sworn affidavit of
  33-23  the person stating that the person is financially unable to pay the
  33-24  amount of the penalty and is financially unable to give the
  33-25  supersedeas bond; and
  33-26                    (B)  giving a copy of the affidavit to the
  33-27  executive director by certified mail.
   34-1        (l)  An executive director who receives a copy of an
   34-2  affidavit under Subsection (k)(2) of this section may file, with
   34-3  the court within five days after the date the copy is received, a
   34-4  contest to the affidavit.  The court shall hold a hearing on the
   34-5  facts alleged in the affidavit as soon as practicable and shall
   34-6  stay the enforcement of the penalty on finding that the alleged
   34-7  facts are true.  The person who files an affidavit has the burden
   34-8  of proving that the person is financially unable to pay the amount
   34-9  of the penalty and to give a supersedeas bond.
  34-10        (m)  If the person does not pay the amount of the penalty and
  34-11  the enforcement of the penalty is not stayed, the executive
  34-12  director may refer the matter to the attorney general for
  34-13  collection of the amount of the penalty.
  34-14        (n)  Judicial review of the order of the Board:
  34-15              (1)  is instituted by filing a petition as provided by
  34-16  Section 19, Administrative Procedure and Texas Register Act
  34-17  (Article 6252-13a, Vernon's Texas Civil Statutes) and its
  34-18  subsequent amendments; and
  34-19              (2)  is under the substantial evidence rule.
  34-20        (o)  If the court sustains the occurrence of the violation,
  34-21  the court may uphold or reduce the amount of the penalty and order
  34-22  the person to pay the full or reduced amount of the penalty.  If
  34-23  the court does not sustain the occurrence of the violation, the
  34-24  court shall order that no penalty is owed.
  34-25        (p)  When the judgment of the court becomes final, the court
  34-26  shall proceed under this subsection.  If the person paid the amount
  34-27  of the penalty and if that amount is reduced or is not upheld by
   35-1  the court, the court shall order that the appropriate amount plus
   35-2  accrued interest be remitted to the person.  The rate of the
   35-3  interest is the rate charged on loans to depository institutions by
   35-4  the New York Federal Reserve Bank, and the interest shall be paid
   35-5  for the period beginning on the date the penalty was paid and
   35-6  ending on the date the penalty is remitted.  If the person gave a
   35-7  supersedeas bond and if the amount of the penalty is not upheld by
   35-8  the court, the court shall order the release of the bond.  If the
   35-9  person gave a supersedeas bond and if the amount of the penalty is
  35-10  reduced, the court shall order the release of the bond after the
  35-11  person pays the amount.
  35-12        (q)  A penalty collected under this section shall be remitted
  35-13  to the comptroller for deposit in the general revenue fund.
  35-14        (r)  All proceedings under this section are subject to the
  35-15  Administrative Procedure and Texas Register Act (Article 6252-13a,
  35-16  Vernon's Texas Civil Statutes) and its subsequent amendments.
  35-17        SECTION 23.  The Psychologists' Certification and Licensing
  35-18  Act (Article 4512c, Vernon's Texas Civil Statutes) is amended by
  35-19  adding Section 23B to read as follows:
  35-20        Sec. 23B.  TEMPORARY SUSPENSION.  (a)  An executive committee
  35-21  of the Board, consisting of the presiding officer of the Board and
  35-22  two other Board members appointed by the presiding officer, may
  35-23  temporarily suspend the license or certificate of a license or
  35-24  certificate holder under this Act if the executive committee
  35-25  determines from the evidence or information presented to the
  35-26  committee that the continued practice by the license or certificate
  35-27  holder constitutes a continuing or imminent threat to the public
   36-1  welfare.
   36-2        (b)  A temporary suspension authorized under Subsection (a)
   36-3  of this section may also be ordered on a majority vote of the
   36-4  Board.
   36-5        (c)  A license or certificate temporarily suspended under
   36-6  this section may be suspended without notice or hearing if, at the
   36-7  time the suspension is ordered, a hearing on whether disciplinary
   36-8  proceedings under this Act should be initiated against the license
   36-9  or certificate holder is scheduled to be held not later than the
  36-10  14th day after the date of the suspension.  A second hearing on the
  36-11  suspended license or certificate shall be held not later than the
  36-12  60th day after the date the suspension was ordered.  If the second
  36-13  hearing is not held in the time required by this subsection, the
  36-14  suspended license or certificate is automatically reinstated.
  36-15        (d)  The Board by rule shall adopt procedures for the
  36-16  temporary suspension of a license or certificate under this
  36-17  section.
  36-18        SECTION 24.  Section 24, Psychologists' Certification and
  36-19  Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
  36-20  amended to read as follows:
  36-21        Sec. 24.  Injunctions.  The <Texas State> Board <of Examiners
  36-22  of Psychologists> shall have the right to institute an action in
  36-23  its own name to enjoin the violation of any provisions of this Act.
  36-24  Said action for injunction shall be in addition to any other
  36-25  action, proceeding or remedy authorized by law.  The <Texas State>
  36-26  Board <of Examiners of Psychologists> shall be represented by the
  36-27  Attorney General or <and/or> the County or District Attorneys of
   37-1  this state.
   37-2        SECTION 25.  Section 25, Psychologists' Certification and
   37-3  Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
   37-4  amended to read as follows:
   37-5        Sec. 25.  Violations.  Any person, whether acting as an
   37-6  individual, firm, partnership, corporation, agency or other entity,
   37-7  who engages in the practice of psychology or<, after December 31,
   37-8  1970,> represents the person <himself> to be a psychologist in
   37-9  violation <within this state without being certified or licensed or
  37-10  exempted in accordance with the provisions> of this Act is guilty
  37-11  of a Class A misdemeanor <and, upon conviction, shall be punished
  37-12  by a fine not less than Fifty Dollars ($50.00) nor more than Five
  37-13  Hundred Dollars ($500.00), and by imprisonment in county jail for
  37-14  not more than thirty (30) days>.  Each day of violation is a
  37-15  separate offense.
  37-16        SECTION 26.  The Psychologists' Certification and Licensing
  37-17  Act (Article 4512c, Vernon's Texas Civil Statutes) is amended by
  37-18  adding Sections 25A, 25B, 25C, and 25D to read as follows:
  37-19        Sec. 25A.  COMPLAINT PROCEDURE IN GENERAL.  (a)  The Board
  37-20  shall keep an information file about each complaint filed with the
  37-21  Board.  The Board's information file shall be kept current and
  37-22  contain a record for each complaint of:
  37-23              (1)  all persons contacted in relation to the
  37-24  complaint;
  37-25              (2)  a summary of findings made at each step of the
  37-26  complaint process;
  37-27              (3)  an explanation of the legal basis and reason for a
   38-1  complaint that is dismissed; and
   38-2              (4)  other relevant information.
   38-3        (b)  If a written complaint is filed with the Board that the
   38-4  Board has authority to resolve, the Board, at least as frequently
   38-5  as quarterly and until final disposition of the complaint, shall
   38-6  notify the parties to the complaint of the status of the complaint
   38-7  unless the notice would jeopardize an undercover investigation.
   38-8        (c)  The Board by rule shall adopt a form to standardize
   38-9  information concerning complaints made to the Board.  The Board by
  38-10  rule shall prescribe information to be provided to a person when
  38-11  the person files a complaint with the Board.
  38-12        (d)  The Board shall provide reasonable assistance to a
  38-13  person who wishes to file a complaint with the Board.
  38-14        Sec. 25B.  COMPLAINT INVESTIGATION AND DISPOSITION.  (a)  The
  38-15  Board shall adopt rules concerning the investigation of a complaint
  38-16  filed with the Board.  The rules adopted under this subsection
  38-17  shall:
  38-18              (1)  distinguish between categories of complaints;
  38-19              (2)  ensure that complaints are not dismissed without
  38-20  appropriate consideration;
  38-21              (3)  require that the Board be advised of a complaint
  38-22  that is dismissed and that a letter be sent to the person who filed
  38-23  the complaint explaining the action taken on the dismissed
  38-24  complaint;
  38-25              (4)  ensure that the person who filed the complaint has
  38-26  an opportunity to explain the allegations made in the complaint;
  38-27  and
   39-1              (5)  prescribe guidelines concerning the categories of
   39-2  complaints that require the use of a private investigator and the
   39-3  procedures for the Board to obtain the services of a private
   39-4  investigator.
   39-5        (b)  The Board shall dispose of all complaints in a timely
   39-6  manner.  The Board shall establish a schedule for conducting each
   39-7  phase of a complaint that is under the control of the Board not
   39-8  later than the 30th day after the date the complaint is received by
   39-9  the Board.  The schedule shall be kept in the information file for
  39-10  the complaint and all parties shall be notified of the projected
  39-11  time requirements for pursuing the complaint.  A change in the
  39-12  schedule must be noted in the complaint information file and all
  39-13  parties to the complaint must be notified not later than the
  39-14  seventh day after the date the change is made.
  39-15        (c)  The executive director of the Board shall notify the
  39-16  Board of a complaint that extends beyond the time prescribed by the
  39-17  Board for resolving the complaint so that the Board may take
  39-18  necessary action on the complaint.
  39-19        Sec. 25C.  INFORMAL PROCEEDINGS.  (a)  The Board by rule
  39-20  shall adopt procedures governing:
  39-21              (1)  informal disposition of a contested case under
  39-22  Section 13(e), Administrative Procedure and Texas Register Act
  39-23  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
  39-24  subsequent amendments; and
  39-25              (2)  informal proceedings held in compliance with
  39-26  Section 18(c), Administrative Procedure and Texas Register Act
  39-27  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
   40-1  subsequent amendments.
   40-2        (b)  Rules adopted under this section must provide the
   40-3  complainant and the license or certificate holder an opportunity to
   40-4  be heard and must require the presence of an attorney to advise the
   40-5  Board or Board's employees.  The attorney must be a member of the
   40-6  Board's legal staff, if the Board has a legal staff.  If the Board
   40-7  does not have a legal staff, the attorney must be a member of the
   40-8  office of the attorney general.
   40-9        Sec. 25D.  MONITORING OF LICENSE OR CERTIFICATE HOLDER.  The
  40-10  Board by rule shall develop a system for monitoring license or
  40-11  certificate holders' compliance with the requirements of this Act.
  40-12  Rules adopted under this section shall include procedures for
  40-13  monitoring a license or certificate holder who is ordered by the
  40-14  Board to perform certain acts to ascertain that the license or
  40-15  certificate holder performs the required acts and to identify and
  40-16  monitor license or certificate holders who represent a risk to the
  40-17  public.
  40-18        SECTION 27.  (a)  The changes in law made by this Act
  40-19  relating to an administrative or civil penalty that may be imposed
  40-20  apply only to a violation of the Psychologists' Certification and
  40-21  Licensing Act (Article 4512c, Vernon's Texas Civil Statutes) or a
  40-22  rule or order adopted by the Texas State Board of Examiners of
  40-23  Psychologists that occurs on or after the effective date of this
  40-24  Act.  A violation occurs on or after the effective date of this Act
  40-25  only if each element of the violation occurs on or after that date.
  40-26  A violation that occurs before the effective date of this Act is
  40-27  governed by the law in effect on the date the violation occurred,
   41-1  and the former law is continued in effect for this purpose.
   41-2        (b)  As the terms of members of the Texas State Board of
   41-3  Examiners of Psychologists expire or as a vacancy occurs on the
   41-4  board, the governor shall appoint members to the board to achieve,
   41-5  as soon as possible, the membership plan prescribed for the board
   41-6  by this Act.
   41-7        (c)  The changes in law made by this Act in the
   41-8  qualifications of members of the Texas State Board of Examiners of
   41-9  Psychologists do not affect the entitlement of a member appointed
  41-10  before September 1, 1993, to continue to hold office on the board
  41-11  for the term for which the member was appointed.  The changes in
  41-12  the qualifications apply only to a member appointed on or after
  41-13  September 1, 1993.
  41-14        SECTION 28.  (a)  As soon as possible after the effective
  41-15  date of this Act, the governor shall appoint the initial members of
  41-16  the Psychological Associate Advisory Committee in accordance with
  41-17  the requirements of this Act.  A certified psychological associate
  41-18  is eligible to serve as an initial psychological associate member.
  41-19  In making the initial appointments, the governor shall designate
  41-20  members to serve terms as follows:
  41-21              (1)  one psychological associate and one public member
  41-22  for terms expiring February 1, 1995;
  41-23              (2)  two psychological associates for terms expiring
  41-24  February 1, 1997; and
  41-25              (3)  one psychological associate and one public member
  41-26  for terms expiring February 1, 1999.
  41-27        (b)  The Psychological Associate Advisory Committee shall
   42-1  develop proposed rules for the consideration of the Texas State
   42-2  Board of Examiners of Psychologists as required by Section 19A,
   42-3  Psychologists' Certification and Licensing Act (Article 4512c,
   42-4  Vernon's Texas Civil Statutes), as added by this Act, not later
   42-5  than February 1, 1994.  The board shall adopt rules relating to the
   42-6  licensure of psychological associates not later than September 1,
   42-7  1994.
   42-8        (c)  The change in law made by this Act relating to the
   42-9  issuance or renewal of licenses of psychological associates applies
  42-10  only to a license issued or renewed on or after September 1, 1994.
  42-11  The issuance or renewal of a certificate of a psychological
  42-12  associate before that date is covered by the law in effect when the
  42-13  certificate was issued, and the former law is continued in effect
  42-14  for that purpose.
  42-15        (d)  On or after September 1, 1994, the Texas State Board of
  42-16  Psychologists shall issue licenses without cost or additional
  42-17  requirements to psychological associates to replace unexpired
  42-18  psychological associate certificates issued before September 1,
  42-19  1994.  Licenses issued under this subsection expire on the date the
  42-20  replaced certificate expires.
  42-21        SECTION 29.  Section 26, Psychologists' Certification and
  42-22  Licensing Act (Article 4512c, Vernon's Texas Civil Statutes), is
  42-23  repealed.
  42-24        SECTION 30.  This Act takes effect September 1, 1993.
  42-25        SECTION 31.  The importance of this legislation and the
  42-26  crowded condition of the calendars in both houses create an
  42-27  emergency and an imperative public necessity that the
   43-1  constitutional rule requiring bills to be read on three several
   43-2  days in each house be suspended, and this rule is hereby suspended.