By: Parker S.B. No. 1427
73R6979 NSC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of professional counselors and to the
1-3 continuation of the Texas State Board of Examiners of Professional
1-4 Counselors.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 2, Licensed Professional Counselor Act
1-7 (Article 4512g, Vernon's Texas Civil Statutes), is amended by
1-8 adding Subdivision (8) to read as follows:
1-9 (8) "Board of health" means the Texas Board of Health.
1-10 SECTION 2. Sections 4(e) and (f), Licensed Professional
1-11 Counselor Act (Article 4512g, Vernon's Texas Civil Statutes), are
1-12 amended to read as follows:
1-13 (e) An officer, employee, or paid consultant of a Texas
1-14 trade association in the field of health care may not be a <A>
1-15 member <of the board> or <an> employee of the board who is exempt
1-16 from the state's position classification plan or is compensated at
1-17 or above the amount prescribed by the General Appropriations Act
1-18 for step 1, salary group 17, of the position classification salary
1-19 schedule. A person who is the spouse of an officer, manager, or
1-20 paid consultant of a Texas trade association in the field of health
1-21 care may not be a board member and may not be an employee of the
1-22 board who is exempt from the state's position classification plan
1-23 or is compensated at or above the amount prescribed by the General
1-24 Appropriations Act for step 1, salary group 17, of the position
2-1 classification salary schedule <or of the department that carries
2-2 out the functions of the board may not:>
2-3 <(1) be an officer, employee, or paid consultant of a
2-4 trade association in the counseling services industry;>
2-5 <(2) be related within the second degree by affinity
2-6 or within the third degree by consanguinity, as determined under
2-7 Article 5996h, Revised Statutes, to a person who is an officer,
2-8 employee, or paid consultant of a trade association in the
2-9 counseling services industry; or>
2-10 <(3) communicate directly or indirectly with a party
2-11 or the party's representative to a proceeding pending before the
2-12 board unless notice and an opportunity to participate are given to
2-13 each party to the proceeding, if the member or agent is assigned to
2-14 make a decision, a finding of fact, or a conclusion of law in the
2-15 proceeding>.
2-16 (f) For the purposes of this section, a Texas trade
2-17 association is a nonprofit, cooperative, and voluntarily joined
2-18 association of business or professional competitors in this state
2-19 designed to assist its members and its industry or profession in
2-20 dealing with mutual business or professional problems and in
2-21 promoting their common interest <A member of the board who is the
2-22 designated representative of the general public may not have
2-23 personally, nor be related to a person within the second degree by
2-24 affinity or third degree by consanguinity, as determined under
2-25 Article 5996h, Revised Statutes, who has, except as a consumer, a
2-26 financial interest in counseling services as an officer, director,
2-27 partner, owner, employee, attorney, or paid consultant>.
3-1 SECTION 3. Sections 5(b) and (c), Licensed Professional
3-2 Counselor Act (Article 4512g, Vernon's Texas Civil Statutes), are
3-3 amended to read as follows:
3-4 (b) Four members must be representatives <To be qualified
3-5 for appointment as a member who is a representative> of the general
3-6 public. A person is not eligible for appointment as a public
3-7 member of the board if the person or the person's spouse:
3-8 (1) is registered, certified, or licensed by an
3-9 occupational regulatory agency in the field of health care;
3-10 (2) is employed by or participates in the management
3-11 of a business entity or other organization regulated by the board
3-12 or receiving funds from the board;
3-13 (3) owns or controls, directly or indirectly, more
3-14 than 10 percent interest in a business entity or other organization
3-15 regulated by the board or receiving funds from the board; or
3-16 (4) uses or receives a substantial amount of tangible
3-17 goods, services, or funds from the board, other than compensation
3-18 or reimbursement authorized by law for board membership,
3-19 attendance, or expenses<, a person must:>
3-20 <(1) be a citizen of the United States and a resident
3-21 of this state for the 30 months immediately preceding appointment;
3-22 and>
3-23 <(2) be at least 18 years old>.
3-24 (c) It is a ground for removal from the board if a member:
3-25 (1) does not have at the time of appointment the
3-26 qualifications required by Subsection (a) or (b) of this section,
3-27 as appropriate, for appointment to the board;
4-1 (2) does not maintain during the service on the board
4-2 the qualifications required by Subsection (a) or (b) of this
4-3 section, as appropriate, for appointment to the board; or
4-4 (3) violates a prohibition established by <Subdivision
4-5 (1) or (2) of> Subsection (e) of Section 4 of this Act.
4-6 SECTION 4. Section 6(e), Licensed Professional Counselor Act
4-7 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
4-8 as follows:
4-9 (e) The board shall:
4-10 (1) determine the qualifications and fitness of
4-11 applicants for licenses, renewal of licenses, and provisional
4-12 <reciprocal> licenses;
4-13 (2) adopt and revise, with the approval of the
4-14 department, rules not inconsistent with the law of this state that
4-15 are necessary to administer this Act. However, the board may not
4-16 adopt rules restricting competitive bidding or advertising by
4-17 licensees except to prohibit false, misleading, or deceptive
4-18 practices. The board may not include in its rules to prohibit
4-19 false, misleading, or deceptive practices by licensees a rule that:
4-20 (A) restricts a licensee's use of any medium for
4-21 advertising;
4-22 (B) restricts a licensee's personal appearance
4-23 or use of the person's <his> personal voice in an advertisement;
4-24 (C) relates to the size or duration of an
4-25 advertisement by a licensee; or
4-26 (D) restricts a licensee's advertisement under a
4-27 trade name;
5-1 (3) adopt and publish a code of ethics and adopt an
5-2 official seal;
5-3 (4) examine for, deny, approve, issue, revoke,
5-4 suspend, and renew the licenses of counselor applicants and
5-5 licensees under this Act <and conduct hearings in connection with
5-6 these actions>;
5-7 (5) notify the appropriate prosecuting attorney of
5-8 alleged offenses committed under this Act and seek the injunction
5-9 of <conduct hearings on complaints concerning> violations of this
5-10 Act or <and> the rules adopted under this Act <and cause the
5-11 prosecution and enjoinder of the violations>;
5-12 (6) expend money necessary for the proper
5-13 administration of its assigned duties;
5-14 (7) establish a mandatory continuing education program
5-15 for licensees <set fees with the approval of the department for the
5-16 board's services in amounts that are sufficient to meet the
5-17 expenses of administering this Act>;
5-18 (8) request and receive the assistance of state
5-19 educational institutions or other state agencies; and
5-20 (9) prepare information of public <consumer> interest
5-21 describing the <regulatory> functions of the board and <describing>
5-22 the board's procedures by which <consumer> complaints are filed
5-23 with and resolved by the board. The board shall make the
5-24 information available to the <general> public and appropriate state
5-25 agencies.
5-26 SECTION 5. The Licensed Professional Counselor Act (Article
5-27 4512g, Vernon's Texas Civil Statutes) is amended by adding Sections
6-1 6A, 6B, 6C, and 6D to read as follows:
6-2 Sec. 6A. PUBLIC COMPLAINTS; TOLL-FREE TELEPHONE SERVICE.
6-3 (a) The board of health by rule shall establish methods by which
6-4 consumers and service recipients are notified of the name, mailing
6-5 address, and telephone number of the board for the purpose of
6-6 directing complaints to the board. The board of health may provide
6-7 for that notification:
6-8 (1) on each registration form, application, or written
6-9 contract for services of an individual or entity regulated under
6-10 this Act;
6-11 (2) on a sign prominently displayed in the place of
6-12 business of each individual or entity regulated under this Act; or
6-13 (3) in a bill for service provided by an individual or
6-14 entity regulated under this Act.
6-15 (b) The board shall list along with its regular telephone
6-16 number the toll-free telephone number that may be called to present
6-17 a complaint about a health professional if the toll-free number is
6-18 established under other state law.
6-19 Sec. 6B. PUBLIC PARTICIPATION IN BOARD HEARINGS. The board
6-20 shall develop and implement policies that provide the public with a
6-21 reasonable opportunity to appear before the board and to speak on
6-22 any issue under the jurisdiction of the board.
6-23 Sec. 6C. PROGRAM ACCESSIBILITY. The board shall prepare and
6-24 maintain a written plan that describes how a person who does not
6-25 speak English can be provided reasonable access to the board's
6-26 programs. The board shall also comply with federal and state laws
6-27 for program and facility accessibility.
7-1 Sec. 6D. TRAINING; STANDARDS OF CONDUCT INFORMATION. (a)
7-2 Each board member shall comply with the board member training
7-3 requirements established by any other state agency that is given
7-4 authority to establish the requirements for the board.
7-5 (b) The board shall provide to its members and employees, as
7-6 often as necessary, information regarding their qualifications for
7-7 office or employment under this Act and their responsibilities
7-8 under applicable laws relating to standards of conduct for state
7-9 officers or employees.
7-10 (c) The board shall develop and implement policies that
7-11 clearly define the respective responsibilities of the board and the
7-12 staff of the board.
7-13 SECTION 6. Sections 12(b), (c), and (d), Licensed
7-14 Professional Counselor Act (Article 4512g, Vernon's Texas Civil
7-15 Statutes), are amended to read as follows:
7-16 (b) If a written examination is required, the board shall
7-17 grade the examination and recommend to the chairman action to be
7-18 taken. To ensure impartiality, written examination documents shall
7-19 be identified by number, and no paper may be marked with the name
7-20 of an applicant but shall be anonymously graded by the board. The
7-21 board shall have the written portion of the examination, if any,
7-22 validated by an independent testing professional. In the event an
7-23 applicant fails to receive a passing grade on the entire
7-24 examination, he may reapply and shall be allowed to take a
7-25 subsequent examination. An applicant who has failed two successive
7-26 examinations may not reapply until two years have elapsed from the
7-27 date of the last examination or he has satisfactorily completed
8-1 nine graduate semester hours in the applicant's weakest portion of
8-2 the examination.
8-3 (c) Not later than the 30th day <Within 30 days> after the
8-4 day a licensing examination is administered under this Act, the
8-5 board shall notify each examinee of the results of the examination.
8-6 However, if an examination is graded or reviewed by a national
8-7 testing service, the board shall notify each examinee of the
8-8 results of the examination not later than the 14th day <within two
8-9 weeks> after the day the board receives the results from the
8-10 testing service. If the notice of the examination results graded
8-11 or reviewed by the national testing service will be delayed for
8-12 more than 90 days after the examination date, the board shall
8-13 notify the examinee of the reason for the delay before the 90th
8-14 day.
8-15 (d) If requested in writing by a person who fails the
8-16 examination for a license, the board shall furnish to the person an
8-17 analysis of the person's performance on the examination.
8-18 SECTION 7. Section 14, Licensed Professional Counselor Act
8-19 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
8-20 as follows:
8-21 Sec. 14. Licenses and Renewal of Licenses. (a) A license
8-22 certificate issued by the board is the property of the board and
8-23 must be surrendered on demand.
8-24 (b) The licensee shall display the license certificate in an
8-25 appropriate and public manner.
8-26 (c) The licensee shall inform the board of his current
8-27 address at all times.
9-1 (d) Each year the board shall prepare a registry of licensed
9-2 professional counselors with specialties, if any, identified. The
9-3 registry shall be made available to the licensees, other state
9-4 agencies, and the general public on request.
9-5 (e) The license may be renewed annually if the licensee is
9-6 not in violation of this Act at the time of application for renewal
9-7 <and if the applicant fulfills current requirements of continuing
9-8 education as established by the board>.
9-9 (f) The board of health by rule shall establish a minimum
9-10 number of hours of continuing education required to renew a license
9-11 under this Act. The board may assess the continuing education
9-12 needs of licensees and may require licensees to attend continuing
9-13 education courses specified by the board. The board of health by
9-14 rule shall develop a process to evaluate and approve continuing
9-15 education courses.
9-16 (g) The board shall identify the key factors for the
9-17 competent performance by a licensee of the licensee's professional
9-18 duties. The board shall implement a procedure to assess a
9-19 licensee's participation in continuing education programs.
9-20 (h) Each person licensed under this Act is responsible for
9-21 renewing his license before the expiration date.
9-22 (i) <(g)> The board shall adopt a system under which
9-23 licenses expire on various dates during the year. For the year in
9-24 which the expiration date is changed, license fees payable on the
9-25 date of issuance shall be prorated on a monthly basis so that each
9-26 licensee shall pay only that portion of the license fee that is
9-27 applicable to the number of months during which the license is
10-1 valid.
10-2 (j) A person may renew an unexpired license by paying to the
10-3 board before the expiration of the license the required renewal
10-4 fee.
10-5 (k) If a person's license has been expired for 90 days or
10-6 less, the person may renew the license by paying to the board the
10-7 required renewal fee and a fee that is one-half of the examination
10-8 fee for the license.
10-9 (l) If a person's license has been expired for longer than
10-10 90 days but less than one year, the person may renew the license by
10-11 paying to the board all unpaid renewal fees and a fee that is equal
10-12 to the examination fee for the license.
10-13 (m) If a person's license has been expired for one year or
10-14 longer, the person may not renew the license. The person may
10-15 obtain a new license by submitting to reexamination and complying
10-16 with the requirements and procedures for obtaining an original
10-17 license. However, the board may renew without reexamination an
10-18 expired license of a person who was licensed in this state, moved
10-19 to another state, and is currently licensed and has been in
10-20 practice in the other state for the two years preceding
10-21 application. The person must pay to the board a fee that is equal
10-22 to the examination fee for the license.
10-23 (n) At least 30 days before the expiration of a person's
10-24 license, the board shall send written notice of the impending
10-25 license expiration to the person at the licensee's last known
10-26 address according to the records of the board.
10-27 (o) <On renewal of the license on the new expiration date,
11-1 the total license fee is payable. Failure to renew a license by
11-2 the expiration date shall result in an increase of the renewal fee
11-3 by an amount to be determined by the board with the approval of the
11-4 department. If failure to renew continues for more than 30 days
11-5 after the date of expiration, the board shall notify the person
11-6 licensed under this Act of the expiration date of his license and
11-7 the amount of the fee required for renewal. If failure to renew
11-8 continues for more than 90 days after the date of expiration of the
11-9 license, the license shall be revoked. Any licensee whose license
11-10 is revoked because of failure to pay the annual license renewal fee
11-11 may secure reinstatement of his license at any time within one year
11-12 from the expiration date on payment of the license fee and a
11-13 penalty fee in an amount to be determined by the board with the
11-14 approval of the department. After the expiration of the year for
11-15 which the license fee was not paid, a license may not be reinstated
11-16 unless the licensee fulfills current requirements applicable to all
11-17 licensees as provided by the rules adopted by the board.>
11-18 <(h)> A licensee may request that his license be declared
11-19 inactive. The licensee then foregoes the licensing rights granted
11-20 under this Act but is relieved of renewal fees and penalty fees.
11-21 At any time in the future, the license shall be declared active on
11-22 the payment of a license fee if the applicant is not in violation
11-23 of this Act at the time of application for reactivation or renewal
11-24 of the license and if the applicant fulfills current requirements
11-25 applicable to all licensees as provided by the rules adopted by the
11-26 board of health.
11-27 (p) The board of health by rule may provide for the issuance
12-1 of a temporary license. Rules adopted under this subsection shall
12-2 include a time limit for a temporary license.
12-3 SECTION 8. Section 16, Licensed Professional Counselor Act
12-4 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
12-5 as follows:
12-6 Sec. 16. Revocation or Suspension of License. (a) The
12-7 board shall <may> revoke or suspend the license of a counselor,
12-8 place on probation a counselor whose license has been suspended, or
12-9 reprimand a counselor if <on proof that> the counselor:
12-10 (1) has violated this Act or a rule or code of ethics
12-11 adopted by the board; or
12-12 (2) is legally committed to an institution because of
12-13 mental incompetence from any cause.
12-14 (b) If a license suspension is probated, the board may
12-15 require the licensee to:
12-16 (1) report regularly to the board on matters that are
12-17 the basis of the probation;
12-18 (2) limit practice to the areas prescribed by the
12-19 board; or
12-20 (3) continue or review continuing professional
12-21 education until the licensee attains a degree of skill satisfactory
12-22 to the board in those areas that are the basis of the probation.
12-23 (c) A licensee is entitled to a hearing conducted by the
12-24 State Office of Administrative Hearings before a sanction is
12-25 imposed under this section.
12-26 (d) The board of health by rule shall adopt a broad schedule
12-27 of sanctions for violations under this Act. The State Office of
13-1 Administrative Hearings shall use the schedule for any sanction
13-2 imposed as the result of a hearing conducted by that office.
13-3 (e) Proceedings for revocation or suspension of a license
13-4 and appeals from those proceedings are governed by the
13-5 Administrative Procedure and Texas Register Act, as amended
13-6 (Article 6252-13a, Vernon's Texas Civil Statutes).
13-7 SECTION 9. The Licensed Professional Counselor Act (Article
13-8 4512g, Vernon's Texas Civil Statutes) is amended by adding Sections
13-9 16A, 16B, 16C, and 16D to read as follows:
13-10 Sec. 16A. COMPLAINT PROCEDURE IN GENERAL. (a) The board
13-11 shall keep an information file about each complaint filed with the
13-12 board. The board's information file shall be kept current and
13-13 contain a record for each complaint of:
13-14 (1) all persons contacted in relation to the
13-15 complaint;
13-16 (2) a summary of findings made at each step of the
13-17 complaint process;
13-18 (3) an explanation of the legal basis and reason for a
13-19 complaint that is dismissed; and
13-20 (4) other relevant information.
13-21 (b) If a written complaint is filed with the board that the
13-22 board has authority to resolve, the board, at least as frequently
13-23 as quarterly and until final disposition of the complaint, shall
13-24 notify the parties to the complaint of the status of the complaint
13-25 unless the notice would jeopardize an undercover investigation.
13-26 (c) The board of health by rule shall adopt a form to
13-27 standardize information concerning complaints made to the board.
14-1 The board of health by rule shall prescribe information to be
14-2 provided to a person when the person files a complaint with the
14-3 board.
14-4 (d) The board shall provide reasonable assistance to a
14-5 person who wishes to file a complaint with the board.
14-6 Sec. 16B. COMPLAINT INVESTIGATION AND DISPOSITION. (a) The
14-7 board of health shall adopt rules concerning the investigation of a
14-8 complaint filed with the board. The rules adopted under this
14-9 subsection shall:
14-10 (1) distinguish between categories of complaints;
14-11 (2) ensure that complaints are not dismissed without
14-12 appropriate consideration;
14-13 (3) require that the board be advised of a complaint
14-14 that is dismissed and that a letter be sent to the person who filed
14-15 the complaint explaining the action taken on the dismissed
14-16 complaint;
14-17 (4) ensure that the person who filed the complaint has
14-18 an opportunity to explain the allegations made in the complaint;
14-19 and
14-20 (5) prescribe guidelines concerning the categories of
14-21 complaints that require the use of a private investigator and the
14-22 procedures for the board to obtain the services of a private
14-23 investigator.
14-24 (b) The board shall dispose of all complaints in a timely
14-25 manner. The board shall establish a schedule for conducting each
14-26 phase of a complaint that is under the control of the board not
14-27 later than the 30th day after the date the complaint is received by
15-1 the board. The schedule shall be kept in the information file for
15-2 the complaint and all parties shall be notified of the projected
15-3 time requirements for pursuing the complaint. A change in the
15-4 schedule must be noted in the complaint information file and all
15-5 parties to the complaint must be notified not later than the
15-6 seventh day after the date the change is made.
15-7 (c) The executive director of the board shall notify the
15-8 board of a complaint that extends beyond the time prescribed by the
15-9 board for resolving the complaint so that the board may take
15-10 necessary action on the complaint.
15-11 Sec. 16C. INFORMAL PROCEEDINGS. (a) The board of health by
15-12 rule shall adopt procedures governing:
15-13 (1) informal disposition of a contested case under
15-14 Section 13(e), Administrative Procedure and Texas Register Act
15-15 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
15-16 subsequent amendments; and
15-17 (2) informal proceedings held in compliance with
15-18 Section 18(c), Administrative Procedure and Texas Register Act
15-19 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
15-20 subsequent amendments.
15-21 (b) Rules adopted under this section must provide the
15-22 complainant and the licensee an opportunity to be heard and must
15-23 require the presence of an attorney to advise the board or board's
15-24 employees. The attorney must be a member of the board's legal
15-25 staff if the board has a legal staff. If the board does not have a
15-26 legal staff, the attorney must be an employee of the office of the
15-27 attorney general.
16-1 Sec. 16D. MONITORING OF LICENSEES. The board of health by
16-2 rule shall develop a system for monitoring licensees' compliance
16-3 with the requirements of this Act. Rules adopted under this
16-4 section shall include procedures for monitoring a licensee who is
16-5 ordered by the board to perform certain acts to ascertain that the
16-6 licensee performs the required acts and to identify and monitor
16-7 licensees who represent a risk to the public.
16-8 SECTION 10. Section 17, Licensed Professional Counselor Act
16-9 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
16-10 as follows:
16-11 Sec. 17. Power to Sue. The board <or the department> may
16-12 institute a suit in its own name to enjoin the violation of this
16-13 Act. The suit is in addition to any other action, proceeding, or
16-14 remedy authorized by law. The board shall be represented by the
16-15 attorney general or the appropriate county or district attorney.
16-16 SECTION 11. Section 18, Licensed Professional Counselor Act
16-17 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
16-18 as follows:
16-19 Sec. 18. ENDORSEMENT <Reciprocity>. (a) The board may
16-20 grant, on application and payment of fees, a provisional license
16-21 <without examination> to a person who at the time of application
16-22 holds a valid license or certificate as a counselor issued by
16-23 another state or any political territory or jurisdiction acceptable
16-24 to the board <if in the board's opinion the requirements for that
16-25 license or certificate are substantially the same as the
16-26 requirements of this Act>. An applicant for a provisional license
16-27 under this section must:
17-1 (1) be licensed in good standing as a counselor in
17-2 another state, territory, or jurisdiction that has licensing
17-3 requirements that are substantially equivalent to the requirements
17-4 of this Act;
17-5 (2) have passed a national or other examination
17-6 recognized by the board relating to counseling; and
17-7 (3) be sponsored by a person licensed by the board
17-8 under this Act with whom the provisional licensee may practice
17-9 under this section.
17-10 (b) An applicant for a provisional license may be excused
17-11 from the requirement of Subsection (a)(3) of this section if the
17-12 board determines that compliance with that subsection constitutes a
17-13 hardship to the applicant.
17-14 (c) A provisional license is valid until the date the board
17-15 approves or denies the provisional licensee's application for a
17-16 license. The board shall issue a license under this Act to the
17-17 holder of a provisional license under this section if:
17-18 (1) the provisional licensee passes the examination
17-19 required by Section 12 of this Act;
17-20 (2) the board verifies that the provisional licensee
17-21 has the academic and experience requirements for a license under
17-22 this Act; and
17-23 (3) the provisional licensee satisfies any other
17-24 license requirements under this Act.
17-25 (d) The board must complete the processing of a provisional
17-26 licensee's application for a license not later than the 180th day
17-27 after the date the provisional license is issued.
18-1 SECTION 12. Section 19, Licensed Professional Counselor Act
18-2 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
18-3 as follows:
18-4 Sec. 19. Revenue, Receipts and Disbursements. (a) The
18-5 department shall receive and account for funds derived under this
18-6 Act. The funds shall be deposited in the State Treasury to the
18-7 credit of a special fund to be known as the professional counselors
18-8 licensing fund and may be used only for the administration of this
18-9 Act.
18-10 (b) <The board may impose application, examination, license,
18-11 and renewal fees and any other appropriate fees in an amount fixed
18-12 by the board.> The board of health by rule shall establish
18-13 reasonable and necessary <fix the amounts of the> fees so that the
18-14 fees, in the aggregate, produce <to collect> sufficient revenue to
18-15 meet the expenses of administering this Act without accumulating
18-16 unnecessary surpluses.
18-17 (c) The fees set by the board of health may be adjusted so
18-18 that the total fees collected are sufficient to meet the expenses
18-19 of administering this Act. The board of health may not set a fee
18-20 for an amount less than the amount of that fee on September 1,
18-21 1993.
18-22 SECTION 13. Section 21, Licensed Professional Counselor Act
18-23 (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
18-24 as follows:
18-25 Sec. 21. Sunset provision. The Texas State Board of
18-26 Examiners of Professional Counselors is subject to Chapter 325,
18-27 Government Code (Texas Sunset Act). Unless the board is continued
19-1 in existence as provided by that chapter, the board is abolished
19-2 September 1, 2005 <1993>.
19-3 SECTION 14. The changes in law made by this Act in the
19-4 qualifications of, and prohibitions applying to, members of the
19-5 Texas State Board of Examiners of Professional Counselors do not
19-6 affect the entitlement of a member appointed before September 1,
19-7 1993, to continue to hold office on the board for the term for
19-8 which the member was appointed. The changes in law apply only to a
19-9 member appointed on or after September 1, 1993.
19-10 SECTION 15. Section 22, Licensed Professional Counselor Act
19-11 (Article 4512g, Vernon's Texas Civil Statutes), is repealed.
19-12 SECTION 16. This Act takes effect September 1, 1993.
19-13 SECTION 17. The importance of this legislation and the
19-14 crowded condition of the calendars in both houses create an
19-15 emergency and an imperative public necessity that the
19-16 constitutional rule requiring bills to be read on three several
19-17 days in each house be suspended, and this rule is hereby suspended.