By Hamric                                             H.B. No. 2981
       74R6326 KLL-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the certification of mammography systems.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 401.423(b), Health and Safety Code, is
    1-5  amended to read as follows:
    1-6        (b)  The department <board> shall apply under the Mammography
    1-7  Quality Standards Act of 1992 (42 U.S.C. Section 354) to become an
    1-8  accreditation body and carry out the certification program
    1-9  requirements and to implement the standards established by the
   1-10  United States Secretary of Health under that Act in this state.  If
   1-11  the United States Secretary of Health grants the department's
   1-12  <board's> application, the department <board> shall assume those
   1-13  responsibilities.
   1-14        SECTION 2.  Section 401.427, Health and Safety Code, is
   1-15  amended to read as follows:
   1-16        Sec. 401.427.  CERTIFICATION RENEWAL; FEES.  (a)  A
   1-17  certification is valid for three years <one year and may be renewed
   1-18  annually on payment of the required renewal fee>.
   1-19        (b)  The board by rule may adopt a system under which
   1-20  certifications under this subchapter expire on various dates during
   1-21  the year.
   1-22        (c)  If a certification holder fails to renew the
   1-23  certification by the required date, the certification holder may
   1-24  renew the certification on payment of the annual <renewal> fee and
    2-1  a late fee set by the board.  If the certification is not renewed
    2-2  before the 181st day after the date on which the certification
    2-3  expired, the certification holder must apply for an original
    2-4  certification under this subchapter.
    2-5        (d)  A mammography system may not be used after the
    2-6  expiration date of the certification unless the holder of the
    2-7  expired certification has made a timely and sufficient application
    2-8  for renewal of the certification as provided under Section
    2-9  2001.054, Government Code <18, Administrative Procedure and Texas
   2-10  Register Act (Article 6252-13a, Vernon's Texas Civil Statutes)>,
   2-11  and a final determination of the application by the board has not
   2-12  been made.
   2-13        (e)  The board shall set and collect an annual fee for
   2-14  certification holders in an amount reasonable and necessary to
   2-15  administer this subchapter.  A certification holder who fails to
   2-16  pay the annual fee on time shall pay the annual fee and a late fee
   2-17  set by the board.
   2-18        SECTION 3.  Section 401.430(a), Health and Safety Code, is
   2-19  amended to read as follows:
   2-20        (a)  The department shall inspect each mammography system
   2-21  that receives a certification under this subchapter not later than
   2-22  the 60th day after the date the certification is issued if the
   2-23  mammography system has not been fully certified under the
   2-24  Mammography Quality Standards Act of 1992 (42 U.S.C.  Section 354).
   2-25        SECTION 4.  Sections 401.425 and 401.431, Health and Safety
   2-26  Code, are repealed.
   2-27        SECTION 5.  The importance of this legislation and the
    3-1  crowded condition of the calendars in both houses create an
    3-2  emergency and an imperative public necessity that the
    3-3  constitutional rule requiring bills to be read on three several
    3-4  days in each house be suspended, and this rule is hereby suspended,
    3-5  and that this Act take effect and be in force from and after its
    3-6  passage, and it is so enacted.