LSL H.B. 2573 75(R)    BILL ANALYSIS


PUBLIC HEALTH
H.B. 2573
By: Berlanga
4-10-97
Committee Report (Unamended)


BACKGROUND 

Currently, 11 of the 14 boards associated with the Texas Department of
Health (TDH) through the Professional Licensing and Certification Division
have statutory authority to set reasonable and necessary fees.  The
general purpose of these fees is to provide for administrative support,
conducting examinations, issuing licenses, and other statutory
responsibilities.  Some of the boards that have this authority include the
Texas State Board of Examiners of Professional Counselors, Texas State
Board of Examiners of Marriage and Family Therapists, State Committee of
Examiners of Speech-Language of Hearing Instruments, and the Texas Board
of Licensure for Professional Medical Physicists.   

The Advisory Board of Athletic Trainers does not have this authority, and
therefore, does not have the ability or the authority to set a fee
structure or collect fees necessary to administer programs or bylaws that
have been established by the board. 

PURPOSE

HB 2573 allows the Advisory Board of Athletic Trainers to collect
sufficient fees to cover the cost of administering the Athletic Trainers
Act by removing the statutory fee amounts and statutory limits, but
establishes accountability of these fees by requiring consultation with
the Department of Health and subjecting financial transactions by the
board to state audits. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill expressly grants additional
rulemaking authority to the Advisory Board of Athletic Trainers (board) in
SECTION 1 (Section 7(a), Article 4512d, Vernon's Texas Civil Statutes).  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sec. 7, Chapter 498, Acts of the 62nd Legislature,
Regular Session, 1971 (Article 4512d, Vernon's Texas Civil Statutes), as
follows: 

Subsection (a) requires the board, by rule, to set fees in amounts
reasonable and necessary to collect sufficient revenue to cover the costs
of administering this Act, after consultation with the commissioner of TDH
or TDH.  Deletes permissive language and reference to charging license and
examination fees. 

Subsection (b) requires TDH to receive and account for fees received under
this Act. Requires TDH to transmit the fees to the comptroller for deposit
in a special account in the general revenue fund designated as the
licensed athletic trainers account.  Establishes that the account funds be
used only for the administration of this Act.  Deletes language regarding
board restrictions on fee charges. 

Subsection (c) requires TDH to file annually, a complete and detailed
report to the governor and the presiding officer of each house of the
legislature accounting for all funds received and disbursed by the board
or TDH during the preceding fiscal year. Stipulates that the report must
be in the form and reported in the time provided by the General
Appropriations Act. 
 
Subsection (d) provides that the financial transactions of the board or
TDH under this Act are subject to audits by the state auditor in
accordance with Chapter 321, Government Code. 

SECTION 2.  Effective date of this Act is September 1, 1997.

SECTION 3.  Emergency Clause.