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.