By Flores H.B. No. 1405 75R5385 PB-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the consolidation under the jurisdiction of the Texas 1-3 Department of Licensing and Regulation of certain administrative 1-4 functions affecting occupational regulatory agencies. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Title 132A, Revised Statutes, is amended by 1-7 adding Article 9101 to read as follows: 1-8 Art. 9101. CONSOLIDATION AT DEPARTMENT OF CERTAIN 1-9 ADMINISTRATIVE FUNCTIONS OF OCCUPATIONAL REGULATORY AGENCIES 1-10 Sec. 1. DEFINITIONS. In this article: 1-11 (1) "Commissioner" means the commissioner of licensing 1-12 and regulation. 1-13 (2) "Department" means the Texas Department of 1-14 Licensing and Regulation. 1-15 (3) "Occupational regulatory agency" means a state 1-16 agency that licenses or otherwise issues an official credential to 1-17 a person under which the person is authorized to perform an 1-18 occupation that is regulated on a statewide basis. 1-19 (4) "Person" means an individual, partnership, 1-20 association, corporation, or other private legal entity. 1-21 Sec. 2. PERFORMANCE OF ADMINISTRATIVE SERVICES. (a) 1-22 Notwithstanding any other law to the contrary, the department shall 1-23 provide administrative services to the occupational regulatory 1-24 agencies of this state as provided by this section. 2-1 (b) The administrative services provided under this section 2-2 include revenue processing services, payroll services, personnel 2-3 processing services, purchasing, and financial reporting. 2-4 (c) On the request of an occupational regulatory agency, the 2-5 department may perform additional routine administrative services 2-6 for the agency if: 2-7 (1) the commissioner determines that the performance 2-8 of those services is an appropriate function for the department; 2-9 and 2-10 (2) the commissioner and the governing body of the 2-11 occupational regulatory agency enter into a written agreement that 2-12 specifies the additional services to be performed by the 2-13 department. 2-14 (d) This article does not affect the authority of an 2-15 occupational regulatory agency to make decisions affecting the 2-16 operation of the agency, including hiring decisions, promotion 2-17 decisions, approval of purchases for the agency, and approval of 2-18 travel by officers or employees of the agency. Each agency retains 2-19 responsibility for developing that agency's strategic plan and any 2-20 budget requests relating to the agency. 2-21 Sec. 3. MEMORANDA OF UNDERSTANDING. (a) The commissioner 2-22 shall enter into memoranda of understanding with the General 2-23 Services Commission, the Health Professions Council, and each 2-24 occupational regulatory agency as necessary to implement this 2-25 article. 2-26 (b) The commissioner may enter into memoranda of 2-27 understanding with additional state agencies as determined by the 3-1 commissioner to be useful in the implementation of this article. 3-2 Sec. 4. RULES. The commissioner shall adopt rules as 3-3 necessary to implement this article. 3-4 Sec. 5. REPORT. (a) Not later than January 20, 1999, the 3-5 commissioner shall issue a written report to the lieutenant 3-6 governor, the speaker of the house of representatives, the 3-7 comptroller, and the members of the 76th Legislature regarding the 3-8 implementation of the consolidation of administrative services 3-9 under this article. 3-10 (b) This section expires February 1, 1999. 3-11 SECTION 2. (a) The commissioner of licensing and regulation 3-12 shall adopt rules and enter memoranda of understanding as required 3-13 by Article 9101, Revised Statutes, as added by this Act, not later 3-14 than January 1, 1998. 3-15 (b) The Texas Department of Licensing and Regulation shall 3-16 begin to provide administrative services to occupational regulatory 3-17 agencies as required by Article 9101, Revised Statutes, as added 3-18 by this Act, not later than March 1, 1998. 3-19 SECTION 3. This Act takes effect September 1, 1997. 3-20 SECTION 4. The importance of this legislation and the 3-21 crowded condition of the calendars in both houses create an 3-22 emergency and an imperative public necessity that the 3-23 constitutional rule requiring bills to be read on three several 3-24 days in each house be suspended, and this rule is hereby suspended.