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.