Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

      By Junell                                       H.B. No. 1920

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the abolition of the Texas Board of Nursing Facility

 1-3     Administrators and the transfer of the regulation of nursing

 1-4     facility administrators to the Texas Department of Human Services;

 1-5     providing penalties.

 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-7           SECTION 1.  Chapter 242, Health and Safety Code, is amended

 1-8     by adding Subchapter I to read as follows:

 1-9                  SUBCHAPTER I.  NURSING FACILITY ADMINISTRATION

1-10           Sec. 242.301.  DEFINITIONS.  In this subchapter:

1-11                 (1)  "Nursing facility" means an institution or

1-12     facility that is licensed as a nursing home, nursing facility, or

1-13     skilled nursing facility by the department under this chapter.

1-14                 (2)  "Nursing facility administrator" or

1-15     "administrator" means a person who engages in the practice of

1-16     nursing facility administration, without regard to whether the

1-17     person has an ownership interest in the facility or whether the

1-18     functions and duties are shared with any other person.

1-19                 (3)  "Practice of nursing facility administration"

1-20     means the performance of the acts of administering, managing,

1-21     supervising, or being in general administrative charge of a nursing

1-22     facility.

1-23           Sec. 242.302.  POWERS AND DUTIES OF DEPARTMENT.  (a)  The

1-24     board may adopt rules consistent with this subchapter.

 2-1           (b)  The department shall:

 2-2                 (1)  adopt and publish a code of ethics for nursing

 2-3     facility administrators;

 2-4                 (2)  establish the qualifications of applicants for

 2-5     licenses and the renewal of licenses issued under this subchapter;

 2-6                 (3)  spend funds necessary for the proper

 2-7     administration of the department's assigned duties under this

 2-8     subchapter;

 2-9                 (4)  establish reasonable and necessary fees for the

2-10     administration and implementation of this subchapter; and

2-11                 (5)  establish a minimum number of hours of continuing

2-12     education required to renew a license issued under this subchapter

2-13     and periodically assess the continuing education needs of license

2-14     holders to determine whether specific course content should be

2-15     required.

2-16           Sec. 242.303.  FEES; FUNDS.  (a)  The board by rule shall set

2-17     reasonable and necessary fees in amounts necessary to cover the

2-18     cost of administering this subchapter.  The board by rule may set

2-19     different licensing fees for different categories of licenses.

2-20           (b)  The department shall receive and account for funds

2-21     received under this subchapter.  The funds shall be deposited in

2-22     the state treasury to the credit of the general revenue fund in an

2-23     account known as the licensed nursing facility administrators

2-24     account to be used only for the administration of this subchapter.

2-25           (c)  The department may receive and disburse funds received

2-26     from any federal source for the furtherance of the department's

2-27     functions under this subchapter.

2-28           Sec. 242.304.  PRACTICING WITHOUT A LICENSE.  A person may

2-29     not act as a nursing facility administrator or represent to others

2-30     that the person is a nursing facility administrator unless the

 3-1     person is licensed under this subchapter.

 3-2           Sec. 242.305.  LICENSE APPLICATION; QUALIFICATIONS. (a)  An

 3-3     applicant for a nursing facility administrator's license must

 3-4     submit a sworn application that is accompanied by the application

 3-5     fee.

 3-6           (b)  The board shall prescribe the form of the application

 3-7     and may by rule establish dates by which applications and fees must

 3-8     be received.

 3-9           (c)  An applicant for a nursing facility administrator's

3-10     license must take a licensing examination under this subchapter.

3-11     To qualify for the licensing examination, the applicant must have

3-12     satisfactorily completed a course of instruction and training

3-13     prescribed by the board that is conducted by or in cooperation with

3-14     an accredited postsecondary educational institution and that is

3-15     designed and administered to provide sufficient knowledge of:

3-16                 (1)  the needs served by nursing facilities;

3-17                 (2)  the laws governing the operation of nursing

3-18     facilities and the protection of the interests of facility

3-19     residents; and

3-20                 (3)  the elements of nursing facility administration.

3-21           (d)  An applicant who has not completed the course of

3-22     instruction and training described by Subsection (c) must present

3-23     evidence satisfactory to the department of having completed

3-24     sufficient education, training, and experience in the fields

3-25     described by Subsection (c) to enable the applicant to engage in

3-26     the practice of nursing facility administration.

3-27           Sec. 242.306.  EXAMINATION.  (a)  The licensing examination

3-28     shall be prepared or approved by the department and shall be

3-29     administered by the department to qualified applicants at least

3-30     twice each calendar year.  The department shall have the written

 4-1     portion of the examination, if any, validated by a testing

 4-2     professional.

 4-3           (b)  Not later than the 30th day after the date on which a

 4-4     licensing examination is administered under this subchapter, the

 4-5     department shall notify each examinee of the results of the

 4-6     examination.  If an examination is graded or reviewed by a national

 4-7     or state testing service, the department shall notify examinees of

 4-8     the results of the examination not later than two weeks after the

 4-9     date the department receives the results from the testing service.

4-10     If the notice of the examination results will be delayed for more

4-11     than 90 days after the examination date, the department shall

4-12     notify the examinee of the reason for the delay before the 90th

4-13     day.

4-14           (c)  If requested in writing by a person who fails the

4-15     licensing examination, the department shall furnish the person with

4-16     an analysis of the person's performance on the examination.

4-17           (d)  The board may establish by rule additional educational

4-18     requirements to be met by an applicant who fails the examination

4-19     three times.

4-20           Sec. 242.307.  LICENSES; TEMPORARY LICENSE; INACTIVE STATUS.

4-21     (a)  A person who meets the requirements for licensing under this

4-22     subchapter is entitled to receive a license.  A nursing facility

4-23     administrator's license is not transferable.

4-24           (b)  A person licensed under this subchapter must notify the

4-25     department of the license holder's correct mailing address.

4-26           (c)  A license is valid for two years.  The board by rule may

4-27     adopt a system under which licenses expire on various dates during

4-28     the two-year period.   For the year in which a license expiration

4-29     date is changed, license fees payable on the original expiration

4-30     date shall be prorated on a monthly basis so that each license

 5-1     holder shall pay only that portion of the license fee that is

 5-2     allocable to the number of months during which the license is

 5-3     valid.  On renewal of the license on the new expiration date, the

 5-4     total license renewal fee is payable.

 5-5           (d)  The board by rule may provide for the issuance of a

 5-6     temporary license.   Rules adopted under this section shall include

 5-7     a time limit for a licensee to practice under a temporary license.

 5-8           (e)  The board by rule may provide for a license holder to be

 5-9     placed on inactive status.

5-10           Sec. 242.308.  PROVISIONAL LICENSE.  (a)  On application, the

5-11     department shall grant a provisional license under this subchapter.

5-12     An applicant for a provisional license under this section must:

5-13                 (1)  be licensed in good standing as a nursing facility

5-14     administrator in another state, the District of Columbia, or a

5-15     territory of the United States that has licensing requirements that

5-16     are substantially equivalent to the requirements of this

5-17     subchapter;

5-18                 (2)  have passed a national or other examination

5-19     recognized by the board relating to the practice of nursing

5-20     facility administration; and

5-21                 (3)  be sponsored by a person licensed under this

5-22     subchapter with whom the provisional license holder may practice

5-23     under this section.

5-24           (b)  An applicant for a provisional license may be excused

5-25     from the requirement of Subsection (a)(3) if the department

5-26     determines that compliance with that subsection constitutes a

5-27     hardship to the applicant.

5-28           (c)  A provisional license is valid until the date the

5-29     department approves or denies the provisional license holder's

5-30     application for a license.  The department shall issue a license

 6-1     under this subchapter to the holder of a provisional license under

 6-2     this section if:

 6-3                 (1)  the provisional license holder passes the

 6-4     examination required by Section 242.305(c);

 6-5                 (2)  the department verifies that the provisional

 6-6     license holder has the academic and experience requirements for a

 6-7     license under this subchapter; and

 6-8                 (3)  the provisional license holder satisfies any other

 6-9     license requirements under this subchapter.

6-10           (d)  The department shall complete the processing of a

6-11     provisional license holder's application for a license not later

6-12     than the 180th day after the date the provisional license is

6-13     issued.  The department may extend this time in order to receive

6-14     the results of a national examination or other examination

6-15     administered or graded by an outside organization recognized by the

6-16     department.

6-17           Sec. 242.309.  LICENSE RENEWAL.  (a)  A person may renew an

6-18     unexpired license by paying to the department before the expiration

6-19     of the license the required renewal fee.

6-20           (b)  If a person's license has been expired for 90 days or

6-21     less, the person may renew the license by paying to the department

6-22     the required renewal fee and a fee that is one-half of the

6-23     examination fee for the license.

6-24           (c)  If a person's license has been expired for longer than

6-25     90 days but less than one year, the person may renew the license by

6-26     paying to the department all unpaid renewal fees and a fee that is

6-27     equal to the examination fee for the license.

6-28           (d)  If a person's license has been expired for one year or

6-29     longer, the person may not renew the license.  The person may

6-30     obtain a new license by complying with the requirements and

 7-1     procedures for obtaining an original license.  However, the

 7-2     department may renew without reexamination an expired license of a

 7-3     person who was licensed in this state, moved to another state, and

 7-4     is currently licensed and has been in practice in the other state

 7-5     for the two years preceding application.  The person must pay to

 7-6     the department a fee that is equal to the examination fee for the

 7-7     license.

 7-8           (e)  At least 30 days before the expiration of a person's

 7-9     license, the department shall send written notice of the impending

7-10     license expiration to the person at the license holder's last known

7-11     address according to the records of the department.

7-12           Sec. 242.310.  MANDATORY CONTINUING EDUCATION.  (a)  The

7-13     board by rule shall establish a minimum number of hours of

7-14     continuing education required to renew a license under this

7-15     subchapter.  The department may assess the continuing education

7-16     needs of license holders and may require license holders to attend

7-17     continuing education courses specified by the board.

7-18           (b)  The board shall identify the key factors for the

7-19     competent performance by a license holder of the license holder's

7-20     professional duties.  The department shall adopt a procedure to

7-21     assess a license holder's participation in continuing education

7-22     programs.

7-23           Sec. 242.311.  COMPLAINT RECEIPT, INVESTIGATION, AND

7-24     DISPOSITION.  (a)  The department shall keep an information file

7-25     about each complaint filed with the department regarding a person

7-26     licensed under this subchapter.  The department's information file

7-27     shall be kept current and contain a record for each complaint of:

7-28                 (1)  all persons contacted in relation to the

7-29     complaint;

7-30                 (2)  a summary of findings made at each step of the

 8-1     complaint process;

 8-2                 (3)  an explanation of the legal basis and reason for a

 8-3     complaint that is dismissed; and

 8-4                 (4)  other relevant information.

 8-5           (b)  If a written complaint is filed with the department that

 8-6     the department has authority to resolve, the department, at least

 8-7     as frequently as quarterly and until final disposition of the

 8-8     complaint, shall notify the parties to the complaint of the status

 8-9     of the complaint unless the notice would jeopardize an undercover

8-10     investigation.

8-11           (c)  The board by rule shall adopt a form to standardize

8-12     information concerning complaints made to the department.  The

8-13     board by rule shall prescribe information to be provided to a

8-14     person when the person files a complaint with the department.

8-15           (d)  The department shall provide reasonable assistance to a

8-16     person who wishes to file a complaint with the department.

8-17           (e)  The board shall adopt rules concerning the investigation

8-18     of complaints filed with the department.  The rules adopted under

8-19     this subsection shall:

8-20                 (1)  distinguish between categories of complaints;

8-21                 (2)  ensure that complaints are not dismissed without

8-22     appropriate consideration;

8-23                 (3)  require that the board be advised at least

8-24     quarterly of complaints that have been dismissed and require that a

8-25     letter be sent to each person who has filed a complaint that is

8-26     dismissed explaining the action taken on the complaint;

8-27                 (4)  ensure that the person who filed the complaint has

8-28     an opportunity to explain the allegations made in the complaint;

8-29     and

8-30                 (5)  prescribe guidelines concerning the categories of

 9-1     complaints that may require the use of a private investigator and

 9-2     the procedures for the department to obtain the services of a

 9-3     private investigator.

 9-4           (f)  The department shall dispose of all complaints in a

 9-5     timely manner.  The board by rule shall establish a schedule for

 9-6     initiating a complaint investigation that is under the control of

 9-7     the department not later than the 30th day after the date the

 9-8     complaint is received by the department.  The schedule shall be

 9-9     kept in the information file for the complaint, and all parties

9-10     shall be notified of the projected time requirements for pursuing

9-11     the complaint.  A change in the schedule must be noted in the

9-12     complaint information file and all parties to the complaint must be

9-13     notified not later than the seventh day after the date the change

9-14     is made.

9-15           (g)  The commissioner shall notify the board at least

9-16     quarterly of complaints that have extended beyond the time

9-17     prescribed by the board for resolving complaints so that the

9-18     department may take any necessary corrective actions on the

9-19     processing of complaints.

9-20           Sec. 242.312.  SANCTIONS.  (a)  The department may revoke,

9-21     suspend, or refuse to renew a nursing facility administrator's

9-22     license, assess an administrative penalty, issue a written

9-23     reprimand, require participation in continuing education, or place

9-24     an administrator on probation, after due notice and hearing, on

9-25     proof of any of the following grounds:

9-26                 (1)  the license holder has wilfully or repeatedly

9-27     violated a provision of this subchapter or a rule adopted under

9-28     this subchapter;

9-29                 (2)  the license holder has wilfully or repeatedly

9-30     acted in a manner inconsistent with the health and safety of the

 10-1    residents of a facility of which the license holder is an

 10-2    administrator;

 10-3                (3)  the license holder obtained or attempted to obtain

 10-4    a license through misrepresentation or deceit or by making a

 10-5    material misstatement of fact on a license application;

 10-6                (4)  the license holder's use of alcohol or drugs

 10-7    creates a hazard to the residents of a facility;

 10-8                (5)  a judgment of a court of competent jurisdiction

 10-9    finds that the license holder is mentally incapacitated;

10-10                (6)  the license holder has been convicted in a court

10-11    of competent jurisdiction of a misdemeanor or felony involving

10-12    moral turpitude; or

10-13                (7)  the license holder has been negligent or

10-14    incompetent in the license holder's duties as a nursing facility

10-15    administrator.

10-16          (b)  If a license sanction is probated, the department may

10-17    require the license holder to:

10-18                (1)  report regularly to the department on matters that

10-19    are the basis of the probation;

10-20                (2)  limit practice to the areas prescribed by the

10-21    department; or

10-22                (3)  continue or review continuing professional

10-23    education until the license holder attains a degree of skill

10-24    satisfactory to the department in those areas that are the basis of

10-25    the probation.

10-26          (c)  A license holder is entitled to a hearing in accordance

10-27    with rules promulgated by the board before a sanction is imposed

10-28    under this section.

10-29          (d)  The board by rule shall adopt a broad schedule of

10-30    sanctions for violations under this subchapter.  The department

 11-1    shall use the schedule for any sanction imposed as the result of a

 11-2    hearing conducted in accordance with the rules.

 11-3          Sec. 242.313.  WRITTEN REPRIMAND AND CONTINUING EDUCATION AS

 11-4    SANCTIONS.  In addition to the other disciplinary actions

 11-5    authorized under this subchapter, the department may issue a

 11-6    written reprimand to a license holder who violates this subchapter

 11-7    or require that a license holder who violates this subchapter

 11-8    participate in continuing education programs.  The department shall

 11-9    specify the continuing education programs that may be attended and

11-10    the number of hours that must be completed by a license holder to

11-11    fulfill the requirements of this section.

11-12          Sec. 242.314.  ADMINISTRATIVE PENALTY AS SANCTIONS.  (a)  The

11-13    department may impose an administrative penalty against a person

11-14    licensed or regulated under this subchapter who violates this

11-15    subchapter or a rule adopted by the board under this subchapter.

11-16          (b)  The penalty for a violation may be in an amount not to

11-17    exceed $1,000.  Each day a violation occurs or continues is a

11-18    separate violation for purposes of imposing a penalty.

11-19          (c)  The amount of the penalty shall be based on:

11-20                (1)  the seriousness of the violation, including the

11-21    nature, circumstances, extent, and gravity of any prohibited acts,

11-22    and the hazard or potential hazard created to the health, safety,

11-23    or economic welfare of the public;

11-24                (2)  the economic harm to property or the environment

11-25    caused by the violation;

11-26                (3)  the history of previous violations;

11-27                (4)  the amount necessary to deter future violations;

11-28                (5)  efforts to correct the violations; and

11-29                (6)  any other matter that justice may require.

11-30          Sec. 242.315.  NOTICE AND HEARING.  (a)  If the department

 12-1    determines that a violation has occurred, the department shall give

 12-2    written notice of the determination to the person alleged to have

 12-3    committed the violation.  The notice may be given by certified

 12-4    mail.  The notice must include a brief summary of the alleged

 12-5    violation and a statement of the amount of the recommended penalty

 12-6    and must inform the person that the person has a right to a hearing

 12-7    on the occurrence of the violation, the amount of the penalty, or

 12-8    both the occurrence of the violation and the amount of the penalty.

 12-9          (b)  Within 20 days after the date the person receives the

12-10    notice, the person in writing may accept the determination and the

12-11    penalty recommended by the department or may make a written request

12-12    for a hearing on the occurrence of the violation, the amount of the

12-13    penalty, or both the occurrence of the violation and the amount of

12-14    the penalty.

12-15          (c)  If the person accepts the determination and the penalty

12-16    recommended by the department, the department shall impose the

12-17    recommended penalty.

12-18          (d)  If the person requests a hearing or fails to respond

12-19    timely to the notice, the department shall set a hearing and give

12-20    notice of the hearing to the person.  The hearing shall be held in

12-21    accordance with the department's rules on contested case hearings.

12-22          (e)  The notice of the hearing decision given to the person

12-23    under Chapter 2001, Government Code, must include a statement of

12-24    the right of the person to judicial review of the decision.

12-25          (f)  Within 30 days after the date the department's decision

12-26    is final as provided by Section 2001.144, Government Code, the

12-27    person shall:

12-28                (1)  pay the amount of the penalty;

12-29                (2)  pay the amount of the penalty and file a petition

12-30    for judicial review contesting the occurrence of the violation, the

 13-1    amount of the penalty, or both the occurrence of the violation and

 13-2    the amount of the penalty; or

 13-3                (3)  without paying the amount of the penalty, file a

 13-4    petition for judicial review contesting the occurrence of the

 13-5    violation, the amount of the penalty, or both the occurrence of the

 13-6    violation and the amount of the penalty.

 13-7          (g)  Within the 30-day period, a person who acts under

 13-8    Subsection (f)(3) may:

 13-9                (1)  stay enforcement of the penalty by:

13-10                      (A)  paying the amount of the penalty to the

13-11    court for placement in an escrow account; or

13-12                      (B)  giving to the court a supersedeas bond that

13-13    is approved by the court for the amount of the penalty and that is

13-14    effective until all judicial review of the department's decision is

13-15    final; or

13-16                (2)  request the court to stay enforcement of the

13-17    penalty by:

13-18                      (A)  filing with the court a sworn affidavit of

13-19    the person stating that the person is financially unable to pay the

13-20    amount of the penalty and is financially unable to give the

13-21    supersedeas bond; and

13-22                      (B)  giving a copy of the affidavit to the

13-23    department by certified mail.

13-24          (h)  If the department receives a copy of an affidavit under

13-25    Subsection (g)(2), the department may file with the court, within

13-26    five days after the date the copy is received, a contest to the

13-27    affidavit.  The court shall hold a hearing on the facts alleged in

13-28    the affidavit as soon as practicable and shall stay the enforcement

13-29    of the penalty on finding that the alleged facts are true.  The

13-30    person who files an affidavit has the burden of proving that the

 14-1    person is financially unable to pay the amount of the penalty and

 14-2    to give a supersedeas bond.

 14-3          (i)  If the person does not pay the amount of the penalty and

 14-4    the enforcement of the penalty is not stayed, the department may

 14-5    refer the matter to the attorney general for collection of the

 14-6    amount of the penalty.

 14-7          (j)  Judicial review of the decision of the department:

 14-8                (1)  is instituted by filing a petition as provided by

 14-9    Section 2001.176, Government Code; and

14-10                (2)  is under the substantial evidence rule.

14-11          (k)  If the court sustains the occurrence of the violation,

14-12    the court may uphold or reduce the amount of the penalty and order

14-13    the person to pay the full or reduced amount of the penalty.  If

14-14    the court does not sustain the occurrence of the violation, the

14-15    court shall order that no penalty is owed.

14-16          (l)  When the judgment of the court becomes final, the court

14-17    shall proceed under this subsection.  If the person paid the amount

14-18    of the penalty and if that amount is reduced or is not upheld by

14-19    the court, the court shall order that the appropriate amount plus

14-20    accrued interest be remitted to the person.  The rate of the

14-21    interest is the rate charged on loans to depository institutions by

14-22    the New York Federal Reserve Bank, and the interest shall be paid

14-23    for the period beginning on the date the penalty was paid and

14-24    ending on the date the penalty is remitted.  If the person gave a

14-25    supersedeas bond and if the amount of the penalty is not upheld by

14-26    the court, the court shall order the release of the bond.  If the

14-27    person gave a supersedeas bond and if the amount of the penalty is

14-28    reduced, the court shall order the release of the bond after the

14-29    person pays the amount.

14-30          (m)  A penalty collected under this section shall be remitted

 15-1    to the comptroller for deposit in the general revenue fund.

 15-2          (n)  All proceedings under this section are subject to

 15-3    Chapter 2001, Government Code.

 15-4          Sec. 242.316.  INFORMAL PROCEEDINGS.  (a)  The department by

 15-5    rule shall adopt procedures governing:

 15-6                (1)  informal disposition of a contested case under

 15-7    Section 2001.056, Government Code; and

 15-8                (2)  informal proceedings held in compliance with

 15-9    Section 2001.054, Government Code.

15-10          (b)  Rules adopted under this section must provide the

15-11    complainant and the license holder an opportunity to be heard.

15-12          Sec. 242.317.  MONITORING OF LICENSE HOLDER.  The department

15-13    by rule shall develop a system for monitoring a license holder's

15-14    compliance with the requirements of this subchapter.  Rules adopted

15-15    under this section shall include procedures for monitoring a

15-16    license holder who is required by the department to perform certain

15-17    acts to ascertain that the license holder performs the required

15-18    acts and to identify and monitor license holders who represent a

15-19    risk to the public.

15-20          Sec. 242.318.  CIVIL PENALTY.  A person who violates this

15-21    subchapter is liable to the state for a civil penalty of $1,000 for

15-22    each day of violation.  At the request of the department, the

15-23    attorney general shall bring an action to recover a civil penalty

15-24    established by this section.

15-25          Sec. 242.319.  ASSISTANCE OF ATTORNEY GENERAL.  The attorney

15-26    general shall provide legal assistance as necessary in enforcing

15-27    the provisions of this subchapter.  This requirement does not

15-28    relieve a local prosecuting officer of any of the prosecuting

15-29    officer's duties under the law.

15-30          Sec. 242.320.  OFFENSE.  (a)  A person commits an offense if

 16-1    the person knowingly or intentionally violates Section 242.304.

 16-2          (b)  An offense under this section is a Class B misdemeanor.

 16-3          SECTION 2.  Section 232.002, Family Code, is amended to read

 16-4    as follows:

 16-5          Sec. 232.002.  Licensing Authorities Subject to Chapter.  The

 16-6    following state agencies are licensing authorities subject to this

 16-7    subchapter:

 16-8                (1)  Department of Agriculture;

 16-9                (2)  Texas Commission on Alcohol and Drug Abuse;

16-10                (3)  Texas Alcoholic Beverage Commission;

16-11                (4)  Texas Appraiser Licensing and Certification Board;

16-12                (5)  Texas Board of Architectural Examiners;

16-13                (6)  State Board of Barber Examiners;

16-14                (7)  Texas Board of Chiropractic Examiners;

16-15                (8)  Comptroller of Public Accounts;

16-16                (9)  Texas Cosmetology Commission;

16-17                (10)  Court Reporters Certification Board;

16-18                (11)  State Board of Dental Examiners[, if the 74th

16-19    Legislature, at its regular session, enacts legislation that

16-20    becomes law authorizing a state agency to regulate the practice of

16-21    dentistry];

16-22                (12)  Texas State Board of Examiners of Dietitians;

16-23                (13)  Texas Funeral Service Commission;

16-24                (14)  Texas Department of Health;

16-25                (15)  Texas Department of Human Services;

16-26                (16)  Texas Board of Professional Land Surveying;

16-27                (17) [(16)]  Texas Department of Licensing and

16-28    Regulation;

16-29                (18) [(17)]  Texas State Board of Examiners of Marriage

16-30    and Family Therapists;

 17-1                (19) [(18)]  Texas State Board of Medical Examiners;

 17-2                (20) [(19)]  Midwifery Board;

 17-3                (21) [(20)]  Texas Natural Resource Conservation

 17-4    Commission;

 17-5                (22) [(21)]  Board of Nurse Examiners;

 17-6                [(22)  Texas Board of Nursing Facility Administrators;]

 17-7                (23)  Texas Board of Occupational Therapy Examiners;

 17-8                (24)  Texas Optometry Board;

 17-9                (25)  Parks and Wildlife Department;

17-10                (26)  Texas State Board of Examiners of Perfusionists;

17-11                (27)  Texas State Board of Pharmacy;

17-12                (28)  Texas Board of Physical Therapy Examiners;

17-13                (29)  Texas State Board of Plumbing Examiners;

17-14                (30)  Texas State Board of Podiatry Examiners;

17-15                (31)  Polygraph Examiners Board;

17-16                (32)  Texas Board of Private Investigators and Private

17-17    Security Agencies;

17-18                (33)  Texas State Board of Examiners of Professional

17-19    Counselors;

17-20                (34)  State Board of Registration for Professional

17-21    Engineers;

17-22                (35)  Department of Protective and Regulatory Services;

17-23                (36)  Texas State Board of Examiners of Psychologists;

17-24                (37)  Texas State Board of Public Accountancy;

17-25                (38)  Department of Public Safety of the State of

17-26    Texas;

17-27                (39)  Public Utility Commission of Texas;

17-28                (40)  Railroad Commission of Texas;

17-29                (41)  Texas Real Estate Commission;

17-30                (42)  State Bar of Texas;

 18-1                (43)  Texas State Board of Social Worker Examiners;

 18-2                (44)  State Board of Examiners for Speech-Language

 18-3    Pathology and Audiology;

 18-4                (45)  Texas Structural Pest Control Board;

 18-5                (46)  Board of Tax Professional Examiners;

 18-6                (47)  Secretary of State;

 18-7                (48)  Supreme Court of Texas;

 18-8                (49)  Texas Transportation Commission;

 18-9                (50)  State Board of Veterinary Medical Examiners;

18-10                (51)  Board of Vocational Nurse Examiners;

18-11                (52)  Texas Ethics Commission;

18-12                (53)  Advisory Board of Athletic Trainers;

18-13                (54)  State Committee of Examiners in the Fitting and

18-14    Dispensing of Hearing Instruments;

18-15                (55)  Texas Board of Licensure for Professional Medical

18-16    Physicists; and

18-17                (56)  Texas Department of Insurance.

18-18          SECTION 3.  Article 4512q, Revised Statutes, is repealed.

18-19          SECTION 4.  This Act takes effect September 1, 1997.

18-20          SECTION 5.  (a)  The Texas Board of Nursing Facility

18-21    Administrators is abolished on the effective date of this Act.

18-22          (b)  On the effective date of this Act, the Texas Department

18-23    of Human Services assumes the functions of the Texas Board of

18-24    Nursing Facility Administrators.  The obligations, rights,

18-25    contracts, and records of the Texas Board of Nursing Facility

18-26    Administrators are transferred to the Texas Department of Human

18-27    Services.  The rules of the abolished board are continued in effect

18-28    as rules of the Texas Department of Human Services until superseded

18-29    by rule of the Texas Department of Human Services.  A license in

18-30    effect that was issued by the abolished board is continued in

 19-1    effect as a license of the Texas Department of Human Services.  A

 19-2    complaint, investigation, or other proceeding pending before the

 19-3    abolished board is transferred without change in status to the

 19-4    Texas Department of Human Services.  Any reference in law to the

 19-5    Texas Board of Nursing Facility Administrators means the Texas

 19-6    Department of Human Services.

 19-7          SECTION 6.  The importance of this legislation and the

 19-8    crowded condition of the calendars in both houses create an

 19-9    emergency and an imperative public necessity that the

19-10    constitutional rule requiring bills to be read on three several

19-11    days in each house be suspended, and this rule is hereby suspended.