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.