By: Moncrief S.B. No. 84
97S0012/2 10/02/96
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
2-1 board may adopt rules consistent with this subchapter.
2-2 (b) The department shall:
2-3 (1) adopt and publish a code of ethics for nursing
2-4 facility administrators;
2-5 (2) establish the qualifications of applicants for
2-6 licenses and the renewal of licenses issued under this subchapter;
2-7 (3) spend funds necessary for the proper
2-8 administration of the department's assigned duties under this
2-9 subchapter;
2-10 (4) establish reasonable and necessary fees for the
2-11 administration and implementation of this subchapter; and
2-12 (5) establish a minimum number of hours of continuing
2-13 education required to renew a license issued under this subchapter
2-14 and periodically assess the continuing education needs of license
2-15 holders to determine whether specific course content should be
2-16 required.
2-17 Sec. 242.303. FEES; FUNDS. (a) The board by rule shall set
2-18 reasonable and necessary fees in amounts necessary to cover the
2-19 cost of administering this subchapter. The board by rule may set
2-20 different licensing fees for different categories of licenses.
2-21 (b) The department shall receive and account for funds
2-22 received under this subchapter. The funds shall be deposited in
2-23 the state treasury to the credit of the general revenue fund in an
2-24 account known as the licensed nursing facility administrators
2-25 account to be used only for the administration of this subchapter.
3-1 (c) The department may receive and disburse funds received
3-2 from any federal source for the furtherance of the department's
3-3 functions under this subchapter.
3-4 Sec. 242.304. PRACTICING WITHOUT A LICENSE. A person may
3-5 not act as a nursing facility administrator or represent to others
3-6 that the person is a nursing facility administrator unless the
3-7 person is licensed under this subchapter.
3-8 Sec. 242.305. LICENSE APPLICATION; QUALIFICATIONS. (a) An
3-9 applicant for a nursing facility administrator's license must
3-10 submit a sworn application that is accompanied by the application
3-11 fee.
3-12 (b) The board shall prescribe the form of the application
3-13 and may by rule establish dates by which applications and fees must
3-14 be received.
3-15 (c) An applicant for a nursing facility administrator's
3-16 license must take a licensing examination under this subchapter.
3-17 To qualify for the licensing examination, the applicant must have
3-18 satisfactorily completed a course of instruction and training
3-19 prescribed by the board that is conducted by or in cooperation with
3-20 an accredited postsecondary educational institution and that is
3-21 designed and administered to provide sufficient knowledge of:
3-22 (1) the needs served by nursing facilities;
3-23 (2) the laws governing the operation of nursing
3-24 facilities and the protection of the interests of facility
3-25 residents; and
4-1 (3) the elements of nursing facility administration.
4-2 (d) An applicant who has not completed the course of
4-3 instruction and training described by Subsection (c) must present
4-4 evidence satisfactory to the department of having completed
4-5 sufficient education, training, and experience in the fields
4-6 described by Subsection (c) to enable the applicant to engage in
4-7 the practice of nursing facility administration.
4-8 Sec. 242.306. EXAMINATION. (a) The licensing examination
4-9 shall be prepared or approved by the department and shall be
4-10 administered by the department to qualified applicants at least
4-11 twice each calendar year. The department shall have the written
4-12 portion of the examination, if any, validated by a testing
4-13 professional.
4-14 (b) Not later than the 30th day after the date on which a
4-15 licensing examination is administered under this subchapter, the
4-16 department shall notify each examinee of the results of the
4-17 examination. If an examination is graded or reviewed by a national
4-18 or state testing service, the department shall notify examinees of
4-19 the results of the examination not later than two weeks after the
4-20 date the department receives the results from the testing service.
4-21 If the notice of the examination results will be delayed for more
4-22 than 90 days after the examination date, the department shall
4-23 notify the examinee of the reason for the delay before the 90th
4-24 day.
4-25 (c) If requested in writing by a person who fails the
5-1 licensing examination, the department shall furnish the person with
5-2 an analysis of the person's performance on the examination.
5-3 (d) The board may establish by rule additional educational
5-4 requirements to be met by an applicant who fails the examination
5-5 three times.
5-6 Sec. 242.307. LICENSES; TEMPORARY LICENSE; INACTIVE STATUS.
5-7 (a) A person who meets the requirements for licensing under this
5-8 subchapter is entitled to receive a license. A nursing facility
5-9 administrator's license is not transferable.
5-10 (b) A person licensed under this subchapter must notify the
5-11 department of the license holder's correct mailing address.
5-12 (c) A license is valid for two years. The board by rule may
5-13 adopt a system under which licenses expire on various dates during
5-14 the two-year period. For the year in which a license expiration
5-15 date is changed, license fees payable on the original expiration
5-16 date shall be prorated on a monthly basis so that each license
5-17 holder shall pay only that portion of the license fee that is
5-18 allocable to the number of months during which the license is
5-19 valid. On renewal of the license on the new expiration date, the
5-20 total license renewal fee is payable.
5-21 (d) The board by rule may provide for the issuance of a
5-22 temporary license. Rules adopted under this section shall include
5-23 a time limit for a licensee to practice under a temporary license.
5-24 (e) The board by rule may provide for a license holder to be
5-25 placed on inactive status.
6-1 Sec. 242.308. PROVISIONAL LICENSE. (a) On application, the
6-2 department shall grant a provisional license under this subchapter.
6-3 An applicant for a provisional license under this section must:
6-4 (1) be licensed in good standing as a nursing facility
6-5 administrator in another state, the District of Columbia, or a
6-6 territory of the United States that has licensing requirements that
6-7 are substantially equivalent to the requirements of this
6-8 subchapter;
6-9 (2) have passed a national or other examination
6-10 recognized by the board relating to the practice of nursing
6-11 facility administration; and
6-12 (3) be sponsored by a person licensed under this
6-13 subchapter with whom the provisional license holder may practice
6-14 under this section.
6-15 (b) An applicant for a provisional license may be excused
6-16 from the requirement of Subsection (a)(3) if the department
6-17 determines that compliance with that subsection constitutes a
6-18 hardship to the applicant.
6-19 (c) A provisional license is valid until the date the
6-20 department approves or denies the provisional license holder's
6-21 application for a license. The department shall issue a license
6-22 under this subchapter to the holder of a provisional license under
6-23 this section if:
6-24 (1) the provisional license holder passes the
6-25 examination required by Section 242.305(c);
7-1 (2) the department verifies that the provisional
7-2 license holder has the academic and experience requirements for a
7-3 license under this subchapter; and
7-4 (3) the provisional license holder satisfies any other
7-5 license requirements under this subchapter.
7-6 (d) The department shall complete the processing of a
7-7 provisional license holder's application for a license not later
7-8 than the 180th day after the date the provisional license is
7-9 issued. The department may extend this time in order to receive
7-10 the results of a national examination or other examination
7-11 administered or graded by an outside organization recognized by the
7-12 department.
7-13 Sec. 242.309. LICENSE RENEWAL. (a) A person may renew an
7-14 unexpired license by paying to the department before the expiration
7-15 of the license the required renewal fee.
7-16 (b) If a person's license has been expired for 90 days or
7-17 less, the person may renew the license by paying to the department
7-18 the required renewal fee and a fee that is one-half of the
7-19 examination fee for the license.
7-20 (c) If a person's license has been expired for longer than
7-21 90 days but less than one year, the person may renew the license by
7-22 paying to the department all unpaid renewal fees and a fee that is
7-23 equal to the examination fee for the license.
7-24 (d) If a person's license has been expired for one year or
7-25 longer, the person may not renew the license. The person may
8-1 obtain a new license by complying with the requirements and
8-2 procedures for obtaining an original license. However, the
8-3 department may renew without reexamination an expired license of a
8-4 person who was licensed in this state, moved to another state, and
8-5 is currently licensed and has been in practice in the other state
8-6 for the two years preceding application. The person must pay to
8-7 the department a fee that is equal to the examination fee for the
8-8 license.
8-9 (e) At least 30 days before the expiration of a person's
8-10 license, the department shall send written notice of the impending
8-11 license expiration to the person at the license holder's last known
8-12 address according to the records of the department.
8-13 Sec. 242.310. MANDATORY CONTINUING EDUCATION. (a) The
8-14 board by rule shall establish a minimum number of hours of
8-15 continuing education required to renew a license under this
8-16 subchapter. The department may assess the continuing education
8-17 needs of license holders and may require license holders to attend
8-18 continuing education courses specified by the board.
8-19 (b) The board shall identify the key factors for the
8-20 competent performance by a license holder of the license holder's
8-21 professional duties. The department shall adopt a procedure to
8-22 assess a license holder's participation in continuing education
8-23 programs.
8-24 Sec. 242.311. COMPLAINT RECEIPT, INVESTIGATION, AND
8-25 DISPOSITION. (a) The department shall keep an information file
9-1 about each complaint filed with the department regarding a person
9-2 licensed under this subchapter. The department's information file
9-3 shall be kept current and contain a record for each complaint of:
9-4 (1) all persons contacted in relation to the
9-5 complaint;
9-6 (2) a summary of findings made at each step of the
9-7 complaint process;
9-8 (3) an explanation of the legal basis and reason for a
9-9 complaint that is dismissed; and
9-10 (4) other relevant information.
9-11 (b) If a written complaint is filed with the department that
9-12 the department has authority to resolve, the department, at least
9-13 as frequently as quarterly and until final disposition of the
9-14 complaint, shall notify the parties to the complaint of the status
9-15 of the complaint unless the notice would jeopardize an undercover
9-16 investigation.
9-17 (c) The board by rule shall adopt a form to standardize
9-18 information concerning complaints made to the department. The
9-19 board by rule shall prescribe information to be provided to a
9-20 person when the person files a complaint with the department.
9-21 (d) The department shall provide reasonable assistance to a
9-22 person who wishes to file a complaint with the department.
9-23 (e) The board shall adopt rules concerning the investigation
9-24 of complaints filed with the department. The rules adopted under
9-25 this subsection shall:
10-1 (1) distinguish between categories of complaints;
10-2 (2) ensure that complaints are not dismissed without
10-3 appropriate consideration;
10-4 (3) require that the board be advised at least
10-5 quarterly of complaints that have been dismissed and require that a
10-6 letter be sent to each person who has filed a complaint that is
10-7 dismissed explaining the action taken on the complaint;
10-8 (4) ensure that the person who filed the complaint has
10-9 an opportunity to explain the allegations made in the complaint;
10-10 and
10-11 (5) prescribe guidelines concerning the categories of
10-12 complaints that may require the use of a private investigator and
10-13 the procedures for the department to obtain the services of a
10-14 private investigator.
10-15 (f) The department shall dispose of all complaints in a
10-16 timely manner. The board by rule shall establish a schedule for
10-17 initiating a complaint investigation that is under the control of
10-18 the department not later than the 30th day after the date the
10-19 complaint is received by the department. The schedule shall be
10-20 kept in the information file for the complaint, and all parties
10-21 shall be notified of the projected time requirements for pursuing
10-22 the complaint. A change in the schedule must be noted in the
10-23 complaint information file and all parties to the complaint must be
10-24 notified not later than the seventh day after the date the change
10-25 is made.
11-1 (g) The commissioner shall notify the board at least
11-2 quarterly of complaints that have extended beyond the time
11-3 prescribed by the board for resolving complaints so that the
11-4 department may take any necessary corrective actions on the
11-5 processing of complaints.
11-6 Sec. 242.312. SANCTIONS. (a) The department may revoke,
11-7 suspend, or refuse to renew a nursing facility administrator's
11-8 license, assess an administrative penalty, issue a written
11-9 reprimand, require participation in continuing education, or place
11-10 an administrator on probation, after due notice and hearing, on
11-11 proof of any of the following grounds:
11-12 (1) the license holder has wilfully or repeatedly
11-13 violated a provision of this subchapter or a rule adopted under
11-14 this subchapter;
11-15 (2) the license holder has wilfully or repeatedly
11-16 acted in a manner inconsistent with the health and safety of the
11-17 residents of a facility of which the license holder is an
11-18 administrator;
11-19 (3) the license holder obtained or attempted to obtain
11-20 a license through misrepresentation or deceit or by making a
11-21 material misstatement of fact on a license application;
11-22 (4) the license holder's use of alcohol or drugs
11-23 creates a hazard to the residents of a facility;
11-24 (5) a judgment of a court of competent jurisdiction
11-25 finds that the license holder is mentally incapacitated;
12-1 (6) the license holder has been convicted in a court
12-2 of competent jurisdiction of a misdemeanor or felony involving
12-3 moral turpitude; or
12-4 (7) the license holder has been negligent or
12-5 incompetent in the license holder's duties as a nursing facility
12-6 administrator.
12-7 (b) If a license sanction is probated, the department may
12-8 require the license holder to:
12-9 (1) report regularly to the department on matters that
12-10 are the basis of the probation;
12-11 (2) limit practice to the areas prescribed by the
12-12 department; or
12-13 (3) continue or review continuing professional
12-14 education until the license holder attains a degree of skill
12-15 satisfactory to the department in those areas that are the basis of
12-16 the probation.
12-17 (c) A license holder is entitled to a hearing in accordance
12-18 with rules promulgated by the board before a sanction is imposed
12-19 under this section.
12-20 (d) The board by rule shall adopt a broad schedule of
12-21 sanctions for violations under this subchapter. The department
12-22 shall use the schedule for any sanction imposed as the result of a
12-23 hearing conducted in accordance with the rules.
12-24 Sec. 242.313. WRITTEN REPRIMAND AND CONTINUING EDUCATION AS
12-25 SANCTIONS. In addition to the other disciplinary actions
13-1 authorized under this subchapter, the department may issue a
13-2 written reprimand to a license holder who violates this subchapter
13-3 or require that a license holder who violates this subchapter
13-4 participate in continuing education programs. The department shall
13-5 specify the continuing education programs that may be attended and
13-6 the number of hours that must be completed by a license holder to
13-7 fulfill the requirements of this section.
13-8 Sec. 242.314. ADMINISTRATIVE PENALTY AS SANCTIONS. (a) The
13-9 department may impose an administrative penalty against a person
13-10 licensed or regulated under this subchapter who violates this
13-11 subchapter or a rule adopted by the board under this subchapter.
13-12 (b) The penalty for a violation may be in an amount not to
13-13 exceed $1,000. Each day a violation occurs or continues is a
13-14 separate violation for purposes of imposing a penalty.
13-15 (c) The amount of the penalty shall be based on:
13-16 (1) the seriousness of the violation, including the
13-17 nature, circumstances, extent, and gravity of any prohibited acts,
13-18 and the hazard or potential hazard created to the health, safety,
13-19 or economic welfare of the public;
13-20 (2) the economic harm to property or the environment
13-21 caused by the violation;
13-22 (3) the history of previous violations;
13-23 (4) the amount necessary to deter future violations;
13-24 (5) efforts to correct the violations; and
13-25 (6) any other matter that justice may require.
14-1 Sec. 242.315. NOTICE AND HEARING. (a) If the department
14-2 determines that a violation has occurred, the department shall give
14-3 written notice of the determination to the person alleged to have
14-4 committed the violation. The notice may be given by certified
14-5 mail. The notice must include a brief summary of the alleged
14-6 violation and a statement of the amount of the recommended penalty
14-7 and must inform the person that the person has a right to a hearing
14-8 on the occurrence of the violation, the amount of the penalty, or
14-9 both the occurrence of the violation and the amount of the penalty.
14-10 (b) Within 20 days after the date the person receives the
14-11 notice, the person in writing may accept the determination and the
14-12 penalty recommended by the department or may make a written request
14-13 for a hearing on the occurrence of the violation, the amount of the
14-14 penalty, or both the occurrence of the violation and the amount of
14-15 the penalty.
14-16 (c) If the person accepts the determination and the penalty
14-17 recommended by the department, the department shall impose the
14-18 recommended penalty.
14-19 (d) If the person requests a hearing or fails to respond
14-20 timely to the notice, the department shall set a hearing and give
14-21 notice of the hearing to the person. The hearing shall be held in
14-22 accordance with the department's rules on contested case hearings.
14-23 (e) The notice of the hearing decision given to the person
14-24 under Chapter 2001, Government Code, must include a statement of
14-25 the right of the person to judicial review of the decision.
15-1 (f) Within 30 days after the date the department's decision
15-2 is final as provided by Section 2001.144, Government Code, the
15-3 person shall:
15-4 (1) pay the amount of the penalty;
15-5 (2) pay the amount of the penalty and file a petition
15-6 for judicial review contesting the occurrence of the violation, the
15-7 amount of the penalty, or both the occurrence of the violation and
15-8 the amount of the penalty; or
15-9 (3) without paying the amount of the penalty, file a
15-10 petition for judicial review contesting the occurrence of the
15-11 violation, the amount of the penalty, or both the occurrence of the
15-12 violation and the amount of the penalty.
15-13 (g) Within the 30-day period, a person who acts under
15-14 Subsection (f)(3) may:
15-15 (1) stay enforcement of the penalty by:
15-16 (A) paying the amount of the penalty to the
15-17 court for placement in an escrow account; or
15-18 (B) giving to the court a supersedeas bond that
15-19 is approved by the court for the amount of the penalty and that is
15-20 effective until all judicial review of the department's decision is
15-21 final; or
15-22 (2) request the court to stay enforcement of the
15-23 penalty by:
15-24 (A) filing with the court a sworn affidavit of
15-25 the person stating that the person is financially unable to pay the
16-1 amount of the penalty and is financially unable to give the
16-2 supersedeas bond; and
16-3 (B) giving a copy of the affidavit to the
16-4 department by certified mail.
16-5 (h) If the department receives a copy of an affidavit under
16-6 Subsection (g)(2), the department may file with the court, within
16-7 five days after the date the copy is received, a contest to the
16-8 affidavit. The court shall hold a hearing on the facts alleged in
16-9 the affidavit as soon as practicable and shall stay the enforcement
16-10 of the penalty on finding that the alleged facts are true. The
16-11 person who files an affidavit has the burden of proving that the
16-12 person is financially unable to pay the amount of the penalty and
16-13 to give a supersedeas bond.
16-14 (i) If the person does not pay the amount of the penalty and
16-15 the enforcement of the penalty is not stayed, the department may
16-16 refer the matter to the attorney general for collection of the
16-17 amount of the penalty.
16-18 (j) Judicial review of the decision of the department:
16-19 (1) is instituted by filing a petition as provided by
16-20 Section 2001.176, Government Code; and
16-21 (2) is under the substantial evidence rule.
16-22 (k) If the court sustains the occurrence of the violation,
16-23 the court may uphold or reduce the amount of the penalty and order
16-24 the person to pay the full or reduced amount of the penalty. If
16-25 the court does not sustain the occurrence of the violation, the
17-1 court shall order that no penalty is owed.
17-2 (l) When the judgment of the court becomes final, the court
17-3 shall proceed under this subsection. If the person paid the amount
17-4 of the penalty and if that amount is reduced or is not upheld by
17-5 the court, the court shall order that the appropriate amount plus
17-6 accrued interest be remitted to the person. The rate of the
17-7 interest is the rate charged on loans to depository institutions by
17-8 the New York Federal Reserve Bank, and the interest shall be paid
17-9 for the period beginning on the date the penalty was paid and
17-10 ending on the date the penalty is remitted. If the person gave a
17-11 supersedeas bond and if the amount of the penalty is not upheld by
17-12 the court, the court shall order the release of the bond. If the
17-13 person gave a supersedeas bond and if the amount of the penalty is
17-14 reduced, the court shall order the release of the bond after the
17-15 person pays the amount.
17-16 (m) A penalty collected under this section shall be remitted
17-17 to the comptroller for deposit in the general revenue fund.
17-18 (n) All proceedings under this section are subject to
17-19 Chapter 2001, Government Code.
17-20 Sec. 242.316. INFORMAL PROCEEDINGS. (a) The department by
17-21 rule shall adopt procedures governing:
17-22 (1) informal disposition of a contested case under
17-23 Section 2001.056, Government Code; and
17-24 (2) informal proceedings held in compliance with
17-25 Section 2001.054, Government Code.
18-1 (b) Rules adopted under this section must provide the
18-2 complainant and the license holder an opportunity to be heard.
18-3 Sec. 242.317. MONITORING OF LICENSE HOLDER. The department
18-4 by rule shall develop a system for monitoring a license holder's
18-5 compliance with the requirements of this subchapter. Rules adopted
18-6 under this section shall include procedures for monitoring a
18-7 license holder who is required by the department to perform certain
18-8 acts to ascertain that the license holder performs the required
18-9 acts and to identify and monitor license holders who represent a
18-10 risk to the public.
18-11 Sec. 242.318. CIVIL PENALTY. A person who violates this
18-12 subchapter is liable to the state for a civil penalty of $1,000 for
18-13 each day of violation. At the request of the department, the
18-14 attorney general shall bring an action to recover a civil penalty
18-15 established by this section.
18-16 Sec. 242.319. ASSISTANCE OF ATTORNEY GENERAL. The attorney
18-17 general shall provide legal assistance as necessary in enforcing
18-18 the provisions of this subchapter. This requirement does not
18-19 relieve a local prosecuting officer of any of the prosecuting
18-20 officer's duties under the law.
18-21 Sec. 242.320. OFFENSE. (a) A person commits an offense if
18-22 the person knowingly or intentionally violates Section 242.304.
18-23 (b) An offense under this section is a Class B misdemeanor.
18-24 SECTION 2. Section 232.002, Family Code, is amended to read
18-25 as follows:
19-1 Sec. 232.002. Licensing Authorities Subject to Chapter. The
19-2 following state agencies are licensing authorities subject to this
19-3 subchapter:
19-4 (1) Department of Agriculture;
19-5 (2) Texas Commission on Alcohol and Drug Abuse;
19-6 (3) Texas Alcoholic Beverage Commission;
19-7 (4) Texas Appraiser Licensing and Certification Board;
19-8 (5) Texas Board of Architectural Examiners;
19-9 (6) State Board of Barber Examiners;
19-10 (7) Texas Board of Chiropractic Examiners;
19-11 (8) Comptroller of Public Accounts;
19-12 (9) Texas Cosmetology Commission;
19-13 (10) Court Reporters Certification Board;
19-14 (11) State Board of Dental Examiners[, if the 74th
19-15 Legislature, at its regular session, enacts legislation that
19-16 becomes law authorizing a state agency to regulate the practice of
19-17 dentistry];
19-18 (12) Texas State Board of Examiners of Dietitians;
19-19 (13) Texas Funeral Service Commission;
19-20 (14) Texas Department of Health;
19-21 (15) Texas Department of Human Services;
19-22 (16) Texas Board of Professional Land Surveying;
19-23 (17) [(16)] Texas Department of Licensing and
19-24 Regulation;
19-25 (18) [(17)] Texas State Board of Examiners of Marriage
20-1 and Family Therapists;
20-2 (19) [(18)] Texas State Board of Medical Examiners;
20-3 (20) [(19)] Midwifery Board;
20-4 (21) [(20)] Texas Natural Resource Conservation
20-5 Commission;
20-6 (22) [(21)] Board of Nurse Examiners;
20-7 [(22) Texas Board of Nursing Facility Administrators;]
20-8 (23) Texas Board of Occupational Therapy Examiners;
20-9 (24) Texas Optometry Board;
20-10 (25) Parks and Wildlife Department;
20-11 (26) Texas State Board of Examiners of Perfusionists;
20-12 (27) Texas State Board of Pharmacy;
20-13 (28) Texas Board of Physical Therapy Examiners;
20-14 (29) Texas State Board of Plumbing Examiners;
20-15 (30) Texas State Board of Podiatry Examiners;
20-16 (31) Polygraph Examiners Board;
20-17 (32) Texas Board of Private Investigators and Private
20-18 Security Agencies;
20-19 (33) Texas State Board of Examiners of Professional
20-20 Counselors;
20-21 (34) State Board of Registration for Professional
20-22 Engineers;
20-23 (35) Department of Protective and Regulatory Services;
20-24 (36) Texas State Board of Examiners of Psychologists;
20-25 (37) Texas State Board of Public Accountancy;
21-1 (38) Department of Public Safety of the State of
21-2 Texas;
21-3 (39) Public Utility Commission of Texas;
21-4 (40) Railroad Commission of Texas;
21-5 (41) Texas Real Estate Commission;
21-6 (42) State Bar of Texas;
21-7 (43) Texas State Board of Social Worker Examiners;
21-8 (44) State Board of Examiners for Speech-Language
21-9 Pathology and Audiology;
21-10 (45) Texas Structural Pest Control Board;
21-11 (46) Board of Tax Professional Examiners;
21-12 (47) Secretary of State;
21-13 (48) Supreme Court of Texas;
21-14 (49) Texas Transportation Commission;
21-15 (50) State Board of Veterinary Medical Examiners;
21-16 (51) Board of Vocational Nurse Examiners;
21-17 (52) Texas Ethics Commission;
21-18 (53) Advisory Board of Athletic Trainers;
21-19 (54) State Committee of Examiners in the Fitting and
21-20 Dispensing of Hearing Instruments;
21-21 (55) Texas Board of Licensure for Professional Medical
21-22 Physicists; and
21-23 (56) Texas Department of Insurance.
21-24 SECTION 3. Article 4512q, Revised Statutes, is repealed.
21-25 SECTION 4. This Act takes effect September 1, 1997.
22-1 SECTION 5. (a) The Texas Board of Nursing Facility
22-2 Administrators is abolished on the effective date of this Act.
22-3 (b) On the effective date of this Act, the Texas Department
22-4 of Human Services assumes the functions of the Texas Board of
22-5 Nursing Facility Administrators. The obligations, rights,
22-6 contracts, and records of the Texas Board of Nursing Facility
22-7 Administrators are transferred to the Texas Department of Human
22-8 Services. The rules of the abolished board are continued in effect
22-9 as rules of the Texas Department of Human Services until superseded
22-10 by rule of the Texas Department of Human Services. A license in
22-11 effect that was issued by the abolished board is continued in
22-12 effect as a license of the Texas Department of Human Services. A
22-13 complaint, investigation, or other proceeding pending before the
22-14 abolished board is transferred without change in status to the
22-15 Texas Department of Human Services. Any reference in law to the
22-16 Texas Board of Nursing Facility Administrators means the Texas
22-17 Department of Human Services.
22-18 SECTION 6. The importance of this legislation and the
22-19 crowded condition of the calendars in both houses create an
22-20 emergency and an imperative public necessity that the
22-21 constitutional rule requiring bills to be read on three several
22-22 days in each house be suspended, and this rule is hereby suspended.