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.