By Haywood                                             S.B. No. 111

      75R1417 JMM-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the exemption of certain state employees from

 1-3     professional licensing fees.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  DEFINITIONS.  In this Act:

 1-6                 (1)  "License" includes a license, certificate,

 1-7     registration, permit, or other authorization, required by statute

 1-8     or state agency rule, that a person must obtain to practice or

 1-9     engage in a particular business or occupation.

1-10                 (2)  "License fee" means a fee imposed by a licensing

1-11     agency on a person who holds a license issued by the licensing

1-12     agency as a condition for the person to continue to hold the

1-13     license and to engage in a particular business or occupation.

1-14                 (3)  "Licensing agency" means a board, commission,

1-15     committee, council, department, institution, office, administrative

1-16     agency, or other agency of the state, created by the constitution

1-17     or a statute of this state, that issues a license or otherwise

1-18     regulates a person who engages in a particular business or

1-19     occupation.

1-20                 (4)  "State agency" means:

1-21                       (A)  a board, commission, committee, council,

1-22     department, institution, office, administrative agency, or other

1-23     agency in the executive branch of state government, including an

1-24     institution of higher education as defined by Section 61.003,

 2-1     Education Code, but not including a public junior college as

 2-2     defined by Section 61.003, Education Code, or a special-purpose

 2-3     district or authority;

 2-4                       (B)  the senate, the house of representatives, or

 2-5     a legislative agency; or

 2-6                       (C)  the supreme court, the court of criminal

 2-7     appeals, a court of appeals, or the State Bar of Texas or another

 2-8     judicial agency having statewide jurisdiction.

 2-9           SECTION 2.  LICENSE FEE EXEMPTION.  (a) Each licensing agency

2-10     in the state shall, by rule, exempt a license holder who is an

2-11     employee of a state agency from the licensing agency's license fee

2-12     requirements.  The exemption under this section applies only to a

2-13     state employee who is required to hold a license as a condition of

2-14     the employee's employment with a state agency.

2-15           (b)  A state agency that employs a license holder entitled to

2-16     an exemption under this section shall notify each appropriate

2-17     licensing agency of the name and license number, if any, of each

2-18     employee of the state agency who holds a license as a condition of

2-19     the employee's employment.  Failure by a state agency to notify a

2-20     licensing agency of an employee's eligibility for an exemption does

2-21     not constitute grounds for the licensing agency to deny the

2-22     exemption.

2-23           (c)  A licensing agency shall reimburse the amount of a

2-24     license fee to a state employee who:

2-25                 (1)  pays a license fee for a period for which the

2-26     employee is entitled to an exemption under this Act; and

2-27                 (2)  applies to the licensing agency for reimbursement.

 3-1           SECTION 3.  REIMBURSEMENT OF FEE TO STATE.  (a) A state

 3-2     agency shall request the comptroller to withhold from the salary of

 3-3     an employee who voluntarily leaves the employment of the state

 3-4     agency an amount equal to the prorated amount of the employee's

 3-5     license fee for the remainder of the period covered by the fee

 3-6     following the date the employment terminated.  A state agency may

 3-7     not request that an employee's salary be withheld under this

 3-8     subsection if the employee  leaves the state agency's employment to

 3-9     work for another state agency.

3-10           (b)  The comptroller, on request under this section, shall

3-11     withhold the amount from an employee's salary and deposit the

3-12     amount in the general revenue fund.

3-13           SECTION 4.  EFFECTIVE DATE;  TRANSITION.  (a) This Act takes

3-14     effect September 1, 1997.

3-15           (b)  A licensing agency subject to this Act shall adopt rules

3-16     under this Act not later than December 1, 1997.

3-17           (c)  This Act applies only to a license fee that first

3-18     becomes due on or after January 1, 1998.

3-19           SECTION 5.  EMERGENCY.  The importance of this legislation

3-20     and the crowded condition of the calendars in both houses create an

3-21     emergency and an imperative public necessity that the

3-22     constitutional rule requiring bills to be read on three several

3-23     days in each house be suspended, and this rule is hereby suspended.