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.