HBA-DMD, PDH C.S.H.B. 1409 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1409
By: Junell
Public Safety
4/6/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, a person in Texas may not operate a school bus for the
transportation of students unless that person meets certain medical and
physical capability requirements during an annual physical examination.
Under current Texas law, the performance of the physical examination is
limited to doctors. However, federal regulations allow advanced nurse
practitioner to perform physical examinations for commercial motor vehicle
drivers, including bus drivers. 

C.S.H.B. 1409 authorizes a physician, chiropractor, advanced practice
nurse, or physician assistant to conduct the required examination in order
to determine a person's mental and physical capabilities to safely operate
a school bus. This bill also authorizes an ophthalmologist, optometrist, or
therapeutic optometrist to conduct the part of the examination relating to
the person's vision. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 521.022(c), Transportation Code, to authorize a
physician, chiropractor, advanced practice nurse, or physician assistant to
conduct the required examination to determine a person's mental and
physical capabilities to safely operate a school bus.  Authorizes an
ophthalmologist, optometrist, or therapeutic optometrist to conduct the
part of the examination relating to the person's vision. 

SECTION 2.Emergency clause.
  Effective date: upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1409 differs from the original bill in SECTION 1 (Section 521.022,
Transportation Code) by authorizing a physician or chiropractor, rather
than a doctor of medicine or a doctor of osteopathic medicine, or an
advanced practice nurse, rather than an advanced nurse practitioner, to
conduct the required examination to determine a person's mental and
physical capabilities to safely operate a school bus. Additionally, this
substitute includes a therapeutic optometrist among those authorized to
conduct the part of the examination relating to the person's vision. This
substitute also makes conforming changes.