HBA-MPM C.S.H.B. 2175 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2175
By: Uher
Public Health
4/26/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current law requires the Texas Board of Chiropractic Examiners (board) to
keep a written record of its proceedings, as well as all information on
each applicant, and to file that record with the secretary of state, rather
than to simply keep vital information on each applicant on file.  

C.S.H.B. 2175 removes the requirement that the board submit a record of its
proceedings showing certain information about each applicant, and the
requirement that the secretary of the board is required to transmit an
official copy of the register to the secretary of state for permanent
record on May 1st of each year.  Furthermore, this bill removes the
criminal penalty (Class A misdemeanor) for practicing without a license and
instead provides for an injunctive proceeding or a civil proceeding. 

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 5, Chapter 94, Acts of the 51st Legislature,
Regular Session, 1949 (Article 4512b, V.T.C.S.), to require the Texas Board
of Chiropractic Examiners  (board) to maintain records regarding each
person licensed or registered with the board.  Provides that the records
must include the name, residence address, and address of each place of
business at which the person engages in the chiropractic practice.  Deletes
existing text specifying that the board is required to preserve a record of
its proceedings showing certain information about each applicant, and that
the secretary of the board (secretary) is required to transmit an official
copy of the register to the secretary of state for permanent record on May
1st of each year, a certified copy of which, with hand and seal of the
secretary or the hand of the secretary of state under the state seal, is
required to be admitted in evidence in all courts. 

SECTION 2.  Amends Section 5a(c), Chapter 94, Acts of the 51st Legislature,
Regular Session, 1949 (Article 4512b, V.T.C.S.), to require the board to
bring an action for injunctive proceedings or other civil proceedings as
necessary to enforce this Act.  Deletes existing text stating that a person
who violates this section commits a Class A misdemeanor offense.  Further
deletes text regarding the previous conviction of a defendant under this
section. 

SECTION 3.  Repealer:  Sections 19 (Punishment for Violations) and 19a
(Administrative and Civil Penalties; Payment), Chapter 94, Acts of the 51st
Legislature, Regular Session, 1949 (Article 4512b, V.T.C.S.).  These
sections, respectively, provide that except as provided by Section 5a of
this Act, a person who violates any provision of this Act shall be guilty
of a misdemeanor, and upon conviction shall be punished by a fine of not
less than $50 nor more than $500, or by imprisonment in the county jail for
no more than 30 days; and provide that administrative penalties may be
assessed against a person licensed or regulated under this Act who violates
it or a rule adopted under it; the penalty amount not to exceed $1,000 for
a violation; and  address court action involving the penalty and payment of
the penalty by the violator. 

SECTION 4.  (a)  Provides that except as provided by Subsection (b) of this
section, a remedy for  an offense under Section 5a(c), 19, or 19a, Chapter
94, Acts of the 51st Legislature, Regular Session, 1949 (Article 4512b,
V.T.C.S.), regardless of whether the offense is committed before, on, or
after the effective date of this Act, is the remedy provided by Section
5a(c), Chapter 94, Acts of the 51st Legislature, Regular Session, 1949
(Article 4512b, V.T.C.S.), as amended by this Act. 

(b)  Makes this section inapplicable to the punishment of a defendant
finally convicted before the effective date of this Act, and provides that
the punishment for a final conviction existing on the effective date of
this Act is unaffected by the Act. 

SECTION 5.  Effective date:  September 1, 1999.

SECTION 6.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2175 differs from the original bill in SECTION 3 by repealing
Section 19, Article 4512b, V.T.C.S., in addition to Section 19a.  Section
19 provides that except as provided by Section 5a of this Act (concerning
the practice of chiropractic), a person who violates any provision of this
Act shall be guilty of a misdemeanor, and upon conviction shall be punished
by a fine of not less than $50 nor more than $500, or by imprisonment in
the county jail for no more than 30 days. 

The substitute differs from the original in SECTION 4 (a) by providing that
except as provided by Subsection (b) of this section, a remedy, rather than
punishment, for an offense under Section 5a(c), 19, or 19a, Chapter 94,
Acts of the 51st Legislature, Regular Session, 1949 (Article 4512b,
V.T.C.S.), regardless of whether the offense is committed before, on, or
after the effective date of this Act, is the remedy, rather than
punishment, provided by Section 5a(c), Chapter 94, Acts of the 51st
Legislature, Regular Session, 1949 (Article 4512b, V.T.C.S.), as amended by
this Act.