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


Office of House Bill AnalysisH.B. 2175
By: Uher
Public Health
3/23/1999
Introduced



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.  

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:  Section 19a, Chapter 94, Acts of the 51st
Legislature, Regular Session, 1949 (Article 4512b, V.T.C.S.).  This
section, entitled Administrative and Civil Penalties;  Payment, addresses
administrative penalties against a person licensed or regulated under this
Act who violates it or a rule adopted under it; assesses a penalty amount
not to exceed $1,000 for a violation; and addresses 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 punishment for an offense under Section 5a(c) 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 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. 

 (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.