HBA-MPM H.B. 2774 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2774
By: Keel
Public Health
4/17/1999
Introduced



BACKGROUND AND PURPOSE 

Current law prohibits the practice of chiropractic in Texas without a
license from the Texas Board of Chiropractic Examiners.  A person who
engages in the practice of chiropractic without a license is subject only
to a Class A misdemeanor, regardless of the number of times an individual
violates the law.  As a result, many offenses under this law are not
prosecuted, nor does the penalty serve as an effective deterrent to prevent
the practice of chiropractic by persons without meeting proper licensing
requirements of the board.  H.B. 2774 increases the penalty to a state jail
felony for a first conviction, while a subsequent conviction remains a
felony of the third degree. 

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 5a(c), Article 4512b, V.T.C.S, to provide that
an offense under this section (regarding the penalty for practicing
chiropractic without a license) is a state jail felony, rather than a Class
A misdemeanor. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.Emergency clause.
  Effective date: upon passage.