SRC-JBJ H.B. 3155 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 3155
By: Wolens (Harris)
Administration
4/29/1999
Engrossed


DIGEST 

The Texas Legislative Council is required by law (Section 323.007,
Government Code) to carry out a complete nonsubstantive revision of the
Texas statutes.  The process involves reclassifying and rearranging the
statutes in a more logical order, employing a numbering system and format
that will accommodate future expansion of the law, eliminating repealed,
invalid, duplicative, and other ineffective provisions, and improving the
draftsmanship of the law if practicable--all toward promoting the stated
purpose of making the statutes "more accessible, understandable, and
usable" without altering the sense, meaning, or effect of the law. 

The proposed Occupations Code is a nonsubstantive revision of provisions of
the existing statutes applicable to the licensing and regulation of certain
professions and business practices, including the health processions, law
enforcement and security professions, and certain sales activities, and to
the operation and regulation of the gaming, sports, arts, and entertainment
industries.  The proposed code also codifies the statutes that govern the
various state agencies and other entities that regulate the specific
professions and occupations.   

The proposed Occupations Code is a nonsubstantive revision of Texas law.
The substance of the law has not been altered.  The sole purpose of the
code is to compile the relevant law, arrange it in a logical fashion, and
rewrite it without altering its meaning or legal effect.  If a particular
source statute is ambiguous and the ambiguity cannot be resolved without a
potential substantive effect, the ambiguity is preserved.  H.B. 3155 would
create the Occupations Code. 

PURPOSE

As proposed, H.B. 3155 creates the Occupations Code, a nonsubstantive
revision of Texas law. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Adopts the Occupations Code, a nonsubstantive revision of
provisions of the existing statutes applicable to the licensing and
regulation of certain professions and business practices, including the
health professions, law enforcement and security professions, and certain
sales activities, and to the operation and regulation of the gaming,
sports, arts, and entertainment industries. 

SECTION 2.  Conforming amendment to the Education Code, adding V.A.C.S.
Article 8892 as Chapter 88I, Education Code. 

SECTION 3.  Conforming amendment to the Education Code, necessary to
conform Section 411.119, Government Code, with proposed Chapter 1702,
Occupations Code. 

SECTION 4.  Conforming amendment to the Health and Safety Code, adding
Section 1, V.A.C.S. Article 4528a, as Section 122.008, Health and Safety
Code. 

SECTION 5.  Conforming amendment to the Health and Safety Code, adding
Section 4.011, V.A.C.S. Article 4495b, as Chapter 170, Health and Safety
Code. 

SECTION 6.  Repeals laws that are revised in the bill.  Repeals laws that
are obsolete or expired or that  have been previously impliedly repealed. 

SECTION 7. States legislative intent to recodify only.

SECTION 8.Effective date: September 1, 1999.

SECTION 9.Emergency clause.