HBA-NLM H.B. 3155 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 3155 By: Wolens State Affairs 4/11/1999 Committee Report (Amended) BACKGROUND AND PURPOSE 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logical order, employing a numbering system and format that will accommodate future expansion of the law, eliminating repealed, invalid, duplicative, and other ineffective provisions, and improving the draftsmanship of the law if practicable--all toward promoting the stated purpose of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. In 1965 the council adopted a long-range plan of compiling the law into 26 codes arranged by general topics. Although some reorganization has occurred since the original proposal, the number of projected codes remains at 26. 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 professions, 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 divided into nine titles, with room left for expansion, specifically: Title 1, General Provisions; Title 2, General Provisions Relating to Licensing; Title 3, Health Professions; Title 4, Professions Related to Animal Health; Title 5, Regulation of Financial and Legal Services; Title 9, Regulation of Barbers, Cosmetologists, and Related Occupations; Title 10, Occupations Related to Law Enforcement and Security; Title 11, Regulation of Sales and Solicitation; and Title 13, Sports, Amusements, and Entertainment. Each of the titles is divided into subtitles, chapters, subchapters, and sections. Sections are numbered decimally, and the number to the left of the decimal point is the same as the chapter number. Gaps in chapter and section numbering are for future expansion. The council legal staff has taken meticulous care to ensure that no substantive change has been made in the law and to preserve any ambiguity or interpretation that may exist in current law. The staff has developed an extensive mailing list, and drafts of the proposed code have been widely distributed for review and comment to interested individuals, organizations, businesses, industry representatives, and governmental agencies. The staff has studied the comments and suggestions of persons reviewing the code and has taken action to satisfy any concerns expressed. 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. 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. 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 Subchapter I, Chapter 88, Education Code. SECTION 3. Conforming amendment to the Government 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. EXPLANATION OF AMENDMENTS Amendment #1 Amends Section 501.003 (Practice of Psychology) to provide that a person is engaged in the practice of psychology if the person is a psychologist or psychological associate, rather than employed as a psychologist or psychological associate, employed as described by Section 501.004(a)(1) (Applicability),who offers certain services. Amends H.B. 3155 by incorporating a change requested by the Texas State Board of Examiners of Psychologists to provide a cross reference between two provisions in the new law to clarify the relationship between those two sections. Amendment # 2 Amends H.B. 3155 by including Chapter 901 (Accountants), to the proposed Occupations Code. Amends the proposed Occupations Code to add nonsubstantive revisions to the law regulating public accountancy and makes other revisions to the proposed code to incorporate comments from outside reviewer received by the legislative council.