1-1                                   AN ACT
 1-2     relating to the continuation and functions of the Texas Board of
 1-3     Health and Texas Department of Health, including the operation of
 1-4     certain boards and councils administratively attached to the
 1-5     department; providing penalties.
 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-7       ARTICLE 1.  GENERAL OPERATIONS AND ADMINISTRATION OF THE TEXAS
 1-8                       BOARD AND DEPARTMENT OF HEALTH
 1-9           SECTION 1.01.  Section 2003.021, Government Code, is amended
1-10     by adding Subsection (e) to read as follows:
1-11           (e)  The office shall conduct all hearings in contested cases
1-12     under Chapter 2001 that are before the commissioner of public
1-13     health or the Texas Board of Health or Texas Department of Health.
1-14           SECTION 1.02.  Section 11.003, Health and Safety Code, is
1-15     amended to read as follows:
1-16           Sec. 11.003.  Sunset Provision.  The Texas Board of Health
1-17     and the Texas Department of Health are subject to Chapter 325,
1-18     Government Code (Texas Sunset Act).  Unless continued in existence
1-19     as provided by that chapter, the board and the department are
1-20     abolished and this chapter expires September 1, 2011 [1999].
1-21           SECTION 1.03.  Chapter 11, Health and Safety Code, is amended
1-22     by adding Section 11.0045 to read as follows:
1-23           Sec. 11.0045.  COMPREHENSIVE STRATEGIC AND OPERATIONAL PLAN.
1-24     (a)  The board shall develop, publish, and to the extent allowed by
 2-1     law implement a comprehensive strategic and operational plan.
 2-2           (b)  The board shall publish the plan not later than
 2-3     September 1 of each even-numbered year.  The board shall at a
 2-4     minimum:
 2-5                 (1)  make the plan available on its generally
 2-6     accessible Internet site;
 2-7                 (2)  make printed copies of the plan available on
 2-8     request to members of the public; and
 2-9                 (3)  send printed copies of the plan to the governor,
2-10     the lieutenant governor, the speaker of the house of
2-11     representatives, the Legislative Budget Board, and the committees
2-12     of the senate and the house of representatives that have oversight
2-13     responsibilities regarding the board and the department.
2-14           (c)  The plan at a minimum must include:
2-15                 (1)  a statement of the aim and purpose of each of the
2-16     department's missions, including:
2-17                       (A)  the prevention of disease;
2-18                       (B)  the promotion of health;
2-19                       (C)  indigent health care;
2-20                       (D)  the protection of parents' fundamental right
2-21     to direct the health care and general upbringing of their children;
2-22                       (E)  acute care services for which the department
2-23     is responsible;
2-24                       (F)  health care facility regulation for which
2-25     the department is responsible;
2-26                       (G)  the licensing of health professions for
2-27     which the department is responsible; and
 3-1                       (H)  all other health-related services for which
 3-2     the department is responsible under law;
 3-3                 (2)  an analysis regarding how each of the department's
 3-4     missions relate to other department missions;
 3-5                 (3)  a detailed analysis of how to integrate or
 3-6     continue to integrate department programs with other department
 3-7     programs, including the integration of information gathering and
 3-8     information management within and across programs, for the purpose
 3-9     of minimizing duplication of effort, increasing administrative
3-10     efficiency, simplifying access to department programs, and more
3-11     efficiently meeting the health needs of this state;
3-12                 (4)  a detailed proposal to integrate or continue to
3-13     integrate department programs with other department programs during
3-14     the two-year period covered by the plan, to the extent allowed by
3-15     law and in accordance with the department's analysis;
3-16                 (5)  a determination regarding whether it is necessary
3-17     to collect each type of information that the department collects,
3-18     and for each type of information that it is necessary for the
3-19     department to collect, whether the department is efficiently and
3-20     effectively collecting, analyzing, and disseminating the
3-21     information and protecting the privacy of individuals;
3-22                 (6)  an assessment of services provided by the
3-23     department that evaluates the need for the department to provide
3-24     those services in the future;
3-25                 (7)  a method for soliciting the advice and opinions of
3-26     local health departments, hospital districts, and other public
3-27     health entities, of recipients and providers of services that are
 4-1     related to the department's missions, and of advocates for
 4-2     recipients or providers for the purpose of identifying and
 4-3     assessing:
 4-4                       (A)  the health-related needs of the state;
 4-5                       (B)  ways in which the department's programs and
 4-6     information services can be better integrated and coordinated; and
 4-7                       (C)  factors that the department should consider
 4-8     before adopting rules that affect recipients or providers of
 4-9     services that are related to the department's missions;
4-10                 (8)  a comprehensive inventory of health-related
4-11     information resources that meet department criteria for usefulness
4-12     and applicability to local health departments, to recipients or
4-13     providers of services that are related to the department's
4-14     missions, and to nonprofit entities, private businesses, and
4-15     community groups with missions that are related to health;
4-16                 (9)  a statement regarding the ways in which the
4-17     department will coordinate or attempt to coordinate with federal,
4-18     state, local, and private programs that provide services similar to
4-19     the services provided by the department;
4-20                 (10)  a list of other plans that the department is
4-21     required to prepare under state law and a recommendation regarding
4-22     which plans are obsolete or duplicate other required department
4-23     plans; and
4-24                 (11)  an assessment of the extent to which previous
4-25     plans prepared by the department under this section have
4-26     effectively helped the department to identify and achieve its
4-27     objectives, to improve its operations, or to guide persons who need
 5-1     to identify department services, identify department requirements,
 5-2     or communicate effectively with department personnel.
 5-3           SECTION 1.04.  Chapter 11, Health and Safety Code, is amended
 5-4     by adding Section 11.0055 to read as follows:
 5-5           Sec. 11.0055.  REQUIRED BOARD MEMBER TRAINING.  (a)  A person
 5-6     who is appointed to and qualifies for office as a member of the
 5-7     board may not vote, deliberate, or be counted as a member in
 5-8     attendance at a meeting of the board until the person completes a
 5-9     training program that complies with this section.
5-10           (b)  The training program must provide the person with
5-11     information regarding:
5-12                 (1)  the legislation that created the department and
5-13     the board;
5-14                 (2)  the programs operated by the department;
5-15                 (3)  the role and functions of the department;
5-16                 (4)  the rules of the department, with an emphasis on
5-17     the rules that relate to disciplinary and investigatory authority;
5-18                 (5)  the current budget for the department;
5-19                 (6)  the results of the most recent formal audit of the
5-20     department;
5-21                 (7)  the requirements of:
5-22                       (A)  the open meetings law, Chapter 551,
5-23     Government Code;
5-24                       (B)  the public information law, Chapter 552,
5-25     Government Code;
5-26                       (C)  the administrative procedure law, Chapter
5-27     2001, Government Code; and
 6-1                       (D)  other laws relating to public officials,
 6-2     including conflict-of-interest laws; and
 6-3                 (8)  any applicable ethics policies adopted by the
 6-4     department or the Texas Ethics Commission.
 6-5           (c)  A person appointed to the board is entitled to
 6-6     reimbursement, as provided by the General Appropriations Act, for
 6-7     the travel expenses incurred in attending the training program
 6-8     regardless of whether the attendance at the program occurs before
 6-9     or after the person qualifies for office.
6-10           SECTION 1.05.  Section 11.006(a), Health and Safety Code, is
6-11     amended to read as follows:
6-12           (a)  A person is not eligible for appointment as a public
6-13     member of the board if the person or the person's spouse:
6-14                 (1)  is employed by or participates in the management
6-15     of a business entity or other organization regulated by the
6-16     department or receiving funds from the department;
6-17                 (2)  is registered, certified, or licensed by the
6-18     department or by a regulatory board or other agency that is under
6-19     the jurisdiction of the department or administratively attached to
6-20     the department;
6-21                 (3)  owns, controls, or has, directly or indirectly,
6-22     more than a 10 percent interest in a business entity or other
6-23     organization regulated by the department or receiving funds from
6-24     the department; or
6-25                 (4) [(3)]  uses or receives a substantial amount of
6-26     tangible goods, services, or funds from the department other than
6-27     compensation or reimbursement authorized by law for board
 7-1     membership, attendance, or expenses.
 7-2           SECTION 1.06.  Section 11.009(c), Health and Safety Code, is
 7-3     amended to read as follows:
 7-4           (c)  If the commissioner has knowledge that a potential
 7-5     ground for removal exists, the commissioner shall notify the
 7-6     chairman of the board of the ground.  The chairman shall then
 7-7     notify the governor and the attorney general that a potential
 7-8     ground for removal exists.  If the potential ground for removal
 7-9     involves the chairman, the commissioner shall notify the next
7-10     highest ranking officer of the board, who shall then notify the
7-11     governor and the attorney general that a potential ground for
7-12     removal exists.
7-13           SECTION 1.07.  Section 11.018(d), Health and Safety Code, is
7-14     amended to read as follows:
7-15           (d)  The department shall keep an information file about each
7-16     complaint filed with the department relating to[:]
7-17                 [(1)]  a license holder or entity regulated by the
7-18     department[;] or
7-19                 [(2)]  a service delivered by the department.  The file
7-20     must include:
7-21                 (1)  the name of the person who filed the complaint;
7-22                 (2)  the date the complaint is received by the
7-23     department;
7-24                 (3)  the subject matter of the complaint;
7-25                 (4)  the name of each person contacted in relation to
7-26     the complaint;
7-27                 (5)  a summary of the results of the review or
 8-1     investigation of the complaint; and
 8-2                 (6)  an explanation of the reason the file was closed,
 8-3     if the department closed the file without taking action other than
 8-4     to investigate the complaint.
 8-5           SECTION 1.08.  Subchapter A, Chapter 12, Health and Safety
 8-6     Code, is amended by adding Sections 12.004 and 12.005 to read as
 8-7     follows:
 8-8           Sec. 12.004.  DEVELOPMENT OF PROPOSED RULES.  (a)  This
 8-9     section applies to the process by which the department develops
8-10     proposed rules for the board's consideration before the proposed
8-11     rules are published in the Texas Register and before the board,
8-12     commissioner, or department complies with the rulemaking
8-13     requirements of the administrative procedure law, Chapter 2001,
8-14     Government Code.  This section does not affect the duty of the
8-15     board, commissioner, or department to comply with the rulemaking
8-16     requirements of that law.
8-17           (b)  The board shall require the department to establish a
8-18     checklist of methods that, to the extent appropriate, the
8-19     department will follow to obtain early in the rule development
8-20     process the advice and opinions of the public and of persons who
8-21     will be most affected by a proposed rule.  The checklist must
8-22     include methods for identifying persons who will be most affected
8-23     and for soliciting at a minimum the advice and opinions of affected
8-24     local health departments, of recipients and providers of affected
8-25     services, and of advocates for affected recipients or providers.
8-26           (c)  The checklist may include negotiated rulemaking,
8-27     informal conferences, advisory committees, and any other
 9-1     appropriate method.
 9-2           (d)  A rule adopted by the board may not be challenged on the
 9-3     grounds that the board, commissioner, or department did not comply
 9-4     with this section. If the department was unable to solicit a
 9-5     significant amount of advice and opinion from the public or from
 9-6     affected persons early in the rule development process, the
 9-7     department shall state in writing to the board the reasons why the
 9-8     department was unable to do so.
 9-9           Sec. 12.005.  MEDICAL DIRECTOR:  MEDICAID MANAGED CARE AND
9-10     CHIPS PROGRAMS.  (a)  In addition to any other medical director
9-11     employed by the department, the board shall require the department
9-12     to employ a separate medical director whose duties consist of
9-13     acting as the medical director for the children's health insurance
9-14     program created under Title XXI of the Social Security Act (42
9-15     U.S.C. Section 1397aa et seq.) and also as the medical director for
9-16     the Medicaid managed care program, to the extent that those
9-17     programs are administered by the department.
9-18           (b)  The medical director shall be primarily responsible for
9-19     implementing and maintaining policies and systems for the programs
9-20     that relate to clinical and professional medical issues, including
9-21     clinical oversight.
9-22           (c)  The medical director must be a physician licensed to
9-23     practice medicine in this state.
9-24           SECTION 1.09.  Subchapter B, Chapter 12, Health and Safety
9-25     Code, is amended by adding Section 12.0115 to read as follows:
9-26           Sec. 12.0115.  INTEGRATION OF HEALTH CARE DELIVERY PROGRAMS.
9-27     (a)  In this section, "health care delivery programs" includes the
 10-1    department's primary health care services program, its program to
 10-2    improve maternal and infant health, its services for chronically
 10-3    ill and disabled children, any aspects of health care delivery
 10-4    under the state Medicaid program assigned to the department by law
 10-5    or by the Health and Human Services Commission, and the part of any
 10-6    other department program concerned with the department's
 10-7    responsibility for the delivery of health care services.
 10-8          (b)  The department shall integrate the functions of its
 10-9    different health care delivery programs to the maximum extent
10-10    possible, including integrating the functions of health care
10-11    delivery programs that are part of the state Medicaid program with
10-12    functions of health care delivery programs that are not part of the
10-13    state Medicaid program.
10-14          (c)  At a minimum, the department's integration of the
10-15    functions of its different health care delivery programs must
10-16    include the integration within and across the programs of:
10-17                (1)  the development of health care policy;
10-18                (2)  the delivery of health care services, to the
10-19    extent  appropriate for the recipients of the health care services;
10-20    and
10-21                (3)  to the extent possible, the administration of
10-22    contracts with providers of health care services, particularly
10-23    providers who concurrently provide health care services under more
10-24    than one contract or program with the department.
10-25          (d)  One of the primary goals of the department in
10-26    integrating the delivery of health care services for the benefit of
10-27    recipients shall be providing for continuity of care for
 11-1    individuals and families, accomplished to the extent possible by
 11-2    providing an individual or family with a medical home that serves
 11-3    as the primary initial health care provider.
 11-4          (e)  One of the primary goals of the department in
 11-5    integrating the administration of its contracts with providers of
 11-6    health care services shall be designing an integrated contract
 11-7    administration system that reduces the administrative and paperwork
 11-8    burden on providers while still providing the department with the
 11-9    information it needs to effectively administer the contracts.  The
11-10    department's integration of contract administration must include:
11-11                (1)  the integration of the initial procurement process
11-12    within and across programs, at least in part by efficiently
11-13    combining requests for bids or proposals within or across programs
11-14    to the extent it reduces the administrative burden for providers;
11-15                (2)  the establishment of uniform contract terms,
11-16    including:
11-17                      (A)  contract terms that require information from
11-18    providers, or that prescribe performance standards for providers,
11-19    that could be made uniform within or across programs while
11-20    remaining effective as contract terms;
11-21                      (B)  the establishment of a procedure under which
11-22    a contractor or a person responding to a request for bids or
11-23    proposals may supply the department with requested information
11-24    whenever possible by referencing current and correct information
11-25    previously supplied to and on file with the department; and
11-26                      (C)  contract terms regarding incentives for
11-27    contractors to meet or exceed contract requirements;
 12-1                (3)  the integration of contract monitoring,
 12-2    particularly with regard to monitoring providers that deliver
 12-3    health services for the department under more than one contract or
 12-4    under more than one department program; and
 12-5                (4)  the integration of reimbursement methods:
 12-6                      (A)  particularly for a provider that delivers
 12-7    health services for the department under more than one contract or
 12-8    under more than one department program; and
 12-9                      (B)  including the application across programs of
12-10    the most effective and efficient reimbursement technologies or
12-11    methods that are available to the department under any of its
12-12    programs.
12-13          (f)  The department shall examine the extent to which the
12-14    department could integrate all or part of its health care delivery
12-15    programs into a single delivery system.
12-16          (g)  If a federal requirement that the federal government may
12-17    waive restricts the department's integration efforts under this
12-18    section, the department may seek a waiver of the requirement from
12-19    the federal government. If the waiver affects a program for which
12-20    another state agency is designated the single state agency for
12-21    federal purposes, the department shall request the single state
12-22    agency to seek the waiver.
12-23          (h)  The department may not integrate health care delivery
12-24    programs under this section in a way that affects the single state
12-25    agency status of another state agency for federal purposes without
12-26    obtaining the approval of the Health and Human Services Commission
12-27    and any necessary federal approval.
 13-1          SECTION 1.10.  Subchapter B, Chapter 12, Health and Safety
 13-2    Code, is amended by adding Sections 12.0123 and 12.0124 to read as
 13-3    follows:
 13-4          Sec. 12.0123.  EXTERNAL AUDITS OF CERTAIN MEDICAID
 13-5    CONTRACTORS BASED ON RISK.  (a)  In this section, "Medicaid
 13-6    contractor" means an entity that:
 13-7                (1)  is not a health and human services agency as
 13-8    defined by Section 531.001, Government Code; and
 13-9                (2)  under a contract with or otherwise on behalf of
13-10    the department, performs one or more administrative services in
13-11    relation to the department's operation of a part of the state
13-12    Medicaid program, such as claims processing, utilization review,
13-13    client enrollment, provider enrollment, quality monitoring, or
13-14    payment of claims.
13-15          (b)  The department shall contract with an independent
13-16    auditor to perform independent external financial and performance
13-17    audits of any Medicaid contractor used by the department in the
13-18    department's operation of a part of the state Medicaid program. The
13-19    department regularly shall review its Medicaid contracts and ensure
13-20    that:
13-21                (1)  the frequency and extent of audits of a Medicaid
13-22    contractor under this section are based on the amount of risk to
13-23    the state involved in the administrative services being performed
13-24    by the contractor;
13-25                (2)  audit procedures related to financial audits and
13-26    performance audits are used consistently in audits under this
13-27    section; and
 14-1                (3)  to the extent possible, audits under this section
 14-2    are completed in a timely manner.
 14-3          (c)  If another state agency succeeds to the department's
 14-4    operation of a part of the state Medicaid program for which the
 14-5    department used a Medicaid contractor, the successor agency shall
 14-6    comply with this section with regard to the Medicaid contractor,
 14-7    including the requirement to contract with an independent auditor
 14-8    to perform the external financial and performance audits required
 14-9    by this section.
14-10          Sec. 12.0124.  ELECTRONIC TRANSACTIONS; STATE MEDICAID
14-11    PROGRAM.  The department or the department's successor in function
14-12    in relation to  the department's operation of a part of the state
14-13    Medicaid program shall implement policies that encourage the use of
14-14    electronic transactions.  The policies shall require payment to
14-15    Medicaid service providers by electronic funds transfer, including
14-16    electronic remittance and status reports.  The policies shall also
14-17    include the establishment of incentives to submit claims
14-18    electronically and of disincentives to submit claims on paper that
14-19    are reasonably based on the higher administrative costs to process
14-20    claims submitted on paper.
14-21          SECTION 1.11.  Subchapter B, Chapter 12, Health and Safety
14-22    Code, is amended by adding Sections 12.0145 and 12.0146 to read as
14-23    follows:
14-24          Sec. 12.0145.  INFORMATION ABOUT ENFORCEMENT ACTIONS.  (a)
14-25    The department shall publish and provide information in accordance
14-26    with this section  regarding each final enforcement action taken by
14-27    the department, commissioner, or board against a person or facility
 15-1    regulated by the department in which any kind of sanction is
 15-2    imposed, including:
 15-3                (1)  the imposition of a reprimand, a period of
 15-4    probation, a monetary penalty, or a condition on a person's
 15-5    continued practice or a facility's continued operation; and
 15-6                (2)  the refusal to renew or the suspension, probation,
 15-7    or revocation of a license or other form of permission to engage in
 15-8    an activity.
 15-9          (b)  Except to the extent that the information is
15-10    specifically made confidential under other law, the department
15-11    shall publish and provide the name, including any trade name, of
15-12    the person or facility against which an enforcement action was
15-13    taken, the violation that the person or facility was found to have
15-14    committed, and the sanction imposed.  The department shall publish
15-15    and provide the information in a way that does not serve to
15-16    identify a complainant.
15-17          (c)  The department shall publish the information on its
15-18    generally accessible Internet site. The department also shall
15-19    provide the information by establishing a system under which
15-20    members of the public can call toll-free numbers to obtain the
15-21    information efficiently and with a minimum of delay.  The
15-22    department shall appropriately publicize the toll-free numbers.
15-23          (d)  The department shall publish and provide the information
15-24    promptly after the sanction has been imposed or, when applicable,
15-25    promptly after the period during which the sanction is imposed has
15-26    begun.  The department by rule shall establish the length of time
15-27    during which the required information will be published and
 16-1    provided under this section based on the department's determination
 16-2    regarding the types of services provided by regulated entities and
 16-3    the length of time for which information about a category of
 16-4    enforcement actions is useful to a member of the public.
 16-5          (e)  The department shall publish and provide the information
 16-6    using clear language that can be readily understood by a person
 16-7    with a high school education.
 16-8          (f)  If another law specifically requires that particular
 16-9    information subject to this section shall be published in another
16-10    manner, the department shall comply with this section and with the
16-11    other law.
16-12          (g)  A determination that the department is not required to
16-13    publish and provide information under this section does not affect
16-14    a determination regarding whether the information is subject to
16-15    required disclosure under the open records law, Chapter 552,
16-16    Government Code.  The department's determination regarding the
16-17    length of the period during which information should continue to be
16-18    published and provided under this section does not affect a
16-19    determination regarding the period for which the information must
16-20    be preserved under Chapter 441, Government Code, or under another
16-21    law.
16-22          Sec. 12.0146.  TRENDS IN ENFORCEMENT.  The department shall
16-23    publish annually an analysis of its enforcement actions taken under
16-24    state law with regard to each profession, industry, or type of
16-25    facility regulated by the department. The analysis for each
16-26    regulatory area must show at a minimum the year-to-year trends in
16-27    the number and types of enforcement actions taken by the department
 17-1    in its regulation of the profession, industry, or type of facility.
 17-2          SECTION 1.12.  Section 466.001(a), Health and Safety Code, is
 17-3    amended to read as follows:
 17-4          (a)  It is the intent of the legislature that the department
 17-5    [and the commission] exercise its [their respective] administrative
 17-6    powers and regulatory authority to ensure the proper use of
 17-7    approved narcotic drugs in the treatment of narcotic dependent
 17-8    persons.
 17-9          SECTION 1.13.  Section 466.002, Health and Safety Code, is
17-10    amended to read as follows:
17-11          Sec. 466.002.  DEFINITIONS.  In this chapter:
17-12                (1)  "Approved narcotic drug" means a drug approved by
17-13    the United States Food and Drug Administration for maintenance or
17-14    detoxification of a person physiologically addicted to the opiate
17-15    class of drugs.
17-16                (2)  "Authorized agent" means an employee of the
17-17    department who is designated by the commissioner to enforce this
17-18    chapter.
17-19                (3)  "Board" means the Texas Board of Health.
17-20                (4)  ["Commission" means the Texas Commission on
17-21    Alcohol and Drug Abuse.]
17-22                [(5)]  "Commissioner" means the commissioner of public
17-23    health.
17-24                (5) [(6)]  "Department" means the Texas Department of
17-25    Health.
17-26                (6) [(7)]  "Facility" includes a medical office, an
17-27    outpatient clinic, a general or special hospital, a community
 18-1    mental health center, and any other location in which a structured
 18-2    narcotic dependency program is conducted.
 18-3                (7) [(8)]  "Narcotic drug" has the meaning assigned by
 18-4    Chapter 481 (Texas Controlled Substances Act).
 18-5          SECTION 1.14.  Section 466.004(a), Health and Safety Code, is
 18-6    amended to read as follows:
 18-7          (a)  The board shall adopt and the department shall
 18-8    administer and enforce rules to ensure the proper use of approved
 18-9    narcotic drugs in the treatment of narcotic drug-dependent persons,
18-10    including rules that:
18-11                (1)  require an applicant or a permit holder to make
18-12    annual, periodic, and special reports that the department
18-13    determines are necessary;
18-14                (2)  require an applicant or permit holder to keep
18-15    records that the department determines are necessary;
18-16                (3)  provide for investigations that the department
18-17    determines are necessary; and
18-18                (4)  provide for the coordination of the approval of
18-19    narcotic drug treatment programs by the United States Food and Drug
18-20    Administration and the United States Drug Enforcement
18-21    Administration[; and]
18-22                [(5)  provide for cooperation with the commission in
18-23    the licensing of narcotic drug treatment programs as required by
18-24    Subchapter A, Chapter 464].
18-25          SECTION 1.15.  Section 466.022, Health and Safety Code, is
18-26    amended to read as follows:
18-27          Sec. 466.022.  LIMITATION ON PRESCRIPTION, ORDER, OR
 19-1    ADMINISTRATION OF NARCOTIC DRUG.  A physician may not prescribe,
 19-2    order, or administer a narcotic drug for the purpose of treating
 19-3    drug dependency unless the physician prescribes, orders, or
 19-4    administers an approved narcotic drug for the maintenance or
 19-5    detoxification of drug-dependent persons as part of a program
 19-6    permitted by the department [and the commission].
 19-7          SECTION 1.16.  Section 32.028, Human Resources Code, is
 19-8    amended by adding Subsections (e) and (f) to read as follows:
 19-9          (e)  The department in its adoption of reasonable rules and
19-10    standards governing the determination of rates paid for services
19-11    provided by a federally qualified health center, as defined by 42
19-12    U.S.C. Section 1396d(l)(2)(B), shall assure that a center is
19-13    reimbursed for 100 percent of reasonable costs incurred by the
19-14    center in rendering services to Medicaid recipients.
19-15          (f)  The department in its adoption of reasonable rules and
19-16    standards governing the determination of rates paid for services
19-17    provided by a rural health clinic, as defined by 42 U.S.C. Section
19-18    1396d(l)(1), shall assure that a clinic is reimbursed for 100
19-19    percent of reasonable costs incurred by the clinic in rendering
19-20    services to Medicaid recipients.
19-21          SECTION 1.17.  Section 11.016(c), Health and Safety Code, is
19-22    repealed.
19-23          SECTION 1.18.  Section 466.005, Health and Safety Code, is
19-24    repealed.
19-25          SECTION 1.19.  Section 503.008, Health and Safety Code, is
19-26    repealed.
19-27          SECTION 1.20.  The Texas Department of Health shall publish
 20-1    the first comprehensive strategic and operational plan required
 20-2    under Section 11.0045, Health and Safety Code, as added by this
 20-3    Act, not later than September 1, 2000.
 20-4          SECTION 1.21.  The Texas Department of Health shall
 20-5    comprehensively study the impact that the state's Medicaid managed
 20-6    care program has had on each of the populations served by the
 20-7    department and on all health care providers, clinics, and
 20-8    hospitals.  The department shall report its findings to the
 20-9    presiding officer of each house of the legislature and of each
20-10    legislative committee that has oversight responsibility for the
20-11    department not later than November 1, 2000.
20-12          SECTION 1.22.  (a)  As soon as possible after the effective
20-13    date of this Act and to the extent allowed under federal law, the
20-14    Texas Department of Health shall implement a pilot project that, on
20-15    a scale appropriate for a pilot project, integrates all appropriate
20-16    functions of the department's health care delivery programs in
20-17    accordance with Section 12.0115, Health and Safety Code, as added
20-18    by this Act, including integrating the functions of health care
20-19    delivery programs that are part of the state Medicaid program with
20-20    functions of health care delivery programs that are not part of the
20-21    state Medicaid program.
20-22          (b)  The pilot project must be initiated not later than
20-23    September 1, 2000. The pilot project terminates September 1, 2001,
20-24    but the department may continue successful elements of the project
20-25    after that date as part of the department's general duty to
20-26    integrate its health care delivery programs under Section 12.0115,
20-27    Health and Safety Code, as added by this Act.
 21-1          (c)  The department shall make an interim report regarding
 21-2    its problems and progress in implementing the pilot project not
 21-3    later than September 1, 2000, as part of the initial comprehensive
 21-4    strategic and operational plan required under Section 11.0045,
 21-5    Health and Safety Code, as added by this Act. The department shall
 21-6    fully evaluate the successes and problems of the completed pilot
 21-7    project as part of the comprehensive strategic and operational plan
 21-8    that the department is required to publish not later than September
 21-9    1, 2002.
21-10          (d)  In addition to reporting on the problems and successes
21-11    of the pilot project, the department shall evaluate generally the
21-12    duties imposed on the department under Section 12.0115, Health and
21-13    Safety Code, as added by this Act. The department shall report not
21-14    later than September 1, 2002, as part of the second comprehensive
21-15    strategic and operational plan, on the benefits and problems that
21-16    the department foresees in fully implementing Section 12.0115. The
21-17    second comprehensive report shall:
21-18                (1)  state the ways in which the department intends to
21-19    integrate its programs;
21-20                (2)  demonstrate why it is expected that the
21-21    department's approach will best promote the goals of program
21-22    integration, with regard to expected benefits to recipients and
21-23    providers of health services and with regard to administrative
21-24    savings expected to be realized by government and by providers of
21-25    health services;
21-26                (3)  address the extent to which the department has
21-27    implemented or plans to implement a uniform contracting process
 22-1    that incorporates processes and principles identified by the
 22-2    department's contract leverage team in its July 1996 Contracting
 22-3    Guide for Client Services, and state the expected savings and
 22-4    efficiencies that have resulted or should result from
 22-5    implementation;
 22-6                (4)  state the ways in which the department's plan to
 22-7    integrate the functions of its health care delivery programs
 22-8    includes a plan to coordinate contract performance monitoring,
 22-9    combine claims processing, and improve the process by which
22-10    providers are reimbursed; and
22-11                (5)  recommend any changes to state law that are needed
22-12    to remove impediments to an integrated health care delivery system.
22-13          SECTION 1.23.  (a)  The Texas Department of Health, with the
22-14    assistance of the state auditor, shall conduct a comprehensive
22-15    evaluation of the department's regulatory functions.  The
22-16    evaluation must include an examination and analysis of the
22-17    effectiveness of the department's:
22-18                (1)  rules that affect or support its regulatory
22-19    practices;
22-20                (2)  inspection efforts, including its scheduling of
22-21    inspections and consistency between inspections;
22-22                (3)  investigative practices, including investigations
22-23    conducted in response to a complaint;
22-24                (4)  use of sanctions;
22-25                (5)  enforcement actions in relation to the time it
22-26    takes to initiate and complete an enforcement action and in
22-27    relation to the role of the department's office of general counsel;
 23-1                (6)  efforts to ensure compliance with applicable laws
 23-2    and rules; and
 23-3                (7)  efforts to ensure the consistency and
 23-4    appropriateness of the training of inspectors, including ensuring
 23-5    that:
 23-6                      (A)  inspectors are familiar with the type of
 23-7    facility and with the type of care provided at a facility that they
 23-8    inspect; and
 23-9                      (B)  the skills and knowledge of inspectors
23-10    remain current through continuing education and review.
23-11          (b)  The department shall report the results of the
23-12    evaluation, including the identification of any problem areas and
23-13    any recommended solutions to the problems that require management
23-14    actions or statutory changes, to the legislature and to the Texas
23-15    Board of Health not later than November 1, 2000.
23-16          SECTION 1.24.  (a)  The change in law made by this Act to
23-17    Section 2003.021, Government Code, transferring the responsibility
23-18    to conduct hearings in matters that are contested cases under
23-19    Chapter 2001, Government Code, from the commissioner of public
23-20    health and the Texas Board of Health or Texas Department of Health
23-21    to the State Office of Administrative Hearings, applies only to a
23-22    contested case in which notice of the hearing is given under
23-23    Sections 2001.051 and 2001.052, Government Code, on or after the
23-24    effective date of this Act. The commissioner of public health or
23-25    the Texas Board of Health or Texas Department of Health, as
23-26    appropriate, shall conduct the hearing in a contested case for
23-27    which the notice of hearing is given before the effective date of
 24-1    this Act.
 24-2          (b)  This Act does not transfer from the commissioner of
 24-3    public health or the Texas Board of Health or Texas Department of
 24-4    Health, as appropriate, the responsibility to conduct a fair
 24-5    hearing that is required under federal law unless the fair hearing
 24-6    is considered to be a contested case under Chapter 2001, Government
 24-7    Code.
 24-8          (c)  This Act does not require the commissioner of public
 24-9    health or the Texas Board of Health or Texas Department of Health
24-10    to transfer personnel to the State Office of Administrative
24-11    Hearings.
24-12          SECTION 1.25.  The changes in law made by this Act in the
24-13    prohibitions applying to members of the Texas Board of Health do
24-14    not affect the entitlement of a member serving on the board
24-15    immediately before September 1, 1999, to continue to serve and
24-16    function as a member of the board for the remainder of the member's
24-17    term.  The changes in law apply only to a member appointed on or
24-18    after September 1, 1999.
24-19         ARTICLE 2.  LICENSURE OF HOSPITAL OUTPATIENT FACILITIES;
24-20                         FEES CHARGED TO HOSPITALS
24-21          SECTION 2.01.  Section 241.023, Health and Safety Code, is
24-22    amended to read as follows:
24-23          Sec. 241.023.  ISSUANCE OF LICENSE.  (a)  On receiving a
24-24    license application and the license fee, the department shall issue
24-25    a license if it finds that the applicant and the hospital comply
24-26    with this chapter and the rules or standards adopted under this
24-27    chapter.
 25-1          (b)  A license may be renewed annually after payment of the
 25-2    required fee.
 25-3          (c)  The department may issue a license only for the premises
 25-4    and person or governmental unit named in the application.
 25-5          (d)  Subject to Subsection (e), a license issued under this
 25-6    section for a hospital includes each outpatient facility that is
 25-7    not separately licensed, that is located apart from the hospital,
 25-8    and for which the hospital has submitted to the department:
 25-9                (1)  a copy of a fire safety survey that is dated not
25-10    earlier than one year before the submission date indicating
25-11    approval by:
25-12                      (A)  the local fire authority in whose
25-13    jurisdiction the outpatient facility is located; or
25-14                      (B)  the nearest fire authority, if the
25-15    outpatient facility is located outside of the jurisdiction of a
25-16    local fire authority; and
25-17                (2)  if the hospital is accredited by the Joint
25-18    Commission on Accreditation of Healthcare Organizations or the
25-19    American Osteopathic Association, a copy of documentation from the
25-20    accrediting body showing that the outpatient facility is included
25-21    within the hospital's accreditation.
25-22          (e)  Subsection (d) applies only if the federal Department of
25-23    Health and Human Services, Health Care Financing Administration, or
25-24    Office of Inspector General adopts final or interim final rules
25-25    requiring state licensure of outpatient facilities as a condition
25-26    of the determination of provider-based status for Medicare
25-27    reimbursement purposes.
 26-1          (f)  A license may not be transferred or assigned without the
 26-2    written approval of the department.
 26-3          (g) [(e)]  A license shall be posted in a conspicuous place
 26-4    on the licensed premises.
 26-5          SECTION 2.02.  Section 241.025, Health and Safety Code, is
 26-6    amended to read as follows:
 26-7          Sec. 241.025.  LICENSE FEES.  (a)  The department shall
 26-8    charge each hospital an annual license fee for an initial license
 26-9    or a license renewal.
26-10          (b)  The board by rule shall adopt the fees authorized by
26-11    Subsection (a) according to a schedule under [in] which the number
26-12    of beds in the hospital determines the amount of the fee.  The fee
26-13    may not exceed $15 [$10] a bed.  A minimum license fee may be
26-14    established.  The minimum fee may not exceed $1,000[, and the total
26-15    fee may not be less than $200 or more than $10,000].
26-16          (c)  A fee adopted under this chapter must be based on the
26-17    estimated cost to and level of effort expended by the department to
26-18    conduct the activity for which the fee is imposed.  [The board by
26-19    rule shall adopt a temporary initial license fee in an amount
26-20    sufficient to cover the reasonable expense to the department of
26-21    issuing the license.]
26-22          (d)  All license fees collected shall be deposited in the
26-23    state treasury to the credit of the department to administer and
26-24    enforce this chapter.  These fees are hereby appropriated to the
26-25    department.
26-26          SECTION 2.03.  Section 241.104, Health and Safety Code, is
26-27    amended to read as follows:
 27-1          Sec. 241.104.  HOSPITAL PLAN REVIEWS.  (a)  The board by rule
 27-2    shall adopt fees for hospital plan reviews according to a schedule
 27-3    based on the estimated construction costs.  [If an estimated
 27-4    construction cost cannot be established, the estimated cost is $105
 27-5    per square foot.]
 27-6          (b)  The fee schedule may not exceed the following:
 27-7                     Cost of Construction            Fee
 27-8         (1)          $   100,000 [600,000] or less  $  500
 27-9         (2)          $   100,001 - $   600,000      $1,500
27-10         (3)          $   600,001 - $ 2,000,000      $3,000 [1,000]
27-11         (4) [(3)]    $ 2,000,001 - $ 5,000,000      $4,500 [1,500]
27-12         (5) [(4)]    $ 5,000,001 - $10,000,000      $6,000 [2,000]
27-13         (6) [(5)]    $10,000,001 and over           $7,500 [3,000]
27-14          (c)  The department shall charge a fee for field surveys of
27-15    construction plans reviewed under this section.  The board by rule
27-16    shall adopt a fee schedule for the surveys that provides a minimum
27-17    fee of $500 [$100] and a maximum fee of $1,000 [$400] for each
27-18    survey conducted.
27-19          SECTION 2.04.  Section 241.0231, Health and Safety Code, is
27-20    repealed.
27-21          ARTICLE 3.  AMBULATORY SURGICAL CENTERS; ADMINISTRATIVE
27-22                                 PENALTIES
27-23          SECTION 3.01.  Chapter 243, Health and Safety Code, is
27-24    amended by adding Sections 243.015 and 243.016 to read as follows:
27-25          Sec. 243.015.  IMPOSITION OF ADMINISTRATIVE PENALTY.  (a)
27-26    The department may impose an administrative  penalty on a person
27-27    licensed under this chapter who violates this chapter or a rule or
 28-1    order adopted under this chapter.  A penalty collected under this
 28-2    section or Section 243.016 shall be deposited in the state treasury
 28-3    in the general revenue fund.
 28-4          (b)  A proceeding to impose the penalty is considered to be a
 28-5    contested case under Chapter 2001, Government Code.
 28-6          (c)  The amount of the penalty may not exceed $1,000 for each
 28-7    violation, and each day a violation continues or occurs is a
 28-8    separate violation for purposes of imposing a penalty.  The total
 28-9    amount of the penalty assessed for a violation continuing or
28-10    occurring on separate days under this subsection may not exceed
28-11    $5,000.
28-12          (d)  The amount shall be based on:
28-13                (1)  the seriousness of the violation, including the
28-14    nature, circumstances, extent, and gravity of the violation;
28-15                (2)  the threat to health or safety caused by the
28-16    violation;
28-17                (3)  the history of previous violations;
28-18                (4)  the amount necessary to deter a future violation;
28-19                (5)  whether the violator demonstrated good faith,
28-20    including when applicable whether the violator made good faith
28-21    efforts to correct the violation; and
28-22                (6)  any other matter that justice may require.
28-23          (e)  If the department initially determines that a violation
28-24    occurred, the department shall give written notice of the report by
28-25    certified mail to the person.
28-26          (f)  The notice under Subsection (e) must:
28-27                (1)  include a brief summary of the alleged violation;
 29-1                (2)  state the amount of the recommended penalty; and
 29-2                (3)  inform the person of the person's right to a
 29-3    hearing on the occurrence of the violation, the amount of the
 29-4    penalty, or both.
 29-5          (g)  Within 20 days after the date the person receives the
 29-6    notice under Subsection (e), the person in writing may:
 29-7                (1)  accept the determination and recommended penalty
 29-8    of the department; or
 29-9                (2)  make a request for a hearing on the occurrence of
29-10    the violation, the amount of the penalty, or both.
29-11          (h)  If the person accepts the determination and recommended
29-12    penalty or if the person fails to respond to the notice, the
29-13    commissioner of public health by order shall approve the
29-14    determination and impose the recommended penalty.
29-15          (i)  If the person requests a hearing, the commissioner of
29-16    public health shall refer the matter to the State Office of
29-17    Administrative Hearings, which shall promptly set a hearing date
29-18    and give written notice of the time and place of the hearing to the
29-19    person.  An administrative law judge of the State Office of
29-20    Administrative Hearings shall conduct the hearing.
29-21          (j)  The administrative law judge shall make findings of fact
29-22    and conclusions of law and promptly issue to the commissioner of
29-23    public health a proposal for a decision about the occurrence of the
29-24    violation and the amount of a proposed penalty.
29-25          (k)  Based on the findings of fact, conclusions of law, and
29-26    proposal for a decision, the commissioner of public health by order
29-27    may:
 30-1                (1)  find that a violation occurred and impose a
 30-2    penalty; or
 30-3                (2)  find that a violation did not occur.
 30-4          (l)  The notice of the commissioner's order under Subsection
 30-5    (k) that is sent to the person in accordance with Chapter 2001,
 30-6    Government Code, must include a statement of the right of the
 30-7    person to judicial review of the order.
 30-8          Sec. 243.016.  PAYMENT AND COLLECTION OF ADMINISTRATIVE
 30-9    PENALTY; JUDICIAL REVIEW.  (a)  Within 30 days after the date an
30-10    order of the commissioner of public health under Section 243.015(k)
30-11    that imposes an administrative penalty becomes final, the person
30-12    shall:
30-13                (1)  pay the penalty; or
30-14                (2)  file a petition for judicial review of the
30-15    commissioner's order contesting the occurrence of the violation,
30-16    the amount of the penalty, or both.
30-17          (b)  Within the 30-day period prescribed by Subsection (a), a
30-18    person who files a petition for judicial review may:
30-19                (1)  stay enforcement of the penalty by:
30-20                      (A)  paying the penalty to the court for
30-21    placement in an escrow account; or
30-22                      (B)  giving the court a supersedeas bond approved
30-23    by the court that:
30-24                            (i)  is for the amount of the penalty; and
30-25                            (ii)  is effective until all judicial
30-26    review of the commissioner's order is final; or
30-27                (2)  request the court to stay enforcement of the
 31-1    penalty by:
 31-2                      (A)  filing with the court a sworn affidavit of
 31-3    the person stating that the person is financially unable to pay the
 31-4    penalty and is financially unable to give the supersedeas bond; and
 31-5                      (B)  sending a copy of the affidavit to the
 31-6    commissioner of public health by certified mail.
 31-7          (c)  If the commissioner of public health receives a copy of
 31-8    an affidavit under Subsection (b)(2), the commissioner  may file
 31-9    with the court, within five days after the date the copy is
31-10    received, a contest to the affidavit.  The court shall hold a
31-11    hearing on the facts alleged in the affidavit as soon as
31-12    practicable and shall stay the enforcement of the penalty on
31-13    finding that the alleged facts are true.  The person who files an
31-14    affidavit has the burden of proving that the person is financially
31-15    unable to pay the penalty or to give a supersedeas bond.
31-16          (d)  If the person does not pay the penalty and the
31-17    enforcement of the penalty is not stayed, the penalty may be
31-18    collected. The attorney general may sue to collect the penalty.
31-19          (e)  If the court sustains the finding that a violation
31-20    occurred, the court may uphold or reduce the amount of the penalty
31-21    and order the person to pay the full or reduced amount of the
31-22    penalty.
31-23          (f)  If the court does not sustain the finding that a
31-24    violation occurred, the court shall order that a penalty is not
31-25    owed.
31-26          (g)  If the person paid the penalty and if the amount of the
31-27    penalty is reduced or the penalty is not upheld by the court, the
 32-1    court shall order, when the court's judgment becomes final, that
 32-2    the appropriate amount plus accrued interest be remitted to the
 32-3    person within 30 days after the date that the judgment of the court
 32-4    becomes final. The interest accrues at the rate charged on loans to
 32-5    depository institutions by the New York Federal Reserve Bank. The
 32-6    interest shall be paid for the period beginning on the date the
 32-7    penalty is paid and ending on the date the penalty is remitted.
 32-8          (h)  If the person gave a supersedeas bond and the penalty is
 32-9    not upheld by the court, the court shall order, when the court's
32-10    judgment becomes final, the release of the bond. If the person gave
32-11    a supersedeas bond and the amount of the penalty is reduced, the
32-12    court shall order the release of the bond after the person pays the
32-13    reduced amount.
32-14          ARTICLE 4.  BIRTHING CENTERS; ADMINISTRATIVE PENALTIES
32-15          SECTION 4.01.  Chapter 244, Health and Safety Code, is
32-16    amended by adding Sections 244.015 and 244.016 to read as follows:
32-17          Sec. 244.015.  IMPOSITION OF ADMINISTRATIVE PENALTY.  (a)
32-18    The department may impose an administrative penalty on a person
32-19    licensed under this chapter who violates this chapter or a rule or
32-20    order adopted under this chapter.  A penalty collected under this
32-21    section or Section 244.016 shall be deposited in the state treasury
32-22    in the general revenue fund.
32-23          (b)  A proceeding to impose the penalty is considered to be a
32-24    contested case under Chapter 2001, Government Code.
32-25          (c)  The amount of the penalty may not exceed $1,000 for each
32-26    violation, and each day a violation continues or occurs is a
32-27    separate violation for purposes of imposing a penalty.  The total
 33-1    amount of the penalty assessed for a violation continuing or
 33-2    occurring on separate days under this subsection may not exceed
 33-3    $5,000.
 33-4          (d)  The amount shall be based on:
 33-5                (1)  the seriousness of the violation, including the
 33-6    nature, circumstances, extent, and gravity of the violation;
 33-7                (2)  the threat to health or safety caused by the
 33-8    violation;
 33-9                (3)  the history of previous violations;
33-10                (4)  the amount necessary to deter a future violation;
33-11                (5)  whether the violator demonstrated good faith,
33-12    including when applicable whether the violator made good faith
33-13    efforts to correct the violation; and
33-14                (6)  any other matter that justice may require.
33-15          (e)  If the department initially determines that a violation
33-16    occurred, the department shall give written notice of the report by
33-17    certified mail to the person.
33-18          (f)  The notice under Subsection (e) must:
33-19                (1)  include a brief summary of the alleged violation;
33-20                (2)  state the amount of the recommended penalty; and
33-21                (3)  inform the person of the person's right to a
33-22    hearing on the occurrence of the violation, the amount of the
33-23    penalty, or both.
33-24          (g)  Within 20 days after the date the person receives the
33-25    notice under Subsection (e), the person in writing may:
33-26                (1)  accept the determination and recommended penalty
33-27    of the department; or
 34-1                (2)  make a request for a hearing on the occurrence of
 34-2    the violation, the amount of the penalty, or both.
 34-3          (h)  If the person accepts the determination and recommended
 34-4    penalty or if the person fails to respond to the notice, the
 34-5    commissioner of public health by order shall approve the
 34-6    determination and impose the recommended penalty.
 34-7          (i)  If the person requests a hearing, the commissioner of
 34-8    public health shall refer the matter to the State Office of
 34-9    Administrative Hearings, which shall promptly set a hearing date
34-10    and give written notice of the time and place of the hearing to the
34-11    person. An administrative law judge of the State Office of
34-12    Administrative Hearings shall conduct the hearing.
34-13          (j)  The administrative law judge shall make findings of fact
34-14    and conclusions of law and promptly issue to the commissioner of
34-15    public health a proposal for a decision about the occurrence of the
34-16    violation and the amount of a proposed penalty.
34-17          (k)  Based on the findings of fact, conclusions of law, and
34-18    proposal for a decision, the commissioner of public health by order
34-19    may:
34-20                (1)  find that a violation occurred and impose a
34-21    penalty; or
34-22                (2)  find that a violation did not occur.
34-23          (l)  The notice of the commissioner's order under Subsection
34-24    (k) that is sent to the person in accordance with Chapter 2001,
34-25    Government Code, must include a statement of the right of the
34-26    person to judicial review of the order.
34-27          Sec. 244.016.  PAYMENT AND COLLECTION OF ADMINISTRATIVE
 35-1    PENALTY; JUDICIAL REVIEW.  (a)  Within 30 days after the date an
 35-2    order of the commissioner of public health under Section 244.015(k)
 35-3    that imposes an administrative penalty becomes final, the person
 35-4    shall:
 35-5                (1)  pay the penalty; or
 35-6                (2)  file a petition for judicial review of the
 35-7    commissioner's order contesting the occurrence of the violation,
 35-8    the amount of the penalty, or both.
 35-9          (b)  Within the 30-day period prescribed by Subsection (a), a
35-10    person who files a petition for judicial review may:
35-11                (1)  stay enforcement of the penalty by:
35-12                      (A)  paying the penalty to the court for
35-13    placement in an escrow account; or
35-14                      (B)  giving the court a supersedeas bond approved
35-15    by the court that:
35-16                            (i)  is for the amount of the penalty; and
35-17                            (ii)  is effective until all judicial
35-18    review of the commissioner's order is final; or
35-19                (2)  request the court to stay enforcement of the
35-20    penalty by:
35-21                      (A)  filing with the court a sworn affidavit of
35-22    the person stating that the person is financially unable to pay the
35-23    penalty and is financially unable to give the supersedeas bond; and
35-24                      (B)  sending a copy of the affidavit to the
35-25    commissioner of public health by certified mail.
35-26          (c)  If the commissioner of public health receives a copy of
35-27    an affidavit under Subsection (b)(2), the commissioner  may file
 36-1    with the court, within five days after the date the copy is
 36-2    received, a contest to the affidavit.  The court shall hold a
 36-3    hearing on the facts alleged in the affidavit as soon as
 36-4    practicable and shall stay the enforcement of the penalty on
 36-5    finding that the alleged facts are true.  The person who files an
 36-6    affidavit has the burden of proving that the person is financially
 36-7    unable to pay the penalty or to give a supersedeas bond.
 36-8          (d)  If the person does not pay the penalty and the
 36-9    enforcement of the penalty is not stayed, the penalty may be
36-10    collected. The attorney general may sue to collect the penalty.
36-11          (e)  If the court sustains the finding that a violation
36-12    occurred, the court may uphold or reduce the amount of the penalty
36-13    and order the person to pay the full or reduced amount of the
36-14    penalty.
36-15          (f)  If the court does not sustain the finding that a
36-16    violation occurred, the court shall order that a penalty is not
36-17    owed.
36-18          (g)  If the person paid the penalty and if the amount of the
36-19    penalty is reduced or the penalty is not upheld by the court, the
36-20    court shall order, when the court's judgment becomes final, that
36-21    the appropriate amount plus accrued interest be remitted to the
36-22    person within 30 days after the date that the judgment of the court
36-23    becomes final. The interest accrues at the rate charged on loans to
36-24    depository institutions by the New York Federal Reserve Bank. The
36-25    interest shall be paid for the period beginning on the date the
36-26    penalty is paid and ending on the date the penalty is remitted.
36-27          (h)  If the person gave a supersedeas bond and the penalty is
 37-1    not upheld by the court, the court shall order, when the court's
 37-2    judgment becomes final, the release of the bond. If the person gave
 37-3    a supersedeas bond and the amount of the penalty is reduced, the
 37-4    court shall order the release of the bond after the person pays the
 37-5    reduced amount.
 37-6       ARTICLE 5.  SPECIAL CARE FACILITIES; ADMINISTRATIVE PENALTIES
 37-7          SECTION 5.01.  Chapter 248, Health and Safety Code, is
 37-8    amended by adding Subchapter D to read as follows:
 37-9                   SUBCHAPTER D.  ADMINISTRATIVE PENALTY
37-10          Sec. 248.101.  IMPOSITION OF PENALTY.  (a)  The department of
37-11    health may impose an administrative penalty on a person licensed
37-12    under this chapter who violates this chapter or a rule or order
37-13    adopted under this chapter.
37-14          (b)  A penalty collected under this subchapter shall be
37-15    deposited in the state treasury in the general revenue fund.
37-16          Sec. 248.102.  AMOUNT OF PENALTY.  (a)  The amount of the
37-17    penalty may not exceed $1,000 for each violation, and each day a
37-18    violation continues or occurs is a separate violation for purposes
37-19    of imposing a penalty.  The total amount of the penalty assessed
37-20    for a violation continuing or occurring on separate days under this
37-21    subsection may not exceed $5,000.
37-22          (b)  The amount shall be based on:
37-23                (1)  the seriousness of the violation, including the
37-24    nature, circumstances, extent, and gravity of the violation;
37-25                (2)  the threat to health or safety caused by the
37-26    violation;
37-27                (3)  the history of previous violations;
 38-1                (4)  the amount necessary to deter a future violation;
 38-2                (5)  whether the violator demonstrated good faith,
 38-3    including when applicable whether the violator made good faith
 38-4    efforts to correct the violation; and
 38-5                (6)  any other matter that justice may require.
 38-6          Sec. 248.103.  REPORT AND NOTICE OF VIOLATION AND PENALTY.
 38-7    (a)  If the department initially determines that a violation
 38-8    occurred, the department shall give written notice of the report by
 38-9    certified mail to the person.
38-10          (b)  The notice must:
38-11                (1)  include a brief summary of the alleged violation;
38-12                (2)  state the amount of the recommended penalty; and
38-13                (3)  inform the person of the person's right to a
38-14    hearing on the occurrence of the violation, the amount of the
38-15    penalty, or both.
38-16          Sec. 248.104.  PENALTY TO BE PAID OR HEARING REQUESTED.  (a)
38-17    Within 20 days after the date the person receives the notice sent
38-18    under Section 248.103, the person in writing may:
38-19                (1)  accept the determination and recommended penalty
38-20    of the department; or
38-21                (2)  make a request for a hearing on the occurrence of
38-22    the violation, the amount of the penalty, or both.
38-23          (b)  If the person accepts the determination and recommended
38-24    penalty or if the person fails to respond to the notice, the
38-25    commissioner of public health by order shall approve the
38-26    determination and impose the recommended penalty.
38-27          Sec. 248.105.  HEARING.  (a)  If the person requests a
 39-1    hearing, the commissioner of public health shall refer the matter
 39-2    to the State Office of Administrative Hearings, which shall
 39-3    promptly set a hearing date and give written notice of the time and
 39-4    place of the hearing to the person. An administrative law judge of
 39-5    the State Office of Administrative Hearings shall conduct the
 39-6    hearing.
 39-7          (b)  The administrative law judge shall make findings of fact
 39-8    and conclusions of law and promptly issue to the commissioner of
 39-9    public health a proposal for a decision about the occurrence of the
39-10    violation and the amount of a proposed penalty.
39-11          Sec. 248.106.  DECISION BY COMMISSIONER.  (a)  Based on the
39-12    findings of fact, conclusions of law, and proposal for a decision,
39-13    the commissioner of public health by order may:
39-14                (1)  find that a violation occurred and impose a
39-15    penalty; or
39-16                (2)  find that a violation did not occur.
39-17          (b)  The notice of the commissioner's order under Subsection
39-18    (a) that is sent to the person in accordance with Chapter 2001,
39-19    Government Code, must include a statement of the right of the
39-20    person to judicial review of the order.
39-21          Sec. 248.107.  OPTIONS FOLLOWING DECISION: PAY OR APPEAL.
39-22    Within 30 days after the date the order of the commissioner of
39-23    public health under Section 248.106 that imposes an administrative
39-24    penalty becomes final, the person shall:
39-25                (1)  pay the penalty; or
39-26                (2)  file a petition for judicial review of the
39-27    commissioner's order contesting the occurrence of the violation,
 40-1    the amount of the penalty, or both.
 40-2          Sec. 248.108.  STAY OF ENFORCEMENT OF PENALTY.  (a)  Within
 40-3    the 30-day period prescribed by Section 248.107, a person who files
 40-4    a petition for judicial review may:
 40-5                (1)  stay enforcement of the penalty by:
 40-6                      (A)  paying the penalty to the court for
 40-7    placement in an escrow account; or
 40-8                      (B)  giving the court a supersedeas bond approved
 40-9    by the court that:
40-10                            (i)  is for the amount of the penalty; and
40-11                            (ii)  is effective until all judicial
40-12    review of the commissioner's order is final; or
40-13                (2)  request the court to stay enforcement of the
40-14    penalty by:
40-15                      (A)  filing with the court a sworn affidavit of
40-16    the person stating that the person is financially unable to pay the
40-17    penalty and is financially unable to give the supersedeas bond; and
40-18                      (B)  sending a copy of the affidavit to the
40-19    commissioner of public health by certified mail.
40-20          (b)  If the commissioner of public health receives a copy of
40-21    an affidavit under Subsection (a)(2), the commissioner may file
40-22    with the court, within five days after the date the copy is
40-23    received, a contest to the affidavit.  The court shall hold a
40-24    hearing on the facts alleged in the affidavit as soon as
40-25    practicable and shall stay the enforcement of the penalty on
40-26    finding that the alleged facts are true.  The person who files an
40-27    affidavit has the burden of proving that the person is financially
 41-1    unable to pay the penalty or to give a supersedeas bond.
 41-2          Sec. 248.109.  COLLECTION OF PENALTY.  (a)  If the person
 41-3    does not pay the penalty and the enforcement of the penalty is not
 41-4    stayed, the penalty may be collected.
 41-5          (b)  The attorney general may sue to collect the penalty.
 41-6          Sec. 248.110.  DECISION BY COURT.  (a)  If the court sustains
 41-7    the finding that a violation occurred, the court may uphold or
 41-8    reduce the amount of the penalty and order the person to pay the
 41-9    full or reduced amount of the penalty.
41-10          (b)  If the court does not sustain the finding that a
41-11    violation occurred, the court shall order that a penalty is not
41-12    owed.
41-13          Sec. 248.111.  REMITTANCE OF PENALTY AND INTEREST.  (a)  If
41-14    the person paid the penalty and if the amount of the penalty is
41-15    reduced or the penalty is not upheld by the court, the court shall
41-16    order, when the court's judgment becomes final, that the
41-17    appropriate amount plus accrued interest be remitted to the person
41-18    within 30 days after the date that the judgment of the court
41-19    becomes final.
41-20          (b)  The interest accrues at the rate charged on loans to
41-21    depository institutions by the New York Federal Reserve Bank.
41-22          (c)  The interest shall be paid for the period beginning on
41-23    the date the penalty is paid and ending on the date the penalty is
41-24    remitted.
41-25          Sec. 248.112.  RELEASE OF BOND.  (a)  If the person gave a
41-26    supersedeas bond and the penalty is not upheld by the court, the
41-27    court shall order, when the court's judgment becomes final, the
 42-1    release of the bond.
 42-2          (b)  If the person gave a supersedeas bond and the amount of
 42-3    the penalty is reduced, the court shall order the release of the
 42-4    bond after the person pays the reduced amount.
 42-5          Sec. 248.113.  ADMINISTRATIVE PROCEDURE.  A proceeding to
 42-6    impose the penalty is considered to be a contested case under
 42-7    Chapter 2001, Government Code.
 42-8       ARTICLE 6.  ABUSABLE GLUES AND AEROSOL PAINTS; ADMINISTRATIVE
 42-9                                 PENALTIES
42-10          SECTION 6.01.  Chapter 485, Health and Safety Code, is
42-11    amended by adding Subchapter D to read as follows:
42-12                   SUBCHAPTER D.  ADMINISTRATIVE PENALTY
42-13          Sec. 485.101.  IMPOSITION OF PENALTY.  (a)  The department
42-14    may impose an administrative penalty on a person who sells abusable
42-15    glue or aerosol paint at retail who violates this chapter or a rule
42-16    or order adopted under this chapter.
42-17          (b)  A penalty collected under this subchapter shall be
42-18    deposited in the state treasury in the general revenue fund.
42-19          Sec. 485.102.  AMOUNT OF PENALTY.  (a)  The amount of the
42-20    penalty may not exceed $1,000 for each violation, and each day a
42-21    violation continues or occurs is a separate violation for purposes
42-22    of imposing a penalty.  The total amount of the penalty assessed
42-23    for a violation continuing or occurring on separate days under this
42-24    subsection may not exceed $5,000.
42-25          (b)  The amount shall be based on:
42-26                (1)  the seriousness of the violation, including the
42-27    nature, circumstances, extent, and gravity of the violation;
 43-1                (2)  the threat to health or safety caused by the
 43-2    violation;
 43-3                (3)  the history of previous violations;
 43-4                (4)  the amount necessary to deter a future violation;
 43-5                (5)  whether the violator demonstrated good faith,
 43-6    including when applicable whether the violator made good faith
 43-7    efforts to correct the violation; and
 43-8                (6)  any other matter that justice may require.
 43-9          Sec. 485.103.  REPORT AND NOTICE OF VIOLATION AND PENALTY.
43-10    (a)  If the department initially determines that a violation
43-11    occurred, the department shall give written notice of the report by
43-12    certified mail to the person.
43-13          (b)  The notice must:
43-14                (1)  include a brief summary of the alleged violation;
43-15                (2)  state the amount of the recommended penalty; and
43-16                (3)  inform the person of the person's right to a
43-17    hearing on the occurrence of the violation, the amount of the
43-18    penalty, or both.
43-19          Sec. 485.104.  PENALTY TO BE PAID OR HEARING REQUESTED.  (a)
43-20    Within 20 days after the date the person receives the notice sent
43-21    under Section 485.103, the person in writing may:
43-22                (1)  accept the determination and recommended penalty
43-23    of the department; or
43-24                (2)  make a request for a hearing on the occurrence of
43-25    the violation, the amount of the penalty, or both.
43-26          (b)  If the person accepts the determination and recommended
43-27    penalty or if the person fails to respond to the notice, the
 44-1    commissioner by order shall approve the determination and impose
 44-2    the recommended penalty.
 44-3          Sec. 485.105.  HEARING.  (a)  If the person requests a
 44-4    hearing, the commissioner shall refer the matter to the State
 44-5    Office of Administrative Hearings, which shall promptly set a
 44-6    hearing date and give written notice of the time and place of the
 44-7    hearing to the person. An administrative law judge of the State
 44-8    Office of Administrative Hearings shall conduct the hearing.
 44-9          (b)  The administrative law judge shall make findings of fact
44-10    and conclusions of law and promptly issue to the commissioner a
44-11    proposal for a decision about the occurrence of the violation and
44-12    the amount of a proposed penalty.
44-13          Sec. 485.106.  DECISION BY COMMISSIONER.  (a)  Based on the
44-14    findings of fact, conclusions of law, and proposal for a decision,
44-15    the commissioner by order may:
44-16                (1)  find that a violation occurred and impose a
44-17    penalty; or
44-18                (2)  find that a violation did not occur.
44-19          (b)  The notice of the commissioner's order under Subsection
44-20    (a) that is sent to the  person in accordance with Chapter 2001,
44-21    Government Code, must include a statement of the right of the
44-22    person to judicial review of the order.
44-23          Sec. 485.107.  OPTIONS FOLLOWING DECISION: PAY OR APPEAL.
44-24    Within 30 days after the date the order of the commissioner under
44-25    Section 485.106 that imposes an administrative penalty becomes
44-26    final, the person shall:
44-27                (1)  pay the penalty; or
 45-1                (2)  file a petition for judicial review of the
 45-2    commissioner's order contesting the occurrence of the violation,
 45-3    the amount of the penalty, or both.
 45-4          Sec. 485.108.  STAY OF ENFORCEMENT OF PENALTY.  (a)  Within
 45-5    the 30-day period prescribed by Section 485.107, a person who files
 45-6    a petition for judicial review may:
 45-7                (1)  stay enforcement of the penalty by:
 45-8                      (A)  paying the penalty to the court for
 45-9    placement in an escrow account; or
45-10                      (B)  giving the court a supersedeas bond approved
45-11    by the court that:
45-12                            (i)  is for the amount of the penalty; and
45-13                            (ii)  is effective until all judicial
45-14    review of the commissioner's order is final; or
45-15                (2)  request the court to stay enforcement of the
45-16    penalty by:
45-17                      (A)  filing with the court a sworn affidavit of
45-18    the person stating that the person is financially unable to pay the
45-19    penalty and is financially unable to give the supersedeas bond; and
45-20                      (B)  sending a copy of the affidavit to the
45-21    commissioner by certified mail.
45-22          (b)  If the commissioner receives a copy of an affidavit
45-23    under Subsection (a)(2), the commissioner may file with the court,
45-24    within five days after the date the copy is received, a contest to
45-25    the affidavit.  The court shall hold a hearing on the facts alleged
45-26    in the affidavit as soon as practicable and shall stay the
45-27    enforcement of the penalty on finding that the alleged facts are
 46-1    true.  The person who files an affidavit has the burden of proving
 46-2    that the person is financially unable to pay the penalty or to give
 46-3    a supersedeas bond.
 46-4          Sec. 485.109.  COLLECTION OF PENALTY.  (a)  If the person
 46-5    does not pay the penalty and the enforcement of the penalty is not
 46-6    stayed, the penalty may be collected.
 46-7          (b)  The attorney general may sue to collect the penalty.
 46-8          Sec. 485.110.  DECISION BY COURT.  (a)  If the court sustains
 46-9    the finding that a violation occurred, the court may uphold or
46-10    reduce the amount of the penalty and order the person to pay the
46-11    full or reduced amount of the penalty.
46-12          (b)  If the court does not sustain the finding that a
46-13    violation occurred, the court shall order that a penalty is not
46-14    owed.
46-15          Sec. 485.111.  REMITTANCE OF PENALTY AND INTEREST.  (a)  If
46-16    the person paid the penalty and if the amount of the penalty is
46-17    reduced or the penalty is not upheld by the court, the court shall
46-18    order, when the court's judgment becomes final, that the
46-19    appropriate amount plus accrued interest be remitted to the person
46-20    within 30 days after the date that the judgment of the court
46-21    becomes final.
46-22          (b)  The interest accrues at the rate charged on loans to
46-23    depository institutions by the New York Federal Reserve Bank.
46-24          (c)  The interest shall be paid for the period beginning on
46-25    the date the penalty is paid and ending on the date the penalty is
46-26    remitted.
46-27          Sec. 485.112.  RELEASE OF BOND.  (a)  If the person gave a
 47-1    supersedeas bond and the penalty is not upheld by the court, the
 47-2    court shall order, when the court's judgment becomes final, the
 47-3    release of the bond.
 47-4          (b)  If the person gave a supersedeas bond and the amount of
 47-5    the penalty is reduced, the court shall order the release of the
 47-6    bond after the person pays the reduced amount.
 47-7          Sec. 485.113.  ADMINISTRATIVE PROCEDURE.  A proceeding to
 47-8    impose the penalty is considered to be a contested case under
 47-9    Chapter 2001, Government Code.
47-10         ARTICLE 7.  HAZARDOUS SUBSTANCES; ADMINISTRATIVE PENALTY
47-11          SECTION 7.01.  Chapter 501, Health and Safety Code, is
47-12    amended by adding Subchapter D to read as follows:
47-13                   SUBCHAPTER D.  ADMINISTRATIVE PENALTY
47-14          Sec. 501.101.  IMPOSITION OF PENALTY.  (a)  The department
47-15    may impose an administrative penalty on a person:
47-16                (1)  who manufactures or repacks a hazardous substance
47-17    that is distributed in this state or who distributes a hazardous
47-18    substance in this state; and
47-19                (2)  who violates this chapter or a rule or order
47-20    adopted under this chapter.
47-21          (b)  A penalty collected under this subchapter shall be
47-22    deposited in the state treasury in the general revenue fund.
47-23          Sec. 501.102.  AMOUNT OF PENALTY.  (a)  The amount of the
47-24    penalty may not exceed $1,000 for each violation, and each day a
47-25    violation continues or occurs is a separate violation for purposes
47-26    of imposing a penalty.  The total amount of the penalty assessed
47-27    for a violation continuing or occurring on separate days under this
 48-1    subsection may not exceed $5,000.
 48-2          (b)  The amount shall be based on:
 48-3                (1)  the seriousness of the violation, including the
 48-4    nature, circumstances, extent, and gravity of the violation;
 48-5                (2)  the threat to health or safety caused by the
 48-6    violation;
 48-7                (3)  the history of previous violations;
 48-8                (4)  the amount necessary to deter a future violation;
 48-9                (5)  whether the violator demonstrated good faith,
48-10    including when applicable whether the violator made good faith
48-11    efforts to correct the violation; and
48-12                (6)  any other matter that justice may require.
48-13          Sec. 501.103.  REPORT AND NOTICE OF VIOLATION AND PENALTY.
48-14    (a)  If the department initially determines that a violation
48-15    occurred, the department shall give written notice of the report by
48-16    certified mail to the person.
48-17          (b)  The notice must:
48-18                (1)  include a brief summary of the alleged violation;
48-19                (2)  state the amount of the recommended penalty; and
48-20                (3)  inform the person of the person's right to a
48-21    hearing on the occurrence of the violation, the amount of the
48-22    penalty, or both.
48-23          Sec. 501.104.  PENALTY TO BE PAID OR HEARING REQUESTED.  (a)
48-24    Within 20 days after the date the person receives the notice sent
48-25    under Section 501.103, the person in writing may:
48-26                (1)  accept the determination and recommended penalty
48-27    of the department; or
 49-1                (2)  make a request for a hearing on the occurrence of
 49-2    the violation, the amount of the penalty, or both.
 49-3          (b)  If the person accepts the determination and recommended
 49-4    penalty or if the person fails to respond to the notice, the
 49-5    commissioner of public health by order shall approve the
 49-6    determination and impose the recommended penalty.
 49-7          Sec. 501.105.  HEARING.  (a)  If the person requests a
 49-8    hearing, the commissioner of public health shall refer the matter
 49-9    to the State Office of Administrative Hearings, which shall
49-10    promptly set a hearing date and give written notice of the time and
49-11    place of the hearing to the person. An administrative law judge of
49-12    the State Office of Administrative Hearings shall conduct the
49-13    hearing.
49-14          (b)  The administrative law judge shall make findings of fact
49-15    and conclusions of law and promptly issue to the commissioner of
49-16    public health a proposal for a decision about the occurrence of the
49-17    violation and the amount of a proposed penalty.
49-18          Sec. 501.106.  DECISION BY COMMISSIONER.  (a)  Based on the
49-19    findings of fact, conclusions of law, and proposal for a decision,
49-20    the commissioner of public health by order may:
49-21                (1)  find that a violation occurred and impose a
49-22    penalty; or
49-23                (2)  find that a violation did not occur.
49-24          (b)  The notice of the commissioner's order under Subsection
49-25    (a)  that is sent to the person in accordance with Chapter 2001,
49-26    Government Code, must include a statement of the right of the
49-27    person to judicial review of the order.
 50-1          Sec. 501.107.  OPTIONS FOLLOWING DECISION: PAY OR APPEAL.
 50-2    Within 30 days after the date an order of the commissioner of
 50-3    public health under Section 501.106 that imposes an administrative
 50-4    penalty becomes final, the person shall:
 50-5                (1)  pay the penalty; or
 50-6                (2)  file a petition for judicial review of the
 50-7    commissioner's order contesting the occurrence of the violation,
 50-8    the amount of the penalty, or both.
 50-9          Sec. 501.108.  STAY OF ENFORCEMENT OF PENALTY.  (a)  Within
50-10    the 30-day period prescribed by Section 501.107, a person who files
50-11    a petition for judicial review may:
50-12                (1)  stay enforcement of the penalty by:
50-13                      (A)  paying the penalty to the court for
50-14    placement in an escrow account; or
50-15                      (B)  giving the court a supersedeas bond approved
50-16    by the court that:
50-17                            (i)  is for the amount of the penalty; and
50-18                            (ii)  is effective until all judicial
50-19    review of the commissioner's order is final; or
50-20                (2)  request the court to stay enforcement of the
50-21    penalty by:
50-22                      (A)  filing with the court a sworn affidavit of
50-23    the person stating that the person is financially unable to pay the
50-24    penalty and is financially unable to give the supersedeas bond; and
50-25                      (B)  giving a copy of the affidavit to the
50-26    commissioner of public health by certified mail.
50-27          (b)  If the commissioner of public health receives a copy of
 51-1    an affidavit under Subsection (a)(2), the commissioner may file
 51-2    with the court, within five days after the date the copy is
 51-3    received, a contest to the affidavit.  The court shall hold a
 51-4    hearing on the facts alleged in the affidavit as soon as
 51-5    practicable and shall stay the enforcement of the penalty on
 51-6    finding that the alleged facts are true.  The person who files an
 51-7    affidavit has the burden of proving that the person is financially
 51-8    unable to pay the penalty or to give a supersedeas bond.
 51-9          Sec. 501.109.  COLLECTION OF PENALTY.  (a)  If the person
51-10    does not pay the penalty and the enforcement of the penalty is not
51-11    stayed, the penalty may be collected.
51-12          (b)  The attorney general may sue to collect the penalty.
51-13          Sec. 501.110.  DECISION BY COURT.  (a)  If the court sustains
51-14    the finding that a violation occurred, the court may uphold or
51-15    reduce the amount of the penalty and order the person to pay the
51-16    full or reduced amount of the penalty.
51-17          (b)  If the court does not sustain the finding that a
51-18    violation occurred, the court shall order that a penalty is not
51-19    owed.
51-20          Sec. 501.111.  REMITTANCE OF PENALTY AND INTEREST.  (a)  If
51-21    the person paid the penalty and if the amount of the penalty is
51-22    reduced or the penalty is not upheld by the court, the court shall
51-23    order, when the court's judgment becomes final, that the
51-24    appropriate amount plus accrued interest be remitted to the person
51-25    within 30 days after the date that the judgment of the court
51-26    becomes final.
51-27          (b)  The interest accrues at the rate charged on loans to
 52-1    depository institutions by the New York Federal Reserve Bank.
 52-2          (c)  The interest shall be paid for the period beginning on
 52-3    the date the penalty is paid and ending on the date the penalty is
 52-4    remitted.
 52-5          Sec. 501.112.  RELEASE OF BOND.  (a)  If the person gave a
 52-6    supersedeas bond and the penalty is not upheld by the court, the
 52-7    court shall order, when the court's judgment becomes final, the
 52-8    release of the bond.
 52-9          (b)  If the person gave a supersedeas bond and the amount of
52-10    the penalty is reduced, the court shall order the release of the
52-11    bond after the person pays the reduced amount.
52-12          Sec. 501.113.  ADMINISTRATIVE PROCEDURE.  A proceeding to
52-13    impose the penalty is considered to be a contested case under
52-14    Chapter 2001, Government Code.
52-15      ARTICLE 8.  FEES FOR PRIVATE MENTAL HOSPITALS AND CERTAIN OTHER
52-16                         MENTAL HEALTH FACILITIES
52-17          SECTION 8.01.  Section 577.006, Health and Safety Code, is
52-18    amended to read as follows:
52-19          Sec. 577.006.  FEES.  (a)  The department shall charge each
52-20    hospital an annual license fee for an initial license or a license
52-21    renewal [board by rule shall adopt:]
52-22                [(1)  an application fee;]
52-23                [(2)  a license fee;]
52-24                [(3)  a fee schedule for reviewing the plan of the
52-25    hospital or facility premises; and]
52-26                [(4)  a fee schedule for field surveys of construction
52-27    plans].
 53-1          (b)  The board by rule shall adopt the fees authorized by
 53-2    Subsection (a)  according to a schedule under which the number of
 53-3    beds in the hospital determines the amount of the fee.  The fee may
 53-4    not exceed $15 a bed.  A minimum license fee may be established.
 53-5    The minimum fee may not exceed $1,000 [department may establish
 53-6    staggered license renewal dates  and dates on which fees are due].
 53-7          (c)  The board by rule shall adopt fees for hospital plan
 53-8    reviews according to a schedule under which the amounts of the fees
 53-9    are based on the estimated construction costs.  [A fee adopted
53-10    under this chapter must be based on the estimated cost to and the
53-11    level of effort expended by the department to conduct the activity
53-12    for which the fee is imposed.]
53-13          (d)  The fees imposed under the schedule may not exceed the
53-14    following:
53-15               Cost of Construction                Fee
53-16          (1)  $   100,000 or less                $  500
53-17          (2)  $   100,001 - $   600,000          $1,500
53-18          (3)  $   600,001 - $ 2,000,000          $3,000
53-19          (4)  $ 2,000,001 - $ 5,000,000          $4,500
53-20          (5)  $ 5,000,001 - $10,000,000          $6,000
53-21          (6)  $10,000,001 and over               $7,500
53-22    [The fees should be designed to recover all of the department's
53-23    cost in granting the initial license and in renewing the license,
53-24    but may not exceed $250.]
53-25          (e)  The department shall charge a fee for field surveys of
53-26    construction plans reviewed under this section.  The board by rule
53-27    shall adopt a fee schedule for the surveys that provides a minimum
 54-1    fee of $500 and a maximum fee of $1,000 for each survey conducted
 54-2    [fee for a plan review or field survey may not exceed $650].
 54-3          (f)  The department annually shall review the fee schedules
 54-4    to ensure that the fees charged are based on the estimated costs to
 54-5    and level of effort expended by the department.
 54-6          (g)  The department may establish staggered license renewal
 54-7    dates and dates on which fees are due.
 54-8          (h)  A fee adopted under this chapter must be based on the
 54-9    estimated cost to and level of effort expended by the department to
54-10    conduct the activity for which the fee is imposed.
54-11          (i)  All license fees collected shall be deposited in the
54-12    state treasury to the credit of the department to administer and
54-13    enforce this chapter.  These fees may be appropriated only to the
54-14    department.  [Fees collected under this chapter shall be deposited
54-15    in the state treasury in a separate fund and may be appropriated
54-16    for salaries, maintenance, travel expenses, repairs, printing,
54-17    postage, and other uses and purposes prescribed by this subtitle.]
54-18      ARTICLE 9.  STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE
54-19                         RADIATION ADVISORY BOARD
54-20          SECTION 9.01.  Section 401.015, Health and Safety Code, is
54-21    amended by adding Subsections (d), (e), and (f) to read as follows:
54-22          (d)  In this subsection, "Texas trade association" means a
54-23    cooperative and voluntarily joined association of business or
54-24    professional competitors in this state designed to assist its
54-25    members and its industry or profession in dealing with mutual
54-26    business or professional problems and in promoting their common
54-27    interest. A person may not be a member of the advisory board if:
 55-1                (1)  the person is an officer, employee, or paid
 55-2    consultant of a Texas trade association in the field of health
 55-3    physics or radiological health; or
 55-4                (2)  the person's spouse is an officer, manager, or
 55-5    paid consultant of a Texas trade association in the field of health
 55-6    physics or radiological health.
 55-7          (e)  A person may not be a member of the advisory board or
 55-8    act as the general counsel to the advisory board if the person is
 55-9    required to register as a lobbyist under Chapter 305, Government
55-10    Code, because of the person's activities for compensation on behalf
55-11    of a profession related to the operation of the advisory board.
55-12          (f)  Appointments to the advisory board shall be made without
55-13    regard to the race, color, disability, sex, religion, age, or
55-14    national origin of the appointees.
55-15          SECTION 9.02.  Subchapter B, Chapter 401, Health and Safety
55-16    Code, is amended by adding Sections 401.0151 through 401.0153 to
55-17    read as follows:
55-18          Sec. 401.0151.  TRAINING FOR ADVISORY BOARD MEMBERS.  (a)  A
55-19    person who is appointed to and qualifies for office as a member of
55-20    the advisory board may not vote, deliberate, or be counted as a
55-21    member in attendance at a meeting of the advisory board until the
55-22    person completes a training program that complies with this
55-23    section.
55-24          (b)  The training program must provide the person with
55-25    information regarding:
55-26                (1)  the legislation that created the advisory board;
55-27                (2)  the role and functions of the advisory board;
 56-1                (3)  the rules of the advisory board and applicable
 56-2    rules of the department, with an emphasis on the rules that relate
 56-3    to disciplinary and investigatory authority;
 56-4                (4)  the requirements of:
 56-5                      (A)  the open meetings law, Chapter 551,
 56-6    Government Code;
 56-7                      (B)  the public information law, Chapter 552,
 56-8    Government Code;
 56-9                      (C)  the administrative procedure law, Chapter
56-10    2001, Government Code; and
56-11                      (D)  other laws relating to public officials,
56-12    including conflict-of-interest laws; and
56-13                (5)  any applicable ethics policies adopted by the
56-14    advisory board or the Texas Ethics Commission.
56-15          (c)  A person appointed to the advisory board is entitled to
56-16    reimbursement, as provided by the General Appropriations Act, for
56-17    the travel expenses incurred in attending the training program
56-18    regardless of whether the attendance at the program occurs before
56-19    or after the person qualifies for office.
56-20          Sec. 401.0152.  INFORMATION ABOUT STANDARDS OF CONDUCT.  The
56-21    commissioner or the commissioner's designee shall provide to
56-22    members of the advisory board, as often as necessary, information
56-23    regarding the requirements for office under this subchapter,
56-24    including information regarding a person's responsibilities under
56-25    applicable laws relating to standards of conduct for state
56-26    officers.
56-27          Sec. 401.0153.  GROUNDS FOR REMOVAL.  (a)  It is a ground for
 57-1    removal from the advisory board that a member:
 57-2                (1)  does not have at the time of taking office the
 57-3    qualifications required by Section 401.015(a);
 57-4                (2)  does not maintain during service on the advisory
 57-5    board the qualifications required by Section 401.015(a);
 57-6                (3)  is ineligible for membership under Section
 57-7    401.015(c), (d), or (e);
 57-8                (4)  cannot, because of illness or disability,
 57-9    discharge the member's duties for a substantial part of the
57-10    member's term; or
57-11                (5)  is absent from more than half of the regularly
57-12    scheduled advisory board meetings that the member is eligible to
57-13    attend during a calendar year without an excuse approved by  a
57-14    majority vote of the advisory board.
57-15          (b)  The validity of an action of the advisory board is not
57-16    affected by the fact that it is taken when a ground for removal of
57-17    an advisory board member exists.
57-18          (c)  If the commissioner has knowledge that a potential
57-19    ground for removal exists, the commissioner shall notify the
57-20    advisory board chairman  of the potential ground.  The advisory
57-21    board chairman shall then notify the governor and the attorney
57-22    general that a potential ground for removal exists.  If the
57-23    potential ground for removal involves the advisory board chairman,
57-24    the commissioner shall notify the next highest ranking officer of
57-25    the advisory board, who shall then notify the governor and the
57-26    attorney general that a potential ground for removal exists.
57-27          SECTION 9.03.  Section 401.016, Health and Safety Code, is
 58-1    amended to read as follows:
 58-2          Sec. 401.016.  OFFICERS.  (a)  The governor shall designate a
 58-3    member of the advisory board as the advisory board chairman to
 58-4    serve in that capacity at the will of the governor.
 58-5          (b)  The advisory board shall elect from its members a
 58-6    [chairman,] vice-chairman[,] and secretary.
 58-7          SECTION 9.04.  Subchapter B, Chapter 401, Health and Safety
 58-8    Code, is amended by adding Section 401.0181 to read as follows:
 58-9          Sec. 401.0181.  PUBLIC TESTIMONY.  The advisory board shall
58-10    develop and implement policies that provide the public with a
58-11    reasonable opportunity to appear before the advisory board and to
58-12    speak on any issue under the jurisdiction of the advisory board.
58-13          SECTION 9.05.  The changes in law made by this Act in the
58-14    prohibitions applying to members of the radiation advisory board do
58-15    not affect the entitlement of a member serving on the board
58-16    immediately before September 1, 1999, to continue to serve and
58-17    function as a member of the board for the remainder of the member's
58-18    term.  The changes in law apply only to a member appointed on or
58-19    after September 1, 1999.  The changes in law made by this Act do
58-20    not prohibit a person who is a member of the board immediately
58-21    before September 1, 1999, from being reappointed to the board if
58-22    the person is eligible to serve as a member under Chapter 401,
58-23    Health and Safety Code, as amended by this Act.
58-24     ARTICLE 10.  STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE
58-25                      COUNCIL ON ALZHEIMER'S DISEASE
58-26          SECTION 10.01.  Section 101.002, Health and Safety Code, is
58-27    amended by amending Subsection (c) and adding Subsection (d) to
 59-1    read as follows:
 59-2          (c)  The governor shall designate a member [members] of the
 59-3    council who is not [shall annually elect a chairman from the
 59-4    council, except that] an agency representative as the chairman of
 59-5    the council to serve in that capacity at the will of the governor
 59-6    [may not serve as the chairman].
 59-7          (d)  Appointments to the council shall be made without regard
 59-8    to the race, color, disability, sex, religion, age, or national
 59-9    origin of the appointees.
59-10          SECTION 10.02.  Chapter 101, Health and Safety Code, is
59-11    amended by adding Sections 101.0021 through 101.0023 to read as
59-12    follows:
59-13          Sec. 101.0021.  CONFLICT OF INTEREST.  (a)  In this section,
59-14    "Texas trade association" means a cooperative and voluntarily
59-15    joined association of business or professional competitors in this
59-16    state designed to assist its members and its industry or profession
59-17    in dealing with mutual business or professional problems and in
59-18    promoting their common interest.
59-19          (b)  A person may not be a member of the council if:
59-20                (1)  the person is an officer, employee, or paid
59-21    consultant of a Texas trade association in the field of medicine;
59-22    or
59-23                (2)  the person's spouse is an officer, manager, or
59-24    paid consultant of a Texas trade association in the field of
59-25    medicine.
59-26          (c)  A person may not be a member of the council if the
59-27    person is required to register as a lobbyist under Chapter 305,
 60-1    Government Code, because of the person's activities for
 60-2    compensation on behalf of a profession related to the operation of
 60-3    the council.
 60-4          Sec. 101.0022.  GROUNDS FOR REMOVAL.  (a)  It is a ground for
 60-5    removal from the council that a member:
 60-6                (1)  does not have at the time of taking office the
 60-7    qualifications required by Section 101.002(a);
 60-8                (2)  does not maintain during service on the council
 60-9    the qualifications required by Section 101.002(a);
60-10                (3)  is ineligible for membership under Section
60-11    101.0021;
60-12                (4)  cannot, because of illness or disability,
60-13    discharge the member's duties for a substantial part of the
60-14    member's term; or
60-15                (5)  is absent from more than half of the regularly
60-16    scheduled council meetings that the member is eligible to attend
60-17    during a calendar year without an excuse approved by  a majority
60-18    vote of the council.
60-19          (b)  The validity of an action of the council is not affected
60-20    by the fact that it is taken when a ground for removal of a council
60-21    member exists.
60-22          (c)  If the commissioner has knowledge that a potential
60-23    ground for removal exists, the commissioner shall notify the
60-24    chairman of the council of the potential ground.  The chairman
60-25    shall then notify the governor and the attorney general that a
60-26    potential ground for removal exists.  If the potential ground for
60-27    removal involves the chairman, the commissioner shall notify the
 61-1    next highest ranking officer of the council, who shall then notify
 61-2    the governor and the attorney general that a potential ground for
 61-3    removal exists.
 61-4          Sec. 101.0023.  TRAINING.  (a)  A person who is appointed to
 61-5    and qualifies for office as a member of the council may not vote,
 61-6    deliberate, or be counted as a member in attendance at a meeting of
 61-7    the council until the person completes a training program that
 61-8    complies with this section.
 61-9          (b)  The training program must provide the person with
61-10    information regarding:
61-11                (1)  the legislation that created the council;
61-12                (2)  the programs operated by the council;
61-13                (3)  the role and functions of the council;
61-14                (4)  the rules of the council;
61-15                (5)  the current budget for the council;
61-16                (6)  the results of the most recent formal audit of the
61-17    council;
61-18                (7)  the requirements of:
61-19                      (A)  the open meetings law, Chapter 551,
61-20    Government Code;
61-21                      (B)  the public information law, Chapter 552,
61-22    Government Code;
61-23                      (C)  the administrative procedure law, Chapter
61-24    2001, Government Code; and
61-25                      (D)  other laws relating to public officials,
61-26    including conflict-of-interest laws; and
61-27                (8)  any applicable ethics policies adopted by the
 62-1    council or the Texas Ethics Commission.
 62-2          (c)  A person appointed to the council is entitled to
 62-3    reimbursement, as provided by the General Appropriations Act, for
 62-4    the travel expenses incurred in attending the training program
 62-5    regardless of whether the attendance at the program occurs before
 62-6    or after the person qualifies for office.
 62-7          SECTION 10.03.  Chapter 101, Health and Safety Code, is
 62-8    amended by adding Section 101.0065 to read as follows:
 62-9          Sec. 101.0065.  PUBLIC TESTIMONY.  The council shall develop
62-10    and implement policies that provide the public with a reasonable
62-11    opportunity to appear before the council and to speak on any issue
62-12    under the jurisdiction of the council.
62-13          SECTION 10.04.  Chapter 101, Health and Safety Code, is
62-14    amended by adding Section 101.0075 to read as follows:
62-15          Sec. 101.0075.  DIVISION OF POLICY AND MANAGEMENT
62-16    RESPONSIBILITIES.  The council shall develop and implement policies
62-17    that clearly separate the policymaking responsibilities of the
62-18    council and the management responsibilities of the commissioner and
62-19    the staff of the department.
62-20          SECTION 10.05.  Chapter 101, Health and Safety Code, is
62-21    amended by adding Section 101.0081 to read as follows:
62-22          Sec. 101.0081.  INFORMATION ABOUT STANDARDS OF CONDUCT.  The
62-23    commissioner or the commissioner's designee shall provide to
62-24    members of the council, as often as necessary, information
62-25    regarding the requirements for office under this chapter, including
62-26    information regarding a person's responsibilities under applicable
62-27    laws relating to standards of conduct for state officers.
 63-1          SECTION 10.06.  The changes in law made by this Act in the
 63-2    prohibitions applying to members of the Texas Council on
 63-3    Alzheimer's Disease and Related Disorders do not affect the
 63-4    entitlement of a member serving on the council immediately before
 63-5    September 1, 1999, to continue to serve and function as a member of
 63-6    the council for the remainder of the member's term.  The changes in
 63-7    law apply only to a member appointed on or after September 1, 1999.
 63-8    The changes in law made by this Act do not prohibit a person who is
 63-9    a member of the council immediately before September 1, 1999, from
63-10    being reappointed to the council if the person is eligible to serve
63-11    as a member under Chapter 101, Health and Safety Code, as amended
63-12    by this Act.
63-13         ARTICLE 11.  STANDARD SUNSET REVIEW PROVISIONS APPLICABLE
63-14               TO THE STATEWIDE HEALTH COORDINATING COUNCIL
63-15          SECTION 11.01.  Section 104.011, Health and Safety Code, is
63-16    amended by adding Subsections (c) and (d) to read as follows:
63-17          (c)  The governor shall designate a member of the council as
63-18    the presiding officer of the council to serve in that capacity at
63-19    the will of the governor.
63-20          (d)  Appointments to the council shall be made without regard
63-21    to the race, color, disability, sex, religion, age, or national
63-22    origin of the appointees.
63-23          SECTION 11.02.  Subchapter B, Chapter 104, Health and Safety
63-24    Code, is amended by adding Sections 104.0111 through 104.0113 to
63-25    read as follows:
63-26          Sec. 104.0111.  CONFLICT OF INTEREST.  (a)  In this section,
63-27    "Texas trade association" means a cooperative and voluntarily
 64-1    joined association of business or professional competitors in this
 64-2    state designed to assist its members and its industry or profession
 64-3    in dealing with mutual business or professional problems and in
 64-4    promoting their common interest.
 64-5          (b)  A person may not be a member of the statewide health
 64-6    coordinating council if:
 64-7                (1)  the person is an officer, employee, or paid
 64-8    consultant of a Texas trade association in the field of medicine;
 64-9    or
64-10                (2)  the person's spouse is an officer, manager, or
64-11    paid consultant of a Texas trade association in the field of
64-12    medicine.
64-13          (c)  A person may not be a member of the council if the
64-14    person is required to register as a lobbyist under Chapter 305,
64-15    Government Code, because of the person's activities for
64-16    compensation on behalf of a profession related to the operation of
64-17    the council.
64-18          Sec. 104.0112.  GROUNDS FOR REMOVAL.  (a)  It is a ground for
64-19    removal from the statewide health coordinating council that a
64-20    member:
64-21                (1)  does not have at the time of taking office the
64-22    qualifications required by Section 104.011(a);
64-23                (2)  does not maintain during service on the council
64-24    the qualifications required by Section 104.011(a);
64-25                (3)  is ineligible for membership under Section
64-26    104.0111;
64-27                (4)  cannot, because of illness or disability,
 65-1    discharge the member's duties for a substantial part of the
 65-2    member's term; or
 65-3                (5)  is absent from more than half of the regularly
 65-4    scheduled council meetings that the member is eligible to attend
 65-5    during a calendar year without an excuse approved by  a majority
 65-6    vote of the council.
 65-7          (b)  The validity of an action of the council is not affected
 65-8    by the fact that it is taken when a ground for removal of a council
 65-9    member exists.
65-10          (c)  If the commissioner has knowledge that a potential
65-11    ground for removal exists, the commissioner shall notify the
65-12    presiding officer of the council of the potential ground.  The
65-13    presiding officer shall then notify the governor and the attorney
65-14    general that a potential ground for removal exists.  If the
65-15    potential ground for removal involves the presiding officer, the
65-16    commissioner shall notify the next highest ranking officer of the
65-17    council, who shall then notify the governor and the attorney
65-18    general that a potential ground for removal exists.
65-19          Sec. 104.0113.  TRAINING.  (a)  A person who is appointed to
65-20    and qualifies for office as a member of the statewide health
65-21    coordinating council may not vote, deliberate, or be counted as a
65-22    member in attendance at a meeting of the council until the person
65-23    completes a training program that complies with this section.
65-24          (b)  The training program must provide the person with
65-25    information regarding:
65-26                (1)  the legislation that created the council;
65-27                (2)  the programs operated by the council;
 66-1                (3)  the role and functions of the council;
 66-2                (4)  the rules of the council;
 66-3                (5)  the current budget for the council;
 66-4                (6)  the results of the most recent formal audit of the
 66-5    council;
 66-6                (7)  the requirements of:
 66-7                      (A)  the open meetings law, Chapter 551,
 66-8    Government Code;
 66-9                      (B)  the public information law, Chapter 552,
66-10    Government Code;
66-11                      (C)  the administrative procedure law, Chapter
66-12    2001, Government Code; and
66-13                      (D)  other laws relating to public officials,
66-14    including conflict-of-interest laws; and
66-15                (8)  any applicable ethics policies adopted by the
66-16    council or the Texas Ethics Commission.
66-17          (c)  A person appointed to the council is entitled to
66-18    reimbursement, as provided by the General Appropriations Act, for
66-19    the travel expenses incurred in attending the training program
66-20    regardless of whether the attendance at the program occurs before
66-21    or after the person qualifies for office.
66-22          SECTION 11.03.  Subchapter B, Chapter 104, Health and Safety
66-23    Code, is amended by adding Sections 104.0141 and 104.0142 to read
66-24    as follows:
66-25          Sec. 104.0141.  DIVISION OF POLICY AND MANAGEMENT
66-26    RESPONSIBILITIES.  The statewide health coordinating council shall
66-27    develop and implement policies that clearly separate the
 67-1    policymaking responsibilities of the council and the management
 67-2    responsibilities of the commissioner and the staff of the
 67-3    department.
 67-4          Sec. 104.0142.  INFORMATION ABOUT STANDARDS OF CONDUCT.  The
 67-5    commissioner or the commissioner's designee shall provide to
 67-6    members of the statewide health coordinating council, as often as
 67-7    necessary, information regarding the requirements for office under
 67-8    this chapter, including information regarding a person's
 67-9    responsibilities under applicable laws relating to standards of
67-10    conduct for state officers.
67-11          SECTION 11.04.  Subchapter B, Chapter 104, Health and Safety
67-12    Code, is amended by adding Section 104.016 to read as follows:
67-13          Sec. 104.016.  PUBLIC TESTIMONY.  The statewide health
67-14    coordinating council shall develop and implement policies that
67-15    provide the public with a reasonable opportunity to appear before
67-16    the council and to speak on any issue under the jurisdiction of the
67-17    council.
67-18          SECTION 11.05.  The changes in law made by this Act in the
67-19    prohibitions applying to members of the statewide health
67-20    coordinating council do not affect the entitlement of a member
67-21    serving on the council immediately before September 1, 1999, to
67-22    continue to serve and function as a member of the council for the
67-23    remainder of the member's term.  The changes in law apply only to a
67-24    member appointed on or after September 1, 1999. The changes in law
67-25    made by this Act do not prohibit a person who is a member of the
67-26    council immediately before September 1, 1999, from being
67-27    reappointed to the council if the person is eligible to serve as a
 68-1    member under Chapter 104, Health and Safety Code, as amended by
 68-2    this Act.
 68-3         ARTICLE 12.  STANDARD SUNSET REVIEW PROVISIONS APPLICABLE
 68-4                       TO THE TEXAS DIABETES COUNCIL
 68-5          SECTION 12.01.  Section 103.002(d), Health and Safety Code,
 68-6    is amended to read as follows:
 68-7          (d)  Appointments to the council shall be made without regard
 68-8    to the race, color, disability, creed, sex, religion, age, or
 68-9    national origin of the appointees.
68-10          SECTION 12.02.  Section 103.006, Health and Safety Code, is
68-11    amended to read as follows:
68-12          Sec. 103.006.  CHAIRMAN.  The governor shall designate a
68-13    member of the council as the [Council members shall annually elect
68-14    one citizen member to serve as] chairman of the council to serve in
68-15    that capacity at the will of the governor.
68-16          SECTION 12.03.  Chapter 103, Health and Safety Code, is
68-17    amended by adding Sections 103.0024 and 103.0025 to read as
68-18    follows:
68-19          Sec. 103.0024.  TRAINING.  (a)  A person who is appointed to
68-20    and qualifies for office as a member of the council may not vote,
68-21    deliberate, or be counted as a member in attendance at a meeting of
68-22    the council until the person completes a training program that
68-23    complies with this section.
68-24          (b)  The training program must provide the person with
68-25    information regarding:
68-26                (1)  the legislation that created the council;
68-27                (2)  the programs operated by the council;
 69-1                (3)  the role and functions of the council;
 69-2                (4)  the rules of the council;
 69-3                (5)  the current budget for the council;
 69-4                (6)  the results of the most recent formal audit of the
 69-5    council;
 69-6                (7)  the requirements of:
 69-7                      (A)  the open meetings law, Chapter 551,
 69-8    Government Code;
 69-9                      (B)  the public information law, Chapter 552,
69-10    Government Code;
69-11                      (C)  the administrative procedure law, Chapter
69-12    2001, Government Code; and
69-13                      (D)  other laws relating to public officials,
69-14    including conflict-of-interest laws; and
69-15                (8)  any applicable ethics policies adopted by the
69-16    council or the Texas Ethics Commission.
69-17          (c)  A person appointed to the council is entitled to
69-18    reimbursement, as provided by the General Appropriations Act, for
69-19    the travel expenses incurred in attending the training program
69-20    regardless of whether the attendance at the program occurs before
69-21    or after the person qualifies for office.
69-22          Sec. 103.0025.  INFORMATION ABOUT STANDARDS OF CONDUCT.  The
69-23    commissioner or the commissioner's designee shall provide to
69-24    members of the council, as often as necessary, information
69-25    regarding the requirements for office under this chapter, including
69-26    information regarding a person's responsibilities under applicable
69-27    laws relating to standards of conduct for state officers.
 70-1          SECTION 12.04.  Chapter 103, Health and Safety Code, is
 70-2    amended by adding Section 103.0105 to read as follows:
 70-3          Sec. 103.0105.  DIVISION OF POLICY AND MANAGEMENT
 70-4    RESPONSIBILITIES.  The council shall develop and implement policies
 70-5    that clearly separate the policymaking responsibilities of the
 70-6    council and the management responsibilities of the commissioner and
 70-7    the staff of the department.
 70-8          SECTION 12.05.  The changes in law made by this Act in the
 70-9    prohibitions applying to members of the Texas Diabetes Council do
70-10    not affect the entitlement of a member serving on the council
70-11    immediately before September 1, 1999, to continue to serve and
70-12    function as a member of the council for the remainder of the
70-13    member's term.  The changes in law apply only to a member appointed
70-14    on or after September 1, 1999.
70-15         ARTICLE 13.  STANDARD SUNSET REVIEW PROVISIONS APPLICABLE
70-16                TO THE ADVISORY BOARD OF ATHLETIC TRAINERS
70-17          SECTION 13.01.  Section 2, Chapter 498, Acts of the 62nd
70-18    Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
70-19    Civil Statutes), is amended by amending Subsections (a) and (b) and
70-20    adding Subsection (e) to read as follows:
70-21          (a)  The Advisory Board of Athletic Trainers, composed of six
70-22    members, is created.  The board is created as a part of the Texas
70-23    [State] Department of Health and shall perform its duties as a
70-24    board within the Texas [State] Department of Health. To qualify as
70-25    a member, a person must be a citizen of the United States and a
70-26    resident of Texas for five years immediately preceding appointment.
70-27    Four members [Members] must be licensed athletic trainers.  Two
 71-1    members must be representatives of the general public.  A person
 71-2    may not be a public member of the board if the person or the
 71-3    person's spouse:
 71-4                (1)  is registered, certified, or licensed by a
 71-5    regulatory agency in the field of athletic training;
 71-6                (2)  is employed by or participates in the management
 71-7    of a business entity or other organization regulated by or
 71-8    receiving money from the board;
 71-9                (3)  owns or controls, directly or indirectly, more
71-10    than a 10 percent interest in a business entity or other
71-11    organization regulated by or receiving money from the board; or
71-12                (4)  uses or receives a substantial amount of tangible
71-13    goods, services, or money from the board other than compensation or
71-14    reimbursement authorized by law for board membership, attendance,
71-15    or expenses.
71-16          (b)  The members of the board shall be appointed by the
71-17    governor with the advice and consent of the Senate.  Members
71-18    [Except for the initial appointees, members] hold office for terms
71-19    of six years.  The terms of two members expire on January 31 of
71-20    each odd-numbered year [years].
71-21          (e)  Appointments to the board shall be made without regard
71-22    to the race, color, disability, sex, religion, age, or national
71-23    origin of the appointees.
71-24          SECTION 13.02.  Chapter 498, Acts of the 62nd Legislature,
71-25    Regular Session, 1971 (Article 4512d, Vernon's Texas Civil
71-26    Statutes), is amended by adding Sections 2B, 2C, 2D, 2E, and 2F to
71-27    read as follows:
 72-1          Sec. 2B.  CONFLICT OF INTEREST.  (a)  In this section, "Texas
 72-2    trade association" means a cooperative and voluntarily joined
 72-3    association of business or professional competitors in this state
 72-4    designed to assist its members and its industry or profession in
 72-5    dealing with mutual business or professional problems and in
 72-6    promoting their common interest.
 72-7          (b)  A person may not be a member of the board if:
 72-8                (1)  the person is an officer, employee, or paid
 72-9    consultant of a Texas trade association in the field of athletic
72-10    training; or
72-11                (2)  the person's spouse is an officer, manager, or
72-12    paid consultant of a Texas trade association in the field of
72-13    athletic training.
72-14          (c)  A person may not be a member of the board if the person
72-15    is required to register as a lobbyist under Chapter 305, Government
72-16    Code, because of the person's activities for compensation on behalf
72-17    of a profession related to the operation of the board.
72-18          Sec. 2C.  GROUNDS FOR REMOVAL.  (a)  It is a ground for
72-19    removal from the board that a member:
72-20                (1)  does not have at the time of taking office the
72-21    qualifications required by Subsection (a) of Section 2 of this Act;
72-22                (2)  does not maintain during service on the board the
72-23    qualifications required by Subsection (a) of Section 2 of this Act;
72-24                (3)  is ineligible for membership under Section 2B of
72-25    this Act;
72-26                (4)  cannot, because of illness or disability,
72-27    discharge the member's duties for a substantial part of the
 73-1    member's term; or
 73-2                (5)  is absent from more than half of the regularly
 73-3    scheduled board meetings that the member is eligible to attend
 73-4    during a calendar year  without an excuse approved by  a majority
 73-5    vote of the board.
 73-6          (b)  The validity of an action of the board is not affected
 73-7    by the fact that it is taken when a ground for removal of a board
 73-8    member exists.
 73-9          (c)  If the commissioner of public health has knowledge that
73-10    a potential ground for removal exists, the commissioner shall
73-11    notify the chairman of the board of the potential ground.  The
73-12    chairman shall then notify the governor and the attorney general
73-13    that a potential ground for removal exists.  If the potential
73-14    ground for removal involves the chairman, the commissioner shall
73-15    notify the next highest ranking officer of the board, who shall
73-16    then notify the governor and the attorney general that a potential
73-17    ground for removal exists.
73-18          Sec. 2D.  TRAINING.  (a)  A person who is appointed to and
73-19    qualifies for office as a member of the board may not vote,
73-20    deliberate, or be counted as a member in attendance at a meeting of
73-21    the board until the person completes a training program that
73-22    complies with this section.
73-23          (b)  The training program must provide the person with
73-24    information regarding:
73-25                (1)  the legislation that created the board;
73-26                (2)  the programs operated by the board;
73-27                (3)  the role and functions of the board;
 74-1                (4)  the rules of the board, with an emphasis on the
 74-2    rules that relate to disciplinary and investigatory authority;
 74-3                (5)  the current budget for the board;
 74-4                (6)  the results of the most recent formal audit of the
 74-5    board;
 74-6                (7)  the requirements of:
 74-7                      (A)  the open meetings law, Chapter 551,
 74-8    Government Code;
 74-9                      (B)  the public information law, Chapter 552,
74-10    Government Code;
74-11                      (C)  the administrative procedure law, Chapter
74-12    2001, Government Code; and
74-13                      (D)  other laws relating to public officials,
74-14    including conflict-of-interest laws; and
74-15                (8)  any applicable ethics policies adopted by the
74-16    board or the Texas Ethics Commission.
74-17          (c)  A person appointed to the board is entitled to
74-18    reimbursement, as provided by the General Appropriations Act, for
74-19    the travel expenses incurred in attending the training program
74-20    regardless of whether the attendance at the program occurs before
74-21    or after the person qualifies for office.
74-22          Sec. 2E.  INFORMATION ABOUT STANDARDS OF CONDUCT.  The
74-23    commissioner of public health or the commissioner's designee shall
74-24    provide to members of the board, as often as necessary, information
74-25    regarding the requirements for office under this Act, including
74-26    information regarding a person's responsibilities under applicable
74-27    laws relating to standards of conduct for state officers.
 75-1          Sec. 2F.  DIVISION OF POLICY AND MANAGEMENT RESPONSIBILITIES.
 75-2    The board shall develop and implement policies that clearly
 75-3    separate the policymaking responsibilities of the board and the
 75-4    management responsibilities of the commissioner of public health
 75-5    and the staff of the Texas Department of Health.
 75-6          SECTION 13.03.  Section 3, Chapter 498, Acts of the 62nd
 75-7    Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
 75-8    Civil Statutes), is amended by amending Subsection (a) and adding
 75-9    Subsection (d) to read as follows:
75-10          (a)  The governor shall designate a member of the board as
75-11    the chairman of the board to serve in that capacity at the will of
75-12    the governor.  The board shall elect from its members for a term of
75-13    one year[,] a [chairman,] vice chairman[,] and secretary-treasurer,
75-14    and may appoint such committees as it considers necessary to carry
75-15    out its duties.
75-16          (d)  The board shall develop and implement policies that
75-17    provide the public with a reasonable opportunity to appear before
75-18    the board and to speak on any issue under the jurisdiction of the
75-19    board.
75-20          SECTION 13.04.  Chapter 498, Acts of the 62nd Legislature,
75-21    Regular Session, 1971 (Article 4512d, Vernon's Texas Civil
75-22    Statutes), is amended by adding Section 4A to read as follows:
75-23          Sec. 4A.  COMPLAINTS.  (a)  The board shall maintain a file
75-24    on each written complaint filed with the board.  The file must
75-25    include:
75-26                (1)  the name of the person who filed the complaint;
75-27                (2)  the date the complaint is received by the board;
 76-1                (3)  the subject matter of the complaint;
 76-2                (4)  the name of each person contacted in relation to
 76-3    the complaint;
 76-4                (5)  a summary of the results of the review or
 76-5    investigation of the complaint; and
 76-6                (6)  an explanation of the reason the file was closed,
 76-7    if the board closed the file without taking action other than to
 76-8    investigate the complaint.
 76-9          (b)  The board shall provide to the person filing the
76-10    complaint and to each person who is a subject of the complaint a
76-11    copy of the board's policies and procedures relating to complaint
76-12    investigation and resolution.
76-13          (c)  The board, at least quarterly until final disposition of
76-14    the complaint, shall notify the person filing the complaint and
76-15    each person who is a subject of the complaint of the status of the
76-16    investigation unless the notice would jeopardize an undercover
76-17    investigation.
76-18          SECTION 13.05.  Section 5, Chapter 498, Acts of the 62nd
76-19    Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
76-20    Civil Statutes), is amended by amending  Subsection (c) and adding
76-21    Subsection (j) to read as follows:
76-22          (c)  The board shall [establish guidelines, which may include
76-23    requirements for continuing education, for athletic trainers in the
76-24    state and] prepare and conduct an examination for applicants for a
76-25    license.
76-26          (j)  The board shall recognize, prepare, or administer
76-27    continuing education programs for its license holders.  A license
 77-1    holder must participate in the programs to the extent required by
 77-2    the board to keep the person's license.
 77-3          SECTION 13.06.  Chapter 498, Acts of the 62nd Legislature,
 77-4    Regular Session, 1971 (Article 4512d, Vernon's Texas Civil
 77-5    Statutes), is amended by adding Section 5A to read as follows:
 77-6          Sec. 5A.  RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING.
 77-7    (a)  The board may not adopt rules restricting advertising or
 77-8    competitive bidding  by a license holder except to prohibit false,
 77-9    misleading, or deceptive practices.
77-10          (b)  In its rules to prohibit false, misleading, or deceptive
77-11    practices, the board may not include a rule that:
77-12                (1)  restricts the use of any medium for advertising;
77-13                (2)  restricts the use of a license holder's personal
77-14    appearance or voice in an advertisement;
77-15                (3)  relates to the size or duration of an
77-16    advertisement by the license holder; or
77-17                (4)  restricts the license holder's advertisement under
77-18    a trade name.
77-19          SECTION 13.07.  Section 11, Chapter 498, Acts of the 62nd
77-20    Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
77-21    Civil Statutes), is amended by amending Subsections (b)-(e) to read
77-22    as follows:
77-23          (b)  A person who is otherwise eligible to renew a license
77-24    may renew an unexpired license by paying to the board before the
77-25    expiration date of the license the required renewal fee.  A person
77-26    whose license has expired may not engage in activities that require
77-27    a license until the license has been renewed.
 78-1          (c)  If a person's license has been expired for not longer
 78-2    than 90 days, the person may renew the license by paying to the
 78-3    board a renewal fee that is 1-1/2 times the normally required
 78-4    renewal fee [and a fee that is one-half of the examination fee for
 78-5    the license].
 78-6          (d)  If a person's license has been expired for longer than
 78-7    90 days but less than one year [two years], the person may renew
 78-8    the license by paying to the board [all unpaid renewal fees and] a
 78-9    renewal fee that is equal to two times the normally required
78-10    renewal [the examination] fee for the license.
78-11          (e)  If a person's license has been expired for one year [two
78-12    years] or longer, the person may not renew the license.  The person
78-13    may obtain a new license by submitting to reexamination and
78-14    complying with the requirements and procedures for obtaining an
78-15    original license.  However, the board may renew without
78-16    reexamination an expired license of a person who was licensed in
78-17    Texas, moved to another state, and is currently licensed and has
78-18    been in practice in the other state for the two years preceding the
78-19    date of application.  The person must pay to the board a fee that
78-20    is equal to two times the normally required renewal [the
78-21    examination] fee for the license.
78-22          SECTION 13.08.  Section 12, Chapter 498, Acts of the 62nd
78-23    Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
78-24    Civil Statutes), is amended to read as follows:
78-25          Sec. 12.  GROUNDS FOR DENIAL, SUSPENSION, OR REVOCATION OF
78-26    LICENSE.  (a)  The board may refuse to issue a license to an
78-27    applicant and shall reprimand a licensee or [may] suspend, [or]
 79-1    revoke, or refuse to renew the license of any licensee if he has:
 79-2                (1)  been convicted of a felony or misdemeanor
 79-3    involving moral turpitude, the record of conviction being
 79-4    conclusive evidence of conviction; [or]
 79-5                (2)  secured the license by fraud or deceit; or
 79-6                (3)  violated or conspired to violate the provisions of
 79-7    this Act or rules and regulations issued pursuant to this Act.
 79-8          (b)  The board may place on probation a person whose license
 79-9    is suspended.  If a suspension is probated, the board may require
79-10    the person:
79-11                (1)  to report regularly to the board on matters that
79-12    are the basis of the probation;
79-13                (2)  to limit practice to the areas prescribed by the
79-14    board; or
79-15                (3)  to continue or review professional education until
79-16    the person attains a degree of skill satisfactory to the board in
79-17    those areas that are the basis of the probation.
79-18          SECTION 13.09.  Chapter 498, Acts of the 62nd Legislature,
79-19    Regular Session, 1971 (Article 4512d, Vernon's Texas Civil
79-20    Statutes), is amended by adding Sections 15A and 15B to read as
79-21    follows:
79-22          Sec. 15A.  IMPOSITION OF ADMINISTRATIVE PENALTY.  (a)  The
79-23    board may impose an administrative penalty on a person licensed
79-24    under this Act who violates this Act or a rule or order adopted
79-25    under this Act. A penalty collected under this section or Section
79-26    15B of this Act shall be deposited in the state treasury in the
79-27    general revenue fund.
 80-1          (b)  A proceeding to impose the penalty is considered to be a
 80-2    contested case under Chapter 2001, Government Code.
 80-3          (c)  The amount of the penalty may not exceed $500 for each
 80-4    violation, and each day a violation continues or occurs is a
 80-5    separate violation for purposes of imposing a penalty.  The total
 80-6    amount of the penalty assessed for a violation continuing or
 80-7    occurring on separate days under this subsection may not exceed
 80-8    $2,500.
 80-9          (d)  The amount shall be based on:
80-10                (1)  the seriousness of the violation, including the
80-11    nature, circumstances, extent, and gravity of the violation;
80-12                (2)  the threat to health or safety caused by the
80-13    violation;
80-14                (3)  the history of previous violations;
80-15                (4)  the amount necessary to deter a future violation;
80-16                (5)  whether the violator demonstrated good faith,
80-17    including when applicable whether the violator made good faith
80-18    efforts to correct the violation; and
80-19                (6)  any other matter that justice may require.
80-20          (e)  If the executive secretary determines that a violation
80-21    occurred, the executive secretary shall give written notice of the
80-22    violation by certified mail to the person.
80-23          (f)  The notice under Subsection (e) of this section must:
80-24                (1)  include a brief summary of the alleged violation;
80-25                (2)  state the amount of the recommended penalty; and
80-26                (3)  inform the person of the person's right to a
80-27    hearing on the occurrence of the violation, the amount of the
 81-1    penalty, or both.
 81-2          (g)  Within 20 days after the date the person receives the
 81-3    notice under Subsection (e) of this section, the person in writing
 81-4    may:
 81-5                (1)  accept the determination and recommended penalty
 81-6    of the executive secretary; or
 81-7                (2)  make a request for a hearing on the occurrence of
 81-8    the violation, the amount of the penalty, or both.
 81-9          (h)  If the person accepts the determination and recommended
81-10    penalty or if the person fails to respond to the notice, the board
81-11    by order shall approve the determination and impose the recommended
81-12    penalty.
81-13          (i)  If the person requests a hearing, the board shall refer
81-14    the matter to the State Office of Administrative Hearings, which
81-15    shall promptly set a hearing date and give written notice of the
81-16    time and place of the hearing to the person. An administrative law
81-17    judge of the State Office of Administrative Hearings shall conduct
81-18    the hearing.
81-19          (j)  The administrative law judge shall make findings of fact
81-20    and conclusions of law and promptly issue to the board a proposal
81-21    for a decision about the occurrence of the violation and the amount
81-22    of a proposed penalty.
81-23          (k)  Based on the findings of fact, conclusions of law, and
81-24    proposal for a decision, the board by order may:
81-25                (1)  find that a violation occurred and impose a
81-26    penalty; or
81-27                (2)  find that a violation did not occur.
 82-1          (l)  The notice of the board's order under Subsection (k) of
 82-2    this section that is sent to the person in accordance with Chapter
 82-3    2001, Government Code, must include a statement of the right of the
 82-4    person to judicial review of the order.
 82-5          Sec. 15B.  PAYMENT AND COLLECTION OF ADMINISTRATIVE PENALTY;
 82-6    JUDICIAL REVIEW.  (a)  Within 30 days after the date an order of
 82-7    the board under Subsection (k) of Section 15A of this Act that
 82-8    imposes an administrative penalty becomes  final, the person shall:
 82-9                (1)  pay the penalty; or
82-10                (2)  file a petition for judicial review of the board's
82-11    order contesting the occurrence of the violation, the amount of the
82-12    penalty, or both.
82-13          (b)  Within the 30-day period prescribed by Subsection (a) of
82-14    this section, a person who files a petition for judicial review
82-15    may:
82-16                (1)  stay enforcement of the penalty by:
82-17                      (A)  paying the penalty to the court for
82-18    placement in an escrow account; or
82-19                      (B)  giving the court a supersedeas bond approved
82-20    by the court that:
82-21                            (i)  is for the amount of the penalty; and
82-22                            (ii)  is effective until all judicial
82-23    review of the board's order is final; or
82-24                (2)  request the court to stay enforcement of the
82-25    penalty by:
82-26                      (A)  filing with the court a sworn affidavit of
82-27    the person stating that the person is financially unable to pay the
 83-1    penalty and is financially unable to give the supersedeas bond; and
 83-2                      (B)  sending a copy of the affidavit to the board
 83-3    by certified mail.
 83-4          (c)  If the board receives a copy of an affidavit under
 83-5    Subsection (b)(2) of this section, the board may file with the
 83-6    court, within five days after the date the copy is received, a
 83-7    contest to the affidavit.  The court shall hold a hearing on the
 83-8    facts alleged in the affidavit as soon as practicable and shall
 83-9    stay the enforcement of the penalty on finding that the alleged
83-10    facts are true.  The person who files an affidavit has the burden
83-11    of proving that the person is financially unable to pay the penalty
83-12    or to give a supersedeas bond.
83-13          (d)  If the person does not pay the penalty and the
83-14    enforcement of the penalty is not stayed, the penalty may be
83-15    collected.  The attorney general may sue to collect the penalty.
83-16          (e)  If the court sustains the finding that a violation
83-17    occurred, the court may uphold or reduce the amount of the penalty
83-18    and order the person to pay the full or reduced amount of the
83-19    penalty.
83-20          (f)  If the court does not sustain the finding that a
83-21    violation occurred, the court shall order that a penalty is not
83-22    owed.
83-23          (g)  If the person paid the penalty and if the amount of the
83-24    penalty is reduced or the penalty is not upheld by the court, the
83-25    court shall order, when the court's judgment becomes final, that
83-26    the appropriate amount plus accrued interest be remitted to the
83-27    person within 30 days after the date that the judgment of the court
 84-1    becomes final.  The interest accrues at the rate charged on loans
 84-2    to depository institutions by the New York Federal Reserve Bank.
 84-3    The interest shall be paid for the period beginning on the date the
 84-4    penalty is paid and ending on the date the penalty is remitted.
 84-5          (h)  If the person gave a supersedeas bond and the penalty is
 84-6    not upheld by the court, the court shall order, when the court's
 84-7    judgment becomes final, the release of the bond. If the person gave
 84-8    a supersedeas bond and the amount of the penalty is reduced, the
 84-9    court shall order the release of the bond after the person pays the
84-10    reduced amount.
84-11          SECTION 13.10.  (a)  The changes in law made by this Act in
84-12    the qualifications and the prohibitions applying to members of the
84-13    Advisory Board of Athletic Trainers do not affect the entitlement
84-14    of a member serving on the board immediately before September 1,
84-15    1999, to continue to serve and function as a member of the board
84-16    for the remainder of the member's term.  The changes in law apply
84-17    only to a member appointed on or after September 1, 1999.  The
84-18    changes in law made by this Act do not prohibit a person who is a
84-19    member of the board immediately before September 1, 1999, from
84-20    being reappointed to the board if the person has the qualifications
84-21    required for a member under Chapter 498, Acts of the 62nd
84-22    Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
84-23    Civil Statutes), as amended by this Act.
84-24          (b)  On the expiration of the terms of the members of the
84-25    Advisory Board of Athletic Trainers scheduled to expire January 31,
84-26    2001, the governor shall appoint one athletic trainer member and
84-27    one public member to the board for terms expiring January 31, 2007,
 85-1    in accordance with Section 2, Chapter 498, Acts of the 62nd
 85-2    Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
 85-3    Civil Statutes), as amended by this Act. On the expiration of the
 85-4    terms of the members of the board  scheduled to expire January 31,
 85-5    2003, the governor shall appoint one athletic trainer member and
 85-6    one public member to the board for terms expiring January 31, 2009,
 85-7    in accordance with Section 2, Chapter 498, Acts of the 62nd
 85-8    Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
 85-9    Civil Statutes), as amended by this Act.  If a vacancy occurs in a
85-10    position scheduled to expire January 31, 2001, the governor shall
85-11    appoint a public member to serve the remainder of the term if an
85-12    athletic trainer member remains in the other position scheduled to
85-13    expire on that date.  If a vacancy occurs in a position scheduled
85-14    to expire January 31, 2003, the governor shall appoint a public
85-15    member to serve the remainder of the term if an athletic trainer
85-16    member remains in the other position scheduled to expire on that
85-17    date.
85-18          SECTION 13.11.  The change in law made by this Act to
85-19    Subsections (d) and (e), Section 11, Chapter 498, Acts of the 62nd
85-20    Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
85-21    Civil Statutes), applies only to the renewal of an expired license
85-22    on or after September 1, 2000.  An expired license may be renewed
85-23    before that date in accordance with Subsections (d) and (e) of
85-24    Section 11 as they existed immediately before the effective date of
85-25    this Act, and the prior law is continued in effect for this limited
85-26    purpose.
85-27     ARTICLE 14.  STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE
 86-1               REGULATION OF RESPIRATORY CARE PRACTITIONERS
 86-2          SECTION 14.01.  Chapter 829, Acts of the 69th Legislature,
 86-3    Regular Session, 1985 (Article 4512l, Vernon's Texas Civil
 86-4    Statutes), is amended by adding Sections 3A and 3B to read as
 86-5    follows:
 86-6          Sec. 3A.  NOTIFICATION OF EXAMINATION RESULTS.  (a)  Not
 86-7    later than the 30th day after the date a person takes a
 86-8    certification examination under this Act, the department shall
 86-9    notify the person of the results of the examination.
86-10          (b)  If the examination is graded or reviewed by a testing
86-11    service:
86-12                (1)  the department shall notify the person of the
86-13    results of the examination not later than the 14th day after the
86-14    date the department receives the results from the testing service;
86-15    and
86-16                (2)  if notice of the examination results will be
86-17    delayed for longer than 90 days after the examination date, the
86-18    department shall notify the person of the reason for the delay
86-19    before the 90th day.
86-20          (c)  The department may require a testing service to notify a
86-21    person of the results of the person's examination.
86-22          (d)  If requested in writing by a person who fails a
86-23    certification examination administered under this Act, the
86-24    department shall furnish the person with an analysis of the
86-25    person's performance on the examination.
86-26          Sec. 3B.  RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING.
86-27    (a)  The board of health may not adopt rules restricting
 87-1    advertising or competitive bidding by a temporary permit or
 87-2    certificate holder except to prohibit false, misleading, or
 87-3    deceptive practices.
 87-4          (b)  In its rules to prohibit false, misleading, or deceptive
 87-5    practices, the board of health may not include a rule that:
 87-6                (1)  restricts the use of any medium for advertising;
 87-7                (2)  restricts the use of a temporary permit or
 87-8    certificate holder's personal appearance or voice in an
 87-9    advertisement;
87-10                (3)  relates to the size or duration of an
87-11    advertisement by the temporary permit or certificate holder; or
87-12                (4)  restricts the temporary permit or certificate
87-13    holder's advertisement under a trade name.
87-14          SECTION 14.02.  Section 7, Chapter 829, Acts of the 69th
87-15    Legislature, Regular Session, 1985 (Article 4512l, Vernon's Texas
87-16    Civil Statutes), is amended to read as follows:
87-17          Sec. 7.  RENEWAL OF CERTIFICATE.  (a)  Except as otherwise
87-18    provided by this section, a certificate shall be renewed annually
87-19    or biennially as determined by the board of health.  The department
87-20    shall mail a notice of renewal not later than the 30th day before
87-21    the expiration of the certificate to each person who holds a valid
87-22    certificate at the person's last known address.  The certificate
87-23    holder shall complete the notice of renewal and shall return it to
87-24    the department with the renewal fee on or before the date of
87-25    expiration.  A person whose temporary permit or certificate has
87-26    expired may not engage in activities that require a temporary
87-27    permit or certificate until the temporary permit or certificate has
 88-1    been renewed.
 88-2          (b)  On receipt of the completed notice of renewal and
 88-3    payment of the renewal fee, the department shall issue to the
 88-4    certificate holder a certificate for the current renewal period.
 88-5    The renewal is valid for the period stated on the renewal
 88-6    certificate.  The board of health shall establish uniform
 88-7    continuing education requirements for the renewal of the
 88-8    certificate of not less than six nor more than 12 continuing
 88-9    education hours per renewal period.  The board of health may adopt
88-10    rules relating to the attainment of the continuing education
88-11    requirements in hardship situations.
88-12          (c)  A person whose certificate has been expired for 90 days
88-13    or less may renew the certificate by paying to the department a
88-14    renewal fee that is equal to 1-1/2 times the normally required
88-15    renewal fee.
88-16          (d)  A person whose certificate has been expired for more
88-17    than 90 days but less than one year may renew the certificate by
88-18    paying to the department a renewal fee that is equal to two times
88-19    the normally required renewal fee.
88-20          (e)  A person whose certificate has been expired for one year
88-21    or more may not renew the certificate.  The person may obtain a new
88-22    certificate by complying with the requirements and procedures,
88-23    including the examination requirements, for obtaining an original
88-24    certificate.
88-25          (f)  A person who was certified in this state, moved to
88-26    another state, and is currently certified and has been in practice
88-27    in the other state for the two years preceding the date of
 89-1    application may obtain a new certificate without reexamination.
 89-2    The person must pay to the department a fee that is equal to two
 89-3    times the normally required renewal fee for the certificate.
 89-4          (g)  [A certificate holder who fails to renew the certificate
 89-5    on or before the expiration date may reinstate the certificate
 89-6    within the time set by the board of health on payment of the
 89-7    renewal fee and a reinstatement fee.]
 89-8          [(d)]  A respiratory care practitioner who does not engage in
 89-9    the practice of respiratory care during a subsequent renewal period
89-10    and who notifies the department of the inactivity is not required
89-11    to pay the renewal fee as long as that practitioner remains
89-12    inactive.  If the practitioner desires to resume the practice of
89-13    respiratory care, the practitioner must notify the department and
89-14    must satisfy the requirements of the board of health in addition to
89-15    remitting the renewal fee for the current renewal period and the
89-16    reinstatement fee.
89-17          SECTION 14.03.  Chapter 829, Acts of the 69th Legislature,
89-18    Regular Session, 1985 (Article 4512l, Vernon's Texas Civil
89-19    Statutes), is amended by adding Section 7A to read as follows:
89-20          Sec. 7A.  STAGGERED RENEWAL DATES.  The board of health by
89-21    rule may adopt a system under which certificates expire on various
89-22    dates during the year.  For the year in which the certificate
89-23    expiration date is changed, the department shall prorate
89-24    certificate fees on a monthly basis so that each certificate holder
89-25    pays only that portion of the certificate fee that is allocable to
89-26    the number of months during which the certificate is valid. On
89-27    renewal of the certificate on the new expiration date, the total
 90-1    certificate renewal fee is payable.
 90-2     ARTICLE 15.  STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE
 90-3                   REGISTRATION OF DISPENSING OPTICIANS
 90-4          SECTION 15.01.  Subsection (b), Section 5, Opticians'
 90-5    Registry Act (Article 4551-1, Vernon's Texas Civil Statutes), is
 90-6    amended to read as follows:
 90-7          (b)  The board may not adopt substantive rules relating to
 90-8    this Act other than substantive rules described by Subsection (a)
 90-9    of this section, Subsection (b) of Section 9 of this Act, and
90-10    Section 5A of this Act.
90-11          SECTION 15.02.  The Opticians' Registry Act (Article 4551-1,
90-12    Vernon's Texas Civil Statutes) is amended by adding Section 5A to
90-13    read as follows:
90-14          Sec. 5A.  RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING.
90-15    (a)  The board may not adopt rules restricting advertising or
90-16    competitive bidding  by a registrant except to prohibit false,
90-17    misleading, or deceptive practices.
90-18          (b)  In its rules to prohibit false, misleading, or deceptive
90-19    practices, the board may not include a rule that:
90-20                (1)  restricts the use of any medium for advertising;
90-21                (2)  restricts the use of a registrant's personal
90-22    appearance or voice in an advertisement;
90-23                (3)  relates to the size or duration of an
90-24    advertisement by the registrant; or
90-25                (4)  restricts the registrant's advertisement under a
90-26    trade name.
90-27          SECTION 15.03.  Section 7, Opticians' Registry Act (Article
 91-1    4551-1, Vernon's Texas Civil Statutes), is amended by adding
 91-2    Subsections (c)-(f) to read as follows:
 91-3          (c)  Not later than the 30th day after the date a person
 91-4    takes a qualifying examination under this Act, the department
 91-5    shall notify the person of the results of the examination.
 91-6          (d)  If the examination is graded or reviewed by a testing
 91-7    service:
 91-8                (1)  the department shall notify the person of the
 91-9    results of the examination not later than the 14th day after the
91-10    date the department receives the results from the testing service;
91-11    and
91-12                (2)  if notice of the examination results will be
91-13    delayed for longer than 90 days after the examination date, the
91-14    department shall notify the person of the reason for the delay
91-15    before the 90th day.
91-16          (e)  The department may require a testing service to notify a
91-17    person of the results of the person's examination.
91-18          (f)  If requested in writing by a person who fails a
91-19    qualifying examination administered under this Act, the department
91-20    shall furnish the person with an analysis of the person's
91-21    performance on the examination.
91-22          SECTION 15.04.  Section 9, Opticians' Registry Act (Article
91-23    4551-1, Vernon's Texas Civil Statutes), is amended to read as
91-24    follows:
91-25          Sec. 9.  RENEWAL OF REGISTRATION.  (a)  A certificate of
91-26    registration issued under this Act is valid for one year from the
91-27    date of issuance.  To renew the registration, the registrant must
 92-1    submit an application for renewal in the manner prescribed by the
 92-2    board.
 92-3          (b)  The application must be accompanied by [a renewal fee
 92-4    and] evidence that the applicant has successfully completed the
 92-5    continuing education courses required by board rule.  The board
 92-6    shall recognize, prepare, or administer continuing education
 92-7    programs for its registrants. A registrant must participate in the
 92-8    programs to the extent required by the board to keep the person's
 92-9    certificate of registration.  The board may not require more than
92-10    10 classroom hours of continuing education courses per year.
92-11          (c) [(b)]  The department shall adopt a system under which
92-12    registrations expire and are renewed on various dates of the year.
92-13          (d)  A person who is otherwise eligible to renew a
92-14    certificate of registration may renew an unexpired certificate by
92-15    paying the required renewal fee to the department before the
92-16    expiration date of the certificate.  A person whose certificate of
92-17    registration has expired may not make a representation for which a
92-18    certificate of registration is required under Section 4 of this Act
92-19    until the certificate has been renewed.
92-20          (e)  A person whose certificate of registration has been
92-21    expired for 90 days or less may renew the certificate by paying to
92-22    the department a renewal fee that is equal to 1-1/2 times the
92-23    normally required renewal fee.
92-24          (f)  A person whose certificate of registration has been
92-25    expired for more than 90 days but less than one year may renew the
92-26    certificate by paying to the department a renewal fee that is equal
92-27    to two times the normally required renewal fee.
 93-1          (g)  A person whose certificate of registration has been
 93-2    expired for one year or more may not renew the certificate.  The
 93-3    person may obtain a new certificate of registration by complying
 93-4    with the requirements and procedures, including the examination
 93-5    requirements, for an original certificate.
 93-6          (h)  A person who was registered in this state, moved to
 93-7    another state, and is currently licensed or registered and has been
 93-8    in practice in the other state for the two years preceding the date
 93-9    of application may obtain a new certificate of registration without
93-10    reexamination.  The person must pay to the department a fee that is
93-11    equal to two times the normally required renewal fee for the
93-12    certificate.
93-13          (i)  Not later than the 30th day before the date a person's
93-14    certificate of registration is scheduled to expire, the department
93-15    shall send written notice of the impending expiration to the person
93-16    at the person's last known address according to the records of the
93-17    department.
93-18          [(c)  A person registered under this Act who does not renew
93-19    the registration by the expiration date may renew the registration
93-20    not later than the 180th day after the expiration date by paying a
93-21    late registration fee as prescribed by the board.]
93-22          [(d)  The registration of a person who fails to meet the
93-23    renewal requirements under this section is void until the person
93-24    submits a new application, pays the appropriate fees, and meets the
93-25    current requirements for registration.]
93-26          SECTION 15.05.  Section 12, Opticians' Registry Act (Article
93-27    4551-1, Vernon's Texas Civil Statutes), is amended to read as
 94-1    follows:
 94-2          Sec. 12.  DENIAL, SUSPENSION, REVOCATION, AND PROBATION.  (a)
 94-3    The department shall [may] refuse to issue a certificate of
 94-4    registration to an applicant, suspend or revoke a certificate of
 94-5    registration, or reprimand [place on probation] an individual who
 94-6    is registered under this Act if the individual:
 94-7                (1)  obtains a certificate by means of fraud,
 94-8    misrepresentation, or concealment of material facts;
 94-9                (2)  sells, barters, or offers to sell or barter a
94-10    certificate of registration;
94-11                (3)  violates a lawful rule adopted by the board;
94-12                (4)  violates Section 4 of this Act; or
94-13                (5)  practices medicine or optometry without a license.
94-14          (b)  The board may place on probation a person whose
94-15    registration is suspended.  If the suspension is probated, the
94-16    board may require the person:
94-17                (1)  to report regularly to the department on matters
94-18    that are the basis of the probation;
94-19                (2)  to limit practice to the areas prescribed by the
94-20    board; or
94-21                (3)  to continue or review professional education until
94-22    the person attains a degree of skill satisfactory to the board in
94-23    those areas that are the basis of the probation.
94-24          (c)  A person whose application of registration is denied,
94-25    whose registration is suspended[,] or revoked, or who is
94-26    reprimanded is entitled to a hearing before the department if the
94-27    person submits a written request for a hearing to the department.
 95-1    A hearing is governed by department rules for a contested hearing
 95-2    and by Chapter 2001, Government Code [the Administrative Procedure
 95-3    and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
 95-4    Statutes)].
 95-5     ARTICLE 16.  STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE
 95-6             REGULATION OF MEDICAL RADIOLOGICAL TECHNOLOGISTS
 95-7          SECTION 16.01.  Section 2.05(d), Medical Radiologic
 95-8    Technologist Certification Act (Article 4512m, Vernon's Texas Civil
 95-9    Statutes), is amended to read as follows:
95-10          (d)  The Texas Board of Health:
95-11                (1)  may establish guidelines;
95-12                (2)  shall prepare, recognize, or administer [, which
95-13    may include requirements for] continuing education programs for
95-14    medical radiologic technologists in which a medical radiologic
95-15    technologist must participate, to the extent required by the board,
95-16    to keep the person's certificate;[,] and
95-17                (3)  [the Texas Board of Health] may prepare and
95-18    conduct an examination for applicants for a certificate.
95-19          SECTION 16.02.  The Medical Radiologic Technologist
95-20    Certification Act (Article 4512m, Vernon's Texas Civil Statutes) is
95-21    amended by adding Section 2.055 to read as follows:
95-22          Sec. 2.055.  RULES REGARDING ADVERTISING OR COMPETITIVE
95-23    BIDDING.  (a)  The Texas Board of Health may not adopt rules
95-24    restricting advertising or competitive bidding by a medical
95-25    radiologic technologist except to prohibit false, misleading, or
95-26    deceptive practices.
95-27          (b)  In its rules to prohibit false, misleading, or deceptive
 96-1    practices, the board may not include a rule that:
 96-2                (1)  restricts the use of any medium for advertising;
 96-3                (2)  restricts the use of a medical radiologic
 96-4    technologist's personal appearance or voice in an advertisement;
 96-5                (3)  relates to the size or duration of an
 96-6    advertisement by the medical radiologic technologist; or
 96-7                (4)  restricts the medical radiologic technologist's
 96-8    advertisement under a trade name.
 96-9          SECTION 16.03.  The Medical Radiologic Technologist
96-10    Certification Act (Article 4512m, Vernon's Texas Civil Statutes) is
96-11    amended by adding Section 2.075 to read as follows:
96-12          Sec. 2.075.  PROVISIONAL CERTIFICATES.  (a)  The Texas Board
96-13    of Health may issue a provisional certificate to an applicant
96-14    currently licensed or certified in another jurisdiction who seeks
96-15    certification in this state and who:
96-16                (1)  has been licensed or certified in good standing as
96-17    a medical radiologic technologist for at least two years in another
96-18    jurisdiction, including a foreign country, that has licensing or
96-19    certification requirements substantially equivalent to the
96-20    requirements of this Act;
96-21                (2)  has  passed  a  national  or other  examination
96-22    recognized by the board relating to the practice of radiologic
96-23    technology; and
96-24                (3)  is sponsored by a medical radiologic technologist
96-25    certified by the board under this Act with whom the provisional
96-26    certificate holder will practice during the time the person holds a
96-27    provisional certificate.
 97-1          (b)  The board may waive the requirement of Subsection (a)(3)
 97-2    for an applicant if the board determines that compliance with that
 97-3    subsection would be a hardship to the applicant.
 97-4          (c)  A provisional certificate is valid until the date the
 97-5    board approves or denies the provisional certificate holder's
 97-6    application for a certificate.  The board shall issue a certificate
 97-7    under this Act to the provisional certificate holder if:
 97-8                (1)  the provisional certificate holder is eligible to
 97-9    be certified  under Section 2.05(c) of this Act; or
97-10                (2)  the provisional certificate holder passes the part
97-11    of the examination under Section 2.05(d) of this Act that relates
97-12    to the applicant's knowledge and understanding of the laws and
97-13    rules relating to the practice of radiologic technology in this
97-14    state and:
97-15                      (A)  the board verifies that the provisional
97-16    certificate holder meets the academic and experience requirements
97-17    for a certificate under this Act; and
97-18                      (B)  the provisional certificate holder satisfies
97-19    any other licensing requirements under this Act.
97-20          (d)  The board must approve or deny a provisional certificate
97-21    holder's application for a certificate not later than the 180th day
97-22    after the date the provisional certificate is issued.  The board
97-23    may extend the 180-day period if the results of an examination have
97-24    not been received by the board before the end of that period.
97-25          (e)  The board may establish a fee for provisional
97-26    certificates in an amount reasonable and necessary to cover the
97-27    cost of issuing the certificate.
 98-1          SECTION 16.04.  Section 2.09, Medical Radiologic Technologist
 98-2    Certification Act (Article 4512m, Vernon's Texas Civil Statutes),
 98-3    is amended by amending Subsection (d) and adding Subsections
 98-4    (e)-(j) to read as follows:
 98-5          (d)  The Texas Board of Health may set fees for examination
 98-6    and[,] certificate issuance[, and certificate renewal].  The Texas
 98-7    Board of Health shall set the fees in amounts that are reasonable
 98-8    to cover the costs of administering this Act without the use of
 98-9    additional general revenue funds.
98-10          (e)  A person who is otherwise eligible to renew a
98-11    certificate may renew an unexpired certificate  by paying the
98-12    required renewal fee to the department before the expiration date
98-13    of the certificate. A person whose certificate has expired may not
98-14    engage in activities that require a certificate until the
98-15    certificate has been renewed.
98-16          (f)  A person whose certificate  has been expired for 90 days
98-17    or less may renew the certificate  by paying to the department a
98-18    renewal fee that is equal to 1-1/2 times the normally required
98-19    renewal fee.
98-20          (g)  A person whose certificate has been expired for more
98-21    than 90 days but less than one year may renew the certificate by
98-22    paying to the department a renewal fee that is equal to two times
98-23    the normally required renewal fee.
98-24          (h)  A person whose certificate has been expired for one year
98-25    or more may not renew the certificate. The person may obtain a new
98-26    certificate  by complying with the requirements and procedures,
98-27    including the examination requirements, for an original
 99-1    certificate.
 99-2          (i)  A person who held a certificate in this state, moved to
 99-3    another state, and currently holds a certificate or license and has
 99-4    been in practice in the other state for the two years preceding the
 99-5    date of application may obtain a new certificate without
 99-6    reexamination.  The person must pay to the department a fee that is
 99-7    equal to two times the normally required renewal fee for the
 99-8    certificate.
 99-9          (j)  Not later than the 30th day before the date a person's
99-10    certificate is scheduled to expire, the department shall send
99-11    written notice of the impending expiration to the person at the
99-12    person's last known address according to the records of the
99-13    department.
99-14          SECTION 16.05.  The Medical Radiologic Technologist
99-15    Certification Act (Article 4512m, Vernon's Texas Civil Statutes) is
99-16    amended by adding Sections 2.091 and 2.092 to read as follows:
99-17          Sec. 2.091.  NOTIFICATION OF EXAMINATION RESULTS.  (a)  Not
99-18    later than the 30th day after the date a person takes an
99-19    examination for a certificate under this Act, the department shall
99-20    notify the person of the results of the examination.
99-21          (b)  If the examination is graded or reviewed by a testing
99-22    service:
99-23                (1)  the department shall notify the person of the
99-24    results of the examination not later than the 14th day after the
99-25    date the department receives the results from the testing service;
99-26    and
99-27                (2)  if notice of the examination results will be
 100-1   delayed for longer than 90 days after the examination date, the
 100-2   department shall notify the person of the reason for the delay
 100-3   before the 90th day.
 100-4         (c)  The department may require a testing service to notify a
 100-5   person of the results of the person's examination.
 100-6         (d)  If requested in writing by a person who fails an
 100-7   examination for a certificate administered under this Act, the
 100-8   department shall furnish the person with an analysis of the
 100-9   person's performance on the examination.
100-10         Sec. 2.092.  STAGGERED RENEWAL DATES.  The Texas Board of
100-11   Health by rule may adopt a system under which certificates expire
100-12   on various dates during the year.  For the year in which the
100-13   certificate expiration date is changed, the department shall
100-14   prorate certificate fees on a monthly basis so that each
100-15   certificate holder pays only that portion of the certificate fee
100-16   that is allocable to the number of months during which the
100-17   certificate is valid. On renewal of the certificate on the new
100-18   expiration date, the total certificate renewal fee is payable.
100-19     ARTICLE 17.  ADMINISTRATIVE PENALTY AND STANDARD SUNSET REVIEW
100-20        PROVISIONS APPLICABLE TO THE TEXAS BOARD OF LICENSURE FOR
100-21                     PROFESSIONAL MEDICAL PHYSICISTS
100-22         SECTION 17.01.  Section 5(d), Texas Medical Physics Practice
100-23   Act (Article 4512n, Vernon's Texas Civil Statutes), is amended to
100-24   read as follows:
100-25         (d)  Appointments to the board shall be made without regard
100-26   to the race, color, disability, creed, sex, religion, age, or
100-27   national origin of the appointee.
 101-1         SECTION 17.02.  Section 7(d), Texas Medical Physics Practice
 101-2   Act (Article 4512n, Vernon's Texas Civil Statutes), is amended to
 101-3   read as follows:
 101-4         (d)  A [The] public member of the board must be a resident of
 101-5   this state for four years preceding appointment.  A person may not
 101-6   be a public member of the board if the person or the person's
 101-7   spouse:
 101-8               (1)  is registered, certified, or licensed by a
 101-9   regulatory agency in the field of medical physics;
101-10               (2)  is employed by or participates in the management
101-11   of a business entity or other organization regulated by or
101-12   receiving money from the board;
101-13               (3)  owns or controls, directly or indirectly, more
101-14   than a 10 percent interest in a business entity or other
101-15   organization regulated by or receiving money from the board; or
101-16               (4)  uses or receives a substantial amount of tangible
101-17   goods, services, or money from the board other than compensation or
101-18   reimbursement authorized by law for board membership, attendance,
101-19   or expenses [and may not have a financial interest in any endeavor
101-20   related to the practice of medical physics].
101-21         SECTION 17.03.  The Texas Medical Physics Practice Act
101-22   (Article 4512n, Vernon's Texas Civil Statutes) is amended by adding
101-23   Sections 7A and 7B to read as follows:
101-24         Sec. 7A.  CONFLICT OF INTEREST.  (a)  In this section, "Texas
101-25   trade association" means a cooperative and voluntarily joined
101-26   association of business or professional competitors in this state
101-27   designed to assist its members and its industry or profession in
 102-1   dealing with mutual business or professional problems and in
 102-2   promoting their common interest.
 102-3         (b)  A person may not be a member of the board if:
 102-4               (1)  the person is an officer, employee, or paid
 102-5   consultant of a Texas trade association in the field of medicine;
 102-6   or
 102-7               (2)  the person's spouse is an officer, manager, or
 102-8   paid consultant of a Texas trade association in the field of
 102-9   medicine.
102-10         (c)  A person may not be a member of the board if the person
102-11   is required to register as a lobbyist under Chapter 305, Government
102-12   Code, because of the person's activities for compensation on behalf
102-13   of a profession related to the operation of the board.
102-14         Sec. 7B.  TRAINING.  (a)  A person who is appointed to and
102-15   qualifies for office as a member of the board may not vote,
102-16   deliberate, or be counted as a member in attendance at a meeting of
102-17   the board until the person completes a training program that
102-18   complies with this section.
102-19         (b)  The training program must provide the person with
102-20   information regarding:
102-21               (1)  the legislation that created the board;
102-22               (2)  the programs operated by the board;
102-23               (3)  the role and functions of the board;
102-24               (4)  the rules of the board, with an emphasis on the
102-25   rules that relate to disciplinary and investigatory authority;
102-26               (5)  the current budget for the board;
102-27               (6)  the results of the most recent formal audit of the
 103-1   board;
 103-2               (7)  the requirements of:
 103-3                     (A)  the open meetings law, Chapter 551,
 103-4   Government Code;
 103-5                     (B)  the public information law, Chapter 552,
 103-6   Government Code;
 103-7                     (C)  the administrative procedure law, Chapter
 103-8   2001, Government Code; and
 103-9                     (D)  other laws relating to public officials,
103-10   including conflict-of-interest laws; and
103-11               (8)  any applicable ethics policies adopted by the
103-12   board or the Texas Ethics Commission.
103-13         (c)  A person appointed to the board is entitled to
103-14   reimbursement, as provided by the General Appropriations Act, for
103-15   the travel expenses incurred in attending the training program
103-16   regardless of whether the attendance at the program occurs before
103-17   or after the person qualifies for office.
103-18         SECTION 17.04.  Section 8, Texas Medical Physics Practice Act
103-19   (Article 4512n, Vernon's Texas Civil Statutes), is amended to read
103-20   as follows:
103-21         Sec. 8.  REMOVAL FROM OFFICE.  (a)  It is a ground for
103-22   removal from the board if a member:
103-23               (1)  does not have at the time of appointment the
103-24   qualifications required by Section 7 of this Act for appointment to
103-25   the board;
103-26               (2)  does not maintain during service on the board the
103-27   qualifications required by Section 7 of this Act for appointment to
 104-1   the board;
 104-2               (3)  is ineligible for membership under Subsection (d)
 104-3   of Section 7 of this Act or Section 7A of this Act;
 104-4               (4)  cannot, because of illness or disability,
 104-5   discharge the member's duties for a substantial part of the
 104-6   member's term; or
 104-7               (5) [(3)]  fails to attend at least half of the
 104-8   regularly scheduled board meetings held in a calendar year,
 104-9   excluding meetings held while the person was not a board member,
104-10   without an excuse approved by a majority of the board.
104-11         (b)  If a ground for removal of a member of the board exists,
104-12   the board's actions during the existence of the ground for removal
104-13   are not invalid for that reason.
104-14         (c)  If the commissioner of public health has knowledge that
104-15   a potential ground for removal exists, the commissioner shall
104-16   notify the presiding officer of the board of the potential ground.
104-17   The presiding officer shall then notify the governor and the
104-18   attorney general that a potential ground for removal exists.  If
104-19   the potential ground for removal involves the presiding officer,
104-20   the commissioner shall notify the next highest ranking officer of
104-21   the board, who shall then notify the governor and the attorney
104-22   general that a potential ground for removal exists.
104-23         SECTION 17.05.  Section 10, Texas Medical Physics Practice
104-24   Act (Article 4512n, Vernon's Texas Civil Statutes), is amended by
104-25   amending Subsection (a) and adding Subsection (c) to read as
104-26   follows:
104-27         (a)  The governor shall designate a member of the board as
 105-1   the presiding officer of the board to serve in that capacity at the
 105-2   will of the governor.  At the first regularly scheduled meeting of
 105-3   each calendar year, the board shall elect from among its members [a
 105-4   presiding officer and] an assistant presiding officer.
 105-5         (c)  The board shall develop and implement policies that
 105-6   provide the public with a reasonable opportunity to appear before
 105-7   the board and to speak on any issue under the jurisdiction of the
 105-8   board.
 105-9         SECTION 17.06.  Section 11, Texas Medical Physics Practice
105-10   Act (Article 4512n, Vernon's Texas Civil Statutes), is amended to
105-11   read as follows:
105-12         Sec. 11.  BOARD RESPONSIBILITIES.  (a)  The board shall:
105-13               (1)  adopt and revise, with the approval of the
105-14   department, rules that are reasonably necessary for the proper
105-15   performance of its duties under this Act;
105-16               (2)  determine the qualifications and fitness of
105-17   applicants for licenses, renewal of licenses, and reciprocal
105-18   licenses;
105-19               (3)  charge a fee for the processing and issuance or
105-20   renewal of a license under this Act in an amount necessary to cover
105-21   costs incurred by the board in administering this Act;
105-22               (4)  adopt and publish a code of ethics;
105-23               (5)  adopt an official seal;
105-24               (6)  conduct examinations for licensure under this Act;
105-25               (7)  issue, deny, renew, revoke, and suspend licenses
105-26   under this Act;
105-27               (8)  conduct hearings on complaints concerning
 106-1   violations of this Act or rules adopted under this Act;
 106-2               (9)  prosecute or file suit to enjoin a violation of
 106-3   this Act or a rule adopted under this Act; and
 106-4               (10)  [maintain a file on each complaint filed with the
 106-5   board showing the status and final disposition of the complaint;
 106-6   and]
 106-7               [(11)]  prepare information of consumer interest
 106-8   describing the regulatory functions of the board and describing the
 106-9   procedures by which complaints are filed with and resolved by the
106-10   board.
106-11         (b)  The board shall recognize, [may] prepare, or [and]
106-12   administer [an optional] continuing education programs [program]
106-13   for persons licensed by the board under this Act. A license holder
106-14   must participate in the programs to the extent required by the
106-15   board to keep the person's license.
106-16         (c)  The board shall develop and implement policies that
106-17   clearly separate the policymaking responsibilities of the board and
106-18   the management responsibilities of the commissioner of public
106-19   health, the executive secretary, and the staff of the department.
106-20         SECTION 17.07.  The Texas Medical Physics Practice Act
106-21   (Article 4512n, Vernon's Texas Civil Statutes) is amended by adding
106-22   Sections 11A and 11B to read as follows:
106-23         Sec. 11A.  COMPLAINTS.  (a)  The board shall maintain a file
106-24   on each written complaint filed with the board.  The file must
106-25   include:
106-26               (1)  the name of the person who filed the complaint;
106-27               (2)  the date the complaint is received by the board;
 107-1               (3)  the subject matter of the complaint;
 107-2               (4)  the name of each person contacted in relation to
 107-3   the complaint;
 107-4               (5)  a summary of the results of the review or
 107-5   investigation of the complaint; and
 107-6               (6)  an explanation of the reason the file was closed,
 107-7   if the board closed the file without taking action other than to
 107-8   investigate the complaint.
 107-9         (b)  The board shall provide to the person filing the
107-10   complaint and to each person who is a subject of the complaint a
107-11   copy of the board's policies and procedures relating to complaint
107-12   investigation and resolution.
107-13         (c)  The board, at least quarterly until final disposition of
107-14   the complaint, shall notify the person filing the complaint and
107-15   each person who is a subject of the complaint of the status of the
107-16   investigation unless the notice would jeopardize an undercover
107-17   investigation.
107-18         Sec. 11B.  RULES REGARDING ADVERTISING OR COMPETITIVE
107-19   BIDDING.  (a)  The board may not adopt rules restricting
107-20   advertising or competitive bidding by a license holder except to
107-21   prohibit false, misleading, or deceptive practices.
107-22         (b)  In its rules to prohibit false, misleading, or deceptive
107-23   practices, the board may not include a rule that:
107-24               (1)  restricts the use of any medium for advertising;
107-25               (2)  restricts the use of a license holder's personal
107-26   appearance or voice in an advertisement;
107-27               (3)  relates to the size or duration of an
 108-1   advertisement by the license holder; or
 108-2               (4)  restricts the license holder's advertisement under
 108-3   a trade name.
 108-4         SECTION 17.08.  Section 12, Texas Medical Physics Practice
 108-5   Act (Article 4512n, Vernon's Texas Civil Statutes), is amended by
 108-6   adding Subsection (c) to read as follows:
 108-7         (c)  The commissioner of health or the commissioner's
 108-8   designee shall provide to members of the board, as often as
 108-9   necessary, information regarding the requirements for office under
108-10   this Act, including information regarding a person's
108-11   responsibilities under applicable laws relating to standards of
108-12   conduct for state officers.
108-13         SECTION 17.09.  Section 18, Texas Medical Physics Practice
108-14   Act (Article 4512n, Vernon's Texas Civil Statutes), is amended to
108-15   read as follows:
108-16         Sec. 18.  LICENSING BY ENDORSEMENT OR RECIPROCITY.  (a)  On
108-17   receipt of an application and fee in accordance with Section 14 of
108-18   this Act, the board may waive any prerequisite for obtaining
108-19   [issue] a license to practice medical physics in this state to a
108-20   person who:
108-21               (1)  holds a license to practice medical or
108-22   radiological physics in another state, territory, or jurisdiction
108-23   acceptable to the board that has requirements for the licensing of
108-24   medical or radiological physicists that are substantially the same
108-25   as the requirements of this Act; or
108-26               (2)  prior to September 1, 1994:
108-27                     (A)  is a resident of a state, territory, or
 109-1   jurisdiction without a medical physics licensure and/or practice
 109-2   act;
 109-3                     (B)  meets all other requirements for licensure
 109-4   without examination in accordance with Section 19 of this Act; and
 109-5                     (C)  has demonstrated to the board's satisfaction
 109-6   a working knowledge of Texas rules pertaining to the license
 109-7   specialty requested.
 109-8         (b)  The board may waive any prerequisite for obtaining a
 109-9   license to practice medical physics in this state for an applicant
109-10   who holds a license issued by another jurisdiction with which this
109-11   state has a reciprocity agreement. The board may make an agreement,
109-12   subject to the approval of the governor, with another state to
109-13   allow for licensing by reciprocity.
109-14         SECTION 17.10.  Section 21, Texas Medical Physics Practice
109-15   Act (Article 4512n, Vernon's Texas Civil Statutes), is amended to
109-16   read as follows:
109-17         Sec. 21.  DENIAL, SUSPENSION, OR REVOCATION OF LICENSE;
109-18   DISCIPLINARY ACTION.  (a)  The board shall [may] refuse to issue or
109-19   renew a license, suspend or revoke a license, or reprimand the
109-20   license holder[, or place a license holder on probation] for any of
109-21   the following:
109-22               (1)  obtaining or renewing a license by means of fraud,
109-23   misrepresentation, or concealment of material facts;
109-24               (2)  having once made application for or held a license
109-25   issued by the licensing authority of another state, territory, or
109-26   jurisdiction that was denied, suspended, or revoked by that
109-27   licensing authority;
 110-1               (3)  engaging in unprofessional conduct that endangered
 110-2   or is likely to endanger the health, safety, or welfare of the
 110-3   public as defined by board rule;
 110-4               (4)  violating this Act, a lawful order or rule of the
 110-5   board, or the board's code of ethics; or
 110-6               (5)  being convicted of a felony or of a misdemeanor
 110-7   that involved moral turpitude or that directly relates to a
 110-8   person's duties and responsibilities as a licensed medical
 110-9   physicist.
110-10         (b)  The board may place on probation a person whose license
110-11   is suspended.  If a license suspension is probated, the board may
110-12   require the person:
110-13               (1)  to report regularly to the department on matters
110-14   that are the basis of the probation;
110-15               (2)  to limit practice to the areas prescribed by the
110-16   board; or
110-17               (3)  to continue or review professional education until
110-18   the person attains a degree of skill satisfactory to the board in
110-19   those areas that are the basis of the probation.
110-20         (c)  Chapter 2001, Government Code, [The Administrative
110-21   Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
110-22   Civil Statutes)] and board rules for a contested hearing apply to
110-23   proceedings by the board under this section.
110-24         SECTION 17.11.  The Texas Medical Physics Practice Act
110-25   (Article 4512n, Vernon's Texas Civil Statutes) is amended by adding
110-26   Sections 23A and 23B to read as follows:
110-27         Sec. 23A.  IMPOSITION OF ADMINISTRATIVE PENALTY.  (a)  The
 111-1   board may impose an administrative penalty on a person licensed
 111-2   under this Act who violates this Act or a rule or order adopted
 111-3   under this Act.  A penalty collected under this section or Section
 111-4   23B of this Act shall be deposited in the state treasury in the
 111-5   general revenue fund.
 111-6         (b)  A proceeding to impose the penalty is considered to be a
 111-7   contested case under Chapter 2001, Government Code.
 111-8         (c)  The amount of the penalty may not exceed $500 for each
 111-9   violation, and each day a violation continues or occurs is a
111-10   separate violation for purposes of imposing a penalty.  The total
111-11   amount of the penalty assessed for a violation continuing or
111-12   occurring on separate days under this subsection may not exceed
111-13   $2,500.
111-14         (d)  The amount shall be based on:
111-15               (1)  the seriousness of the violation, including the
111-16   nature, circumstances, extent, and gravity of the violation;
111-17               (2)  the threat to health or safety caused by the
111-18   violation;
111-19               (3)  the history of previous violations;
111-20               (4)  the amount necessary to deter a future violation;
111-21               (5)  whether the violator demonstrated good faith,
111-22   including when applicable whether the violator made good faith
111-23   efforts to correct the violation; and
111-24               (6)  any other matter that justice may require.
111-25         (e)  If the executive secretary determines that a violation
111-26   occurred, the executive secretary shall give written notice of the
111-27   report by certified mail to the person.
 112-1         (f)  The notice under Subsection (e) of this section must:
 112-2               (1)  include a brief summary of the alleged violation;
 112-3               (2)  state the amount of the recommended penalty; and
 112-4               (3)  inform the person of the person's right to a
 112-5   hearing on the occurrence of the violation, the amount of the
 112-6   penalty, or both.
 112-7         (g)  Within 20 days after the date the person receives the
 112-8   notice under Subsection (e) of this section, the person in writing
 112-9   may:
112-10               (1)  accept the determination and recommended penalty
112-11   of the executive secretary; or
112-12               (2)  make a request for a hearing on the occurrence of
112-13   the violation, the amount of the penalty, or both.
112-14         (h)  If the person accepts the determination and recommended
112-15   penalty or if the person fails to respond to the notice, the board
112-16   by order shall approve the determination and impose the recommended
112-17   penalty.
112-18         (i)  If the person requests a hearing, the board shall refer
112-19   the matter to the State Office of Administrative Hearings, which
112-20   shall promptly set a hearing date and give written notice of the
112-21   time and place of the hearing to the person.  An administrative law
112-22   judge of the State Office of Administrative Hearings shall conduct
112-23   the hearing.
112-24         (j)  The administrative law judge shall make findings of fact
112-25   and conclusions of law and promptly issue to the board a proposal
112-26   for a decision about the occurrence of the violation and the amount
112-27   of a proposed penalty.
 113-1         (k)  Based on the findings of fact, conclusions of law, and
 113-2   proposal for a decision, the board by order may:
 113-3               (1)  find that a violation occurred and impose a
 113-4   penalty; or
 113-5               (2)  find that a violation did not occur.
 113-6         (l)  The notice of the board's order under Subsection (k) of
 113-7   this section that is  sent to the person in accordance with Chapter
 113-8   2001, Government Code, must include a statement of the right of the
 113-9   person to judicial review of the order.
113-10         Sec. 23B.  PAYMENT AND COLLECTION OF ADMINISTRATIVE PENALTY;
113-11   JUDICIAL REVIEW.  (a)  Within 30 days after the date an order of
113-12   the board under Subsection (k) of Section 23A of this Act that
113-13   imposes an administrative penalty becomes final, the person shall:
113-14               (1)  pay the penalty; or
113-15               (2)  file a petition for judicial review of the board's
113-16   order contesting the occurrence of the violation, the amount of the
113-17   penalty, or both.
113-18         (b)  Within the 30-day period prescribed by Subsection (a) of
113-19   this section, a person who files a petition for judicial review
113-20   may:
113-21               (1)  stay enforcement of the penalty by:
113-22                     (A)  paying the penalty to the court for
113-23   placement in an escrow account; or
113-24                     (B)  giving the court a supersedeas bond approved
113-25   by the court that:
113-26                           (i)  is for the amount of the penalty; and
113-27                           (ii)  is effective until all judicial
 114-1   review of the board's order is final; or
 114-2               (2)  request the court to stay enforcement of the
 114-3   penalty by:
 114-4                     (A)  filing with the court a sworn affidavit of
 114-5   the person stating that the person is financially unable to pay the
 114-6   penalty and is financially unable to give the supersedeas bond; and
 114-7                     (B)  sending a copy of the affidavit to the board
 114-8   by certified mail.
 114-9         (c)  If the board receives a copy of an affidavit under
114-10   Subsection (b)(2) of this section, the board may file with the
114-11   court, within five days after the date the copy is received, a
114-12   contest to the affidavit.  The court shall hold a hearing on the
114-13   facts alleged in the affidavit as soon as practicable and shall
114-14   stay the enforcement of the penalty on finding that the alleged
114-15   facts are true.  The person who files an affidavit has the burden
114-16   of proving that the person is financially unable to pay the penalty
114-17   or to give a supersedeas bond.
114-18         (d)  If the person does not pay the penalty and the
114-19   enforcement of the penalty is not stayed, the penalty may be
114-20   collected.  The attorney general may sue to collect the penalty.
114-21         (e)  If the court sustains the finding that a violation
114-22   occurred, the court may uphold or reduce the amount of the penalty
114-23   and order the person to pay the full or reduced amount of the
114-24   penalty.
114-25         (f)  If the court does not sustain the finding that a
114-26   violation occurred, the court shall order that a penalty is not
114-27   owed.
 115-1         (g)  If the person paid the penalty and if the amount of the
 115-2   penalty is reduced or the penalty is not upheld by the court, the
 115-3   court shall order, when the court's judgment becomes final, that
 115-4   the appropriate amount plus accrued interest be remitted to the
 115-5   person within 30 days after the date that the judgment of the court
 115-6   becomes final. The interest accrues at the rate charged on loans to
 115-7   depository institutions by the New York Federal Reserve Bank. The
 115-8   interest shall be paid for the period beginning on the date the
 115-9   penalty is paid and ending on the date the penalty is remitted.
115-10         (h)  If the person gave a supersedeas bond and the penalty is
115-11   not upheld by the court, the court shall order, when the court's
115-12   judgment becomes final, the release of the bond. If the person gave
115-13   a supersedeas bond and the amount of the penalty is reduced, the
115-14   court shall order the release of the bond after the person pays the
115-15   reduced amount.
115-16         SECTION 17.12.  The Texas Medical Physics Practice Act
115-17   (Article 4512n, Vernon's Texas Civil Statutes) is amended by adding
115-18   Section 27 to read as follows:
115-19         Sec. 27.  PROVISIONAL LICENSES.  (a)  The board may issue a
115-20   provisional license to an applicant currently licensed or certified
115-21   in another jurisdiction who seeks a license in this state and who:
115-22               (1)  has been licensed or certified in good standing as
115-23   a practitioner of medical or radiologic physics for at least two
115-24   years in another jurisdiction, including a foreign country, that
115-25   has licensing or certification requirements substantially
115-26   equivalent to the requirements of this Act;
115-27               (2)  has passed a national or other examination
 116-1   recognized by the board relating to the practice of medical or
 116-2   radiologic physics; and
 116-3               (3)  is sponsored by a person licensed by the board
 116-4   under this Act with whom the provisional license holder will
 116-5   practice during the time the person holds a provisional license.
 116-6         (b)  The board may waive the requirement of Subsection (a)(3)
 116-7   for an applicant if the board determines that compliance with that
 116-8   subsection would be a hardship to the applicant.
 116-9         (c)  A provisional license is valid until the date the board
116-10   approves or denies the provisional license holder's application for
116-11   a license.  The board shall issue a license under this Act to the
116-12   provisional license holder if:
116-13               (1)  the provisional license holder is eligible to be
116-14   certified  under Section 18 of this Act; or
116-15               (2)  the provisional license holder passes the part of
116-16   the examination under Section 16 of this Act that relates to the
116-17   applicant's knowledge and understanding of the laws and rules
116-18   relating to the practice of medical physics in this state and:
116-19                     (A)  the board verifies that the provisional
116-20   license holder meets the academic and experience requirements for a
116-21   license under this Act; and
116-22                     (B)  the provisional license holder satisfies any
116-23   other licensing requirements under this Act.
116-24         (d)  The board must approve or deny a provisional license
116-25   holder's application for a license not later than the 180th day
116-26   after the date the provisional license is issued. The board may
116-27   extend the 180-day period if the results of an examination have not
 117-1   been received by the board before the end of that period.
 117-2         (e)  The board may establish a fee for provisional licenses
 117-3   in an amount reasonable and necessary to cover the cost of issuing
 117-4   the license.
 117-5         SECTION 17.13.  Subsection (e), Section 7, Texas Medical
 117-6   Physics Practice Act (Article 4512n, Vernon's Texas Civil
 117-7   Statutes), is repealed.
 117-8         SECTION 17.14.  The changes in law made by this Act in the
 117-9   prohibitions applying to members of the Texas Board of Licensure
117-10   for Professional Medical Physicists do not affect the entitlement
117-11   of a member serving on the board immediately before September 1,
117-12   1999, to continue to serve and function as a member of the board
117-13   for the remainder of the member's term.  The changes in law apply
117-14   only to a member appointed on or after September 1, 1999.
117-15      ARTICLE 18.  STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO
117-16                  THE REGULATION OF MASSAGE THERAPISTS
117-17         SECTION 18.01.  Subsection (b), Section 2, Chapter 752, Acts
117-18   of the 69th Legislature, Regular Session, 1985 (Article 4512k,
117-19   Vernon's Texas Civil Statutes), is amended to read as follows:
117-20         (b)  An individual who registers as a massage therapist under
117-21   this Act must present evidence satisfactory to the board that the
117-22   person:
117-23               (1)  has satisfactorily completed massage therapy
117-24   studies in a 300 hour, supervised course of instruction provided by
117-25   a massage therapy instructor, by a massage school registered by the
117-26   department, by a state approved educational institution, or by any
117-27   combination of instructors or schools, in which 125 hours are
 118-1   dedicated to the study of Swedish massage therapy techniques taught
 118-2   by a massage therapy instructor, 50 hours to the study of anatomy,
 118-3   25 hours to the study of physiology, 15 hours to the study of
 118-4   hydrotherapy, 15 hours to the study of business practices and
 118-5   professional ethics standards, 20 hours to the study of health and
 118-6   hygiene, and 50 hours to an internship program; or
 118-7               (2)  [is registered as a massage therapist in another
 118-8   state or country that has and maintains standards and requirements
 118-9   of practice and licensing or registration that substantially
118-10   conform to those of this state, as determined by the department; or]
118-11               [(3)]  has practiced massage therapy as a profession
118-12   for not less than five years in another state or country that does
118-13   not have or maintain standards and requirements of practice and
118-14   licensing or registration that substantially conform to those of
118-15   this state, as determined by the department.
118-16         SECTION 18.02.  Chapter 752, Acts of the  69th Legislature,
118-17   Regular Session, 1985 (Article 4512k, Vernon's Texas Civil
118-18   Statutes), is amended by adding Sections 2C and 2D to read as
118-19   follows:
118-20         Sec. 2C.  APPLICANT REGISTERED IN ANOTHER JURISDICTION.
118-21   (a)  The board may waive any prerequisite to obtaining a
118-22   certificate of registration for an applicant for registration as a
118-23   massage therapist or massage therapy instructor after reviewing the
118-24   applicant's credentials and determining that the applicant holds a
118-25   license or certificate of registration issued by another
118-26   jurisdiction that has licensing or registration requirements
118-27   substantially equivalent to those of this state.
 119-1         (b)  The board may waive any prerequisite to obtaining a
 119-2   certificate of registration for an applicant for registration as a
 119-3   massage therapist or massage therapy instructor who holds a license
 119-4   or certificate of registration issued by another jurisdiction with
 119-5   which this state has a reciprocity agreement.  The board may make
 119-6   an agreement, subject to the approval of the governor, with another
 119-7   state to allow for registration by reciprocity.
 119-8         Sec. 2D.  PROVISIONAL REGISTRATION.  (a)  The board may issue
 119-9   a provisional certificate of registration to an applicant for
119-10   registration as a massage therapist or massage therapy instructor
119-11   currently licensed or registered in another jurisdiction who seeks
119-12   a certificate of registration in this state and who:
119-13               (1)  has been licensed or registered in good standing
119-14   as a massage therapist or massage therapy instructor, as
119-15   applicable, for at least two years in another jurisdiction,
119-16   including a foreign country, that has licensing or registration
119-17   requirements substantially equivalent to the requirements of this
119-18   Act;
119-19               (2)  has passed a national or other examination
119-20   recognized by the board relating to the practice of massage
119-21   therapy; and
119-22               (3)  is sponsored by a person registered by the board
119-23   under this Act with whom the provisional registrant will practice
119-24   during the time the person holds a provisional certificate of
119-25   registration.
119-26         (b)  The board may waive the requirement of Subsection (a)(3)
119-27   for an applicant if the board determines that compliance with that
 120-1   subsection would be a hardship to the applicant.
 120-2         (c)  A provisional certificate of registration is valid until
 120-3   the date the board approves or denies the provisional registrant's
 120-4   application for registration.  The board shall issue a certificate
 120-5   of registration under this Act to the provisional registrant if:
 120-6               (1)  the provisional registrant is eligible to be
 120-7   certified under Section 2C of this Act; or
 120-8               (2)  the provisional registrant passes the part of the
 120-9   examination under Section  7 of this Act that relates to the
120-10   applicant's knowledge and understanding of the laws and rules
120-11   relating to the practice of massage therapy in this state and:
120-12                     (A)  the board verifies that the provisional
120-13   registrant meets the academic and experience requirements for
120-14   registration under this Act; and
120-15                     (B)  the provisional registrant satisfies any
120-16   other registration requirements under this Act.
120-17         (d)  The board must approve or deny a provisional
120-18   registrant's application for a certificate of registration not
120-19   later than the 180th day after the date the provisional certificate
120-20   of registration is issued. The board may extend the 180-day period
120-21   if the results of an examination have not been received by the
120-22   board before the end of that period.
120-23         (e)  The board may establish a fee for provisional
120-24   certificates of registration in an amount reasonable and necessary
120-25   to cover the cost of issuing the certificate of registration.
120-26         SECTION 18.03.  Chapter 752, Acts of the  69th Legislature,
120-27   Regular Session, 1985 (Article 4512k, Vernon's Texas Civil
 121-1   Statutes), is amended by adding Sections 7E, 7F, and 7G to read as
 121-2   follows:
 121-3         Sec. 7E.  NOTIFICATION OF EXAMINATION RESULTS.  (a)  Not
 121-4   later than the 30th day after the date a person takes a
 121-5   registration examination under this Act, the department shall
 121-6   notify the person of the results of the examination.
 121-7         (b)  If the examination is graded or reviewed by a  testing
 121-8   service:
 121-9               (1)  the department shall notify the person of the
121-10   results of the examination not later than the 14th day after the
121-11   date the department receives the results from the testing service;
121-12   and
121-13               (2)  if notice of the examination results will be
121-14   delayed for longer than 90 days after the examination date, the
121-15   department shall notify the person of the reason for the delay
121-16   before the 90th day.
121-17         (c)  The department may require a testing service to notify a
121-18   person of the results of the person's examination.
121-19         (d)  If requested in writing by a person who fails a
121-20   registration examination administered under this Act, the
121-21   department shall furnish the person with an analysis of the
121-22   person's performance on the examination.
121-23         Sec. 7F.  RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING
121-24   BY REGISTRANT.  (a)  The board may not adopt rules restricting
121-25   advertising or competitive bidding by a registrant except to
121-26   prohibit false, misleading, or deceptive practices.
121-27         (b)  In its rules to prohibit false, misleading, or deceptive
 122-1   practices, the board may not include a rule that:
 122-2               (1)  restricts the use of any medium for advertising;
 122-3               (2)  restricts the use of a registrant's personal
 122-4   appearance or voice in an advertisement;
 122-5               (3)  relates to the size or duration of an
 122-6   advertisement by the registrant; or
 122-7               (4)  restricts the registrant's advertisement under a
 122-8   trade name.
 122-9         Sec. 7G.  CONTINUING EDUCATION.  The board shall recognize,
122-10   prepare, or administer continuing education programs for its
122-11   registrants.  A registrant must participate in the programs to the
122-12   extent required by the board to keep the person's certificate of
122-13   registration.
122-14         SECTION 18.04.  Sections 11 and 12, Chapter 752, Acts of the
122-15   69th Legislature, Regular Session, 1985 (Article 4512k, Vernon's
122-16   Texas Civil Statutes), are amended to read as follows:
122-17         Sec. 11.  REGISTRATION, DENIAL, PROBATION, SUSPENSION, OR
122-18   REVOCATION.  (a)  The board [department] may refuse to issue a
122-19   registration certificate to an applicant and shall[, may] suspend,
122-20   [or] revoke, or refuse to renew a registration certificate, or
122-21   shall reprimand a registrant [may place a registered person,
122-22   including a massage school, massage therapy instructor, or massage
122-23   establishment, on probation] for any of the following causes:
122-24               (1)  obtaining a certificate by means of fraud,
122-25   misrepresentation, or concealment of material facts;
122-26               (2)  selling, bartering, or offering [offer] to sell or
122-27   barter a registration certificate;
 123-1               (3)  violating any rule adopted by the board;
 123-2               (4)  engaging in unprofessional conduct that has
 123-3   endangered or is likely to endanger the health, welfare, or safety
 123-4   of the public as defined by the rules established by the board;
 123-5               (5)  violating a regulation adopted by a political
 123-6   subdivision under Chapter 243, Local Government Code; or
 123-7               (6)  violating any provisions of this Act.
 123-8         (b)  The board may place on probation a person, including a
 123-9   massage school, massage therapy instructor, or massage
123-10   establishment, whose registration certificate is suspended.  If a
123-11   registration suspension is probated, the board may require the
123-12   person:
123-13               (1)  to report regularly to the department on matters
123-14   that are the basis of the probation;
123-15               (2)  to limit practice to the areas prescribed by the
123-16   board; or
123-17               (3)  to continue or review professional education until
123-18   the person attains a degree of skill satisfactory to the board in
123-19   those areas that are the basis of the probation.
123-20         (c)  An individual who has been convicted of, entered a plea
123-21   of nolo contendere or guilty to, or received deferred adjudication
123-22   to crimes or offenses involving prostitution or sexual offenses is
123-23   ineligible for registration as a massage therapist, massage therapy
123-24   instructor, massage school, or massage establishment. The
123-25   department shall revoke the registration of a person registered as
123-26   a massage therapist or massage therapy instructor who is convicted
123-27   of, enters a plea of nolo contendere or guilty to, or receives
 124-1   deferred adjudication to a crime or offense involving prostitution
 124-2   or other sexual offenses, or who the department determines has
 124-3   practiced or administered massage therapy at or for a sexually
 124-4   oriented business.  The department shall revoke the registration of
 124-5   a person registered as a massage school or massage establishment if
 124-6   the department determines that the school or establishment is a
 124-7   sexually oriented business, or that a crime or offense involving
 124-8   prostitution or other sexual offenses and resulting in a
 124-9   conviction, or to which a plea of nolo contendere or guilty was
124-10   entered or deferred adjudication was received, has occurred on the
124-11   premises of the school or establishment.
124-12         (d) [(c)]  A person whose application for registration is
124-13   denied, who has been reprimanded, or whose registration is
124-14   suspended or revoked is entitled to a hearing before the department
124-15   if the person submits a written request to the department.
124-16   Hearings are governed by department rules for a contested hearing
124-17   and by Chapter 2001, Government Code [the Administrative Procedure
124-18   and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
124-19   Statutes)].
124-20         (e) [(d)]  A person convicted of a violation of this Act is
124-21   ineligible for registration as a massage therapist, massage therapy
124-22   instructor, massage school, or massage establishment for a period
124-23   of five years.
124-24         Sec. 12.  RENEWAL OF REGISTRATION.  (a)  Registration under
124-25   this Act is subject to periodic renewal and expires unless the
124-26   registered person submits an application for renewal accompanied by
124-27   the renewal fee prescribed by the department or by the late fee
 125-1   prescribed by this section.
 125-2         (b)  The department shall adopt a system under which
 125-3   registrations expire and are renewed on various dates of the year.
 125-4   Initial registration fees shall be prorated so that a registered
 125-5   person pays only for that part of the renewal period for which the
 125-6   registration is issued until the expiration date of the
 125-7   registration.
 125-8         (c)  A person who is otherwise eligible to renew a
 125-9   registration may renew an unexpired registration by paying the
125-10   required renewal fee to the department before the expiration date
125-11   of the registration. A person whose registration has expired may
125-12   not engage in activities that require registration until the
125-13   registration has been renewed.
125-14         (d)  A person whose  registration has been expired for 90
125-15   days or less may renew the registration  by paying to the
125-16   department a renewal fee that is equal to 1-1/2 times the normally
125-17   required renewal fee.
125-18         (e)  A person whose  registration has been expired for more
125-19   than 90 days but less than one year may renew the registration by
125-20   paying to the department a renewal fee that is equal to two times
125-21   the normally required renewal fee.
125-22         (f)  A person whose  registration has been expired for one
125-23   year or more may not renew the registration. The person may
125-24   register by complying with the requirements and procedures,
125-25   including the examination requirements, for originally registering.
125-26         (g)  A person who was registered in this state, moved to
125-27   another state, and is currently registered or licensed and has been
 126-1   in practice in the other state for the two years preceding the date
 126-2   of application may register without reexamination.  The person must
 126-3   pay to the department a fee that is equal to two times the normally
 126-4   required renewal fee for registration.
 126-5         (h)  Not later than the 30th day before the date a person's
 126-6   registration is scheduled to expire, the department shall send
 126-7   written notice of the impending expiration to the person at the
 126-8   person's last known address according to the records of the
 126-9   department. [A person registered under this Act who does not renew
126-10   registration by the expiration date may renew the registration not
126-11   later than the first anniversary of the expiration date by meeting
126-12   the requirements set forth in this section and paying a late
126-13   penalty fee.]
126-14         [(d)  The registration of a person who fails to meet the
126-15   renewal requirements of this section is void.  Such a person must
126-16   submit a new application, pay the appropriate fees, and meet the
126-17   current requirements for registration.]
126-18    ARTICLE 19.  STANDARD SUNSET REVIEW PROVISIONS AND CERTAIN OTHER
126-19      PROVISIONS APPLICABLE TO STATE REGULATION INVOLVING EMERGENCY
126-20                            MEDICAL SERVICES
126-21         SECTION 19.01.  Subchapter A, Chapter 773, Health and Safety
126-22   Code, is amended by adding Section 773.012 to read as follows:
126-23         Sec. 773.012.  ADVISORY COUNCIL.  (a)  The governor shall
126-24   appoint an advisory council to advise the board regarding matters
126-25   related to the responsibilities of the board, commissioner, and
126-26   department under this chapter.
126-27         (b)  The advisory council is composed of the following 15
 127-1   members appointed by the governor:
 127-2               (1)  a board-certified emergency physician, appointed
 127-3   from a list of names recommended by a statewide professional
 127-4   association of emergency physicians;
 127-5               (2)  a licensed physician who is an emergency medical
 127-6   services medical director, appointed from a list of names
 127-7   recommended by a statewide professional association of emergency
 127-8   medical services medical directors;
 127-9               (3)  a fire chief for a municipality that provides
127-10   emergency medical services, appointed from a list of names
127-11   recommended by a statewide fire chiefs association;
127-12               (4)  an officer or employee of a private provider of
127-13   emergency medical services who is involved with the development of
127-14   a Texas Trauma System, appointed from a list of names recommended
127-15   by a statewide association of private providers of emergency
127-16   medical services;
127-17               (5)  a volunteer who provides emergency medical
127-18   services, appointed from a list of names recommended by a statewide
127-19   association of volunteers;
127-20               (6)  an educator in the field of emergency medical
127-21   services;
127-22               (7)  a member of an emergency medical services air
127-23   medical team or unit, appointed from a list of names recommended by
127-24   a statewide emergency medical services air medical association;
127-25               (8)  a representative of a fire department that
127-26   provides emergency medical services, appointed from a list of names
127-27   recommended by a statewide association of firefighters;
 128-1               (9)  a representative of hospitals who is affiliated
 128-2   with a hospital that is a designated trauma facility in an urban
 128-3   community, appointed from a list of names recommended by a
 128-4   statewide association of hospitals;
 128-5               (10)  a representative of hospitals, who is affiliated
 128-6   with a hospital that is a designated trauma facility in a rural
 128-7   community, appointed from a list of names recommended by a
 128-8   statewide association of hospitals;
 128-9               (11)  a representative of a county provider of
128-10   emergency medical services;
128-11               (12)  one licensed physician who is a pediatrician with
128-12   trauma or emergency care expertise;
128-13               (13)  one trauma surgeon or one registered nurse with
128-14   trauma expertise; and
128-15               (14)  two representatives of the general public who are
128-16   not qualified to serve under another subdivision of this
128-17   subsection.
128-18         (c)  A person may not be a public member of the advisory
128-19   council  if the person or the person's spouse:
128-20               (1)  is registered, certified, or licensed by a
128-21   regulatory agency in the field of emergency medical services;
128-22               (2)  is employed by or participates in the management
128-23   of a business entity or other organization regulated by or
128-24   receiving money from the department;
128-25               (3)  owns or controls, directly or indirectly, more
128-26   than a 10 percent interest in a business entity or other
128-27   organization regulated by or receiving money from the department;
 129-1   or
 129-2               (4)  uses or receives a substantial amount of tangible
 129-3   goods, services, or money from the department other than
 129-4   reimbursement authorized by law for advisory council  membership,
 129-5   attendance, or expenses.
 129-6         (d)  In this subsection, "Texas trade association" means a
 129-7   cooperative and voluntarily joined association of business or
 129-8   professional competitors in this state designed to assist its
 129-9   members and its industry or profession in dealing with mutual
129-10   business or professional problems and in promoting their common
129-11   interest.  A person may not be a member of the advisory council if:
129-12               (1)  the person is an officer, employee, or paid
129-13   consultant of a Texas trade association in the field of  emergency
129-14   medical services; or
129-15               (2)  the person's spouse is an officer, manager, or
129-16   paid consultant of a Texas trade association in the field of
129-17   emergency medical services.
129-18         (e)  A person may not be a member of the advisory council if
129-19   the person is required to register as a lobbyist under Chapter 305,
129-20   Government Code, because of the person's activities for
129-21   compensation on behalf of a profession related to the operation of
129-22   the department.
129-23         (f)  Members of the advisory council serve staggered six-year
129-24   terms with the terms of five members expiring January 1 of each
129-25   even-numbered year. A vacancy on the advisory council is filled in
129-26   the same manner as the original appointment for the unexpired term.
129-27         (g)  The governor shall appoint the presiding officer of the
 130-1   advisory council.
 130-2         (h)  A member of the advisory council serves without
 130-3   compensation. Chapter 2110, Government Code, does not apply to the
 130-4   size, composition, or duration of the advisory council.
 130-5         (i)  The advisory council shall meet at least quarterly in
 130-6   the city of Austin. The advisory council shall meet as provided by
 130-7   procedural rules adopted by the advisory council or at the call of
 130-8   the presiding officer. The advisory council may appoint committees
 130-9   it considers necessary to perform its duties.
130-10         (j)  The advisory council periodically shall review board
130-11   rules relating to this chapter and may recommend changes in those
130-12   rules to the board.  The board and the commissioner shall ensure
130-13   that the advisory council is given adequate time and opportunity to
130-14   review and comment on each rule proposed for adoption by the board
130-15   under this chapter, including the amendment or repeal of an
130-16   existing rule, but not including an emergency rule.
130-17         SECTION 19.02.  Section 773.050, Health and Safety Code, is
130-18   amended by amending Subsection (b) and adding Subsection (f) to
130-19   read as follows:
130-20         (b)  The board by rule shall establish minimum standards for:
130-21               (1)  staffing an advanced life-support emergency
130-22   medical services vehicle, a mobile intensive-care unit, or a
130-23   specialized emergency medical services vehicle;
130-24               (2)  emergency medical services personnel certification
130-25   and performance, including provisional certification,
130-26   certification, decertification, recertification, suspension,
130-27   emergency suspension, and probation;
 131-1               (3)  the approval of courses and training programs, the
 131-2   certification of program instructors, examiners, and course
 131-3   coordinators for emergency medical services personnel training, and
 131-4   the revocation and probation of an approval or certification;
 131-5               (4)  [continuing education programs and] examinations
 131-6   of emergency medical services personnel;
 131-7               (5)  medical supervision of basic and advanced
 131-8   life-support systems;
 131-9               (6)  granting, suspending, and revoking a license for
131-10   emergency medical services providers; and
131-11               (7)  emergency medical services vehicles.
131-12         (f)  The board shall recognize, prepare, or administer
131-13   continuing education programs for certified personnel. A
131-14   certificate holder must participate in the programs to the extent
131-15   required by the board to remain certified.
131-16         SECTION 19.03.  Subchapter C, Chapter 773, Health and Safety
131-17   Code, is amended by adding Section 773.0505 to read as follows:
131-18         Sec. 773.0505.  RULES REGARDING ADVERTISING OR COMPETITIVE
131-19   BIDDING.  (a)  The board may not adopt rules restricting
131-20   advertising or competitive bidding by a license or certificate
131-21   holder except to prohibit false, misleading, or deceptive
131-22   practices.
131-23         (b)  In its rules to prohibit false, misleading, or deceptive
131-24   practices, the board may not include a rule that:
131-25               (1)  restricts the use of any medium for advertising;
131-26               (2)  restricts the use of a license or certificate
131-27   holder's personal appearance or voice in an advertisement;
 132-1               (3)  relates to the size or duration of an
 132-2   advertisement by the license or certificate holder; or
 132-3               (4)  restricts the license or certificate holder's
 132-4   advertisement under a trade name.
 132-5         SECTION 19.04.  Section 773.055, Health and Safety Code, is
 132-6   amended by adding Subsections (g) and (h) to read as follows:
 132-7         (g)  The board by rule may adopt a system under which
 132-8   certificates expire on various dates during the year.  For the year
 132-9   in which the certificate expiration date is changed, the department
132-10   shall prorate certificate fees on a monthly basis so that each
132-11   certificate holder pays only that portion of the certificate fee
132-12   that is allocable to the number of months during which the
132-13   certificate is valid. On renewal of the certificate on the new
132-14   expiration date, the total certificate renewal fee is payable.
132-15         (h)  The department shall ensure that the written
132-16   examinations and any other tests that the department requires a
132-17   person to take and pass to obtain or retain certification as
132-18   emergency medical services personnel shall be administered during
132-19   the course of a year at various locations around the state so that
132-20   a person who resides in any part of the state will be able to take
132-21   the examinations or tests without having to travel a distance that
132-22   as a practical matter requires either travel by air or an overnight
132-23   stay.
132-24         SECTION 19.05.  Section 773.059, Health and Safety Code, is
132-25   amended to read as follows:
132-26         Sec. 773.059.  LATE RECERTIFICATION.  (a)  A person who is
132-27   otherwise eligible to renew a  certificate may renew an unexpired
 133-1   certificate by paying the required renewal fee to the department
 133-2   before the expiration date of the certificate. A person whose
 133-3   certificate has expired may not engage in activities that require
 133-4   certification until the certificate has been renewed.
 133-5         (b)  A person whose  certificate has been expired for 90 days
 133-6   or less may renew the certificate  by paying to the department a
 133-7   renewal fee that is equal to 1-1/2 times the normally required
 133-8   renewal fee.
 133-9         (c)  A person whose  certificate has been expired for more
133-10   than 90 days but less than one year may renew the certificate by
133-11   paying to the department a renewal fee that is equal to two times
133-12   the normally required renewal fee.
133-13         (d)  A person whose certificate has been expired for one year
133-14   or more may not renew the certificate.  The person may become
133-15   certified by complying with the requirements and procedures,
133-16   including the examination requirements, for an original
133-17   certification.
133-18         (e)  A person who was certified in this state, moved to
133-19   another state, and is currently certified or licensed and has been
133-20   in practice in the other state for the two years preceding the date
133-21   of application may become certified without reexamination.  The
133-22   person must pay to the department a fee that is equal to two times
133-23   the normally required renewal fee for certification.
133-24         (f)  Not later than the 30th day before the date a person's
133-25   certificate is scheduled to expire, the department shall send
133-26   written notice of the impending expiration to the person at the
133-27   person's last known address according to the records of the
 134-1   department.
 134-2         (g)  [Except as provided by Subsection (b), a person applying
 134-3   for recertification whose application is received after the
 134-4   expiration date of the person's certificate must pay a late fee of
 134-5   $25.]
 134-6         [(b)]  A person certified by the department who is deployed
 134-7   in support of military, security, or other action by the United
 134-8   Nations Security Council, a national emergency declared by the
 134-9   president of the United States, or a declaration of war by the
134-10   United States Congress is eligible for recertification under
134-11   Section 773.050 on the person's demobilization for one calendar
134-12   year after the date of demobilization.
134-13         SECTION 19.06.  Section 773.061, Health and Safety Code, is
134-14   amended to read as follows:
134-15         Sec. 773.061.  DISCIPLINARY ACTIONS.  (a)  For a violation of
134-16   this chapter or a rule adopted under this chapter, the department
134-17   shall revoke, suspend, or refuse to renew a license or certificate
134-18   of or shall reprimand [may]:
134-19               (1)  [decertify, suspend, place on emergency
134-20   suspension, or place on probation] emergency medical services
134-21   personnel;
134-22               (2)  [revoke or place on probation course or training
134-23   program approval;]
134-24               [(3)  revoke, suspend, or place on probation the
134-25   certificate of] a program instructor, examiner, or course
134-26   coordinator; and
134-27               (3) [(4)  revoke, suspend, or place on probation] an
 135-1   emergency medical services provider license holder.
 135-2         (b)  For a violation of this chapter or a rule adopted under
 135-3   this chapter, the department shall revoke, suspend, or refuse to
 135-4   renew approval of a course or training program.
 135-5         (c)  For a violation of this chapter or a rule adopted under
 135-6   this chapter, the department may place on emergency suspension
 135-7   emergency medical services personnel.
 135-8         (d)  The department may place on probation a course or
 135-9   training program or a person, including emergency medical services
135-10   personnel, an emergency medical services provider license holder,
135-11   or a program instructor, examiner, or course coordinator, whose
135-12   certificate, license, or approval is suspended.  If a suspension is
135-13   probated, the department may require the person or the sponsor of a
135-14   course or training program, as applicable:
135-15               (1)  to report regularly to the department on matters
135-16   that are the basis of the probation;
135-17               (2)  to limit practice to the areas prescribed by the
135-18   board; or
135-19               (3)  to continue or review professional education until
135-20   the person attains a degree of skill satisfactory to the department
135-21   in those areas that are the basis of the probation.
135-22         (e)  Except as provided by Section 773.062, the procedures by
135-23   which the department takes action under this section and the
135-24   procedures by which that action is appealed are governed by the
135-25   procedures for a contested case hearing under Chapter 2001,
135-26   Government Code.
135-27         SECTION 19.07.  Sections 773.122(a), (c), (d), and (f),
 136-1   Health and Safety Code, are amended to read as follows:
 136-2         (a)  The commissioner, with advice and counsel from the
 136-3   chairpersons of the trauma service area regional advisory councils,
 136-4   shall use money  in the emergency medical services and trauma care
 136-5   system fund established under Section 773.121 to fund [county and]
 136-6   regional emergency medical services and trauma care systems in
 136-7   accordance with this section.
 136-8         (c)  In any fiscal year the commissioner shall use at least
 136-9   70 percent of the appropriated money remaining in the emergency
136-10   medical services and trauma care system fund, after any amount
136-11   necessary to maintain the reserve established by Subsection (b) is
136-12   deducted, to fund, in connection with an effort to provide
136-13   coordination with the appropriate trauma service [support] area,
136-14   the cost of supplies, operational  expenses, education and
136-15   training, equipment, vehicles, and communications systems for local
136-16   emergency medical services.  The money shall be distributed on
136-17   behalf of  eligible recipients in each county to the trauma service
136-18   area regional advisory council for that county, if the regional
136-19   advisory  council is incorporated as an entity that is exempt from
136-20   federal income tax under Section 501(a), Internal Revenue Code of
136-21   1986, and its subsequent amendments, by being listed as an exempt
136-22   organization under Section 501(c)(3) of the code.  For a county for
136-23   which the regional advisory council is not incorporated as such an
136-24   entity, the money shall be distributed to the county [to counties]
136-25   on behalf of eligible recipients.  The [A county's] share of the
136-26   money allocated to the eligible recipients in a county's geographic
136-27   area shall be based on the relative geographic size and population
 137-1   of the county and on the relative number of emergency or trauma
 137-2   care runs performed by eligible recipients in the county. Money
 137-3   that is not disbursed by  a regional advisory council or a county
 137-4   to eligible recipients for approved functions by the end of the
 137-5   fiscal year in which the funds were disbursed [to the county] shall
 137-6   be returned to the fund to be used in accordance with Subsection
 137-7   (f).
 137-8         (d)  In any fiscal year, the commissioner may use not more
 137-9   than 25 percent of the appropriated money remaining in the
137-10   emergency medical services and trauma care system fund, after any
137-11   amount necessary to maintain the reserve established by Subsection
137-12   (b) is deducted, for operation of the 22 trauma service [support]
137-13   areas and for equipment, communications, and education and training
137-14   for the areas.  Money distributed under this subsection shall be
137-15   distributed on behalf of eligible recipients in each county to the
137-16   trauma service area regional advisory council for that county, if
137-17   the regional advisory council is incorporated as an entity that is
137-18   exempt from federal income tax under Section 501(a), Internal
137-19   Revenue Code of 1986, and its subsequent amendments, by being
137-20   listed as an exempt organization under Section 501(c)(3) of the
137-21   code.  For a county for which the regional advisory council is not
137-22   incorporated as such an entity, the money shall be distributed to
137-23   the county in which the chairperson of an area's regional advisory
137-24   council sits on behalf of eligible recipients.  A regional advisory
137-25   council's share of money distributed under this section shall be
137-26   based on the relative geographic size and population of each trauma
137-27   service [support] area and on the relative amount of trauma care
 138-1   provided.  Money that is not disbursed by a regional advisory
 138-2   council or county to eligible recipients for approved functions by
 138-3   the end of the fiscal year in which the funds were disbursed [to
 138-4   the county]  shall be returned to the fund to be used in accordance
 138-5   with Subsection (f).
 138-6         (f)  In any fiscal year, the commissioner shall use at least
 138-7   two percent of the appropriated money remaining in the emergency
 138-8   medical services and trauma care system fund after any amount
 138-9   necessary to maintain the reserve established by Subsection (b) is
138-10   deducted and the money in the fund not otherwise distributed under
138-11   this section to fund a portion of the uncompensated trauma care
138-12   provided at facilities designated as state trauma facilities by the
138-13   department.  A regional advisory council chairperson may petition
138-14   the department for disbursement of funds to a trauma center in the
138-15   chairperson's trauma service [support] area that has suffered
138-16   deleterious effects due to uncompensated trauma care.  Funds may be
138-17   disbursed under this subsection based on a proportionate share of
138-18   uncompensated trauma care provided in the state and may be used to
138-19   fund innovative projects to enhance the delivery of patient care in
138-20   the overall emergency medical services and trauma care system.
138-21         SECTION 19.08.  Sections 773.123(a) and (b), Health and
138-22   Safety Code, are amended to read as follows:
138-23         (a)  Except as provided by Subsection (b), money distributed
138-24   from the emergency medical services and trauma care system fund
138-25   shall be used in accordance with Section 773.122 on the
138-26   authorization of:
138-27               (1)  the executive committee of the trauma service area
 139-1   regional advisory council, in those regions where the money is
 139-2   distributed on behalf of eligible recipients to the regional
 139-3   advisory council; and
 139-4               (2)  the chief executive of the county to which the
 139-5   money is disbursed on vouchers issued by the county's treasurer.
 139-6         (b)  In a county with a population of 291,000 or more for
 139-7   which[,] money distributed from the emergency medical services and
 139-8   trauma care system fund is not distributed to a trauma service area
 139-9   regional advisory council, the money shall be used in accordance
139-10   with Section 773.122 on the joint authorization of the chief
139-11   executive of the county to which the money is disbursed and the
139-12   mayor of the principal municipality in that county on vouchers
139-13   issued by the county's treasurer.
139-14         SECTION 19.09.  Section 773.124, Health and Safety Code, is
139-15   amended to read as follows:
139-16         Sec. 773.124.  LOSS OF FUNDING ELIGIBILITY.  For a period of
139-17   not less than one year or more than three years, as determined by
139-18   the department, the department may not disburse money under Section
139-19   773.122 to a trauma service area regional advisory council, county,
139-20   municipality, or local recipient that the department finds used
139-21   money in violation of that section.
139-22         SECTION 19.10.  Chapter 773, Health and Safety Code, is
139-23   amended by adding Subchapter F to read as follows:
139-24          SUBCHAPTER F. MEDICAL INFORMATION PROVIDED BY CERTAIN
139-25                  EMERGENCY MEDICAL SERVICES OPERATORS
139-26         Sec. 773.141.  DEFINITIONS.  In this subchapter:
139-27               (1)  "Emergency call" means a telephone call or other
 140-1   similar communication from a member of the public, as part of a
 140-2   9-1-1 system or otherwise, made to obtain emergency medical
 140-3   services.
 140-4               (2)  "Emergency medical services operator" means a
 140-5   person who, as a volunteer or employee of a public agency, as that
 140-6   term is defined by Section 771.001, receives emergency calls.
 140-7         Sec. 773.142.  APPLICATION OF SUBCHAPTER.  This subchapter
 140-8   does not apply to a physician or other licensed person who may
 140-9   provide medical information under law.
140-10         Sec. 773.143.  PROVISION OF MEDICAL INFORMATION.  An
140-11   emergency medical services operator may provide medical information
140-12   to a member of the public during an emergency call if:
140-13               (1)  the operator has successfully completed an
140-14   emergency medical services operator training program and holds a
140-15   certificate issued under Section 773.144; and
140-16               (2)  the information provided substantially conforms to
140-17   the protocol for delivery of the information adopted by the board
140-18   under Section 773.145.
140-19         Sec. 773.144.  TRAINING PROGRAMS.  (a)  The department may
140-20   offer emergency medical services operator training programs and may
140-21   approve training programs offered by other persons. The board by
140-22   rule shall establish minimum standards for approval of training
140-23   programs and certification and decertification of program
140-24   instructors.
140-25         (b)  The provider of an emergency medical services operator
140-26   training program shall issue an emergency medical services operator
140-27   a certificate evidencing completion of the training program.  The
 141-1   board by rule may require that, before issuance of the certificate,
 141-2   the operator successfully complete an examination administered by
 141-3   the board, by the provider of the training program, or by another
 141-4   person.
 141-5         (c)  The board by rule may provide that a certificate  issued
 141-6   under Subsection (b) expires at the end of a specified period not
 141-7   less than one year after the date on which the certificate is
 141-8   issued and may adopt requirements, including additional training or
 141-9   examination, for renewal of the certificate.
141-10         (d)  The board by rule may adopt other requirements relating
141-11   to emergency medical services operator training programs.  The
141-12   establishment of minimum standards under this section does not
141-13   prohibit the entity that is employing or accepting the volunteer
141-14   services of the emergency medical services operator from imposing
141-15   additional training standards or procedures.
141-16         Sec. 773.145.  MEDICAL INFORMATION.  The board by rule shall
141-17   adopt a protocol that must be used to provide medical information
141-18   under Section 773.143. The protocol may include the use of a
141-19   flash-card system or other similar system designed to make the
141-20   information readily accessible to the emergency medical services
141-21   operator in an understandable form.
141-22         Sec. 773.146.  LIMITATION ON CIVIL LIABILITY.  (a)  An
141-23   emergency medical services operator who holds a certificate under
141-24   Section 773.144 is not liable for damages that arise from the
141-25   provision of medical information according to the protocol adopted
141-26   under Section 773.145 if the information is provided in good faith.
141-27   This subsection does not apply to an act or omission of the
 142-1   operator that constitutes gross negligence, recklessness, or
 142-2   intentional misconduct.  This subsection does not affect any
 142-3   liability imposed on a public agency for the conduct of the
 142-4   emergency medical services operator under Section 101.062, Civil
 142-5   Practice and Remedies Code.
 142-6         (b)  Section 101.062, Civil Practice and Remedies Code,
 142-7   governs the liability of a public agency the employees or
 142-8   volunteers of which provide medical information under this
 142-9   subchapter.
142-10         Sec. 773.147.  FEES.  (a)  The board by rule may adopt fees
142-11   for:
142-12               (1)  training programs provided by the board under
142-13   Section 773.144; and
142-14               (2)  the approval of program instructors and of
142-15   training programs offered by other persons.
142-16         (b)  The fees adopted under this section may not exceed the
142-17   amount necessary for the department to recover the cost of
142-18   administering this subchapter.
142-19         SECTION 19.11.  The Texas Board of Health shall abolish any
142-20   advisory body created by rule to perform the functions assigned to
142-21   the advisory council created by Section 773.012, Health and Safety
142-22   Code, as added by this Act.
142-23         SECTION 19.12.  The change in law made by this Act to
142-24   Sections 773.122, 773.123, and 773.124, Health and Safety Code,
142-25   applies only to distributions made from the emergency medical
142-26   services and trauma care system fund established under Section
142-27   773.121, Health and Safety Code, that are made on or after that
 143-1   date.  Distributions from the fund that are made before the
 143-2   effective date of this Act are governed by the law as it existed
 143-3   immediately before that date, and that law is continued in effect
 143-4   for that purpose.
 143-5         SECTION 19.13.  (a)  Subchapter F, Chapter 773, Health and
 143-6   Safety Code, as added by this Act, applies only to the provision of
 143-7   medical information by an emergency medical services operator, as
 143-8   that term is defined by Section 773.141, Health and Safety Code, as
 143-9   added by this Act, on or after January 1, 2000.  The provision of
143-10   medical information before January 1, 2000,  is governed by the law
143-11   as it existed immediately before the effective date of this Act,
143-12   and that law is continued in effect for that purpose.
143-13         (b)  The Texas Board of Health shall adopt rules necessary
143-14   for the implementation of Subchapter F, Chapter 773, Health and
143-15   Safety Code, as added by this Act, not later than December 1, 1999.
143-16    ARTICLE 20.  STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE
143-17            REGULATION OF CERTAIN ASBESTOS-RELATED ACTIVITIES
143-18         SECTION 20.01.  The Texas Asbestos Health Protection Act
143-19   (Article 4477-3a, Vernon's Texas Civil Statutes) is amended by
143-20   adding Section 5A to read as follows:
143-21         Sec. 5A.  PROVISIONAL LICENSE OR REGISTRATION.  (a)  The
143-22   department may provisionally license or register an applicant
143-23   currently licensed or registered in another jurisdiction who seeks
143-24   a license or registration in this state and who:
143-25               (1)  has been licensed or registered in good standing
143-26   to perform the relevant asbestos-related activity for at least two
143-27   years in another jurisdiction, including a foreign country, that
 144-1   has licensing or registration requirements substantially equivalent
 144-2   to the requirements of this Act;
 144-3               (2)  has passed a national or other examination
 144-4   recognized by the department relating to the relevant
 144-5   asbestos-related activity, if the department requires an
 144-6   examination under Subsection (h) of Section 10 of this Act to
 144-7   obtain the license or registration required to perform that
 144-8   activity; and
 144-9               (3)  is sponsored by a person licensed by the
144-10   department under this Act with whom the provisional license or
144-11   registration holder will practice during the time the person holds
144-12   a provisional license or registration.
144-13         (b)  The department may waive the requirement of Subsection
144-14   (a)(3) for an applicant if the department determines that
144-15   compliance with that subsection would be a hardship to the
144-16   applicant.
144-17         (c)  A provisional license or registration is valid until the
144-18   date the department approves or denies the provisional license or
144-19   registration holder's application for licensing or registration.
144-20   The department shall issue a license or registration under this Act
144-21   to the provisional license or registration holder if:
144-22               (1)  the provisional license or registration holder is
144-23   eligible to be licensed or registered under Subsection (j) of
144-24   Section 12 of this Act; or
144-25               (2)  the provisional license or registration holder
144-26   passes the part of the examination under Subsection (h) of Section
144-27   10 of this Act that relates to the applicant's knowledge and
 145-1   understanding of the laws and rules relating to the performance of
 145-2   the relevant asbestos-related activity in this state, if the
 145-3   department requires an examination under Subsection (h) of Section
 145-4   10 of this Act to obtain the license or registration required to
 145-5   perform that activity, and:
 145-6                     (A)  the department verifies that the provisional
 145-7   license or registration holder meets the relevant academic and
 145-8   experience requirements for the requested license or registration
 145-9   under this Act; and
145-10                     (B)  the provisional license or registration
145-11   holder  satisfies any other applicable licensing or registration
145-12   requirements under this Act.
145-13         (d)  The department must approve or deny a provisional
145-14   license or registration holder's application for a license or
145-15   registration not later than the 180th day after the date the
145-16   provisional license or registration is issued. The department may
145-17   extend the 180-day period if the results of an examination have not
145-18   been received by the department before the end of that period.
145-19         (e)  The department may establish a fee for a provisional
145-20   license or registration in an amount reasonable and necessary to
145-21   cover the cost of issuing the license or registration.
145-22         SECTION 20.02.  Section 6, Texas Asbestos Health Protection
145-23   Act (Article 4477-3a, Vernon's Texas Civil Statutes), is amended by
145-24   amending Subsections (a) and (f) and adding Subsections (g)-(k) to
145-25   read as follows:
145-26         (a)  A license issued under this Act expires on the first
145-27   anniversary of its effective date, unless the license is renewed
 146-1   for a one-year term as provided by this section.  The department by
 146-2   rule may adopt a system under which licenses expire on various
 146-3   dates during the year.  For the year in which the license
 146-4   expiration date is changed, the department shall prorate license
 146-5   fees on a monthly basis so that each license holder pays only that
 146-6   portion of the license fee that is allocable to the number of
 146-7   months during which the license is valid. On renewal of the license
 146-8   on the new expiration date, the total license renewal fee is
 146-9   payable.
146-10         (f)  A licensee may request a replacement license certificate
146-11   on completion of an appropriate application.  [The fee for
146-12   reissuance shall not exceed $50.]
146-13         (g)  A person whose license has expired may not engage in
146-14   activities that require a license until the license has been
146-15   renewed.
146-16         (h)  A person whose license has been expired for 90 days or
146-17   less may renew the license by paying to the department a renewal
146-18   fee that is equal to 1-1/2 times the normally required renewal fee.
146-19         (i)  A person whose license has been expired for more than 90
146-20   days but less than one year may renew the license by paying to the
146-21   department a renewal fee that is equal to two times the normally
146-22   required renewal fee.
146-23         (j)  A person whose license has been expired for one year or
146-24   more may not renew the license.  The person may obtain a new
146-25   license by complying with the requirements and procedures,
146-26   including the examination requirements, for obtaining an original
146-27   license.
 147-1         (k)  A person who was licensed in this state, moved to
 147-2   another state, and is currently licensed and has been in practice
 147-3   in the other state for the two years preceding the date of
 147-4   application may obtain a new license without reexamination.  The
 147-5   person must pay to the department a fee that is equal to two times
 147-6   the normally required renewal fee for the license.
 147-7         SECTION 20.03.  Section 8, Texas Asbestos Health Protection
 147-8   Act (Article 4477-3a, Vernon's Texas Civil Statutes), is amended by
 147-9   amending Subsection (a) and adding Subsection (g) to read as
147-10   follows:
147-11         (a)  After notice to the licensee and an opportunity for a
147-12   hearing, the department shall [may] reprimand the licensee or
147-13   modify, suspend, suspend on an emergency basis, or revoke a license
147-14   under this Act if an act or omission of the licensee meets the
147-15   criteria prescribed by the board under Subsection (c) of this
147-16   section.
147-17         (g)  The department may place on probation a person whose
147-18   license is suspended.  If a suspension is probated, the department
147-19   may require the person:
147-20               (1)  to report regularly to the department on matters
147-21   that are the basis of the probation;
147-22               (2)  to limit practice to the areas prescribed by the
147-23   board; or
147-24               (3)  to continue or review professional education until
147-25   the person attains a degree of skill satisfactory to the board in
147-26   those areas that are the basis of the probation.
147-27         SECTION 20.04.  Section 9, Texas Asbestos Health Protection
 148-1   Act (Article 4477-3a, Vernon's Texas Civil Statutes), is amended by
 148-2   amending Subsections (b) and (h) and adding Subsection (j) to read
 148-3   as follows:
 148-4         (b)  An application for registration or renewal as an
 148-5   asbestos worker must be made on a form provided by the department.
 148-6   An application for registration [or reregistration] must be
 148-7   accompanied by a nonrefundable fee set by the board in an amount
 148-8   not to exceed $50.
 148-9         (h)  After notice to the registrant and an opportunity for a
148-10   hearing in accordance with Section 11 of this Act, the department
148-11   shall [may] reprimand any registered worker or suspend, suspend on
148-12   an emergency basis, [or] revoke, or refuse to renew any
148-13   registration if the worker:
148-14               (1)  has fraudulently or deceptively assigned,
148-15   obtained, or attempted to assign or obtain a registration or
148-16   renewal; or
148-17               (2)  fails to comply with federal, state, or local
148-18   asbestos law or rule or with any order issued by the board or
148-19   department.
148-20         (j)  The department may place on probation a person whose
148-21   registration is suspended.  If a suspension is probated, the
148-22   department may require the person:
148-23               (1)  to report regularly to the department on matters
148-24   that are the basis of the probation;
148-25               (2)  to limit practice to the areas prescribed by the
148-26   board; or
148-27               (3)  to continue or review professional education until
 149-1   the person attains a degree of skill satisfactory to the board in
 149-2   those areas that are the basis of the probation.
 149-3         SECTION 20.05.  The Texas Asbestos Health Protection Act
 149-4   (Article 4477-3a, Vernon's Texas Civil Statutes) is amended by
 149-5   adding Section 10A to read as follows:
 149-6         Sec. 10A.  NOTIFICATION OF EXAMINATION RESULTS.  (a)  Not
 149-7   later than the 30th day after the date a person takes a licensing
 149-8   or registration examination under this Act, the department shall
 149-9   notify the person of the results of the examination.
149-10         (b)  If the examination is graded or reviewed by a  testing
149-11   service:
149-12               (1)  the department shall notify the person of the
149-13   results of the examination not later than the 14th day after the
149-14   date the department receives the results from the testing service;
149-15   and
149-16               (2)  if notice of the examination results will be
149-17   delayed for longer than 90 days after the examination date, the
149-18   department shall notify the person of the reason for the delay
149-19   before the 90th day.
149-20         (c)  The department may require a testing service to notify a
149-21   person of the results of the person's examination.
149-22         (d)  If requested in writing by a person who fails a
149-23   licensing or registration examination administered under this Act,
149-24   the department shall furnish the person with an analysis of the
149-25   person's performance on the examination.
149-26         SECTION 20.06.  The Texas Asbestos Health Protection Act
149-27   (Article 4477-3a, Vernon's Texas Civil Statutes) is amended by
 150-1   adding Section 12A to read as follows:
 150-2         Sec. 12A.  RULES REGARDING ADVERTISING OR COMPETITIVE
 150-3   BIDDING.  (a)  The board may not adopt rules restricting
 150-4   advertising or competitive bidding by a license or registration
 150-5   holder except to prohibit false, misleading, or deceptive
 150-6   practices.
 150-7         (b)  In its rules to prohibit false, misleading, or deceptive
 150-8   practices, the board may not include a rule that:
 150-9               (1)  restricts the use of any medium for advertising;
150-10               (2)  restricts the use of a license or registration
150-11   holder's personal appearance or voice in an advertisement;
150-12               (3)  relates to the size or duration of an
150-13   advertisement by the license or registration holder; or
150-14               (4)  restricts the license or registration holder's
150-15   advertisement under a trade name.
150-16    ARTICLE 21.  STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE
150-17            REGULATION OF CERTAIN LEAD-BASED PAINT ACTIVITIES
150-18         SECTION 21.01.  Chapter 332, Acts of the 74th Legislature,
150-19   Regular Session, 1995 (Article 9029, Vernon's Texas Civil
150-20   Statutes), is amended by adding Sections 3A and 3B to read as
150-21   follows:
150-22         Sec. 3A.  NOTIFICATION OF EXAMINATION RESULTS.  (a)  Not
150-23   later than the 30th day after the date a person takes any
150-24   certification or accreditation examination under this Act, the
150-25   department shall notify the person of the results of the
150-26   examination.
150-27         (b)  If an examination is graded or reviewed by a testing
 151-1   service:
 151-2               (1)  the department shall notify the person of the
 151-3   results of the examination not later than the 14th day after the
 151-4   date the department receives the results from the testing service;
 151-5   and
 151-6               (2)  if notice of the examination results will be
 151-7   delayed for longer than 90 days after the examination date, the
 151-8   department shall notify the person of the reason for the delay
 151-9   before the 90th day.
151-10         (c)  The department may require a testing service to notify a
151-11   person of the results of the person's examination.
151-12         (d)  If requested in writing by a person who fails a
151-13   certification or accreditation examination administered under this
151-14   Act, the department shall furnish the person with an analysis of
151-15   the person's performance on the examination.
151-16         Sec. 3B.  RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING.
151-17   (a)  The Texas Board of Health may not adopt rules restricting
151-18   advertising or competitive bidding by a certified or accredited
151-19   person except to prohibit false, misleading, or deceptive
151-20   practices.
151-21         (b)  In its rules to prohibit false, misleading, or deceptive
151-22   practices, the board may not include a rule that:
151-23               (1)  restricts the use of any medium for advertising;
151-24               (2)  restricts the use of a certified or accredited
151-25   person's personal appearance or voice in an advertisement;
151-26               (3)  relates to the size or duration of an
151-27   advertisement by the certified or accredited person; or
 152-1               (4)  restricts the certified or accredited person's
 152-2   advertisement under a trade name.
 152-3         SECTION 21.02.  Chapter 332, Acts of the 74th Legislature,
 152-4   Regular Session, 1995 (Article 9029, Vernon's Texas Civil
 152-5   Statutes), is amended by adding Sections 6A, 6B, and 6C to read as
 152-6   follows:
 152-7         Sec. 6A.  EXPIRATION DATES OF CERTIFICATION OR ACCREDITATION.
 152-8   The Texas Board of Health by rule may adopt a system under which
 152-9   certifications or accreditations expire on various dates during the
152-10   year.  For the year in which the expiration date is changed, the
152-11   department shall prorate certification or accreditation fees on a
152-12   monthly basis so that each certified or accredited person pays only
152-13   that portion of the certification or accreditation fee that is
152-14   allocable to the number of months during which the certification or
152-15   accreditation is valid. On renewal of the certification or
152-16   accreditation on the new expiration date, the total certification
152-17   or accreditation renewal fee is payable.
152-18         Sec. 6B.  RENEWAL OF CERTIFICATION OR ACCREDITATION.  (a)  A
152-19   person who is otherwise eligible to renew a  certification or
152-20   accreditation may renew an unexpired certification or accreditation
152-21   by paying the required renewal fee to the department before the
152-22   expiration date of the certification or accreditation. A person
152-23   whose certification or accreditation has expired may not engage in
152-24   activities that require certification or accreditation until the
152-25   certification or accreditation has been renewed.
152-26         (b)  A person whose  certification or accreditation has been
152-27   expired for 90 days or less may renew the certification or
 153-1   accreditation  by paying to the department a renewal fee that is
 153-2   equal to 1-1/2 times the normally required renewal fee.
 153-3         (c)  A person whose  certification or accreditation has been
 153-4   expired for more than 90 days but less than one year may renew the
 153-5   certification or accreditation by paying to the department a
 153-6   renewal fee that is equal to two times the normally required
 153-7   renewal fee.
 153-8         (d)  A person whose  certification or accreditation has been
 153-9   expired for one year or more may not renew the certification or
153-10   accreditation. The person may become recertified or reaccredited by
153-11   complying with the requirements and procedures, including any
153-12   examination requirements, for an original certification or
153-13   accreditation.
153-14         (e)  A person who was certified or accredited in this state,
153-15   moved to another state, and is currently certified or accredited
153-16   and has been in practice in the other state for the two years
153-17   preceding the date of application may become recertified or
153-18   reaccredited without reexamination.  The person must pay to the
153-19   department a fee that is equal to two times the normally required
153-20   renewal fee for certification or accreditation.
153-21         (f)  Not later than the 30th day before the date a person's
153-22   certification or accreditation is scheduled to expire, the
153-23   department shall send written notice of the impending expiration to
153-24   the person at the person's last known address according to the
153-25   records of the department.
153-26         Sec. 6C.  DISCIPLINARY ACTIONS.  (a)  The department shall
153-27   revoke, suspend, or refuse to renew a certification or
 154-1   accreditation or shall reprimand a certified or accredited person
 154-2   for a violation of this Act or a rule of the board.
 154-3         (b)  The board may place on probation a person whose
 154-4   certification or accreditation is suspended. If a suspension is
 154-5   probated, the board may require the person:
 154-6               (1)  to report regularly to the department on matters
 154-7   that are the basis of the probation;
 154-8               (2)  to limit practice to the areas prescribed by the
 154-9   board; or
154-10               (3)  to continue or review professional education until
154-11   the person attains a degree of skill satisfactory to the board in
154-12   those areas that are the basis of the probation.
154-13     ARTICLE 22. CERTAIN PROVISIONS RELATING TO ABORTION FACILITIES
154-14         SECTION 22.01. Section 245.004, Health and Safety Code, is
154-15   amended to read as follows:
154-16         Sec. 245.004.  EXEMPTIONS FROM LICENSING REQUIREMENT.  (a)
154-17   The following facilities need not be licensed under this chapter:
154-18               (1)  a hospital licensed under Chapter 241 (Texas
154-19   Hospital Licensing Law); or
154-20               (2)  the office of a physician licensed under the
154-21   Medical Practice Act (Article 4495b, Vernon's Texas Civil
154-22   Statutes), unless the office is used [primarily] for the purpose of
154-23   performing more than 300 abortions in any 12-month period.
154-24         (b)  In computing the number of abortions performed in the
154-25   office of a physician under Subsection (a)(2), an abortion
154-26   performed in accordance with Section 245.016 is not included.
154-27         SECTION 22.02.  Section 245.014(b), Health and Safety Code,
 155-1   is amended to read as follows:
 155-2         (b)  An offense under this section is a Class A [C]
 155-3   misdemeanor.
 155-4         SECTION 22.03.  Section 245.016, Health and Safety Code, is
 155-5   amended to read as follows:
 155-6         Sec. 245.016.  ABORTION IN UNLICENSED ABORTION FACILITY TO
 155-7   PREVENT DEATH OR SERIOUS IMPAIRMENT. This chapter does not remove
 155-8   the responsibility or limit the ability of a physician to perform
 155-9   an abortion in an unlicensed abortion facility if, at the
155-10   commencement of the abortion, the physician reasonably believes
155-11   that the abortion is necessary to prevent the death of the patient
155-12   or to prevent serious impairment of the patient's physical health
155-13   [or mental condition].
155-14         SECTION 22.04.  The office of a physician that is exempt from
155-15   the licensing requirement of Chapter 245, Health and Safety Code,
155-16   under Section 245.004, Health and Safety Code, as it existed
155-17   immediately before the effective date of this Act, but that is
155-18   required to be licensed under Section 245.004, Health and Safety
155-19   Code, as amended by this Act, is not required to be licensed before
155-20   January 1, 2000.
155-21         SECTION 22.05.  (a) The change in law made by this article to
155-22   Section 245.014, Health and Safety Code, applies only to the
155-23   punishment for an offense committed on or after the effective date
155-24   of this Act.  For purposes of this section, an offense is committed
155-25   before the effective date of this Act if any element of the offense
155-26   occurs before the effective date.
155-27         (b)  An offense committed before the effective date of this
 156-1   Act is covered by the law in effect when the offense was committed,
 156-2   and the former law is continued in effect for that purpose.
 156-3         SECTION 22.06.  (a)  The change in law made by Section
 156-4   245.016, Health and Safety Code, as amended by this article,
 156-5   applies only to the punishment for an offense committed on or after
 156-6   the effective date of this Act. For purposes of this section, an
 156-7   offense is committed before the effective date of this Act if any
 156-8   element of the offense occurs before the effective date.
 156-9         (b)  An offense committed before the effective date of this
156-10   Act is covered by the law in effect when the offense was committed,
156-11   and the former law is continued in effect for that purpose.
156-12      ARTICLE 23.  CERTAIN PROVISIONS RELATING TO CANCER REGISTRIES
156-13         SECTION 23.01.  Section 82.008(e), Health and Safety Code, is
156-14   amended to read as follows:
156-15         (e)  The data required to be furnished under this section may
156-16   also be furnished only to:
156-17               (1)  cancer registries of hospitals; and
156-18               (2)  cancer registries of cancer treatment centers.
156-19         SECTION 23.02.  Section 82.009(d), Health and Safety Code, is
156-20   amended to read as follows:
156-21         (d)  Data furnished to a hospital cancer registry or a cancer
156-22   treatment center cancer registry under Section 82.008(e) is for the
156-23   confidential use of the hospital cancer registry or the cancer
156-24   treatment center cancer registry, as applicable, and is subject to
156-25   Subsection (a).
156-26         SECTION 23.03.  Section 161.021(a), Health and Safety Code,
156-27   is amended to read as follows:
 157-1         (a)  Unless prohibited by other law, a person, including a
 157-2   hospital, sanatorium, nursing home, rest home, medical society,
 157-3   cancer registry, or other organization, may provide interviews,
 157-4   reports, statements, memoranda, or other information relating to
 157-5   the condition and treatment of any person, to be used in a study to
 157-6   reduce morbidity or mortality or to identify persons who may need
 157-7   immunization, to:
 157-8               (1)  the department;
 157-9               (2)  a person that makes inquiries under immunization
157-10   surveys conducted for the department;
157-11               (3)  a medical organization;
157-12               (4)  a hospital;
157-13               (5)  a hospital committee; or
157-14               (6)  a cancer registry, including a cancer registry of
157-15   a  cancer treatment center as defined by Section 82.002.
157-16           ARTICLE 24.  CERTAIN EDUCATION PROGRAMS FOR MINORS
157-17         SECTION 24.01.  Section 85.007, Health and Safety Code, is
157-18   amended by adding Subsection (c) to read as follows:
157-19         (c)  In addition, the materials in the education program
157-20   intended for persons younger than 18 years of age must:
157-21               (1)  teach that sexual activity before marriage is
157-22   likely to have harmful psychological and physical consequences;
157-23               (2)  teach adolescents ways to recognize and respond to
157-24   unwanted physical and verbal sexual advances;
157-25               (3)  teach that the use of alcohol or drugs increases a
157-26   person's vulnerability to unwanted sexual advances; and
157-27               (4)  emphasize the importance of attaining
 158-1   self-sufficiency before engaging in sexual activity.
 158-2      ARTICLE 25.  CERTAIN PROVISIONS RELATING TO THE PREVENTION OF
 158-3                    CARDIOVASCULAR DISEASE AND STROKE
 158-4         SECTION 25.01.  Subtitle D, Title 2, Health and Safety Code,
 158-5   is amended by adding Chapter 93 to read as follows:
 158-6       CHAPTER 93. PREVENTION OF CARDIOVASCULAR DISEASE AND STROKE
 158-7                    SUBCHAPTER A. GENERAL PROVISIONS
 158-8         Sec. 93.001.  DEFINITIONS.  In this chapter:
 158-9               (1)  "Cardiovascular disease" means the group of
158-10   diseases that target the heart and blood vessels and that are the
158-11   result of complex interactions between multiple inherited traits
158-12   and environmental factors.
158-13               (2)  "Council" means the Council on Cardiovascular
158-14   Disease and Stroke.
158-15         Sec. 93.002.  APPOINTMENT OF COUNCIL; TERMS OF MEMBERS.  (a)
158-16   The Council on Cardiovascular Disease and Stroke is composed of 12
158-17   members appointed by the board.
158-18         (b)  Members of the council serve staggered six-year terms
158-19   with the terms of one-third of the members expiring February 1 of
158-20   each odd-numbered year.
158-21         Sec. 93.003.  COMPENSATION; REIMBURSEMENT.  (a)  A member of
158-22   the council may not receive compensation for service on the council
158-23   and, except as provided by Subsection (b), may not be reimbursed
158-24   for travel expenses incurred while conducting the business of the
158-25   council.
158-26         (b)  The commissioner may authorize reimbursement of the
158-27   travel expenses incurred by a member while conducting the business
 159-1   of the council, as provided in the General Appropriations Act, if
 159-2   the commissioner finds on application of the member that travel for
 159-3   council business imposes a financial hardship on the member.
 159-4         Sec. 93.004.  DUTIES OF DEPARTMENT; FUNDS.  The department
 159-5   shall accept funds appropriated for the purposes of this chapter
 159-6   and shall allocate those funds.  The council shall make
 159-7   recommendations to the department concerning the allocation of
 159-8   funds.
 159-9         Sec. 93.005.  CONSULTANTS; ADVISORY COMMITTEE.  To advise and
159-10   assist the council with respect to the council's duties under this
159-11   chapter, the council may appoint one or more:
159-12               (1)  consultants to the council; or
159-13               (2)  advisory committees under Chapter 2110, Government
159-14   Code.
159-15         Sec. 93.006.  REPORT TO BOARD AND LEGISLATURE.  (a)  Not
159-16   later than January 15 of each year, the council shall report to the
159-17   board on the activities of the council in the preceding calendar
159-18   year.
159-19         (b)  Not later than January 15 of each odd-numbered year, the
159-20   council shall report to the lieutenant governor and the speaker of
159-21   the house of representatives on the activities of the council in
159-22   the preceding two calendar years.
159-23             (Sections 93.007-93.050 reserved for expansion
159-24               SUBCHAPTER B. POWERS AND DUTIES OF COUNCIL
159-25         Sec. 93.051.  CARDIOVASCULAR DISEASE AND STROKE PREVENTION
159-26   PLAN; DUTIES OF COUNCIL.  The council shall develop an effective
159-27   and resource-efficient plan to reduce the morbidity, mortality, and
 160-1   economic burden of cardiovascular disease and stroke in this state.
 160-2   The council shall:
 160-3               (1)  conduct health education, public awareness, and
 160-4   community outreach activities that relate to cardiovascular disease
 160-5   and stroke;
 160-6               (2)  promote, enhance, and coordinate  health
 160-7   education, public awareness, and community outreach activities that
 160-8   relate to cardiovascular disease and stroke and that are provided
 160-9   by private and other public organizations;
160-10               (3)  coordinate activities with other entities that are
160-11   concerned with medical conditions that are similar to
160-12   cardiovascular disease and stroke or that have similar risk
160-13   factors;
160-14               (4)  identify to health care providers, employers,
160-15   schools, community health centers, and other groups the benefits of
160-16   encouraging treatment, prevention, and public awareness of
160-17   cardiovascular disease and stroke and recognize innovative and
160-18   effective programs that achieve the objectives of improved
160-19   treatment, prevention, and public awareness;
160-20               (5)  provide guidance regarding the roles and
160-21   responsibilities of government agencies, health care providers,
160-22   employers, third-party payers, patients, and families of patients
160-23   in the treatment, prevention, and public awareness of
160-24   cardiovascular disease and stroke;
160-25               (6)  improve access to treatment for and prevention of
160-26   cardiovascular disease and stroke through public awareness
160-27   programs, including access for uninsured individuals and
 161-1   individuals living in rural or underserved areas;
 161-2               (7)  assist communities to develop comprehensive local
 161-3   cardiovascular disease and stroke prevention programs;
 161-4               (8)  assist the Texas Education Agency and local school
 161-5   districts to promote a public school curriculum that includes
 161-6   physical, nutritional, and health education relating to
 161-7   cardiovascular disease and stroke prevention; and
 161-8               (9)  evaluate and enhance the implementation and
 161-9   effectiveness of the program developed under this chapter.
161-10         Sec. 93.052.  DATABASE OF CLINICAL RESOURCES.  The council
161-11   shall review available clinical resources and shall develop a
161-12   database of recommendations for appropriate care and treatment of
161-13   patients with cardiovascular disease or who have suffered from or
161-14   are at risk for  stroke. The council shall make the database
161-15   accessible to the public.
161-16         Sec. 93.053.  CARDIOVASCULAR DISEASE AND STROKE DATABASE.
161-17   (a)  The council shall collect and analyze information related to
161-18   cardiovascular disease and stroke at the state and regional level
161-19   and, to the extent feasible, at the local level.  The council shall
161-20   obtain the information from federal and state agencies and from
161-21   private and public organizations.  The council shall maintain a
161-22   database of this information.
161-23         (b)  The database may include:
161-24               (1)  information related to behavioral risk factors
161-25   identified for cardiovascular disease and stroke;
161-26               (2)  morbidity and mortality rates for cardiovascular
161-27   disease and stroke; and
 162-1               (3)  community indicators relevant to cardiovascular
 162-2   disease and stroke.
 162-3         (c)  In compiling the database, the council may use
 162-4   information available from other sources, such as the Behavioral
 162-5   Risk Factor Surveillance System established by the Centers for
 162-6   Disease Control and Prevention, reports of hospital discharge data,
 162-7   and information included in death certificates.
 162-8         Sec. 93.054.  INFORMATION RECEIVED FROM ANOTHER STATE AGENCY;
 162-9   CONFIDENTIALITY.  (a)  To perform its duties under this chapter,
162-10   the  council may request and receive information in the possession
162-11   of any state agency.  In addition to the restriction imposed by
162-12   Subsection (b), information provided to the council under this
162-13   subsection is subject to any restriction on disclosure or use of
162-14   the information that is imposed by law on the agency from which the
162-15   council obtained the information.
162-16         (b)  Information in the possession of the council that
162-17   identifies a patient or that is otherwise confidential under law is
162-18   confidential, is excepted from required public disclosure under
162-19   Chapter 552, Government Code, and may not be disclosed for any
162-20   purpose.
162-21         SECTION 25.02.  In appointing the initial members of the
162-22   Council on Cardiovascular Disease and Stroke, the Texas Board of
162-23   Health shall appoint four persons to terms expiring February 1,
162-24   2001; four to terms expiring February 1, 2003; and four to terms
162-25   expiring February 1, 2005.
162-26                ARTICLE 26.  BLOODBORNE PATHOGEN CONTROL
162-27         SECTION 26.01.  Chapter 81, Health and Safety Code, is
 163-1   amended by adding Subchapter H to read as follows:
 163-2         SUBCHAPTER H. BLOODBORNE PATHOGEN EXPOSURE CONTROL PLAN
 163-3         Sec. 81.301.  DEFINITIONS.  In this subchapter:
 163-4               (1)  "Bloodborne pathogens" means pathogenic
 163-5   microorganisms that are present in human blood and that can cause
 163-6   diseases in humans.  The term includes hepatitis B virus, hepatitis
 163-7   C virus, and human immunodeficiency virus.
 163-8               (2)  "Engineered sharps injury protection" means:
 163-9                     (A)  a physical attribute that is built into a
163-10   needle device used for withdrawing body fluids, accessing a vein or
163-11   artery, or administering medications or other fluids and that
163-12   effectively reduces the  risk of an exposure incident by a
163-13   mechanism such as barrier creation, blunting, encapsulation,
163-14   withdrawal, retraction, destruction, or another effective
163-15   mechanism; or
163-16                     (B)  a physical attribute built into any other
163-17   type of needle device, into a nonneedle sharp, or into a nonneedle
163-18   infusion safety securement device that effectively reduces the risk
163-19   of an exposure incident.
163-20               (3)  "Governmental unit" means:
163-21                     (A)  this state and any agency of the state,
163-22   including a department, bureau, board, commission, or office;
163-23                     (B)  a political subdivision of this state,
163-24   including any municipality, county, or special district; and
163-25                     (C)  any other institution of government,
163-26   including an institution of higher education.
163-27               (4)  "Needleless system" means a device that does not
 164-1   use a needle and that is used:
 164-2                     (A)  to withdraw body fluids after initial venous
 164-3   or arterial access is established;
 164-4                     (B)  to administer medication or fluids; or
 164-5                     (C)  for any other procedure involving the
 164-6   potential for an exposure incident.
 164-7               (5)  "Sharp" means an object used or encountered in a
 164-8   health care setting that can be reasonably anticipated to penetrate
 164-9   the skin or any other part of the body and to result in an exposure
164-10   incident, including a needle device, a scalpel, a lancet, a piece
164-11   of broken glass, a broken capillary tube, an exposed end of a
164-12   dental wire, or a dental knife, drill, or bur.
164-13               (6)  "Sharps injury" means any injury caused by a
164-14   sharp, including a cut, abrasion, or needlestick.
164-15         Sec. 81.302.  APPLICABILITY OF SUBCHAPTER.  This subchapter
164-16   applies only to a governmental unit that employs employees who:
164-17               (1)  provide services in a public or private facility
164-18   providing health care-related services, including a home health
164-19   care organization; or
164-20               (2)  otherwise have a risk of exposure to blood or
164-21   other material potentially containing bloodborne pathogens in
164-22   connection with exposure to sharps.
164-23         Sec. 81.303.  EXPOSURE CONTROL PLAN.  The department shall
164-24   establish an exposure control plan designed to minimize exposure of
164-25   employees described by Section 81.302 to bloodborne pathogens. In
164-26   developing the plan, the department must consider:
164-27               (1)  policies relating to occupational exposure to
 165-1   bloodborne pathogens;
 165-2               (2)  training and educational requirements for
 165-3   employees;
 165-4               (3)  measures to increase vaccinations of employees;
 165-5   and
 165-6               (4)  increased use of personal protective equipment by
 165-7   employees.
 165-8         Sec. 81.304.  MINIMUM STANDARDS.  The board by rule shall
 165-9   adopt minimum standards to implement the exposure control plan and
165-10   the other provisions of this subchapter.  The rules shall be
165-11   analogous to standards adopted by the federal Occupational Safety
165-12   and Health Administration. Each governmental unit shall comply with
165-13   the minimum standards adopted under this subchapter.
165-14         Sec. 81.305.  NEEDLELESS SYSTEMS.  (a)  The board by rule
165-15   shall recommend that governmental units implement needleless
165-16   systems and sharps with engineered sharps injury protection for
165-17   employees.
165-18         (b)  The recommendation adopted under Subsection (a) does not
165-19   apply to the use of a needleless system or sharps with engineered
165-20   sharps injury protection in circumstances and in a year in which an
165-21   evaluation committee has established that the use of needleless
165-22   systems and sharps with engineered sharps injury protection will
165-23   jeopardize patient or employee safety with regard to a specific
165-24   medical procedure or will be unduly burdensome.  A report of the
165-25   committee's decision shall be submitted to the department annually.
165-26         (c)  At least half of the members of an evaluation committee
165-27   established by a governmental unit to implement Subsection (b) must
 166-1   be employees who are health care workers who have direct contact
 166-2   with patients or provide services on a regular basis.
 166-3         (d)  The rules adopted under Subsection (a) may not prohibit
 166-4   the use of a prefilled syringe that is approved by the federal Food
 166-5   and Drug Administration.  This subsection expires May 1, 2003.
 166-6         Sec. 81.306.  SHARPS INJURY LOG.  (a)  The board by rule
 166-7   shall require that information concerning exposure incidents be
 166-8   recorded in a written or electronic sharps injury log to be
 166-9   maintained by a governmental unit.  This information must be
166-10   reported to the department and must include:
166-11               (1)  the date and time of the exposure incident;
166-12               (2)  the type and brand of sharp involved in the
166-13   exposure incident; and
166-14               (3)  a description of the exposure incident, including:
166-15                     (A)  the job classification or title of the
166-16   exposed employee;
166-17                     (B)  the department or work area where the
166-18   exposure incident occurred;
166-19                     (C)  the procedure that the exposed employee was
166-20   performing at the time of the incident;
166-21                     (D)  how the incident occurred;
166-22                     (E)  the employee's body part that was involved
166-23   in the exposure incident; and
166-24                     (F)  whether the sharp had engineered sharps
166-25   injury protection and, if so, whether the protective mechanism was
166-26   activated and whether the injury occurred before, during, or after
166-27   the activation of the protective mechanism.
 167-1         (b)  Information regarding which recommendations under
 167-2   Section 81.305(a) were adopted by the governmental entity shall be
 167-3   included in the log.
 167-4         (c)  All information and materials obtained or compiled by
 167-5   the department in connection with a report under this section are
 167-6   confidential and not subject to disclosure under Chapter 552,
 167-7   Government Code, and not subject to disclosure, discovery,
 167-8   subpoena, or other means of legal compulsion for their release by
 167-9   the department.  The department shall make available, in aggregate
167-10   form, the information described in Section 81.305(b) and this
167-11   section, provided that the name and other information identifying
167-12   the facility is deleted and the information is provided according
167-13   to public health regions established by the department.
167-14         Sec. 81.307.  DEVICE REGISTRATION.  (a)  The department, in
167-15   accordance with rules adopted by the board, shall implement a
167-16   registration program for existing needleless systems and sharps
167-17   with engineered sharps injury protection.
167-18         (b)  The department shall compile and maintain a list of
167-19   existing needleless systems and sharps with engineered sharps
167-20   injury protection that are available in the commercial marketplace
167-21   and registered with the department to assist governmental units to
167-22   comply with this subchapter.
167-23         (c)  The department shall charge a fee to register a device
167-24   in an amount established by the board.  The fees collected under
167-25   this section may be appropriated only to the department to
167-26   implement this subchapter.
167-27         SECTION 26.02.  (a)  The Texas Board of Health shall adopt
 168-1   the exposure control plan and the rules required by Subchapter H,
 168-2   Chapter 81, Health and Safety Code, as added by this Act, not later
 168-3   than September 1, 2000.
 168-4         (b)  Except as provided by Subsection (c) of this section, a
 168-5   governmental unit, as defined by Subdivision (3), Section 81.301,
 168-6   Health and Safety Code, as added by this Act, shall comply with
 168-7   Subchapter H, Chapter 81, Health and Safety Code, as added by this
 168-8   Act, not later than January 1, 2001.
 168-9         (c)  The Texas Department of Health may, in accordance with
168-10   rules adopted by the Texas Board of Health, waive the application
168-11   of Subchapter H, Chapter 81, Health and Safety Code, as added by
168-12   this Act, to a rural county if the department finds that the
168-13   application of the subchapter to the county would be unduly
168-14   burdensome.  A waiver granted under this subsection expires
168-15   December 31, 2001.  For purposes of this subsection, "rural county"
168-16   means a county that:
168-17               (1)  has a population of 50,000 or less; or
168-18               (2)  has a population of more than 50,000 but:
168-19                     (A)  does not have located within the county a
168-20   general or special hospital licensed under Chapter 241, Health and
168-21   Safety Code, with more than 100 beds; and
168-22                     (B)  was not, based on the 1990 federal census,
168-23   completely included within an area designated as urbanized by the
168-24   Bureau of the Census of the United States Department of Commerce.
168-25         SECTION 26.03.  In adopting the initial rules establishing
168-26   the duties of an evaluation committee under Subsection (c), Section
168-27   81.305, Health and Safety Code, as added by this Act, the Texas
 169-1   Board of Health shall consider the duties of similar committees in
 169-2   existence on the effective date of this Act.
 169-3                 ARTICLE 27.  EFFECTIVE DATE; EMERGENCY
 169-4         SECTION 27.01.  This Act takes effect September 1, 1999.
 169-5         SECTION 27.02.  The importance of this legislation and the
 169-6   crowded condition of the calendars in both houses create an
 169-7   emergency and an imperative public necessity that the
 169-8   constitutional rule requiring bills to be read on three several
 169-9   days in each house be suspended, and this rule is hereby suspended.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 2085 was passed by the House on March
         25, 1999, by a non-record vote; that the House refused to concur in
         Senate amendments to H.B. No. 2085 on May 10, 1999, and requested
         the appointment of a conference committee to consider the
         differences between the two houses; and that the House adopted the
         conference committee report on H.B. No. 2085 on May 27, 1999, by a
         non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 2085 was passed by the Senate, with
         amendments, on May 7, 1999, by a viva-voce vote; at the request of
         the House, the Senate appointed a conference committee to consider
         the differences between the two houses; and that the Senate adopted
         the conference committee report on H.B. No. 2085 on May 29, 1999,
         by the following vote:  Yeas 30, Nays 0.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor