76R9548 E                           
         By McCall                                             H.B. No. 2085
         Substitute the following for H.B. No. 2085:
         By Gray                                           C.S.H.B. No. 2085
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the continuation and functions of the Texas Board and
 1-3     Department of Health, including the operation of certain boards and
 1-4     councils administratively attached to the department; providing
 1-5     administrative 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 or 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     lieutenant governor, speaker of the house of representatives,
2-11     Legislative Budget Board, and the committees of the senate and the
2-12     house of representatives that have oversight responsibilities
2-13     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)  acute care services for which the department
2-21     is responsible;
2-22                       (E)  health care facility regulation for which
2-23     the department is responsible;
2-24                       (F)  the licensing of health professions for
2-25     which the department is responsible; and
2-26                       (G)  all other health-related services for which
2-27     the department is responsible under law;
 3-1                 (2)  an analysis regarding how each of the department's
 3-2     missions relate to other department missions;
 3-3                 (3)  a detailed analysis of how to integrate or
 3-4     continue to integrate department programs with other department
 3-5     programs, including the integration of information gathering and
 3-6     information management within and across programs, for the purpose
 3-7     of minimizing duplication of effort, increasing administrative
 3-8     efficiency, simplifying access to department programs, and more
 3-9     efficiently meeting the health needs of this state;
3-10                 (4)  a detailed proposal to integrate or continue to
3-11     integrate department programs with other department programs during
3-12     the two-year period covered by the plan, to the extent allowed by
3-13     law and in accordance with the department's analysis;
3-14                 (5)  a determination regarding whether it is necessary
3-15     to collect each type of information that the department collects,
3-16     and for each type of information that it is necessary for the
3-17     department to collect, whether the department is efficiently and
3-18     effectively collecting, analyzing, and disseminating the
3-19     information;
3-20                 (6)  an assessment of services provided by the
3-21     department that evaluates the need for the department to provide
3-22     those services in the future;
3-23                 (7)  a method for soliciting the advice and opinions of
3-24     local health departments, of recipients and providers of services
3-25     that are related to the department's missions, and of advocates for
3-26     recipients or providers for the purpose of identifying and
3-27     assessing:
 4-1                       (A)  the health-related needs of the state;
 4-2                       (B)  ways in which the department's programs and
 4-3     information services can be better integrated and coordinated; and
 4-4                       (C)  factors that the department should consider
 4-5     before adopting rules that affect recipients or providers of
 4-6     services that are related to the department's missions;
 4-7                 (8)  a comprehensive inventory of health-related
 4-8     information resources that meet department criteria for usefulness
 4-9     and applicability to local health departments, to recipients or
4-10     providers of services that are related to the department's
4-11     missions, and to nonprofit entities, private businesses, and
4-12     community groups with missions that are related to health;
4-13                 (9)  a statement regarding the ways in which the
4-14     department will coordinate or attempt to coordinate with federal,
4-15     state, local, and private programs that provide services similar to
4-16     the services provided by the department;
4-17                 (10)  a list of other plans that the department is
4-18     required to prepare under state law and a recommendation regarding
4-19     which plans are obsolete or duplicate other required department
4-20     plans; and
4-21                 (11)  an assessment of the extent to which previous
4-22     plans prepared by the department under this section have
4-23     effectively helped the department to identify and achieve its
4-24     objectives, to improve its operations, or to guide persons who need
4-25     to identify department services, identify department requirements,
4-26     or communicate effectively with department personnel.
4-27           SECTION 1.04.  Chapter 11, Health and Safety Code, is amended
 5-1     by adding Section 11.0055 to read as follows:
 5-2           Sec. 11.0055.  REQUIRED BOARD MEMBER TRAINING.  (a)  A person
 5-3     who is appointed to and qualifies for office as a member of the
 5-4     board may not vote, deliberate, or be counted as a member in
 5-5     attendance at a meeting of the board until the person completes a
 5-6     training program that complies with this section.
 5-7           (b)  The training program must provide the person with
 5-8     information regarding:
 5-9                 (1)  the legislation that created the department and
5-10     the board;
5-11                 (2)  the programs operated by the department;
5-12                 (3)  the role and functions of the department;
5-13                 (4)  the rules of the department with an emphasis on
5-14     the rules that relate to disciplinary and investigatory authority;
5-15                 (5)  the current budget for the department;
5-16                 (6)  the results of the most recent formal audit of the
5-17     department;
5-18                 (7)  the requirements of:
5-19                       (A)  the open meetings law, Chapter 551,
5-20     Government Code;
5-21                       (B)  the public information law, Chapter 552,
5-22     Government Code;
5-23                       (C)  the administrative procedure law, Chapter
5-24     2001, Government Code; and
5-25                       (D)  other laws relating to public officials,
5-26     including conflict-of-interest laws; and
5-27                 (8)  any applicable ethics policies adopted by the
 6-1     department or the Texas Ethics Commission.
 6-2           (c)  A person appointed to the board is entitled to
 6-3     reimbursement, as provided by the General Appropriations Act, for
 6-4     the travel expenses incurred in attending the training program
 6-5     regardless of whether the attendance at the program occurs before
 6-6     or after the person qualifies for office.
 6-7           SECTION 1.05.  Section 11.006(a), Health and Safety Code, is
 6-8     amended to read as follows:
 6-9           (a)  A person is not eligible for appointment as a public
6-10     member of the board if the person or the person's spouse:
6-11                 (1)  is employed by or participates in the management
6-12     of a business entity or other organization regulated by the
6-13     department or receiving funds from the department;
6-14                 (2)  is registered, certified, or licensed by the
6-15     department or by a regulatory board or other agency that is under
6-16     the jurisdiction of the department or administratively attached to
6-17     the department;
6-18                 (3)  owns, controls, or has, directly or indirectly,
6-19     more than a 10 percent interest in a business entity or other
6-20     organization regulated by the department or receiving funds from
6-21     the department; or
6-22                 (4) [(3)]  uses or receives a substantial amount of
6-23     tangible goods, services, or funds from the department other than
6-24     compensation or reimbursement authorized by law for board
6-25     membership, attendance, or expenses.
6-26           SECTION 1.06.  SECTION 11.009(c), Health and Safety Code, is
6-27     amended to read as follows:
 7-1           (c)  If the commissioner has knowledge that a potential
 7-2     ground for removal exists, the commissioner shall notify the
 7-3     chairman of the board of the ground.  The chairman shall then
 7-4     notify the governor and the attorney general that a potential
 7-5     ground for removal exists.  If the potential ground for removal
 7-6     involves the chairman, the commissioner shall notify the next
 7-7     highest ranking officer of the board, who shall then notify the
 7-8     governor and the attorney general that a potential ground for
 7-9     removal exists.
7-10           SECTION 1.07.  Section 11.018(d), Health and Safety Code, is
7-11     amended to read as follows:
7-12           (d)  The department shall keep an information file about each
7-13     complaint filed with the department relating to[:]
7-14                 [(1)]  a license holder or entity regulated by the
7-15     department[;] or
7-16                 [(2)]  a service delivered by the department.  The file
7-17     must include:
7-18                 (1)  the name of the person who filed the complaint;
7-19                 (2)  the date the complaint is received by the
7-20     department;
7-21                 (3)  the subject matter of the complaint;
7-22                 (4)  the name of each person contacted in relation to
7-23     the complaint;
7-24                 (5)  a summary of the results of the review or
7-25     investigation of the complaint; and
7-26                 (6)  an explanation of the reason the file was closed,
7-27     if the department closed the file without taking action other than
 8-1     to investigate the complaint.
 8-2           SECTION 1.08.  Subchapter A, Chapter 12, Health and Safety
 8-3     Code, is amended by adding Section 12.004 to read as follows:
 8-4           Sec. 12.004.  DEVELOPMENT OF PROPOSED RULES.  (a)  This
 8-5     section applies to the process by which the department develops
 8-6     proposed rules for the board's consideration before the proposed
 8-7     rules are published in the Texas Register and before the board,
 8-8     commissioner, or department complies with the rulemaking
 8-9     requirements of the administrative procedure law, Chapter 2001,
8-10     Government Code.  This section does not affect the duty of the
8-11     board, commissioner, or department to comply with the rulemaking
8-12     requirements of that law.
8-13           (b)  The board shall require the department to establish a
8-14     checklist of methods that, to the extent appropriate, the
8-15     department will follow to obtain early in the rule development
8-16     process the advice and opinions of the public and of persons who
8-17     will be most affected by a proposed rule.  The checklist must
8-18     include methods for identifying persons who will be most affected
8-19     and for soliciting at a minimum the advice and opinions of affected
8-20     local health departments, of recipients and providers of affected
8-21     services, and of advocates for affected recipients or providers.
8-22           (c)  The checklist may include negotiated rulemaking,
8-23     informal conferences, advisory committees, and any other
8-24     appropriate method.
8-25           (d)  A rule adopted by the board may not be challenged on the
8-26     grounds that the board, commissioner, or department did not comply
8-27     with this section. If the department was unable to solicit a
 9-1     significant amount of advice and opinion from the public or from
 9-2     affected persons early in the rule development process, the
 9-3     department shall state in writing to the board the reasons why the
 9-4     department was unable to do so.
 9-5           SECTION 1.09.  Subchapter B, Chapter 12, Health and Safety
 9-6     Code, is amended by adding Section 12.0115 to read as follows:
 9-7           Sec. 12.0115.  INTEGRATION OF HEALTH CARE DELIVERY PROGRAMS.
 9-8     (a)  In this section, "health care delivery programs" includes the
 9-9     department's primary health care services program, its program to
9-10     improve maternal and infant health, its services for chronically
9-11     ill and disabled children, any aspects of health care delivery
9-12     under the state Medicaid program assigned to the department by law
9-13     or by the Health and Human Services Commission, and the part of any
9-14     other department program concerned with the department's
9-15     responsibility for the delivery of health care services.
9-16           (b)  The department shall integrate the functions of its
9-17     different health care delivery programs to the maximum extent
9-18     possible, including integrating the functions of health care
9-19     delivery programs that are part of the state Medicaid program with
9-20     functions of health care delivery programs that are not part of the
9-21     state Medicaid program.
9-22           (c)  At a minimum, the department's integration of the
9-23     functions of its different health care delivery programs must
9-24     include the integration within and across the programs of:
9-25                 (1)  the development of health care policy;
9-26                 (2)  the delivery of health care services, to the
9-27     extent  appropriate for the recipients of the health care services;
 10-1    and
 10-2                (3)  to the extent possible, the administration of
 10-3    contracts with providers of health care services, particularly
 10-4    providers who concurrently provide health care services under more
 10-5    than one contract or program with the department.
 10-6          (d)  One of the primary goals of the department in
 10-7    integrating the delivery of health care services for the benefit of
 10-8    recipients shall be providing for continuity of care for
 10-9    individuals and families, accomplished to the extent possible by
10-10    providing an individual or family with a medical home that serves
10-11    as the primary initial health care provider.
10-12          (e)  One of the primary goals of the department in
10-13    integrating the administration of its contracts with providers of
10-14    health care services shall be designing an integrated contract
10-15    administration system that reduces the administrative and paperwork
10-16    burden on providers while still providing the department with the
10-17    information it needs to effectively administer the contracts.  The
10-18    department's integration of contract administration must include:
10-19                (1)  the integration of the initial procurement process
10-20    within and across programs, at least in part by efficiently
10-21    combining requests for bids or proposals within or across programs
10-22    to the extent it reduces the administrative burden for providers;
10-23                (2)  the establishment of uniform contract terms,
10-24    including:
10-25                      (A)  contract terms that require information from
10-26    providers, or that prescribe performance standards for providers,
10-27    that could be made uniform within or across programs while
 11-1    remaining effective as contract terms; and
 11-2                      (B)  the establishment of a procedure under which
 11-3    a contractor or a person responding to a request for bids or
 11-4    proposals may supply the department with requested information
 11-5    whenever possible by referencing current and correct information
 11-6    previously supplied to and on file with the department;
 11-7                (3)  the integration of contract monitoring,
 11-8    particularly with regard to monitoring providers that deliver
 11-9    health services for the department under more than one contract or
11-10    under more than one department program; and
11-11                (4)  the integration of reimbursement methods:
11-12                      (A)  particularly for a provider that delivers
11-13    health services for the department under more than one contract or
11-14    under more than one department program; and
11-15                      (B)  including the application across programs of
11-16    the most effective and efficient reimbursement technologies or
11-17    methods that are available to the department under any of its
11-18    programs.
11-19          (f)  The department shall examine the extent to which the
11-20    department could integrate all or part of its health care delivery
11-21    programs into a single delivery system.
11-22          (g)  If a federal requirement that the federal government may
11-23    waive restricts the department's integration efforts under this
11-24    section, the department may seek a waiver of the requirement from
11-25    the federal government. If the waiver affects a program for which
11-26    another state agency is designated the single state agency for
11-27    federal purposes, the department shall request the single state
 12-1    agency to seek the waiver.
 12-2          (h)  The department may not integrate health care delivery
 12-3    programs under this section in a way that affects the single state
 12-4    agency status of another state agency for federal purposes without
 12-5    obtaining the approval of the Health and Human Services Commission
 12-6    and any necessary federal approval.
 12-7          SECTION 1.10.  Subchapter B, Chapter 12, Health and Safety
 12-8    Code, is amended by adding Sections 12.0123 and 12.0124 to read as
 12-9    follows:
12-10          Sec. 12.0123.  ANNUAL EXTERNAL AUDIT OF MEDICAID FISCAL
12-11    AGENT.  (a)  In this section, "fiscal agent" means an entity that
12-12    is not another state health and human services agency that, under a
12-13    contract and on behalf of the department or the department's
12-14    successor in function, performs one or more administrative services
12-15    such as claims processing, utilization review, or payment of claims
12-16    as the department's fiscal intermediary.
12-17          (b)  The department shall contract with an independent
12-18    auditor to perform annual independent external financial and
12-19    performance audits of any fiscal agent used by the department in
12-20    its operation of a part of the state Medicaid program.
12-21          (c)  If another state agency succeeds to the department's
12-22    operation of the part of the state Medicaid program for which the
12-23    department used a fiscal agent, the successor agency shall comply
12-24    with the requirement to contract with an independent auditor to
12-25    perform the external financial and performance audits of any fiscal
12-26    agent.
12-27          Sec. 12.0124.  ELECTRONIC FUNDS TRANSFER REQUIREMENT FOR
 13-1    MEDICAID FISCAL INTERMEDIARY.  A fiscal intermediary who makes
 13-2    payments to service providers on behalf of the department or the
 13-3    department's successor in function in relation to the  department's
 13-4    operation of a part of the state Medicaid program shall make the
 13-5    payments using electronic funds transfer.
 13-6          SECTION 1.11.  Subchapter B, Chapter 12, Health and Safety
 13-7    Code, is amended by adding Sections 12.0145 and 12.0146 to read as
 13-8    follows:
 13-9          Sec. 12.0145.  INFORMATION ABOUT ENFORCEMENT ACTIONS.  (a)
13-10    The department shall publish and provide information in accordance
13-11    with this section  regarding each final enforcement action taken by
13-12    the department, commissioner, or board against a person or facility
13-13    regulated by the department in which any kind of sanction is
13-14    imposed, including:
13-15                (1)  the imposition of a reprimand, a period of
13-16    probation, a monetary penalty, or a condition on a person's
13-17    continued practice or a facility's continued operation; and
13-18                (2)  the refusal to renew or the suspension, probation,
13-19    or revocation of a license or other form of permission to engage in
13-20    an activity.
13-21          (b)  Except to the extent that the information is
13-22    specifically made confidential under other law, the department
13-23    shall publish and provide the name, including any trade name, of
13-24    the person or facility against which an enforcement action was
13-25    taken, the violation that the person or facility was found to have
13-26    committed, and the sanction imposed.  The department shall publish
13-27    and provide the information in a way that does not serve to
 14-1    identify a complainant.
 14-2          (c)  The department shall publish the information on its
 14-3    generally accessible Internet site. The department also shall
 14-4    provide the information by establishing a system under which
 14-5    members of the public can call toll-free numbers to obtain the
 14-6    information efficiently and with a minimum of delay.  The
 14-7    department shall appropriately publicize the toll-free numbers.
 14-8          (d)  The department shall publish and provide the information
 14-9    promptly after the sanction has been imposed or, when applicable,
14-10    promptly after the period during which the sanction is imposed has
14-11    begun.  The department by rule shall establish the length of time
14-12    during which the required information will be published and
14-13    provided under this section based on the department's determination
14-14    regarding the types of services provided by regulated entities and
14-15    the length of time for which information about a category of
14-16    enforcement actions is useful to a member of the public.
14-17          (e)  The department shall publish and provide the information
14-18    using clear language that can be readily understood by a person
14-19    with a high school education.
14-20          (f)  If another law specifically requires that particular
14-21    information subject to this section shall be published in another
14-22    manner, the department shall comply with this section and with the
14-23    other law.
14-24          (g)  A determination that the department is not required to
14-25    publish and provide information under this section does not affect
14-26    a determination regarding whether the information is subject to
14-27    required disclosure under the open records law, Chapter 552,
 15-1    Government Code.  The department's determination regarding the
 15-2    length of the period during which information should continue to be
 15-3    published and provided under this section does not affect a
 15-4    determination regarding the period for which the information must
 15-5    be preserved under Chapter 441, Government Code, or under another
 15-6    law.
 15-7          Sec. 12.0146.  TRENDS IN ENFORCEMENT.  The department shall
 15-8    publish annually an analysis of its enforcement actions taken under
 15-9    state law with regard to each profession, industry, or type of
15-10    facility regulated by the department. The analysis for each
15-11    regulatory area must show at a minimum the year-to-year trends in
15-12    the number and types of enforcement actions taken by the department
15-13    in its regulation of the profession, industry, or type of facility.
15-14          SECTION 1.12.  Section 466.001(a), Health and Safety Code, is
15-15    amended to read as follows:
15-16          (a)  It is the intent of the legislature that the department
15-17    [and the commission] exercise its [their respective] administrative
15-18    powers and regulatory authority to ensure the proper use of
15-19    approved narcotic drugs in the treatment of narcotic dependent
15-20    persons.
15-21          SECTION 1.13.  Section 466.002, Health and Safety Code, is
15-22    amended to read as follows:
15-23          Sec. 466.002.  DEFINITIONS.  In this chapter:
15-24                (1)  "Approved narcotic drug" means a drug approved by
15-25    the United States Food and Drug Administration for maintenance or
15-26    detoxification of a person physiologically addicted to the opiate
15-27    class of drugs.
 16-1                (2)  "Authorized agent" means an employee of the
 16-2    department who is designated by the commissioner to enforce this
 16-3    chapter.
 16-4                (3)  "Board" means the Texas Board of Health.
 16-5                (4)  ["Commission" means the Texas Commission on
 16-6    Alcohol and Drug Abuse.]
 16-7                [(5)]  "Commissioner" means the commissioner of public
 16-8    health.
 16-9                (5) [(6)]  "Department" means the Texas Department of
16-10    Health.
16-11                (6) [(7)]  "Facility" includes a medical office, an
16-12    outpatient clinic, a general or special hospital, a community
16-13    mental health center, and any other location in which a structured
16-14    narcotic dependency program is conducted.
16-15                (7) [(8)]  "Narcotic drug" has the meaning assigned by
16-16    Chapter 481 (Texas Controlled Substances Act).
16-17          SECTION 1.14.  Section 466.004(a), Health and Safety Code, is
16-18    amended to read as follows:
16-19          (a)  The board shall adopt and the department shall
16-20    administer and enforce rules to ensure the proper use of approved
16-21    narcotic drugs in the treatment of narcotic drug-dependent persons,
16-22    including rules that:
16-23                (1)  require an applicant or a permit holder to make
16-24    annual, periodic, and special reports that the department
16-25    determines are necessary;
16-26                (2)  require an applicant or permit holder to keep
16-27    records that the department determines are necessary;
 17-1                (3)  provide for investigations that the department
 17-2    determines are necessary; and
 17-3                (4)  provide for the coordination of the approval of
 17-4    narcotic drug treatment programs by the United States Food and Drug
 17-5    Administration and the United States Drug Enforcement
 17-6    Administration[; and]
 17-7                [(5)  provide for cooperation with the commission in
 17-8    the licensing of narcotic drug treatment programs as required by
 17-9    Subchapter A, Chapter 464].
17-10          SECTION 1.15.  Section 466.022, Health and Safety Code, is
17-11    amended to read as follows:
17-12          Sec. 466.022.  LIMITATION ON PRESCRIPTION, ORDER, OR
17-13    ADMINISTRATION OF NARCOTIC DRUG.  A physician may not prescribe,
17-14    order, or administer a narcotic drug for the purpose of treating
17-15    drug dependency unless the physician prescribes, orders, or
17-16    administers an approved narcotic drug for the maintenance or
17-17    detoxification of drug-dependent persons as part of a program
17-18    permitted by the department [and the commission].
17-19          SECTION 1.16.  Section 11.016(c), Health and Safety Code, is
17-20    repealed.
17-21          SECTION 1.17.  Section 466.005, Health and Safety Code, is
17-22    repealed.
17-23          SECTION 1.18.  Section 503.008, Health and Safety Code, is
17-24    repealed.
17-25          SECTION 1.19.  The Texas Department of Health shall publish
17-26    the first comprehensive strategic and operational plan required
17-27    under Section 11.0045, Health and Safety Code, as added by this
 18-1    Act, not later than September 1, 2000.
 18-2          SECTION 1.20.  The Texas Department of Health shall
 18-3    comprehensively study the impact that the state's Medicaid managed
 18-4    care program has had on each of the populations served by the
 18-5    department and on all health care providers, clinics, and
 18-6    hospitals.  The department shall report its findings to the
 18-7    presiding officer of each house of the legislature and of each
 18-8    legislative committee that has oversight responsibility for the
 18-9    department not later than November 1, 2000.
18-10          SECTION 1.21.  (a)  As soon as possible after the effective
18-11    date of this Act and to the extent allowed under federal law, the
18-12    Texas Department of Health shall implement a pilot project that, on
18-13    a scale appropriate for a pilot project, integrates all appropriate
18-14    functions of the department's health care delivery programs in
18-15    accordance with Section 12.0115, Health and Safety Code, as added
18-16    by this Act, including integrating the functions of health care
18-17    delivery programs that are part of the state Medicaid program with
18-18    functions of health care delivery programs that are not part of the
18-19    state Medicaid program.
18-20          (b)  The pilot project must be initiated not later than
18-21    September 1, 2000. The pilot project terminates September 1, 2001,
18-22    but the department may continue successful elements of the project
18-23    after that date as part of the department's general duty to
18-24    integrate its health care delivery programs under Section 12.0115,
18-25    Health and Safety Code, as added by this Act.
18-26          (c)  The department shall make an interim report regarding
18-27    its problems and progress in implementing the pilot project not
 19-1    later than September 1, 2000, as part of the initial comprehensive
 19-2    strategic and operational plan required under Section 11.0045,
 19-3    Health and Safety Code, as added by this Act. The department shall
 19-4    fully evaluate the successes and problems of the completed pilot
 19-5    project as part of the comprehensive strategic and operational plan
 19-6    that the department is required to publish not later than September
 19-7    1, 2002.
 19-8          (d)  In addition to reporting on the problems and successes
 19-9    of the pilot project, the department shall evaluate generally the
19-10    duties imposed on the department under Section 12.0115, Health and
19-11    Safety Code, as added by this Act. The department shall report not
19-12    later than September 1, 2002, as part of the second comprehensive
19-13    strategic and operational plan, on the benefits and problems that
19-14    the department foresees in fully implementing Section 12.0115. The
19-15    second comprehensive report shall:
19-16                (1)  state the ways in which the department intends to
19-17    integrate its programs;
19-18                (2)  demonstrate why it is expected that the
19-19    department's approach will best promote the goals of program
19-20    integration, with regard to expected benefits to recipients and
19-21    providers of health services and with regard to administrative
19-22    savings expected to be realized by government and by providers of
19-23    health services;
19-24                (3)  address the extent to which the department has
19-25    implemented or plans to implement a uniform contracting process
19-26    that incorporates processes and principles identified by the
19-27    department's contract leverage team in its July 1996 Contracting
 20-1    Guide for Client Services, and state the expected savings and
 20-2    efficiencies that have resulted or should result from
 20-3    implementation;
 20-4                (4)  state the ways in which the department's plan to
 20-5    integrate the functions of its health care delivery programs
 20-6    includes a plan to coordinate contract performance monitoring,
 20-7    combine claims processing, and improve the process by which
 20-8    providers are reimbursed; and
 20-9                (5)  recommend any changes to state law that are needed
20-10    to remove impediments to an integrated health care delivery system.
20-11          SECTION 1.22.  (a)  The Texas Department of Health, with the
20-12    assistance of the state auditor, shall conduct a comprehensive
20-13    evaluation of the department's regulatory functions.  The
20-14    evaluation must include an examination and analysis of the
20-15    effectiveness of the department's:
20-16                (1)  rules that affect or support its regulatory
20-17    practices;
20-18                (2)  inspection efforts, including its scheduling of
20-19    inspections;
20-20                (3)  investigative practices, including investigations
20-21    conducted in response to a complaint;
20-22                (4)  use of sanctions;
20-23                (5)  enforcement actions in relation to the time it
20-24    takes to initiate and complete an enforcement action and in
20-25    relation to the role of the department's office of general counsel;
20-26    and
20-27                (6)  efforts to ensure compliance with applicable laws
 21-1    and rules.
 21-2          (b)  The department shall report the results of the
 21-3    evaluation, including the identification of any problem areas and
 21-4    any recommended solutions to the problems that require management
 21-5    actions or statutory changes, to the legislature and to the Texas
 21-6    Board of Health not later than November 1, 2000.
 21-7          SECTION 1.23.  (a)  The change in law made by this Act to
 21-8    Chapter 2003.021, Government Code, transferring the responsibility
 21-9    to conduct hearings in matters that are contested cases under
21-10    Chapter 2001, Government Code, from the commissioner of public
21-11    health and the Texas Board or Department of Health to the State
21-12    Office of Administrative Hearings, applies only to a contested case
21-13    in which notice of the hearing is given under Sections 2001.051 and
21-14    2001.052, Government Code, on or after the effective date of this
21-15    Act.  The commissioner of public health or the Texas Board or
21-16    Department of Health, as appropriate, shall conduct the hearing in
21-17    a contested case for which the notice of hearing is given before
21-18    the effective date of this Act.
21-19          (b)  This Act does not transfer from the commissioner of
21-20    public health or the Texas Board or Department of Health, as
21-21    appropriate, the responsibility to conduct a fair hearing that is
21-22    required under federal law unless the fair hearing is considered to
21-23    be a contested case under Chapter 2001, Government Code.
21-24          (c)  This Act does not require the commissioner of public
21-25    health or the Texas Board or Department of Health to transfer
21-26    personnel to the State Office of Administrative Hearings.
21-27          SECTION 1.24.  The changes in law made by this Act in the
 22-1    prohibitions applying to members of the Texas Board of Health do
 22-2    not affect the entitlement of a member serving on the board
 22-3    immediately before September 1, 1999, to continue to serve and
 22-4    function as a member of the board for the remainder of the member's
 22-5    term.  The changes in law apply only to a member appointed on or
 22-6    after September 1, 1999.
 22-7         ARTICLE 2.  LICENSURE OF HOSPITAL OUTPATIENT FACILITIES;
 22-8                         FEES CHARGED TO HOSPITALS
 22-9          SECTION 2.01.  Section 241.023, Health and Safety Code, is
22-10    amended to read as follows:
22-11          Sec. 241.023.  ISSUANCE OF LICENSE.  (a)  On receiving a
22-12    license application and the license fee, the department shall issue
22-13    a license if it finds that the applicant and the hospital comply
22-14    with this chapter and the rules or standards adopted under this
22-15    chapter.
22-16          (b)  A license may be renewed annually after payment of the
22-17    required fee.
22-18          (c)  The department may issue a license only for the premises
22-19    and person or governmental unit named in the application.
22-20          (d)  Subject to Subsection (e), a license issued under this
22-21    section for a hospital includes each outpatient facility that is
22-22    not separately licensed, that is located apart from the hospital,
22-23    and for which the hospital has submitted to the department:
22-24                (1)  a copy of a fire safety survey that is dated not
22-25    earlier than one year before the submission date indicating
22-26    approval by:
22-27                      (A)  the local fire authority in whose
 23-1    jurisdiction the outpatient facility is located; or
 23-2                      (B)  the nearest fire authority, if the
 23-3    outpatient facility is located outside of the jurisdiction of a
 23-4    local fire authority; and
 23-5                (2)  if the hospital is accredited by the Joint
 23-6    Commission on Accreditation of Healthcare Organizations or the
 23-7    American Osteopathic Association, a copy of documentation from the
 23-8    accrediting body showing that the outpatient facility is included
 23-9    within the hospital's accreditation.
23-10          (e)  Subsection (d) applies only if the federal Department of
23-11    Health and Human Services, Health Care Financing Administration, or
23-12    Office of Inspector General adopts final or interim final rules
23-13    requiring state licensure of outpatient facilities as a condition
23-14    of the determination of provider-based status for Medicare
23-15    reimbursement purposes.
23-16          (f)  A license may not be transferred or assigned without the
23-17    written approval of the department.
23-18          (g) [(e)]  A license shall be posted in a conspicuous place
23-19    on the licensed premises.
23-20          SECTION 2.02.  Section 241.025, Health and Safety Code, is
23-21    amended to read as follows:
23-22          Sec. 241.025.  LICENSE FEES.  (a)  The department shall
23-23    charge each hospital an annual license fee for an initial license
23-24    or a license renewal.
23-25          (b)  The board by rule shall adopt the fees authorized by
23-26    Subsection (a) according to a schedule under [in] which the number
23-27    of beds in the hospital determines the amount of the fee.  The fee
 24-1    may not exceed $15 [$10] a bed.  A minimum license fee may be
 24-2    established.  The minimum fee may not exceed $1,000[, and the total
 24-3    fee may not be less than $200 or more than $10,000].
 24-4          (c)  A fee adopted under this chapter must be based on the
 24-5    estimated cost to and level of effort expended by the department to
 24-6    conduct the activity for which the fee is imposed.  [The board by
 24-7    rule shall adopt a temporary initial license fee in an amount
 24-8    sufficient to cover the reasonable expense to the department of
 24-9    issuing the license.]
24-10          (d)  All license fees collected shall be deposited in the
24-11    state treasury to the credit of the department to administer and
24-12    enforce this chapter.  These fees are hereby appropriated to the
24-13    department.
24-14          SECTION 2.03.  Section 241.104, Health and Safety Code, is
24-15    amended to read as follows:
24-16          Sec. 241.104.  HOSPITAL PLAN REVIEWS.  (a)  The board by rule
24-17    shall adopt fees for hospital plan reviews according to a schedule
24-18    based on the estimated construction costs.  [If an estimated
24-19    construction cost cannot be established, the estimated cost is $105
24-20    per square foot.]
24-21          (b)  The fee schedule may not exceed the following:
24-22                     Cost of Construction            Fee
24-23         (1)          $   100,000 [600,000] or less  $  500
24-24         (2)          $   100,001 - $   600,000      $1,500
24-25         (3)          $   600,001 - $ 2,000,000      $3,000 [1,000]
24-26         (4) [(3)]    $ 2,000,001 - $ 5,000,000      $4,500 [1,500]
24-27         (5) [(4)]    $ 5,000,001 - $10,000,000      $6,000 [2,000]
 25-1         (6) [(5)]    $10,000,001 and over           $7,500 [3,000]
 25-2          (c)  The department shall charge a fee for field surveys of
 25-3    construction plans reviewed under this section.  The board by rule
 25-4    shall adopt a fee schedule for the surveys that provides a minimum
 25-5    fee of $500 [$100] and a maximum fee of $1,000 [$400] for each
 25-6    survey conducted.
 25-7          SECTION 2.04.  Section 241.0231, Health and Safety Code, is
 25-8    repealed.
 25-9          ARTICLE 3.  AMBULATORY SURGICAL CENTERS; ADMINISTRATIVE
25-10                                 PENALTIES
25-11          SECTION 3.01.  Chapter 243, Health and Safety Code, is
25-12    amended by adding Sections 243.015 and 243.016 to read as follows:
25-13          Sec. 243.015.  IMPOSITION OF ADMINISTRATIVE PENALTY.  (a)
25-14    The department may impose an administrative  penalty on a person
25-15    licensed under this chapter who violates this chapter or a rule or
25-16    order adopted under this chapter.  A penalty collected under this
25-17    section or Section 243.016 shall be deposited in the state treasury
25-18    in the general revenue fund.
25-19          (b)  A proceeding to impose the penalty is considered to be a
25-20    contested case under Chapter 2001, Government Code.
25-21          (c)  The amount of the penalty may not exceed $1,000 for each
25-22    violation, and each day a violation continues or occurs is a
25-23    separate violation for purposes of imposing a penalty.
25-24          (d)  The amount shall be based on:
25-25                (1)  the seriousness of the violation, including the
25-26    nature, circumstances, extent, and gravity of the violation;
25-27                (2)  the threat to health or safety caused by the
 26-1    violation;
 26-2                (3)  the history of previous violations;
 26-3                (4)  the amount necessary to deter a future violation;
 26-4                (5)  whether the violator demonstrated good faith,
 26-5    including when applicable whether the violator made good faith
 26-6    efforts to correct the violation; and
 26-7                (6)  any other matter that justice may require.
 26-8          (e)  If the department initially determines that a violation
 26-9    occurred, the department shall give written notice of the report by
26-10    certified mail to the person.
26-11          (f)  The notice under Subsection (e) must:
26-12                (1)  include a brief summary of the alleged violation;
26-13                (2)  state the amount of the recommended penalty; and
26-14                (3)  inform the person of the person's right to a
26-15    hearing on the occurrence of the violation, the amount of the
26-16    penalty, or both.
26-17          (g)  Within 20 days after the date the person receives the
26-18    notice under Subsection (e), the person in writing may:
26-19                (1)  accept the determination and recommended penalty
26-20    of the department; or
26-21                (2)  make a request for a hearing on the occurrence of
26-22    the violation, the amount of the penalty, or both.
26-23          (h)  If the person accepts the determination and recommended
26-24    penalty or if the person fails to respond to the notice the
26-25    commissioner of public health by order shall approve the
26-26    determination and impose the recommended penalty.
26-27          (i)  If the person requests a hearing, the commissioner of
 27-1    public health shall refer the matter to the State Office of
 27-2    Administrative Hearings, which shall promptly set a hearing date
 27-3    and give written notice of the time and place of the hearing to the
 27-4    person.  An administrative law judge of the State Office of
 27-5    Administrative Hearings shall conduct the hearing.
 27-6          (j)  The administrative law judge shall make findings of fact
 27-7    and conclusions of law and promptly issue to the commissioner of
 27-8    public health a proposal for a decision about the occurrence of the
 27-9    violation and the amount of a proposed penalty.
27-10          (k)  Based on the findings of fact, conclusions of law, and
27-11    proposal for a decision, the commissioner of public health by order
27-12    may:
27-13                (1)  find that a violation occurred and impose a
27-14    penalty; or
27-15                (2)  find that a violation did not occur.
27-16          (l)  The notice of the commissioner's order under Subsection
27-17    (k) that is sent to the person in accordance with Chapter 2001,
27-18    Government Code, must include a statement of the right of the
27-19    person to judicial review of the order.
27-20          Sec. 243.016.  PAYMENT AND COLLECTION OF ADMINISTRATIVE
27-21    PENALTY; JUDICIAL REVIEW.  (a)  Within 30 days after the date an
27-22    order of the commissioner of public health under Section 243.015(k)
27-23    that imposes an administrative penalty becomes final, the person
27-24    shall:
27-25                (1)  pay the penalty; or
27-26                (2)  file a petition for judicial review of the
27-27    commissioner's order contesting the occurrence of the violation,
 28-1    the amount of the penalty, or both.
 28-2          (b)  Within the 30-day period prescribed by Subsection (a), a
 28-3    person who files a petition for judicial review may:
 28-4                (1)  stay enforcement of the penalty by:
 28-5                      (A)  paying the penalty to the court for
 28-6    placement in an escrow account; or
 28-7                      (B)  giving the court a supersedeas bond approved
 28-8    by the court that:
 28-9                            (i)  is for the amount of the penalty; and
28-10                            (ii)  is effective until all judicial
28-11    review of the commissioner's order is final; or
28-12                (2)  request the court to stay enforcement of the
28-13    penalty by:
28-14                      (A)  filing with the court a sworn affidavit of
28-15    the person stating that the person is financially unable to pay the
28-16    penalty and is financially unable to give the supersedeas bond; and
28-17                      (B)  sending a copy of the affidavit to the
28-18    commissioner of public health by certified mail.
28-19          (c)  If the commissioner of public health receives a copy of
28-20    an affidavit under Subsection (b)(2), the commissioner  may file
28-21    with the court, within five days after the date the copy is
28-22    received, a contest to the affidavit.  The court shall hold a
28-23    hearing on the facts alleged in the affidavit as soon as
28-24    practicable and shall stay the enforcement of the penalty on
28-25    finding that the alleged facts are true.  The person who files an
28-26    affidavit has the burden of proving that the person is financially
28-27    unable to pay the penalty or to give a supersedeas bond.
 29-1          (d)  If the person does not pay the penalty and the
 29-2    enforcement of the penalty is not stayed, the penalty may be
 29-3    collected. The attorney general may sue to collect the penalty.
 29-4          (e)  If the court sustains the finding that a violation
 29-5    occurred, the court may uphold or reduce the amount of the penalty
 29-6    and order the person to pay the full or reduced amount of the
 29-7    penalty.
 29-8          (f)  If the court does not sustain the finding that a
 29-9    violation occurred, the court shall order that a penalty is not
29-10    owed.
29-11          (g)  If the person paid the penalty and if the amount of the
29-12    penalty is reduced or the penalty is not upheld by the court, the
29-13    court shall order, when the court's judgment becomes final, that
29-14    the appropriate amount plus accrued interest be remitted to the
29-15    person within 30 days after the date that the judgment of the court
29-16    becomes final. The interest accrues at the rate charged on loans to
29-17    depository institutions by the New York Federal Reserve Bank. The
29-18    interest shall be paid for the period beginning on the date the
29-19    penalty is paid and ending on the date the penalty is remitted.
29-20          (h)  If the person gave a supersedeas bond and the penalty is
29-21    not upheld by the court, the court shall order, when the court's
29-22    judgment becomes final, the release of the bond. If the person gave
29-23    a supersedeas bond and the amount of the penalty is reduced, the
29-24    court shall order the release of the bond after the person pays the
29-25    reduced amount.
29-26          ARTICLE 4.  BIRTHING CENTERS; ADMINISTRATIVE PENALTIES
29-27          SECTION 4.01.  Chapter 244, Health and Safety Code, is
 30-1    amended by adding Sections 244.015 and 244.016 to read as follows:
 30-2          Sec. 244.015.  IMPOSITION OF ADMINISTRATIVE PENALTY.  (a)
 30-3    The department may impose an administrative penalty on a person
 30-4    licensed under this chapter who violates this chapter or a rule or
 30-5    order adopted under this chapter.  A penalty collected under this
 30-6    section or Section 244.016 shall be deposited in the state treasury
 30-7    in the general revenue fund.
 30-8          (b)  A proceeding to impose the penalty is considered to be a
 30-9    contested case under Chapter 2001, Government Code.
30-10          (c)  The amount of the penalty may not exceed $1,000 for each
30-11    violation, and each day a violation continues or occurs is a
30-12    separate violation for purposes of imposing a penalty.
30-13          (d)  The amount shall be based on:
30-14                (1)  the seriousness of the violation, including the
30-15    nature, circumstances, extent, and gravity of the violation;
30-16                (2)  the threat to health or safety caused by the
30-17    violation;
30-18                (3)  the history of previous violations;
30-19                (4)  the amount necessary to deter a future violation;
30-20                (5)  whether the violator demonstrated good faith,
30-21    including when applicable whether the violator made good faith
30-22    efforts to correct the violation; and
30-23                (6)  any other matter that justice may require.
30-24          (e)  If the department initially determines that a violation
30-25    occurred, the department shall give written notice of the report by
30-26    certified mail to the person.
30-27          (f)  The notice under Subsection (e) must:
 31-1                (1)  include a brief summary of the alleged violation;
 31-2                (2)  state the amount of the recommended penalty; and
 31-3                (3)  inform the person of the person's right to a
 31-4    hearing on the occurrence of the violation, the amount of the
 31-5    penalty, or both.
 31-6          (g)  Within 20 days after the date the person receives the
 31-7    notice under Subsection (e), the person in writing may:
 31-8                (1)  accept the determination and recommended penalty
 31-9    of the department; or
31-10                (2)  make a request for a hearing on the occurrence of
31-11    the violation, the amount of the penalty, or both.
31-12          (h)  If the person accepts the determination and recommended
31-13    penalty or if the person fails to respond to the notice, the
31-14    commissioner of public health by order shall approve the
31-15    determination and impose the recommended penalty.
31-16          (i)  If the person requests a hearing, the commissioner of
31-17    public health shall refer the matter to the State Office of
31-18    Administrative Hearings, which shall promptly set a hearing date
31-19    and give written notice of the time and place of the hearing to the
31-20    person. An administrative law judge of the State Office of
31-21    Administrative Hearings shall conduct the hearing.
31-22          (j)  The administrative law judge shall make findings of fact
31-23    and conclusions of law and promptly issue to the commissioner of
31-24    public health a proposal for a decision about the occurrence of the
31-25    violation and the amount of a proposed penalty.
31-26          (k)  Based on the findings of fact, conclusions of law, and
31-27    proposal for a decision, the commissioner of public health by order
 32-1    may:
 32-2                (1)  find that a violation occurred and impose a
 32-3    penalty; or
 32-4                (2)  find that a violation did not occur.
 32-5          (l)  The notice of the commissioner's order under Subsection
 32-6    (k) that is sent to the person in accordance with Chapter 2001,
 32-7    Government Code, must include a statement of the right of the
 32-8    person to judicial review of the order.
 32-9          Sec. 244.016.  PAYMENT AND COLLECTION OF ADMINISTRATIVE
32-10    PENALTY; JUDICIAL REVIEW.  (a)  Within 30 days after the date an
32-11    order of the commissioner of public health under Section 244.015(k)
32-12    that imposes an administrative penalty becomes final, the person
32-13    shall:
32-14                (1)  pay the penalty; or
32-15                (2)  file a petition for judicial review of the
32-16    commissioner's order contesting the occurrence of the violation,
32-17    the amount of the penalty, or both.
32-18          (b)  Within the 30-day period prescribed by Subsection (a), a
32-19    person who files a petition for judicial review may:
32-20                (1)  stay enforcement of the penalty by:
32-21                      (A)  paying the penalty to the court for
32-22    placement in an escrow account; or
32-23                      (B)  giving the court a supersedeas bond approved
32-24    by the court that:
32-25                            (i)  is for the amount of the penalty; and
32-26                            (ii)  is effective until all judicial
32-27    review of the commissioner's order is final; or
 33-1                (2)  request the court to stay enforcement of the
 33-2    penalty by:
 33-3                      (A)  filing with the court a sworn affidavit of
 33-4    the person stating that the person is financially unable to pay the
 33-5    penalty and is financially unable to give the supersedeas bond; and
 33-6                      (B)  sending a copy of the affidavit to the
 33-7    commissioner of public health by certified mail.
 33-8          (c)  If the commissioner of public health receives a copy of
 33-9    an affidavit under Subsection (b)(2), the commissioner  may file
33-10    with the court, within five days after the date the copy is
33-11    received, a contest to the affidavit.  The court shall hold a
33-12    hearing on the facts alleged in the affidavit as soon as
33-13    practicable and shall stay the enforcement of the penalty on
33-14    finding that the alleged facts are true.  The person who files an
33-15    affidavit has the burden of proving that the person is financially
33-16    unable to pay the penalty or to give a supersedeas bond.
33-17          (d)  If the person does not pay the penalty and the
33-18    enforcement of the penalty is not stayed, the penalty may be
33-19    collected. The attorney general may sue to collect the penalty.
33-20          (e)  If the court sustains the finding that a violation
33-21    occurred, the court may uphold or reduce the amount of the penalty
33-22    and order the person to pay the full or reduced amount of the
33-23    penalty.
33-24          (f)  If the court does not sustain the finding that a
33-25    violation occurred, the court shall order that a penalty is not
33-26    owed.
33-27          (g)  If the person paid the penalty and if the amount of the
 34-1    penalty is reduced or the penalty is not upheld by the court, the
 34-2    court shall order, when the court's judgment becomes final, that
 34-3    the appropriate amount plus accrued interest be remitted to the
 34-4    person within 30 days after the date that the judgment of the court
 34-5    becomes final. The interest accrues at the rate charged on loans to
 34-6    depository institutions by the New York Federal Reserve Bank. The
 34-7    interest shall be paid for the period beginning on the date the
 34-8    penalty is paid and ending on the date the penalty is remitted.
 34-9          (h)  If the person gave a supersedeas bond and the penalty is
34-10    not upheld by the court, the court shall order, when the court's
34-11    judgment becomes final, the release of the bond. If the person gave
34-12    a supersedeas bond and the amount of the penalty is reduced, the
34-13    court shall order the release of the bond after the person pays the
34-14    reduced amount.
34-15       ARTICLE 5.  SPECIAL CARE FACILITIES; ADMINISTRATIVE PENALTIES
34-16          SECTION 5.01.  Chapter 248, Health and Safety Code, is
34-17    amended by adding Subchapter D to read as follows:
34-18                   SUBCHAPTER D.  ADMINISTRATIVE PENALTY
34-19          Sec. 248.101.  IMPOSITION OF PENALTY.  (a)  The department of
34-20    health may impose an administrative penalty on a person licensed
34-21    under this chapter who violates this chapter or a rule or order
34-22    adopted under this chapter.
34-23          (b)  A penalty collected under this subchapter shall be
34-24    deposited in the state treasury in the general revenue fund.
34-25          Sec. 248.102.  AMOUNT OF PENALTY.  (a)  The amount of the
34-26    penalty may not exceed $1,000 for each violation, and each day a
34-27    violation continues or occurs is a separate violation for purposes
 35-1    of imposing a penalty.
 35-2          (b)  The amount shall be based on:
 35-3                (1)  the seriousness of the violation, including the
 35-4    nature, circumstances, extent, and gravity of the violation;
 35-5                (2)  the threat to health or safety caused by the
 35-6    violation;
 35-7                (3)  the history of previous violations;
 35-8                (4)  the amount necessary to deter a future violation;
 35-9                (5)  whether the violator demonstrated good faith,
35-10    including when applicable whether the violator made good faith
35-11    efforts to correct the violation; and
35-12                (6)  any other matter that justice may require.
35-13          Sec. 248.103.  REPORT AND NOTICE OF VIOLATION AND PENALTY.
35-14    (a)  If the department initially determines that a violation
35-15    occurred, the department shall give written notice of the report by
35-16    certified mail to the person.
35-17          (b)  The notice must:
35-18                (1)  include a brief summary of the alleged violation;
35-19                (2)  state the amount of the recommended penalty; and
35-20                (3)  inform the person of the person's right to a
35-21    hearing on the occurrence of the violation, the amount of the
35-22    penalty, or both.
35-23          Sec. 248.104.  PENALTY TO BE PAID OR HEARING REQUESTED.  (a)
35-24    Within 20 days after the date the person receives the notice sent
35-25    under Section 248.103, the person in writing may:
35-26                (1)  accept the determination and recommended penalty
35-27    of the department; or
 36-1                (2)  make a request for a hearing on the occurrence of
 36-2    the violation, the amount of the penalty, or both.
 36-3          (b)  If the person accepts the determination and recommended
 36-4    penalty or if the person fails to respond to the notice, the
 36-5    commissioner of public health by order shall approve the
 36-6    determination and impose the recommended penalty.
 36-7          Sec. 248.105.  HEARING.  (a)  If the person requests a
 36-8    hearing, the commissioner of public health shall refer the matter
 36-9    to the State Office of Administrative Hearings, which shall
36-10    promptly set a hearing date and give written notice of the time and
36-11    place of the hearing to the person. An administrative law judge of
36-12    the State Office of Administrative Hearings shall conduct the
36-13    hearing.
36-14          (b)  The administrative law judge shall make findings of fact
36-15    and conclusions of law and promptly issue to the commissioner of
36-16    public health a proposal for a decision about the occurrence of the
36-17    violation and the amount of a proposed penalty.
36-18          Sec. 248.106.  DECISION BY COMMISSIONER.  (a)  Based on the
36-19    findings of fact, conclusions of law, and proposal for a decision,
36-20    the commissioner of public health by order may:
36-21                (1)  find that a violation occurred and impose a
36-22    penalty; or
36-23                (2)  find that a violation did not occur.
36-24          (b)  The notice of the commissioner's order under Subsection
36-25    (a) that is sent to the person in accordance with Chapter 2001,
36-26    Government Code, must include a statement of the right of the
36-27    person to judicial review of the order.
 37-1          Sec. 248.107.  OPTIONS FOLLOWING DECISION: PAY OR APPEAL.
 37-2    Within 30 days after the date the order of the commissioner of
 37-3    public health under Section 248.106 that imposes an administrative
 37-4    penalty becomes final, the person shall:
 37-5                (1)  pay the penalty; or
 37-6                (2)  file a petition for judicial review of the
 37-7    commissioner's order contesting the occurrence of the violation,
 37-8    the amount of the penalty, or both.
 37-9          Sec. 248.108.  STAY OF ENFORCEMENT OF PENALTY.  (a)  Within
37-10    the 30-day period prescribed by Section 248.107, a person who files
37-11    a petition for judicial review may:
37-12                (1)  stay enforcement of the penalty by:
37-13                      (A)  paying the penalty to the court for
37-14    placement in an escrow account; or
37-15                      (B)  giving the court a supersedeas bond approved
37-16    by the court that:
37-17                            (i)  is for the amount of the penalty; and
37-18                            (ii)  is effective until all judicial
37-19    review of the commissioner's order is final; or
37-20                (2)  request the court to stay enforcement of the
37-21    penalty by:
37-22                      (A)  filing with the court a sworn affidavit of
37-23    the person stating that the person is financially unable to pay the
37-24    penalty and is financially unable to give the supersedeas bond; and
37-25                      (B)  sending a copy of the affidavit to the
37-26    commissioner of public health by certified mail.
37-27          (b)  If the commissioner of public health receives a copy of
 38-1    an affidavit under Subsection (a)(2), the commissioner may file
 38-2    with the court, within five days after the date the copy is
 38-3    received, a contest to the affidavit.  The court shall hold a
 38-4    hearing on the facts alleged in the affidavit as soon as
 38-5    practicable and shall stay the enforcement of the penalty on
 38-6    finding that the alleged facts are true.  The person who files an
 38-7    affidavit has the burden of proving that the person is financially
 38-8    unable to pay the penalty or to give a supersedeas bond.
 38-9          Sec. 248.109.  COLLECTION OF PENALTY.  (a)  If the person
38-10    does not pay the penalty and the enforcement of the penalty is not
38-11    stayed, the penalty may be collected.
38-12          (b)  The attorney general may sue to collect the penalty.
38-13          Sec. 248.110.  DECISION BY COURT.  (a)  If the court sustains
38-14    the finding that a violation occurred, the court may uphold or
38-15    reduce the amount of the penalty and order the person to pay the
38-16    full or reduced amount of the penalty.
38-17          (b)  If the court does not sustain the finding that a
38-18    violation occurred, the court shall order that a penalty is not
38-19    owed.
38-20          Sec. 248.111.  REMITTANCE OF PENALTY AND INTEREST.  (a)  If
38-21    the person paid the penalty and if the amount of the penalty is
38-22    reduced or the penalty is not upheld by the court, the court shall
38-23    order, when the court's judgment becomes final, that the
38-24    appropriate amount plus accrued interest be remitted to the person
38-25    within 30 days after the date that the judgment of the court
38-26    becomes final.
38-27          (b)  The interest accrues at the rate charged on loans to
 39-1    depository institutions by the New York Federal Reserve Bank.
 39-2          (c)  The interest shall be paid for the period beginning on
 39-3    the date the penalty is paid and ending on the date the penalty is
 39-4    remitted.
 39-5          Sec. 248.112.  RELEASE OF BOND.  (a)  If the person gave a
 39-6    supersedeas bond and the penalty is not upheld by the court, the
 39-7    court shall order, when the court's judgment becomes final, the
 39-8    release of the bond.
 39-9          (b)  If the person gave a supersedeas bond and the amount of
39-10    the penalty is reduced, the court shall order the release of the
39-11    bond after the person pays the reduced amount.
39-12          Sec. 248.113.  ADMINISTRATIVE PROCEDURE.  A proceeding to
39-13    impose the penalty is considered to be a contested case under
39-14    Chapter 2001, Government Code.
39-15       ARTICLE 6.  ABUSABLE GLUES AND AEROSOL PAINTS; ADMINISTRATIVE
39-16                                 PENALTIES
39-17          SECTION 6.01.  Chapter 485, Health and Safety Code, is
39-18    amended by adding Subchapter D to read as follows:
39-19                   SUBCHAPTER D.  ADMINISTRATIVE PENALTY
39-20          Sec. 485.101.  IMPOSITION OF PENALTY.  (a)  The department
39-21    may impose an administrative penalty on a person who sells abusable
39-22    glue or aerosol paint at retail who violates this chapter or a rule
39-23    or order adopted under this chapter.
39-24          (b)  A penalty collected under this subchapter shall be
39-25    deposited in the state treasury in the general revenue fund.
39-26          Sec. 485.102.  AMOUNT OF PENALTY.  (a)  The amount of the
39-27    penalty may not exceed $1,000 for each violation and each day a
 40-1    violation continues or occurs is a separate violation for purposes
 40-2    of imposing a penalty.
 40-3          (b)  The amount shall be based on:
 40-4                (1)  the seriousness of the violation, including the
 40-5    nature, circumstances, extent, and gravity of the violation;
 40-6                (2)  the threat to health or safety caused by the
 40-7    violation;
 40-8                (3)  the history of previous violations;
 40-9                (4)  the amount necessary to deter a future violation;
40-10                (5)  whether the violator demonstrated good faith,
40-11    including when applicable whether the violator made good faith
40-12    efforts to correct the violation; and
40-13                (6)  any other matter that justice may require.
40-14          Sec. 485.103.  REPORT AND NOTICE OF VIOLATION AND PENALTY.
40-15    (a)  If the department initially determines that a violation
40-16    occurred, the department shall give written notice of the report by
40-17    certified mail to the person.
40-18          (b)  The notice must:
40-19                (1)  include a brief summary of the alleged violation;
40-20                (2)  state the amount of the recommended penalty; and
40-21                (3)  inform the person of the person's right to a
40-22    hearing on the occurrence of the violation, the amount of the
40-23    penalty, or both.
40-24          Sec. 485.104.  PENALTY TO BE PAID OR HEARING REQUESTED.  (a)
40-25    Within 20 days after the date the person receives the notice sent
40-26    under Section 485.103, the person in writing may:
40-27                (1)  accept the determination and recommended penalty
 41-1    of the department; or
 41-2                (2)  make a request for a hearing on the occurrence of
 41-3    the violation, the amount of the penalty, or both.
 41-4          (b)  If the person accepts the determination and recommended
 41-5    penalty or if the person fails to respond to the notice, the
 41-6    commissioner by order shall approve the determination and impose
 41-7    the recommended penalty.
 41-8          Sec. 485.105.  HEARING.  (a)  If the person requests a
 41-9    hearing, the commissioner shall refer the matter to the State
41-10    Office of Administrative Hearings, which shall promptly set a
41-11    hearing date and give written notice of the time and place of the
41-12    hearing to the person. An administrative law judge of the State
41-13    Office of Administrative Hearings shall conduct the hearing.
41-14          (b)  The administrative law judge shall make findings of fact
41-15    and conclusions of law and promptly issue to the commissioner a
41-16    proposal for a decision about the occurrence of the violation and
41-17    the amount of a proposed penalty.
41-18          Sec. 485.106.  DECISION BY COMMISSIONER.  (a)  Based on the
41-19    findings of fact, conclusions of law, and proposal for a decision,
41-20    the commissioner by order may:
41-21                (1)  find that a violation occurred and impose a
41-22    penalty; or
41-23                (2)  find that a violation did not occur.
41-24          (b)  The notice of the commissioner's order under Subsection
41-25    (a) that is sent to the  person in accordance with Chapter 2001,
41-26    Government Code, must include a statement of the right of the
41-27    person to judicial review of the order.
 42-1          Sec. 485.107.  OPTIONS FOLLOWING DECISION: PAY OR APPEAL.
 42-2    Within 30 days after the date the order of the commissioner under
 42-3    Section 485.106 that imposes an administrative penalty becomes
 42-4    final, the person shall:
 42-5                (1)  pay the penalty; or
 42-6                (2)  file a petition for judicial review of the
 42-7    commissioner's order contesting the occurrence of the violation,
 42-8    the amount of the penalty, or both.
 42-9          Sec. 485.108.  STAY OF ENFORCEMENT OF PENALTY.  (a)  Within
42-10    the 30-day period prescribed by Section 485.107, a person who files
42-11    a petition for judicial review may:
42-12                (1)  stay enforcement of the penalty by:
42-13                      (A)  paying the penalty to the court for
42-14    placement in an escrow account; or
42-15                      (B)  giving the court a supersedeas bond approved
42-16    by the court that:
42-17                            (i)  is for the amount of the penalty; and
42-18                            (ii)  is effective until all judicial
42-19    review of the commissioner's order is final; or
42-20                (2)  request the court to stay enforcement of the
42-21    penalty by:
42-22                      (A)  filing with the court a sworn affidavit of
42-23    the person stating that the person is financially unable to pay the
42-24    penalty and is financially unable to give the supersedeas bond; and
42-25                      (B)  sending a copy of the affidavit to the
42-26    commissioner by certified mail.
42-27          (b)  If the commissioner receives a copy of an affidavit
 43-1    under Subsection (a)(2), the commissioner may file with the court,
 43-2    within five days after the date the copy is received, a contest to
 43-3    the affidavit.  The court shall hold a hearing on the facts alleged
 43-4    in the affidavit as soon as practicable and shall stay the
 43-5    enforcement of the penalty on finding that the alleged facts are
 43-6    true.  The person who files an affidavit has the burden of proving
 43-7    that the person is financially unable to pay the penalty or to give
 43-8    a supersedeas bond.
 43-9          Sec. 485.109.  COLLECTION OF PENALTY.  (a)  If the person
43-10    does not pay the penalty and the enforcement of the penalty is not
43-11    stayed, the penalty may be collected.
43-12          (b)  The attorney general may sue to collect the penalty.
43-13          Sec. 485.110.  DECISION BY COURT.  (a)  If the court sustains
43-14    the finding that a violation occurred, the court may uphold or
43-15    reduce the amount of the penalty and order the person to pay the
43-16    full or reduced amount of the penalty.
43-17          (b)  If the court does not sustain the finding that a
43-18    violation occurred, the court shall order that a penalty is not
43-19    owed.
43-20          Sec. 485.111.  REMITTANCE OF PENALTY AND INTEREST.  (a)  If
43-21    the person paid the penalty and if the amount of the penalty is
43-22    reduced or the penalty is not upheld by the court, the court shall
43-23    order, when the court's judgment becomes final, that the
43-24    appropriate amount plus accrued interest be remitted to the person
43-25    within 30 days after the date that the judgment of the court
43-26    becomes final.
43-27          (b)  The interest accrues at the rate charged on loans to
 44-1    depository institutions by the New York Federal Reserve Bank.
 44-2          (c)  The interest shall be paid for the period beginning on
 44-3    the date the penalty is paid and ending on the date the penalty is
 44-4    remitted.
 44-5          Sec. 485.112.  RELEASE OF BOND.  (a)  If the person gave a
 44-6    supersedeas bond and the penalty is not upheld by the court, the
 44-7    court shall order, when the court's judgment becomes final, the
 44-8    release of the bond.
 44-9          (b)  If the person gave a supersedeas bond and the amount of
44-10    the penalty is reduced, the court shall order the release of the
44-11    bond after the person pays the reduced amount.
44-12          Sec. 485.113.  ADMINISTRATIVE PROCEDURE.  A proceeding to
44-13    impose the penalty is considered to be a contested case under
44-14    Chapter 2001, Government Code.
44-15         ARTICLE 7.  HAZARDOUS SUBSTANCES; ADMINISTRATIVE PENALTY
44-16          SECTION 7.01.  Chapter 501, Health and Safety Code, is
44-17    amended by adding Subchapter D to read as follows:
44-18                   SUBCHAPTER D.  ADMINISTRATIVE PENALTY
44-19          Sec. 501.101.  IMPOSITION OF PENALTY.  (a)  The department
44-20    may impose an administrative penalty on a person:
44-21                (1)  who manufactures or repacks a hazardous substance
44-22    that is distributed in this state or who distributes a hazardous
44-23    substance in this state; and
44-24                (2)  who violates this chapter or a rule or order
44-25    adopted under this chapter.
44-26          (b)  A penalty collected under this subchapter shall be
44-27    deposited in the state treasury in the general revenue fund.
 45-1          Sec. 501.102.  AMOUNT OF PENALTY.  (a)  The amount of the
 45-2    penalty may not exceed $1,000 for each violation, and each day a
 45-3    violation continues or occurs is a separate violation for purposes
 45-4    of imposing a penalty.
 45-5          (b)  The amount shall be based on:
 45-6                (1)  the seriousness of the violation, including the
 45-7    nature, circumstances, extent, and gravity of the violation;
 45-8                (2)  the threat to health or safety caused by the
 45-9    violation;
45-10                (3)  the history of previous violations;
45-11                (4)  the amount necessary to deter a future violation;
45-12                (5)  whether the violator demonstrated good faith,
45-13    including when applicable whether the violator made good faith
45-14    efforts to correct the violation; and
45-15                (6)  any other matter that justice may require.
45-16          Sec. 501.103.  REPORT AND NOTICE OF VIOLATION AND PENALTY.
45-17    (a)  If the department initially determines that a violation
45-18    occurred, the department shall give written notice of the report by
45-19    certified mail to the person.
45-20          (b)  The notice must:
45-21                (1)  include a brief summary of the alleged violation;
45-22                (2)  state the amount of the recommended penalty; and
45-23                (3)  inform the person of the person's right to a
45-24    hearing on the occurrence of the violation, the amount of the
45-25    penalty, or both.
45-26          Sec. 501.104.  PENALTY TO BE PAID OR HEARING REQUESTED.  (a)
45-27    Within 20 days after the date the person receives the notice sent
 46-1    under Section 501.103, the person in writing may:
 46-2                (1)  accept the determination and recommended penalty
 46-3    of the department; or
 46-4                (2)  make a request for a hearing on the occurrence of
 46-5    the violation, the amount of the penalty, or both.
 46-6          (b)  If the person accepts the determination and recommended
 46-7    penalty or if the person fails to respond to the notice, the
 46-8    commissioner of public health by order shall approve the
 46-9    determination and impose the recommended penalty.
46-10          Sec. 501.105.  HEARING.  (a)  If the person requests a
46-11    hearing, the commissioner of public health shall refer the matter
46-12    to the State Office of Administrative Hearings, which shall
46-13    promptly set a hearing date and give written notice of the time and
46-14    place of the hearing to the person. An administrative law judge of
46-15    the State Office of Administrative Hearings shall conduct the
46-16    hearing.
46-17          (b)  The administrative law judge shall make findings of fact
46-18    and conclusions of law and promptly issue to the commissioner of
46-19    public health a proposal for a decision about the occurrence of the
46-20    violation and the amount of a proposed penalty.
46-21          Sec. 501.106.  DECISION BY COMMISSIONER.  (a)  Based on the
46-22    findings of fact, conclusions of law, and proposal for a decision,
46-23    the commissioner of public health by order may:
46-24                (1)  find that a violation occurred and impose a
46-25    penalty; or
46-26                (2)  find that a violation did not occur.
46-27          (b)  The notice of the commissioner's order under Subsection
 47-1    (a)  that is sent to the person in accordance with Chapter 2001,
 47-2    Government Code, must include a statement of the right of the
 47-3    person to judicial review of the order.
 47-4          Sec. 501.107.  OPTIONS FOLLOWING DECISION: PAY OR APPEAL.
 47-5    Within 30 days after the date an order of the commissioner of
 47-6    public health under Section 501.106 that imposes an administrative
 47-7    penalty becomes final, the person shall:
 47-8                (1)  pay the penalty; or
 47-9                (2)  file a petition for judicial review of the
47-10    commissioner's order contesting the occurrence of the violation,
47-11    the amount of the penalty, or both.
47-12          Sec. 501.108.  STAY OF ENFORCEMENT OF PENALTY.  (a)  Within
47-13    the 30-day period prescribed by Section 501.107, a person who files
47-14    a petition for judicial review may:
47-15                (1)  stay enforcement of the penalty by:
47-16                      (A)  paying the penalty to the court for
47-17    placement in an escrow account; or
47-18                      (B)  giving the court a supersedeas bond approved
47-19    by the court that:
47-20                            (i)  is for the amount of the penalty; and
47-21                            (ii)  is effective until all judicial
47-22    review of the commissioner's order is final; or
47-23                (2)  request the court to stay enforcement of the
47-24    penalty by:
47-25                      (A)  filing with the court a sworn affidavit of
47-26    the person stating that the person is financially unable to pay the
47-27    penalty and is financially unable to give the supersedeas bond; and
 48-1                      (B)  giving a copy of the affidavit to the
 48-2    commissioner of public health by certified mail.
 48-3          (b)  If the commissioner of public health receives a copy of
 48-4    an affidavit under Subsection (a)(2), the commissioner may file
 48-5    with the court, within five days after the date the copy is
 48-6    received, a contest to the affidavit.  The court shall hold a
 48-7    hearing on the facts alleged in the affidavit as soon as
 48-8    practicable and shall stay the enforcement of the penalty on
 48-9    finding that the alleged facts are true.  The person who files an
48-10    affidavit has the burden of proving that the person is financially
48-11    unable to pay the penalty or to give a supersedeas bond.
48-12          Sec. 501.109.  COLLECTION OF PENALTY.  (a)  If the person
48-13    does not pay the penalty and the enforcement of the penalty is not
48-14    stayed, the penalty may be collected.
48-15          (b)  The attorney general may sue to collect the penalty.
48-16          Sec. 501.110.  DECISION BY COURT.  (a)  If the court sustains
48-17    the finding that a violation occurred, the court may uphold or
48-18    reduce the amount of the penalty and order the person to pay the
48-19    full or reduced amount of the penalty.
48-20          (b)  If the court does not sustain the finding that a
48-21    violation occurred, the court shall order that a penalty is not
48-22    owed.
48-23          Sec. 501.111.  REMITTANCE OF PENALTY AND INTEREST.  (a)  If
48-24    the person paid the penalty and if the amount of the penalty is
48-25    reduced or the penalty is not upheld by the court, the court shall
48-26    order, when the court's judgment becomes final, that the
48-27    appropriate amount plus accrued interest be remitted to the person
 49-1    within 30 days after the date that the judgment of the court
 49-2    becomes final.
 49-3          (b)  The interest accrues at the rate charged on loans to
 49-4    depository institutions by the New York Federal Reserve Bank.
 49-5          (c)  The interest shall be paid for the period beginning on
 49-6    the date the penalty is paid and ending on the date the penalty is
 49-7    remitted.
 49-8          Sec. 501.112.  RELEASE OF BOND.  (a)  If the person gave a
 49-9    supersedeas bond and the penalty is not upheld by the court, the
49-10    court shall order, when the court's judgment becomes final, the
49-11    release of the bond.
49-12          (b)  If the person gave a supersedeas bond and the amount of
49-13    the penalty is reduced, the court shall order the release of the
49-14    bond after the person pays the reduced amount.
49-15          Sec. 501.113.  ADMINISTRATIVE PROCEDURE.  A proceeding to
49-16    impose the penalty is considered to be a contested case under
49-17    Chapter 2001, Government Code.
49-18      ARTICLE 8.  FEES FOR PRIVATE MENTAL HOSPITALS AND CERTAIN OTHER
49-19                         MENTAL HEALTH FACILITIES
49-20          SECTION 8.01.  Section 577.006, Health and Safety Code, is
49-21    amended to read as follows:
49-22          Sec. 577.006.  FEES.  (a)  The department shall charge each
49-23    hospital an annual license fee for an initial license or a license
49-24    renewal [board by rule shall adopt:]
49-25                [(1)  an application fee;]
49-26                [(2)  a license fee;]
49-27                [(3)  a fee schedule for reviewing the plan of the
 50-1    hospital or facility premises; and]
 50-2                [(4)  a fee schedule for field surveys of construction
 50-3    plans].
 50-4          (b)  The board by rule shall adopt the fees authorized by
 50-5    Subsection (a)  according to a schedule under which the number of
 50-6    beds in the hospital determines the amount of the fee.  The fee may
 50-7    not exceed $15 a bed.  A minimum license fee may be established.
 50-8    The minimum fee may not exceed $1,000 [department may establish
 50-9    staggered license renewal dates  and dates on which fees are due].
50-10          (c)  The board by rule shall adopt fees for hospital plan
50-11    reviews according to a schedule under which the amount of the fees
50-12    are based on the estimated construction costs.  [A fee adopted
50-13    under this chapter must be based on the estimated cost to and the
50-14    level of effort expended by the department to conduct the activity
50-15    for which the fee is imposed.]
50-16          (d)  The fees imposed under the schedule may not exceed the
50-17    following:
50-18               Cost of Construction                Fee
50-19          (1)  $   100,000 or less                $  500
50-20          (2)  $   100,001 - $   600,000          $1,500
50-21          (3)  $   600,001 - $ 2,000,000          $3,000
50-22          (4)  $ 2,000,001 - $ 5,000,000          $4,500
50-23          (5)  $ 5,000,001 - $10,000,000          $6,000
50-24          (6)  $10,000,001 and over               $7,500
50-25    [The fees should be designed to recover all of the department's
50-26    cost in granting the initial license and in renewing the license,
50-27    but may not exceed $250.]
 51-1          (e)  The department shall charge a fee for field surveys of
 51-2    construction plans reviewed under this section.  The board by rule
 51-3    shall adopt a fee schedule for the surveys that provides a minimum
 51-4    fee of $500 and a maximum fee of $1,000 for each survey conducted
 51-5    [fee for a plan review or field survey may not exceed $650].
 51-6          (f)  The department annually shall review the fee schedules
 51-7    to ensure that the fees charged are based on the estimated costs to
 51-8    and level of effort expended by the department.
 51-9          (g)  The department may establish staggered license renewal
51-10    dates and dates on which fees are due.
51-11          (h)  A fee adopted under this chapter must be based on the
51-12    estimated cost to and level of effort expended by the department to
51-13    conduct the activity for which the fee is imposed.
51-14          (i)  All license fees collected shall be deposited in the
51-15    state treasury to the credit of the department to administer and
51-16    enforce this chapter.  These fees may be appropriated only to the
51-17    department.  [Fees collected under this chapter shall be deposited
51-18    in the state treasury in a separate fund and may be appropriated
51-19    for salaries, maintenance, travel expenses, repairs, printing,
51-20    postage, and other uses and purposes prescribed by this subtitle.]
51-21      ARTICLE 9.  STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE
51-22                         RADIATION ADVISORY BOARD
51-23          SECTION 9.01.  Section 401.015, Health and Safety Code, is
51-24    amended by adding Subsections (d), (e), and (f) to read as follows:
51-25          (d)  In this subsection, "Texas trade association" means a
51-26    cooperative and voluntarily joined association of business or
51-27    professional competitors in this state designed to assist its
 52-1    members and its industry or profession in dealing with mutual
 52-2    business or professional problems and in promoting their common
 52-3    interest. A person may not be a member of the advisory board if:
 52-4                (1)  the person is an officer, employee, or paid
 52-5    consultant of a Texas trade association in the field of health
 52-6    physics or radiological health; or
 52-7                (2)  the person's spouse is an officer, manager, or
 52-8    paid consultant of a Texas trade association in the field of health
 52-9    physics or radiological health.
52-10          (e)  A person may not be a member of the advisory board or
52-11    act as the general counsel to the advisory board if the person is
52-12    required to register as a lobbyist under Chapter 305, Government
52-13    Code, because of the person's activities for compensation on behalf
52-14    of a profession related to the operation of the advisory board.
52-15          (f)  Appointments to the advisory board shall be made without
52-16    regard to the race, color, disability, sex, religion, age, or
52-17    national origin of the appointees.
52-18          SECTION 9.02.  Subchapter B, Chapter 401, Health and Safety
52-19    Code, is amended by adding Sections 401.0151 through 401.0153 to
52-20    read as follows:
52-21          Sec. 401.0151.  TRAINING FOR ADVISORY BOARD MEMBERS.  (a)  A
52-22    person who is appointed to and qualifies for office as a member of
52-23    the advisory board may not vote, deliberate, or be counted as a
52-24    member in attendance at a meeting of the advisory board until the
52-25    person completes a training program that complies with this
52-26    section.
52-27          (b)  The training program must provide the person with
 53-1    information regarding:
 53-2                (1)  the legislation that created the advisory board;
 53-3                (2)  the role and functions of the advisory board;
 53-4                (3)  the rules of the advisory board and applicable
 53-5    rules of the department with an emphasis on the rules that relate
 53-6    to disciplinary and investigatory authority;
 53-7                (4)  the requirements of:
 53-8                      (A)  the open meetings law, Chapter 551,
 53-9    Government Code;
53-10                      (B)  the public information law, Chapter 552,
53-11    Government Code;
53-12                      (C)  the administrative procedure law, Chapter
53-13    2001, Government Code; and
53-14                      (D)  other laws relating to public officials,
53-15    including conflict-of-interest laws; and
53-16                (5)  any applicable ethics policies adopted by the
53-17    advisory board or the Texas Ethics Commission.
53-18          (c)  A person appointed to the advisory board is entitled to
53-19    reimbursement, as provided by the General Appropriations Act, for
53-20    the travel expenses incurred in attending the training program
53-21    regardless of whether the attendance at the program occurs before
53-22    or after the person qualifies for office.
53-23          Sec. 401.0152.  INFORMATION ABOUT STANDARDS OF CONDUCT.  The
53-24    commissioner or the commissioner's designee shall provide to
53-25    members of the advisory board, as often as necessary, information
53-26    regarding the requirements for office under this subchapter,
53-27    including information regarding a person's responsibilities under
 54-1    applicable laws relating to standards of conduct for state
 54-2    officers.
 54-3          Sec. 401.0153.  GROUNDS FOR REMOVAL.  (a)  It is a ground for
 54-4    removal from the advisory board that a member:
 54-5                (1)  does not have at the time of taking office the
 54-6    qualifications required by Section 401.015(a);
 54-7                (2)  does not maintain during service on the advisory
 54-8    board the qualifications required by Section 401.015(a);
 54-9                (3)  is ineligible for membership under Section
54-10    401.015(c), (d), or (e);
54-11                (4)  cannot, because of illness or disability,
54-12    discharge the member's duties for a substantial part of the
54-13    member's term; or
54-14                (5)  is absent from more than half of the regularly
54-15    scheduled advisory board meetings that the member is eligible to
54-16    attend during a calendar year without an excuse approved by  a
54-17    majority vote of the advisory board.
54-18          (b)  The validity of an action of the advisory board is not
54-19    affected by the fact that it is taken when a ground for removal of
54-20    an advisory board member exists.
54-21          (c)  If the commissioner has knowledge that a potential
54-22    ground for removal exists, the commissioner shall notify the
54-23    advisory board chairman  of the potential ground.  The advisory
54-24    board chairman shall then notify the governor and the attorney
54-25    general that a potential ground for removal exists.  If the
54-26    potential ground for removal involves the advisory board chairman,
54-27    the commissioner shall notify the next highest ranking officer of
 55-1    the advisory board, who shall then notify the governor and the
 55-2    attorney general that a potential ground for removal exists.
 55-3          SECTION 9.03.  Section 401.016, Health and Safety Code, is
 55-4    amended to read as follows:
 55-5          Sec. 401.016.  OFFICERS.  (a)  The governor shall designate a
 55-6    member of the advisory board as the advisory board chairman to
 55-7    serve in that capacity at the will of the governor.
 55-8          (b)  The advisory board shall elect from its members a
 55-9    [chairman,] vice-chairman[,] and secretary.
55-10          SECTION 9.04.  Subchapter B, Chapter 401, Health and Safety
55-11    Code, is amended by adding Section 401.0181 to read as follows:
55-12          Sec. 401.0181.  PUBLIC TESTIMONY.  The advisory board shall
55-13    develop and implement policies that provide the public with a
55-14    reasonable opportunity to appear before the advisory board and to
55-15    speak on any issue under the jurisdiction of the advisory board.
55-16          SECTION 9.05.  The changes in law made by this Act in the
55-17    prohibitions applying to members of the radiation advisory board do
55-18    not affect the entitlement of a member serving on the board
55-19    immediately before September 1, 1999, to continue to serve and
55-20    function as a member of the board for the remainder of the member's
55-21    term.  The changes in law apply only to a member appointed on or
55-22    after September 1, 1999.  The changes in law made by this Act do
55-23    not prohibit a person who is a member of the board immediately
55-24    before September 1, 1999, from being reappointed to the board if
55-25    the person is eligible to serve as a member under Chapter 401,
55-26    Health and Safety Code, as amended by this Act.
55-27     ARTICLE 10.  STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE
 56-1                      COUNCIL ON ALZHEIMER'S DISEASE
 56-2          SECTION 10.01.  Section 101.002, Health and Safety Code, is
 56-3    amended by amending Subsection (c) and adding Subsection (d) to
 56-4    read as follows:
 56-5          (c)  The governor shall designate a member [members] of the
 56-6    council who is not [shall annually elect a chairman from the
 56-7    council, except that] an agency representative as the chairman of
 56-8    the council to serve in that capacity at the will of the governor
 56-9    [may not serve as the chairman].
56-10          (d)  Appointments to the council shall be made without regard
56-11    to the race, color, disability, sex, religion, age, or national
56-12    origin of the appointees.
56-13          SECTION 10.02.  Chapter 101, Health and Safety Code, is
56-14    amended by adding Sections 101.0021 through 101.0023 to read as
56-15    follows:
56-16          Sec. 101.0021.  CONFLICT OF INTEREST.  (a)  In this section,
56-17    "Texas trade association" means a cooperative and voluntarily
56-18    joined association of business or professional competitors in this
56-19    state designed to assist its members and its industry or profession
56-20    in dealing with mutual business or professional problems and in
56-21    promoting their common interest.
56-22          (b)  A person may not be a member of the council if:
56-23                (1)  the person is an officer, employee, or paid
56-24    consultant of a Texas trade association in the field of medicine;
56-25    or
56-26                (2)  the person's spouse is an officer, manager, or
56-27    paid consultant of a Texas trade association in the field of
 57-1    medicine.
 57-2          (c)  A person may not be a member of the council if the
 57-3    person is required to register as a lobbyist under Chapter 305,
 57-4    Government Code, because of the person's activities for
 57-5    compensation on behalf of a profession related to the operation of
 57-6    the council.
 57-7          Sec. 101.0022.  GROUNDS FOR REMOVAL.  (a)  It is a ground for
 57-8    removal from the council that a member:
 57-9                (1)  does not have at the time of taking office the
57-10    qualifications required by Section 101.002(a);
57-11                (2)  does not maintain during service on the council
57-12    the qualifications required by Section 101.002(a);
57-13                (3)  is ineligible for membership under Section
57-14    101.0021;
57-15                (4)  cannot, because of illness or disability,
57-16    discharge the member's duties for a substantial part of the
57-17    member's term; or
57-18                (5)  is absent from more than half of the regularly
57-19    scheduled council meetings that the member is eligible to attend
57-20    during a calendar year without an excuse approved by  a majority
57-21    vote of the council.
57-22          (b)  The validity of an action of the council is not affected
57-23    by the fact that it is taken when a ground for removal of a council
57-24    member exists.
57-25          (c)  If the commissioner has knowledge that a potential
57-26    ground for removal exists, the commissioner shall notify the
57-27    chairman of the council of the potential ground.  The chairman
 58-1    shall then notify the governor and the attorney general that a
 58-2    potential ground for removal exists.  If the potential ground for
 58-3    removal involves the chairman, the commissioner shall notify the
 58-4    next highest ranking officer of the council, who shall then notify
 58-5    the governor and the attorney general that a potential ground for
 58-6    removal exists.
 58-7          Sec. 101.0023.  TRAINING.  (a)  A person who is appointed to
 58-8    and qualifies for office as a member of the council may not vote,
 58-9    deliberate, or be counted as a member in attendance at a meeting of
58-10    the council until the person completes a training program that
58-11    complies with this section.
58-12          (b)  The training program must provide the person with
58-13    information regarding:
58-14                (1)  the legislation that created the council;
58-15                (2)  the programs operated by the council;
58-16                (3)  the role and functions of the council;
58-17                (4)  the rules of the council;
58-18                (5)  the current budget for the council;
58-19                (6)  the results of the most recent formal audit of the
58-20    council;
58-21                (7)  the requirements of:
58-22                      (A)  the open meetings law, Chapter 551,
58-23    Government Code;
58-24                      (B)  the public information law, Chapter 552,
58-25    Government Code;
58-26                      (C)  the administrative procedure law, Chapter
58-27    2001, Government Code; and
 59-1                      (D)  other laws relating to public officials,
 59-2    including conflict-of-interest laws; and
 59-3                (8)  any applicable ethics policies adopted by the
 59-4    council or the Texas Ethics Commission.
 59-5          (c)  A person appointed to the council is entitled to
 59-6    reimbursement, as provided by the General Appropriations Act, for
 59-7    the travel expenses incurred in attending the training program
 59-8    regardless of whether the attendance at the program occurs before
 59-9    or after the person qualifies for office.
59-10          SECTION 10.03.  Chapter 101, Health and Safety Code, is
59-11    amended by adding Section 101.0065 to read as follows:
59-12          Sec. 101.0065.  PUBLIC TESTIMONY.  The council shall develop
59-13    and implement policies that provide the public with a reasonable
59-14    opportunity to appear before the council and to speak on any issue
59-15    under the jurisdiction of the council.
59-16          SECTION 10.04.  Chapter 101, Health and Safety Code, is
59-17    amended by adding Section 101.0075 to read as follows:
59-18          Sec. 101.0075.  DIVISION OF POLICY AND MANAGEMENT
59-19    RESPONSIBILITIES.  The council shall develop and implement policies
59-20    that clearly separate the policymaking responsibilities of the
59-21    council and the management responsibilities of the commissioner and
59-22    the staff of the department.
59-23          SECTION 10.05.  Chapter 101, Health and Safety Code, is
59-24    amended by adding Section 101.0081 to read as follows:
59-25          Sec. 101.0081.  INFORMATION ABOUT STANDARDS OF CONDUCT.  The
59-26    commissioner or the commissioner's designee shall provide to
59-27    members of the council, as often as necessary, information
 60-1    regarding the requirements for office under this chapter, including
 60-2    information regarding a person's responsibilities under applicable
 60-3    laws relating to standards of conduct for state officers.
 60-4          SECTION 10.06.  The changes in law made by this Act in the
 60-5    prohibitions applying to members of the Texas Council on
 60-6    Alzheimer's Disease and Related Disorders do not affect the
 60-7    entitlement of a member serving on the council immediately before
 60-8    September 1, 1999, to continue to serve and function as a member of
 60-9    the council for the remainder of the member's term.  The changes in
60-10    law apply only to a member appointed on or after September 1, 1999.
60-11    The changes in law made by this Act do not prohibit a person who is
60-12    a member of the council immediately before September 1, 1999, from
60-13    being reappointed to the council if the person is eligible to serve
60-14    as a member under Chapter 101, Health and Safety Code, as amended
60-15    by this Act.
60-16         ARTICLE 11.  STANDARD SUNSET REVIEW PROVISIONS APPLICABLE
60-17               TO THE STATEWIDE HEALTH COORDINATING COUNCIL
60-18          SECTION 11.01.  Section 104.011, Health and Safety Code, is
60-19    amended by adding Subsections (c) and (d) to read as follows:
60-20          (c)  The governor shall designate a member of the council as
60-21    the presiding officer of the council to serve in that capacity at
60-22    the will of the governor.
60-23          (d)  Appointments to the council shall be made without regard
60-24    to the race, color, disability, sex, religion, age, or national
60-25    origin of the appointees.
60-26          SECTION 11.02.  Subchapter B, Chapter 104, Health and Safety
60-27    Code, is amended by adding Sections 104.0111 through 104.0113 to
 61-1    read as follows:
 61-2          Sec. 104.0111.  CONFLICT OF INTEREST.  (a)  In this section,
 61-3    "Texas trade association" means a cooperative and voluntarily
 61-4    joined association of business or professional competitors in this
 61-5    state designed to assist its members and its industry or profession
 61-6    in dealing with mutual business or professional problems and in
 61-7    promoting their common interest.
 61-8          (b)  A person may not be a member of the statewide health
 61-9    coordinating council if:
61-10                (1)  the person is an officer, employee, or paid
61-11    consultant of a Texas trade association in the field of medicine;
61-12    or
61-13                (2)  the person's spouse is an officer, manager, or
61-14    paid consultant of a Texas trade association in the field of
61-15    medicine.
61-16          (c)  A person may not be a member of the council if the
61-17    person is required to register as a lobbyist under Chapter 305,
61-18    Government Code, because of the person's activities for
61-19    compensation on behalf of a profession related to the operation of
61-20    the council.
61-21          Sec. 104.0112.  GROUNDS FOR REMOVAL.  (a)  It is a ground for
61-22    removal from the statewide health coordinating council that a
61-23    member:
61-24                (1)  does not have at the time of taking office the
61-25    qualifications required by Section 104.011(a);
61-26                (2)  does not maintain during service on the council
61-27    the qualifications required by Section 104.011(a);
 62-1                (3)  is ineligible for membership under Section
 62-2    104.0111;
 62-3                (4)  cannot, because of illness or disability,
 62-4    discharge the member's duties for a substantial part of the
 62-5    member's term; or
 62-6                (5)  is absent from more than half of the regularly
 62-7    scheduled council meetings that the member is eligible to attend
 62-8    during a calendar year without an excuse approved by  a majority
 62-9    vote of the council.
62-10          (b)  The validity of an action of the council is not affected
62-11    by the fact that it is taken when a ground for removal of a council
62-12    member exists.
62-13          (c)  If the commissioner has knowledge that a potential
62-14    ground for removal exists, the commissioner shall notify the
62-15    presiding officer of the council of the potential ground.  The
62-16    presiding officer shall then notify the governor and the attorney
62-17    general that a potential ground for removal exists.  If the
62-18    potential ground for removal involves the presiding officer, the
62-19    commissioner shall notify the next highest ranking officer of the
62-20    council, who shall then notify the governor and the attorney
62-21    general that a potential ground for removal exists.
62-22          Sec. 104.0113.  TRAINING.  (a)  A person who is appointed to
62-23    and qualifies for office as a member of the statewide health
62-24    coordinating council may not vote, deliberate, or be counted as a
62-25    member in attendance at a meeting of the council until the person
62-26    completes a training program that complies with this section.
62-27          (b)  The training program must provide the person with
 63-1    information regarding:
 63-2                (1)  the legislation that created the council;
 63-3                (2)  the programs operated by the council;
 63-4                (3)  the role and functions of the council;
 63-5                (4)  the rules of the council;
 63-6                (5)  the current budget for the council;
 63-7                (6)  the results of the most recent formal audit of the
 63-8    council;
 63-9                (7)  the requirements of:
63-10                      (A)  the open meetings law, Chapter 551,
63-11    Government Code;
63-12                      (B)  the public information law, Chapter 552,
63-13    Government Code;
63-14                      (C)  the administrative procedure law, Chapter
63-15    2001, Government Code; and
63-16                      (D)  other laws relating to public officials,
63-17    including conflict-of-interest laws; and
63-18                (8)  any applicable ethics policies adopted by the
63-19    council or the Texas Ethics Commission.
63-20          (c)  A person appointed to the council is entitled to
63-21    reimbursement, as provided by the General Appropriations Act, for
63-22    the travel expenses incurred in attending the training program
63-23    regardless of whether the attendance at the program occurs before
63-24    or after the person qualifies for office.
63-25          SECTION 11.03.  Subchapter B, Chapter 104, Health and Safety
63-26    Code, is amended by adding Sections 104.0141 and 104.0142 to read
63-27    as follows:
 64-1          Sec. 104.0141.  DIVISION OF POLICY AND MANAGEMENT
 64-2    RESPONSIBILITIES.  The statewide health coordinating council shall
 64-3    develop and implement policies that clearly separate the
 64-4    policymaking responsibilities of the council and the management
 64-5    responsibilities of the commissioner and the staff of the
 64-6    department.
 64-7          Sec. 104.0142.  INFORMATION ABOUT STANDARDS OF CONDUCT.  The
 64-8    commissioner or the commissioner's designee shall provide to
 64-9    members of the statewide health coordinating council, as often as
64-10    necessary, information regarding the requirements for office under
64-11    this chapter, including information regarding a person's
64-12    responsibilities under applicable laws relating to standards of
64-13    conduct for state officers.
64-14          SECTION 11.04.  Subchapter B, Chapter 104, Health and Safety
64-15    Code, is amended by adding Section 104.016 to read as follows:
64-16          Sec. 104.016.  PUBLIC TESTIMONY.  The statewide health
64-17    coordinating council shall develop and implement policies that
64-18    provide the public with a reasonable opportunity to appear before
64-19    the council and to speak on any issue under the jurisdiction of the
64-20    council.
64-21          SECTION 11.05.  The changes in law made by this Act in the
64-22    prohibitions applying to members of the statewide health
64-23    coordinating council do not affect the entitlement of a member
64-24    serving on the council immediately before September 1, 1999, to
64-25    continue to serve and function as a member of the council for the
64-26    remainder of the member's term.  The changes in law apply only to a
64-27    member appointed on or after September 1, 1999. The changes in law
 65-1    made by this Act do not prohibit a person who is a member of the
 65-2    council immediately before September 1, 1999, from being
 65-3    reappointed to the council if the person is eligible to serve as a
 65-4    member under Chapter 104, Health and Safety Code, as amended by
 65-5    this Act.
 65-6         ARTICLE 12.  STANDARD SUNSET REVIEW PROVISIONS APPLICABLE
 65-7                       TO THE TEXAS DIABETES COUNCIL
 65-8          SECTION 12.01.  Section 103.002(d), Health and Safety Code,
 65-9    is amended to read as follows:
65-10          (d)  Appointments to the council shall be made without regard
65-11    to the race, color, disability, creed, sex, religion, age, or
65-12    national origin of the appointees.
65-13          SECTION 12.02.  Section 103.006, Health and Safety Code, is
65-14    amended to read as follows:
65-15          Sec. 103.006.  CHAIRMAN.  The governor shall designate a
65-16    member of the council as the [Council members shall annually elect
65-17    one citizen member to serve as] chairman of the council to serve in
65-18    that capacity at the will of the governor.
65-19          SECTION 12.03.  Chapter 103, Health and Safety Code, is
65-20    amended by adding Sections 103.0024 and 103.0025 to read as
65-21    follows:
65-22          Sec. 103.0024.  TRAINING.  (a)  A person who is appointed to
65-23    and qualifies for office as a member of the council may not vote,
65-24    deliberate, or be counted as a member in attendance at a meeting of
65-25    the council until the person completes a training program that
65-26    complies with this section.
65-27          (b)  The training program must provide the person with
 66-1    information regarding:
 66-2                (1)  the legislation that created the council;
 66-3                (2)  the programs operated by the council;
 66-4                (3)  the role and functions of the council;
 66-5                (4)  the rules of the council;
 66-6                (5)  the current budget for the council;
 66-7                (6)  the results of the most recent formal audit of the
 66-8    council;
 66-9                (7)  the requirements of:
66-10                      (A)  the open meetings law, Chapter 551,
66-11    Government Code;
66-12                      (B)  the public information law, Chapter 552,
66-13    Government Code;
66-14                      (C)  the administrative procedure law, Chapter
66-15    2001, Government Code; and
66-16                      (D)  other laws relating to public officials,
66-17    including conflict-of-interest laws; and
66-18                (8)  any applicable ethics policies adopted by the
66-19    council or the Texas Ethics Commission.
66-20          (c)  A person appointed to the council is entitled to
66-21    reimbursement, as provided by the General Appropriations Act, for
66-22    the travel expenses incurred in attending the training program
66-23    regardless of whether the attendance at the program occurs before
66-24    or after the person qualifies for office.
66-25          Sec. 103.0025.  INFORMATION ABOUT STANDARDS OF CONDUCT.  The
66-26    commissioner or the commissioner's designee shall provide to
66-27    members of the council, as often as necessary, information
 67-1    regarding the requirements for office under this chapter, including
 67-2    information regarding a person's responsibilities under applicable
 67-3    laws relating to standards of conduct for state officers.
 67-4          SECTION 12.04.  Chapter 103, Health and Safety Code, is
 67-5    amended by adding Section 103.0105 to read as follows:
 67-6          Sec. 103.0105.  DIVISION OF POLICY AND MANAGEMENT
 67-7    RESPONSIBILITIES.  The council shall develop and implement policies
 67-8    that clearly separate the policymaking responsibilities of the
 67-9    council and the management responsibilities of the commissioner and
67-10    the staff of the department.
67-11          SECTION 12.05.  The changes in law made by this Act in the
67-12    prohibitions applying to members of the Texas Diabetes Council do
67-13    not affect the entitlement of a member serving on the council
67-14    immediately before September 1, 1999, to continue to serve and
67-15    function as a member of the council for the remainder of the
67-16    member's term.  The changes in law apply only to a member appointed
67-17    on or after September 1, 1999.
67-18         ARTICLE 13.  STANDARD SUNSET REVIEW PROVISIONS APPLICABLE
67-19                TO THE ADVISORY BOARD OF ATHLETIC TRAINERS
67-20          SECTION 13.01.  Section 2, Chapter 498, Acts of the 62nd
67-21    Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
67-22    Civil Statutes), is amended by amending Subsections (a) and (b) and
67-23    adding Subsection (e) to read as follows:
67-24          (a)  The Advisory Board of Athletic Trainers, composed of six
67-25    members, is created.  The board is created as a part of the State
67-26    Department of Health and shall perform its duties as a board within
67-27    the State Department of Health. To qualify as a member, a person
 68-1    must be a citizen of the United States and a resident of Texas for
 68-2    five years immediately preceding appointment. Four members
 68-3    [Members] must be licensed athletic trainers.  Two members must be
 68-4    representatives of the general public.  A person may not be a
 68-5    public member of the board if the person or the person's spouse:
 68-6                (1)  is registered, certified, or licensed by a
 68-7    regulatory agency in the field of athletic training;
 68-8                (2)  is employed by or participates in the management
 68-9    of a business entity or other organization regulated by or
68-10    receiving money from the board;
68-11                (3)  owns or controls, directly or indirectly, more
68-12    than a 10 percent interest in a business entity or other
68-13    organization regulated by or receiving money from the board; or
68-14                (4)  uses or receives a substantial amount of tangible
68-15    goods, services, or money from the board other than compensation or
68-16    reimbursement authorized by law for board membership, attendance,
68-17    or expenses.
68-18          (b)  The members of the board shall be appointed by the
68-19    governor with the advice and consent of the Senate.  Members
68-20    [Except for the initial appointees, members] hold office for terms
68-21    of six years.  The terms of two members expire on January 31 of
68-22    each odd-numbered year [years].
68-23          (e)  Appointments to the board shall be made without regard
68-24    to the race, color, disability, sex, religion, age, or national
68-25    origin of the appointees.
68-26          SECTION 13.02.  Chapter 498, Acts of the 62nd Legislature,
68-27    Regular Session, 1971 (Article 4512d, Vernon's Texas Civil
 69-1    Statutes), is amended by adding Sections 2B, 2C, 2D, 2E, and 2F to
 69-2    read as follows:
 69-3          Sec. 2B.  CONFLICT OF INTEREST.  (a)  In this section, "Texas
 69-4    trade association" means a cooperative and voluntarily joined
 69-5    association of business or professional competitors in this state
 69-6    designed to assist its members and its industry or profession in
 69-7    dealing with mutual business or professional problems and in
 69-8    promoting their common interest.
 69-9          (b)  A person may not be a member of the board if:
69-10                (1)  the person is an officer, employee, or paid
69-11    consultant of a Texas trade association in the field of athletic
69-12    training; or
69-13                (2)  the person's spouse is an officer, manager, or
69-14    paid consultant of a Texas trade association in the field of
69-15    athletic training.
69-16          (c)  A person may not be a member of the board if the person
69-17    is required to register as a lobbyist under Chapter 305, Government
69-18    Code, because of the person's activities for compensation on behalf
69-19    of a profession related to the operation of the board.
69-20          Sec. 2C.  GROUNDS FOR REMOVAL.  (a)  It is a ground for
69-21    removal from the board that a member:
69-22                (1)  does not have at the time of taking office the
69-23    qualifications required by Subsection (a) of Section 2 of this Act;
69-24                (2)  does not maintain during service on the board the
69-25    qualifications required by Subsection (a) of Section 2 of this Act;
69-26                (3)  is ineligible for membership under Section 2B of
69-27    this Act;
 70-1                (4)  cannot, because of illness or disability,
 70-2    discharge the member's duties for a substantial part of the
 70-3    member's term; or
 70-4                (5)  is absent from more than half of the regularly
 70-5    scheduled board meetings that the member is eligible to attend
 70-6    during a calendar year  without an excuse approved by  a majority
 70-7    vote of the board.
 70-8          (b)  The validity of an action of the board is not affected
 70-9    by the fact that it is taken when a ground for removal of a board
70-10    member exists.
70-11          (c)  If the commissioner of public health has knowledge that
70-12    a potential ground for removal exists, the commissioner shall
70-13    notify the chairman of the board of the potential ground.  The
70-14    chairman shall then notify the governor and the attorney general
70-15    that a potential ground for removal exists.  If the potential
70-16    ground for removal involves the chairman, the commissioner shall
70-17    notify the next highest ranking officer of the board, who shall
70-18    then notify the governor and the attorney general that a potential
70-19    ground for removal exists.
70-20          Sec. 2D.  TRAINING.  (a)  A person who is appointed to and
70-21    qualifies for office as a member of the board may not vote,
70-22    deliberate, or be counted as a member in attendance at a meeting of
70-23    the board until the person completes a training program that
70-24    complies with this section.
70-25          (b)  The training program must provide the person with
70-26    information regarding:
70-27                (1)  the legislation that created the board;
 71-1                (2)  the programs operated by the board;
 71-2                (3)  the role and functions of the board;
 71-3                (4)  the rules of the board with an emphasis on the
 71-4    rules that relate to disciplinary and investigatory authority;
 71-5                (5)  the current budget for the board;
 71-6                (6)  the results of the most recent formal audit of the
 71-7    board;
 71-8                (7)  the requirements of:
 71-9                      (A)  the open meetings law, Chapter 551,
71-10    Government Code;
71-11                      (B)  the public information law, Chapter 552,
71-12    Government Code;
71-13                      (C)  the administrative procedure law, Chapter
71-14    2001, Government Code; and
71-15                      (D)  other laws relating to public officials,
71-16    including conflict-of-interest laws; and
71-17                (8)  any applicable ethics policies adopted by the
71-18    board or the Texas Ethics Commission.
71-19          (c)  A person appointed to the board is entitled to
71-20    reimbursement, as provided by the General Appropriations Act, for
71-21    the travel expenses incurred in attending the training program
71-22    regardless of whether the attendance at the program occurs before
71-23    or after the person qualifies for office.
71-24          Sec. 2E.  INFORMATION ABOUT STANDARDS OF CONDUCT.  The
71-25    commissioner of public health or the commissioner's designee shall
71-26    provide to members of the board, as often as necessary, information
71-27    regarding the requirements for office under this Act, including
 72-1    information regarding a person's responsibilities under applicable
 72-2    laws relating to standards of conduct for state officers.
 72-3          Sec. 2F.  DIVISION OF POLICY AND MANAGEMENT RESPONSIBILITIES.
 72-4    The board shall develop and implement policies that clearly
 72-5    separate the policymaking responsibilities of the board and the
 72-6    management responsibilities of the commissioner of public health
 72-7    and the staff of the Texas Department of Health.
 72-8          SECTION 13.03.  Section 3, Chapter 498, Acts of the 62nd
 72-9    Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
72-10    Civil Statutes), is amended by amending Subsection (a) and adding
72-11    Subsection (d) to read as follows:
72-12          (a)  The governor shall designate a member of the board as
72-13    the chairman of the board to serve in that capacity at the will of
72-14    the governor.  The board shall elect from its members for a term of
72-15    one year[,] a [chairman,] vice chairman[,] and secretary-treasurer,
72-16    and may appoint such committees as it considers necessary to carry
72-17    out its duties.
72-18          (d)  The board shall develop and implement policies that
72-19    provide the public with a reasonable opportunity to appear before
72-20    the board and to speak on any issue under the jurisdiction of the
72-21    board.
72-22          SECTION 13.04.  Chapter 498, Acts of the 62nd Legislature,
72-23    Regular Session, 1971 (Article 4512d, Vernon's Texas Civil
72-24    Statutes), is amended by adding Section 4A to read as follows:
72-25          Sec. 4A.  COMPLAINTS.  (a)  The board shall maintain a file
72-26    on each written complaint filed with the board.  The file must
72-27    include:
 73-1                (1)  the name of the person who filed the complaint;
 73-2                (2)  the date the complaint is received by the board;
 73-3                (3)  the subject matter of the complaint;
 73-4                (4)  the name of each person contacted in relation to
 73-5    the complaint;
 73-6                (5)  a summary of the results of the review or
 73-7    investigation of the complaint; and
 73-8                (6)  an explanation of the reason the file was closed,
 73-9    if the board closed the file without taking action other than to
73-10    investigate the complaint.
73-11          (b)  The board shall provide to the person filing the
73-12    complaint and to each person who is a subject of the complaint a
73-13    copy of the board's policies and procedures relating to complaint
73-14    investigation and resolution.
73-15          (c)  The board, at least quarterly until final disposition of
73-16    the complaint, shall notify the person filing the complaint and
73-17    each person who is a subject of the complaint of the status of the
73-18    investigation unless the notice would jeopardize an undercover
73-19    investigation.
73-20          SECTION 13.05.  Section 5, Chapter 498, Acts of the 62nd
73-21    Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
73-22    Civil Statutes), is amended by amending  Subsection (c) and adding
73-23    Subsection (j) to read as follows:
73-24          (c)  The board shall [establish guidelines, which may include
73-25    requirements for continuing education, for athletic trainers in the
73-26    state and] prepare and conduct an examination for applicants for a
73-27    license.
 74-1          (j)  The board shall recognize, prepare, or administer
 74-2    continuing education programs for its license holders.  A license
 74-3    holder must participate in the programs to the extent required by
 74-4    the board to keep the person's license.
 74-5          SECTION 13.06.  Chapter 498, Acts of the 62nd Legislature,
 74-6    Regular Session, 1971 (Article 4512d, Vernon's Texas Civil
 74-7    Statutes), is amended by adding Section 5A to read as follows:
 74-8          Sec. 5A.  RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING.
 74-9    (a)  The board may not adopt rules restricting advertising or
74-10    competitive bidding  by a license holder except to prohibit false,
74-11    misleading, or deceptive practices.
74-12          (b)  In its rules to prohibit false, misleading, or deceptive
74-13    practices, the board may not include a rule that:
74-14                (1)  restricts the use of any medium for advertising;
74-15                (2)  restricts the use of a license holder's personal
74-16    appearance or voice in an advertisement;
74-17                (3)  relates to the size or duration of an
74-18    advertisement by the license holder; or
74-19                (4)  restricts the license holder's advertisement under
74-20    a trade name.
74-21          SECTION 13.07.  Section 11, Chapter 498, Acts of the 62nd
74-22    Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
74-23    Civil Statutes), is amended by amending Subsections (b)-(e) to read
74-24    as follows:
74-25          (b)  A person who is otherwise eligible to renew a license
74-26    may renew an unexpired license by paying to the board before the
74-27    expiration date of the license the required renewal fee.  A person
 75-1    whose license has expired may not engage in activities that require
 75-2    a license until the license has been renewed.
 75-3          (c)  If a person's license has been expired for not longer
 75-4    than 90 days, the person may renew the license by paying to the
 75-5    board a renewal fee that is 1-1/2 times the normally required
 75-6    renewal fee [and a fee that is one-half of the examination fee for
 75-7    the license].
 75-8          (d)  If a person's license has been expired for longer than
 75-9    90 days but less than one year [two years], the person may renew
75-10    the license by paying to the board [all unpaid renewal fees and] a
75-11    renewal fee that is equal to two times the normally required
75-12    renewal [the examination] fee for the license.
75-13          (e)  If a person's license has been expired for one year [two
75-14    years] or longer, the person may not renew the license.  The person
75-15    may obtain a new license by submitting to reexamination and
75-16    complying with the requirements and procedures for obtaining an
75-17    original license.  However, the board may renew without
75-18    reexamination an expired license of a person who was licensed in
75-19    Texas, moved to another state, and is currently licensed and has
75-20    been in practice in the other state for the two years preceding the
75-21    date of application.  The person must pay to the board a fee that
75-22    is equal to two times the normally required renewal [the
75-23    examination] fee for the license.
75-24          SECTION 13.08.  Section 12, Chapter 498, Acts of the 62nd
75-25    Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
75-26    Civil Statutes), is amended to read as follows:
75-27          Sec. 12.  GROUNDS FOR DENIAL, SUSPENSION, OR REVOCATION OF
 76-1    LICENSE.  (a)  The board may refuse to issue a license to an
 76-2    applicant and shall reprimand a licensee or [may] suspend, [or]
 76-3    revoke, or refuse to renew the license of any licensee if he has:
 76-4                (1)  been convicted of a felony or misdemeanor
 76-5    involving moral turpitude, the record of conviction being
 76-6    conclusive evidence of conviction; [or]
 76-7                (2)  secured [secure] the license by fraud or deceit;
 76-8    or
 76-9                (3)  violated or conspired to violate the provisions of
76-10    this Act or rules and regulations issued pursuant to this Act.
76-11          (b)  The board may place on probation a person whose license
76-12    is suspended.  If a suspension is probated, the board may require
76-13    the person:
76-14                (1)  to report regularly to the board on matters that
76-15    are the basis of the probation;
76-16                (2)  to limit practice to the areas prescribed by the
76-17    board; or
76-18                (3)  to continue or review professional education until
76-19    the person attains a degree of skill satisfactory to the board in
76-20    those areas that are the basis of the probation.
76-21          SECTION 13.09.  Chapter 498, Acts of the 62nd Legislature,
76-22    Regular Session, 1971 (Article 4512d, Vernon's Texas Civil
76-23    Statutes), is amended by adding Sections 15A and 15B to read as
76-24    follows:
76-25          Sec. 15A.  IMPOSITION OF ADMINISTRATIVE PENALTY.  (a)  The
76-26    board may impose an administrative penalty on a person licensed
76-27    under this Act who violates this Act or a rule or order adopted
 77-1    under this Act. A penalty collected under this section or Section
 77-2    15B of this Act shall be deposited in the state treasury in the
 77-3    general revenue fund.
 77-4          (b)  A proceeding to impose the penalty is considered to be a
 77-5    contested case under Chapter 2001, Government Code.
 77-6          (c)  The amount of the penalty may not exceed $500 for each
 77-7    violation, and each day a violation continues or occurs is a
 77-8    separate violation  for purposes of imposing a penalty.
 77-9          (d)  The amount shall be based on:
77-10                (1)  the seriousness of the violation, including the
77-11    nature, circumstances, extent, and gravity of the violation;
77-12                (2)  the threat to health or safety caused by the
77-13    violation;
77-14                (3)  the history of previous violations;
77-15                (4)  the amount necessary to deter a future violation;
77-16                (5)  whether the violator demonstrated good faith,
77-17    including when applicable whether the violator made good faith
77-18    efforts to correct the violation; and
77-19                (6)  any other matter that justice may require.
77-20          (e)  If the executive secretary determines that a violation
77-21    occurred, the executive secretary shall give written notice of the
77-22    violation by certified mail to the person.
77-23          (f)  The notice under Subsection (e) of this section must:
77-24                (1)  include a brief summary of the alleged violation;
77-25                (2)  state the amount of the recommended penalty; and
77-26                (3)  inform the person of the person's right to a
77-27    hearing on the occurrence of the violation, the amount of the
 78-1    penalty, or both.
 78-2          (g)  Within 20 days after the date the person receives the
 78-3    notice under Subsection (e) of this section, the person in writing
 78-4    may:
 78-5                (1)  accept the determination and recommended penalty
 78-6    of the executive secretary; or
 78-7                (2)  make a request for a hearing on the occurrence of
 78-8    the violation, the amount of the penalty, or both.
 78-9          (h)  If the person accepts the determination and recommended
78-10    penalty or if the person fails to respond to the notice the board
78-11    by order shall approve the determination and impose the recommended
78-12    penalty.
78-13          (i)  If the person requests a hearing, the board shall refer
78-14    the matter to the State Office of Administrative Hearings, which
78-15    shall promptly set a hearing date and give written notice of the
78-16    time and place of the hearing to the person. An administrative law
78-17    judge of the State Office of Administrative Hearings shall conduct
78-18    the hearing.
78-19          (j)  The administrative law judge shall make findings of fact
78-20    and conclusions of law and promptly issue to the board a proposal
78-21    for a decision about the occurrence of the violation and the amount
78-22    of a proposed penalty.
78-23          (k)  Based on the findings of fact, conclusions of law, and
78-24    proposal for a decision, the board by order may:
78-25                (1)  find that a violation occurred and impose a
78-26    penalty; or
78-27                (2)  find that a violation did not occur.
 79-1          (l)  The notice of the board's order under Subsection (k) of
 79-2    this section that is sent to the person in accordance with Chapter
 79-3    2001, Government Code, must include a statement of the right of the
 79-4    person to judicial review of the order.
 79-5          Sec. 15B.  PAYMENT AND COLLECTION OF ADMINISTRATIVE PENALTY;
 79-6    JUDICIAL REVIEW.  (a)  Within 30 days after the date an order of
 79-7    the board under Subsection (k) of Section 15A of this Act that
 79-8    imposes an administrative penalty becomes  final, the person shall:
 79-9                (1)  pay the penalty; or
79-10                (2)  file a petition for judicial review of the board's
79-11    order contesting the occurrence of the violation, the amount of the
79-12    penalty, or both.
79-13          (b)  Within the 30-day period prescribed by Subsection (a) of
79-14    this section, a person who files a petition for judicial review
79-15    may:
79-16                (1)  stay enforcement of the penalty by:
79-17                      (A)  paying the penalty to the court for
79-18    placement in an escrow account; or
79-19                      (B)  giving the court a supersedeas bond approved
79-20    by the court that:
79-21                            (i)  is for the amount of the penalty; and
79-22                            (ii)  is effective until all judicial
79-23    review of the board's order is final; or
79-24                (2)  request the court to stay enforcement of the
79-25    penalty by:
79-26                      (A)  filing with the court a sworn affidavit of
79-27    the person stating that the person is financially unable to pay the
 80-1    penalty and is financially unable to give the supersedeas bond; and
 80-2                      (B)  sending a copy of the affidavit to the board
 80-3    by certified mail.
 80-4          (c)  If the board receives a copy of an affidavit under
 80-5    Subsection (b)(2) of this section, the board may file with the
 80-6    court, within five days after the date the copy is received, a
 80-7    contest to the affidavit.  The court shall hold a hearing on the
 80-8    facts alleged in the affidavit as soon as practicable and shall
 80-9    stay the enforcement of the penalty on finding that the alleged
80-10    facts are true.  The person who files an affidavit has the burden
80-11    of proving that the person is financially unable to pay the penalty
80-12    or to give a supersedeas bond.
80-13          (d)  If the person does not pay the penalty and the
80-14    enforcement of the penalty is not stayed, the penalty may be
80-15    collected.  The attorney general may sue to collect the penalty.
80-16          (e)  If the court sustains the finding that a violation
80-17    occurred, the court may uphold or reduce the amount of the penalty
80-18    and order the person to pay the full or reduced amount of the
80-19    penalty.
80-20          (f)  If the court does not sustain the finding that a
80-21    violation occurred, the court shall order that a penalty is not
80-22    owed.
80-23          (g)  If the person paid the penalty and if the amount of the
80-24    penalty is reduced or the penalty is not upheld by the court, the
80-25    court shall order, when the court's judgment becomes final, that
80-26    the appropriate amount plus accrued interest be remitted to the
80-27    person within 30 days after the date that the judgment of the court
 81-1    becomes final.  The interest accrues at the rate charged on loans
 81-2    to depository institutions by the New York Federal Reserve Bank.
 81-3    The interest shall be paid for the period beginning on the date the
 81-4    penalty is paid and ending on the date the penalty is remitted.
 81-5          (h)  If the person gave a supersedeas bond and the penalty is
 81-6    not upheld by the court, the court shall order, when the court's
 81-7    judgment becomes final, the release of the bond. If the person gave
 81-8    a supersedeas bond and the amount of the penalty is reduced, the
 81-9    court shall order the release of the bond after the person pays the
81-10    reduced amount.
81-11          SECTION 13.10.  (a)  The changes in law made by this Act in
81-12    the qualifications and the prohibitions applying to members of the
81-13    Advisory Board of Athletic Trainers do not affect the entitlement
81-14    of a member serving on the board immediately before September 1,
81-15    1999, to continue to serve and function as a member of the board
81-16    for the remainder of the member's term.  The changes in law apply
81-17    only to a member appointed on or after September 1, 1999.  The
81-18    changes in law made by this Act do not prohibit a person who is a
81-19    member of the board immediately before September 1, 1999, from
81-20    being reappointed to the board if the person has the qualifications
81-21    required for a member under Chapter 498, Acts of the 62nd
81-22    Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
81-23    Civil Statutes), as amended by this Act.
81-24          (b)  On the expiration of the terms of the members of the
81-25    Advisory Board of Athletic Trainers scheduled to expire January 31,
81-26    2001, the governor shall appoint one athletic trainer member and
81-27    one public member to the board for terms expiring January 31, 2007,
 82-1    in accordance with Section 2, Chapter 498, Acts of the 62nd
 82-2    Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
 82-3    Civil Statutes), as amended by this Act. On the expiration of the
 82-4    terms of the members of the board  scheduled to expire January 31,
 82-5    2003, the governor shall appoint one athletic trainer member and
 82-6    one public member to the board for terms expiring January 31, 2009,
 82-7    in accordance with Section 2, Chapter 498, Acts of the 62nd
 82-8    Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
 82-9    Civil Statutes), as amended by this Act.  If a vacancy occurs in a
82-10    position scheduled to expire January 31, 2001, the governor shall
82-11    appoint a public member to serve the remainder of the term if an
82-12    athletic trainer member remains in the other position scheduled to
82-13    expire on that date.  If a vacancy occurs in a position scheduled
82-14    to expire January 31, 2003, the governor shall appoint a public
82-15    member to serve the remainder of the term if an athletic trainer
82-16    member remains in the other position scheduled to expire on that
82-17    date.
82-18          SECTION 13.11.  The change in law made by this Act to
82-19    Subsections (d) and (e), Section 11, Chapter 498, Acts of the 62nd
82-20    Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
82-21    Civil Statutes), applies only to the renewal of an expired license
82-22    on or after September 1, 2000.  An expired license may be renewed
82-23    before that date in accordance with Subsections (d) and (e) of
82-24    Section 11 as they existed immediately before the effective date of
82-25    this Act, and the prior law is continued in effect for this limited
82-26    purpose.
82-27     ARTICLE 14.  STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE
 83-1               REGULATION OF RESPIRATORY CARE PRACTITIONERS
 83-2          SECTION 14.01.  Chapter 829, Acts of the 69th Legislature,
 83-3    Regular Session, 1985 (Article 4512l, Vernon's Texas Civil
 83-4    Statutes), is amended by adding Sections 3A and 3B to read as
 83-5    follows:
 83-6          Sec. 3A.  NOTIFICATION OF EXAMINATION RESULTS.  (a)  Not
 83-7    later than the 30th day after the date a person takes a
 83-8    certification examination under this Act, the department shall
 83-9    notify the person of the results of the examination.
83-10          (b)  If the examination is graded or reviewed by a testing
83-11    service:
83-12                (1)  the department shall notify the person of the
83-13    results of the examination not later than the 14th day after the
83-14    date the department receives the results from the testing service;
83-15    and
83-16                (2)  if notice of the examination results will be
83-17    delayed for longer than 90 days after the examination date, the
83-18    department shall notify the person of the reason for the delay
83-19    before the 90th day.
83-20          (c)  The department may require a testing service to notify a
83-21    person of the results of the person's examination.
83-22          (d)  If requested in writing by a person who fails a
83-23    certification examination administered under this Act, the
83-24    department shall furnish the person with an analysis of the
83-25    person's performance on the examination.
83-26          Sec. 3B.  RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING.
83-27    (a)  The board of health may not adopt rules restricting
 84-1    advertising or competitive bidding by a temporary permit or
 84-2    certificate holder except to prohibit false, misleading, or
 84-3    deceptive practices.
 84-4          (b)  In its rules to prohibit false, misleading, or deceptive
 84-5    practices, the board of health may not include a rule that:
 84-6                (1)  restricts the use of any medium for advertising;
 84-7                (2)  restricts the use of a temporary permit or
 84-8    certificate holder's personal appearance or voice in an
 84-9    advertisement;
84-10                (3)  relates to the size or duration of an
84-11    advertisement by the temporary permit or certificate holder; or
84-12                (4)  restricts the temporary permit or certificate
84-13    holder's advertisement under a trade name.
84-14          SECTION 14.02.  Section 7, Chapter 829, Acts of the 69th
84-15    Legislature, Regular Session, 1985 (Article 4512l, Vernon's Texas
84-16    Civil Statutes), is amended to read as follows:
84-17          Sec. 7.  RENEWAL OF CERTIFICATE.  (a)  Except as otherwise
84-18    provided by this section, a certificate shall be renewed annually
84-19    or biennially as determined by the board of health.  The department
84-20    shall mail a notice of renewal not later than the 30th day before
84-21    the expiration of the certificate to each person who holds a valid
84-22    certificate at the person's last known address.  The certificate
84-23    holder shall complete the notice of renewal and shall return it to
84-24    the department with the renewal fee on or before the date of
84-25    expiration.  A person whose temporary permit or certificate has
84-26    expired may not engage in activities that require a temporary
84-27    permit or certificate until the temporary permit or certificate has
 85-1    been renewed.
 85-2          (b)  On receipt of the completed notice of renewal and
 85-3    payment of the renewal fee, the department shall issue to the
 85-4    certificate holder a certificate for the current renewal period.
 85-5    The renewal is valid for the period stated on the renewal
 85-6    certificate.  The board of health shall establish uniform
 85-7    continuing education requirements for the renewal of the
 85-8    certificate of not less than six nor more than 12 continuing
 85-9    education hours per renewal period.  The board of health may adopt
85-10    rules relating to the attainment of the continuing education
85-11    requirements in hardship situations.
85-12          (c)  A person whose certificate has been expired for 90 days
85-13    or less may renew the certificate by paying to the department a
85-14    renewal fee that is equal to 1-1/2 times the normally required
85-15    renewal fee.
85-16          (d)  A person whose certificate has been expired for more
85-17    than 90 days but less than one year may renew the certificate by
85-18    paying to the department a renewal fee that is equal to two times
85-19    the normally required renewal fee.
85-20          (e)  A person whose certificate has been expired for one year
85-21    or more may not renew the certificate.  The person may obtain a new
85-22    certificate by complying with the requirements and procedures,
85-23    including the examination requirements, for obtaining an original
85-24    certificate.
85-25          (f)  A person who was certified in this state, moved to
85-26    another state, and is currently certified and has been in practice
85-27    in the other state for the two years preceding the date of
 86-1    application may obtain a new certificate without reexamination.
 86-2    The person must pay to the department a fee that is equal to two
 86-3    times the normally required renewal fee for the certificate.
 86-4          (g)  [A certificate holder who fails to renew the certificate
 86-5    on or before the expiration date may reinstate the certificate
 86-6    within the time set by the board of health on payment of the
 86-7    renewal fee and a reinstatement fee.]
 86-8          [(d)]  A respiratory care practitioner who does not engage in
 86-9    the practice of respiratory care during a subsequent renewal period
86-10    and who notifies the department of the inactivity is not required
86-11    to pay the renewal fee as long as that practitioner remains
86-12    inactive.  If the practitioner desires to resume the practice of
86-13    respiratory care, the practitioner must notify the department and
86-14    must satisfy the requirements of the board of health in addition to
86-15    remitting the renewal fee for the current renewal period and the
86-16    reinstatement fee.
86-17          SECTION 14.03.  Chapter 829, Acts of the 69th Legislature,
86-18    Regular Session, 1985 (Article 4512l, Vernon's Texas Civil
86-19    Statutes), is amended by adding Section 7A to read as follows:
86-20          Sec. 7A.  STAGGERED RENEWAL DATES.  The board of health by
86-21    rule may adopt a system under which certificates expire on various
86-22    dates during the year.  For the year in which the certificate
86-23    expiration date is changed, the department shall prorate
86-24    certificate fees on a monthly basis so that each certificate holder
86-25    pays only that portion of the certificate fee that is allocable to
86-26    the number of months during which the certificate is valid. On
86-27    renewal of the certificate on the new expiration date, the total
 87-1    certificate renewal fee is payable.
 87-2     ARTICLE 15.  STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE
 87-3                   REGISTRATION OF DISPENSING OPTICIANS
 87-4          SECTION 15.01.  Subsection (b), Section 5, Opticians'
 87-5    Registry Act (Article 4551-1, Vernon's Texas Civil Statutes), is
 87-6    amended to read as follows:
 87-7          (b)  The board may not adopt substantive rules relating to
 87-8    this Act other than substantive rules described by Subsection (a)
 87-9    of this section, Subsection (b) of Section 9 of this Act, and
87-10    Section 5A of this Act.
87-11          SECTION 15.02.  The Opticians' Registry Act (Article 4551-1,
87-12    Vernon's Texas Civil Statutes) is amended by adding Section 5A to
87-13    read as follows:
87-14          Sec. 5A.  RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING.
87-15    (a)  The board may not adopt rules restricting advertising or
87-16    competitive bidding  by a registrant except to prohibit false,
87-17    misleading, or deceptive practices.
87-18          (b)  In its rules to prohibit false, misleading, or deceptive
87-19    practices, the board may not include a rule that:
87-20                (1)  restricts the use of any medium for advertising;
87-21                (2)  restricts the use of a registrant's personal
87-22    appearance or voice in an advertisement;
87-23                (3)  relates to the size or duration of an
87-24    advertisement by the registrant; or
87-25                (4)  restricts the registrant's advertisement under a
87-26    trade name.
87-27          SECTION 15.03.  Section 7, Opticians' Registry Act (Article
 88-1    4551-1, Vernon's Texas Civil Statutes), is amended by adding
 88-2    Subsections (c)-(f) to read as follows:
 88-3          (c)  Not later than the 30th day after the date a person
 88-4    takes a qualifying examination under this Act, the department
 88-5    shall notify the person of the results of the examination.
 88-6          (d)  If the examination is graded or reviewed by a testing
 88-7    service:
 88-8                (1)  the department shall notify the person of the
 88-9    results of the examination not later than the 14th day after the
88-10    date the department receives the results from the testing service;
88-11    and
88-12                (2)  if notice of the examination results will be
88-13    delayed for longer than 90 days after the examination date, the
88-14    department shall notify the person of the reason for the delay
88-15    before the 90th day.
88-16          (e)  The department may require a testing service to notify a
88-17    person of the results of the person's examination.
88-18          (f)  If requested in writing by a person who fails a
88-19    qualifying examination administered under this Act, the department
88-20    shall furnish the person with an analysis of the person's
88-21    performance on the examination.
88-22          SECTION 15.04.  Section 9, Opticians' Registry Act (Article
88-23    4551-1, Vernon's Texas Civil Statutes), is amended to read as
88-24    follows:
88-25          Sec. 9.  RENEWAL OF REGISTRATION.  (a)  A certificate of
88-26    registration issued under this Act is valid for one year from the
88-27    date of issuance.  To renew the registration, the registrant must
 89-1    submit an application for renewal in the manner prescribed by the
 89-2    board.
 89-3          (b)  The application must be accompanied by [a renewal fee
 89-4    and] evidence that the applicant has successfully completed the
 89-5    continuing education courses required by board rule.  The board
 89-6    shall recognize, prepare, or administer continuing education
 89-7    programs for its registrants. A registrant must participate in the
 89-8    programs to the extent required by the board to keep the person's
 89-9    certificate of registration.  The board may not require more than
89-10    10 classroom hours of continuing education courses per year.
89-11          (c) [(b)]  The department shall adopt a system under which
89-12    registrations expire and are renewed on various dates of the year.
89-13          (d)  A person who is otherwise eligible to renew a
89-14    certificate of registration may renew an unexpired certificate by
89-15    paying the required renewal fee to the department before the
89-16    expiration date of the certificate.  A person whose certificate of
89-17    registration has expired may not make a representation for which a
89-18    certificate of registration is required under Section 4 of this Act
89-19    until the certificate has been renewed.
89-20          (e)  A person whose certificate of registration has been
89-21    expired for 90 days or less may renew the certificate by paying to
89-22    the department a renewal fee that is equal to 1-1/2 times the
89-23    normally required renewal fee.
89-24          (f)  A person whose certificate of registration has been
89-25    expired for more than 90 days but less than one year may renew the
89-26    certificate by paying to the department a renewal fee that is equal
89-27    to two times the normally required renewal fee.
 90-1          (g)  A person whose certificate of registration has been
 90-2    expired for one year or more may not renew the certificate.  The
 90-3    person may obtain a new certificate of registration by complying
 90-4    with the requirements and procedures, including the examination
 90-5    requirements, for an original certificate.
 90-6          (h)  A person who was registered in this state, moved to
 90-7    another state, and is currently licensed or registered and has been
 90-8    in practice in the other state for the two years preceding the date
 90-9    of application may obtain a new certificate of registration without
90-10    reexamination.  The person must pay to the department a fee that is
90-11    equal to two times the normally required renewal fee for the
90-12    certificate.
90-13          (i)  Not later than the 30th day before the date a person's
90-14    certificate of registration is scheduled to expire, the department
90-15    shall send written notice of the impending expiration to the person
90-16    at the person's last known address according to the records of the
90-17    department.
90-18          [(c)  A person registered under this Act who does not renew
90-19    the registration by the expiration date may renew the registration
90-20    not later than the 180th day after the expiration date by paying a
90-21    late registration fee as prescribed by the board.]
90-22          [(d)  The registration of a person who fails to meet the
90-23    renewal requirements under this section is void until the person
90-24    submits a new application, pays the appropriate fees, and meets the
90-25    current requirements for registration.]
90-26          SECTION 15.05.  Section 12, Opticians' Registry Act (Article
90-27    4551-1, Vernon's Texas Civil Statutes), is amended to read as
 91-1    follows:
 91-2          Sec. 12.  DENIAL, SUSPENSION, REVOCATION, AND PROBATION.  (a)
 91-3    The department shall [may] refuse to issue a certificate of
 91-4    registration to an applicant, suspend or revoke a certificate of
 91-5    registration, or reprimand [place on probation] an individual who
 91-6    is registered under this Act if the individual:
 91-7                (1)  obtains a certificate by means of fraud,
 91-8    misrepresentation, or concealment of material facts;
 91-9                (2)  sells, barters, or offers to sell or barter a
91-10    certificate of registration;
91-11                (3)  violates a lawful rule adopted by the board;
91-12                (4)  violates Section 4 of this Act; or
91-13                (5)  practices medicine or optometry without a license.
91-14          (b)  The board may place on probation a person whose
91-15    registration is suspended.  If the suspension is probated, the
91-16    board may require the person:
91-17                (1)  to report regularly to the department on matters
91-18    that are the basis of the probation;
91-19                (2)  to limit practice to the areas prescribed by the
91-20    board; or
91-21                (3)  to continue or review professional education until
91-22    the person attains a degree of skill satisfactory to the board in
91-23    those areas that are the basis of the probation.
91-24          (c)  A person whose application of registration is denied,
91-25    whose registration is suspended[,] or revoked, or who is
91-26    reprimanded is entitled to a hearing before the department if the
91-27    person submits a written request for a hearing to the department.
 92-1    A hearing is governed by department rules for a contested hearing
 92-2    and by Chapter 2001, Government Code [the Administrative Procedure
 92-3    and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
 92-4    Statutes)].
 92-5     ARTICLE 16.  STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE
 92-6             REGULATION OF MEDICAL RADIOLOGICAL TECHNOLOGISTS
 92-7          SECTION 16.01.  Section 2.05(d), Medical Radiologic
 92-8    Technologist Certification Act (Article 4512m, Vernon's Texas Civil
 92-9    Statutes), is amended to read as follows:
92-10          (d)  The Texas Board of Health:
92-11                (1)  may establish guidelines;
92-12                (2)  shall prepare, recognize, or administer [, which
92-13    may include requirements for] continuing education programs for
92-14    medical radiologic technologists in which a medical radiologic
92-15    technologist must participate, to the extent required by the board,
92-16    to keep the person's certificate;[,] and
92-17                (3)  [the Texas Board of Health] may prepare and
92-18    conduct an examination for applicants for a certificate.
92-19          SECTION 16.02.  The Medical Radiologic Technologist
92-20    Certification Act (Article 4512m, Vernon's Texas Civil Statutes) is
92-21    amended by adding Section 2.055 to read as follows:
92-22          Sec. 2.055.  RULES REGARDING ADVERTISING OR COMPETITIVE
92-23    BIDDING.  (a)  The Texas Board of Health may not adopt rules
92-24    restricting advertising or competitive bidding by a medical
92-25    radiologic technologist except to prohibit false, misleading, or
92-26    deceptive practices.
92-27          (b)  In its rules to prohibit false, misleading, or deceptive
 93-1    practices, the board may not include a rule that:
 93-2                (1)  restricts the use of any medium for advertising;
 93-3                (2)  restricts the use of a medical radiologic
 93-4    technologist's personal appearance or voice in an advertisement;
 93-5                (3)  relates to the size or duration of an
 93-6    advertisement by the medical radiologic technologist; or
 93-7                (4)  restricts the medical radiologic technologist's
 93-8    advertisement under a trade name.
 93-9          SECTION 16.03.  The Medical Radiologic Technologist
93-10    Certification Act (Article 4512m, Vernon's Texas Civil Statutes) is
93-11    amended by adding Section 2.075 to read as follows:
93-12          Sec. 2.075.  PROVISIONAL CERTIFICATES.  (a)  The Texas Board
93-13    of Health may issue a provisional certificate to an applicant
93-14    currently licensed or certified in another jurisdiction who seeks
93-15    certification in this state and who:
93-16                (1)  has been licensed or certified in good standing as
93-17    a medical radiologic technologist for at least two years in another
93-18    jurisdiction, including a foreign country, that has licensing or
93-19    certification requirements substantially equivalent to the
93-20    requirements of this Act;
93-21                (2)  has  passed  a  national  or other  examination
93-22    recognized by the board relating to the practice of radiologic
93-23    technology; and
93-24                (3)  is sponsored by a medical radiologic technologist
93-25    certified by the board under this Act with whom the provisional
93-26    certificate holder will practice during the time the person holds a
93-27    provisional certificate.
 94-1          (b)  The board may waive the requirement of Subsection (a)(3)
 94-2    for an applicant if the board determines that compliance with that
 94-3    subsection would be a hardship to the applicant.
 94-4          (c)  A provisional certificate is valid until the date the
 94-5    board approves or denies the provisional certificate holder's
 94-6    application for a certificate.  The board shall issue a certificate
 94-7    under this Act to the provisional certificate holder if:
 94-8                (1)  the provisional certificate holder is eligible to
 94-9    be certified  under Section 2.05(c) of this Act; or
94-10                (2)  the provisional certificate holder passes the part
94-11    of the examination under Section 2.05(d) of this Act that relates
94-12    to the applicant's knowledge and understanding of the laws and
94-13    rules relating to the practice of radiologic technology in this
94-14    state and:
94-15                      (A)  the board verifies that the provisional
94-16    certificate holder meets the academic and experience requirements
94-17    for a certificate under this Act; and
94-18                      (B)  the provisional certificate holder satisfies
94-19    any other licensing requirements under this Act.
94-20          (d)  The board must approve or deny a provisional certificate
94-21    holder's application for a certificate not later than the 180th day
94-22    after the date the provisional certificate is issued.  The board
94-23    may extend the 180-day period if the results of an examination have
94-24    not been received by the board before the end of that period.
94-25          (e)  The board may establish a fee for provisional
94-26    certificates in an amount reasonable and necessary to cover the
94-27    cost of issuing the certificate.
 95-1          SECTION 16.04.  Section 2.09, Medical Radiologic Technologist
 95-2    Certification Act (Article 4512m, Vernon's Texas Civil Statutes),
 95-3    is amended by amending Subsection (d) and adding Subsections
 95-4    (e)-(j) to read as follows:
 95-5          (d)  The Texas Board of Health may set fees for examination
 95-6    and[,] certificate issuance[, and certificate renewal].  The Texas
 95-7    Board of Health shall set the fees in amounts that are reasonable
 95-8    to cover the costs of administering this Act without the use of
 95-9    additional general revenue funds.
95-10          (e)  A person who is otherwise eligible to renew a
95-11    certificate may renew an unexpired certificate  by paying the
95-12    required renewal fee to the department before the expiration date
95-13    of the certificate. A person whose certificate has expired may not
95-14    engage in activities that require a certificate until the
95-15    certificate has been renewed.
95-16          (f)  A person whose certificate  has been expired for 90 days
95-17    or less may renew the certificate  by paying to the department a
95-18    renewal fee that is equal to 1-1/2 times the normally required
95-19    renewal fee.
95-20          (g)  A person whose certificate has been expired for more
95-21    than 90 days but less than one year may renew the certificate by
95-22    paying to the department a renewal fee that is equal to two times
95-23    the normally required renewal fee.
95-24          (h)  A person whose certificate has been expired for one year
95-25    or more may not renew the certificate. The person may obtain a new
95-26    certificate  by complying with the requirements and procedures,
95-27    including the examination requirements, for an original
 96-1    certificate.
 96-2          (i)  A person who held a certificate in this state, moved to
 96-3    another state, and currently holds a certificate or license and has
 96-4    been in practice in the other state for the two years preceding the
 96-5    date of application may obtain a new certificate without
 96-6    reexamination.  The person must pay to the department a fee that is
 96-7    equal to two times the normally required renewal fee for the
 96-8    certificate.
 96-9          (j)  Not later than the 30th day before the date a person's
96-10    certificate is scheduled to expire, the department shall send
96-11    written notice of the impending expiration to the person at the
96-12    person's last known address according to the records of the
96-13    department.
96-14          SECTION 16.05.  The Medical Radiologic Technologist
96-15    Certification Act (Article 4512m, Vernon's Texas Civil Statutes) is
96-16    amended by adding Sections 2.091 and 2.092 to read as follows:
96-17          Sec. 2.091.  NOTIFICATION OF EXAMINATION RESULTS.  (a)  Not
96-18    later than the 30th day after the date a person takes an
96-19    examination for a certificate under this Act, the department shall
96-20    notify the person of the results of the examination.
96-21          (b)  If the examination is graded or reviewed by a testing
96-22    service:
96-23                (1)  the department shall notify the person of the
96-24    results of the examination not later than the 14th day after the
96-25    date the department receives the results from the testing service;
96-26    and
96-27                (2)  if notice of the examination results will be
 97-1    delayed for longer than 90 days after the examination date, the
 97-2    department shall notify the person of the reason for the delay
 97-3    before the 90th day.
 97-4          (c)  The department may require a testing service to notify a
 97-5    person of the results of the person's examination.
 97-6          (d)  If requested in writing by a person who fails an
 97-7    examination for a certificate administered under this Act, the
 97-8    department shall furnish the person with an analysis of the
 97-9    person's performance on the examination.
97-10          Sec. 2.092.  STAGGERED RENEWAL DATES.  The Texas Board of
97-11    Health by rule may adopt a system under which certificates expire
97-12    on various dates during the year.  For the year in which the
97-13    certificate expiration date is changed, the department shall
97-14    prorate certificate fees on a monthly basis so that each
97-15    certificate holder pays only that portion of the certificate fee
97-16    that is allocable to the number of months during which the
97-17    certificate is valid. On renewal of the certificate on the new
97-18    expiration date, the total certificate renewal fee is payable.
97-19      ARTICLE 17.  ADMINISTRATIVE PENALTY AND STANDARD SUNSET REVIEW
97-20     PROVISIONS APPLICABLE TO THE BOARD OF LICENSURE FOR PROFESSIONAL
97-21                            MEDICAL PHYSICISTS
97-22          SECTION 17.01.  Section 5(d), Texas Medical Physics Practice
97-23    Act (Article 4512n, Vernon's Texas Civil Statutes), is amended to
97-24    read as follows:
97-25          (d)  Appointments to the board shall be made without regard
97-26    to the race, color, disability, creed, sex, religion, age, or
97-27    national origin of the appointee.
 98-1          SECTION 17.02.  Section 7(d), Texas Medical Physics Practice
 98-2    Act (Article 4512n, Vernon's Texas Civil Statutes), is amended to
 98-3    read as follows:
 98-4          (d)  A [The] public member of the board must be a resident of
 98-5    this state for four years preceding appointment.  A person may not
 98-6    be a public member of the board if the person or the person's
 98-7    spouse:
 98-8                (1)  is registered, certified, or licensed by a
 98-9    regulatory agency in the field of medical physics;
98-10                (2)  is employed by or participates in the management
98-11    of a business entity or other organization regulated by or
98-12    receiving money from the board;
98-13                (3)  owns or controls, directly or indirectly, more
98-14    than a 10 percent interest in a business entity or other
98-15    organization regulated by or receiving money from the board; or
98-16                (4)  uses or receives a substantial amount of tangible
98-17    goods, services, or money from the board other than compensation or
98-18    reimbursement authorized by law for board membership, attendance,
98-19    or expenses [and may not have a financial interest in any endeavor
98-20    related to the practice of medical physics].
98-21          SECTION 17.03.  The Texas Medical Physics Practice Act
98-22    (Article 4512n, Vernon's Texas Civil Statutes) is amended by adding
98-23    Sections 7A and 7B to read as follows:
98-24          Sec. 7A.  CONFLICT OF INTEREST.  (a)  In this section, "Texas
98-25    trade association" means a cooperative and voluntarily joined
98-26    association of business or professional competitors in this state
98-27    designed to assist its members and its industry or profession in
 99-1    dealing with mutual business or professional problems and in
 99-2    promoting their common interest.
 99-3          (b)  A person may not be a member of the board if:
 99-4                (1)  the person is an officer, employee, or paid
 99-5    consultant of a Texas trade association in the field of medicine;
 99-6    or
 99-7                (2)  the person's spouse is an officer, manager, or
 99-8    paid consultant of a Texas trade association in the field of
 99-9    medicine.
99-10          (c)  A person may not be a member of the board if the person
99-11    is required to register as a lobbyist under Chapter 305, Government
99-12    Code, because of the person's activities for compensation on behalf
99-13    of a profession related to the operation of the board.
99-14          Sec. 7B.  TRAINING.  (a)  A person who is appointed to and
99-15    qualifies for office as a member of the board may not vote,
99-16    deliberate, or be counted as a member in attendance at a meeting of
99-17    the board until the person completes a training program that
99-18    complies with this section.
99-19          (b)  The training program must provide the person with
99-20    information regarding:
99-21                (1)  the legislation that created the board;
99-22                (2)  the programs operated by the board;
99-23                (3)  the role and functions of the board;
99-24                (4)  the rules of the board with an emphasis on the
99-25    rules that relate to disciplinary and investigatory authority;
99-26                (5)  the current budget for the board;
99-27                (6)  the results of the most recent formal audit of the
 100-1   board;
 100-2               (7)  the requirements of:
 100-3                     (A)  the open meetings law, Chapter 551,
 100-4   Government Code;
 100-5                     (B)  the public information law, Chapter 552,
 100-6   Government Code;
 100-7                     (C)  the administrative procedure law, Chapter
 100-8   2001, Government Code; and
 100-9                     (D)  other laws relating to public officials,
100-10   including conflict-of-interest laws; and
100-11               (8)  any applicable ethics policies adopted by the
100-12   board or the Texas Ethics Commission.
100-13         (c)  A person appointed to the board is entitled to
100-14   reimbursement, as provided by the General Appropriations Act, for
100-15   the travel expenses incurred in attending the training program
100-16   regardless of whether the attendance at the program occurs before
100-17   or after the person qualifies for office.
100-18         SECTION 17.04.  Section 8, Texas Medical Physics Practice Act
100-19   (Article 4512n, Vernon's Texas Civil Statutes), is amended to read
100-20   as follows:
100-21         Sec. 8.  REMOVAL FROM OFFICE.  (a)  It is a ground for
100-22   removal from the board if a member:
100-23               (1)  does not have at the time of appointment the
100-24   qualifications required by Section 7 of this Act for appointment to
100-25   the board;
100-26               (2)  does not maintain during service on the board the
100-27   qualifications required by Section 7 of this Act for appointment to
 101-1   the board;
 101-2               (3)  is ineligible for membership under Subsection (d)
 101-3   of Section 7 of this Act or Section 7A of this Act;
 101-4               (4)  cannot, because of illness or disability,
 101-5   discharge the member's duties for a substantial part of the
 101-6   member's term; or
 101-7               (5) [(3)]  fails to attend at least half of the
 101-8   regularly scheduled board meetings held in a calendar year,
 101-9   excluding meetings held while the person was not a board member,
101-10   without an excuse approved by a majority of the board.
101-11         (b)  If a ground for removal of a member of the board exists,
101-12   the board's actions during the existence of the ground for removal
101-13   are not invalid for that reason.
101-14         (c)  If the commissioner of public health has knowledge that
101-15   a potential ground for removal exists, the commissioner shall
101-16   notify the presiding officer of the board of the potential ground.
101-17   The presiding officer shall then notify the governor and the
101-18   attorney general that a potential ground for removal exists.  If
101-19   the potential ground for removal involves the presiding officer,
101-20   the commissioner shall notify the next highest ranking officer of
101-21   the board, who shall then notify the governor and the attorney
101-22   general that a potential ground for removal exists.
101-23         SECTION 17.05.  Section 10, Texas Medical Physics Practice
101-24   Act (Article 4512n, Vernon's Texas Civil Statutes), is amended by
101-25   amending Subsection (a) and adding Subsection (c) to read as
101-26   follows:
101-27         (a)  The governor shall designate a member of the board as
 102-1   the presiding officer of the board to serve in that capacity at the
 102-2   will of the governor.  At the first regularly scheduled meeting of
 102-3   each calendar year, the board shall elect from among its members [a
 102-4   presiding officer and] an assistant presiding officer.
 102-5         (c)  The board shall develop and implement policies that
 102-6   provide the public with a reasonable opportunity to appear before
 102-7   the board and to speak on any issue under the jurisdiction of the
 102-8   board.
 102-9         SECTION 17.06.  Section 11, Texas Medical Physics Practice
102-10   Act (Article 4512n, Vernon's Texas Civil Statutes), is amended to
102-11   read as follows:
102-12         Sec. 11.  BOARD RESPONSIBILITIES.  (a)  The board shall:
102-13               (1)  adopt and revise, with the approval of the
102-14   department, rules that are reasonably necessary for the proper
102-15   performance of its duties under this Act;
102-16               (2)  determine the qualifications and fitness of
102-17   applicants for licenses, renewal of licenses, and reciprocal
102-18   licenses;
102-19               (3)  charge a fee for the processing and issuance or
102-20   renewal of a license under this Act in an amount necessary to cover
102-21   costs incurred by the board in administering this Act;
102-22               (4)  adopt and publish a code of ethics;
102-23               (5)  adopt an official seal;
102-24               (6)  conduct examinations for licensure under this Act;
102-25               (7)  issue, deny, renew, revoke, and suspend licenses
102-26   under this Act;
102-27               (8)  conduct hearings on complaints concerning
 103-1   violations of this Act or rules adopted under this Act;
 103-2               (9)  prosecute or file suit to enjoin a violation of
 103-3   this Act or a rule adopted under this Act; and
 103-4               (10)  [maintain a file on each complaint filed with the
 103-5   board showing the status and final disposition of the complaint;
 103-6   and]
 103-7               [(11)]  prepare information of consumer interest
 103-8   describing the regulatory functions of the board and describing the
 103-9   procedures by which complaints are filed with and resolved by the
103-10   board.
103-11         (b)  The board shall recognize, [may] prepare, or [and]
103-12   administer [an optional] continuing education programs [program]
103-13   for persons licensed by the board under this Act. A license holder
103-14   must participate in the programs to the extent required by the
103-15   board to keep the person's license.
103-16         (c)  The board shall develop and implement policies that
103-17   clearly separate the policymaking responsibilities of the board and
103-18   the management responsibilities of the commissioner of public
103-19   health, the executive secretary, and the staff of the department.
103-20         SECTION 17.07.  The Texas Medical Physics Practice Act
103-21   (Article 4512n, Vernon's Texas Civil Statutes) is amended by adding
103-22   Sections 11A and 11B to read as follows:
103-23         Sec. 11A.  COMPLAINTS.  (a)  The board shall maintain a file
103-24   on each written complaint filed with the board.  The file must
103-25   include:
103-26               (1)  the name of the person who filed the complaint;
103-27               (2)  the date the complaint is received by the board;
 104-1               (3)  the subject matter of the complaint;
 104-2               (4)  the name of each person contacted in relation to
 104-3   the complaint;
 104-4               (5)  a summary of the results of the review or
 104-5   investigation of the complaint; and
 104-6               (6)  an explanation of the reason the file was closed,
 104-7   if the board closed the file without taking action other than to
 104-8   investigate the complaint.
 104-9         (b)  The board shall provide to the person filing the
104-10   complaint and to each person who is a subject of the complaint a
104-11   copy of the board's policies and procedures relating to complaint
104-12   investigation and resolution.
104-13         (c)  The board, at least quarterly until final disposition of
104-14   the complaint, shall notify the person filing the complaint and
104-15   each person who is a subject of the complaint of the status of the
104-16   investigation unless the notice would jeopardize an undercover
104-17   investigation.
104-18         Sec. 11B.  RULES REGARDING ADVERTISING OR COMPETITIVE
104-19   BIDDING.  (a)  The board may not adopt rules restricting
104-20   advertising or competitive bidding by a license holder except to
104-21   prohibit false, misleading, or deceptive practices.
104-22         (b)  In its rules to prohibit false, misleading, or deceptive
104-23   practices, the board may not include a rule that:
104-24               (1)  restricts the use of any medium for advertising;
104-25               (2)  restricts the use of a license holder's personal
104-26   appearance or voice in an advertisement;
104-27               (3)  relates to the size or duration of an
 105-1   advertisement by the license holder; or
 105-2               (4)  restricts the license holder's advertisement under
 105-3   a trade name.
 105-4         SECTION 17.08.  Section 12, Texas Medical Physics Practice
 105-5   Act (Article 4512n, Vernon's Texas Civil Statutes), is amended by
 105-6   adding Subsection (c) to read as follows:
 105-7         (c)  The commissioner of health or the commissioner's
 105-8   designee shall provide to members of the board, as often as
 105-9   necessary, information regarding the requirements for office under
105-10   this Act, including information regarding a person's
105-11   responsibilities under applicable laws relating to standards of
105-12   conduct for state officers.
105-13         SECTION 17.09.  Section 18, Texas Medical Physics Practice
105-14   Act (Article 4512n, Vernon's Texas Civil Statutes), is amended to
105-15   read as follows:
105-16         Sec. 18.  LICENSING BY ENDORSEMENT OR RECIPROCITY.  (a)  On
105-17   receipt of an application and fee in accordance with Section 14 of
105-18   this Act, the board may waive any prerequisite for obtaining
105-19   [issue] a license to practice medical physics in this state to a
105-20   person who:
105-21               (1)  holds a license to practice medical or
105-22   radiological physics in another state, territory, or jurisdiction
105-23   acceptable to the board that has requirements for the licensing of
105-24   medical or radiological physicists that are substantially the same
105-25   as the requirements of this Act; or
105-26               (2)  prior to September 1, 1994:
105-27                     (A)  is a resident of a state, territory, or
 106-1   jurisdiction without a medical physics licensure and/or practice
 106-2   act;
 106-3                     (B)  meets all other requirements for licensure
 106-4   without examination in accordance with Section 19 of this Act; and
 106-5                     (C)  has demonstrated to the board's satisfaction
 106-6   a working knowledge of Texas rules pertaining to the license
 106-7   specialty requested.
 106-8         (b)  The board may waive any prerequisite for obtaining a
 106-9   license to practice medical physics in this state for an applicant
106-10   who holds a license issued by another jurisdiction with which this
106-11   state has a reciprocity agreement. The board may make an agreement,
106-12   subject to the approval of the governor, with another state to
106-13   allow for licensing by reciprocity.
106-14         SECTION 17.10.  Section 21, Texas Medical Physics Practice
106-15   Act (Article 4512n, Vernon's Texas Civil Statutes), is amended to
106-16   read as follows:
106-17         Sec. 21.  DENIAL, SUSPENSION, OR REVOCATION OF LICENSE;
106-18   DISCIPLINARY ACTION.  (a)  The board shall [may] refuse to issue or
106-19   renew a license, suspend or revoke a license, or reprimand the
106-20   license holder[, or place a license holder on probation] for any of
106-21   the following:
106-22               (1)  obtaining or renewing a license by means of fraud,
106-23   misrepresentation, or concealment of material facts;
106-24               (2)  having once made application for or held a license
106-25   issued by the licensing authority of another state, territory, or
106-26   jurisdiction that was denied, suspended, or revoked by that
106-27   licensing authority;
 107-1               (3)  engaging in unprofessional conduct that endangered
 107-2   or is likely to endanger the health, safety, or welfare of the
 107-3   public as defined by board rule;
 107-4               (4)  violating this Act, a lawful order or rule of the
 107-5   board, or the board's code of ethics; or
 107-6               (5)  being convicted of a felony or of a misdemeanor
 107-7   that involved moral turpitude or that directly relates to a
 107-8   person's duties and responsibilities as a licensed medical
 107-9   physicist.
107-10         (b)  The board may place on probation a person whose license
107-11   is suspended.  If a license suspension is probated, the board may
107-12   require the person:
107-13               (1)  to report regularly to the department on matters
107-14   that are the basis of the probation;
107-15               (2)  to limit practice to the areas prescribed by the
107-16   board; or
107-17               (3)  to continue or review professional education until
107-18   the person attains a degree of skill satisfactory to the board in
107-19   those areas that are the basis of the probation.
107-20         (c)  Chapter 2001, Government Code, [The Administrative
107-21   Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
107-22   Civil Statutes)] and board rules for a contested hearing apply to
107-23   proceedings by the board under this section.
107-24         SECTION 17.11.  The Texas Medical Physics Practice Act
107-25   (Article 4512n, Vernon's Texas Civil Statutes) is amended by adding
107-26   Sections 23A and 23B to read as follows:
107-27         Sec. 23A.  IMPOSITION OF ADMINISTRATIVE PENALTY.  (a)  The
 108-1   board may impose an administrative penalty on a person licensed
 108-2   under this Act who violates this Act or a rule or order adopted
 108-3   under this Act.  A penalty collected under this section or Section
 108-4   23B of this Act shall be deposited in the state treasury in the
 108-5   general revenue fund.
 108-6         (b)  A proceeding to impose the penalty is considered to be a
 108-7   contested case under Chapter 2001, Government Code.
 108-8         (c)  The amount of the penalty may not exceed $500 for each
 108-9   violation, and each day a violation continues or occurs is a
108-10   separate violation for purposes of imposing a penalty.
108-11         (d)  The amount shall be based on:
108-12               (1)  the seriousness of the violation, including the
108-13   nature, circumstances, extent, and gravity of the violation;
108-14               (2)  the threat to health or safety caused by the
108-15   violation;
108-16               (3)  the history of previous violations;
108-17               (4)  the amount necessary to deter a future violation;
108-18               (5)  whether the violator demonstrated good faith,
108-19   including when applicable whether the violator made good faith
108-20   efforts to correct the violation; and
108-21               (6)  any other matter that justice may require.
108-22         (e)  If the executive secretary determines that a violation
108-23   occurred, the executive secretary shall give written notice of the
108-24   report by certified mail to the person.
108-25         (f)  The notice under Subsection (e) of this section must:
108-26               (1)  include a brief summary of the alleged violation;
108-27               (2)  state the amount of the recommended penalty; and
 109-1               (3)  inform the person of the person's right to a
 109-2   hearing on the occurrence of the violation, the amount of the
 109-3   penalty, or both.
 109-4         (g)  Within 20 days after the date the person receives the
 109-5   notice under Subsection (e) of this section, the person in writing
 109-6   may:
 109-7               (1)  accept the determination and recommended penalty
 109-8   of the executive secretary; or
 109-9               (2)  make a request for a hearing on the occurrence of
109-10   the violation, the amount of the penalty, or both.
109-11         (h)  If the person accepts the determination and recommended
109-12   penalty or if the person fails to respond to the notice, the board
109-13   by order shall approve the determination and impose the recommended
109-14   penalty.
109-15         (i)  If the person requests a hearing, the board shall refer
109-16   the matter to the State Office of Administrative Hearings, which
109-17   shall promptly set a hearing date and give written notice of the
109-18   time and place of the hearing to the person.  An administrative law
109-19   judge of the State Office of Administrative Hearings shall conduct
109-20   the hearing.
109-21         (j)  The administrative law judge shall make findings of fact
109-22   and conclusions of law and promptly issue to the board a proposal
109-23   for a decision about the occurrence of the violation and the amount
109-24   of a proposed penalty.
109-25         (k)  Based on the findings of fact, conclusions of law, and
109-26   proposal for a decision, the board by order may:
109-27               (1)  find that a violation occurred and impose a
 110-1   penalty; or
 110-2               (2)  find that a violation did not occur.
 110-3         (l)  The notice of the board's order under Subsection (k) of
 110-4   this section that is  sent to the person in accordance with Chapter
 110-5   2001, Government Code, must include a statement of the right of the
 110-6   person to judicial review of the order.
 110-7         Sec. 23B.  PAYMENT AND COLLECTION OF ADMINISTRATIVE PENALTY;
 110-8   JUDICIAL REVIEW.  (a)  Within 30 days after the date an order of
 110-9   the board under Subsection (k) of Section 23A of this Act that
110-10   imposes an administrative penalty becomes final, the person shall:
110-11               (1)  pay the penalty; or
110-12               (2)  file a petition for judicial review of the board's
110-13   order contesting the occurrence of the violation, the amount of the
110-14   penalty, or both.
110-15         (b)  Within the 30-day period prescribed by Subsection (a) of
110-16   this section, a person who files a petition for judicial review
110-17   may:
110-18               (1)  stay enforcement of the penalty by:
110-19                     (A)  paying the penalty to the court for
110-20   placement in an escrow account; or
110-21                     (B)  giving the court a supersedeas bond approved
110-22   by the court that:
110-23                           (i)  is for the amount of the penalty; and
110-24                           (ii)  is effective until all judicial
110-25   review of the board's order is final; or
110-26               (2)  request the court to stay enforcement of the
110-27   penalty by:
 111-1                     (A)  filing with the court a sworn affidavit of
 111-2   the person stating that the person is financially unable to pay the
 111-3   penalty and is financially unable to give the supersedeas bond; and
 111-4                     (B)  sending a copy of the affidavit to the board
 111-5   by certified mail.
 111-6         (c)  If the board receives a copy of an affidavit under
 111-7   Subsection (b)(2) of this section, the board may file with the
 111-8   court, within five days after the date the copy is received, a
 111-9   contest to the affidavit.  The court shall hold a hearing on the
111-10   facts alleged in the affidavit as soon as practicable and shall
111-11   stay the enforcement of the penalty on finding that the alleged
111-12   facts are true.  The person who files an affidavit has the burden
111-13   of proving that the person is financially unable to pay the penalty
111-14   or to give a supersedeas bond.
111-15         (d)  If the person does not pay the penalty and the
111-16   enforcement of the penalty is not stayed, the penalty may be
111-17   collected.  The attorney general may sue to collect the penalty.
111-18         (e)  If the court sustains the finding that a violation
111-19   occurred, the court may uphold or reduce the amount of the penalty
111-20   and order the person to pay the full or reduced amount of the
111-21   penalty.
111-22         (f)  If the court does not sustain the finding that a
111-23   violation occurred, the court shall order that a penalty is not
111-24   owed.
111-25         (g)  If the person paid the penalty and if the amount of the
111-26   penalty is reduced or the penalty is not upheld by the court, the
111-27   court shall order, when the court's judgment becomes final, that
 112-1   the appropriate amount plus accrued interest be remitted to the
 112-2   person within 30 days after the date that the judgment of the court
 112-3   becomes final. The interest accrues at the rate charged on loans to
 112-4   depository institutions by the New York Federal Reserve Bank. The
 112-5   interest shall be paid for the period beginning on the date the
 112-6   penalty is paid and ending on the date the penalty is remitted.
 112-7         (h)  If the person gave a supersedeas bond and the penalty is
 112-8   not upheld by the court, the court shall order, when the court's
 112-9   judgment becomes final, the release of the bond. If the person gave
112-10   a supersedeas bond and the amount of the penalty is reduced, the
112-11   court shall order the release of the bond after the person pays the
112-12   reduced amount.
112-13         SECTION 17.12.  The Texas Medical Physics Practice Act
112-14   (Article 4512n, Vernon's Texas Civil Statutes) is amended by adding
112-15   Section 27 to read as follows:
112-16         Sec. 27.  PROVISIONAL LICENSES.  (a)  The board may issue a
112-17   provisional license to an applicant currently licensed or certified
112-18   in another jurisdiction who seeks a license in this state and who:
112-19               (1)  has been licensed or certified in good standing as
112-20   a practitioner of medical or radiologic physics for at least two
112-21   years in another jurisdiction, including a foreign country, that
112-22   has licensing or certification requirements substantially
112-23   equivalent to the requirements of this Act;
112-24               (2)  has passed a national or other examination
112-25   recognized by the board relating to the practice of medical or
112-26   radiologic physics; and
112-27               (3)  is sponsored by a person licensed by the board
 113-1   under this Act with whom the provisional license holder will
 113-2   practice during the time the person holds a provisional license.
 113-3         (b)  The board may waive the requirement of Subsection (a)(3)
 113-4   for an applicant if the board determines that compliance with that
 113-5   subsection would be a hardship to the applicant.
 113-6         (c)  A provisional license is valid until the date the board
 113-7   approves or denies the provisional license holder's application for
 113-8   a license.  The board shall issue a license under this Act to the
 113-9   provisional license holder if:
113-10               (1)  the provisional license holder is eligible to be
113-11   certified  under Section 18 of this Act; or
113-12               (2)  the provisional license holder passes the part of
113-13   the examination under Section 16 of this Act that relates to the
113-14   applicant's knowledge and understanding of the laws and rules
113-15   relating to the practice of medical physics in this state and:
113-16                     (A)  the board verifies that the provisional
113-17   license holder meets the academic and experience requirements for a
113-18   license under this Act; and
113-19                     (B)  the provisional license holder satisfies any
113-20   other licensing requirements under this Act.
113-21         (d)  The board must approve or deny a provisional license
113-22   holder's application for a license not later than the 180th day
113-23   after the date the provisional license is issued. The board may
113-24   extend the 180-day period if the results of an examination have not
113-25   been received by the board before the end of that period.
113-26         (e)  The board may establish a fee for provisional licenses
113-27   in an amount reasonable and necessary to cover the cost of issuing
 114-1   the license.
 114-2         SECTION 17.13.  Subsection (e), Section 7, Texas Medical
 114-3   Physics Practice Act (Article 4512n, Vernon's Texas Civil
 114-4   Statutes), is repealed.
 114-5         SECTION 17.14.  The changes in law made by this Act in the
 114-6   prohibitions applying to members of the Texas Board of Licensure
 114-7   for Professional Medical Physicists do not affect the entitlement
 114-8   of a member serving on the board immediately before September 1,
 114-9   1999, to continue to serve and function as a member of the board
114-10   for the remainder of the member's term.  The changes in law apply
114-11   only to a member appointed on or after September 1, 1999.
114-12      ARTICLE 18.  STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO
114-13                  THE REGULATION OF MASSAGE THERAPISTS
114-14         SECTION 18.01.  Subsection (b), Section 2, Chapter 752, Acts
114-15   of the 69th Legislature, Regular Session, 1985 (Article 4512k,
114-16   Vernon's Texas Civil Statutes), is amended to read as follows:
114-17         (b)  An individual who registers as a massage therapist under
114-18   this Act must present evidence satisfactory to the board that the
114-19   person:
114-20               (1)  has satisfactorily completed massage therapy
114-21   studies in a 300 hour, supervised course of instruction provided by
114-22   a massage therapy instructor, by a massage school registered by the
114-23   department, by a state approved educational institution, or by any
114-24   combination of instructors or schools, in which 125 hours are
114-25   dedicated to the study of Swedish massage therapy techniques taught
114-26   by a massage therapy instructor, 50 hours to the study of anatomy,
114-27   25 hours to the study of physiology, 15 hours to the study of
 115-1   hydrotherapy, 15 hours to the study of business practices and
 115-2   professional ethics standards, 20 hours to the study of health and
 115-3   hygiene, and 50 hours to an internship program; or
 115-4               (2)  [is registered as a massage therapist in another
 115-5   state or country that has and maintains standards and requirements
 115-6   of practice and licensing or registration that substantially
 115-7   conform to those of this state, as determined by the department; or]
 115-8               [(3)]  has practiced massage therapy as a profession
 115-9   for not less than five years in another state or country that does
115-10   not have or maintain standards and requirements of practice and
115-11   licensing or registration that substantially conform to those of
115-12   this state, as determined by the department.
115-13         SECTION 18.02.  Chapter 752, Acts of the  69th Legislature,
115-14   Regular Session, 1985 (Article 4512k, Vernon's Texas Civil
115-15   Statutes), is amended by adding Sections 2C and 2D to read as
115-16   follows:
115-17         Sec. 2C.  APPLICANT REGISTERED IN ANOTHER JURISDICTION.
115-18   (a)  The board may waive any prerequisite to obtaining a
115-19   certificate of registration for an applicant for registration as a
115-20   massage therapist or massage therapy instructor after reviewing the
115-21   applicant's credentials and determining that the applicant holds a
115-22   license or certificate of registration issued by another
115-23   jurisdiction that has licensing or registration requirements
115-24   substantially equivalent to those of this state.
115-25         (b)  The board may waive any prerequisite to obtaining a
115-26   certificate of registration for an applicant for registration as a
115-27   massage therapist or massage therapy instructor who holds a license
 116-1   or certificate of registration issued by another jurisdiction with
 116-2   which this state has a reciprocity agreement.  The board may make
 116-3   an agreement, subject to the approval of the governor, with another
 116-4   state to allow for registration by reciprocity.
 116-5         Sec. 2D.  PROVISIONAL REGISTRATION.  (a)  The board may issue
 116-6   a provisional certificate of registration to an applicant for
 116-7   registration as a massage therapist or massage therapy instructor
 116-8   currently licensed or registered in another jurisdiction who seeks
 116-9   a certificate of registration in this state and who:
116-10               (1)  has been licensed or registered in good standing
116-11   as a massage therapist or massage therapy instructor, as
116-12   applicable, for at least two years in another jurisdiction,
116-13   including a foreign country, that has licensing or registration
116-14   requirements substantially equivalent to the requirements of this
116-15   Act;
116-16               (2)  has passed a national or other examination
116-17   recognized by the board relating to the practice of massage
116-18   therapy; and
116-19               (3)  is sponsored by a person registered by the board
116-20   under this Act with whom the provisional registrant will practice
116-21   during the time the person holds a provisional certificate of
116-22   registration.
116-23         (b)  The board may waive the requirement of Subsection (a)(3)
116-24   for an applicant if the board determines that compliance with that
116-25   subsection would be a hardship to the applicant.
116-26         (c)  A provisional certificate of registration is valid until
116-27   the date the board approves or denies the provisional registrant's
 117-1   application for registration.  The board shall issue a certificate
 117-2   of registration under this Act to the provisional registrant if:
 117-3               (1)  the provisional registrant is eligible to be
 117-4   certified under Section 2C of this Act; or
 117-5               (2)  the provisional registrant passes the part of the
 117-6   examination under Section  7 of this Act that relates to the
 117-7   applicant's knowledge and understanding of the laws and rules
 117-8   relating to the practice of massage therapy in this state and:
 117-9                     (A)  the board verifies that the provisional
117-10   registrant meets the academic and experience requirements for
117-11   registration under this Act; and
117-12                     (B)  the provisional registrant satisfies any
117-13   other registration requirements under this Act.
117-14         (d)  The board must approve or deny a provisional
117-15   registrant's application for a certificate of registration not
117-16   later than the 180th day after the date the provisional certificate
117-17   of registration is issued. The board may extend the 180-day period
117-18   if the results of an examination have not been received by the
117-19   board before the end of that period.
117-20         (e)  The board may establish a fee for provisional
117-21   certificates of registration in an amount reasonable and necessary
117-22   to cover the cost of issuing the certificate of registration.
117-23         SECTION 18.03.  Chapter 752, Acts of the  69th Legislature,
117-24   Regular Session, 1985 (Article 4512k, Vernon's Texas Civil
117-25   Statutes), is amended by adding Sections 7E, 7F, and 7G to read as
117-26   follows:
117-27         Sec. 7E.  NOTIFICATION OF EXAMINATION RESULTS.  (a)  Not
 118-1   later than the 30th day after the date a person takes a
 118-2   registration examination under this Act, the department shall
 118-3   notify the person of the results of the examination.
 118-4         (b)  If the examination is graded or reviewed by a  testing
 118-5   service:
 118-6               (1)  the department shall notify the person of the
 118-7   results of the examination not later than the 14th day after the
 118-8   date the department receives the results from the testing service;
 118-9   and
118-10               (2)  if notice of the examination results will be
118-11   delayed for longer than 90 days after the examination date, the
118-12   department shall notify the person of the reason for the delay
118-13   before the 90th day.
118-14         (c)  The department may require a testing service to notify a
118-15   person of the results of the person's examination.
118-16         (d)  If requested in writing by a person who fails a
118-17   registration examination administered under this Act, the
118-18   department shall furnish the person with an analysis of the
118-19   person's performance on the examination.
118-20         Sec. 7F.  RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING
118-21   BY REGISTRANT.  (a)  The board may not adopt rules restricting
118-22   advertising or competitive bidding by a registrant except to
118-23   prohibit false, misleading, or deceptive practices.
118-24         (b)  In its rules to prohibit false, misleading, or deceptive
118-25   practices, the board may not include a rule that:
118-26               (1)  restricts the use of any medium for advertising;
118-27               (2)  restricts the use of a registrant's personal
 119-1   appearance or voice in an advertisement;
 119-2               (3)  relates to the size or duration of an
 119-3   advertisement by the registrant; or
 119-4               (4)  restricts the registrant's advertisement under a
 119-5   trade name.
 119-6         Sec. 7G.  CONTINUING EDUCATION.  The board shall recognize,
 119-7   prepare, or administer continuing education programs for its
 119-8   registrants.  A registrant must participate in the programs to the
 119-9   extent required by the board to keep the person's certificate of
119-10   registration.
119-11         SECTION 18.04.  Sections 11 and 12, Chapter 752, Acts of the
119-12   69th Legislature, Regular Session, 1985 (Article 4512k, Vernon's
119-13   Texas Civil Statutes), are amended to read as follows:
119-14         Sec. 11.  REGISTRATION, DENIAL, PROBATION, SUSPENSION, OR
119-15   REVOCATION.  (a)  The board [department] may refuse to issue a
119-16   registration certificate to an applicant and shall[, may] suspend,
119-17   [or] revoke, or refuse to renew a registration certificate, or
119-18   shall reprimand a registrant [may place a registered person,
119-19   including a massage school, massage therapy instructor, or massage
119-20   establishment, on probation] for any of the following causes:
119-21               (1)  obtaining a certificate by means of fraud,
119-22   misrepresentation, or concealment of material facts;
119-23               (2)  selling, bartering, or offering [offer] to sell or
119-24   barter a registration certificate;
119-25               (3)  violating any rule adopted by the board;
119-26               (4)  engaging in unprofessional conduct that has
119-27   endangered or is likely to endanger the health, welfare, or safety
 120-1   of the public as defined by the rules established by the board;
 120-2               (5)  violating a regulation adopted by a political
 120-3   subdivision under Chapter 243, Local Government Code; or
 120-4               (6)  violating any provisions of this Act.
 120-5         (b)  The board may place on probation a person, including a
 120-6   massage school, massage therapy instructor, or massage
 120-7   establishment, whose registration certificate is suspended.  If a
 120-8   registration suspension is probated, the board may require the
 120-9   person:
120-10               (1)  to report regularly to the department on matters
120-11   that are the basis of the probation;
120-12               (2)  to limit practice to the areas prescribed by the
120-13   board; or
120-14               (3)  to continue or review professional education until
120-15   the person attains a degree of skill satisfactory to the board in
120-16   those areas that are the basis of the probation.
120-17         (c)  An individual who has been convicted of, entered a plea
120-18   of nolo contendere or guilty to, or received deferred adjudication
120-19   to crimes or offenses involving prostitution or sexual offenses is
120-20   ineligible for registration as a massage therapist, massage therapy
120-21   instructor, massage school, or massage establishment. The
120-22   department shall revoke the registration of a person registered as
120-23   a massage therapist or massage therapy instructor who is convicted
120-24   of, enters a plea of nolo contendere or guilty to, or receives
120-25   deferred adjudication to a crime or offense involving prostitution
120-26   or other sexual offenses, or who the department determines has
120-27   practiced or administered massage therapy at or for a sexually
 121-1   oriented business.  The department shall revoke the registration of
 121-2   a person registered as a massage school or massage establishment if
 121-3   the department determines that the school or establishment is a
 121-4   sexually oriented business, or that a crime or offense involving
 121-5   prostitution or other sexual offenses and resulting in a
 121-6   conviction, or to which a plea of nolo contendere or guilty was
 121-7   entered or deferred adjudication was received, has occurred on the
 121-8   premises of the school or establishment.
 121-9         (d) [(c)]  A person whose application for registration is
121-10   denied, who has been reprimanded, or whose registration is
121-11   suspended or revoked is entitled to a hearing before the department
121-12   if the person submits a written request to the department.
121-13   Hearings are governed by department rules for a contested hearing
121-14   and by Chapter 2001, Government Code [the Administrative Procedure
121-15   and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
121-16   Statutes)].
121-17         (e) [(d)]  A person convicted of a violation of this Act is
121-18   ineligible for registration as a massage therapist, massage therapy
121-19   instructor, massage school, or massage establishment for a period
121-20   of five years.
121-21         Sec. 12.  RENEWAL OF REGISTRATION.  (a)  Registration under
121-22   this Act is subject to periodic renewal and expires unless the
121-23   registered person submits an application for renewal accompanied by
121-24   the renewal fee prescribed by the department or by the late fee
121-25   prescribed by this section.
121-26         (b)  The department shall adopt a system under which
121-27   registrations expire and are renewed on various dates of the year.
 122-1   Initial registration fees shall be prorated so that a registered
 122-2   person pays only for that part of the renewal period for which the
 122-3   registration is issued until the expiration date of the
 122-4   registration.
 122-5         (c)  A person who is otherwise eligible to renew a
 122-6   registration may renew an unexpired registration by paying the
 122-7   required renewal fee to the department before the expiration date
 122-8   of the registration. A person whose registration has expired may
 122-9   not engage in activities that require registration until the
122-10   registration has been renewed.
122-11         (d)  A person whose  registration has been expired for 90
122-12   days or less may renew the registration  by paying to the
122-13   department a renewal fee that is equal to 1-1/2 times the normally
122-14   required renewal fee.
122-15         (e)  A person whose  registration has been expired for more
122-16   than 90 days but less than one year may renew the registration by
122-17   paying to the department a renewal fee that is equal to two times
122-18   the normally required renewal fee.
122-19         (f)  A person whose  registration has been expired for one
122-20   year or more may not renew the registration. The person may
122-21   register by complying with the requirements and procedures,
122-22   including the examination requirements, for originally registering.
122-23         (g)  A person who was registered in this state, moved to
122-24   another state, and is currently registered or licensed and has been
122-25   in practice in the other state for the two years preceding the date
122-26   of application may register without reexamination.  The person must
122-27   pay to the department a fee that is equal to two times the normally
 123-1   required renewal fee for registration.
 123-2         (h)  Not later than the 30th day before the date a person's
 123-3   registration is scheduled to expire, the department shall send
 123-4   written notice of the impending expiration to the person at the
 123-5   person's last known address according to the records of the
 123-6   department. [A person registered under this Act who does not renew
 123-7   registration by the expiration date may renew the registration not
 123-8   later than the first anniversary of the expiration date by meeting
 123-9   the requirements set forth in this section and paying a late
123-10   penalty fee.]
123-11         [(d)  The registration of a person who fails to meet the
123-12   renewal requirements of this section is void.  Such a person must
123-13   submit a new application, pay the appropriate fees, and meet the
123-14   current requirements for registration.]
123-15    ARTICLE 19.  STANDARD SUNSET REVIEW PROVISIONS AND CERTAIN OTHER
123-16      PROVISIONS APPLICABLE TO STATE REGULATION INVOLVING EMERGENCY
123-17                            MEDICAL SERVICES
123-18         SECTION 19.01.  Subchapter A, Chapter 773, Health and Safety
123-19   Code, is amended by adding Section 773.012 to read as follows:
123-20         Sec. 773.012.  ADVISORY COUNCIL.  (a)  The governor shall
123-21   appoint an advisory council to advise the board regarding matters
123-22   related to the responsibilities of the board, commissioner, and
123-23   department under this chapter.
123-24         (b)  The advisory council is composed of the following 15
123-25   members appointed by the governor:
123-26               (1)  a board-certified emergency physician, appointed
123-27   from a list of names recommended by a statewide professional
 124-1   association of emergency physicians;
 124-2               (2)  a licensed physician who is an emergency medical
 124-3   services medical director, appointed from a list of names
 124-4   recommended by a statewide professional association of emergency
 124-5   medical services medical directors;
 124-6               (3)  a fire chief for a municipality that provides
 124-7   emergency medical services, appointed from a list of names
 124-8   recommended by a statewide fire chiefs association;
 124-9               (4)  an officer or employee of a private provider of
124-10   emergency medical services, appointed from a list of names
124-11   recommended by a statewide association of private providers of
124-12   emergency medical services;
124-13               (5)  a volunteer who provides emergency medical
124-14   services, appointed from a list of names recommended by a statewide
124-15   association of volunteers;
124-16               (6)  an educator in the field of emergency medical
124-17   services;
124-18               (7)  a member of an emergency medical services air
124-19   medical team or unit, appointed from a list of names recommended by
124-20   a statewide emergency medical services air medical association;
124-21               (8)  a representative of a fire department that
124-22   provides emergency medical services, appointed from a list of names
124-23   recommended by a statewide association of firefighters;
124-24               (9)  a representative of hospitals, appointed from a
124-25   list of names recommended by a statewide association of hospitals;
124-26               (10)  a representative of a county provider of
124-27   emergency medical services; and
 125-1               (11)  five representatives of the general public who
 125-2   are not qualified to serve under another subdivision of this
 125-3   subsection.
 125-4         (c)  A person may not be a public member of the advisory
 125-5   council  if the person or the person's spouse:
 125-6               (1)  is registered, certified, or licensed by a
 125-7   regulatory agency in the field of emergency medical services;
 125-8               (2)  is employed by or participates in the management
 125-9   of a business entity or other organization regulated by or
125-10   receiving money from the department;
125-11               (3)  owns or controls, directly or indirectly, more
125-12   than a 10 percent interest in a business entity or other
125-13   organization regulated by or receiving money from the department;
125-14   or
125-15               (4)  uses or receives a substantial amount of tangible
125-16   goods, services, or money from the department other than
125-17   reimbursement authorized by law for advisory council  membership,
125-18   attendance, or expenses.
125-19         (d)  In this subsection, "Texas trade association" means a
125-20   cooperative and voluntarily joined association of business or
125-21   professional competitors in this state designed to assist its
125-22   members and its industry or profession in dealing with mutual
125-23   business or professional problems and in promoting their common
125-24   interest.  A person may not be a member of the advisory council if:
125-25               (1)  the person is an officer, employee, or paid
125-26   consultant of a Texas trade association in the field of  emergency
125-27   medical services; or
 126-1               (2)  the person's spouse is an officer, manager, or
 126-2   paid consultant of a Texas trade association in the field of
 126-3   emergency medical services.
 126-4         (e)  A person may not be a member of the advisory council if
 126-5   the person is required to register as a lobbyist under Chapter 305,
 126-6   Government Code, because of the person's activities for
 126-7   compensation on behalf of a profession related to the operation of
 126-8   the department.
 126-9         (f)  Members of the advisory council serve staggered six-year
126-10   terms with the terms of five members expiring January 1 of each
126-11   even-numbered year. A vacancy on the advisory council is filled in
126-12   the same manner as the original appointment for the unexpired term.
126-13         (g)  The governor shall appoint the presiding officer of the
126-14   advisory council.
126-15         (h)  A member of the advisory council serves without
126-16   compensation. Chapter 2110, Government Code, does not apply to the
126-17   size, composition, or duration of the advisory council.
126-18         (i)  The advisory council shall meet at least quarterly in
126-19   the city of Austin. The advisory council shall meet as provided by
126-20   procedural rules adopted by the advisory council or at the call of
126-21   the presiding officer. The advisory council may appoint committees
126-22   it considers necessary to perform its duties.
126-23         (j)  The advisory council periodically shall review board
126-24   rules relating to this chapter and may recommend changes in those
126-25   rules to the board.  The board and the commissioner shall ensure
126-26   that the advisory council is given adequate time and opportunity to
126-27   review and comment on each rule proposed for adoption by the board
 127-1   under this chapter, including the amendment or repeal of an
 127-2   existing rule, but not including an emergency rule.
 127-3         SECTION 19.02.  Section 773.050, Health and Safety Code, is
 127-4   amended by amending Subsection (b) and adding Subsection (f) to
 127-5   read as follows:
 127-6         (b)  The board by rule shall establish minimum standards for:
 127-7               (1)  staffing an advanced life-support emergency
 127-8   medical services vehicle, a mobile intensive-care unit, or a
 127-9   specialized emergency medical services vehicle;
127-10               (2)  emergency medical services personnel certification
127-11   and performance, including provisional certification,
127-12   certification, decertification, recertification, suspension,
127-13   emergency suspension, and probation;
127-14               (3)  the approval of courses and training programs, the
127-15   certification of program instructors, examiners, and course
127-16   coordinators for emergency medical services personnel training, and
127-17   the revocation and probation of an approval or certification;
127-18               (4)  [continuing education programs and] examinations
127-19   of emergency medical services personnel;
127-20               (5)  medical supervision of basic and advanced
127-21   life-support systems;
127-22               (6)  granting, suspending, and revoking a license for
127-23   emergency medical services providers; and
127-24               (7)  emergency medical services vehicles.
127-25         (f)  The board shall recognize, prepare, or administer
127-26   continuing education programs for certified personnel. A
127-27   certificate holder must participate in the programs to the extent
 128-1   required by the board to remain certified.
 128-2         SECTION 19.03.  Subchapter C, Chapter 773, Health and Safety
 128-3   Code, is amended by adding Section 773.0505 to read as follows:
 128-4         Sec. 773.0505.  RULES REGARDING ADVERTISING OR COMPETITIVE
 128-5   BIDDING.  (a)  The board may not adopt rules restricting
 128-6   advertising or competitive bidding by a license or certificate
 128-7   holder except to prohibit false, misleading, or deceptive
 128-8   practices.
 128-9         (b)  In its rules to prohibit false, misleading, or deceptive
128-10   practices, the board may not include a rule that:
128-11               (1)  restricts the use of any medium for advertising;
128-12               (2)  restricts the use of a license or certificate
128-13   holder's personal appearance or voice in an advertisement;
128-14               (3)  relates to the size or duration of an
128-15   advertisement by the license or certificate holder; or
128-16               (4)  restricts the license or certificate holder's
128-17   advertisement under a trade name.
128-18         SECTION 19.04.  Section 773.055, Health and Safety Code, is
128-19   amended by adding Subsections (g) and (h) to read as follows:
128-20         (g)  The board by rule may adopt a system under which
128-21   certificates expire on various dates during the year.  For the year
128-22   in which the certificate expiration date is changed, the department
128-23   shall prorate certificate fees on a monthly basis so that each
128-24   certificate holder pays only that portion of the certificate fee
128-25   that is allocable to the number of months during which the
128-26   certificate is valid. On renewal of the certificate on the new
128-27   expiration date, the total certificate renewal fee is payable.
 129-1         (h)  The department shall ensure that the written
 129-2   examinations and any other tests that the department requires a
 129-3   person to take and pass to obtain or retain certification as
 129-4   emergency medical services personnel shall be administered during
 129-5   the course of a year at various locations around the state so that
 129-6   a person who resides in any part of the state will be able to take
 129-7   the examinations or tests without having to travel a distance that
 129-8   as a practical matter requires either travel by air or an overnight
 129-9   stay.
129-10         SECTION 19.05.  Section 773.059, Health and Safety Code, is
129-11   amended to read as follows:
129-12         Sec. 773.059.  LATE RECERTIFICATION.  (a)  A person who is
129-13   otherwise eligible to renew a  certificate may renew an unexpired
129-14   certificate by paying the required renewal fee to the department
129-15   before the expiration date of the certificate. A person whose
129-16   certificate has expired may not engage in activities that require
129-17   certification until the certificate has been renewed.
129-18         (b)  A person whose  certificate has been expired for 90 days
129-19   or less may renew the certificate  by paying to the department a
129-20   renewal fee that is equal to 1-1/2 times the normally required
129-21   renewal fee.
129-22         (c)  A person whose  certificate has been expired for more
129-23   than 90 days but less than one year may renew the certificate by
129-24   paying to the department a renewal fee that is equal to two times
129-25   the normally required renewal fee.
129-26         (d)  A person whose certificate has been expired for one year
129-27   or more may not renew the certificate.  The person may become
 130-1   certified by complying with the requirements and procedures,
 130-2   including the examination requirements, for an original
 130-3   certification.
 130-4         (e)  A person who was certified in this state, moved to
 130-5   another state, and is currently certified or licensed and has been
 130-6   in practice in the other state for the two years preceding the date
 130-7   of application may become certified without reexamination.  The
 130-8   person must pay to the department a fee that is equal to two times
 130-9   the normally required renewal fee for certification.
130-10         (f)  Not later than the 30th day before the date a person's
130-11   certificate is scheduled to expire, the department shall send
130-12   written notice of the impending expiration to the person at the
130-13   person's last known address according to the records of the
130-14   department. [Except as provided by Subsection (b), a person
130-15   applying for recertification whose application is received after
130-16   the expiration date of the person's certificate must pay a late fee
130-17   of $25.]
130-18         (g) [(b)]  A person certified by the department who is
130-19   deployed in support of military, security, or other action by the
130-20   United Nations Security Council, a national emergency declared by
130-21   the president of the United States, or a declaration of war by the
130-22   United States Congress is eligible for recertification under
130-23   Section 773.050 on the person's demobilization for one calendar
130-24   year after the date of demobilization.
130-25         SECTION 19.06.  Section 773.061, Health and Safety Code, is
130-26   amended to read as follows:
130-27         Sec. 773.061.  DISCIPLINARY ACTIONS.  (a)  For a violation of
 131-1   this chapter or a rule adopted under this chapter, the department
 131-2   shall revoke, suspend, or refuse to renew a license or certificate
 131-3   of or shall reprimand [department may]:
 131-4               (1)  [decertify, suspend, place on emergency
 131-5   suspension, or place on probation] emergency medical services
 131-6   personnel;
 131-7               (2)  [revoke or place on probation course or training
 131-8   program approval;]
 131-9               [(3)  revoke, suspend, or place on probation the
131-10   certificate of] a program instructor, examiner, or course
131-11   coordinator; and
131-12               (3) [(4)  revoke, suspend, or place on probation] an
131-13   emergency medical services provider license holder.
131-14         (b)  For a violation of this chapter or a rule adopted under
131-15   this chapter, the department shall revoke, suspend, or refuse to
131-16   renew approval of a course or training program.
131-17         (c)  For a violation of this chapter or a rule adopted under
131-18   this chapter, the department may place on emergency suspension
131-19   emergency medical services personnel.
131-20         (d)  The department may place on probation a course or
131-21   training program or a person, including emergency medical services
131-22   personnel, an emergency medical services provider license holder,
131-23   or a program instructor, examiner, or course coordinator, whose
131-24   certificate, license, or approval is suspended.  If a suspension is
131-25   probated, the department may require the person or the sponsor of a
131-26   course or training program, as applicable:
131-27               (1)  to report regularly to the department on matters
 132-1   that are the basis of the probation;
 132-2               (2)  to limit practice to the areas prescribed by the
 132-3   board; or
 132-4               (3)  to continue or review professional education until
 132-5   the person attains a degree of skill satisfactory to the department
 132-6   in those areas that are the basis of the probation.
 132-7         (e)  Except as provided by Section 773.062, the procedures by
 132-8   which the department takes action under this section and the
 132-9   procedures by which that action is appealed are governed by the
132-10   procedures for a contested case hearing under Chapter 2001,
132-11   Government Code.
132-12         SECTION 19.07.  The Texas Board of Health shall abolish any
132-13   advisory body created by rule to perform the functions assigned to
132-14   the advisory council created by Section 773.012, Health and Safety
132-15   Code, as added by this Act.
132-16    ARTICLE 20.  STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE
132-17            REGULATION OF CERTAIN ASBESTOS-RELATED ACTIVITIES
132-18         SECTION 20.01.  The Texas Asbestos Health Protection Act
132-19   (Article 4477-3a, Vernon's Texas Civil Statutes) is amended by
132-20   adding Section 5A to read as follows:
132-21         Sec. 5A.  PROVISIONAL LICENSE OR REGISTRATION.  (a)  The
132-22   department may provisionally license or register an applicant
132-23   currently licensed or registered in another jurisdiction who seeks
132-24   a license or registration in this state and who:
132-25               (1)  has been licensed or registered in good standing
132-26   to perform the relevant asbestos-related activity for at least two
132-27   years in another jurisdiction, including a foreign country, that
 133-1   has licensing or registration requirements substantially equivalent
 133-2   to the requirements of this Act;
 133-3               (2)  has passed a national or other examination
 133-4   recognized by the department relating to the relevant
 133-5   asbestos-related activity, if the department requires an
 133-6   examination under Subsection (h) of Section 10 of this Act to
 133-7   obtain the license or registration required to perform that
 133-8   activity; and
 133-9               (3)  is sponsored by a person licensed by the
133-10   department under this Act with whom the provisional license or
133-11   registration holder will practice during the time the person holds
133-12   a provisional license or registration.
133-13         (b)  The department may waive the requirement of Subsection
133-14   (a)(3) for an applicant if the department determines that
133-15   compliance with that subsection would be a hardship to the
133-16   applicant.
133-17         (c)  A provisional license or registration is valid until the
133-18   date the department approves or denies the provisional license or
133-19   registration holder's application for licensing or registration.
133-20   The department shall issue a license or registration under this Act
133-21   to the provisional license or registration holder if:
133-22               (1)  the provisional license or registration holder is
133-23   eligible to be licensed or registered under Subsection (j) of
133-24   Section 12 of this Act; or
133-25               (2)  the provisional license or registration holder
133-26   passes the part of the examination under Subsection (h) of Section
133-27   10 of this Act that relates to the applicant's knowledge and
 134-1   understanding of the laws and rules relating to the performance of
 134-2   the relevant asbestos-related activity in this state, if the
 134-3   department requires an examination under Subsection (h) of Section
 134-4   10 of this Act to obtain the license or registration required to
 134-5   perform that activity, and:
 134-6                     (A)  the department verifies that the provisional
 134-7   license or registration holder meets the relevant academic and
 134-8   experience requirements for the requested license or registration
 134-9   under this Act; and
134-10                     (B)  the provisional license or registration
134-11   holder  satisfies any other applicable licensing or registration
134-12   requirements under this Act.
134-13         (d)  The department must approve or deny a provisional
134-14   license or registration holder's application for a license or
134-15   registration not later than the 180th day after the date the
134-16   provisional license or registration is issued. The department may
134-17   extend the 180-day period if the results of an examination have not
134-18   been received by the department before the end of that period.
134-19         (e)  The department may establish a fee for a provisional
134-20   license or registration in an amount reasonable and necessary to
134-21   cover the cost of issuing the license or registration.
134-22         SECTION 20.02.  Section 6, Texas Asbestos Health Protection
134-23   Act (Article 4477-3a, Vernon's Texas Civil Statutes), is amended by
134-24   amending Subsections (a) and (f) and adding Subsections (g)-(k) to
134-25   read as follows:
134-26         (a)  A license issued under this Act expires on the first
134-27   anniversary of its effective date, unless the license is renewed
 135-1   for a one-year term as provided by this section.  The department by
 135-2   rule may adopt a system under which licenses expire on various
 135-3   dates during the year.  For the year in which the license
 135-4   expiration date is changed, the department shall prorate license
 135-5   fees on a monthly basis so that each license holder pays only that
 135-6   portion of the license fee that is allocable to the number of
 135-7   months during which the license is valid. On renewal of the license
 135-8   on the new expiration date, the total license renewal fee is
 135-9   payable.
135-10         (f)  A licensee may request a replacement license certificate
135-11   on completion of an appropriate application.  [The fee for
135-12   reissuance shall not exceed $50.]
135-13         (g)  A person whose license has expired may not engage in
135-14   activities that require a license until the license has been
135-15   renewed.
135-16         (h)  A person whose license has been expired for 90 days or
135-17   less may renew the license by paying to the department a renewal
135-18   fee that is equal to 1-1/2 times the normally required renewal fee.
135-19         (i)  A person whose license has been expired for more than 90
135-20   days but less than one year may renew the license by paying to the
135-21   department a renewal fee that is equal to two times the normally
135-22   required renewal fee.
135-23         (j)  A person whose license has been expired for one year or
135-24   more may not renew the license.  The person may obtain a new
135-25   license by complying with the requirements and procedures,
135-26   including the examination requirements, for obtaining an original
135-27   license.
 136-1         (k)  A person who was licensed in this state, moved to
 136-2   another state, and is currently licensed and has been in practice
 136-3   in the other state for the two years preceding the date of
 136-4   application may obtain a new license without reexamination.  The
 136-5   person must pay to the department a fee that is equal to two times
 136-6   the normally required renewal fee for the license.
 136-7         SECTION 20.03.  Section 8, Texas Asbestos Health Protection
 136-8   Act (Article 4477-3a, Vernon's Texas Civil Statutes), is amended by
 136-9   amending Subsection (a) and adding Subsection (g) to read as
136-10   follows:
136-11         (a)  After notice to the licensee and an opportunity for a
136-12   hearing, the department shall [may] reprimand the licensee or
136-13   modify, suspend, suspend on an emergency basis, or revoke a license
136-14   under this Act if an act or omission of the licensee meets the
136-15   criteria prescribed by the board under Subsection (c) of this
136-16   section.
136-17         (g)  The department may place on probation a person whose
136-18   license is suspended.  If a suspension is probated, the department
136-19   may require the person:
136-20               (1)  to report regularly to the department on matters
136-21   that are the basis of the probation;
136-22               (2)  to limit practice to the areas prescribed by the
136-23   board; or
136-24               (3)  to continue or review professional education until
136-25   the person attains a degree of skill satisfactory to the board in
136-26   those areas that are the basis of the probation.
136-27         SECTION 20.04.  Section 9, Texas Asbestos Health Protection
 137-1   Act (Article 4477-3a, Vernon's Texas Civil Statutes), is amended by
 137-2   amending Subsections (b) and (h) and adding Subsection (j) to read
 137-3   as follows:
 137-4         (b)  An application for registration or renewal as an
 137-5   asbestos worker must be made on a form provided by the department.
 137-6   An application for registration [or reregistration] must be
 137-7   accompanied by a nonrefundable fee set by the board in an amount
 137-8   not to exceed $50.
 137-9         (h)  After notice to the registrant and an opportunity for a
137-10   hearing in accordance with Section 11 of this Act, the department
137-11   shall [may] reprimand any registered worker or suspend, suspend on
137-12   an emergency basis, [or] revoke, or refuse to renew any
137-13   registration if the worker:
137-14               (1)  has fraudulently or deceptively assigned,
137-15   obtained, or attempted to assign or obtain a registration or
137-16   renewal; or
137-17               (2)  fails to comply with federal, state, or local
137-18   asbestos law or rule or with any order issued by the board or
137-19   department.
137-20         (j)  The department may place on probation a person whose
137-21   registration is suspended.  If a suspension is probated, the
137-22   department may require the person:
137-23               (1)  to report regularly to the department on matters
137-24   that are the basis of the probation;
137-25               (2)  to limit practice to the areas prescribed by the
137-26   board; or
137-27               (3)  to continue or review professional education until
 138-1   the person attains a degree of skill satisfactory to the board in
 138-2   those areas that are the basis of the probation.
 138-3         SECTION 20.05.  The Texas Asbestos Health Protection Act
 138-4   (Article 4477-3a, Vernon's Texas Civil Statutes) is amended by
 138-5   adding Section 10A to read as follows:
 138-6         Sec. 10A.  NOTIFICATION OF EXAMINATION RESULTS.  (a)  Not
 138-7   later than the 30th day after the date a person takes a licensing
 138-8   or registration examination under this Act, the department shall
 138-9   notify the person of the results of the examination.
138-10         (b)  If the examination is graded or reviewed by a  testing
138-11   service:
138-12               (1)  the department shall notify the person of the
138-13   results of the examination not later than the 14th day after the
138-14   date the department receives the results from the testing service;
138-15   and
138-16               (2)  if notice of the examination results will be
138-17   delayed for longer than 90 days after the examination date, the
138-18   department shall notify the person of the reason for the delay
138-19   before the 90th day.
138-20         (c)  The department may require a testing service to notify a
138-21   person of the results of the person's examination.
138-22         (d)  If requested in writing by a person who fails a
138-23   licensing or registration examination administered under this Act,
138-24   the department shall furnish the person with an analysis of the
138-25   person's performance on the examination.
138-26         SECTION 20.06.  The Texas Asbestos Health Protection Act
138-27   (Article 4477-3a, Vernon's Texas Civil Statutes) is amended by
 139-1   adding Section 12A to read as follows:
 139-2         Sec. 12A.  RULES REGARDING ADVERTISING OR COMPETITIVE
 139-3   BIDDING.  (a)  The board may not adopt rules restricting
 139-4   advertising or competitive bidding by a license or registration
 139-5   holder except to prohibit false, misleading, or deceptive
 139-6   practices.
 139-7         (b)  In its rules to prohibit false, misleading, or deceptive
 139-8   practices, the board may not include a rule that:
 139-9               (1)  restricts the use of any medium for advertising;
139-10               (2)  restricts the use of a license or registration
139-11   holder's personal appearance or voice in an advertisement;
139-12               (3)  relates to the size or duration of an
139-13   advertisement by the license or registration holder; or
139-14               (4)  restricts the license or registration holder's
139-15   advertisement under a trade name.
139-16    ARTICLE 21.  STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE
139-17            REGULATION OF CERTAIN LEAD-BASED PAINT ACTIVITIES
139-18         SECTION 21.01.  Chapter 332, Acts of the 74th Legislature,
139-19   Regular Session, 1995 (Article 9029, Vernon's Texas Civil
139-20   Statutes), is amended by adding Sections 3A and 3B to read as
139-21   follows:
139-22         Sec. 3A.  NOTIFICATION OF EXAMINATION RESULTS.  (a)  Not
139-23   later than the 30th day after the date a person takes any
139-24   certification or accreditation examination under this Act, the
139-25   department shall notify the person of the results of the
139-26   examination.
139-27         (b)  If an examination is graded or reviewed by a testing
 140-1   service:
 140-2               (1)  the department shall notify the person of the
 140-3   results of the examination not later than the 14th day after the
 140-4   date the department receives the results from the testing service;
 140-5   and
 140-6               (2)  if notice of the examination results will be
 140-7   delayed for longer than 90 days after the examination date, the
 140-8   department shall notify the person of the reason for the delay
 140-9   before the 90th day.
140-10         (c)  The department may require a testing service to notify a
140-11   person of the results of the person's examination.
140-12         (d)  If requested in writing by a person who fails a
140-13   certification or accreditation examination administered under this
140-14   Act, the department shall furnish the person with an analysis of
140-15   the person's performance on the examination.
140-16         Sec. 3B.  RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING.
140-17   (a)  The Texas Board of Health may not adopt rules restricting
140-18   advertising or competitive bidding by a certified or accredited
140-19   person except to prohibit false, misleading, or deceptive
140-20   practices.
140-21         (b)  In its rules to prohibit false, misleading, or deceptive
140-22   practices, the board may not include a rule that:
140-23               (1)  restricts the use of any medium for advertising;
140-24               (2)  restricts the use of a certified or accredited
140-25   person's personal appearance or voice in an advertisement;
140-26               (3)  relates to the size or duration of an
140-27   advertisement by the certified or accredited person; or
 141-1               (4)  restricts the certified or accredited person's
 141-2   advertisement under a trade name.
 141-3         SECTION 21.02.  Chapter 332, Acts of the 74th Legislature,
 141-4   Regular Session, 1995 (Article 9029, Vernon's Texas Civil
 141-5   Statutes), is amended by adding Sections 6A, 6B, and 6C to read as
 141-6   follows:
 141-7         Sec. 6A.  EXPIRATION DATES OF CERTIFICATION OR ACCREDITATION.
 141-8   The Texas Board of Health by rule may adopt a system under which
 141-9   certifications or accreditations expire on various dates during the
141-10   year.  For the year in which the expiration date is changed, the
141-11   department shall prorate certification or accreditation fees on a
141-12   monthly basis so that each certified or accredited person pays only
141-13   that portion of the certification or accreditation fee that is
141-14   allocable to the number of months during which the certification or
141-15   accreditation is valid. On renewal of the certification or
141-16   accreditation on the new expiration date, the total certification
141-17   or accreditation renewal fee is payable.
141-18         Sec. 6B.  RENEWAL OF CERTIFICATION OR ACCREDITATION.  (a)  A
141-19   person who is otherwise eligible to renew a  certification or
141-20   accreditation may renew an unexpired certification or accreditation
141-21   by paying the required renewal fee to the department before the
141-22   expiration date of the certification or accreditation. A person
141-23   whose certification or accreditation has expired may not engage in
141-24   activities that require certification or accreditation until the
141-25   certification or accreditation has been renewed.
141-26         (b)  A person whose  certification or accreditation has been
141-27   expired for 90 days or less may renew the certification or
 142-1   accreditation  by paying to the department a renewal fee that is
 142-2   equal to 1-1/2 times the normally required renewal fee.
 142-3         (c)  A person whose  certification or accreditation has been
 142-4   expired for more than 90 days but less than one year may renew the
 142-5   certification or accreditation by paying to the department a
 142-6   renewal fee that is equal to two times the normally required
 142-7   renewal fee.
 142-8         (d)  A person whose  certification or accreditation has been
 142-9   expired for one year or more may not renew the certification or
142-10   accreditation. The person may become recertified or reaccredited by
142-11   complying with the requirements and procedures, including any
142-12   examination requirements, for an original certification or
142-13   accreditation.
142-14         (e)  A person who was certified or accredited in this state,
142-15   moved to another state, and is currently certified or accredited
142-16   and has been in practice in the other state for the two years
142-17   preceding the date of application may become recertified or
142-18   reaccredited without reexamination.  The person must pay to the
142-19   department a fee that is equal to two times the normally required
142-20   renewal fee for certification or accreditation.
142-21         (f)  Not later than the 30th day before the date a person's
142-22   certification or accreditation is scheduled to expire, the
142-23   department shall send written notice of the impending expiration to
142-24   the person at the person's last known address according to the
142-25   records of the department.
142-26         Sec. 6C.  DISCIPLINARY ACTIONS.  (a)  The department shall
142-27   revoke, suspend, or refuse to renew a certification or
 143-1   accreditation or shall reprimand a certified or accredited person
 143-2   for a violation of this Act or a rule of the board.
 143-3         (b)  The board may place on probation a person whose
 143-4   certification or accreditation is suspended. If a suspension is
 143-5   probated, the board may require the person:
 143-6               (1)  to report regularly to the department on matters
 143-7   that are the basis of the probation;
 143-8               (2)  to limit practice to the areas prescribed by the
 143-9   board; or
143-10               (3)  to continue or review professional education until
143-11   the person attains a degree of skill satisfactory to the board in
143-12   those areas that are the basis of the probation.
143-13                 ARTICLE 22.  EFFECTIVE DATE; EMERGENCY
143-14         SECTION 22.01.  This Act takes effect September 1, 1999.
143-15         SECTION 22.02.  The importance of this legislation and the
143-16   crowded condition of the calendars in both houses create an
143-17   emergency and an imperative public necessity that the
143-18   constitutional rule requiring bills to be read on three several
143-19   days in each house be suspended, and this rule is hereby suspended.