1-1     By:  McCall, Gray, Bosse (Senate Sponsor - Brown)     H.B. No. 2085
 1-2           (In the Senate - Received from the House March 29, 1999;
 1-3     March 30, 1999, read first time and referred to Committee on Health
 1-4     Services; May 3, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 5, Nays 0; May 3, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 2085                By:  Moncrief
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the continuation and functions of the Texas Board of
1-11     Health and Texas Department of Health, including the operation of
1-12     certain boards and councils administratively attached to the
1-13     department; providing penalties.
1-14           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15       ARTICLE 1.  GENERAL OPERATIONS AND ADMINISTRATION OF THE TEXAS
1-16                       BOARD AND DEPARTMENT OF HEALTH
1-17           SECTION 1.01.  Section 2003.021, Government Code, is amended
1-18     by adding Subsection (e) to read as follows:
1-19           (e)  The office shall conduct all hearings in contested cases
1-20     under Chapter 2001 that are before the commissioner of public
1-21     health or the Texas Board of Health or Texas Department of Health.
1-22           SECTION 1.02.  Section 11.003, Health and Safety Code, is
1-23     amended to read as follows:
1-24           Sec. 11.003.  Sunset Provision.  The Texas Board of Health
1-25     and the Texas Department of Health are subject to Chapter 325,
1-26     Government Code (Texas Sunset Act).  Unless continued in existence
1-27     as provided by that chapter, the board and the department are
1-28     abolished and this chapter expires September 1, 2011 [1999].
1-29           SECTION 1.03.  Chapter 11, Health and Safety Code, is amended
1-30     by adding Section 11.0045 to read as follows:
1-31           Sec. 11.0045.  COMPREHENSIVE STRATEGIC AND OPERATIONAL PLAN.
1-32     (a)  The board shall develop, publish, and to the extent allowed by
1-33     law implement a comprehensive strategic and operational plan.
1-34           (b)  The board shall publish the plan not later than
1-35     September 1 of each even-numbered year.  The board shall at a
1-36     minimum:
1-37                 (1)  make the plan available on its generally
1-38     accessible Internet site;
1-39                 (2)  make printed copies of the plan available on
1-40     request to members of the public; and
1-41                 (3)  send printed copies of the plan to the governor,
1-42     the lieutenant governor, the speaker of the house of
1-43     representatives, the Legislative Budget Board, and the committees
1-44     of the senate and the house of representatives that have oversight
1-45     responsibilities regarding the board and the department.
1-46           (c)  The plan at a minimum must include:
1-47                 (1)  a statement of the aim and purpose of each of the
1-48     department's missions, including:
1-49                       (A)  the prevention of disease;
1-50                       (B)  the promotion of health;
1-51                       (C)  indigent health care;
1-52                       (D)  the protection of parents' fundamental right
1-53     to direct the health care and general upbringing of their children;
1-54                       (E)  acute care services for which the department
1-55     is responsible;
1-56                       (F)  health care facility regulation for which
1-57     the department is responsible;
1-58                       (G)  the licensing of health professions for
1-59     which the department is responsible; and
1-60                       (H)  all other health-related services for which
1-61     the department is responsible under law;
1-62                 (2)  an analysis regarding how each of the department's
1-63     missions relate to other department missions;
1-64                 (3)  a detailed analysis of how to integrate or
 2-1     continue to integrate department programs with other department
 2-2     programs, including the integration of information gathering and
 2-3     information management within and across programs, for the purpose
 2-4     of minimizing duplication of effort, increasing administrative
 2-5     efficiency, simplifying access to department programs, and more
 2-6     efficiently meeting the health needs of this state;
 2-7                 (4)  a detailed proposal to integrate or continue to
 2-8     integrate department programs with other department programs during
 2-9     the two-year period covered by the plan, to the extent allowed by
2-10     law and in accordance with the department's analysis;
2-11                 (5)  a determination regarding whether it is necessary
2-12     to collect each type of information that the department collects,
2-13     and for each type of information that it is necessary for the
2-14     department to collect, whether the department is efficiently and
2-15     effectively collecting, analyzing, and disseminating the
2-16     information and protecting the privacy of individuals;
2-17                 (6)  an assessment of services provided by the
2-18     department that evaluates the need for the department to provide
2-19     those services in the future;
2-20                 (7)  a method for soliciting the advice and opinions of
2-21     local health departments, hospital districts, and other public
2-22     health entities, of recipients and providers of services that are
2-23     related to the department's missions, and of advocates for
2-24     recipients or providers for the purpose of identifying and
2-25     assessing:
2-26                       (A)  the health-related needs of the state;
2-27                       (B)  ways in which the department's programs and
2-28     information services can be better integrated and coordinated; and
2-29                       (C)  factors that the department should consider
2-30     before adopting rules that affect recipients or providers of
2-31     services that are related to the department's missions;
2-32                 (8)  a comprehensive inventory of health-related
2-33     information resources that meet department criteria for usefulness
2-34     and applicability to local health departments, to recipients or
2-35     providers of services that are related to the department's
2-36     missions, and to nonprofit entities, private businesses, and
2-37     community groups with missions that are related to health;
2-38                 (9)  a statement regarding the ways in which the
2-39     department will coordinate or attempt to coordinate with federal,
2-40     state, local, and private programs that provide services similar to
2-41     the services provided by the department;
2-42                 (10)  a list of other plans that the department is
2-43     required to prepare under state law and a recommendation regarding
2-44     which plans are obsolete or duplicate other required department
2-45     plans; and
2-46                 (11)  an assessment of the extent to which previous
2-47     plans prepared by the department under this section have
2-48     effectively helped the department to identify and achieve its
2-49     objectives, to improve its operations, or to guide persons who need
2-50     to identify department services, identify department requirements,
2-51     or communicate effectively with department personnel.
2-52           SECTION 1.04.  Chapter 11, Health and Safety Code, is amended
2-53     by adding Section 11.0055 to read as follows:
2-54           Sec. 11.0055.  REQUIRED BOARD MEMBER TRAINING.  (a)  A person
2-55     who is appointed to and qualifies for office as a member of the
2-56     board may not vote, deliberate, or be counted as a member in
2-57     attendance at a meeting of the board until the person completes a
2-58     training program that complies with this section.
2-59           (b)  The training program must provide the person with
2-60     information regarding:
2-61                 (1)  the legislation that created the department and
2-62     the board;
2-63                 (2)  the programs operated by the department;
2-64                 (3)  the role and functions of the department;
2-65                 (4)  the rules of the department, with an emphasis on
2-66     the rules that relate to disciplinary and investigatory authority;
2-67                 (5)  the current budget for the department;
2-68                 (6)  the results of the most recent formal audit of the
2-69     department;
 3-1                 (7)  the requirements of:
 3-2                       (A)  the open meetings law, Chapter 551,
 3-3     Government Code;
 3-4                       (B)  the public information law, Chapter 552,
 3-5     Government Code;
 3-6                       (C)  the administrative procedure law, Chapter
 3-7     2001, Government Code; and
 3-8                       (D)  other laws relating to public officials,
 3-9     including conflict-of-interest laws; and
3-10                 (8)  any applicable ethics policies adopted by the
3-11     department or the Texas Ethics Commission.
3-12           (c)  A person appointed to the board is entitled to
3-13     reimbursement, as provided by the General Appropriations Act, for
3-14     the travel expenses incurred in attending the training program
3-15     regardless of whether the attendance at the program occurs before
3-16     or after the person qualifies for office.
3-17           SECTION 1.05.  Section 11.006(a), Health and Safety Code, is
3-18     amended to read as follows:
3-19           (a)  A person is not eligible for appointment as a public
3-20     member of the board if the person or the person's spouse:
3-21                 (1)  is employed by or participates in the management
3-22     of a business entity or other organization regulated by the
3-23     department or receiving funds from the department;
3-24                 (2)  is registered, certified, or licensed by the
3-25     department or by a regulatory board or other agency that is under
3-26     the jurisdiction of the department or administratively attached to
3-27     the department;
3-28                 (3)  owns, controls, or has, directly or indirectly,
3-29     more than a 10 percent interest in a business entity or other
3-30     organization regulated by the department or receiving funds from
3-31     the department; or
3-32                 (4) [(3)]  uses or receives a substantial amount of
3-33     tangible goods, services, or funds from the department other than
3-34     compensation or reimbursement authorized by law for board
3-35     membership, attendance, or expenses.
3-36           SECTION 1.06.  Section 11.009(c), Health and Safety Code, is
3-37     amended to read as follows:
3-38           (c)  If the commissioner has knowledge that a potential
3-39     ground for removal exists, the commissioner shall notify the
3-40     chairman of the board of the ground.  The chairman shall then
3-41     notify the governor and the attorney general that a potential
3-42     ground for removal exists.  If the potential ground for removal
3-43     involves the chairman, the commissioner shall notify the next
3-44     highest ranking officer of the board, who shall then notify the
3-45     governor and the attorney general that a potential ground for
3-46     removal exists.
3-47           SECTION 1.07.  Section 11.018(d), Health and Safety Code, is
3-48     amended to read as follows:
3-49           (d)  The department shall keep an information file about each
3-50     complaint filed with the department relating to[:]
3-51                 [(1)]  a license holder or entity regulated by the
3-52     department[;] or
3-53                 [(2)]  a service delivered by the department.  The file
3-54     must include:
3-55                 (1)  the name of the person who filed the complaint;
3-56                 (2)  the date the complaint is received by the
3-57     department;
3-58                 (3)  the subject matter of the complaint;
3-59                 (4)  the name of each person contacted in relation to
3-60     the complaint;
3-61                 (5)  a summary of the results of the review or
3-62     investigation of the complaint; and
3-63                 (6)  an explanation of the reason the file was closed,
3-64     if the department closed the file without taking action other than
3-65     to investigate the complaint.
3-66           SECTION 1.08.  Subchapter A, Chapter 12, Health and Safety
3-67     Code, is amended by adding Sections 12.004 and 12.005 to read as
3-68     follows:
3-69           Sec. 12.004.  DEVELOPMENT OF PROPOSED RULES.  (a)  This
 4-1     section applies to the process by which the department develops
 4-2     proposed rules for the board's consideration before the proposed
 4-3     rules are published in the Texas Register and before the board,
 4-4     commissioner, or department complies with the rulemaking
 4-5     requirements of the administrative procedure law, Chapter 2001,
 4-6     Government Code.  This section does not affect the duty of the
 4-7     board, commissioner, or department to comply with the rulemaking
 4-8     requirements of that law.
 4-9           (b)  The board shall require the department to establish a
4-10     checklist of methods that, to the extent appropriate, the
4-11     department will follow to obtain early in the rule development
4-12     process the advice and opinions of the public and of persons who
4-13     will be most affected by a proposed rule.  The checklist must
4-14     include methods for identifying persons who will be most affected
4-15     and for soliciting at a minimum the advice and opinions of affected
4-16     local health departments, of recipients and providers of affected
4-17     services, and of advocates for affected recipients or providers.
4-18           (c)  The checklist may include negotiated rulemaking,
4-19     informal conferences, advisory committees, and any other
4-20     appropriate method.
4-21           (d)  A rule adopted by the board may not be challenged on the
4-22     grounds that the board, commissioner, or department did not comply
4-23     with this section. If the department was unable to solicit a
4-24     significant amount of advice and opinion from the public or from
4-25     affected persons early in the rule development process, the
4-26     department shall state in writing to the board the reasons why the
4-27     department was unable to do so.
4-28           Sec. 12.005.  MEDICAL DIRECTOR:  MEDICAID MANAGED CARE AND
4-29     CHIPS PROGRAMS.  (a)  In addition to any other medical director
4-30     employed by the department, the board shall require the department
4-31     to employ a separate medical director whose duties consist of
4-32     acting as the medical director for the children's health insurance
4-33     program created under Title XXI of the Social Security Act (42
4-34     U.S.C. Section 1397aa et seq.) and also as the medical director for
4-35     the Medicaid managed care program, to the extent that those
4-36     programs are administered by the department.
4-37           (b)  The medical director shall be primarily responsible for
4-38     implementing and maintaining policies and systems for the programs
4-39     that relate to clinical and professional medical issues, including
4-40     clinical oversight.
4-41           (c)  The medical director must be a physician licensed to
4-42     practice medicine in this state.
4-43           SECTION 1.09.  Subchapter B, Chapter 12, Health and Safety
4-44     Code, is amended by adding Section 12.0115 to read as follows:
4-45           Sec. 12.0115.  INTEGRATION OF HEALTH CARE DELIVERY PROGRAMS.
4-46     (a)  In this section, "health care delivery programs" includes the
4-47     department's primary health care services program, its program to
4-48     improve maternal and infant health, its services for chronically
4-49     ill and disabled children, any aspects of health care delivery
4-50     under the state Medicaid program assigned to the department by law
4-51     or by the Health and Human Services Commission, and the part of any
4-52     other department program concerned with the department's
4-53     responsibility for the delivery of health care services.
4-54           (b)  The department shall integrate the functions of its
4-55     different health care delivery programs to the maximum extent
4-56     possible, including integrating the functions of health care
4-57     delivery programs that are part of the state Medicaid program with
4-58     functions of health care delivery programs that are not part of the
4-59     state Medicaid program.
4-60           (c)  At a minimum, the department's integration of the
4-61     functions of its different health care delivery programs must
4-62     include the integration within and across the programs of:
4-63                 (1)  the development of health care policy;
4-64                 (2)  the delivery of health care services, to the
4-65     extent  appropriate for the recipients of the health care services;
4-66     and
4-67                 (3)  to the extent possible, the administration of
4-68     contracts with providers of health care services, particularly
4-69     providers who concurrently provide health care services under more
 5-1     than one contract or program with the department.
 5-2           (d)  One of the primary goals of the department in
 5-3     integrating the delivery of health care services for the benefit of
 5-4     recipients shall be providing for continuity of care for
 5-5     individuals and families, accomplished to the extent possible by
 5-6     providing an individual or family with a medical home that serves
 5-7     as the primary initial health care provider.
 5-8           (e)  One of the primary goals of the department in
 5-9     integrating the administration of its contracts with providers of
5-10     health care services shall be designing an integrated contract
5-11     administration system that reduces the administrative and paperwork
5-12     burden on providers while still providing the department with the
5-13     information it needs to effectively administer the contracts.  The
5-14     department's integration of contract administration must include:
5-15                 (1)  the integration of the initial procurement process
5-16     within and across programs, at least in part by efficiently
5-17     combining requests for bids or proposals within or across programs
5-18     to the extent it reduces the administrative burden for providers;
5-19                 (2)  the establishment of uniform contract terms,
5-20     including:
5-21                       (A)  contract terms that require information from
5-22     providers, or that prescribe performance standards for providers,
5-23     that could be made uniform within or across programs while
5-24     remaining effective as contract terms;
5-25                       (B)  the establishment of a procedure under which
5-26     a contractor or a person responding to a request for bids or
5-27     proposals may supply the department with requested information
5-28     whenever possible by referencing current and correct information
5-29     previously supplied to and on file with the department; and
5-30                       (C)  contract terms regarding incentives for
5-31     contractors to meet or exceed contract requirements;
5-32                 (3)  the integration of contract monitoring,
5-33     particularly with regard to monitoring providers that deliver
5-34     health services for the department under more than one contract or
5-35     under more than one department program; and
5-36                 (4)  the integration of reimbursement methods:
5-37                       (A)  particularly for a provider that delivers
5-38     health services for the department under more than one contract or
5-39     under more than one department program; and
5-40                       (B)  including the application across programs of
5-41     the most effective and efficient reimbursement technologies or
5-42     methods that are available to the department under any of its
5-43     programs.
5-44           (f)  The department shall examine the extent to which the
5-45     department could integrate all or part of its health care delivery
5-46     programs into a single delivery system.
5-47           (g)  If a federal requirement that the federal government may
5-48     waive restricts the department's integration efforts under this
5-49     section, the department may seek a waiver of the requirement from
5-50     the federal government. If the waiver affects a program for which
5-51     another state agency is designated the single state agency for
5-52     federal purposes, the department shall request the single state
5-53     agency to seek the waiver.
5-54           (h)  The department may not integrate health care delivery
5-55     programs under this section in a way that affects the single state
5-56     agency status of another state agency for federal purposes without
5-57     obtaining the approval of the Health and Human Services Commission
5-58     and any necessary federal approval.
5-59           SECTION 1.10.  Subchapter B, Chapter 12, Health and Safety
5-60     Code, is amended by adding Sections 12.0123 and 12.0124 to read as
5-61     follows:
5-62           Sec. 12.0123.  EXTERNAL AUDITS OF CERTAIN MEDICAID
5-63     CONTRACTORS BASED ON RISK.  (a)  In this section, "Medicaid
5-64     contractor" means an entity that:
5-65                 (1)  is not a health and human services agency as
5-66     defined by Section 531.001, Government Code; and
5-67                 (2)  under a contract with or otherwise on behalf of
5-68     the department, performs one or more administrative services in
5-69     relation to the department's operation of a part of the state
 6-1     Medicaid program, such as claims processing, utilization review,
 6-2     client enrollment, provider enrollment, quality monitoring, or
 6-3     payment of claims.
 6-4           (b)  The department shall contract with an independent
 6-5     auditor to perform independent external financial and performance
 6-6     audits of any Medicaid contractor used by the department in the
 6-7     department's operation of a part of the state Medicaid program. The
 6-8     department regularly shall review its Medicaid contracts and ensure
 6-9     that:
6-10                 (1)  the frequency and extent of audits of a Medicaid
6-11     contractor under this section are based on the amount of risk to
6-12     the state involved in the administrative services being performed
6-13     by the contractor;
6-14                 (2)  audit procedures related to financial audits and
6-15     performance audits are used consistently in audits under this
6-16     section; and
6-17                 (3)  to the extent possible, audits under this section
6-18     are completed in a timely manner.
6-19           (c)  If another state agency succeeds to the department's
6-20     operation of a part of the state Medicaid program for which the
6-21     department used a Medicaid contractor, the successor agency shall
6-22     comply with this section with regard to the Medicaid contractor,
6-23     including the requirement to contract with an independent auditor
6-24     to perform the external financial and performance audits required
6-25     by this section.
6-26           Sec. 12.0124.  ELECTRONIC TRANSACTIONS; STATE MEDICAID
6-27     PROGRAM.  The department or the department's successor in function
6-28     in relation to  the department's operation of a part of the state
6-29     Medicaid program shall implement policies that encourage the use of
6-30     electronic transactions.  The policies shall require payment to
6-31     Medicaid service providers by electronic funds transfer, including
6-32     electronic remittance and status reports.  The policies shall also
6-33     include the establishment of incentives to submit claims
6-34     electronically and of disincentives to submit claims on paper that
6-35     are reasonably based on the higher administrative costs to process
6-36     claims submitted on paper.
6-37           SECTION 1.11.  Subchapter B, Chapter 12, Health and Safety
6-38     Code, is amended by adding Sections 12.0145 and 12.0146 to read as
6-39     follows:
6-40           Sec. 12.0145.  INFORMATION ABOUT ENFORCEMENT ACTIONS.  (a)
6-41     The department shall publish and provide information in accordance
6-42     with this section  regarding each final enforcement action taken by
6-43     the department, commissioner, or board against a person or facility
6-44     regulated by the department in which any kind of sanction is
6-45     imposed, including:
6-46                 (1)  the imposition of a reprimand, a period of
6-47     probation, a monetary penalty, or a condition on a person's
6-48     continued practice or a facility's continued operation; and
6-49                 (2)  the refusal to renew or the suspension, probation,
6-50     or revocation of a license or other form of permission to engage in
6-51     an activity.
6-52           (b)  Except to the extent that the information is
6-53     specifically made confidential under other law, the department
6-54     shall publish and provide the name, including any trade name, of
6-55     the person or facility against which an enforcement action was
6-56     taken, the violation that the person or facility was found to have
6-57     committed, and the sanction imposed.  The department shall publish
6-58     and provide the information in a way that does not serve to
6-59     identify a complainant.
6-60           (c)  The department shall publish the information on its
6-61     generally accessible Internet site. The department also shall
6-62     provide the information by establishing a system under which
6-63     members of the public can call toll-free numbers to obtain the
6-64     information efficiently and with a minimum of delay.  The
6-65     department shall appropriately publicize the toll-free numbers.
6-66           (d)  The department shall publish and provide the information
6-67     promptly after the sanction has been imposed or, when applicable,
6-68     promptly after the period during which the sanction is imposed has
6-69     begun.  The department by rule shall establish the length of time
 7-1     during which the required information will be published and
 7-2     provided under this section based on the department's determination
 7-3     regarding the types of services provided by regulated entities and
 7-4     the length of time for which information about a category of
 7-5     enforcement actions is useful to a member of the public.
 7-6           (e)  The department shall publish and provide the information
 7-7     using clear language that can be readily understood by a person
 7-8     with a high school education.
 7-9           (f)  If another law specifically requires that particular
7-10     information subject to this section shall be published in another
7-11     manner, the department shall comply with this section and with the
7-12     other law.
7-13           (g)  A determination that the department is not required to
7-14     publish and provide information under this section does not affect
7-15     a determination regarding whether the information is subject to
7-16     required disclosure under the open records law, Chapter 552,
7-17     Government Code.  The department's determination regarding the
7-18     length of the period during which information should continue to be
7-19     published and provided under this section does not affect a
7-20     determination regarding the period for which the information must
7-21     be preserved under Chapter 441, Government Code, or under another
7-22     law.
7-23           Sec. 12.0146.  TRENDS IN ENFORCEMENT.  The department shall
7-24     publish annually an analysis of its enforcement actions taken under
7-25     state law with regard to each profession, industry, or type of
7-26     facility regulated by the department. The analysis for each
7-27     regulatory area must show at a minimum the year-to-year trends in
7-28     the number and types of enforcement actions taken by the department
7-29     in its regulation of the profession, industry, or type of facility.
7-30           SECTION 1.12.  Section 466.001(a), Health and Safety Code, is
7-31     amended to read as follows:
7-32           (a)  It is the intent of the legislature that the department
7-33     [and the commission] exercise its [their respective] administrative
7-34     powers and regulatory authority to ensure the proper use of
7-35     approved narcotic drugs in the treatment of narcotic dependent
7-36     persons.
7-37           SECTION 1.13.  Section 466.002, Health and Safety Code, is
7-38     amended to read as follows:
7-39           Sec. 466.002.  DEFINITIONS.  In this chapter:
7-40                 (1)  "Approved narcotic drug" means a drug approved by
7-41     the United States Food and Drug Administration for maintenance or
7-42     detoxification of a person physiologically addicted to the opiate
7-43     class of drugs.
7-44                 (2)  "Authorized agent" means an employee of the
7-45     department who is designated by the commissioner to enforce this
7-46     chapter.
7-47                 (3)  "Board" means the Texas Board of Health.
7-48                 (4)  ["Commission" means the Texas Commission on
7-49     Alcohol and Drug Abuse.]
7-50                 [(5)]  "Commissioner" means the commissioner of public
7-51     health.
7-52                 (5) [(6)]  "Department" means the Texas Department of
7-53     Health.
7-54                 (6) [(7)]  "Facility" includes a medical office, an
7-55     outpatient clinic, a general or special hospital, a community
7-56     mental health center, and any other location in which a structured
7-57     narcotic dependency program is conducted.
7-58                 (7) [(8)]  "Narcotic drug" has the meaning assigned by
7-59     Chapter 481 (Texas Controlled Substances Act).
7-60           SECTION 1.14.  Section 466.004(a), Health and Safety Code, is
7-61     amended to read as follows:
7-62           (a)  The board shall adopt and the department shall
7-63     administer and enforce rules to ensure the proper use of approved
7-64     narcotic drugs in the treatment of narcotic drug-dependent persons,
7-65     including rules that:
7-66                 (1)  require an applicant or a permit holder to make
7-67     annual, periodic, and special reports that the department
7-68     determines are necessary;
7-69                 (2)  require an applicant or permit holder to keep
 8-1     records that the department determines are necessary;
 8-2                 (3)  provide for investigations that the department
 8-3     determines are necessary; and
 8-4                 (4)  provide for the coordination of the approval of
 8-5     narcotic drug treatment programs by the United States Food and Drug
 8-6     Administration and the United States Drug Enforcement
 8-7     Administration[; and]
 8-8                 [(5)  provide for cooperation with the commission in
 8-9     the licensing of narcotic drug treatment programs as required by
8-10     Subchapter A, Chapter 464].
8-11           SECTION 1.15.  Section 466.022, Health and Safety Code, is
8-12     amended to read as follows:
8-13           Sec. 466.022.  LIMITATION ON PRESCRIPTION, ORDER, OR
8-14     ADMINISTRATION OF NARCOTIC DRUG.  A physician may not prescribe,
8-15     order, or administer a narcotic drug for the purpose of treating
8-16     drug dependency unless the physician prescribes, orders, or
8-17     administers an approved narcotic drug for the maintenance or
8-18     detoxification of drug-dependent persons as part of a program
8-19     permitted by the department [and the commission].
8-20           SECTION 1.16.  Section 32.028, Human Resources Code, is
8-21     amended by adding Subsections (e) and (f) to read as follows:
8-22           (e)  The department in its adoption of reasonable rules and
8-23     standards governing the determination of rates paid for services
8-24     provided by a federally qualified health center, as defined by 42
8-25     U.S.C. Section 1396d(l)(2)(B), shall assure that a center is
8-26     reimbursed for 100 percent of reasonable costs incurred by the
8-27     center in rendering services to Medicaid recipients.
8-28           (f)  To the extent allowed by federal law, the department in
8-29     its adoption of reasonable rules and standards governing the
8-30     determination of rates paid for services provided by a rural health
8-31     clinic, as defined by 42 U.S.C. Section 1396d(l)(1), shall assure
8-32     that a clinic is reimbursed for 100 percent of reasonable costs
8-33     incurred by the clinic in rendering services to Medicaid
8-34     recipients.
8-35           SECTION 1.17.  Section 11.016(c), Health and Safety Code, is
8-36     repealed.
8-37           SECTION 1.18.  Section 466.005, Health and Safety Code, is
8-38     repealed.
8-39           SECTION 1.19.  Section 503.008, Health and Safety Code, is
8-40     repealed.
8-41           SECTION 1.20.  The Texas Department of Health shall publish
8-42     the first comprehensive strategic and operational plan required
8-43     under Section 11.0045, Health and Safety Code, as added by this
8-44     Act, not later than September 1, 2000.
8-45           SECTION 1.21.  The Texas Department of Health shall
8-46     comprehensively study the impact that the state's Medicaid managed
8-47     care program has had on each of the populations served by the
8-48     department and on all health care providers, clinics, and
8-49     hospitals.  The department shall report its findings to the
8-50     presiding officer of each house of the legislature and of each
8-51     legislative committee that has oversight responsibility for the
8-52     department not later than November 1, 2000.
8-53           SECTION 1.22.  (a)  As soon as possible after the effective
8-54     date of this Act and to the extent allowed under federal law, the
8-55     Texas Department of Health shall implement a pilot project that, on
8-56     a scale appropriate for a pilot project, integrates all appropriate
8-57     functions of the department's health care delivery programs in
8-58     accordance with Section 12.0115, Health and Safety Code, as added
8-59     by this Act, including integrating the functions of health care
8-60     delivery programs that are part of the state Medicaid program with
8-61     functions of health care delivery programs that are not part of the
8-62     state Medicaid program.
8-63           (b)  The pilot project must be initiated not later than
8-64     September 1, 2000. The pilot project terminates September 1, 2001,
8-65     but the department may continue successful elements of the project
8-66     after that date as part of the department's general duty to
8-67     integrate its health care delivery programs under Section 12.0115,
8-68     Health and Safety Code, as added by this Act.
8-69           (c)  The department shall make an interim report regarding
 9-1     its problems and progress in implementing the pilot project not
 9-2     later than September 1, 2000, as part of the initial comprehensive
 9-3     strategic and operational plan required under Section 11.0045,
 9-4     Health and Safety Code, as added by this Act. The department shall
 9-5     fully evaluate the successes and problems of the completed pilot
 9-6     project as part of the comprehensive strategic and operational plan
 9-7     that the department is required to publish not later than September
 9-8     1, 2002.
 9-9           (d)  In addition to reporting on the problems and successes
9-10     of the pilot project, the department shall evaluate generally the
9-11     duties imposed on the department under Section 12.0115, Health and
9-12     Safety Code, as added by this Act. The department shall report not
9-13     later than September 1, 2002, as part of the second comprehensive
9-14     strategic and operational plan, on the benefits and problems that
9-15     the department foresees in fully implementing Section 12.0115. The
9-16     second comprehensive report shall:
9-17                 (1)  state the ways in which the department intends to
9-18     integrate its programs;
9-19                 (2)  demonstrate why it is expected that the
9-20     department's approach will best promote the goals of program
9-21     integration, with regard to expected benefits to recipients and
9-22     providers of health services and with regard to administrative
9-23     savings expected to be realized by government and by providers of
9-24     health services;
9-25                 (3)  address the extent to which the department has
9-26     implemented or plans to implement a uniform contracting process
9-27     that incorporates processes and principles identified by the
9-28     department's contract leverage team in its July 1996 Contracting
9-29     Guide for Client Services, and state the expected savings and
9-30     efficiencies that have resulted or should result from
9-31     implementation;
9-32                 (4)  state the ways in which the department's plan to
9-33     integrate the functions of its health care delivery programs
9-34     includes a plan to coordinate contract performance monitoring,
9-35     combine claims processing, and improve the process by which
9-36     providers are reimbursed; and
9-37                 (5)  recommend any changes to state law that are needed
9-38     to remove impediments to an integrated health care delivery system.
9-39           SECTION 1.23.  (a)  The Texas Department of Health, with the
9-40     assistance of the state auditor, shall conduct a comprehensive
9-41     evaluation of the department's regulatory functions.  The
9-42     evaluation must include an examination and analysis of the
9-43     effectiveness of the department's:
9-44                 (1)  rules that affect or support its regulatory
9-45     practices;
9-46                 (2)  inspection efforts, including its scheduling of
9-47     inspections and consistency between inspections;
9-48                 (3)  investigative practices, including investigations
9-49     conducted in response to a complaint;
9-50                 (4)  use of sanctions;
9-51                 (5)  enforcement actions in relation to the time it
9-52     takes to initiate and complete an enforcement action and in
9-53     relation to the role of the department's office of general counsel;
9-54                 (6)  efforts to ensure compliance with applicable laws
9-55     and rules; and
9-56                 (7)  efforts to ensure the consistency and
9-57     appropriateness of the training of inspectors, including ensuring
9-58     that:
9-59                       (A)  inspectors are familiar with the type of
9-60     facility and with the type of care provided at a facility that they
9-61     inspect; and
9-62                       (B)  the skills and knowledge of inspectors
9-63     remain current through continuing education and review.
9-64           (b)  The department shall report the results of the
9-65     evaluation, including the identification of any problem areas and
9-66     any recommended solutions to the problems that require management
9-67     actions or statutory changes, to the legislature and to the Texas
9-68     Board of Health not later than November 1, 2000.
9-69           SECTION 1.24.  (a)  The change in law made by this Act to
 10-1    Section 2003.021, Government Code, transferring the responsibility
 10-2    to conduct hearings in matters that are contested cases under
 10-3    Chapter 2001, Government Code, from the commissioner of public
 10-4    health and the Texas Board of Health or Texas Department of Health
 10-5    to the State Office of Administrative Hearings, applies only to a
 10-6    contested case in which notice of the hearing is given under
 10-7    Sections 2001.051 and 2001.052, Government Code, on or after the
 10-8    effective date of this Act. The commissioner of public health or
 10-9    the Texas Board of Health or Texas Department of Health, as
10-10    appropriate, shall conduct the hearing in a contested case for
10-11    which the notice of hearing is given before the effective date of
10-12    this Act.
10-13          (b)  This Act does not transfer from the commissioner of
10-14    public health or the Texas Board of Health or Texas Department of
10-15    Health, as appropriate, the responsibility to conduct a fair
10-16    hearing that is required under federal law unless the fair hearing
10-17    is considered to be a contested case under Chapter 2001, Government
10-18    Code.
10-19          (c)  This Act does not require the commissioner of public
10-20    health or the Texas Board of Health or Texas Department of Health
10-21    to transfer personnel to the State Office of Administrative
10-22    Hearings.
10-23          SECTION 1.25.  The changes in law made by this Act in the
10-24    prohibitions applying to members of the Texas Board of Health do
10-25    not affect the entitlement of a member serving on the board
10-26    immediately before September 1, 1999, to continue to serve and
10-27    function as a member of the board for the remainder of the member's
10-28    term.  The changes in law apply only to a member appointed on or
10-29    after September 1, 1999.
10-30         ARTICLE 2.  LICENSURE OF HOSPITAL OUTPATIENT FACILITIES;
10-31                         FEES CHARGED TO HOSPITALS
10-32          SECTION 2.01.  Section 241.023, Health and Safety Code, is
10-33    amended to read as follows:
10-34          Sec. 241.023.  ISSUANCE OF LICENSE.  (a)  On receiving a
10-35    license application and the license fee, the department shall issue
10-36    a license if it finds that the applicant and the hospital comply
10-37    with this chapter and the rules or standards adopted under this
10-38    chapter.
10-39          (b)  A license may be renewed annually after payment of the
10-40    required fee.
10-41          (c)  The department may issue a license only for the premises
10-42    and person or governmental unit named in the application.
10-43          (d)  Subject to Subsection (e), a license issued under this
10-44    section for a hospital includes each outpatient facility that is
10-45    not separately licensed, that is located apart from the hospital,
10-46    and for which the hospital has submitted to the department:
10-47                (1)  a copy of a fire safety survey that is dated not
10-48    earlier than one year before the submission date indicating
10-49    approval by:
10-50                      (A)  the local fire authority in whose
10-51    jurisdiction the outpatient facility is located; or
10-52                      (B)  the nearest fire authority, if the
10-53    outpatient facility is located outside of the jurisdiction of a
10-54    local fire authority; and
10-55                (2)  if the hospital is accredited by the Joint
10-56    Commission on Accreditation of Healthcare Organizations or the
10-57    American Osteopathic Association, a copy of documentation from the
10-58    accrediting body showing that the outpatient facility is included
10-59    within the hospital's accreditation.
10-60          (e)  Subsection (d) applies only if the federal Department of
10-61    Health and Human Services, Health Care Financing Administration, or
10-62    Office of Inspector General adopts final or interim final rules
10-63    requiring state licensure of outpatient facilities as a condition
10-64    of the determination of provider-based status for Medicare
10-65    reimbursement purposes.
10-66          (f)  A license may not be transferred or assigned without the
10-67    written approval of the department.
10-68          (g) [(e)]  A license shall be posted in a conspicuous place
10-69    on the licensed premises.
 11-1          SECTION 2.02.  Section 241.025, Health and Safety Code, is
 11-2    amended to read as follows:
 11-3          Sec. 241.025.  LICENSE FEES.  (a)  The department shall
 11-4    charge each hospital an annual license fee for an initial license
 11-5    or a license renewal.
 11-6          (b)  The board by rule shall adopt the fees authorized by
 11-7    Subsection (a) according to a schedule under [in] which the number
 11-8    of beds in the hospital determines the amount of the fee.  The fee
 11-9    may not exceed $15 [$10] a bed.  A minimum license fee may be
11-10    established.  The minimum fee may not exceed $1,000[, and the total
11-11    fee may not be less than $200 or more than $10,000].
11-12          (c)  A fee adopted under this chapter must be based on the
11-13    estimated cost to and level of effort expended by the department to
11-14    conduct the activity for which the fee is imposed.  [The board by
11-15    rule shall adopt a temporary initial license fee in an amount
11-16    sufficient to cover the reasonable expense to the department of
11-17    issuing the license.]
11-18          (d)  All license fees collected shall be deposited in the
11-19    state treasury to the credit of the department to administer and
11-20    enforce this chapter.  These fees are hereby appropriated to the
11-21    department.
11-22          SECTION 2.03.  Section 241.104, Health and Safety Code, is
11-23    amended to read as follows:
11-24          Sec. 241.104.  HOSPITAL PLAN REVIEWS.  (a)  The board by rule
11-25    shall adopt fees for hospital plan reviews according to a schedule
11-26    based on the estimated construction costs.  [If an estimated
11-27    construction cost cannot be established, the estimated cost is $105
11-28    per square foot.]
11-29          (b)  The fee schedule may not exceed the following:
11-30                     Cost of Construction            Fee
11-31         (1)          $   100,000 [600,000] or less  $  500
11-32         (2)          $   100,001 - $   600,000      $1,500
11-33         (3)          $   600,001 - $ 2,000,000      $3,000 [1,000]
11-34         (4) [(3)]    $ 2,000,001 - $ 5,000,000      $4,500 [1,500]
11-35         (5) [(4)]    $ 5,000,001 - $10,000,000      $6,000 [2,000]
11-36         (6) [(5)]    $10,000,001 and over           $7,500 [3,000]
11-37          (c)  The department shall charge a fee for field surveys of
11-38    construction plans reviewed under this section.  The board by rule
11-39    shall adopt a fee schedule for the surveys that provides a minimum
11-40    fee of $500 [$100] and a maximum fee of $1,000 [$400] for each
11-41    survey conducted.
11-42          SECTION 2.04.  Section 241.0231, Health and Safety Code, is
11-43    repealed.
11-44          ARTICLE 3.  AMBULATORY SURGICAL CENTERS; ADMINISTRATIVE
11-45                                 PENALTIES
11-46          SECTION 3.01.  Chapter 243, Health and Safety Code, is
11-47    amended by adding Sections 243.015 and 243.016 to read as follows:
11-48          Sec. 243.015.  IMPOSITION OF ADMINISTRATIVE PENALTY.  (a)
11-49    The department may impose an administrative  penalty on a person
11-50    licensed under this chapter who violates this chapter or a rule or
11-51    order adopted under this chapter.  A penalty collected under this
11-52    section or Section 243.016 shall be deposited in the state treasury
11-53    in the general revenue fund.
11-54          (b)  A proceeding to impose the penalty is considered to be a
11-55    contested case under Chapter 2001, Government Code.
11-56          (c)  The amount of the penalty may not exceed $1,000 for each
11-57    violation, and each day a violation continues or occurs is a
11-58    separate violation for purposes of imposing a penalty.  The total
11-59    amount of the penalty assessed for a violation continuing or
11-60    occurring on separate days under this subsection may not exceed
11-61    $5,000.
11-62          (d)  The amount shall be based on:
11-63                (1)  the seriousness of the violation, including the
11-64    nature, circumstances, extent, and gravity of the violation;
11-65                (2)  the threat to health or safety caused by the
11-66    violation;
11-67                (3)  the history of previous violations;
11-68                (4)  the amount necessary to deter a future violation;
11-69                (5)  whether the violator demonstrated good faith,
 12-1    including when applicable whether the violator made good faith
 12-2    efforts to correct the violation; and
 12-3                (6)  any other matter that justice may require.
 12-4          (e)  If the department initially determines that a violation
 12-5    occurred, the department shall give written notice of the report by
 12-6    certified mail to the person.
 12-7          (f)  The notice under Subsection (e) must:
 12-8                (1)  include a brief summary of the alleged violation;
 12-9                (2)  state the amount of the recommended penalty; and
12-10                (3)  inform the person of the person's right to a
12-11    hearing on the occurrence of the violation, the amount of the
12-12    penalty, or both.
12-13          (g)  Within 20 days after the date the person receives the
12-14    notice under Subsection (e), the person in writing may:
12-15                (1)  accept the determination and recommended penalty
12-16    of the department; or
12-17                (2)  make a request for a hearing on the occurrence of
12-18    the violation, the amount of the penalty, or both.
12-19          (h)  If the person accepts the determination and recommended
12-20    penalty or if the person fails to respond to the notice, the
12-21    commissioner of public health by order shall approve the
12-22    determination and impose the recommended penalty.
12-23          (i)  If the person requests a hearing, the commissioner of
12-24    public health shall refer the matter to the State Office of
12-25    Administrative Hearings, which shall promptly set a hearing date
12-26    and give written notice of the time and place of the hearing to the
12-27    person.  An administrative law judge of the State Office of
12-28    Administrative Hearings shall conduct the hearing.
12-29          (j)  The administrative law judge shall make findings of fact
12-30    and conclusions of law and promptly issue to the commissioner of
12-31    public health a proposal for a decision about the occurrence of the
12-32    violation and the amount of a proposed penalty.
12-33          (k)  Based on the findings of fact, conclusions of law, and
12-34    proposal for a decision, the commissioner of public health by order
12-35    may:
12-36                (1)  find that a violation occurred and impose a
12-37    penalty; or
12-38                (2)  find that a violation did not occur.
12-39          (l)  The notice of the commissioner's order under Subsection
12-40    (k) that is sent to the person in accordance with Chapter 2001,
12-41    Government Code, must include a statement of the right of the
12-42    person to judicial review of the order.
12-43          Sec. 243.016.  PAYMENT AND COLLECTION OF ADMINISTRATIVE
12-44    PENALTY; JUDICIAL REVIEW.  (a)  Within 30 days after the date an
12-45    order of the commissioner of public health under Section 243.015(k)
12-46    that imposes an administrative penalty becomes final, the person
12-47    shall:
12-48                (1)  pay the penalty; or
12-49                (2)  file a petition for judicial review of the
12-50    commissioner's order contesting the occurrence of the violation,
12-51    the amount of the penalty, or both.
12-52          (b)  Within the 30-day period prescribed by Subsection (a), a
12-53    person who files a petition for judicial review may:
12-54                (1)  stay enforcement of the penalty by:
12-55                      (A)  paying the penalty to the court for
12-56    placement in an escrow account; or
12-57                      (B)  giving the court a supersedeas bond approved
12-58    by the court that:
12-59                            (i)  is for the amount of the penalty; and
12-60                            (ii)  is effective until all judicial
12-61    review of the commissioner's order is final; or
12-62                (2)  request the court to stay enforcement of the
12-63    penalty by:
12-64                      (A)  filing with the court a sworn affidavit of
12-65    the person stating that the person is financially unable to pay the
12-66    penalty and is financially unable to give the supersedeas bond; and
12-67                      (B)  sending a copy of the affidavit to the
12-68    commissioner of public health by certified mail.
12-69          (c)  If the commissioner of public health receives a copy of
 13-1    an affidavit under Subsection (b)(2), the commissioner  may file
 13-2    with the court, within five days after the date the copy is
 13-3    received, a contest to the affidavit.  The court shall hold a
 13-4    hearing on the facts alleged in the affidavit as soon as
 13-5    practicable and shall stay the enforcement of the penalty on
 13-6    finding that the alleged facts are true.  The person who files an
 13-7    affidavit has the burden of proving that the person is financially
 13-8    unable to pay the penalty or to give a supersedeas bond.
 13-9          (d)  If the person does not pay the penalty and the
13-10    enforcement of the penalty is not stayed, the penalty may be
13-11    collected. The attorney general may sue to collect the penalty.
13-12          (e)  If the court sustains the finding that a violation
13-13    occurred, the court may uphold or reduce the amount of the penalty
13-14    and order the person to pay the full or reduced amount of the
13-15    penalty.
13-16          (f)  If the court does not sustain the finding that a
13-17    violation occurred, the court shall order that a penalty is not
13-18    owed.
13-19          (g)  If the person paid the penalty and if the amount of the
13-20    penalty is reduced or the penalty is not upheld by the court, the
13-21    court shall order, when the court's judgment becomes final, that
13-22    the appropriate amount plus accrued interest be remitted to the
13-23    person within 30 days after the date that the judgment of the court
13-24    becomes final. The interest accrues at the rate charged on loans to
13-25    depository institutions by the New York Federal Reserve Bank. The
13-26    interest shall be paid for the period beginning on the date the
13-27    penalty is paid and ending on the date the penalty is remitted.
13-28          (h)  If the person gave a supersedeas bond and the penalty is
13-29    not upheld by the court, the court shall order, when the court's
13-30    judgment becomes final, the release of the bond. If the person gave
13-31    a supersedeas bond and the amount of the penalty is reduced, the
13-32    court shall order the release of the bond after the person pays the
13-33    reduced amount.
13-34          ARTICLE 4.  BIRTHING CENTERS; ADMINISTRATIVE PENALTIES
13-35          SECTION 4.01.  Chapter 244, Health and Safety Code, is
13-36    amended by adding Sections 244.015 and 244.016 to read as follows:
13-37          Sec. 244.015.  IMPOSITION OF ADMINISTRATIVE PENALTY.  (a)
13-38    The department may impose an administrative penalty on a person
13-39    licensed under this chapter who violates this chapter or a rule or
13-40    order adopted under this chapter.  A penalty collected under this
13-41    section or Section 244.016 shall be deposited in the state treasury
13-42    in the general revenue fund.
13-43          (b)  A proceeding to impose the penalty is considered to be a
13-44    contested case under Chapter 2001, Government Code.
13-45          (c)  The amount of the penalty may not exceed $1,000 for each
13-46    violation, and each day a violation continues or occurs is a
13-47    separate violation for purposes of imposing a penalty.  The total
13-48    amount of the penalty assessed for a violation continuing or
13-49    occurring on separate days under this subsection may not exceed
13-50    $5,000.
13-51          (d)  The amount shall be based on:
13-52                (1)  the seriousness of the violation, including the
13-53    nature, circumstances, extent, and gravity of the violation;
13-54                (2)  the threat to health or safety caused by the
13-55    violation;
13-56                (3)  the history of previous violations;
13-57                (4)  the amount necessary to deter a future violation;
13-58                (5)  whether the violator demonstrated good faith,
13-59    including when applicable whether the violator made good faith
13-60    efforts to correct the violation; and
13-61                (6)  any other matter that justice may require.
13-62          (e)  If the department initially determines that a violation
13-63    occurred, the department shall give written notice of the report by
13-64    certified mail to the person.
13-65          (f)  The notice under Subsection (e) must:
13-66                (1)  include a brief summary of the alleged violation;
13-67                (2)  state the amount of the recommended penalty; and
13-68                (3)  inform the person of the person's right to a
13-69    hearing on the occurrence of the violation, the amount of the
 14-1    penalty, or both.
 14-2          (g)  Within 20 days after the date the person receives the
 14-3    notice under Subsection (e), the person in writing may:
 14-4                (1)  accept the determination and recommended penalty
 14-5    of the department; or
 14-6                (2)  make a request for a hearing on the occurrence of
 14-7    the violation, the amount of the penalty, or both.
 14-8          (h)  If the person accepts the determination and recommended
 14-9    penalty or if the person fails to respond to the notice, the
14-10    commissioner of public health by order shall approve the
14-11    determination and impose the recommended penalty.
14-12          (i)  If the person requests a hearing, the commissioner of
14-13    public health shall refer the matter to the State Office of
14-14    Administrative Hearings, which shall promptly set a hearing date
14-15    and give written notice of the time and place of the hearing to the
14-16    person. An administrative law judge of the State Office of
14-17    Administrative Hearings shall conduct the hearing.
14-18          (j)  The administrative law judge shall make findings of fact
14-19    and conclusions of law and promptly issue to the commissioner of
14-20    public health a proposal for a decision about the occurrence of the
14-21    violation and the amount of a proposed penalty.
14-22          (k)  Based on the findings of fact, conclusions of law, and
14-23    proposal for a decision, the commissioner of public health by order
14-24    may:
14-25                (1)  find that a violation occurred and impose a
14-26    penalty; or
14-27                (2)  find that a violation did not occur.
14-28          (l)  The notice of the commissioner's order under Subsection
14-29    (k) that is sent to the person in accordance with Chapter 2001,
14-30    Government Code, must include a statement of the right of the
14-31    person to judicial review of the order.
14-32          Sec. 244.016.  PAYMENT AND COLLECTION OF ADMINISTRATIVE
14-33    PENALTY; JUDICIAL REVIEW.  (a)  Within 30 days after the date an
14-34    order of the commissioner of public health under Section 244.015(k)
14-35    that imposes an administrative penalty becomes final, the person
14-36    shall:
14-37                (1)  pay the penalty; or
14-38                (2)  file a petition for judicial review of the
14-39    commissioner's order contesting the occurrence of the violation,
14-40    the amount of the penalty, or both.
14-41          (b)  Within the 30-day period prescribed by Subsection (a), a
14-42    person who files a petition for judicial review may:
14-43                (1)  stay enforcement of the penalty by:
14-44                      (A)  paying the penalty to the court for
14-45    placement in an escrow account; or
14-46                      (B)  giving the court a supersedeas bond approved
14-47    by the court that:
14-48                            (i)  is for the amount of the penalty; and
14-49                            (ii)  is effective until all judicial
14-50    review of the commissioner's order is final; or
14-51                (2)  request the court to stay enforcement of the
14-52    penalty by:
14-53                      (A)  filing with the court a sworn affidavit of
14-54    the person stating that the person is financially unable to pay the
14-55    penalty and is financially unable to give the supersedeas bond; and
14-56                      (B)  sending a copy of the affidavit to the
14-57    commissioner of public health by certified mail.
14-58          (c)  If the commissioner of public health receives a copy of
14-59    an affidavit under Subsection (b)(2), the commissioner  may file
14-60    with the court, within five days after the date the copy is
14-61    received, a contest to the affidavit.  The court shall hold a
14-62    hearing on the facts alleged in the affidavit as soon as
14-63    practicable and shall stay the enforcement of the penalty on
14-64    finding that the alleged facts are true.  The person who files an
14-65    affidavit has the burden of proving that the person is financially
14-66    unable to pay the penalty or to give a supersedeas bond.
14-67          (d)  If the person does not pay the penalty and the
14-68    enforcement of the penalty is not stayed, the penalty may be
14-69    collected. The attorney general may sue to collect the penalty.
 15-1          (e)  If the court sustains the finding that a violation
 15-2    occurred, the court may uphold or reduce the amount of the penalty
 15-3    and order the person to pay the full or reduced amount of the
 15-4    penalty.
 15-5          (f)  If the court does not sustain the finding that a
 15-6    violation occurred, the court shall order that a penalty is not
 15-7    owed.
 15-8          (g)  If the person paid the penalty and if the amount of the
 15-9    penalty is reduced or the penalty is not upheld by the court, the
15-10    court shall order, when the court's judgment becomes final, that
15-11    the appropriate amount plus accrued interest be remitted to the
15-12    person within 30 days after the date that the judgment of the court
15-13    becomes final. The interest accrues at the rate charged on loans to
15-14    depository institutions by the New York Federal Reserve Bank. The
15-15    interest shall be paid for the period beginning on the date the
15-16    penalty is paid and ending on the date the penalty is remitted.
15-17          (h)  If the person gave a supersedeas bond and the penalty is
15-18    not upheld by the court, the court shall order, when the court's
15-19    judgment becomes final, the release of the bond. If the person gave
15-20    a supersedeas bond and the amount of the penalty is reduced, the
15-21    court shall order the release of the bond after the person pays the
15-22    reduced amount.
15-23       ARTICLE 5.  SPECIAL CARE FACILITIES; ADMINISTRATIVE PENALTIES
15-24          SECTION 5.01.  Chapter 248, Health and Safety Code, is
15-25    amended by adding Subchapter D to read as follows:
15-26                   SUBCHAPTER D.  ADMINISTRATIVE PENALTY
15-27          Sec. 248.101.  IMPOSITION OF PENALTY.  (a)  The department of
15-28    health may impose an administrative penalty on a person licensed
15-29    under this chapter who violates this chapter or a rule or order
15-30    adopted under this chapter.
15-31          (b)  A penalty collected under this subchapter shall be
15-32    deposited in the state treasury in the general revenue fund.
15-33          Sec. 248.102.  AMOUNT OF PENALTY.  (a)  The amount of the
15-34    penalty may not exceed $1,000 for each violation, and each day a
15-35    violation continues or occurs is a separate violation for purposes
15-36    of imposing a penalty.  The total amount of the penalty assessed
15-37    for a violation continuing or occurring on separate days under this
15-38    subsection may not exceed $5,000.
15-39          (b)  The amount shall be based on:
15-40                (1)  the seriousness of the violation, including the
15-41    nature, circumstances, extent, and gravity of the violation;
15-42                (2)  the threat to health or safety caused by the
15-43    violation;
15-44                (3)  the history of previous violations;
15-45                (4)  the amount necessary to deter a future violation;
15-46                (5)  whether the violator demonstrated good faith,
15-47    including when applicable whether the violator made good faith
15-48    efforts to correct the violation; and
15-49                (6)  any other matter that justice may require.
15-50          Sec. 248.103.  REPORT AND NOTICE OF VIOLATION AND PENALTY.
15-51    (a)  If the department initially determines that a violation
15-52    occurred, the department shall give written notice of the report by
15-53    certified mail to the person.
15-54          (b)  The notice must:
15-55                (1)  include a brief summary of the alleged violation;
15-56                (2)  state the amount of the recommended penalty; and
15-57                (3)  inform the person of the person's right to a
15-58    hearing on the occurrence of the violation, the amount of the
15-59    penalty, or both.
15-60          Sec. 248.104.  PENALTY TO BE PAID OR HEARING REQUESTED.  (a)
15-61    Within 20 days after the date the person receives the notice sent
15-62    under Section 248.103, the person in writing may:
15-63                (1)  accept the determination and recommended penalty
15-64    of the department; or
15-65                (2)  make a request for a hearing on the occurrence of
15-66    the violation, the amount of the penalty, or both.
15-67          (b)  If the person accepts the determination and recommended
15-68    penalty or if the person fails to respond to the notice, the
15-69    commissioner of public health by order shall approve the
 16-1    determination and impose the recommended penalty.
 16-2          Sec. 248.105.  HEARING.  (a)  If the person requests a
 16-3    hearing, the commissioner of public health shall refer the matter
 16-4    to the State Office of Administrative Hearings, which shall
 16-5    promptly set a hearing date and give written notice of the time and
 16-6    place of the hearing to the person. An administrative law judge of
 16-7    the State Office of Administrative Hearings shall conduct the
 16-8    hearing.
 16-9          (b)  The administrative law judge shall make findings of fact
16-10    and conclusions of law and promptly issue to the commissioner of
16-11    public health a proposal for a decision about the occurrence of the
16-12    violation and the amount of a proposed penalty.
16-13          Sec. 248.106.  DECISION BY COMMISSIONER.  (a)  Based on the
16-14    findings of fact, conclusions of law, and proposal for a decision,
16-15    the commissioner of public health by order may:
16-16                (1)  find that a violation occurred and impose a
16-17    penalty; or
16-18                (2)  find that a violation did not occur.
16-19          (b)  The notice of the commissioner's order under Subsection
16-20    (a) that is sent to the person in accordance with Chapter 2001,
16-21    Government Code, must include a statement of the right of the
16-22    person to judicial review of the order.
16-23          Sec. 248.107.  OPTIONS FOLLOWING DECISION: PAY OR APPEAL.
16-24    Within 30 days after the date the order of the commissioner of
16-25    public health under Section 248.106 that imposes an administrative
16-26    penalty becomes final, the person shall:
16-27                (1)  pay the penalty; or
16-28                (2)  file a petition for judicial review of the
16-29    commissioner's order contesting the occurrence of the violation,
16-30    the amount of the penalty, or both.
16-31          Sec. 248.108.  STAY OF ENFORCEMENT OF PENALTY.  (a)  Within
16-32    the 30-day period prescribed by Section 248.107, a person who files
16-33    a petition for judicial review may:
16-34                (1)  stay enforcement of the penalty by:
16-35                      (A)  paying the penalty to the court for
16-36    placement in an escrow account; or
16-37                      (B)  giving the court a supersedeas bond approved
16-38    by the court that:
16-39                            (i)  is for the amount of the penalty; and
16-40                            (ii)  is effective until all judicial
16-41    review of the commissioner's order is final; or
16-42                (2)  request the court to stay enforcement of the
16-43    penalty by:
16-44                      (A)  filing with the court a sworn affidavit of
16-45    the person stating that the person is financially unable to pay the
16-46    penalty and is financially unable to give the supersedeas bond; and
16-47                      (B)  sending a copy of the affidavit to the
16-48    commissioner of public health by certified mail.
16-49          (b)  If the commissioner of public health receives a copy of
16-50    an affidavit under Subsection (a)(2), the commissioner may file
16-51    with the court, within five days after the date the copy is
16-52    received, a contest to the affidavit.  The court shall hold a
16-53    hearing on the facts alleged in the affidavit as soon as
16-54    practicable and shall stay the enforcement of the penalty on
16-55    finding that the alleged facts are true.  The person who files an
16-56    affidavit has the burden of proving that the person is financially
16-57    unable to pay the penalty or to give a supersedeas bond.
16-58          Sec. 248.109.  COLLECTION OF PENALTY.  (a)  If the person
16-59    does not pay the penalty and the enforcement of the penalty is not
16-60    stayed, the penalty may be collected.
16-61          (b)  The attorney general may sue to collect the penalty.
16-62          Sec. 248.110.  DECISION BY COURT.  (a)  If the court sustains
16-63    the finding that a violation occurred, the court may uphold or
16-64    reduce the amount of the penalty and order the person to pay the
16-65    full or reduced amount of the penalty.
16-66          (b)  If the court does not sustain the finding that a
16-67    violation occurred, the court shall order that a penalty is not
16-68    owed.
16-69          Sec. 248.111.  REMITTANCE OF PENALTY AND INTEREST.  (a)  If
 17-1    the person paid the penalty and if the amount of the penalty is
 17-2    reduced or the penalty is not upheld by the court, the court shall
 17-3    order, when the court's judgment becomes final, that the
 17-4    appropriate amount plus accrued interest be remitted to the person
 17-5    within 30 days after the date that the judgment of the court
 17-6    becomes final.
 17-7          (b)  The interest accrues at the rate charged on loans to
 17-8    depository institutions by the New York Federal Reserve Bank.
 17-9          (c)  The interest shall be paid for the period beginning on
17-10    the date the penalty is paid and ending on the date the penalty is
17-11    remitted.
17-12          Sec. 248.112.  RELEASE OF BOND.  (a)  If the person gave a
17-13    supersedeas bond and the penalty is not upheld by the court, the
17-14    court shall order, when the court's judgment becomes final, the
17-15    release of the bond.
17-16          (b)  If the person gave a supersedeas bond and the amount of
17-17    the penalty is reduced, the court shall order the release of the
17-18    bond after the person pays the reduced amount.
17-19          Sec. 248.113.  ADMINISTRATIVE PROCEDURE.  A proceeding to
17-20    impose the penalty is considered to be a contested case under
17-21    Chapter 2001, Government Code.
17-22       ARTICLE 6.  ABUSABLE GLUES AND AEROSOL PAINTS; ADMINISTRATIVE
17-23                                 PENALTIES
17-24          SECTION 6.01.  Chapter 485, Health and Safety Code, is
17-25    amended by adding Subchapter D to read as follows:
17-26                   SUBCHAPTER D.  ADMINISTRATIVE PENALTY
17-27          Sec. 485.101.  IMPOSITION OF PENALTY.  (a)  The department
17-28    may impose an administrative penalty on a person who sells abusable
17-29    glue or aerosol paint at retail who violates this chapter or a rule
17-30    or order adopted under this chapter.
17-31          (b)  A penalty collected under this subchapter shall be
17-32    deposited in the state treasury in the general revenue fund.
17-33          Sec. 485.102.  AMOUNT OF PENALTY.  (a)  The amount of the
17-34    penalty may not exceed $1,000 for each violation, and each day a
17-35    violation continues or occurs is a separate violation for purposes
17-36    of imposing a penalty.  The total amount of the penalty assessed
17-37    for a violation continuing or occurring on separate days under this
17-38    subsection may not exceed $5,000.
17-39          (b)  The amount shall be based on:
17-40                (1)  the seriousness of the violation, including the
17-41    nature, circumstances, extent, and gravity of the violation;
17-42                (2)  the threat to health or safety caused by the
17-43    violation;
17-44                (3)  the history of previous violations;
17-45                (4)  the amount necessary to deter a future violation;
17-46                (5)  whether the violator demonstrated good faith,
17-47    including when applicable whether the violator made good faith
17-48    efforts to correct the violation; and
17-49                (6)  any other matter that justice may require.
17-50          Sec. 485.103.  REPORT AND NOTICE OF VIOLATION AND PENALTY.
17-51    (a)  If the department initially determines that a violation
17-52    occurred, the department shall give written notice of the report by
17-53    certified mail to the person.
17-54          (b)  The notice must:
17-55                (1)  include a brief summary of the alleged violation;
17-56                (2)  state the amount of the recommended penalty; and
17-57                (3)  inform the person of the person's right to a
17-58    hearing on the occurrence of the violation, the amount of the
17-59    penalty, or both.
17-60          Sec. 485.104.  PENALTY TO BE PAID OR HEARING REQUESTED.  (a)
17-61    Within 20 days after the date the person receives the notice sent
17-62    under Section 485.103, the person in writing may:
17-63                (1)  accept the determination and recommended penalty
17-64    of the department; or
17-65                (2)  make a request for a hearing on the occurrence of
17-66    the violation, the amount of the penalty, or both.
17-67          (b)  If the person accepts the determination and recommended
17-68    penalty or if the person fails to respond to the notice, the
17-69    commissioner by order shall approve the determination and impose
 18-1    the recommended penalty.
 18-2          Sec. 485.105.  HEARING.  (a)  If the person requests a
 18-3    hearing, the commissioner shall refer the matter to the State
 18-4    Office of Administrative Hearings, which shall promptly set a
 18-5    hearing date and give written notice of the time and place of the
 18-6    hearing to the person. An administrative law judge of the State
 18-7    Office of Administrative Hearings shall conduct the hearing.
 18-8          (b)  The administrative law judge shall make findings of fact
 18-9    and conclusions of law and promptly issue to the commissioner a
18-10    proposal for a decision about the occurrence of the violation and
18-11    the amount of a proposed penalty.
18-12          Sec. 485.106.  DECISION BY COMMISSIONER.  (a)  Based on the
18-13    findings of fact, conclusions of law, and proposal for a decision,
18-14    the commissioner by order may:
18-15                (1)  find that a violation occurred and impose a
18-16    penalty; or
18-17                (2)  find that a violation did not occur.
18-18          (b)  The notice of the commissioner's order under Subsection
18-19    (a) that is sent to the  person in accordance with Chapter 2001,
18-20    Government Code, must include a statement of the right of the
18-21    person to judicial review of the order.
18-22          Sec. 485.107.  OPTIONS FOLLOWING DECISION: PAY OR APPEAL.
18-23    Within 30 days after the date the order of the commissioner under
18-24    Section 485.106 that imposes an administrative penalty becomes
18-25    final, the person shall:
18-26                (1)  pay the penalty; or
18-27                (2)  file a petition for judicial review of the
18-28    commissioner's order contesting the occurrence of the violation,
18-29    the amount of the penalty, or both.
18-30          Sec. 485.108.  STAY OF ENFORCEMENT OF PENALTY.  (a)  Within
18-31    the 30-day period prescribed by Section 485.107, a person who files
18-32    a petition for judicial review may:
18-33                (1)  stay enforcement of the penalty by:
18-34                      (A)  paying the penalty to the court for
18-35    placement in an escrow account; or
18-36                      (B)  giving the court a supersedeas bond approved
18-37    by the court that:
18-38                            (i)  is for the amount of the penalty; and
18-39                            (ii)  is effective until all judicial
18-40    review of the commissioner's order is final; or
18-41                (2)  request the court to stay enforcement of the
18-42    penalty by:
18-43                      (A)  filing with the court a sworn affidavit of
18-44    the person stating that the person is financially unable to pay the
18-45    penalty and is financially unable to give the supersedeas bond; and
18-46                      (B)  sending a copy of the affidavit to the
18-47    commissioner by certified mail.
18-48          (b)  If the commissioner receives a copy of an affidavit
18-49    under Subsection (a)(2), the commissioner may file with the court,
18-50    within five days after the date the copy is received, a contest to
18-51    the affidavit.  The court shall hold a hearing on the facts alleged
18-52    in the affidavit as soon as practicable and shall stay the
18-53    enforcement of the penalty on finding that the alleged facts are
18-54    true.  The person who files an affidavit has the burden of proving
18-55    that the person is financially unable to pay the penalty or to give
18-56    a supersedeas bond.
18-57          Sec. 485.109.  COLLECTION OF PENALTY.  (a)  If the person
18-58    does not pay the penalty and the enforcement of the penalty is not
18-59    stayed, the penalty may be collected.
18-60          (b)  The attorney general may sue to collect the penalty.
18-61          Sec. 485.110.  DECISION BY COURT.  (a)  If the court sustains
18-62    the finding that a violation occurred, the court may uphold or
18-63    reduce the amount of the penalty and order the person to pay the
18-64    full or reduced amount of the penalty.
18-65          (b)  If the court does not sustain the finding that a
18-66    violation occurred, the court shall order that a penalty is not
18-67    owed.
18-68          Sec. 485.111.  REMITTANCE OF PENALTY AND INTEREST.  (a)  If
18-69    the person paid the penalty and if the amount of the penalty is
 19-1    reduced or the penalty is not upheld by the court, the court shall
 19-2    order, when the court's judgment becomes final, that the
 19-3    appropriate amount plus accrued interest be remitted to the person
 19-4    within 30 days after the date that the judgment of the court
 19-5    becomes final.
 19-6          (b)  The interest accrues at the rate charged on loans to
 19-7    depository institutions by the New York Federal Reserve Bank.
 19-8          (c)  The interest shall be paid for the period beginning on
 19-9    the date the penalty is paid and ending on the date the penalty is
19-10    remitted.
19-11          Sec. 485.112.  RELEASE OF BOND.  (a)  If the person gave a
19-12    supersedeas bond and the penalty is not upheld by the court, the
19-13    court shall order, when the court's judgment becomes final, the
19-14    release of the bond.
19-15          (b)  If the person gave a supersedeas bond and the amount of
19-16    the penalty is reduced, the court shall order the release of the
19-17    bond after the person pays the reduced amount.
19-18          Sec. 485.113.  ADMINISTRATIVE PROCEDURE.  A proceeding to
19-19    impose the penalty is considered to be a contested case under
19-20    Chapter 2001, Government Code.
19-21         ARTICLE 7.  HAZARDOUS SUBSTANCES; ADMINISTRATIVE PENALTY
19-22          SECTION 7.01.  Chapter 501, Health and Safety Code, is
19-23    amended by adding Subchapter D to read as follows:
19-24                   SUBCHAPTER D.  ADMINISTRATIVE PENALTY
19-25          Sec. 501.101.  IMPOSITION OF PENALTY.  (a)  The department
19-26    may impose an administrative penalty on a person:
19-27                (1)  who manufactures or repacks a hazardous substance
19-28    that is distributed in this state or who distributes a hazardous
19-29    substance in this state; and
19-30                (2)  who violates this chapter or a rule or order
19-31    adopted under this chapter.
19-32          (b)  A penalty collected under this subchapter shall be
19-33    deposited in the state treasury in the general revenue fund.
19-34          Sec. 501.102.  AMOUNT OF PENALTY.  (a)  The amount of the
19-35    penalty may not exceed $1,000 for each violation, and each day a
19-36    violation continues or occurs is a separate violation for purposes
19-37    of imposing a penalty.  The total amount of the penalty assessed
19-38    for a violation continuing or occurring on separate days under this
19-39    subsection may not exceed $5,000.
19-40          (b)  The amount shall be based on:
19-41                (1)  the seriousness of the violation, including the
19-42    nature, circumstances, extent, and gravity of the violation;
19-43                (2)  the threat to health or safety caused by the
19-44    violation;
19-45                (3)  the history of previous violations;
19-46                (4)  the amount necessary to deter a future violation;
19-47                (5)  whether the violator demonstrated good faith,
19-48    including when applicable whether the violator made good faith
19-49    efforts to correct the violation; and
19-50                (6)  any other matter that justice may require.
19-51          Sec. 501.103.  REPORT AND NOTICE OF VIOLATION AND PENALTY.
19-52    (a)  If the department initially determines that a violation
19-53    occurred, the department shall give written notice of the report by
19-54    certified mail to the person.
19-55          (b)  The notice must:
19-56                (1)  include a brief summary of the alleged violation;
19-57                (2)  state the amount of the recommended penalty; and
19-58                (3)  inform the person of the person's right to a
19-59    hearing on the occurrence of the violation, the amount of the
19-60    penalty, or both.
19-61          Sec. 501.104.  PENALTY TO BE PAID OR HEARING REQUESTED.  (a)
19-62    Within 20 days after the date the person receives the notice sent
19-63    under Section 501.103, the person in writing may:
19-64                (1)  accept the determination and recommended penalty
19-65    of the department; or
19-66                (2)  make a request for a hearing on the occurrence of
19-67    the violation, the amount of the penalty, or both.
19-68          (b)  If the person accepts the determination and recommended
19-69    penalty or if the person fails to respond to the notice, the
 20-1    commissioner of public health by order shall approve the
 20-2    determination and impose the recommended penalty.
 20-3          Sec. 501.105.  HEARING.  (a)  If the person requests a
 20-4    hearing, the commissioner of public health shall refer the matter
 20-5    to the State Office of Administrative Hearings, which shall
 20-6    promptly set a hearing date and give written notice of the time and
 20-7    place of the hearing to the person. An administrative law judge of
 20-8    the State Office of Administrative Hearings shall conduct the
 20-9    hearing.
20-10          (b)  The administrative law judge shall make findings of fact
20-11    and conclusions of law and promptly issue to the commissioner of
20-12    public health a proposal for a decision about the occurrence of the
20-13    violation and the amount of a proposed penalty.
20-14          Sec. 501.106.  DECISION BY COMMISSIONER.  (a)  Based on the
20-15    findings of fact, conclusions of law, and proposal for a decision,
20-16    the commissioner of public health by order may:
20-17                (1)  find that a violation occurred and impose a
20-18    penalty; or
20-19                (2)  find that a violation did not occur.
20-20          (b)  The notice of the commissioner's order under Subsection
20-21    (a)  that is sent to the person in accordance with Chapter 2001,
20-22    Government Code, must include a statement of the right of the
20-23    person to judicial review of the order.
20-24          Sec. 501.107.  OPTIONS FOLLOWING DECISION: PAY OR APPEAL.
20-25    Within 30 days after the date an order of the commissioner of
20-26    public health under Section 501.106 that imposes an administrative
20-27    penalty becomes final, the person shall:
20-28                (1)  pay the penalty; or
20-29                (2)  file a petition for judicial review of the
20-30    commissioner's order contesting the occurrence of the violation,
20-31    the amount of the penalty, or both.
20-32          Sec. 501.108.  STAY OF ENFORCEMENT OF PENALTY.  (a)  Within
20-33    the 30-day period prescribed by Section 501.107, a person who files
20-34    a petition for judicial review may:
20-35                (1)  stay enforcement of the penalty by:
20-36                      (A)  paying the penalty to the court for
20-37    placement in an escrow account; or
20-38                      (B)  giving the court a supersedeas bond approved
20-39    by the court that:
20-40                            (i)  is for the amount of the penalty; and
20-41                            (ii)  is effective until all judicial
20-42    review of the commissioner's order is final; or
20-43                (2)  request the court to stay enforcement of the
20-44    penalty by:
20-45                      (A)  filing with the court a sworn affidavit of
20-46    the person stating that the person is financially unable to pay the
20-47    penalty and is financially unable to give the supersedeas bond; and
20-48                      (B)  giving a copy of the affidavit to the
20-49    commissioner of public health by certified mail.
20-50          (b)  If the commissioner of public health receives a copy of
20-51    an affidavit under Subsection (a)(2), the commissioner may file
20-52    with the court, within five days after the date the copy is
20-53    received, a contest to the affidavit.  The court shall hold a
20-54    hearing on the facts alleged in the affidavit as soon as
20-55    practicable and shall stay the enforcement of the penalty on
20-56    finding that the alleged facts are true.  The person who files an
20-57    affidavit has the burden of proving that the person is financially
20-58    unable to pay the penalty or to give a supersedeas bond.
20-59          Sec. 501.109.  COLLECTION OF PENALTY.  (a)  If the person
20-60    does not pay the penalty and the enforcement of the penalty is not
20-61    stayed, the penalty may be collected.
20-62          (b)  The attorney general may sue to collect the penalty.
20-63          Sec. 501.110.  DECISION BY COURT.  (a)  If the court sustains
20-64    the finding that a violation occurred, the court may uphold or
20-65    reduce the amount of the penalty and order the person to pay the
20-66    full or reduced amount of the penalty.
20-67          (b)  If the court does not sustain the finding that a
20-68    violation occurred, the court shall order that a penalty is not
20-69    owed.
 21-1          Sec. 501.111.  REMITTANCE OF PENALTY AND INTEREST.  (a)  If
 21-2    the person paid the penalty and if the amount of the penalty is
 21-3    reduced or the penalty is not upheld by the court, the court shall
 21-4    order, when the court's judgment becomes final, that the
 21-5    appropriate amount plus accrued interest be remitted to the person
 21-6    within 30 days after the date that the judgment of the court
 21-7    becomes final.
 21-8          (b)  The interest accrues at the rate charged on loans to
 21-9    depository institutions by the New York Federal Reserve Bank.
21-10          (c)  The interest shall be paid for the period beginning on
21-11    the date the penalty is paid and ending on the date the penalty is
21-12    remitted.
21-13          Sec. 501.112.  RELEASE OF BOND.  (a)  If the person gave a
21-14    supersedeas bond and the penalty is not upheld by the court, the
21-15    court shall order, when the court's judgment becomes final, the
21-16    release of the bond.
21-17          (b)  If the person gave a supersedeas bond and the amount of
21-18    the penalty is reduced, the court shall order the release of the
21-19    bond after the person pays the reduced amount.
21-20          Sec. 501.113.  ADMINISTRATIVE PROCEDURE.  A proceeding to
21-21    impose the penalty is considered to be a contested case under
21-22    Chapter 2001, Government Code.
21-23      ARTICLE 8.  FEES FOR PRIVATE MENTAL HOSPITALS AND CERTAIN OTHER
21-24                         MENTAL HEALTH FACILITIES
21-25          SECTION 8.01.  Section 577.006, Health and Safety Code, is
21-26    amended to read as follows:
21-27          Sec. 577.006.  FEES.  (a)  The department shall charge each
21-28    hospital an annual license fee for an initial license or a license
21-29    renewal [board by rule shall adopt:]
21-30                [(1)  an application fee;]
21-31                [(2)  a license fee;]
21-32                [(3)  a fee schedule for reviewing the plan of the
21-33    hospital or facility premises; and]
21-34                [(4)  a fee schedule for field surveys of construction
21-35    plans].
21-36          (b)  The board by rule shall adopt the fees authorized by
21-37    Subsection (a)  according to a schedule under which the number of
21-38    beds in the hospital determines the amount of the fee.  The fee may
21-39    not exceed $15 a bed.  A minimum license fee may be established.
21-40    The minimum fee may not exceed $1,000 [department may establish
21-41    staggered license renewal dates  and dates on which fees are due].
21-42          (c)  The board by rule shall adopt fees for hospital plan
21-43    reviews according to a schedule under which the amounts of the fees
21-44    are based on the estimated construction costs.  [A fee adopted
21-45    under this chapter must be based on the estimated cost to and the
21-46    level of effort expended by the department to conduct the activity
21-47    for which the fee is imposed.]
21-48          (d)  The fees imposed under the schedule may not exceed the
21-49    following:
21-50               Cost of Construction                Fee
21-51          (1)  $   100,000 or less                $  500
21-52          (2)  $   100,001 - $   600,000          $1,500
21-53          (3)  $   600,001 - $ 2,000,000          $3,000
21-54          (4)  $ 2,000,001 - $ 5,000,000          $4,500
21-55          (5)  $ 5,000,001 - $10,000,000          $6,000
21-56          (6)  $10,000,001 and over               $7,500
21-57    [The fees should be designed to recover all of the department's
21-58    cost in granting the initial license and in renewing the license,
21-59    but may not exceed $250.]
21-60          (e)  The department shall charge a fee for field surveys of
21-61    construction plans reviewed under this section.  The board by rule
21-62    shall adopt a fee schedule for the surveys that provides a minimum
21-63    fee of $500 and a maximum fee of $1,000 for each survey conducted
21-64    [fee for a plan review or field survey may not exceed $650].
21-65          (f)  The department annually shall review the fee schedules
21-66    to ensure that the fees charged are based on the estimated costs to
21-67    and level of effort expended by the department.
21-68          (g)  The department may establish staggered license renewal
21-69    dates and dates on which fees are due.
 22-1          (h)  A fee adopted under this chapter must be based on the
 22-2    estimated cost to and level of effort expended by the department to
 22-3    conduct the activity for which the fee is imposed.
 22-4          (i)  All license fees collected shall be deposited in the
 22-5    state treasury to the credit of the department to administer and
 22-6    enforce this chapter.  These fees may be appropriated only to the
 22-7    department.  [Fees collected under this chapter shall be deposited
 22-8    in the state treasury in a separate fund and may be appropriated
 22-9    for salaries, maintenance, travel expenses, repairs, printing,
22-10    postage, and other uses and purposes prescribed by this subtitle.]
22-11      ARTICLE 9.  STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE
22-12                         RADIATION ADVISORY BOARD
22-13          SECTION 9.01.  Section 401.015, Health and Safety Code, is
22-14    amended by adding Subsections (d), (e), and (f) to read as follows:
22-15          (d)  In this subsection, "Texas trade association" means a
22-16    cooperative and voluntarily joined association of business or
22-17    professional competitors in this state designed to assist its
22-18    members and its industry or profession in dealing with mutual
22-19    business or professional problems and in promoting their common
22-20    interest. A person may not be a member of the advisory board if:
22-21                (1)  the person is an officer, employee, or paid
22-22    consultant of a Texas trade association in the field of health
22-23    physics or radiological health; or
22-24                (2)  the person's spouse is an officer, manager, or
22-25    paid consultant of a Texas trade association in the field of health
22-26    physics or radiological health.
22-27          (e)  A person may not be a member of the advisory board or
22-28    act as the general counsel to the advisory board if the person is
22-29    required to register as a lobbyist under Chapter 305, Government
22-30    Code, because of the person's activities for compensation on behalf
22-31    of a profession related to the operation of the advisory board.
22-32          (f)  Appointments to the advisory board shall be made without
22-33    regard to the race, color, disability, sex, religion, age, or
22-34    national origin of the appointees.
22-35          SECTION 9.02.  Subchapter B, Chapter 401, Health and Safety
22-36    Code, is amended by adding Sections 401.0151 through 401.0153 to
22-37    read as follows:
22-38          Sec. 401.0151.  TRAINING FOR ADVISORY BOARD MEMBERS.  (a)  A
22-39    person who is appointed to and qualifies for office as a member of
22-40    the advisory board may not vote, deliberate, or be counted as a
22-41    member in attendance at a meeting of the advisory board until the
22-42    person completes a training program that complies with this
22-43    section.
22-44          (b)  The training program must provide the person with
22-45    information regarding:
22-46                (1)  the legislation that created the advisory board;
22-47                (2)  the role and functions of the advisory board;
22-48                (3)  the rules of the advisory board and applicable
22-49    rules of the department, with an emphasis on the rules that relate
22-50    to disciplinary and investigatory authority;
22-51                (4)  the requirements of:
22-52                      (A)  the open meetings law, Chapter 551,
22-53    Government Code;
22-54                      (B)  the public information law, Chapter 552,
22-55    Government Code;
22-56                      (C)  the administrative procedure law, Chapter
22-57    2001, Government Code; and
22-58                      (D)  other laws relating to public officials,
22-59    including conflict-of-interest laws; and
22-60                (5)  any applicable ethics policies adopted by the
22-61    advisory board or the Texas Ethics Commission.
22-62          (c)  A person appointed to the advisory board is entitled to
22-63    reimbursement, as provided by the General Appropriations Act, for
22-64    the travel expenses incurred in attending the training program
22-65    regardless of whether the attendance at the program occurs before
22-66    or after the person qualifies for office.
22-67          Sec. 401.0152.  INFORMATION ABOUT STANDARDS OF CONDUCT.  The
22-68    commissioner or the commissioner's designee shall provide to
22-69    members of the advisory board, as often as necessary, information
 23-1    regarding the requirements for office under this subchapter,
 23-2    including information regarding a person's responsibilities under
 23-3    applicable laws relating to standards of conduct for state
 23-4    officers.
 23-5          Sec. 401.0153.  GROUNDS FOR REMOVAL.  (a)  It is a ground for
 23-6    removal from the advisory board that a member:
 23-7                (1)  does not have at the time of taking office the
 23-8    qualifications required by Section 401.015(a);
 23-9                (2)  does not maintain during service on the advisory
23-10    board the qualifications required by Section 401.015(a);
23-11                (3)  is ineligible for membership under Section
23-12    401.015(c), (d), or (e);
23-13                (4)  cannot, because of illness or disability,
23-14    discharge the member's duties for a substantial part of the
23-15    member's term; or
23-16                (5)  is absent from more than half of the regularly
23-17    scheduled advisory board meetings that the member is eligible to
23-18    attend during a calendar year without an excuse approved by  a
23-19    majority vote of the advisory board.
23-20          (b)  The validity of an action of the advisory board is not
23-21    affected by the fact that it is taken when a ground for removal of
23-22    an advisory board member exists.
23-23          (c)  If the commissioner has knowledge that a potential
23-24    ground for removal exists, the commissioner shall notify the
23-25    advisory board chairman  of the potential ground.  The advisory
23-26    board chairman shall then notify the governor and the attorney
23-27    general that a potential ground for removal exists.  If the
23-28    potential ground for removal involves the advisory board chairman,
23-29    the commissioner shall notify the next highest ranking officer of
23-30    the advisory board, who shall then notify the governor and the
23-31    attorney general that a potential ground for removal exists.
23-32          SECTION 9.03.  Section 401.016, Health and Safety Code, is
23-33    amended to read as follows:
23-34          Sec. 401.016.  OFFICERS.  (a)  The governor shall designate a
23-35    member of the advisory board as the advisory board chairman to
23-36    serve in that capacity at the will of the governor.
23-37          (b)  The advisory board shall elect from its members a
23-38    [chairman,] vice-chairman[,] and secretary.
23-39          SECTION 9.04.  Subchapter B, Chapter 401, Health and Safety
23-40    Code, is amended by adding Section 401.0181 to read as follows:
23-41          Sec. 401.0181.  PUBLIC TESTIMONY.  The advisory board shall
23-42    develop and implement policies that provide the public with a
23-43    reasonable opportunity to appear before the advisory board and to
23-44    speak on any issue under the jurisdiction of the advisory board.
23-45          SECTION 9.05.  The changes in law made by this Act in the
23-46    prohibitions applying to members of the radiation advisory board do
23-47    not affect the entitlement of a member serving on the board
23-48    immediately before September 1, 1999, to continue to serve and
23-49    function as a member of the board for the remainder of the member's
23-50    term.  The changes in law apply only to a member appointed on or
23-51    after September 1, 1999.  The changes in law made by this Act do
23-52    not prohibit a person who is a member of the board immediately
23-53    before September 1, 1999, from being reappointed to the board if
23-54    the person is eligible to serve as a member under Chapter 401,
23-55    Health and Safety Code, as amended by this Act.
23-56     ARTICLE 10.  STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE
23-57                      COUNCIL ON ALZHEIMER'S DISEASE
23-58          SECTION 10.01.  Section 101.002, Health and Safety Code, is
23-59    amended by amending Subsection (c) and adding Subsection (d) to
23-60    read as follows:
23-61          (c)  The governor shall designate a member [members] of the
23-62    council who is not [shall annually elect a chairman from the
23-63    council, except that] an agency representative as the chairman of
23-64    the council to serve in that capacity at the will of the governor
23-65    [may not serve as the chairman].
23-66          (d)  Appointments to the council shall be made without regard
23-67    to the race, color, disability, sex, religion, age, or national
23-68    origin of the appointees.
23-69          SECTION 10.02.  Chapter 101, Health and Safety Code, is
 24-1    amended by adding Sections 101.0021 through 101.0023 to read as
 24-2    follows:
 24-3          Sec. 101.0021.  CONFLICT OF INTEREST.  (a)  In this section,
 24-4    "Texas trade association" means a cooperative and voluntarily
 24-5    joined association of business or professional competitors in this
 24-6    state designed to assist its members and its industry or profession
 24-7    in dealing with mutual business or professional problems and in
 24-8    promoting their common interest.
 24-9          (b)  A person may not be a member of the council if:
24-10                (1)  the person is an officer, employee, or paid
24-11    consultant of a Texas trade association in the field of medicine;
24-12    or
24-13                (2)  the person's spouse is an officer, manager, or
24-14    paid consultant of a Texas trade association in the field of
24-15    medicine.
24-16          (c)  A person may not be a member of the council if the
24-17    person is required to register as a lobbyist under Chapter 305,
24-18    Government Code, because of the person's activities for
24-19    compensation on behalf of a profession related to the operation of
24-20    the council.
24-21          Sec. 101.0022.  GROUNDS FOR REMOVAL.  (a)  It is a ground for
24-22    removal from the council that a member:
24-23                (1)  does not have at the time of taking office the
24-24    qualifications required by Section 101.002(a);
24-25                (2)  does not maintain during service on the council
24-26    the qualifications required by Section 101.002(a);
24-27                (3)  is ineligible for membership under Section
24-28    101.0021;
24-29                (4)  cannot, because of illness or disability,
24-30    discharge the member's duties for a substantial part of the
24-31    member's term; or
24-32                (5)  is absent from more than half of the regularly
24-33    scheduled council meetings that the member is eligible to attend
24-34    during a calendar year without an excuse approved by  a majority
24-35    vote of the council.
24-36          (b)  The validity of an action of the council is not affected
24-37    by the fact that it is taken when a ground for removal of a council
24-38    member exists.
24-39          (c)  If the commissioner has knowledge that a potential
24-40    ground for removal exists, the commissioner shall notify the
24-41    chairman of the council of the potential ground.  The chairman
24-42    shall then notify the governor and the attorney general that a
24-43    potential ground for removal exists.  If the potential ground for
24-44    removal involves the chairman, the commissioner shall notify the
24-45    next highest ranking officer of the council, who shall then notify
24-46    the governor and the attorney general that a potential ground for
24-47    removal exists.
24-48          Sec. 101.0023.  TRAINING.  (a)  A person who is appointed to
24-49    and qualifies for office as a member of the council may not vote,
24-50    deliberate, or be counted as a member in attendance at a meeting of
24-51    the council until the person completes a training program that
24-52    complies with this section.
24-53          (b)  The training program must provide the person with
24-54    information regarding:
24-55                (1)  the legislation that created the council;
24-56                (2)  the programs operated by the council;
24-57                (3)  the role and functions of the council;
24-58                (4)  the rules of the council;
24-59                (5)  the current budget for the council;
24-60                (6)  the results of the most recent formal audit of the
24-61    council;
24-62                (7)  the requirements of:
24-63                      (A)  the open meetings law, Chapter 551,
24-64    Government Code;
24-65                      (B)  the public information law, Chapter 552,
24-66    Government Code;
24-67                      (C)  the administrative procedure law, Chapter
24-68    2001, Government Code; and
24-69                      (D)  other laws relating to public officials,
 25-1    including conflict-of-interest laws; and
 25-2                (8)  any applicable ethics policies adopted by the
 25-3    council or the Texas Ethics Commission.
 25-4          (c)  A person appointed to the council is entitled to
 25-5    reimbursement, as provided by the General Appropriations Act, for
 25-6    the travel expenses incurred in attending the training program
 25-7    regardless of whether the attendance at the program occurs before
 25-8    or after the person qualifies for office.
 25-9          SECTION 10.03.  Chapter 101, Health and Safety Code, is
25-10    amended by adding Section 101.0065 to read as follows:
25-11          Sec. 101.0065.  PUBLIC TESTIMONY.  The council shall develop
25-12    and implement policies that provide the public with a reasonable
25-13    opportunity to appear before the council and to speak on any issue
25-14    under the jurisdiction of the council.
25-15          SECTION 10.04.  Chapter 101, Health and Safety Code, is
25-16    amended by adding Section 101.0075 to read as follows:
25-17          Sec. 101.0075.  DIVISION OF POLICY AND MANAGEMENT
25-18    RESPONSIBILITIES.  The council shall develop and implement policies
25-19    that clearly separate the policymaking responsibilities of the
25-20    council and the management responsibilities of the commissioner and
25-21    the staff of the department.
25-22          SECTION 10.05.  Chapter 101, Health and Safety Code, is
25-23    amended by adding Section 101.0081 to read as follows:
25-24          Sec. 101.0081.  INFORMATION ABOUT STANDARDS OF CONDUCT.  The
25-25    commissioner or the commissioner's designee shall provide to
25-26    members of the council, as often as necessary, information
25-27    regarding the requirements for office under this chapter, including
25-28    information regarding a person's responsibilities under applicable
25-29    laws relating to standards of conduct for state officers.
25-30          SECTION 10.06.  The changes in law made by this Act in the
25-31    prohibitions applying to members of the Texas Council on
25-32    Alzheimer's Disease and Related Disorders do not affect the
25-33    entitlement of a member serving on the council immediately before
25-34    September 1, 1999, to continue to serve and function as a member of
25-35    the council for the remainder of the member's term.  The changes in
25-36    law apply only to a member appointed on or after September 1, 1999.
25-37    The changes in law made by this Act do not prohibit a person who is
25-38    a member of the council immediately before September 1, 1999, from
25-39    being reappointed to the council if the person is eligible to serve
25-40    as a member under Chapter 101, Health and Safety Code, as amended
25-41    by this Act.
25-42         ARTICLE 11.  STANDARD SUNSET REVIEW PROVISIONS APPLICABLE
25-43               TO THE STATEWIDE HEALTH COORDINATING COUNCIL
25-44          SECTION 11.01.  Section 104.011, Health and Safety Code, is
25-45    amended by adding Subsections (c) and (d) to read as follows:
25-46          (c)  The governor shall designate a member of the council as
25-47    the presiding officer of the council to serve in that capacity at
25-48    the will of the governor.
25-49          (d)  Appointments to the council shall be made without regard
25-50    to the race, color, disability, sex, religion, age, or national
25-51    origin of the appointees.
25-52          SECTION 11.02.  Subchapter B, Chapter 104, Health and Safety
25-53    Code, is amended by adding Sections 104.0111 through 104.0113 to
25-54    read as follows:
25-55          Sec. 104.0111.  CONFLICT OF INTEREST.  (a)  In this section,
25-56    "Texas trade association" means a cooperative and voluntarily
25-57    joined association of business or professional competitors in this
25-58    state designed to assist its members and its industry or profession
25-59    in dealing with mutual business or professional problems and in
25-60    promoting their common interest.
25-61          (b)  A person may not be a member of the statewide health
25-62    coordinating council if:
25-63                (1)  the person is an officer, employee, or paid
25-64    consultant of a Texas trade association in the field of medicine;
25-65    or
25-66                (2)  the person's spouse is an officer, manager, or
25-67    paid consultant of a Texas trade association in the field of
25-68    medicine.
25-69          (c)  A person may not be a member of the council if the
 26-1    person is required to register as a lobbyist under Chapter 305,
 26-2    Government Code, because of the person's activities for
 26-3    compensation on behalf of a profession related to the operation of
 26-4    the council.
 26-5          Sec. 104.0112.  GROUNDS FOR REMOVAL.  (a)  It is a ground for
 26-6    removal from the statewide health coordinating council that a
 26-7    member:
 26-8                (1)  does not have at the time of taking office the
 26-9    qualifications required by Section 104.011(a);
26-10                (2)  does not maintain during service on the council
26-11    the qualifications required by Section 104.011(a);
26-12                (3)  is ineligible for membership under Section
26-13    104.0111;
26-14                (4)  cannot, because of illness or disability,
26-15    discharge the member's duties for a substantial part of the
26-16    member's term; or
26-17                (5)  is absent from more than half of the regularly
26-18    scheduled council meetings that the member is eligible to attend
26-19    during a calendar year without an excuse approved by  a majority
26-20    vote of the council.
26-21          (b)  The validity of an action of the council is not affected
26-22    by the fact that it is taken when a ground for removal of a council
26-23    member exists.
26-24          (c)  If the commissioner has knowledge that a potential
26-25    ground for removal exists, the commissioner shall notify the
26-26    presiding officer of the council of the potential ground.  The
26-27    presiding officer shall then notify the governor and the attorney
26-28    general that a potential ground for removal exists.  If the
26-29    potential ground for removal involves the presiding officer, the
26-30    commissioner shall notify the next highest ranking officer of the
26-31    council, who shall then notify the governor and the attorney
26-32    general that a potential ground for removal exists.
26-33          Sec. 104.0113.  TRAINING.  (a)  A person who is appointed to
26-34    and qualifies for office as a member of the statewide health
26-35    coordinating council may not vote, deliberate, or be counted as a
26-36    member in attendance at a meeting of the council until the person
26-37    completes a training program that complies with this section.
26-38          (b)  The training program must provide the person with
26-39    information regarding:
26-40                (1)  the legislation that created the council;
26-41                (2)  the programs operated by the council;
26-42                (3)  the role and functions of the council;
26-43                (4)  the rules of the council;
26-44                (5)  the current budget for the council;
26-45                (6)  the results of the most recent formal audit of the
26-46    council;
26-47                (7)  the requirements of:
26-48                      (A)  the open meetings law, Chapter 551,
26-49    Government Code;
26-50                      (B)  the public information law, Chapter 552,
26-51    Government Code;
26-52                      (C)  the administrative procedure law, Chapter
26-53    2001, Government Code; and
26-54                      (D)  other laws relating to public officials,
26-55    including conflict-of-interest laws; and
26-56                (8)  any applicable ethics policies adopted by the
26-57    council or the Texas Ethics Commission.
26-58          (c)  A person appointed to the council is entitled to
26-59    reimbursement, as provided by the General Appropriations Act, for
26-60    the travel expenses incurred in attending the training program
26-61    regardless of whether the attendance at the program occurs before
26-62    or after the person qualifies for office.
26-63          SECTION 11.03.  Subchapter B, Chapter 104, Health and Safety
26-64    Code, is amended by adding Sections 104.0141 and 104.0142 to read
26-65    as follows:
26-66          Sec. 104.0141.  DIVISION OF POLICY AND MANAGEMENT
26-67    RESPONSIBILITIES.  The statewide health coordinating council shall
26-68    develop and implement policies that clearly separate the
26-69    policymaking responsibilities of the council and the management
 27-1    responsibilities of the commissioner and the staff of the
 27-2    department.
 27-3          Sec. 104.0142.  INFORMATION ABOUT STANDARDS OF CONDUCT.  The
 27-4    commissioner or the commissioner's designee shall provide to
 27-5    members of the statewide health coordinating council, as often as
 27-6    necessary, information regarding the requirements for office under
 27-7    this chapter, including information regarding a person's
 27-8    responsibilities under applicable laws relating to standards of
 27-9    conduct for state officers.
27-10          SECTION 11.04.  Subchapter B, Chapter 104, Health and Safety
27-11    Code, is amended by adding Section 104.016 to read as follows:
27-12          Sec. 104.016.  PUBLIC TESTIMONY.  The statewide health
27-13    coordinating council shall develop and implement policies that
27-14    provide the public with a reasonable opportunity to appear before
27-15    the council and to speak on any issue under the jurisdiction of the
27-16    council.
27-17          SECTION 11.05.  The changes in law made by this Act in the
27-18    prohibitions applying to members of the statewide health
27-19    coordinating council do not affect the entitlement of a member
27-20    serving on the council immediately before September 1, 1999, to
27-21    continue to serve and function as a member of the council for the
27-22    remainder of the member's term.  The changes in law apply only to a
27-23    member appointed on or after September 1, 1999. The changes in law
27-24    made by this Act do not prohibit a person who is a member of the
27-25    council immediately before September 1, 1999, from being
27-26    reappointed to the council if the person is eligible to serve as a
27-27    member under Chapter 104, Health and Safety Code, as amended by
27-28    this Act.
27-29         ARTICLE 12.  STANDARD SUNSET REVIEW PROVISIONS APPLICABLE
27-30                       TO THE TEXAS DIABETES COUNCIL
27-31          SECTION 12.01.  Section 103.002(d), Health and Safety Code,
27-32    is amended to read as follows:
27-33          (d)  Appointments to the council shall be made without regard
27-34    to the race, color, disability, creed, sex, religion, age, or
27-35    national origin of the appointees.
27-36          SECTION 12.02.  Section 103.006, Health and Safety Code, is
27-37    amended to read as follows:
27-38          Sec. 103.006.  CHAIRMAN.  The governor shall designate a
27-39    member of the council as the [Council members shall annually elect
27-40    one citizen member to serve as] chairman of the council to serve in
27-41    that capacity at the will of the governor.
27-42          SECTION 12.03.  Chapter 103, Health and Safety Code, is
27-43    amended by adding Sections 103.0024 and 103.0025 to read as
27-44    follows:
27-45          Sec. 103.0024.  TRAINING.  (a)  A person who is appointed to
27-46    and qualifies for office as a member of the council may not vote,
27-47    deliberate, or be counted as a member in attendance at a meeting of
27-48    the council until the person completes a training program that
27-49    complies with this section.
27-50          (b)  The training program must provide the person with
27-51    information regarding:
27-52                (1)  the legislation that created the council;
27-53                (2)  the programs operated by the council;
27-54                (3)  the role and functions of the council;
27-55                (4)  the rules of the council;
27-56                (5)  the current budget for the council;
27-57                (6)  the results of the most recent formal audit of the
27-58    council;
27-59                (7)  the requirements of:
27-60                      (A)  the open meetings law, Chapter 551,
27-61    Government Code;
27-62                      (B)  the public information law, Chapter 552,
27-63    Government Code;
27-64                      (C)  the administrative procedure law, Chapter
27-65    2001, Government Code; and
27-66                      (D)  other laws relating to public officials,
27-67    including conflict-of-interest laws; and
27-68                (8)  any applicable ethics policies adopted by the
27-69    council or the Texas Ethics Commission.
 28-1          (c)  A person appointed to the council is entitled to
 28-2    reimbursement, as provided by the General Appropriations Act, for
 28-3    the travel expenses incurred in attending the training program
 28-4    regardless of whether the attendance at the program occurs before
 28-5    or after the person qualifies for office.
 28-6          Sec. 103.0025.  INFORMATION ABOUT STANDARDS OF CONDUCT.  The
 28-7    commissioner or the commissioner's designee shall provide to
 28-8    members of the council, as often as necessary, information
 28-9    regarding the requirements for office under this chapter, including
28-10    information regarding a person's responsibilities under applicable
28-11    laws relating to standards of conduct for state officers.
28-12          SECTION 12.04.  Chapter 103, Health and Safety Code, is
28-13    amended by adding Section 103.0105 to read as follows:
28-14          Sec. 103.0105.  DIVISION OF POLICY AND MANAGEMENT
28-15    RESPONSIBILITIES.  The council shall develop and implement policies
28-16    that clearly separate the policymaking responsibilities of the
28-17    council and the management responsibilities of the commissioner and
28-18    the staff of the department.
28-19          SECTION 12.05.  The changes in law made by this Act in the
28-20    prohibitions applying to members of the Texas Diabetes Council do
28-21    not affect the entitlement of a member serving on the council
28-22    immediately before September 1, 1999, to continue to serve and
28-23    function as a member of the council for the remainder of the
28-24    member's term.  The changes in law apply only to a member appointed
28-25    on or after September 1, 1999.
28-26         ARTICLE 13.  STANDARD SUNSET REVIEW PROVISIONS APPLICABLE
28-27                TO THE ADVISORY BOARD OF ATHLETIC TRAINERS
28-28          SECTION 13.01.  Section 2, Chapter 498, Acts of the 62nd
28-29    Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
28-30    Civil Statutes), is amended by amending Subsections (a) and (b) and
28-31    adding Subsection (e) to read as follows:
28-32          (a)  The Advisory Board of Athletic Trainers, composed of six
28-33    members, is created.  The board is created as a part of the Texas
28-34    [State] Department of Health and shall perform its duties as a
28-35    board within the Texas [State] Department of Health. To qualify as
28-36    a member, a person must be a citizen of the United States and a
28-37    resident of Texas for five years immediately preceding appointment.
28-38    Four members [Members] must be licensed athletic trainers.  Two
28-39    members must be representatives of the general public.  A person
28-40    may not be a public member of the board if the person or the
28-41    person's spouse:
28-42                (1)  is registered, certified, or licensed by a
28-43    regulatory agency in the field of athletic training;
28-44                (2)  is employed by or participates in the management
28-45    of a business entity or other organization regulated by or
28-46    receiving money from the board;
28-47                (3)  owns or controls, directly or indirectly, more
28-48    than a 10 percent interest in a business entity or other
28-49    organization regulated by or receiving money from the board; or
28-50                (4)  uses or receives a substantial amount of tangible
28-51    goods, services, or money from the board other than compensation or
28-52    reimbursement authorized by law for board membership, attendance,
28-53    or expenses.
28-54          (b)  The members of the board shall be appointed by the
28-55    governor with the advice and consent of the Senate.  Members
28-56    [Except for the initial appointees, members] hold office for terms
28-57    of six years.  The terms of two members expire on January 31 of
28-58    each odd-numbered year [years].
28-59          (e)  Appointments to the board shall be made without regard
28-60    to the race, color, disability, sex, religion, age, or national
28-61    origin of the appointees.
28-62          SECTION 13.02.  Chapter 498, Acts of the 62nd Legislature,
28-63    Regular Session, 1971 (Article 4512d, Vernon's Texas Civil
28-64    Statutes), is amended by adding Sections 2B, 2C, 2D, 2E, and 2F to
28-65    read as follows:
28-66          Sec. 2B.  CONFLICT OF INTEREST.  (a)  In this section, "Texas
28-67    trade association" means a cooperative and voluntarily joined
28-68    association of business or professional competitors in this state
28-69    designed to assist its members and its industry or profession in
 29-1    dealing with mutual business or professional problems and in
 29-2    promoting their common interest.
 29-3          (b)  A person may not be a member of the board if:
 29-4                (1)  the person is an officer, employee, or paid
 29-5    consultant of a Texas trade association in the field of athletic
 29-6    training; or
 29-7                (2)  the person's spouse is an officer, manager, or
 29-8    paid consultant of a Texas trade association in the field of
 29-9    athletic training.
29-10          (c)  A person may not be a member of the board if the person
29-11    is required to register as a lobbyist under Chapter 305, Government
29-12    Code, because of the person's activities for compensation on behalf
29-13    of a profession related to the operation of the board.
29-14          Sec. 2C.  GROUNDS FOR REMOVAL.  (a)  It is a ground for
29-15    removal from the board that a member:
29-16                (1)  does not have at the time of taking office the
29-17    qualifications required by Subsection (a) of Section 2 of this Act;
29-18                (2)  does not maintain during service on the board the
29-19    qualifications required by Subsection (a) of Section 2 of this Act;
29-20                (3)  is ineligible for membership under Section 2B of
29-21    this Act;
29-22                (4)  cannot, because of illness or disability,
29-23    discharge the member's duties for a substantial part of the
29-24    member's term; or
29-25                (5)  is absent from more than half of the regularly
29-26    scheduled board meetings that the member is eligible to attend
29-27    during a calendar year  without an excuse approved by  a majority
29-28    vote of the board.
29-29          (b)  The validity of an action of the board is not affected
29-30    by the fact that it is taken when a ground for removal of a board
29-31    member exists.
29-32          (c)  If the commissioner of public health has knowledge that
29-33    a potential ground for removal exists, the commissioner shall
29-34    notify the chairman of the board of the potential ground.  The
29-35    chairman shall then notify the governor and the attorney general
29-36    that a potential ground for removal exists.  If the potential
29-37    ground for removal involves the chairman, the commissioner shall
29-38    notify the next highest ranking officer of the board, who shall
29-39    then notify the governor and the attorney general that a potential
29-40    ground for removal exists.
29-41          Sec. 2D.  TRAINING.  (a)  A person who is appointed to and
29-42    qualifies for office as a member of the board may not vote,
29-43    deliberate, or be counted as a member in attendance at a meeting of
29-44    the board until the person completes a training program that
29-45    complies with this section.
29-46          (b)  The training program must provide the person with
29-47    information regarding:
29-48                (1)  the legislation that created the board;
29-49                (2)  the programs operated by the board;
29-50                (3)  the role and functions of the board;
29-51                (4)  the rules of the board, with an emphasis on the
29-52    rules that relate to disciplinary and investigatory authority;
29-53                (5)  the current budget for the board;
29-54                (6)  the results of the most recent formal audit of the
29-55    board;
29-56                (7)  the requirements of:
29-57                      (A)  the open meetings law, Chapter 551,
29-58    Government Code;
29-59                      (B)  the public information law, Chapter 552,
29-60    Government Code;
29-61                      (C)  the administrative procedure law, Chapter
29-62    2001, Government Code; and
29-63                      (D)  other laws relating to public officials,
29-64    including conflict-of-interest laws; and
29-65                (8)  any applicable ethics policies adopted by the
29-66    board or the Texas Ethics Commission.
29-67          (c)  A person appointed to the board is entitled to
29-68    reimbursement, as provided by the General Appropriations Act, for
29-69    the travel expenses incurred in attending the training program
 30-1    regardless of whether the attendance at the program occurs before
 30-2    or after the person qualifies for office.
 30-3          Sec. 2E.  INFORMATION ABOUT STANDARDS OF CONDUCT.  The
 30-4    commissioner of public health or the commissioner's designee shall
 30-5    provide to members of the board, as often as necessary, information
 30-6    regarding the requirements for office under this Act, including
 30-7    information regarding a person's responsibilities under applicable
 30-8    laws relating to standards of conduct for state officers.
 30-9          Sec. 2F.  DIVISION OF POLICY AND MANAGEMENT RESPONSIBILITIES.
30-10    The board shall develop and implement policies that clearly
30-11    separate the policymaking responsibilities of the board and the
30-12    management responsibilities of the commissioner of public health
30-13    and the staff of the Texas Department of Health.
30-14          SECTION 13.03.  Section 3, Chapter 498, Acts of the 62nd
30-15    Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
30-16    Civil Statutes), is amended by amending Subsection (a) and adding
30-17    Subsection (d) to read as follows:
30-18          (a)  The governor shall designate a member of the board as
30-19    the chairman of the board to serve in that capacity at the will of
30-20    the governor.  The board shall elect from its members for a term of
30-21    one year[,] a [chairman,] vice chairman[,] and secretary-treasurer,
30-22    and may appoint such committees as it considers necessary to carry
30-23    out its duties.
30-24          (d)  The board shall develop and implement policies that
30-25    provide the public with a reasonable opportunity to appear before
30-26    the board and to speak on any issue under the jurisdiction of the
30-27    board.
30-28          SECTION 13.04.  Chapter 498, Acts of the 62nd Legislature,
30-29    Regular Session, 1971 (Article 4512d, Vernon's Texas Civil
30-30    Statutes), is amended by adding Section 4A to read as follows:
30-31          Sec. 4A.  COMPLAINTS.  (a)  The board shall maintain a file
30-32    on each written complaint filed with the board.  The file must
30-33    include:
30-34                (1)  the name of the person who filed the complaint;
30-35                (2)  the date the complaint is received by the board;
30-36                (3)  the subject matter of the complaint;
30-37                (4)  the name of each person contacted in relation to
30-38    the complaint;
30-39                (5)  a summary of the results of the review or
30-40    investigation of the complaint; and
30-41                (6)  an explanation of the reason the file was closed,
30-42    if the board closed the file without taking action other than to
30-43    investigate the complaint.
30-44          (b)  The board shall provide to the person filing the
30-45    complaint and to each person who is a subject of the complaint a
30-46    copy of the board's policies and procedures relating to complaint
30-47    investigation and resolution.
30-48          (c)  The board, at least quarterly until final disposition of
30-49    the complaint, shall notify the person filing the complaint and
30-50    each person who is a subject of the complaint of the status of the
30-51    investigation unless the notice would jeopardize an undercover
30-52    investigation.
30-53          SECTION 13.05.  Section 5, Chapter 498, Acts of the 62nd
30-54    Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
30-55    Civil Statutes), is amended by amending  Subsection (c) and adding
30-56    Subsection (j) to read as follows:
30-57          (c)  The board shall [establish guidelines, which may include
30-58    requirements for continuing education, for athletic trainers in the
30-59    state and] prepare and conduct an examination for applicants for a
30-60    license.
30-61          (j)  The board shall recognize, prepare, or administer
30-62    continuing education programs for its license holders.  A license
30-63    holder must participate in the programs to the extent required by
30-64    the board to keep the person's license.
30-65          SECTION 13.06.  Chapter 498, Acts of the 62nd Legislature,
30-66    Regular Session, 1971 (Article 4512d, Vernon's Texas Civil
30-67    Statutes), is amended by adding Section 5A to read as follows:
30-68          Sec. 5A.  RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING.
30-69    (a)  The board may not adopt rules restricting advertising or
 31-1    competitive bidding  by a license holder except to prohibit false,
 31-2    misleading, or deceptive practices.
 31-3          (b)  In its rules to prohibit false, misleading, or deceptive
 31-4    practices, the board may not include a rule that:
 31-5                (1)  restricts the use of any medium for advertising;
 31-6                (2)  restricts the use of a license holder's personal
 31-7    appearance or voice in an advertisement;
 31-8                (3)  relates to the size or duration of an
 31-9    advertisement by the license holder; or
31-10                (4)  restricts the license holder's advertisement under
31-11    a trade name.
31-12          SECTION 13.07.  Section 11, Chapter 498, Acts of the 62nd
31-13    Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
31-14    Civil Statutes), is amended by amending Subsections (b)-(e) to read
31-15    as follows:
31-16          (b)  A person who is otherwise eligible to renew a license
31-17    may renew an unexpired license by paying to the board before the
31-18    expiration date of the license the required renewal fee.  A person
31-19    whose license has expired may not engage in activities that require
31-20    a license until the license has been renewed.
31-21          (c)  If a person's license has been expired for not longer
31-22    than 90 days, the person may renew the license by paying to the
31-23    board a renewal fee that is 1-1/2 times the normally required
31-24    renewal fee [and a fee that is one-half of the examination fee for
31-25    the license].
31-26          (d)  If a person's license has been expired for longer than
31-27    90 days but less than one year [two years], the person may renew
31-28    the license by paying to the board [all unpaid renewal fees and] a
31-29    renewal fee that is equal to two times the normally required
31-30    renewal [the examination] fee for the license.
31-31          (e)  If a person's license has been expired for one year [two
31-32    years] or longer, the person may not renew the license.  The person
31-33    may obtain a new license by submitting to reexamination and
31-34    complying with the requirements and procedures for obtaining an
31-35    original license.  However, the board may renew without
31-36    reexamination an expired license of a person who was licensed in
31-37    Texas, moved to another state, and is currently licensed and has
31-38    been in practice in the other state for the two years preceding the
31-39    date of application.  The person must pay to the board a fee that
31-40    is equal to two times the normally required renewal [the
31-41    examination] fee for the license.
31-42          SECTION 13.08.  Section 12, Chapter 498, Acts of the 62nd
31-43    Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
31-44    Civil Statutes), is amended to read as follows:
31-45          Sec. 12.  GROUNDS FOR DENIAL, SUSPENSION, OR REVOCATION OF
31-46    LICENSE.  (a)  The board may refuse to issue a license to an
31-47    applicant and shall reprimand a licensee or [may] suspend, [or]
31-48    revoke, or refuse to renew the license of any licensee if he has:
31-49                (1)  been convicted of a felony or misdemeanor
31-50    involving moral turpitude, the record of conviction being
31-51    conclusive evidence of conviction; [or]
31-52                (2)  secured [secure] the license by fraud or deceit;
31-53    or
31-54                (3)  violated or conspired to violate the provisions of
31-55    this Act or rules and regulations issued pursuant to this Act.
31-56          (b)  The board may place on probation a person whose license
31-57    is suspended.  If a suspension is probated, the board may require
31-58    the person:
31-59                (1)  to report regularly to the board on matters that
31-60    are the basis of the probation;
31-61                (2)  to limit practice to the areas prescribed by the
31-62    board; or
31-63                (3)  to continue or review professional education until
31-64    the person attains a degree of skill satisfactory to the board in
31-65    those areas that are the basis of the probation.
31-66          SECTION 13.09.  Chapter 498, Acts of the 62nd Legislature,
31-67    Regular Session, 1971 (Article 4512d, Vernon's Texas Civil
31-68    Statutes), is amended by adding Sections 15A and 15B to read as
31-69    follows:
 32-1          Sec. 15A.  IMPOSITION OF ADMINISTRATIVE PENALTY.  (a)  The
 32-2    board may impose an administrative penalty on a person licensed
 32-3    under this Act who violates this Act or a rule or order adopted
 32-4    under this Act. A penalty collected under this section or Section
 32-5    15B of this Act shall be deposited in the state treasury in the
 32-6    general revenue fund.
 32-7          (b)  A proceeding to impose the penalty is considered to be a
 32-8    contested case under Chapter 2001, Government Code.
 32-9          (c)  The amount of the penalty may not exceed $500 for each
32-10    violation, and each day a violation continues or occurs is a
32-11    separate violation for purposes of imposing a penalty.  The total
32-12    amount of the penalty assessed for a violation continuing or
32-13    occurring on separate days under this subsection may not exceed
32-14    $2,500.
32-15          (d)  The amount shall be based on:
32-16                (1)  the seriousness of the violation, including the
32-17    nature, circumstances, extent, and gravity of the violation;
32-18                (2)  the threat to health or safety caused by the
32-19    violation;
32-20                (3)  the history of previous violations;
32-21                (4)  the amount necessary to deter a future violation;
32-22                (5)  whether the violator demonstrated good faith,
32-23    including when applicable whether the violator made good faith
32-24    efforts to correct the violation; and
32-25                (6)  any other matter that justice may require.
32-26          (e)  If the executive secretary determines that a violation
32-27    occurred, the executive secretary shall give written notice of the
32-28    violation by certified mail to the person.
32-29          (f)  The notice under Subsection (e) of this section must:
32-30                (1)  include a brief summary of the alleged violation;
32-31                (2)  state the amount of the recommended penalty; and
32-32                (3)  inform the person of the person's right to a
32-33    hearing on the occurrence of the violation, the amount of the
32-34    penalty, or both.
32-35          (g)  Within 20 days after the date the person receives the
32-36    notice under Subsection (e) of this section, the person in writing
32-37    may:
32-38                (1)  accept the determination and recommended penalty
32-39    of the executive secretary; or
32-40                (2)  make a request for a hearing on the occurrence of
32-41    the violation, the amount of the penalty, or both.
32-42          (h)  If the person accepts the determination and recommended
32-43    penalty or if the person fails to respond to the notice, the board
32-44    by order shall approve the determination and impose the recommended
32-45    penalty.
32-46          (i)  If the person requests a hearing, the board shall refer
32-47    the matter to the State Office of Administrative Hearings, which
32-48    shall promptly set a hearing date and give written notice of the
32-49    time and place of the hearing to the person. An administrative law
32-50    judge of the State Office of Administrative Hearings shall conduct
32-51    the hearing.
32-52          (j)  The administrative law judge shall make findings of fact
32-53    and conclusions of law and promptly issue to the board a proposal
32-54    for a decision about the occurrence of the violation and the amount
32-55    of a proposed penalty.
32-56          (k)  Based on the findings of fact, conclusions of law, and
32-57    proposal for a decision, the board by order may:
32-58                (1)  find that a violation occurred and impose a
32-59    penalty; or
32-60                (2)  find that a violation did not occur.
32-61          (l)  The notice of the board's order under Subsection (k) of
32-62    this section that is sent to the person in accordance with Chapter
32-63    2001, Government Code, must include a statement of the right of the
32-64    person to judicial review of the order.
32-65          Sec. 15B.  PAYMENT AND COLLECTION OF ADMINISTRATIVE PENALTY;
32-66    JUDICIAL REVIEW.  (a)  Within 30 days after the date an order of
32-67    the board under Subsection (k) of Section 15A of this Act that
32-68    imposes an administrative penalty becomes  final, the person shall:
32-69                (1)  pay the penalty; or
 33-1                (2)  file a petition for judicial review of the board's
 33-2    order contesting the occurrence of the violation, the amount of the
 33-3    penalty, or both.
 33-4          (b)  Within the 30-day period prescribed by Subsection (a) of
 33-5    this section, a person who files a petition for judicial review
 33-6    may:
 33-7                (1)  stay enforcement of the penalty by:
 33-8                      (A)  paying the penalty to the court for
 33-9    placement in an escrow account; or
33-10                      (B)  giving the court a supersedeas bond approved
33-11    by the court that:
33-12                            (i)  is for the amount of the penalty; and
33-13                            (ii)  is effective until all judicial
33-14    review of the board's order is final; or
33-15                (2)  request the court to stay enforcement of the
33-16    penalty by:
33-17                      (A)  filing with the court a sworn affidavit of
33-18    the person stating that the person is financially unable to pay the
33-19    penalty and is financially unable to give the supersedeas bond; and
33-20                      (B)  sending a copy of the affidavit to the board
33-21    by certified mail.
33-22          (c)  If the board receives a copy of an affidavit under
33-23    Subsection (b)(2) of this section, the board may file with the
33-24    court, within five days after the date the copy is received, a
33-25    contest to the affidavit.  The court shall hold a hearing on the
33-26    facts alleged in the affidavit as soon as practicable and shall
33-27    stay the enforcement of the penalty on finding that the alleged
33-28    facts are true.  The person who files an affidavit has the burden
33-29    of proving that the person is financially unable to pay the penalty
33-30    or to give a supersedeas bond.
33-31          (d)  If the person does not pay the penalty and the
33-32    enforcement of the penalty is not stayed, the penalty may be
33-33    collected.  The attorney general may sue to collect the penalty.
33-34          (e)  If the court sustains the finding that a violation
33-35    occurred, the court may uphold or reduce the amount of the penalty
33-36    and order the person to pay the full or reduced amount of the
33-37    penalty.
33-38          (f)  If the court does not sustain the finding that a
33-39    violation occurred, the court shall order that a penalty is not
33-40    owed.
33-41          (g)  If the person paid the penalty and if the amount of the
33-42    penalty is reduced or the penalty is not upheld by the court, the
33-43    court shall order, when the court's judgment becomes final, that
33-44    the appropriate amount plus accrued interest be remitted to the
33-45    person within 30 days after the date that the judgment of the court
33-46    becomes final.  The interest accrues at the rate charged on loans
33-47    to depository institutions by the New York Federal Reserve Bank.
33-48    The interest shall be paid for the period beginning on the date the
33-49    penalty is paid and ending on the date the penalty is remitted.
33-50          (h)  If the person gave a supersedeas bond and the penalty is
33-51    not upheld by the court, the court shall order, when the court's
33-52    judgment becomes final, the release of the bond. If the person gave
33-53    a supersedeas bond and the amount of the penalty is reduced, the
33-54    court shall order the release of the bond after the person pays the
33-55    reduced amount.
33-56          SECTION 13.10.  (a)  The changes in law made by this Act in
33-57    the qualifications and the prohibitions applying to members of the
33-58    Advisory Board of Athletic Trainers do not affect the entitlement
33-59    of a member serving on the board immediately before September 1,
33-60    1999, to continue to serve and function as a member of the board
33-61    for the remainder of the member's term.  The changes in law apply
33-62    only to a member appointed on or after September 1, 1999.  The
33-63    changes in law made by this Act do not prohibit a person who is a
33-64    member of the board immediately before September 1, 1999, from
33-65    being reappointed to the board if the person has the qualifications
33-66    required for a member under Chapter 498, Acts of the 62nd
33-67    Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
33-68    Civil Statutes), as amended by this Act.
33-69          (b)  On the expiration of the terms of the members of the
 34-1    Advisory Board of Athletic Trainers scheduled to expire January 31,
 34-2    2001, the governor shall appoint one athletic trainer member and
 34-3    one public member to the board for terms expiring January 31, 2007,
 34-4    in accordance with Section 2, Chapter 498, Acts of the 62nd
 34-5    Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
 34-6    Civil Statutes), as amended by this Act. On the expiration of the
 34-7    terms of the members of the board  scheduled to expire January 31,
 34-8    2003, the governor shall appoint one athletic trainer member and
 34-9    one public member to the board for terms expiring January 31, 2009,
34-10    in accordance with Section 2, Chapter 498, Acts of the 62nd
34-11    Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
34-12    Civil Statutes), as amended by this Act.  If a vacancy occurs in a
34-13    position scheduled to expire January 31, 2001, the governor shall
34-14    appoint a public member to serve the remainder of the term if an
34-15    athletic trainer member remains in the other position scheduled to
34-16    expire on that date.  If a vacancy occurs in a position scheduled
34-17    to expire January 31, 2003, the governor shall appoint a public
34-18    member to serve the remainder of the term if an athletic trainer
34-19    member remains in the other position scheduled to expire on that
34-20    date.
34-21          SECTION 13.11.  The change in law made by this Act to
34-22    Subsections (d) and (e), Section 11, Chapter 498, Acts of the 62nd
34-23    Legislature, Regular Session, 1971 (Article 4512d, Vernon's Texas
34-24    Civil Statutes), applies only to the renewal of an expired license
34-25    on or after September 1, 2000.  An expired license may be renewed
34-26    before that date in accordance with Subsections (d) and (e) of
34-27    Section 11 as they existed immediately before the effective date of
34-28    this Act, and the prior law is continued in effect for this limited
34-29    purpose.
34-30     ARTICLE 14.  STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE
34-31               REGULATION OF RESPIRATORY CARE PRACTITIONERS
34-32          SECTION 14.01.  Chapter 829, Acts of the 69th Legislature,
34-33    Regular Session, 1985 (Article 4512l, Vernon's Texas Civil
34-34    Statutes), is amended by adding Sections 3A and 3B to read as
34-35    follows:
34-36          Sec. 3A.  NOTIFICATION OF EXAMINATION RESULTS.  (a)  Not
34-37    later than the 30th day after the date a person takes a
34-38    certification examination under this Act, the department shall
34-39    notify the person of the results of the examination.
34-40          (b)  If the examination is graded or reviewed by a testing
34-41    service:
34-42                (1)  the department shall notify the person of the
34-43    results of the examination not later than the 14th day after the
34-44    date the department receives the results from the testing service;
34-45    and
34-46                (2)  if notice of the examination results will be
34-47    delayed for longer than 90 days after the examination date, the
34-48    department shall notify the person of the reason for the delay
34-49    before the 90th day.
34-50          (c)  The department may require a testing service to notify a
34-51    person of the results of the person's examination.
34-52          (d)  If requested in writing by a person who fails a
34-53    certification examination administered under this Act, the
34-54    department shall furnish the person with an analysis of the
34-55    person's performance on the examination.
34-56          Sec. 3B.  RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING.
34-57    (a)  The board of health may not adopt rules restricting
34-58    advertising or competitive bidding by a temporary permit or
34-59    certificate holder except to prohibit false, misleading, or
34-60    deceptive practices.
34-61          (b)  In its rules to prohibit false, misleading, or deceptive
34-62    practices, the board of health may not include a rule that:
34-63                (1)  restricts the use of any medium for advertising;
34-64                (2)  restricts the use of a temporary permit or
34-65    certificate holder's personal appearance or voice in an
34-66    advertisement;
34-67                (3)  relates to the size or duration of an
34-68    advertisement by the temporary permit or certificate holder; or
34-69                (4)  restricts the temporary permit or certificate
 35-1    holder's advertisement under a trade name.
 35-2          SECTION 14.02.  Section 7, Chapter 829, Acts of the 69th
 35-3    Legislature, Regular Session, 1985 (Article 4512l, Vernon's Texas
 35-4    Civil Statutes), is amended to read as follows:
 35-5          Sec. 7.  RENEWAL OF CERTIFICATE.  (a)  Except as otherwise
 35-6    provided by this section, a certificate shall be renewed annually
 35-7    or biennially as determined by the board of health.  The department
 35-8    shall mail a notice of renewal not later than the 30th day before
 35-9    the expiration of the certificate to each person who holds a valid
35-10    certificate at the person's last known address.  The certificate
35-11    holder shall complete the notice of renewal and shall return it to
35-12    the department with the renewal fee on or before the date of
35-13    expiration.  A person whose temporary permit or certificate has
35-14    expired may not engage in activities that require a temporary
35-15    permit or certificate until the temporary permit or certificate has
35-16    been renewed.
35-17          (b)  On receipt of the completed notice of renewal and
35-18    payment of the renewal fee, the department shall issue to the
35-19    certificate holder a certificate for the current renewal period.
35-20    The renewal is valid for the period stated on the renewal
35-21    certificate.  The board of health shall establish uniform
35-22    continuing education requirements for the renewal of the
35-23    certificate of not less than six nor more than 12 continuing
35-24    education hours per renewal period.  The board of health may adopt
35-25    rules relating to the attainment of the continuing education
35-26    requirements in hardship situations.
35-27          (c)  A person whose certificate has been expired for 90 days
35-28    or less may renew the certificate by paying to the department a
35-29    renewal fee that is equal to 1-1/2 times the normally required
35-30    renewal fee.
35-31          (d)  A person whose certificate has been expired for more
35-32    than 90 days but less than one year may renew the certificate by
35-33    paying to the department a renewal fee that is equal to two times
35-34    the normally required renewal fee.
35-35          (e)  A person whose certificate has been expired for one year
35-36    or more may not renew the certificate.  The person may obtain a new
35-37    certificate by complying with the requirements and procedures,
35-38    including the examination requirements, for obtaining an original
35-39    certificate.
35-40          (f)  A person who was certified in this state, moved to
35-41    another state, and is currently certified and has been in practice
35-42    in the other state for the two years preceding the date of
35-43    application may obtain a new certificate without reexamination.
35-44    The person must pay to the department a fee that is equal to two
35-45    times the normally required renewal fee for the certificate.
35-46          (g)  [A certificate holder who fails to renew the certificate
35-47    on or before the expiration date may reinstate the certificate
35-48    within the time set by the board of health on payment of the
35-49    renewal fee and a reinstatement fee.]
35-50          [(d)]  A respiratory care practitioner who does not engage in
35-51    the practice of respiratory care during a subsequent renewal period
35-52    and who notifies the department of the inactivity is not required
35-53    to pay the renewal fee as long as that practitioner remains
35-54    inactive.  If the practitioner desires to resume the practice of
35-55    respiratory care, the practitioner must notify the department and
35-56    must satisfy the requirements of the board of health in addition to
35-57    remitting the renewal fee for the current renewal period and the
35-58    reinstatement fee.
35-59          SECTION 14.03.  Chapter 829, Acts of the 69th Legislature,
35-60    Regular Session, 1985 (Article 4512l, Vernon's Texas Civil
35-61    Statutes), is amended by adding Section 7A to read as follows:
35-62          Sec. 7A.  STAGGERED RENEWAL DATES.  The board of health by
35-63    rule may adopt a system under which certificates expire on various
35-64    dates during the year.  For the year in which the certificate
35-65    expiration date is changed, the department shall prorate
35-66    certificate fees on a monthly basis so that each certificate holder
35-67    pays only that portion of the certificate fee that is allocable to
35-68    the number of months during which the certificate is valid. On
35-69    renewal of the certificate on the new expiration date, the total
 36-1    certificate renewal fee is payable.
 36-2     ARTICLE 15.  STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE
 36-3                   REGISTRATION OF DISPENSING OPTICIANS
 36-4          SECTION 15.01.  Subsection (b), Section 5, Opticians'
 36-5    Registry Act (Article 4551-1, Vernon's Texas Civil Statutes), is
 36-6    amended to read as follows:
 36-7          (b)  The board may not adopt substantive rules relating to
 36-8    this Act other than substantive rules described by Subsection (a)
 36-9    of this section, Subsection (b) of Section 9 of this Act, and
36-10    Section 5A of this Act.
36-11          SECTION 15.02.  The Opticians' Registry Act (Article 4551-1,
36-12    Vernon's Texas Civil Statutes) is amended by adding Section 5A to
36-13    read as follows:
36-14          Sec. 5A.  RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING.
36-15    (a)  The board may not adopt rules restricting advertising or
36-16    competitive bidding  by a registrant except to prohibit false,
36-17    misleading, or deceptive practices.
36-18          (b)  In its rules to prohibit false, misleading, or deceptive
36-19    practices, the board may not include a rule that:
36-20                (1)  restricts the use of any medium for advertising;
36-21                (2)  restricts the use of a registrant's personal
36-22    appearance or voice in an advertisement;
36-23                (3)  relates to the size or duration of an
36-24    advertisement by the registrant; or
36-25                (4)  restricts the registrant's advertisement under a
36-26    trade name.
36-27          SECTION 15.03.  Section 7, Opticians' Registry Act (Article
36-28    4551-1, Vernon's Texas Civil Statutes), is amended by adding
36-29    Subsections (c)-(f) to read as follows:
36-30          (c)  Not later than the 30th day after the date a person
36-31    takes a qualifying examination under this Act, the department
36-32    shall notify the person of the results of the examination.
36-33          (d)  If the examination is graded or reviewed by a testing
36-34    service:
36-35                (1)  the department shall notify the person of the
36-36    results of the examination not later than the 14th day after the
36-37    date the department receives the results from the testing service;
36-38    and
36-39                (2)  if notice of the examination results will be
36-40    delayed for longer than 90 days after the examination date, the
36-41    department shall notify the person of the reason for the delay
36-42    before the 90th day.
36-43          (e)  The department may require a testing service to notify a
36-44    person of the results of the person's examination.
36-45          (f)  If requested in writing by a person who fails a
36-46    qualifying examination administered under this Act, the department
36-47    shall furnish the person with an analysis of the person's
36-48    performance on the examination.
36-49          SECTION 15.04.  Section 9, Opticians' Registry Act (Article
36-50    4551-1, Vernon's Texas Civil Statutes), is amended to read as
36-51    follows:
36-52          Sec. 9.  RENEWAL OF REGISTRATION.  (a)  A certificate of
36-53    registration issued under this Act is valid for one year from the
36-54    date of issuance.  To renew the registration, the registrant must
36-55    submit an application for renewal in the manner prescribed by the
36-56    board.
36-57          (b)  The application must be accompanied by [a renewal fee
36-58    and] evidence that the applicant has successfully completed the
36-59    continuing education courses required by board rule.  The board
36-60    shall recognize, prepare, or administer continuing education
36-61    programs for its registrants. A registrant must participate in the
36-62    programs to the extent required by the board to keep the person's
36-63    certificate of registration.  The board may not require more than
36-64    10 classroom hours of continuing education courses per year.
36-65          (c) [(b)]  The department shall adopt a system under which
36-66    registrations expire and are renewed on various dates of the year.
36-67          (d)  A person who is otherwise eligible to renew a
36-68    certificate of registration may renew an unexpired certificate by
36-69    paying the required renewal fee to the department before the
 37-1    expiration date of the certificate.  A person whose certificate of
 37-2    registration has expired may not make a representation for which a
 37-3    certificate of registration is required under Section 4 of this Act
 37-4    until the certificate has been renewed.
 37-5          (e)  A person whose certificate of registration has been
 37-6    expired for 90 days or less may renew the certificate by paying to
 37-7    the department a renewal fee that is equal to 1-1/2 times the
 37-8    normally required renewal fee.
 37-9          (f)  A person whose certificate of registration has been
37-10    expired for more than 90 days but less than one year may renew the
37-11    certificate by paying to the department a renewal fee that is equal
37-12    to two times the normally required renewal fee.
37-13          (g)  A person whose certificate of registration has been
37-14    expired for one year or more may not renew the certificate.  The
37-15    person may obtain a new certificate of registration by complying
37-16    with the requirements and procedures, including the examination
37-17    requirements, for an original certificate.
37-18          (h)  A person who was registered in this state, moved to
37-19    another state, and is currently licensed or registered and has been
37-20    in practice in the other state for the two years preceding the date
37-21    of application may obtain a new certificate of registration without
37-22    reexamination.  The person must pay to the department a fee that is
37-23    equal to two times the normally required renewal fee for the
37-24    certificate.
37-25          (i)  Not later than the 30th day before the date a person's
37-26    certificate of registration is scheduled to expire, the department
37-27    shall send written notice of the impending expiration to the person
37-28    at the person's last known address according to the records of the
37-29    department.
37-30          [(c)  A person registered under this Act who does not renew
37-31    the registration by the expiration date may renew the registration
37-32    not later than the 180th day after the expiration date by paying a
37-33    late registration fee as prescribed by the board.]
37-34          [(d)  The registration of a person who fails to meet the
37-35    renewal requirements under this section is void until the person
37-36    submits a new application, pays the appropriate fees, and meets the
37-37    current requirements for registration.]
37-38          SECTION 15.05.  Section 12, Opticians' Registry Act (Article
37-39    4551-1, Vernon's Texas Civil Statutes), is amended to read as
37-40    follows:
37-41          Sec. 12.  DENIAL, SUSPENSION, REVOCATION, AND PROBATION.  (a)
37-42    The department shall [may] refuse to issue a certificate of
37-43    registration to an applicant, suspend or revoke a certificate of
37-44    registration, or reprimand [place on probation] an individual who
37-45    is registered under this Act if the individual:
37-46                (1)  obtains a certificate by means of fraud,
37-47    misrepresentation, or concealment of material facts;
37-48                (2)  sells, barters, or offers to sell or barter a
37-49    certificate of registration;
37-50                (3)  violates a lawful rule adopted by the board;
37-51                (4)  violates Section 4 of this Act; or
37-52                (5)  practices medicine or optometry without a license.
37-53          (b)  The board may place on probation a person whose
37-54    registration is suspended.  If the suspension is probated, the
37-55    board may require the person:
37-56                (1)  to report regularly to the department on matters
37-57    that are the basis of the probation;
37-58                (2)  to limit practice to the areas prescribed by the
37-59    board; or
37-60                (3)  to continue or review professional education until
37-61    the person attains a degree of skill satisfactory to the board in
37-62    those areas that are the basis of the probation.
37-63          (c)  A person whose application of registration is denied,
37-64    whose registration is suspended[,] or revoked, or who is
37-65    reprimanded is entitled to a hearing before the department if the
37-66    person submits a written request for a hearing to the department.
37-67    A hearing is governed by department rules for a contested hearing
37-68    and by Chapter 2001, Government Code [the Administrative Procedure
37-69    and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
 38-1    Statutes)].
 38-2     ARTICLE 16.  STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE
 38-3             REGULATION OF MEDICAL RADIOLOGICAL TECHNOLOGISTS
 38-4          SECTION 16.01.  Section 2.05(d), Medical Radiologic
 38-5    Technologist Certification Act (Article 4512m, Vernon's Texas Civil
 38-6    Statutes), is amended to read as follows:
 38-7          (d)  The Texas Board of Health:
 38-8                (1)  may establish guidelines;
 38-9                (2)  shall prepare, recognize, or administer [, which
38-10    may include requirements for] continuing education programs for
38-11    medical radiologic technologists in which a medical radiologic
38-12    technologist must participate, to the extent required by the board,
38-13    to keep the person's certificate;[,] and
38-14                (3)  [the Texas Board of Health] may prepare and
38-15    conduct an examination for applicants for a certificate.
38-16          SECTION 16.02.  The Medical Radiologic Technologist
38-17    Certification Act (Article 4512m, Vernon's Texas Civil Statutes) is
38-18    amended by adding Section 2.055 to read as follows:
38-19          Sec. 2.055.  RULES REGARDING ADVERTISING OR COMPETITIVE
38-20    BIDDING.  (a)  The Texas Board of Health may not adopt rules
38-21    restricting advertising or competitive bidding by a medical
38-22    radiologic technologist except to prohibit false, misleading, or
38-23    deceptive practices.
38-24          (b)  In its rules to prohibit false, misleading, or deceptive
38-25    practices, the board may not include a rule that:
38-26                (1)  restricts the use of any medium for advertising;
38-27                (2)  restricts the use of a medical radiologic
38-28    technologist's personal appearance or voice in an advertisement;
38-29                (3)  relates to the size or duration of an
38-30    advertisement by the medical radiologic technologist; or
38-31                (4)  restricts the medical radiologic technologist's
38-32    advertisement under a trade name.
38-33          SECTION 16.03.  The Medical Radiologic Technologist
38-34    Certification Act (Article 4512m, Vernon's Texas Civil Statutes) is
38-35    amended by adding Section 2.075 to read as follows:
38-36          Sec. 2.075.  PROVISIONAL CERTIFICATES.  (a)  The Texas Board
38-37    of Health may issue a provisional certificate to an applicant
38-38    currently licensed or certified in another jurisdiction who seeks
38-39    certification in this state and who:
38-40                (1)  has been licensed or certified in good standing as
38-41    a medical radiologic technologist for at least two years in another
38-42    jurisdiction, including a foreign country, that has licensing or
38-43    certification requirements substantially equivalent to the
38-44    requirements of this Act;
38-45                (2)  has  passed  a  national  or other  examination
38-46    recognized by the board relating to the practice of radiologic
38-47    technology; and
38-48                (3)  is sponsored by a medical radiologic technologist
38-49    certified by the board under this Act with whom the provisional
38-50    certificate holder will practice during the time the person holds a
38-51    provisional certificate.
38-52          (b)  The board may waive the requirement of Subsection (a)(3)
38-53    for an applicant if the board determines that compliance with that
38-54    subsection would be a hardship to the applicant.
38-55          (c)  A provisional certificate is valid until the date the
38-56    board approves or denies the provisional certificate holder's
38-57    application for a certificate.  The board shall issue a certificate
38-58    under this Act to the provisional certificate holder if:
38-59                (1)  the provisional certificate holder is eligible to
38-60    be certified  under Section 2.05(c) of this Act; or
38-61                (2)  the provisional certificate holder passes the part
38-62    of the examination under Section 2.05(d) of this Act that relates
38-63    to the applicant's knowledge and understanding of the laws and
38-64    rules relating to the practice of radiologic technology in this
38-65    state and:
38-66                      (A)  the board verifies that the provisional
38-67    certificate holder meets the academic and experience requirements
38-68    for a certificate under this Act; and
38-69                      (B)  the provisional certificate holder satisfies
 39-1    any other licensing requirements under this Act.
 39-2          (d)  The board must approve or deny a provisional certificate
 39-3    holder's application for a certificate not later than the 180th day
 39-4    after the date the provisional certificate is issued.  The board
 39-5    may extend the 180-day period if the results of an examination have
 39-6    not been received by the board before the end of that period.
 39-7          (e)  The board may establish a fee for provisional
 39-8    certificates in an amount reasonable and necessary to cover the
 39-9    cost of issuing the certificate.
39-10          SECTION 16.04.  Section 2.09, Medical Radiologic Technologist
39-11    Certification Act (Article 4512m, Vernon's Texas Civil Statutes),
39-12    is amended by amending Subsection (d) and adding Subsections
39-13    (e)-(j) to read as follows:
39-14          (d)  The Texas Board of Health may set fees for examination
39-15    and[,] certificate issuance[, and certificate renewal].  The Texas
39-16    Board of Health shall set the fees in amounts that are reasonable
39-17    to cover the costs of administering this Act without the use of
39-18    additional general revenue funds.
39-19          (e)  A person who is otherwise eligible to renew a
39-20    certificate may renew an unexpired certificate  by paying the
39-21    required renewal fee to the department before the expiration date
39-22    of the certificate. A person whose certificate has expired may not
39-23    engage in activities that require a certificate until the
39-24    certificate has been renewed.
39-25          (f)  A person whose certificate  has been expired for 90 days
39-26    or less may renew the certificate  by paying to the department a
39-27    renewal fee that is equal to 1-1/2 times the normally required
39-28    renewal fee.
39-29          (g)  A person whose certificate has been expired for more
39-30    than 90 days but less than one year may renew the certificate by
39-31    paying to the department a renewal fee that is equal to two times
39-32    the normally required renewal fee.
39-33          (h)  A person whose certificate has been expired for one year
39-34    or more may not renew the certificate. The person may obtain a new
39-35    certificate  by complying with the requirements and procedures,
39-36    including the examination requirements, for an original
39-37    certificate.
39-38          (i)  A person who held a certificate in this state, moved to
39-39    another state, and currently holds a certificate or license and has
39-40    been in practice in the other state for the two years preceding the
39-41    date of application may obtain a new certificate without
39-42    reexamination.  The person must pay to the department a fee that is
39-43    equal to two times the normally required renewal fee for the
39-44    certificate.
39-45          (j)  Not later than the 30th day before the date a person's
39-46    certificate is scheduled to expire, the department shall send
39-47    written notice of the impending expiration to the person at the
39-48    person's last known address according to the records of the
39-49    department.
39-50          SECTION 16.05.  The Medical Radiologic Technologist
39-51    Certification Act (Article 4512m, Vernon's Texas Civil Statutes) is
39-52    amended by adding Sections 2.091 and 2.092 to read as follows:
39-53          Sec. 2.091.  NOTIFICATION OF EXAMINATION RESULTS.  (a)  Not
39-54    later than the 30th day after the date a person takes an
39-55    examination for a certificate under this Act, the department shall
39-56    notify the person of the results of the examination.
39-57          (b)  If the examination is graded or reviewed by a testing
39-58    service:
39-59                (1)  the department shall notify the person of the
39-60    results of the examination not later than the 14th day after the
39-61    date the department receives the results from the testing service;
39-62    and
39-63                (2)  if notice of the examination results will be
39-64    delayed for longer than 90 days after the examination date, the
39-65    department shall notify the person of the reason for the delay
39-66    before the 90th day.
39-67          (c)  The department may require a testing service to notify a
39-68    person of the results of the person's examination.
39-69          (d)  If requested in writing by a person who fails an
 40-1    examination for a certificate administered under this Act, the
 40-2    department shall furnish the person with an analysis of the
 40-3    person's performance on the examination.
 40-4          Sec. 2.092.  STAGGERED RENEWAL DATES.  The Texas Board of
 40-5    Health by rule may adopt a system under which certificates expire
 40-6    on various dates during the year.  For the year in which the
 40-7    certificate expiration date is changed, the department shall
 40-8    prorate certificate fees on a monthly basis so that each
 40-9    certificate holder pays only that portion of the certificate fee
40-10    that is allocable to the number of months during which the
40-11    certificate is valid. On renewal of the certificate on the new
40-12    expiration date, the total certificate renewal fee is payable.
40-13      ARTICLE 17.  ADMINISTRATIVE PENALTY AND STANDARD SUNSET REVIEW
40-14         PROVISIONS APPLICABLE TO THE TEXAS BOARD OF LICENSURE FOR
40-15                      PROFESSIONAL MEDICAL PHYSICISTS
40-16          SECTION 17.01.  Section 5(d), Texas Medical Physics Practice
40-17    Act (Article 4512n, Vernon's Texas Civil Statutes), is amended to
40-18    read as follows:
40-19          (d)  Appointments to the board shall be made without regard
40-20    to the race, color, disability, creed, sex, religion, age, or
40-21    national origin of the appointee.
40-22          SECTION 17.02.  Section 7(d), Texas Medical Physics Practice
40-23    Act (Article 4512n, Vernon's Texas Civil Statutes), is amended to
40-24    read as follows:
40-25          (d)  A [The] public member of the board must be a resident of
40-26    this state for four years preceding appointment.  A person may not
40-27    be a public member of the board if the person or the person's
40-28    spouse:
40-29                (1)  is registered, certified, or licensed by a
40-30    regulatory agency in the field of medical physics;
40-31                (2)  is employed by or participates in the management
40-32    of a business entity or other organization regulated by or
40-33    receiving money from the board;
40-34                (3)  owns or controls, directly or indirectly, more
40-35    than a 10 percent interest in a business entity or other
40-36    organization regulated by or receiving money from the board; or
40-37                (4)  uses or receives a substantial amount of tangible
40-38    goods, services, or money from the board other than compensation or
40-39    reimbursement authorized by law for board membership, attendance,
40-40    or expenses [and may not have a financial interest in any endeavor
40-41    related to the practice of medical physics].
40-42          SECTION 17.03.  The Texas Medical Physics Practice Act
40-43    (Article 4512n, Vernon's Texas Civil Statutes) is amended by adding
40-44    Sections 7A and 7B to read as follows:
40-45          Sec. 7A.  CONFLICT OF INTEREST.  (a)  In this section, "Texas
40-46    trade association" means a cooperative and voluntarily joined
40-47    association of business or professional competitors in this state
40-48    designed to assist its members and its industry or profession in
40-49    dealing with mutual business or professional problems and in
40-50    promoting their common interest.
40-51          (b)  A person may not be a member of the board if:
40-52                (1)  the person is an officer, employee, or paid
40-53    consultant of a Texas trade association in the field of medicine;
40-54    or
40-55                (2)  the person's spouse is an officer, manager, or
40-56    paid consultant of a Texas trade association in the field of
40-57    medicine.
40-58          (c)  A person may not be a member of the board if the person
40-59    is required to register as a lobbyist under Chapter 305, Government
40-60    Code, because of the person's activities for compensation on behalf
40-61    of a profession related to the operation of the board.
40-62          Sec. 7B.  TRAINING.  (a)  A person who is appointed to and
40-63    qualifies for office as a member of the board may not vote,
40-64    deliberate, or be counted as a member in attendance at a meeting of
40-65    the board until the person completes a training program that
40-66    complies with this section.
40-67          (b)  The training program must provide the person with
40-68    information regarding:
40-69                (1)  the legislation that created the board;
 41-1                (2)  the programs operated by the board;
 41-2                (3)  the role and functions of the board;
 41-3                (4)  the rules of the board, with an emphasis on the
 41-4    rules that relate to disciplinary and investigatory authority;
 41-5                (5)  the current budget for the board;
 41-6                (6)  the results of the most recent formal audit of the
 41-7    board;
 41-8                (7)  the requirements of:
 41-9                      (A)  the open meetings law, Chapter 551,
41-10    Government Code;
41-11                      (B)  the public information law, Chapter 552,
41-12    Government Code;
41-13                      (C)  the administrative procedure law, Chapter
41-14    2001, Government Code; and
41-15                      (D)  other laws relating to public officials,
41-16    including conflict-of-interest laws; and
41-17                (8)  any applicable ethics policies adopted by the
41-18    board or the Texas Ethics Commission.
41-19          (c)  A person appointed to the board is entitled to
41-20    reimbursement, as provided by the General Appropriations Act, for
41-21    the travel expenses incurred in attending the training program
41-22    regardless of whether the attendance at the program occurs before
41-23    or after the person qualifies for office.
41-24          SECTION 17.04.  Section 8, Texas Medical Physics Practice Act
41-25    (Article 4512n, Vernon's Texas Civil Statutes), is amended to read
41-26    as follows:
41-27          Sec. 8.  REMOVAL FROM OFFICE.  (a)  It is a ground for
41-28    removal from the board if a member:
41-29                (1)  does not have at the time of appointment the
41-30    qualifications required by Section 7 of this Act for appointment to
41-31    the board;
41-32                (2)  does not maintain during service on the board the
41-33    qualifications required by Section 7 of this Act for appointment to
41-34    the board;
41-35                (3)  is ineligible for membership under Subsection (d)
41-36    of Section 7 of this Act or Section 7A of this Act;
41-37                (4)  cannot, because of illness or disability,
41-38    discharge the member's duties for a substantial part of the
41-39    member's term; or
41-40                (5) [(3)]  fails to attend at least half of the
41-41    regularly scheduled board meetings held in a calendar year,
41-42    excluding meetings held while the person was not a board member,
41-43    without an excuse approved by a majority of the board.
41-44          (b)  If a ground for removal of a member of the board exists,
41-45    the board's actions during the existence of the ground for removal
41-46    are not invalid for that reason.
41-47          (c)  If the commissioner of public health has knowledge that
41-48    a potential ground for removal exists, the commissioner shall
41-49    notify the presiding officer of the board of the potential ground.
41-50    The presiding officer shall then notify the governor and the
41-51    attorney general that a potential ground for removal exists.  If
41-52    the potential ground for removal involves the presiding officer,
41-53    the commissioner shall notify the next highest ranking officer of
41-54    the board, who shall then notify the governor and the attorney
41-55    general that a potential ground for removal exists.
41-56          SECTION 17.05.  Section 10, Texas Medical Physics Practice
41-57    Act (Article 4512n, Vernon's Texas Civil Statutes), is amended by
41-58    amending Subsection (a) and adding Subsection (c) to read as
41-59    follows:
41-60          (a)  The governor shall designate a member of the board as
41-61    the presiding officer of the board to serve in that capacity at the
41-62    will of the governor.  At the first regularly scheduled meeting of
41-63    each calendar year, the board shall elect from among its members [a
41-64    presiding officer and] an assistant presiding officer.
41-65          (c)  The board shall develop and implement policies that
41-66    provide the public with a reasonable opportunity to appear before
41-67    the board and to speak on any issue under the jurisdiction of the
41-68    board.
41-69          SECTION 17.06.  Section 11, Texas Medical Physics Practice
 42-1    Act (Article 4512n, Vernon's Texas Civil Statutes), is amended to
 42-2    read as follows:
 42-3          Sec. 11.  BOARD RESPONSIBILITIES.  (a)  The board shall:
 42-4                (1)  adopt and revise, with the approval of the
 42-5    department, rules that are reasonably necessary for the proper
 42-6    performance of its duties under this Act;
 42-7                (2)  determine the qualifications and fitness of
 42-8    applicants for licenses, renewal of licenses, and reciprocal
 42-9    licenses;
42-10                (3)  charge a fee for the processing and issuance or
42-11    renewal of a license under this Act in an amount necessary to cover
42-12    costs incurred by the board in administering this Act;
42-13                (4)  adopt and publish a code of ethics;
42-14                (5)  adopt an official seal;
42-15                (6)  conduct examinations for licensure under this Act;
42-16                (7)  issue, deny, renew, revoke, and suspend licenses
42-17    under this Act;
42-18                (8)  conduct hearings on complaints concerning
42-19    violations of this Act or rules adopted under this Act;
42-20                (9)  prosecute or file suit to enjoin a violation of
42-21    this Act or a rule adopted under this Act; and
42-22                (10)  [maintain a file on each complaint filed with the
42-23    board showing the status and final disposition of the complaint;
42-24    and]
42-25                [(11)]  prepare information of consumer interest
42-26    describing the regulatory functions of the board and describing the
42-27    procedures by which complaints are filed with and resolved by the
42-28    board.
42-29          (b)  The board shall recognize, [may] prepare, or [and]
42-30    administer [an optional] continuing education programs [program]
42-31    for persons licensed by the board under this Act. A license holder
42-32    must participate in the programs to the extent required by the
42-33    board to keep the person's license.
42-34          (c)  The board shall develop and implement policies that
42-35    clearly separate the policymaking responsibilities of the board and
42-36    the management responsibilities of the commissioner of public
42-37    health, the executive secretary, and the staff of the department.
42-38          SECTION 17.07.  The Texas Medical Physics Practice Act
42-39    (Article 4512n, Vernon's Texas Civil Statutes) is amended by adding
42-40    Sections 11A and 11B to read as follows:
42-41          Sec. 11A.  COMPLAINTS.  (a)  The board shall maintain a file
42-42    on each written complaint filed with the board.  The file must
42-43    include:
42-44                (1)  the name of the person who filed the complaint;
42-45                (2)  the date the complaint is received by the board;
42-46                (3)  the subject matter of the complaint;
42-47                (4)  the name of each person contacted in relation to
42-48    the complaint;
42-49                (5)  a summary of the results of the review or
42-50    investigation of the complaint; and
42-51                (6)  an explanation of the reason the file was closed,
42-52    if the board closed the file without taking action other than to
42-53    investigate the complaint.
42-54          (b)  The board shall provide to the person filing the
42-55    complaint and to each person who is a subject of the complaint a
42-56    copy of the board's policies and procedures relating to complaint
42-57    investigation and resolution.
42-58          (c)  The board, at least quarterly until final disposition of
42-59    the complaint, shall notify the person filing the complaint and
42-60    each person who is a subject of the complaint of the status of the
42-61    investigation unless the notice would jeopardize an undercover
42-62    investigation.
42-63          Sec. 11B.  RULES REGARDING ADVERTISING OR COMPETITIVE
42-64    BIDDING.  (a)  The board may not adopt rules restricting
42-65    advertising or competitive bidding by a license holder except to
42-66    prohibit false, misleading, or deceptive practices.
42-67          (b)  In its rules to prohibit false, misleading, or deceptive
42-68    practices, the board may not include a rule that:
42-69                (1)  restricts the use of any medium for advertising;
 43-1                (2)  restricts the use of a license holder's personal
 43-2    appearance or voice in an advertisement;
 43-3                (3)  relates to the size or duration of an
 43-4    advertisement by the license holder; or
 43-5                (4)  restricts the license holder's advertisement under
 43-6    a trade name.
 43-7          SECTION 17.08.  Section 12, Texas Medical Physics Practice
 43-8    Act (Article 4512n, Vernon's Texas Civil Statutes), is amended by
 43-9    adding Subsection (c) to read as follows:
43-10          (c)  The commissioner of health or the commissioner's
43-11    designee shall provide to members of the board, as often as
43-12    necessary, information regarding the requirements for office under
43-13    this Act, including information regarding a person's
43-14    responsibilities under applicable laws relating to standards of
43-15    conduct for state officers.
43-16          SECTION 17.09.  Section 18, Texas Medical Physics Practice
43-17    Act (Article 4512n, Vernon's Texas Civil Statutes), is amended to
43-18    read as follows:
43-19          Sec. 18.  LICENSING BY ENDORSEMENT OR RECIPROCITY.  (a)  On
43-20    receipt of an application and fee in accordance with Section 14 of
43-21    this Act, the board may waive any prerequisite for obtaining
43-22    [issue] a license to practice medical physics in this state to a
43-23    person who:
43-24                (1)  holds a license to practice medical or
43-25    radiological physics in another state, territory, or jurisdiction
43-26    acceptable to the board that has requirements for the licensing of
43-27    medical or radiological physicists that are substantially the same
43-28    as the requirements of this Act; or
43-29                (2)  prior to September 1, 1994:
43-30                      (A)  is a resident of a state, territory, or
43-31    jurisdiction without a medical physics licensure and/or practice
43-32    act;
43-33                      (B)  meets all other requirements for licensure
43-34    without examination in accordance with Section 19 of this Act; and
43-35                      (C)  has demonstrated to the board's satisfaction
43-36    a working knowledge of Texas rules pertaining to the license
43-37    specialty requested.
43-38          (b)  The board may waive any prerequisite for obtaining a
43-39    license to practice medical physics in this state for an applicant
43-40    who holds a license issued by another jurisdiction with which this
43-41    state has a reciprocity agreement. The board may make an agreement,
43-42    subject to the approval of the governor, with another state to
43-43    allow for licensing by reciprocity.
43-44          SECTION 17.10.  Section 21, Texas Medical Physics Practice
43-45    Act (Article 4512n, Vernon's Texas Civil Statutes), is amended to
43-46    read as follows:
43-47          Sec. 21.  DENIAL, SUSPENSION, OR REVOCATION OF LICENSE;
43-48    DISCIPLINARY ACTION.  (a)  The board shall [may] refuse to issue or
43-49    renew a license, suspend or revoke a license, or reprimand the
43-50    license holder[, or place a license holder on probation] for any of
43-51    the following:
43-52                (1)  obtaining or renewing a license by means of fraud,
43-53    misrepresentation, or concealment of material facts;
43-54                (2)  having once made application for or held a license
43-55    issued by the licensing authority of another state, territory, or
43-56    jurisdiction that was denied, suspended, or revoked by that
43-57    licensing authority;
43-58                (3)  engaging in unprofessional conduct that endangered
43-59    or is likely to endanger the health, safety, or welfare of the
43-60    public as defined by board rule;
43-61                (4)  violating this Act, a lawful order or rule of the
43-62    board, or the board's code of ethics; or
43-63                (5)  being convicted of a felony or of a misdemeanor
43-64    that involved moral turpitude or that directly relates to a
43-65    person's duties and responsibilities as a licensed medical
43-66    physicist.
43-67          (b)  The board may place on probation a person whose license
43-68    is suspended.  If a license suspension is probated, the board may
43-69    require the person:
 44-1                (1)  to report regularly to the department on matters
 44-2    that are the basis of the probation;
 44-3                (2)  to limit practice to the areas prescribed by the
 44-4    board; or
 44-5                (3)  to continue or review professional education until
 44-6    the person attains a degree of skill satisfactory to the board in
 44-7    those areas that are the basis of the probation.
 44-8          (c)  Chapter 2001, Government Code, [The Administrative
 44-9    Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
44-10    Civil Statutes)] and board rules for a contested hearing apply to
44-11    proceedings by the board under this section.
44-12          SECTION 17.11.  The Texas Medical Physics Practice Act
44-13    (Article 4512n, Vernon's Texas Civil Statutes) is amended by adding
44-14    Sections 23A and 23B to read as follows:
44-15          Sec. 23A.  IMPOSITION OF ADMINISTRATIVE PENALTY.  (a)  The
44-16    board may impose an administrative penalty on a person licensed
44-17    under this Act who violates this Act or a rule or order adopted
44-18    under this Act.  A penalty collected under this section or Section
44-19    23B of this Act shall be deposited in the state treasury in the
44-20    general revenue fund.
44-21          (b)  A proceeding to impose the penalty is considered to be a
44-22    contested case under Chapter 2001, Government Code.
44-23          (c)  The amount of the penalty may not exceed $500 for each
44-24    violation, and each day a violation continues or occurs is a
44-25    separate violation for purposes of imposing a penalty.  The total
44-26    amount of the penalty assessed for a violation continuing or
44-27    occurring on separate days under this subsection may not exceed
44-28    $2,500.
44-29          (d)  The amount shall be based on:
44-30                (1)  the seriousness of the violation, including the
44-31    nature, circumstances, extent, and gravity of the violation;
44-32                (2)  the threat to health or safety caused by the
44-33    violation;
44-34                (3)  the history of previous violations;
44-35                (4)  the amount necessary to deter a future violation;
44-36                (5)  whether the violator demonstrated good faith,
44-37    including when applicable whether the violator made good faith
44-38    efforts to correct the violation; and
44-39                (6)  any other matter that justice may require.
44-40          (e)  If the executive secretary determines that a violation
44-41    occurred, the executive secretary shall give written notice of the
44-42    report by certified mail to the person.
44-43          (f)  The notice under Subsection (e) of this section must:
44-44                (1)  include a brief summary of the alleged violation;
44-45                (2)  state the amount of the recommended penalty; and
44-46                (3)  inform the person of the person's right to a
44-47    hearing on the occurrence of the violation, the amount of the
44-48    penalty, or both.
44-49          (g)  Within 20 days after the date the person receives the
44-50    notice under Subsection (e) of this section, the person in writing
44-51    may:
44-52                (1)  accept the determination and recommended penalty
44-53    of the executive secretary; or
44-54                (2)  make a request for a hearing on the occurrence of
44-55    the violation, the amount of the penalty, or both.
44-56          (h)  If the person accepts the determination and recommended
44-57    penalty or if the person fails to respond to the notice, the board
44-58    by order shall approve the determination and impose the recommended
44-59    penalty.
44-60          (i)  If the person requests a hearing, the board shall refer
44-61    the matter to the State Office of Administrative Hearings, which
44-62    shall promptly set a hearing date and give written notice of the
44-63    time and place of the hearing to the person.  An administrative law
44-64    judge of the State Office of Administrative Hearings shall conduct
44-65    the hearing.
44-66          (j)  The administrative law judge shall make findings of fact
44-67    and conclusions of law and promptly issue to the board a proposal
44-68    for a decision about the occurrence of the violation and the amount
44-69    of a proposed penalty.
 45-1          (k)  Based on the findings of fact, conclusions of law, and
 45-2    proposal for a decision, the board by order may:
 45-3                (1)  find that a violation occurred and impose a
 45-4    penalty; or
 45-5                (2)  find that a violation did not occur.
 45-6          (l)  The notice of the board's order under Subsection (k) of
 45-7    this section that is  sent to the person in accordance with Chapter
 45-8    2001, Government Code, must include a statement of the right of the
 45-9    person to judicial review of the order.
45-10          Sec. 23B.  PAYMENT AND COLLECTION OF ADMINISTRATIVE PENALTY;
45-11    JUDICIAL REVIEW.  (a)  Within 30 days after the date an order of
45-12    the board under Subsection (k) of Section 23A of this Act that
45-13    imposes an administrative penalty becomes final, the person shall:
45-14                (1)  pay the penalty; or
45-15                (2)  file a petition for judicial review of the board's
45-16    order contesting the occurrence of the violation, the amount of the
45-17    penalty, or both.
45-18          (b)  Within the 30-day period prescribed by Subsection (a) of
45-19    this section, a person who files a petition for judicial review
45-20    may:
45-21                (1)  stay enforcement of the penalty by:
45-22                      (A)  paying the penalty to the court for
45-23    placement in an escrow account; or
45-24                      (B)  giving the court a supersedeas bond approved
45-25    by the court that:
45-26                            (i)  is for the amount of the penalty; and
45-27                            (ii)  is effective until all judicial
45-28    review of the board's order is final; or
45-29                (2)  request the court to stay enforcement of the
45-30    penalty by:
45-31                      (A)  filing with the court a sworn affidavit of
45-32    the person stating that the person is financially unable to pay the
45-33    penalty and is financially unable to give the supersedeas bond; and
45-34                      (B)  sending a copy of the affidavit to the board
45-35    by certified mail.
45-36          (c)  If the board receives a copy of an affidavit under
45-37    Subsection (b)(2) of this section, the board may file with the
45-38    court, within five days after the date the copy is received, a
45-39    contest to the affidavit.  The court shall hold a hearing on the
45-40    facts alleged in the affidavit as soon as practicable and shall
45-41    stay the enforcement of the penalty on finding that the alleged
45-42    facts are true.  The person who files an affidavit has the burden
45-43    of proving that the person is financially unable to pay the penalty
45-44    or to give a supersedeas bond.
45-45          (d)  If the person does not pay the penalty and the
45-46    enforcement of the penalty is not stayed, the penalty may be
45-47    collected.  The attorney general may sue to collect the penalty.
45-48          (e)  If the court sustains the finding that a violation
45-49    occurred, the court may uphold or reduce the amount of the penalty
45-50    and order the person to pay the full or reduced amount of the
45-51    penalty.
45-52          (f)  If the court does not sustain the finding that a
45-53    violation occurred, the court shall order that a penalty is not
45-54    owed.
45-55          (g)  If the person paid the penalty and if the amount of the
45-56    penalty is reduced or the penalty is not upheld by the court, the
45-57    court shall order, when the court's judgment becomes final, that
45-58    the appropriate amount plus accrued interest be remitted to the
45-59    person within 30 days after the date that the judgment of the court
45-60    becomes final. The interest accrues at the rate charged on loans to
45-61    depository institutions by the New York Federal Reserve Bank. The
45-62    interest shall be paid for the period beginning on the date the
45-63    penalty is paid and ending on the date the penalty is remitted.
45-64          (h)  If the person gave a supersedeas bond and the penalty is
45-65    not upheld by the court, the court shall order, when the court's
45-66    judgment becomes final, the release of the bond. If the person gave
45-67    a supersedeas bond and the amount of the penalty is reduced, the
45-68    court shall order the release of the bond after the person pays the
45-69    reduced amount.
 46-1          SECTION 17.12.  The Texas Medical Physics Practice Act
 46-2    (Article 4512n, Vernon's Texas Civil Statutes) is amended by adding
 46-3    Section 27 to read as follows:
 46-4          Sec. 27.  PROVISIONAL LICENSES.  (a)  The board may issue a
 46-5    provisional license to an applicant currently licensed or certified
 46-6    in another jurisdiction who seeks a license in this state and who:
 46-7                (1)  has been licensed or certified in good standing as
 46-8    a practitioner of medical or radiologic physics for at least two
 46-9    years in another jurisdiction, including a foreign country, that
46-10    has licensing or certification requirements substantially
46-11    equivalent to the requirements of this Act;
46-12                (2)  has passed a national or other examination
46-13    recognized by the board relating to the practice of medical or
46-14    radiologic physics; and
46-15                (3)  is sponsored by a person licensed by the board
46-16    under this Act with whom the provisional license holder will
46-17    practice during the time the person holds a provisional license.
46-18          (b)  The board may waive the requirement of Subsection (a)(3)
46-19    for an applicant if the board determines that compliance with that
46-20    subsection would be a hardship to the applicant.
46-21          (c)  A provisional license is valid until the date the board
46-22    approves or denies the provisional license holder's application for
46-23    a license.  The board shall issue a license under this Act to the
46-24    provisional license holder if:
46-25                (1)  the provisional license holder is eligible to be
46-26    certified  under Section 18 of this Act; or
46-27                (2)  the provisional license holder passes the part of
46-28    the examination under Section 16 of this Act that relates to the
46-29    applicant's knowledge and understanding of the laws and rules
46-30    relating to the practice of medical physics in this state and:
46-31                      (A)  the board verifies that the provisional
46-32    license holder meets the academic and experience requirements for a
46-33    license under this Act; and
46-34                      (B)  the provisional license holder satisfies any
46-35    other licensing requirements under this Act.
46-36          (d)  The board must approve or deny a provisional license
46-37    holder's application for a license not later than the 180th day
46-38    after the date the provisional license is issued. The board may
46-39    extend the 180-day period if the results of an examination have not
46-40    been received by the board before the end of that period.
46-41          (e)  The board may establish a fee for provisional licenses
46-42    in an amount reasonable and necessary to cover the cost of issuing
46-43    the license.
46-44          SECTION 17.13.  Subsection (e), Section 7, Texas Medical
46-45    Physics Practice Act (Article 4512n, Vernon's Texas Civil
46-46    Statutes), is repealed.
46-47          SECTION 17.14.  The changes in law made by this Act in the
46-48    prohibitions applying to members of the Texas Board of Licensure
46-49    for Professional Medical Physicists do not affect the entitlement
46-50    of a member serving on the board immediately before September 1,
46-51    1999, to continue to serve and function as a member of the board
46-52    for the remainder of the member's term.  The changes in law apply
46-53    only to a member appointed on or after September 1, 1999.
46-54       ARTICLE 18.  STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO
46-55                   THE REGULATION OF MASSAGE THERAPISTS
46-56          SECTION 18.01.  Subsection (b), Section 2, Chapter 752, Acts
46-57    of the 69th Legislature, Regular Session, 1985 (Article 4512k,
46-58    Vernon's Texas Civil Statutes), is amended to read as follows:
46-59          (b)  An individual who registers as a massage therapist under
46-60    this Act must present evidence satisfactory to the board that the
46-61    person:
46-62                (1)  has satisfactorily completed massage therapy
46-63    studies in a 300 hour, supervised course of instruction provided by
46-64    a massage therapy instructor, by a massage school registered by the
46-65    department, by a state approved educational institution, or by any
46-66    combination of instructors or schools, in which 125 hours are
46-67    dedicated to the study of Swedish massage therapy techniques taught
46-68    by a massage therapy instructor, 50 hours to the study of anatomy,
46-69    25 hours to the study of physiology, 15 hours to the study of
 47-1    hydrotherapy, 15 hours to the study of business practices and
 47-2    professional ethics standards, 20 hours to the study of health and
 47-3    hygiene, and 50 hours to an internship program; or
 47-4                (2)  [is registered as a massage therapist in another
 47-5    state or country that has and maintains standards and requirements
 47-6    of practice and licensing or registration that substantially
 47-7    conform to those of this state, as determined by the department; or]
 47-8                [(3)]  has practiced massage therapy as a profession
 47-9    for not less than five years in another state or country that does
47-10    not have or maintain standards and requirements of practice and
47-11    licensing or registration that substantially conform to those of
47-12    this state, as determined by the department.
47-13          SECTION 18.02.  Chapter 752, Acts of the  69th Legislature,
47-14    Regular Session, 1985 (Article 4512k, Vernon's Texas Civil
47-15    Statutes), is amended by adding Sections 2C and 2D to read as
47-16    follows:
47-17          Sec. 2C.  APPLICANT REGISTERED IN ANOTHER JURISDICTION.
47-18    (a)  The board may waive any prerequisite to obtaining a
47-19    certificate of registration for an applicant for registration as a
47-20    massage therapist or massage therapy instructor after reviewing the
47-21    applicant's credentials and determining that the applicant holds a
47-22    license or certificate of registration issued by another
47-23    jurisdiction that has licensing or registration requirements
47-24    substantially equivalent to those of this state.
47-25          (b)  The board may waive any prerequisite to obtaining a
47-26    certificate of registration for an applicant for registration as a
47-27    massage therapist or massage therapy instructor who holds a license
47-28    or certificate of registration issued by another jurisdiction with
47-29    which this state has a reciprocity agreement.  The board may make
47-30    an agreement, subject to the approval of the governor, with another
47-31    state to allow for registration by reciprocity.
47-32          Sec. 2D.  PROVISIONAL REGISTRATION.  (a)  The board may issue
47-33    a provisional certificate of registration to an applicant for
47-34    registration as a massage therapist or massage therapy instructor
47-35    currently licensed or registered in another jurisdiction who seeks
47-36    a certificate of registration in this state and who:
47-37                (1)  has been licensed or registered in good standing
47-38    as a massage therapist or massage therapy instructor, as
47-39    applicable, for at least two years in another jurisdiction,
47-40    including a foreign country, that has licensing or registration
47-41    requirements substantially equivalent to the requirements of this
47-42    Act;
47-43                (2)  has passed a national or other examination
47-44    recognized by the board relating to the practice of massage
47-45    therapy; and
47-46                (3)  is sponsored by a person registered by the board
47-47    under this Act with whom the provisional registrant will practice
47-48    during the time the person holds a provisional certificate of
47-49    registration.
47-50          (b)  The board may waive the requirement of Subsection (a)(3)
47-51    for an applicant if the board determines that compliance with that
47-52    subsection would be a hardship to the applicant.
47-53          (c)  A provisional certificate of registration is valid until
47-54    the date the board approves or denies the provisional registrant's
47-55    application for registration.  The board shall issue a certificate
47-56    of registration under this Act to the provisional registrant if:
47-57                (1)  the provisional registrant is eligible to be
47-58    certified under Section 2C of this Act; or
47-59                (2)  the provisional registrant passes the part of the
47-60    examination under Section  7 of this Act that relates to the
47-61    applicant's knowledge and understanding of the laws and rules
47-62    relating to the practice of massage therapy in this state and:
47-63                      (A)  the board verifies that the provisional
47-64    registrant meets the academic and experience requirements for
47-65    registration under this Act; and
47-66                      (B)  the provisional registrant satisfies any
47-67    other registration requirements under this Act.
47-68          (d)  The board must approve or deny a provisional
47-69    registrant's application for a certificate of registration not
 48-1    later than the 180th day after the date the provisional certificate
 48-2    of registration is issued. The board may extend the 180-day period
 48-3    if the results of an examination have not been received by the
 48-4    board before the end of that period.
 48-5          (e)  The board may establish a fee for provisional
 48-6    certificates of registration in an amount reasonable and necessary
 48-7    to cover the cost of issuing the certificate of registration.
 48-8          SECTION 18.03.  Chapter 752, Acts of the  69th Legislature,
 48-9    Regular Session, 1985 (Article 4512k, Vernon's Texas Civil
48-10    Statutes), is amended by adding Sections 7E, 7F, and 7G to read as
48-11    follows:
48-12          Sec. 7E.  NOTIFICATION OF EXAMINATION RESULTS.  (a)  Not
48-13    later than the 30th day after the date a person takes a
48-14    registration examination under this Act, the department shall
48-15    notify the person of the results of the examination.
48-16          (b)  If the examination is graded or reviewed by a  testing
48-17    service:
48-18                (1)  the department shall notify the person of the
48-19    results of the examination not later than the 14th day after the
48-20    date the department receives the results from the testing service;
48-21    and
48-22                (2)  if notice of the examination results will be
48-23    delayed for longer than 90 days after the examination date, the
48-24    department shall notify the person of the reason for the delay
48-25    before the 90th day.
48-26          (c)  The department may require a testing service to notify a
48-27    person of the results of the person's examination.
48-28          (d)  If requested in writing by a person who fails a
48-29    registration examination administered under this Act, the
48-30    department shall furnish the person with an analysis of the
48-31    person's performance on the examination.
48-32          Sec. 7F.  RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING
48-33    BY REGISTRANT.  (a)  The board may not adopt rules restricting
48-34    advertising or competitive bidding by a registrant except to
48-35    prohibit false, misleading, or deceptive practices.
48-36          (b)  In its rules to prohibit false, misleading, or deceptive
48-37    practices, the board may not include a rule that:
48-38                (1)  restricts the use of any medium for advertising;
48-39                (2)  restricts the use of a registrant's personal
48-40    appearance or voice in an advertisement;
48-41                (3)  relates to the size or duration of an
48-42    advertisement by the registrant; or
48-43                (4)  restricts the registrant's advertisement under a
48-44    trade name.
48-45          Sec. 7G.  CONTINUING EDUCATION.  (a)  The board shall
48-46    recognize, prepare, or administer continuing education programs for
48-47    its registrants.  A registrant must participate in the programs to
48-48    the extent required by the board to keep the person's certificate
48-49    of registration.
48-50          (b)  Continuing education programs shall be taught by
48-51    individuals who have demonstrated expertise in the subject being
48-52    presented and who may be, but are not required to be, registered as
48-53    massage therapists under this Act.
48-54          SECTION 18.04.  Sections 11 and 12, Chapter 752, Acts of the
48-55    69th Legislature, Regular Session, 1985 (Article 4512k, Vernon's
48-56    Texas Civil Statutes), are amended to read as follows:
48-57          Sec. 11.  REGISTRATION, DENIAL, PROBATION, SUSPENSION, OR
48-58    REVOCATION.  (a)  The board [department] may refuse to issue a
48-59    registration certificate to an applicant and shall[, may] suspend,
48-60    [or] revoke, or refuse to renew a registration certificate, or
48-61    shall reprimand a registrant [may place a registered person,
48-62    including a massage school, massage therapy instructor, or massage
48-63    establishment, on probation] for any of the following causes:
48-64                (1)  obtaining a certificate by means of fraud,
48-65    misrepresentation, or concealment of material facts;
48-66                (2)  selling, bartering, or offering [offer] to sell or
48-67    barter a registration certificate;
48-68                (3)  violating any rule adopted by the board;
48-69                (4)  engaging in unprofessional conduct that has
 49-1    endangered or is likely to endanger the health, welfare, or safety
 49-2    of the public as defined by the rules established by the board;
 49-3                (5)  violating a regulation adopted by a political
 49-4    subdivision under Chapter 243, Local Government Code; or
 49-5                (6)  violating any provisions of this Act.
 49-6          (b)  The board may place on probation a person, including a
 49-7    massage school, massage therapy instructor, or massage
 49-8    establishment, whose registration certificate is suspended.  If a
 49-9    registration suspension is probated, the board may require the
49-10    person:
49-11                (1)  to report regularly to the department on matters
49-12    that are the basis of the probation;
49-13                (2)  to limit practice to the areas prescribed by the
49-14    board; or
49-15                (3)  to continue or review professional education until
49-16    the person attains a degree of skill satisfactory to the board in
49-17    those areas that are the basis of the probation.
49-18          (c)  An individual who has been convicted of, entered a plea
49-19    of nolo contendere or guilty to, or received deferred adjudication
49-20    to crimes or offenses involving prostitution or sexual offenses is
49-21    ineligible for registration as a massage therapist, massage therapy
49-22    instructor, massage school, or massage establishment. The
49-23    department shall revoke the registration of a person registered as
49-24    a massage therapist or massage therapy instructor who is convicted
49-25    of, enters a plea of nolo contendere or guilty to, or receives
49-26    deferred adjudication to a crime or offense involving prostitution
49-27    or other sexual offenses, or who the department determines has
49-28    practiced or administered massage therapy at or for a sexually
49-29    oriented business.  The department shall revoke the registration of
49-30    a person registered as a massage school or massage establishment if
49-31    the department determines that the school or establishment is a
49-32    sexually oriented business, or that a crime or offense involving
49-33    prostitution or other sexual offenses and resulting in a
49-34    conviction, or to which a plea of nolo contendere or guilty was
49-35    entered or deferred adjudication was received, has occurred on the
49-36    premises of the school or establishment.
49-37          (d) [(c)]  A person whose application for registration is
49-38    denied, who has been reprimanded, or whose registration is
49-39    suspended or revoked is entitled to a hearing before the department
49-40    if the person submits a written request to the department.
49-41    Hearings are governed by department rules for a contested hearing
49-42    and by Chapter 2001, Government Code [the Administrative Procedure
49-43    and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
49-44    Statutes)].
49-45          (e) [(d)]  A person convicted of a violation of this Act is
49-46    ineligible for registration as a massage therapist, massage therapy
49-47    instructor, massage school, or massage establishment for a period
49-48    of five years.
49-49          Sec. 12.  RENEWAL OF REGISTRATION.  (a)  Registration under
49-50    this Act is subject to periodic renewal and expires unless the
49-51    registered person submits an application for renewal accompanied by
49-52    the renewal fee prescribed by the department or by the late fee
49-53    prescribed by this section.
49-54          (b)  The department shall adopt a system under which
49-55    registrations expire and are renewed on various dates of the year.
49-56    Initial registration fees shall be prorated so that a registered
49-57    person pays only for that part of the renewal period for which the
49-58    registration is issued until the expiration date of the
49-59    registration.
49-60          (c)  A person who is otherwise eligible to renew a
49-61    registration may renew an unexpired registration by paying the
49-62    required renewal fee to the department before the expiration date
49-63    of the registration. A person whose registration has expired may
49-64    not engage in activities that require registration until the
49-65    registration has been renewed.
49-66          (d)  A person whose  registration has been expired for 90
49-67    days or less may renew the registration  by paying to the
49-68    department a renewal fee that is equal to 1-1/2 times the normally
49-69    required renewal fee.
 50-1          (e)  A person whose  registration has been expired for more
 50-2    than 90 days but less than one year may renew the registration by
 50-3    paying to the department a renewal fee that is equal to two times
 50-4    the normally required renewal fee.
 50-5          (f)  A person whose  registration has been expired for one
 50-6    year or more may not renew the registration. The person may
 50-7    register by complying with the requirements and procedures,
 50-8    including the examination requirements, for originally registering.
 50-9          (g)  A person who was registered in this state, moved to
50-10    another state, and is currently registered or licensed and has been
50-11    in practice in the other state for the two years preceding the date
50-12    of application may register without reexamination.  The person must
50-13    pay to the department a fee that is equal to two times the normally
50-14    required renewal fee for registration.
50-15          (h)  Not later than the 30th day before the date a person's
50-16    registration is scheduled to expire, the department shall send
50-17    written notice of the impending expiration to the person at the
50-18    person's last known address according to the records of the
50-19    department. [A person registered under this Act who does not renew
50-20    registration by the expiration date may renew the registration not
50-21    later than the first anniversary of the expiration date by meeting
50-22    the requirements set forth in this section and paying a late
50-23    penalty fee.]
50-24          [(d)  The registration of a person who fails to meet the
50-25    renewal requirements of this section is void.  Such a person must
50-26    submit a new application, pay the appropriate fees, and meet the
50-27    current requirements for registration.]
50-28     ARTICLE 19.  STANDARD SUNSET REVIEW PROVISIONS AND CERTAIN OTHER
50-29       PROVISIONS APPLICABLE TO STATE REGULATION INVOLVING EMERGENCY
50-30                             MEDICAL SERVICES
50-31          SECTION 19.01.  Subchapter A, Chapter 773, Health and Safety
50-32    Code, is amended by adding Section 773.012 to read as follows:
50-33          Sec. 773.012.  ADVISORY COUNCIL.  (a)  The governor shall
50-34    appoint an advisory council to advise the board regarding matters
50-35    related to the responsibilities of the board, commissioner, and
50-36    department under this chapter.
50-37          (b)  The advisory council is composed of the following 15
50-38    members appointed by the governor:
50-39                (1)  a board-certified emergency physician, appointed
50-40    from a list of names recommended by a statewide professional
50-41    association of emergency physicians;
50-42                (2)  a licensed physician who is an emergency medical
50-43    services medical director, appointed from a list of names
50-44    recommended by a statewide professional association of emergency
50-45    medical services medical directors;
50-46                (3)  a fire chief for a municipality that provides
50-47    emergency medical services, appointed from a list of names
50-48    recommended by a statewide fire chiefs association;
50-49                (4)  an officer or employee of a private provider of
50-50    emergency medical services who is involved with the development of
50-51    a Texas Trauma System, appointed from a list of names recommended
50-52    by a statewide association of private providers of emergency
50-53    medical services;
50-54                (5)  a volunteer who provides emergency medical
50-55    services, appointed from a list of names recommended by a statewide
50-56    association of volunteers;
50-57                (6)  an educator in the field of emergency medical
50-58    services;
50-59                (7)  a member of an emergency medical services air
50-60    medical team or unit, appointed from a list of names recommended by
50-61    a statewide emergency medical services air medical association;
50-62                (8)  a representative of a fire department that
50-63    provides emergency medical services, appointed from a list of names
50-64    recommended by a statewide association of firefighters;
50-65                (9)  a representative of hospitals who is affiliated
50-66    with a hospital that is a designated trauma facility in an urban
50-67    community, appointed from a list of names recommended by a
50-68    statewide association of hospitals;
50-69                (10)  a representative of hospitals, who is affiliated
 51-1    with a hospital that is a designated trauma facility in a rural
 51-2    community, appointed from a list of names recommended by a
 51-3    statewide association of hospitals;
 51-4                (11)  a representative of a county provider of
 51-5    emergency medical services;
 51-6                (12)  one licensed physician who is a pediatrician with
 51-7    trauma or emergency care expertise;
 51-8                (13)  one trauma surgeon or one registered nurse with
 51-9    trauma expertise; and
51-10                (14)  two representatives of the general public who are
51-11    not qualified to serve under another subdivision of this
51-12    subsection.
51-13          (c)  A person may not be a public member of the advisory
51-14    council  if the person or the person's spouse:
51-15                (1)  is registered, certified, or licensed by a
51-16    regulatory agency in the field of emergency medical services;
51-17                (2)  is employed by or participates in the management
51-18    of a business entity or other organization regulated by or
51-19    receiving money from the department;
51-20                (3)  owns or controls, directly or indirectly, more
51-21    than a 10 percent interest in a business entity or other
51-22    organization regulated by or receiving money from the department;
51-23    or
51-24                (4)  uses or receives a substantial amount of tangible
51-25    goods, services, or money from the department other than
51-26    reimbursement authorized by law for advisory council  membership,
51-27    attendance, or expenses.
51-28          (d)  In this subsection, "Texas trade association" means a
51-29    cooperative and voluntarily joined association of business or
51-30    professional competitors in this state designed to assist its
51-31    members and its industry or profession in dealing with mutual
51-32    business or professional problems and in promoting their common
51-33    interest.  A person may not be a member of the advisory council if:
51-34                (1)  the person is an officer, employee, or paid
51-35    consultant of a Texas trade association in the field of  emergency
51-36    medical services; or
51-37                (2)  the person's spouse is an officer, manager, or
51-38    paid consultant of a Texas trade association in the field of
51-39    emergency medical services.
51-40          (e)  A person may not be a member of the advisory council if
51-41    the person is required to register as a lobbyist under Chapter 305,
51-42    Government Code, because of the person's activities for
51-43    compensation on behalf of a profession related to the operation of
51-44    the department.
51-45          (f)  Members of the advisory council serve staggered six-year
51-46    terms with the terms of five members expiring January 1 of each
51-47    even-numbered year. A vacancy on the advisory council is filled in
51-48    the same manner as the original appointment for the unexpired term.
51-49          (g)  The governor shall appoint the presiding officer of the
51-50    advisory council.
51-51          (h)  A member of the advisory council serves without
51-52    compensation. Chapter 2110, Government Code, does not apply to the
51-53    size, composition, or duration of the advisory council.
51-54          (i)  The advisory council shall meet at least quarterly in
51-55    the city of Austin. The advisory council shall meet as provided by
51-56    procedural rules adopted by the advisory council or at the call of
51-57    the presiding officer. The advisory council may appoint committees
51-58    it considers necessary to perform its duties.
51-59          (j)  The advisory council periodically shall review board
51-60    rules relating to this chapter and may recommend changes in those
51-61    rules to the board.  The board and the commissioner shall ensure
51-62    that the advisory council is given adequate time and opportunity to
51-63    review and comment on each rule proposed for adoption by the board
51-64    under this chapter, including the amendment or repeal of an
51-65    existing rule, but not including an emergency rule.
51-66          SECTION 19.02.  Section 773.041, Health and Safety Code, is
51-67    amended by adding Subsections (d) and (e) to read as follows:
51-68          (d)  Except as provided under Subsection (e), a person may
51-69    not receive remuneration for transporting a person required to be
 52-1    in a recumbent or near fully recumbent position because of the
 52-2    person's illness, infirmity, incapacitation or otherwise
 52-3    nonambulatory condition, regardless of whether the person is in
 52-4    need of emergency medical services during transport, unless the
 52-5    person holds a license as an emergency medical services provider
 52-6    issued by the department in accordance with this chapter and the
 52-7    transport is accomplished in an emergency medical services vehicle.
 52-8          (e)  The board shall adopt rules necessary for the
 52-9    implementation of Subsection (d), including rules specifying those
52-10    circumstances under which a transport is not required to be
52-11    accomplished by a licensed emergency medical services provider or
52-12    in an emergency medical services vehicle because licensed emergency
52-13    medical services vehicles or emergency medical services providers
52-14    are not available in the area where the transport is accomplished
52-15    and specifying minimum health and safety standards that must be met
52-16    in those circumstances.
52-17          SECTION 19.03.  Section 773.0495, Health and Safety Code, is
52-18    amended to read as follows:
52-19          Sec. 773.0495.  LICENSED PARAMEDIC QUALIFICATIONS.  (a)  An
52-20    individual qualifies as a licensed paramedic if the department
52-21    determines that the individual is minimally proficient to provide
52-22    advanced life support that includes initiation under medical
52-23    supervision of certain procedures, including intravenous therapy,
52-24    endotracheal or esophageal intubation, electrical cardiac
52-25    defibrillation or cardioversion, and drug therapy.
52-26          (b)  In addition to the requirements of Subsection (a), a
52-27    licensed paramedic must:
52-28                (1)  have been certified by the department as an
52-29    emergency medical technician-paramedic on or before September 1,
52-30    1999; or
52-31                (2)  complete a curriculum that includes college-level
52-32    course work in accordance with rules adopted by the board.
52-33          SECTION 19.04.  Section 773.050, Health and Safety Code, is
52-34    amended by amending Subsection (b) and adding Subsection (f) to
52-35    read as follows:
52-36          (b)  The board by rule shall establish minimum standards for:
52-37                (1)  staffing an advanced life-support emergency
52-38    medical services vehicle, a mobile intensive-care unit, or a
52-39    specialized emergency medical services vehicle;
52-40                (2)  emergency medical services personnel certification
52-41    and performance, including provisional certification,
52-42    certification, decertification, recertification, suspension,
52-43    emergency suspension, and probation;
52-44                (3)  the approval of courses and training programs, the
52-45    certification of program instructors, examiners, and course
52-46    coordinators for emergency medical services personnel training, and
52-47    the revocation and probation of an approval or certification;
52-48                (4)  [continuing education programs and] examinations
52-49    of emergency medical services personnel;
52-50                (5)  medical supervision of basic and advanced
52-51    life-support systems;
52-52                (6)  granting, suspending, and revoking a license for
52-53    emergency medical services providers; and
52-54                (7)  emergency medical services vehicles.
52-55          (f)  The board shall recognize, prepare, or administer
52-56    continuing education programs for certified personnel. A
52-57    certificate holder must participate in the programs to the extent
52-58    required by the board to remain certified.
52-59          SECTION 19.05.  Subchapter C, Chapter 773, Health and Safety
52-60    Code, is amended by adding Section 773.0505 to read as follows:
52-61          Sec. 773.0505.  RULES REGARDING ADVERTISING OR COMPETITIVE
52-62    BIDDING.  (a)  The board may not adopt rules restricting
52-63    advertising or competitive bidding by a license or certificate
52-64    holder except to prohibit false, misleading, or deceptive
52-65    practices.
52-66          (b)  In its rules to prohibit false, misleading, or deceptive
52-67    practices, the board may not include a rule that:
52-68                (1)  restricts the use of any medium for advertising;
52-69                (2)  restricts the use of a license or certificate
 53-1    holder's personal appearance or voice in an advertisement;
 53-2                (3)  relates to the size or duration of an
 53-3    advertisement by the license or certificate holder; or
 53-4                (4)  restricts the license or certificate holder's
 53-5    advertisement under a trade name.
 53-6          SECTION 19.06.  Section 773.055, Health and Safety Code, is
 53-7    amended by adding Subsections (g) and (h) to read as follows:
 53-8          (g)  The board by rule may adopt a system under which
 53-9    certificates expire on various dates during the year.  For the year
53-10    in which the certificate expiration date is changed, the department
53-11    shall prorate certificate fees on a monthly basis so that each
53-12    certificate holder pays only that portion of the certificate fee
53-13    that is allocable to the number of months during which the
53-14    certificate is valid. On renewal of the certificate on the new
53-15    expiration date, the total certificate renewal fee is payable.
53-16          (h)  The department shall ensure that the written
53-17    examinations and any other tests that the department requires a
53-18    person to take and pass to obtain or retain certification as
53-19    emergency medical services personnel shall be administered during
53-20    the course of a year at various locations around the state so that
53-21    a person who resides in any part of the state will be able to take
53-22    the examinations or tests without having to travel a distance that
53-23    as a practical matter requires either travel by air or an overnight
53-24    stay.
53-25          SECTION 19.07.  Section 773.059, Health and Safety Code, is
53-26    amended to read as follows:
53-27          Sec. 773.059.  LATE RECERTIFICATION.  (a)  A person who is
53-28    otherwise eligible to renew a  certificate may renew an unexpired
53-29    certificate by paying the required renewal fee to the department
53-30    before the expiration date of the certificate. A person whose
53-31    certificate has expired may not engage in activities that require
53-32    certification until the certificate has been renewed.
53-33          (b)  A person whose  certificate has been expired for 90 days
53-34    or less may renew the certificate  by paying to the department a
53-35    renewal fee that is equal to 1-1/2 times the normally required
53-36    renewal fee.
53-37          (c)  A person whose  certificate has been expired for more
53-38    than 90 days but less than one year may renew the certificate by
53-39    paying to the department a renewal fee that is equal to two times
53-40    the normally required renewal fee.
53-41          (d)  A person whose certificate has been expired for one year
53-42    or more may not renew the certificate.  The person may become
53-43    certified by complying with the requirements and procedures,
53-44    including the examination requirements, for an original
53-45    certification.
53-46          (e)  A person who was certified in this state, moved to
53-47    another state, and is currently certified or licensed and has been
53-48    in practice in the other state for the two years preceding the date
53-49    of application may become certified without reexamination.  The
53-50    person must pay to the department a fee that is equal to two times
53-51    the normally required renewal fee for certification.
53-52          (f)  Not later than the 30th day before the date a person's
53-53    certificate is scheduled to expire, the department shall send
53-54    written notice of the impending expiration to the person at the
53-55    person's last known address according to the records of the
53-56    department. [Except as provided by Subsection (b), a person
53-57    applying for recertification whose application is received after
53-58    the expiration date of the person's certificate must pay a late fee
53-59    of $25.]
53-60          (g) [(b)]  A person certified by the department who is
53-61    deployed in support of military, security, or other action by the
53-62    United Nations Security Council, a national emergency declared by
53-63    the president of the United States, or a declaration of war by the
53-64    United States Congress is eligible for recertification under
53-65    Section 773.050 on the person's demobilization for one calendar
53-66    year after the date of demobilization.
53-67          SECTION 19.08.  Section 773.061, Health and Safety Code, is
53-68    amended to read as follows:
53-69          Sec. 773.061.  DISCIPLINARY ACTIONS.  (a)  For a violation of
 54-1    this chapter or a rule adopted under this chapter, the department
 54-2    shall revoke, suspend, or refuse to renew a license or certificate
 54-3    of or shall reprimand [may]:
 54-4                (1)  [decertify, suspend, place on emergency
 54-5    suspension, or place on probation] emergency medical services
 54-6    personnel;
 54-7                (2)  [revoke or place on probation course or training
 54-8    program approval;]
 54-9                [(3)  revoke, suspend, or place on probation the
54-10    certificate of] a program instructor, examiner, or course
54-11    coordinator; and
54-12                (3) [(4)  revoke, suspend, or place on probation] an
54-13    emergency medical services provider license holder.
54-14          (b)  For a violation of this chapter or a rule adopted under
54-15    this chapter, the department shall revoke, suspend, or refuse to
54-16    renew approval of a course or training program.
54-17          (c)  For a violation of this chapter or a rule adopted under
54-18    this chapter, the department may place on emergency suspension
54-19    emergency medical services personnel.
54-20          (d)  The department may place on probation a course or
54-21    training program or a person, including emergency medical services
54-22    personnel, an emergency medical services provider license holder,
54-23    or a program instructor, examiner, or course coordinator, whose
54-24    certificate, license, or approval is suspended.  If a suspension is
54-25    probated, the department may require the person or the sponsor of a
54-26    course or training program, as applicable:
54-27                (1)  to report regularly to the department on matters
54-28    that are the basis of the probation;
54-29                (2)  to limit practice to the areas prescribed by the
54-30    board; or
54-31                (3)  to continue or review professional education until
54-32    the person attains a degree of skill satisfactory to the department
54-33    in those areas that are the basis of the probation.
54-34          (e)  Except as provided by Section 773.062, the procedures by
54-35    which the department takes action under this section and the
54-36    procedures by which that action is appealed are governed by the
54-37    procedures for a contested case hearing under Chapter 2001,
54-38    Government Code.
54-39          SECTION 19.09.  Sections 773.122(a), (c), (d), and (f),
54-40    Health and Safety Code, are amended to read as follows:
54-41          (a)  The commissioner, with advice and counsel from the
54-42    chairpersons of the trauma service area regional advisory councils,
54-43    shall use money  in the emergency medical services and trauma care
54-44    system fund established under Section 773.121 to fund [county and]
54-45    regional emergency medical services and trauma care systems in
54-46    accordance with this section.
54-47          (c)  In any fiscal year the commissioner shall use at least
54-48    70 percent of the appropriated money remaining in the emergency
54-49    medical services and trauma care system fund, after any amount
54-50    necessary to maintain the reserve established by Subsection (b) is
54-51    deducted, to fund, in connection with an effort to provide
54-52    coordination with the appropriate trauma service [support] area,
54-53    the cost of supplies, operational  expenses, education and
54-54    training, equipment, vehicles, and communications systems for local
54-55    emergency medical services.  The money shall be distributed on
54-56    behalf of  eligible recipients in each county to the trauma service
54-57    area regional advisory council for that county, if the regional
54-58    advisory  council is incorporated as an entity that is exempt from
54-59    federal income tax under Section 501(a), Internal Revenue Code of
54-60    1986, and its subsequent amendments, by being listed as an exempt
54-61    organization under Section 501(c)(3) of the code.  For a county for
54-62    which the regional advisory council is not incorporated as such an
54-63    entity, the money shall be distributed to the county [to counties]
54-64    on behalf of eligible recipients.  The [A county's] share of the
54-65    money allocated to the eligible recipients in a county's geographic
54-66    area shall be based on the relative geographic size and population
54-67    of the county and on the relative number of emergency or trauma
54-68    care runs performed by eligible recipients in the county. Money
54-69    that is not disbursed by  a regional advisory council or a county
 55-1    to eligible recipients for approved functions by the end of the
 55-2    fiscal year in which the funds were disbursed [to the county] shall
 55-3    be returned to the fund to be used in accordance with Subsection
 55-4    (f).
 55-5          (d)  In any fiscal year, the commissioner may use not more
 55-6    than 25 percent of the appropriated money remaining in the
 55-7    emergency medical services and trauma care system fund, after any
 55-8    amount necessary to maintain the reserve established by Subsection
 55-9    (b) is deducted, for operation of the 22 trauma service [support]
55-10    areas and for equipment, communications, and education and training
55-11    for the areas.  Money distributed under this subsection shall be
55-12    distributed on behalf of eligible recipients in each county to the
55-13    trauma service area regional advisory council for that county, if
55-14    the regional advisory council is incorporated as an entity that is
55-15    exempt from federal income tax under Section 501(a), Internal
55-16    Revenue Code of 1986, and its subsequent amendments, by being
55-17    listed as an exempt organization under Section 501(c)(3) of the
55-18    code.  For a county for which the regional advisory council is not
55-19    incorporated as such an entity, the money shall be distributed to
55-20    the county in which the chairperson of an area's regional advisory
55-21    council sits on behalf of eligible recipients.  A regional advisory
55-22    council's share of money distributed under this section shall be
55-23    based on the relative geographic size and population of each trauma
55-24    service [support] area and on the relative amount of trauma care
55-25    provided.  Money that is not disbursed by a regional advisory
55-26    council or county to eligible recipients for approved functions by
55-27    the end of the fiscal year in which the funds were disbursed [to
55-28    the county]  shall be returned to the fund to be used in accordance
55-29    with Subsection (f).
55-30          (f)  In any fiscal year, the commissioner shall use at least
55-31    two percent of the appropriated money remaining in the emergency
55-32    medical services and trauma care system fund after any amount
55-33    necessary to maintain the reserve established by Subsection (b) is
55-34    deducted and the money in the fund not otherwise distributed under
55-35    this section to fund a portion of the uncompensated trauma care
55-36    provided at facilities designated as state trauma facilities by the
55-37    department.  A regional advisory council chairperson may petition
55-38    the department for disbursement of funds to a trauma center in the
55-39    chairperson's trauma service [support] area that has suffered
55-40    deleterious effects due to uncompensated trauma care.  Funds may be
55-41    disbursed under this subsection based on a proportionate share of
55-42    uncompensated trauma care provided in the state and may be used to
55-43    fund innovative projects to enhance the delivery of patient care in
55-44    the overall emergency medical services and trauma care system.
55-45          SECTION 19.10.  Sections 773.123(a) and (b), Health and
55-46    Safety Code, are amended to read as follows:
55-47          (a)  Except as provided by Subsection (b), money distributed
55-48    from the emergency medical services and trauma care system fund
55-49    shall be used in accordance with Section 773.122 on the
55-50    authorization of:
55-51                (1)  the executive committee of the trauma service area
55-52    regional advisory council, in those regions where the money is
55-53    distributed on behalf of eligible recipients to the regional
55-54    advisory council; and
55-55                (2)  the chief executive of the county to which the
55-56    money is disbursed on vouchers issued by the county's treasurer.
55-57          (b)  In a county with a population of 291,000 or more for
55-58    which[,] money distributed from the emergency medical services and
55-59    trauma care system fund is not distributed to a trauma service area
55-60    regional advisory council, the money shall be used in accordance
55-61    with Section 773.122 on the joint authorization of the chief
55-62    executive of the county to which the money is disbursed and the
55-63    mayor of the principal municipality in that county on vouchers
55-64    issued by the county's treasurer.
55-65          SECTION 19.11.  Section 773.124, Health and Safety Code, is
55-66    amended to read as follows:
55-67          Sec. 773.124.  LOSS OF FUNDING ELIGIBILITY.  For a period of
55-68    not less than one year or more than three years, as determined by
55-69    the department, the department may not disburse money under Section
 56-1    773.122 to a trauma service area regional advisory council, county,
 56-2    municipality, or local recipient that the department finds used
 56-3    money in violation of that section.
 56-4          SECTION 19.12.  Chapter 773, Health and Safety Code, is
 56-5    amended by adding Subchapter F to read as follows:
 56-6           SUBCHAPTER F. MEDICAL INFORMATION PROVIDED BY CERTAIN
 56-7                   EMERGENCY MEDICAL SERVICES OPERATORS
 56-8          Sec. 773.141.  DEFINITIONS.  In this subchapter:
 56-9                (1)  "Emergency call" means a telephone call or other
56-10    similar communication from a member of the public, as part of a
56-11    9-1-1 system or otherwise, made to obtain emergency medical
56-12    services.
56-13                (2)  "Emergency medical services operator" means a
56-14    person who, as a volunteer or employee of a public agency, as that
56-15    term is defined by Section 771.001, receives emergency calls.
56-16          Sec. 773.142.  APPLICATION OF SUBCHAPTER.  This subchapter
56-17    does not apply to a physician or other licensed person who may
56-18    provide medical information under law.
56-19          Sec. 773.143.  PROVISION OF MEDICAL INFORMATION.  An
56-20    emergency medical services operator may provide medical information
56-21    to a member of the public during an emergency call if:
56-22                (1)  the operator has successfully completed an
56-23    emergency medical services operator training program and holds a
56-24    certificate issued under Section 773.144; and
56-25                (2)  the information provided substantially conforms to
56-26    the protocol for delivery of the information adopted by the board
56-27    under Section 773.145.
56-28          Sec. 773.144.  TRAINING PROGRAMS.  (a)  The department may
56-29    offer emergency medical services operator training programs and may
56-30    approve training programs offered by other persons. The board by
56-31    rule shall establish minimum standards for approval of training
56-32    programs and certification and decertification of program
56-33    instructors.
56-34          (b)  The provider of an emergency medical services operator
56-35    training program shall issue an emergency medical services operator
56-36    a certificate evidencing completion of the training program.  The
56-37    board by rule may require that, before issuance of the certificate,
56-38    the operator successfully complete an examination administered by
56-39    the board, by the provider of the training program, or by another
56-40    person.
56-41          (c)  The board by rule may provide that a certificate  issued
56-42    under Subsection (b) expires at the end of a specified period not
56-43    less than one year after the date on which the certificate is
56-44    issued and may adopt requirements, including additional training or
56-45    examination, for renewal of the certificate.
56-46          (d)  The board by rule may adopt other requirements relating
56-47    to emergency medical services operator training programs.  The
56-48    establishment of minimum standards under this section does not
56-49    prohibit the entity that is employing or accepting the volunteer
56-50    services of the emergency medical services operator from imposing
56-51    additional training standards or procedures.
56-52          Sec. 773.145.  MEDICAL INFORMATION.  The board by rule shall
56-53    adopt a protocol that must be used to provide medical information
56-54    under Section 773.143. The protocol may include the use of a
56-55    flash-card system or other similar system designed to make the
56-56    information readily accessible to the emergency medical services
56-57    operator in an understandable form.
56-58          Sec. 773.146.  LIMITATION ON CIVIL LIABILITY.  (a)  An
56-59    emergency medical services operator who holds a certificate under
56-60    Section 773.144 is not liable for damages that arise from the
56-61    provision of medical information according to the protocol adopted
56-62    under Section 773.145 if the information is provided in good faith.
56-63    This subsection does not apply to an act or omission of the
56-64    operator that constitutes gross negligence, recklessness, or
56-65    intentional misconduct.  This subsection does not affect any
56-66    liability imposed on a public agency for the conduct of the
56-67    emergency medical services operator under Section 101.062, Civil
56-68    Practice and Remedies Code.
56-69          (b)  Section 101.062, Civil Practice and Remedies Code,
 57-1    governs the liability of a public agency the employees or
 57-2    volunteers of which provide medical information under this
 57-3    subchapter.
 57-4          Sec. 773.147.  FEES.  (a)  The board by rule may adopt fees
 57-5    for:
 57-6                (1)  training programs provided by the board under
 57-7    Section 773.144; and
 57-8                (2)  the approval of program instructors and of
 57-9    training programs offered by other persons.
57-10          (b)  The fees adopted under this section may not exceed the
57-11    amount necessary for the department to recover the cost of
57-12    administering this subchapter.
57-13          SECTION 19.13.  The Texas Board of Health shall abolish any
57-14    advisory body created by rule to perform the functions assigned to
57-15    the advisory council created by Section 773.012, Health and Safety
57-16    Code, as added by this Act.
57-17          SECTION 19.14.  The change in law made by this article to
57-18    Sections 773.122, 773.123, and 773.124, Health and Safety Code,
57-19    applies only to distributions made from the emergency medical
57-20    services and trauma care system fund established under Section
57-21    773.121, Health and Safety Code, that are made on or after the
57-22    effective date of this Act.  Distributions from the fund that are
57-23    made before that date are governed by the law as it existed
57-24    immediately before that date, and that law is continued in effect
57-25    for that purpose.
57-26          SECTION 19.15.  (a)  Subchapter F, Chapter 773, Health and
57-27    Safety Code, as added by this article, applies only to the
57-28    provision of medical information by an emergency medical services
57-29    operator, as that term is defined by Section 773.141, Health and
57-30    Safety Code, as added by this article, on or after January 1, 2000.
57-31    The provision of medical information before January 1, 2000,  is
57-32    governed by the law as it existed immediately before the effective
57-33    date of this Act, and that law is continued in effect for that
57-34    purpose.
57-35          (b)  The Texas Board of Health shall adopt rules necessary
57-36    for the implementation of Subchapter F, Chapter 773, Health and
57-37    Safety Code, as added by this article, not later than December 1,
57-38    1999.
57-39     ARTICLE 20.  STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE
57-40             REGULATION OF CERTAIN ASBESTOS-RELATED ACTIVITIES
57-41          SECTION 20.01.  The Texas Asbestos Health Protection Act
57-42    (Article 4477-3a, Vernon's Texas Civil Statutes) is amended by
57-43    adding Section 5A to read as follows:
57-44          Sec. 5A.  PROVISIONAL LICENSE OR REGISTRATION.  (a)  The
57-45    department may provisionally license or register an applicant
57-46    currently licensed or registered in another jurisdiction who seeks
57-47    a license or registration in this state and who:
57-48                (1)  has been licensed or registered in good standing
57-49    to perform the relevant asbestos-related activity for at least two
57-50    years in another jurisdiction, including a foreign country, that
57-51    has licensing or registration requirements substantially equivalent
57-52    to the requirements of this Act;
57-53                (2)  has passed a national or other examination
57-54    recognized by the department relating to the relevant
57-55    asbestos-related activity, if the department requires an
57-56    examination under Subsection (h) of Section 10 of this Act to
57-57    obtain the license or registration required to perform that
57-58    activity; and
57-59                (3)  is sponsored by a person licensed by the
57-60    department under this Act with whom the provisional license or
57-61    registration holder will practice during the time the person holds
57-62    a provisional license or registration.
57-63          (b)  The department may waive the requirement of Subsection
57-64    (a)(3) for an applicant if the department determines that
57-65    compliance with that subsection would be a hardship to the
57-66    applicant.
57-67          (c)  A provisional license or registration is valid until the
57-68    date the department approves or denies the provisional license or
57-69    registration holder's application for licensing or registration.
 58-1    The department shall issue a license or registration under this Act
 58-2    to the provisional license or registration holder if:
 58-3                (1)  the provisional license or registration holder is
 58-4    eligible to be licensed or registered under Subsection (j) of
 58-5    Section 12 of this Act; or
 58-6                (2)  the provisional license or registration holder
 58-7    passes the part of the examination under Subsection (h) of Section
 58-8    10 of this Act that relates to the applicant's knowledge and
 58-9    understanding of the laws and rules relating to the performance of
58-10    the relevant asbestos-related activity in this state, if the
58-11    department requires an examination under Subsection (h) of Section
58-12    10 of this Act to obtain the license or registration required to
58-13    perform that activity, and:
58-14                      (A)  the department verifies that the provisional
58-15    license or registration holder meets the relevant academic and
58-16    experience requirements for the requested license or registration
58-17    under this Act; and
58-18                      (B)  the provisional license or registration
58-19    holder  satisfies any other applicable licensing or registration
58-20    requirements under this Act.
58-21          (d)  The department must approve or deny a provisional
58-22    license or registration holder's application for a license or
58-23    registration not later than the 180th day after the date the
58-24    provisional license or registration is issued. The department may
58-25    extend the 180-day period if the results of an examination have not
58-26    been received by the department before the end of that period.
58-27          (e)  The department may establish a fee for a provisional
58-28    license or registration in an amount reasonable and necessary to
58-29    cover the cost of issuing the license or registration.
58-30          SECTION 20.02.  Section 6, Texas Asbestos Health Protection
58-31    Act (Article 4477-3a, Vernon's Texas Civil Statutes), is amended by
58-32    amending Subsections (a) and (f) and adding Subsections (g)-(k) to
58-33    read as follows:
58-34          (a)  A license issued under this Act expires on the first
58-35    anniversary of its effective date, unless the license is renewed
58-36    for a one-year term as provided by this section.  The department by
58-37    rule may adopt a system under which licenses expire on various
58-38    dates during the year.  For the year in which the license
58-39    expiration date is changed, the department shall prorate license
58-40    fees on a monthly basis so that each license holder pays only that
58-41    portion of the license fee that is allocable to the number of
58-42    months during which the license is valid. On renewal of the license
58-43    on the new expiration date, the total license renewal fee is
58-44    payable.
58-45          (f)  A licensee may request a replacement license certificate
58-46    on completion of an appropriate application.  [The fee for
58-47    reissuance shall not exceed $50.]
58-48          (g)  A person whose license has expired may not engage in
58-49    activities that require a license until the license has been
58-50    renewed.
58-51          (h)  A person whose license has been expired for 90 days or
58-52    less may renew the license by paying to the department a renewal
58-53    fee that is equal to 1-1/2 times the normally required renewal fee.
58-54          (i)  A person whose license has been expired for more than 90
58-55    days but less than one year may renew the license by paying to the
58-56    department a renewal fee that is equal to two times the normally
58-57    required renewal fee.
58-58          (j)  A person whose license has been expired for one year or
58-59    more may not renew the license.  The person may obtain a new
58-60    license by complying with the requirements and procedures,
58-61    including the examination requirements, for obtaining an original
58-62    license.
58-63          (k)  A person who was licensed in this state, moved to
58-64    another state, and is currently licensed and has been in practice
58-65    in the other state for the two years preceding the date of
58-66    application may obtain a new license without reexamination.  The
58-67    person must pay to the department a fee that is equal to two times
58-68    the normally required renewal fee for the license.
58-69          SECTION 20.03.  Section 8, Texas Asbestos Health Protection
 59-1    Act (Article 4477-3a, Vernon's Texas Civil Statutes), is amended by
 59-2    amending Subsection (a) and adding Subsection (g) to read as
 59-3    follows:
 59-4          (a)  After notice to the licensee and an opportunity for a
 59-5    hearing, the department shall [may] reprimand the licensee or
 59-6    modify, suspend, suspend on an emergency basis, or revoke a license
 59-7    under this Act if an act or omission of the licensee meets the
 59-8    criteria prescribed by the board under Subsection (c) of this
 59-9    section.
59-10          (g)  The department may place on probation a person whose
59-11    license is suspended.  If a suspension is probated, the department
59-12    may require the person:
59-13                (1)  to report regularly to the department on matters
59-14    that are the basis of the probation;
59-15                (2)  to limit practice to the areas prescribed by the
59-16    board; or
59-17                (3)  to continue or review professional education until
59-18    the person attains a degree of skill satisfactory to the board in
59-19    those areas that are the basis of the probation.
59-20          SECTION 20.04.  Section 9, Texas Asbestos Health Protection
59-21    Act (Article 4477-3a, Vernon's Texas Civil Statutes), is amended by
59-22    amending Subsections (b) and (h) and adding Subsection (j) to read
59-23    as follows:
59-24          (b)  An application for registration or renewal as an
59-25    asbestos worker must be made on a form provided by the department.
59-26    An application for registration [or reregistration] must be
59-27    accompanied by a nonrefundable fee set by the board in an amount
59-28    not to exceed $50.
59-29          (h)  After notice to the registrant and an opportunity for a
59-30    hearing in accordance with Section 11 of this Act, the department
59-31    shall [may] reprimand any registered worker or suspend, suspend on
59-32    an emergency basis, [or] revoke, or refuse to renew any
59-33    registration if the worker:
59-34                (1)  has fraudulently or deceptively assigned,
59-35    obtained, or attempted to assign or obtain a registration or
59-36    renewal; or
59-37                (2)  fails to comply with federal, state, or local
59-38    asbestos law or rule or with any order issued by the board or
59-39    department.
59-40          (j)  The department may place on probation a person whose
59-41    registration is suspended.  If a suspension is probated, the
59-42    department may require the person:
59-43                (1)  to report regularly to the department on matters
59-44    that are the basis of the probation;
59-45                (2)  to limit practice to the areas prescribed by the
59-46    board; or
59-47                (3)  to continue or review professional education until
59-48    the person attains a degree of skill satisfactory to the board in
59-49    those areas that are the basis of the probation.
59-50          SECTION 20.05.  The Texas Asbestos Health Protection Act
59-51    (Article 4477-3a, Vernon's Texas Civil Statutes) is amended by
59-52    adding Section 10A to read as follows:
59-53          Sec. 10A.  NOTIFICATION OF EXAMINATION RESULTS.  (a)  Not
59-54    later than the 30th day after the date a person takes a licensing
59-55    or registration examination under this Act, the department shall
59-56    notify the person of the results of the examination.
59-57          (b)  If the examination is graded or reviewed by a  testing
59-58    service:
59-59                (1)  the department shall notify the person of the
59-60    results of the examination not later than the 14th day after the
59-61    date the department receives the results from the testing service;
59-62    and
59-63                (2)  if notice of the examination results will be
59-64    delayed for longer than 90 days after the examination date, the
59-65    department shall notify the person of the reason for the delay
59-66    before the 90th day.
59-67          (c)  The department may require a testing service to notify a
59-68    person of the results of the person's examination.
59-69          (d)  If requested in writing by a person who fails a
 60-1    licensing or registration examination administered under this Act,
 60-2    the department shall furnish the person with an analysis of the
 60-3    person's performance on the examination.
 60-4          SECTION 20.06.  The Texas Asbestos Health Protection Act
 60-5    (Article 4477-3a, Vernon's Texas Civil Statutes) is amended by
 60-6    adding Section 12A to read as follows:
 60-7          Sec. 12A.  RULES REGARDING ADVERTISING OR COMPETITIVE
 60-8    BIDDING.  (a)  The board may not adopt rules restricting
 60-9    advertising or competitive bidding by a license or registration
60-10    holder except to prohibit false, misleading, or deceptive
60-11    practices.
60-12          (b)  In its rules to prohibit false, misleading, or deceptive
60-13    practices, the board may not include a rule that:
60-14                (1)  restricts the use of any medium for advertising;
60-15                (2)  restricts the use of a license or registration
60-16    holder's personal appearance or voice in an advertisement;
60-17                (3)  relates to the size or duration of an
60-18    advertisement by the license or registration holder; or
60-19                (4)  restricts the license or registration holder's
60-20    advertisement under a trade name.
60-21     ARTICLE 21.  STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE
60-22             REGULATION OF CERTAIN LEAD-BASED PAINT ACTIVITIES
60-23          SECTION 21.01.  Chapter 332, Acts of the 74th Legislature,
60-24    Regular Session, 1995 (Article 9029, Vernon's Texas Civil
60-25    Statutes), is amended by adding Sections 3A and 3B to read as
60-26    follows:
60-27          Sec. 3A.  NOTIFICATION OF EXAMINATION RESULTS.  (a)  Not
60-28    later than the 30th day after the date a person takes any
60-29    certification or accreditation examination under this Act, the
60-30    department shall notify the person of the results of the
60-31    examination.
60-32          (b)  If an examination is graded or reviewed by a testing
60-33    service:
60-34                (1)  the department shall notify the person of the
60-35    results of the examination not later than the 14th day after the
60-36    date the department receives the results from the testing service;
60-37    and
60-38                (2)  if notice of the examination results will be
60-39    delayed for longer than 90 days after the examination date, the
60-40    department shall notify the person of the reason for the delay
60-41    before the 90th day.
60-42          (c)  The department may require a testing service to notify a
60-43    person of the results of the person's examination.
60-44          (d)  If requested in writing by a person who fails a
60-45    certification or accreditation examination administered under this
60-46    Act, the department shall furnish the person with an analysis of
60-47    the person's performance on the examination.
60-48          Sec. 3B.  RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING.
60-49    (a)  The Texas Board of Health may not adopt rules restricting
60-50    advertising or competitive bidding by a certified or accredited
60-51    person except to prohibit false, misleading, or deceptive
60-52    practices.
60-53          (b)  In its rules to prohibit false, misleading, or deceptive
60-54    practices, the board may not include a rule that:
60-55                (1)  restricts the use of any medium for advertising;
60-56                (2)  restricts the use of a certified or accredited
60-57    person's personal appearance or voice in an advertisement;
60-58                (3)  relates to the size or duration of an
60-59    advertisement by the certified or accredited person; or
60-60                (4)  restricts the certified or accredited person's
60-61    advertisement under a trade name.
60-62          SECTION 21.02.  Chapter 332, Acts of the 74th Legislature,
60-63    Regular Session, 1995 (Article 9029, Vernon's Texas Civil
60-64    Statutes), is amended by adding Sections 6A, 6B, and 6C to read as
60-65    follows:
60-66          Sec. 6A.  EXPIRATION DATES OF CERTIFICATION OR ACCREDITATION.
60-67    The Texas Board of Health by rule may adopt a system under which
60-68    certifications or accreditations expire on various dates during the
60-69    year.  For the year in which the expiration date is changed, the
 61-1    department shall prorate certification or accreditation fees on a
 61-2    monthly basis so that each certified or accredited person pays only
 61-3    that portion of the certification or accreditation fee that is
 61-4    allocable to the number of months during which the certification or
 61-5    accreditation is valid. On renewal of the certification or
 61-6    accreditation on the new expiration date, the total certification
 61-7    or accreditation renewal fee is payable.
 61-8          Sec. 6B.  RENEWAL OF CERTIFICATION OR ACCREDITATION.  (a)  A
 61-9    person who is otherwise eligible to renew a  certification or
61-10    accreditation may renew an unexpired certification or accreditation
61-11    by paying the required renewal fee to the department before the
61-12    expiration date of the certification or accreditation. A person
61-13    whose certification or accreditation has expired may not engage in
61-14    activities that require certification or accreditation until the
61-15    certification or accreditation has been renewed.
61-16          (b)  A person whose  certification or accreditation has been
61-17    expired for 90 days or less may renew the certification or
61-18    accreditation  by paying to the department a renewal fee that is
61-19    equal to 1-1/2 times the normally required renewal fee.
61-20          (c)  A person whose  certification or accreditation has been
61-21    expired for more than 90 days but less than one year may renew the
61-22    certification or accreditation by paying to the department a
61-23    renewal fee that is equal to two times the normally required
61-24    renewal fee.
61-25          (d)  A person whose  certification or accreditation has been
61-26    expired for one year or more may not renew the certification or
61-27    accreditation. The person may become recertified or reaccredited by
61-28    complying with the requirements and procedures, including any
61-29    examination requirements, for an original certification or
61-30    accreditation.
61-31          (e)  A person who was certified or accredited in this state,
61-32    moved to another state, and is currently certified or accredited
61-33    and has been in practice in the other state for the two years
61-34    preceding the date of application may become recertified or
61-35    reaccredited without reexamination.  The person must pay to the
61-36    department a fee that is equal to two times the normally required
61-37    renewal fee for certification or accreditation.
61-38          (f)  Not later than the 30th day before the date a person's
61-39    certification or accreditation is scheduled to expire, the
61-40    department shall send written notice of the impending expiration to
61-41    the person at the person's last known address according to the
61-42    records of the department.
61-43          Sec. 6C.  DISCIPLINARY ACTIONS.  (a)  The department shall
61-44    revoke, suspend, or refuse to renew a certification or
61-45    accreditation or shall reprimand a certified or accredited person
61-46    for a violation of this Act or a rule of the board.
61-47          (b)  The board may place on probation a person whose
61-48    certification or accreditation is suspended. If a suspension is
61-49    probated, the board may require the person:
61-50                (1)  to report regularly to the department on matters
61-51    that are the basis of the probation;
61-52                (2)  to limit practice to the areas prescribed by the
61-53    board; or
61-54                (3)  to continue or review professional education until
61-55    the person attains a degree of skill satisfactory to the board in
61-56    those areas that are the basis of the probation.
61-57      ARTICLE 22. CERTAIN PROVISIONS RELATING TO ABORTION FACILITIES
61-58          SECTION 22.01. Section 245.004, Health and Safety Code, is
61-59    amended to read as follows:
61-60          Sec. 245.004.  EXEMPTIONS FROM LICENSING REQUIREMENT.  (a)
61-61    The following facilities need not be licensed under this chapter:
61-62                (1)  a hospital licensed under Chapter 241 (Texas
61-63    Hospital Licensing Law); or
61-64                (2)  the office of a physician licensed under the
61-65    Medical Practice Act (Article 4495b, Vernon's Texas Civil
61-66    Statutes), unless the office is used [primarily] for the purpose of
61-67    performing more than 300 abortions in any 12-month period.
61-68          (b)  In computing the number of abortions performed in the
61-69    office of a physician under Subsection (a)(2), an abortion
 62-1    performed in accordance with Section 245.016 is not included.
 62-2          SECTION 22.02.  Section 245.014(b), Health and Safety Code,
 62-3    is amended to read as follows:
 62-4          (b)  An offense under this section is a Class A [C]
 62-5    misdemeanor.
 62-6          SECTION 22.03.  Section 245.016, Health and Safety Code, is
 62-7    amended to read as follows:
 62-8          Sec. 245.016.  ABORTION IN UNLICENSED ABORTION FACILITY TO
 62-9    PREVENT DEATH OR SERIOUS IMPAIRMENT. This chapter does not remove
62-10    the responsibility or limit the ability of a physician to perform
62-11    an abortion in an unlicensed abortion facility if, at the
62-12    commencement of the abortion, the physician reasonably believes
62-13    that the abortion is necessary to prevent the death of the patient
62-14    or to prevent serious impairment of the patient's physical health
62-15    [or mental condition].
62-16          SECTION 22.04.  The office of a physician that is exempt from
62-17    the licensing requirement of Chapter 245, Health and Safety Code,
62-18    under Section 245.004, Health and Safety Code, as it existed
62-19    immediately before the effective date of this Act, but that is
62-20    required to be licensed under Section 245.004, Health and Safety
62-21    Code, as amended by this Act, is not required to be licensed before
62-22    January 1, 2000.
62-23          SECTION 22.05.  (a) The change in law made by this article to
62-24    Section 245.014, Health and Safety Code, applies only to the
62-25    punishment for an offense committed on or after the effective date
62-26    of this Act.  For purposes of this section, an offense is committed
62-27    before the effective date of this Act if any element of the offense
62-28    occurs before the effective date.
62-29          (b)  An offense committed before the effective date of this
62-30    Act is covered by the law in effect when the offense was committed,
62-31    and the former law is continued in effect for that purpose.
62-32          SECTION 22.06.  (a)  The change in law made by Section
62-33    245.016, Health and Safety Code, as amended by this article,
62-34    applies only to the punishment for an offense committed on or after
62-35    the effective date of this Act. For purposes of this section, an
62-36    offense is committed before the effective date of this Act if any
62-37    element of the offense occurs before the effective date.
62-38          (b)  An offense committed before the effective date of this
62-39    Act is covered by the law in effect when the offense was committed,
62-40    and the former law is continued in effect for that purpose.
62-41       ARTICLE 23.  CERTAIN PROVISIONS RELATING TO CANCER REGISTRIES
62-42          SECTION 23.01.  Section 82.008(e), Health and Safety Code, is
62-43    amended to read as follows:
62-44          (e)  The data required to be furnished under this section may
62-45    also be furnished only to:
62-46                (1)  cancer registries of hospitals; and
62-47                (2)  cancer registries of cancer treatment centers.
62-48          SECTION 23.02.  Section 82.009(d), Health and Safety Code, is
62-49    amended to read as follows:
62-50          (d)  Data furnished to a hospital cancer registry or a cancer
62-51    treatment center cancer registry under Section 82.008(e) is for the
62-52    confidential use of the hospital cancer registry or the cancer
62-53    treatment center cancer registry, as applicable, and is subject to
62-54    Subsection (a).
62-55          SECTION 23.03. Section 161.021(a), Health and Safety Code, is
62-56    amended to read as follows:
62-57          (a)  Unless prohibited by other law, a person, including a
62-58    hospital, sanatorium, nursing home, rest home, medical society,
62-59    cancer registry, or other organization, may provide interviews,
62-60    reports, statements, memoranda, or other information relating to
62-61    the condition and treatment of any person, to be used in a study to
62-62    reduce morbidity or mortality or to identify persons who may need
62-63    immunization, to:
62-64                (1)  the department;
62-65                (2)  a person that makes inquiries under immunization
62-66    surveys conducted for the department;
62-67                (3)  a medical organization;
62-68                (4)  a hospital;
62-69                (5)  a hospital committee; or
 63-1                (6)  a cancer registry, including a cancer registry of
 63-2    a  cancer treatment center as defined by Section 82.002.
 63-3            ARTICLE 24.  CERTAIN EDUCATION PROGRAMS FOR MINORS
 63-4          SECTION 24.01.  Section 85.007, Health and Safety Code, is
 63-5    amended by adding Subsection (c) to read as follows:
 63-6          (c)  In addition, the materials in the education program
 63-7    intended for persons younger than 18 years of age must:
 63-8                (1)  teach that sexual activity before marriage is
 63-9    likely to have harmful psychological and physical consequences;
63-10                (2)  teach adolescents ways to recognize and respond to
63-11    unwanted physical and verbal sexual advances;
63-12                (3)  teach that the use of alcohol or drugs increases a
63-13    person's vulnerability to unwanted sexual advances; and
63-14                (4)  emphasize the importance of attaining
63-15    self-sufficiency before engaging in sexual activity.
63-16       ARTICLE 25.  CERTAIN PROVISIONS RELATING TO THE PREVENTION OF
63-17                     CARDIOVASCULAR DISEASE AND STROKE
63-18          SECTION 25.01.  Subtitle D, Title 2, Health and Safety Code,
63-19    is amended by adding Chapter 93 to read as follows:
63-20        CHAPTER 93. PREVENTION OF CARDIOVASCULAR DISEASE AND STROKE
63-21                     SUBCHAPTER A. GENERAL PROVISIONS
63-22          Sec. 93.001.  DEFINITIONS.  In this chapter:
63-23                (1)  "Cardiovascular disease" means the group of
63-24    diseases that target the heart and blood vessels and that are the
63-25    result of complex interactions between multiple inherited traits
63-26    and environmental factors.
63-27                (2)  "Council" means the Council on Cardiovascular
63-28    Disease and Stroke.
63-29          Sec. 93.002.  APPOINTMENT OF COUNCIL; TERMS OF MEMBERS.  (a)
63-30    The Council on Cardiovascular Disease and Stroke is composed of 12
63-31    members appointed by the board.
63-32          (b)  Members of the council serve staggered six-year terms
63-33    with the terms of one-third of the members expiring February 1 of
63-34    each odd-numbered year.
63-35          Sec. 93.003.  COMPENSATION; REIMBURSEMENT.  (a)  A member of
63-36    the council may not receive compensation for service on the council
63-37    and, except as provided by Subsection (b), may not be reimbursed
63-38    for travel expenses incurred while conducting the business of the
63-39    council.
63-40          (b)  The commissioner may authorize reimbursement of the
63-41    travel expenses incurred by a member while conducting the business
63-42    of the council, as provided in the General Appropriations Act, if
63-43    the commissioner finds on application of the member that travel for
63-44    council business imposes a financial hardship on the member.
63-45          Sec. 93.004.  DUTIES OF DEPARTMENT; FUNDS.  The department
63-46    shall accept funds appropriated for the purposes of this chapter
63-47    and shall allocate those funds.  The council shall make
63-48    recommendations to the department concerning the allocation of
63-49    funds.
63-50          Sec. 93.005.  CONSULTANTS; ADVISORY COMMITTEE.  To advise and
63-51    assist the council with respect to the council's duties under this
63-52    chapter, the council may appoint one or more:
63-53                (1)  consultants to the council; or
63-54                (2)  advisory committees under Chapter 2110, Government
63-55    Code.
63-56          Sec. 93.006.  REPORT TO BOARD AND LEGISLATURE.  (a)  Not
63-57    later than January 15 of each year, the council shall report to the
63-58    board on the activities of the council in the preceding calendar
63-59    year.
63-60          (b)  Not later than January 15 of each odd-numbered year, the
63-61    council shall report to the lieutenant governor and the speaker of
63-62    the house of representatives on the activities of the council in
63-63    the preceding two calendar years.
63-64              (Sections 93.007-93.050 reserved for expansion
63-65                SUBCHAPTER B. POWERS AND DUTIES OF COUNCIL
63-66          Sec. 93.051.  CARDIOVASCULAR DISEASE AND STROKE PREVENTION
63-67    PLAN; DUTIES OF COUNCIL.  The council shall develop an effective
63-68    and resource-efficient plan to reduce the morbidity, mortality, and
63-69    economic burden of cardiovascular disease and stroke in this state.
 64-1    The council shall:
 64-2                (1)  conduct health education, public awareness, and
 64-3    community outreach activities that relate to cardiovascular disease
 64-4    and stroke;
 64-5                (2)  promote, enhance, and coordinate  health
 64-6    education, public awareness, and community outreach activities that
 64-7    relate to cardiovascular disease and stroke and that are provided
 64-8    by private and other public organizations;
 64-9                (3)  coordinate activities with other entities that are
64-10    concerned with medical conditions that are similar to
64-11    cardiovascular disease and stroke or that have similar risk
64-12    factors;
64-13                (4)  identify to health care providers, employers,
64-14    schools, community health centers, and other groups the benefits of
64-15    encouraging treatment, prevention, and public awareness of
64-16    cardiovascular disease and stroke and recognize innovative and
64-17    effective programs that achieve the objectives of improved
64-18    treatment, prevention, and public awareness;
64-19                (5)  provide guidance regarding the roles and
64-20    responsibilities of government agencies, health care providers,
64-21    employers, third-party payers, patients, and families of patients
64-22    in the treatment, prevention, and public awareness of
64-23    cardiovascular disease and stroke;
64-24                (6)  improve access to treatment for and prevention of
64-25    cardiovascular disease and stroke through public awareness
64-26    programs, including access for uninsured individuals and
64-27    individuals living in rural or underserved areas;
64-28                (7)  assist communities to develop comprehensive local
64-29    cardiovascular disease and stroke prevention programs;
64-30                (8)  assist the Texas Education Agency and local school
64-31    districts to promote a public school curriculum that includes
64-32    physical, nutritional, and health education relating to
64-33    cardiovascular disease and stroke prevention; and
64-34                (9)  evaluate and enhance the implementation and
64-35    effectiveness of the program developed under this chapter.
64-36          Sec. 93.052.  DATABASE OF CLINICAL RESOURCES.  The council
64-37    shall review available clinical resources and shall develop a
64-38    database of recommendations for appropriate care and treatment of
64-39    patients with cardiovascular disease or who have suffered from or
64-40    are at risk for  stroke. The council shall make the database
64-41    accessible to the public.
64-42          Sec. 93.053.  CARDIOVASCULAR DISEASE AND STROKE DATABASE.
64-43    (a)  The council shall collect and analyze information related to
64-44    cardiovascular disease and stroke at the state and regional level,
64-45    and, to the extent feasible, at the local level.  The council shall
64-46    obtain the information from federal and state agencies and from
64-47    private and public organizations.  The council shall maintain a
64-48    database of this information.
64-49          (b)  The database may include:
64-50                (1)  information related to behavioral risk factors
64-51    identified for cardiovascular disease and stroke;
64-52                (2)  morbidity and mortality rates for cardiovascular
64-53    disease and stroke; and
64-54                (3)  community indicators relevant to cardiovascular
64-55    disease and stroke.
64-56          (c)  In compiling the database, the council may use
64-57    information available from other sources, such as the Behavioral
64-58    Risk Factor Surveillance System established by  The Centers for
64-59    Disease Control and Prevention, reports of hospital discharge data,
64-60    and information included in death certificates.
64-61          Sec. 93.054.  INFORMATION RECEIVED FROM ANOTHER STATE AGENCY;
64-62    CONFIDENTIALITY.  (a)  To perform its duties under this chapter,
64-63    the  council may request and receive information in the possession
64-64    of any state agency.  In addition to the restriction imposed by
64-65    Subsection (b), information provided to the council under this
64-66    subsection is subject to any restriction on disclosure or use of
64-67    the information that is imposed by law on the agency from which the
64-68    council obtained the information.
64-69          (b)  Information in the possession of the council that
 65-1    identifies a patient or that is otherwise confidential under law is
 65-2    confidential, is excepted from required public disclosure under
 65-3    Chapter 552, Government Code, and may not be disclosed for any
 65-4    purpose.
 65-5          SECTION 25.02.  In appointing the initial members of the
 65-6    Council on Cardiovascular Disease and Stroke, the Texas Board of
 65-7    Health shall appoint four persons to terms expiring February 1,
 65-8    2001; four to terms expiring February 1, 2003; and four to terms
 65-9    expiring February 1, 2005.
65-10                  ARTICLE 26.  EFFECTIVE DATE; EMERGENCY
65-11          SECTION 26.01.  This Act takes effect September 1, 1999.
65-12          SECTION 26.02.  The importance of this legislation and the
65-13    crowded condition of the calendars in both houses create an
65-14    emergency and an imperative public necessity that the
65-15    constitutional rule requiring bills to be read on three several
65-16    days in each house be suspended, and this rule is hereby suspended.
65-17                                 * * * * *