76R9466 MXM-F
By Uher H.B. No. 2175
Substitute the following for H.B. No. 2175:
By Glaze C.S.H.B. No. 2175
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of the practice of chiropractic.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 5, Chapter 94, Acts of the 51st
1-5 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
1-6 Civil Statutes), is amended to read as follows:
1-7 Sec. 5. The Board shall maintain records regarding each
1-8 person licensed or registered with the Board. The records must
1-9 include that name, residence address, and address of each place of
1-10 business at which the person engages in the practice of
1-11 chiropractic [preserve a record of its proceedings in a book kept
1-12 for that purpose, showing name, age, place, and duration of
1-13 residence of each applicant, the time spent in the study of
1-14 chiropractic in respective chiropractic schools, together with such
1-15 other information as the Board may desire to record. Said register
1-16 shall also show whether applicants were rejected or licensed and
1-17 shall be prima-facie evidence of all matters contained therein.
1-18 The secretary of the Board shall on May 1st of each year transmit
1-19 an official copy of said register to the Secretary of State for
1-20 permanent record, a certified copy of which, with hand and seal of
1-21 the secretary of said Board or the hand of the Secretary of State
1-22 under the state seal, shall be admitted in evidence in all courts].
1-23 SECTION 2. Section 5a(c), Chapter 94, Acts of the 51st
1-24 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
2-1 Civil Statutes), is amended to read as follows:
2-2 (c) The Board shall bring an action for injunctive
2-3 proceedings or other civil proceedings as necessary to enforce this
2-4 Act. [A person who violates this section commits an offense. An
2-5 offense under this section is a Class A misdemeanor. If it is
2-6 shown at a trial of an offense under this section that the
2-7 defendant has previously been convicted under this section, the
2-8 offense is a felony of the third degree. Each day of violation
2-9 constitutes a separate offense.]
2-10 SECTION 3. Sections 19 and 19a, Chapter 94, Acts of the 51st
2-11 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
2-12 Civil Statutes), are repealed.
2-13 SECTION 4. (a) Except as provided by Subsection (b) of this
2-14 section, the remedy for an offense or violation under Section
2-15 5a(c), 19, or 19a, Chapter 94, Acts of the 51st Legislature,
2-16 Regular Session, 1949 (Article 4512b, Vernon's Texas Civil
2-17 Statutes), regardless of whether the offense or violation is
2-18 committed before, on, or after the effective date of this Act, is
2-19 the remedy provided by Section 5a(c), Chapter 94, Acts of the 51st
2-20 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
2-21 Civil Statutes), as amended by this Act.
2-22 (b) This section does not apply to the punishment of a
2-23 defendant finally convicted before the effective date of this Act.
2-24 The punishment for a final conviction that exists on the effective
2-25 date of this Act is unaffected by this Act.
2-26 SECTION 5. This Act takes effect September 1, 1999.
2-27 SECTION 6. The importance of this legislation and the
3-1 crowded condition of the calendars in both houses create an
3-2 emergency and an imperative public necessity that the
3-3 constitutional rule requiring bills to be read on three several
3-4 days in each house be suspended, and this rule is hereby suspended.