1-1 By: Uher (Senate Sponsor - Armbrister) H.B. No. 2175
1-2 (In the Senate - Received from the House May 5, 1999;
1-3 May 6, 1999, read first time and referred to Committee on Health
1-4 Services; May 13, 1999, reported favorably, as amended, by the
1-5 following vote: Yeas 5, Nays 0; May 13, 1999, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Nelson
1-7 Amend HB 2175 as follows:
1-8 (1) On page 1, line 21, strike "residence address,".
1-9 (2) On page 1, line 46, strike "Sections 19 and 19a" and
1-10 substitute "Section 19".
1-11 (3) On page 1, line 48, strike "are" and substitute "is".
1-12 A BILL TO BE ENTITLED
1-13 AN ACT
1-14 relating to the regulation of the practice of chiropractic.
1-15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-16 SECTION 1. Section 5, Chapter 94, Acts of the 51st
1-17 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
1-18 Civil Statutes), is amended to read as follows:
1-19 Sec. 5. The Board shall maintain records regarding each
1-20 person licensed or registered with the Board. The records must
1-21 include that name, residence address, and address of each place of
1-22 business at which the person engages in the practice of
1-23 chiropractic [preserve a record of its proceedings in a book kept
1-24 for that purpose, showing name, age, place, and duration of
1-25 residence of each applicant, the time spent in the study of
1-26 chiropractic in respective chiropractic schools, together with such
1-27 other information as the Board may desire to record. Said register
1-28 shall also show whether applicants were rejected or licensed and
1-29 shall be prima-facie evidence of all matters contained therein.
1-30 The secretary of the Board shall on May 1st of each year transmit
1-31 an official copy of said register to the Secretary of State for
1-32 permanent record, a certified copy of which, with hand and seal of
1-33 the secretary of said Board or the hand of the Secretary of State
1-34 under the state seal, shall be admitted in evidence in all courts].
1-35 SECTION 2. Section 5a(c), Chapter 94, Acts of the 51st
1-36 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
1-37 Civil Statutes), is amended to read as follows:
1-38 (c) The Board shall bring an action for injunctive
1-39 proceedings or other civil proceedings as necessary to enforce this
1-40 Act. [A person who violates this section commits an offense. An
1-41 offense under this section is a Class A misdemeanor. If it is
1-42 shown at a trial of an offense under this section that the
1-43 defendant has previously been convicted under this section, the
1-44 offense is a felony of the third degree. Each day of violation
1-45 constitutes a separate offense.]
1-46 SECTION 3. Sections 19 and 19a, Chapter 94, Acts of the 51st
1-47 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
1-48 Civil Statutes), are repealed.
1-49 SECTION 4. (a) Except as provided by Subsection (b) of this
1-50 section, the remedy for an offense or violation under Section
1-51 5a(c), 19, or 19a, Chapter 94, Acts of the 51st Legislature,
1-52 Regular Session, 1949 (Article 4512b, Vernon's Texas Civil
1-53 Statutes), regardless of whether the offense or violation is
1-54 committed before, on, or after the effective date of this Act, is
1-55 the remedy provided by Section 5a(c), Chapter 94, Acts of the 51st
1-56 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
1-57 Civil Statutes), as amended by this Act.
1-58 (b) This section does not apply to the punishment of a
1-59 defendant finally convicted before the effective date of this Act.
1-60 The punishment for a final conviction that exists on the effective
1-61 date of this Act is unaffected by this Act.
1-62 SECTION 5. This Act takes effect September 1, 1999.
1-63 SECTION 6. The importance of this legislation and the
2-1 crowded condition of the calendars in both houses create an
2-2 emergency and an imperative public necessity that the
2-3 constitutional rule requiring bills to be read on three several
2-4 days in each house be suspended, and this rule is hereby suspended.
2-5 * * * * *