76R14172 SMH-F By Maxey H.B. No. 2394 Substitute the following for H.B. No. 2394: By Maxey C.S.H.B. No. 2394 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the regulation of the practice of optometry. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Section 3.02(a), Texas Optometry Act (Article 1-5 4552-3.02, Vernon's Texas Civil Statutes), is amended to read as 1-6 follows: 1-7 (a) The applicant shall make application, furnishing to the 1-8 executive director, on forms to be furnished by the board, 1-9 satisfactory sworn evidence that the applicant has attained the age 1-10 of majority, is of good moral character, and has a preliminary 1-11 education equivalent to permit the applicant to matriculate in The 1-12 University of Texas, and that the applicant has attended and 1-13 graduated from a reputable college of optometry which meets with 1-14 the requirements of the board, and such other information as the 1-15 board may deem necessary for the enforcement of this Act. An 1-16 applicant may take the examination without having graduated if: 1-17 (1) the dean of a college of optometry that meets the 1-18 requirements of the board notifies the board in writing that the 1-19 applicant is enrolled in good standing in the college and is in the 1-20 final semester before graduation; and 1-21 (2) the applicant meets the other requirements of this 1-22 subsection. 1-23 SECTION 2. Article 3, Texas Optometry Act (Article 4552-3.01 1-24 et seq., Vernon's Texas Civil Statutes), is amended by adding 2-1 Section 3.085 to read as follows: 2-2 Sec. 3.085. LICENSE WITHOUT EXAMINATION. The board may 2-3 issue a license to practice therapeutic optometry without requiring 2-4 the applicant to pass all or part of the examination required by 2-5 Section 3.01 of this Act if: 2-6 (1) the applicant is licensed in good standing as a 2-7 therapeutic optometrist in another state, the District of Columbia, 2-8 or a territory of the United States; 2-9 (2) the applicant has passed an examination that is 2-10 substantially equivalent to the examination required by Section 2-11 3.01 of this Act; 2-12 (3) during at least five of the seven years preceding 2-13 the application date, the applicant has been: 2-14 (A) actively engaged in the practice of 2-15 therapeutic optometry; or 2-16 (B) engaged in full-time teaching at an 2-17 accredited college of optometry or medicine; 2-18 (4) there are no pending disciplinary actions against 2-19 the applicant in the state, district, or territory in which the 2-20 applicant is licensed; and 2-21 (5) the applicant's license has never been suspended 2-22 or revoked. 2-23 SECTION 3. This Act takes effect September 1, 1999. 2-24 SECTION 4. The importance of this legislation and the 2-25 crowded condition of the calendars in both houses create an 2-26 emergency and an imperative public necessity that the 2-27 constitutional rule requiring bills to be read on three several 3-1 days in each house be suspended, and this rule is hereby suspended.