By Hamric H.B. No. 2577
76R7557 SMH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the payment of certain professional fees and taxes by
1-3 persons holding more than one professional license.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. DEFINITIONS. In this Act:
1-6 (1) "License" includes a license, certificate,
1-7 registration, permit, or other authorization, required by law or
1-8 state agency rule, that a person must obtain to practice or engage
1-9 in a particular business or occupation.
1-10 (2) "Licensing agency" means a department, commission,
1-11 board, office, or other agency of the state, created by the
1-12 constitution or a statute of this state, that issues a license to
1-13 or otherwise regulates a person who practices or engages in a
1-14 particular business or occupation. The term includes the
1-15 comptroller for the purposes of a tax collected under Subchapter H,
1-16 Chapter 191, Tax Code.
1-17 SECTION 2. LICENSING FEE EXEMPTION. (a) A person who is
1-18 otherwise subject to more than one of the fee increases or the tax
1-19 listed in this section is entitled to an exemption from paying an
1-20 increase or tax relating to a license other than the license first
1-21 obtained by the person.
1-22 (b) This Act applies to a fee increase or tax imposed under:
1-23 (1) Section 3.11A, Medical Practice Act (Article
1-24 4495b, Vernon's Texas Civil Statutes);
2-1 (2) Section 9A, Public Accountancy Act of 1991
2-2 (Article 41a-1, Vernon's Texas Civil Statutes);
2-3 (3) Section 4C, Chapter 478, Acts of the 45th
2-4 Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
2-5 Civil Statutes);
2-6 (4) Section 13B, The Texas Engineering Practice Act
2-7 (Article 3271a, Vernon's Texas Civil Statutes);
2-8 (5) Section 11A, The Real Estate License Act (Article
2-9 6573a, Vernon's Texas Civil Statutes); and
2-10 (6) Subchapter H, Chapter 191, Tax Code.
2-11 SECTION 3. PROCEDURE FOR OBTAINING EXEMPTION. (a) A person
2-12 may claim an exemption under this section by timely paying the
2-13 appropriate fee increase or tax and presenting a receipt for that
2-14 payment to the other applicable licensing agencies along with a
2-15 written statement claiming the exemption.
2-16 (b) A licensing agency affected by the exemption under this
2-17 Act shall adopt rules and procedures relating to how the exemption
2-18 is obtained.
2-19 (c) Rules adopted under this section must include procedures
2-20 to inform license holders of the exemption provided by this Act.
2-21 (d) A licensing agency shall prescribe forms as necessary to
2-22 perform the agency's duties under this Act, including a form for a
2-23 notice of exemption. The comptroller by rule may prescribe a
2-24 standard form for receipts and for claims of exemption under this
2-25 Act. A claimed exemption is not invalid for failure to use a
2-26 standard form.
2-27 SECTION 4. CONFORMING AMENDMENT. Section 3.11A, Medical
3-1 Practice Act (Article 4495b, Vernon's Texas Civil Statutes), is
3-2 amended to read as follows:
3-3 Sec. 3.11A. DISPOSITION OF INCREASE IN FEES. (a) This
3-4 section applies to each of the following fees:
3-5 (1) fee for processing and granting a license by
3-6 reciprocity to a licensee of another state;
3-7 (2) fee for processing an application and
3-8 administration of a partial examination for licensure;
3-9 (3) fee for processing an application and
3-10 administration of a complete examination for licensure;
3-11 (4) fee for processing an application and issuance of
3-12 a license of reinstatement after a lapse or cancellation of a
3-13 license; and
3-14 (5) fee for processing an application and issuance of
3-15 an annual registration of a licensee.
3-16 (b) Of each fee collected, $50 shall be deposited to the
3-17 credit of the foundation school fund and $150 shall be deposited to
3-18 the credit of the general revenue fund. This subsection applies to
3-19 the disposition of the stated portion of each fee regardless of any
3-20 other provision of law providing for a different disposition of
3-21 funds. The stated portion of each fee is an increase in fees for
3-22 purposes of an exemption in the payment of a professional fee or
3-23 tax that may be granted to a person licensed under this Act.
3-24 SECTION 5. TRANSITION. (a) Except as provided by
3-25 Subsection (b) of this section, this Act takes effect September 1,
3-26 1999.
3-27 (b) Section 2 of this Act takes effect January 1, 2000, and
4-1 applies only to an increase in fees or tax that becomes due on or
4-2 after that date.
4-3 (c) A licensing agency subject to this Act shall adopt rules
4-4 under this Act not later than November 1, 1999.
4-5 SECTION 6. EMERGENCY. The importance of this legislation
4-6 and the crowded condition of the calendars in both houses create an
4-7 emergency and an imperative public necessity that the
4-8 constitutional rule requiring bills to be read on three several
4-9 days in each house be suspended, and this rule is hereby suspended.