By Carona S.B. No. 164
76R1179 SMH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the inactive status of, and related fees and taxes
1-3 applying to, persons licensed to practice or engage in certain
1-4 occupations and professions.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 3.11A, Medical Practice Act (Article
1-7 4495b, Vernon's Texas Civil Statutes), is amended by adding
1-8 Subsection (c) to read as follows:
1-9 (c) This section does not apply to a fee charged a license
1-10 holder on inactive status.
1-11 SECTION 2. Section 2.09(c), Medical Practice Act (Article
1-12 4495b, Vernon's Texas Civil Statutes), is amended to read as
1-13 follows:
1-14 (c) The board may make rules and establish fees as are
1-15 reasonable relating to the granting and extension of expiration
1-16 dates of temporary licenses and shall make rules and establish fees
1-17 as are reasonable relating to the placing of licensees on inactive
1-18 status. A licensee on inactive status is not required to pay a
1-19 license renewal fee. The board shall by rule set time limits on the
1-20 periods for which licensees may hold temporary licenses or maintain
1-21 inactive status.
1-22 SECTION 3. Article 4550c, Revised Statutes, is amended by
1-23 adding Subsection (c) to read as follows:
1-24 (c) A fee increase imposed by this section does not apply to
2-1 a license holder whose license is on inactive status.
2-2 SECTION 4. Article 4550a, Revised Statutes, is amended by
2-3 adding Section 2B to read as follows:
2-4 Sec. 2B. (a) The Board by rule shall adopt a system by which
2-5 a person may place the person's license on inactive status. A
2-6 person must apply for inactive status, on a form prescribed by the
2-7 Board, before the expiration date of the license.
2-8 (b) A person whose license is on inactive status is not
2-9 required to pay a license renewal fee.
2-10 (c) A person whose license is on inactive status may not
2-11 perform any activity regulated under this Act.
2-12 (d) A person whose license is on inactive status and who
2-13 wishes to return to active practice shall notify the Board in
2-14 writing. The Board shall remove the person's license from inactive
2-15 status on payment of an administrative fee and on compliance with
2-16 any educational or other requirements established by Board rules.
2-17 SECTION 5. Section 3.10, Texas Optometry Act (Article
2-18 4552-3.10, Vernon's Texas Civil Statutes), is amended to read as
2-19 follows:
2-20 Sec. 3.10. INACTIVE STATUS. The board by rule shall [may]
2-21 provide for a person who holds a license under this Act to be
2-22 placed on inactive status.
2-23 SECTION 6. Section 11B, Chapter 94, Acts of the 51st
2-24 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
2-25 Civil Statutes), is amended by adding Subsection (c) to read as
2-26 follows:
2-27 (c) A fee increase imposed by this section does not apply to
3-1 a person whose license is on inactive status.
3-2 SECTION 7. Section 16B, Psychologists' Licensing Act
3-3 (Article 4512c, Vernon's Texas Civil Statutes), is amended by
3-4 adding Subsection (d) to read as follows:
3-5 (d) A fee increase imposed by this section does not apply to
3-6 a psychologist whose license is on inactive status.
3-7 SECTION 8. Section 9A, Public Accountancy Act of 1991
3-8 (Article 41a-1, Vernon's Texas Civil Statutes), is amended by
3-9 adding Subsection (f) to read as follows:
3-10 (f) The increase in fees and the additional fee provided by
3-11 Subsections (a) and (b) of this section do not apply to a license
3-12 holder whose license is on inactive status.
3-13 SECTION 9. The Public Accountancy Act of 1991 (Article
3-14 41a-1, Vernon's Texas Civil Statutes) is amended by adding Section
3-15 9B to read as follows:
3-16 Sec. 9B. INACTIVE STATUS. (a) The board by rule shall
3-17 adopt a system by which a license holder may place the person's
3-18 license on inactive status. A license holder must apply for
3-19 inactive status, on a form prescribed by the board, before the
3-20 expiration date of the license.
3-21 (b) A license holder whose license is on inactive status is
3-22 not required to pay license renewal fees or biennial license fees.
3-23 (c) A license holder whose license is on inactive status may
3-24 not perform any activity regulated under this Act.
3-25 (d) A license holder whose license is on inactive status and
3-26 who wishes to return to active practice shall notify the board in
3-27 writing. The board shall remove the license holder's license from
4-1 inactive status on payment of an administrative fee and on
4-2 compliance with any educational or other requirements established
4-3 by board rules.
4-4 SECTION 10. Section 4C, Chapter 478, Acts of the 45th
4-5 Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
4-6 Civil Statutes), is amended by adding Subsection (c) to read as
4-7 follows:
4-8 (c) A fee increase imposed by this section does not apply to
4-9 a registered architect whose certificate of registration is on
4-10 inactive status.
4-11 SECTION 11. Chapter 478, Acts of the 45th Legislature,
4-12 Regular Session, 1937 (Article 249a, Vernon's Texas Civil
4-13 Statutes), is amended by adding Section 11A to read as follows:
4-14 Sec. 11A. (a) The Board by rule shall adopt a system by
4-15 which a registered architect may place the person's certificate of
4-16 registration on inactive status. A registered architect must apply
4-17 for inactive status, on a form prescribed by the Board, before the
4-18 expiration date of the certificate of registration.
4-19 (b) A registered architect whose certificate of registration
4-20 is on inactive status is not required to pay certificate of
4-21 registration renewal fees.
4-22 (c) A registered architect whose certificate of registration
4-23 is on inactive status may not perform any activity regulated under
4-24 this Act.
4-25 (d) A registered architect whose certificate of registration
4-26 is on inactive status and who wishes to return to active practice
4-27 shall notify the Board in writing. The Board shall remove the
5-1 registered architect's certificate of registration from inactive
5-2 status on payment of an administrative fee and on compliance with
5-3 educational or other requirements established by Board rules.
5-4 SECTION 12. Section 13B, The Texas Engineering Practice Act
5-5 (Article 3271a, Vernon's Texas Civil Statutes), is amended by
5-6 adding Subsection (d) to read as follows:
5-7 (d) A fee increase imposed by this section does not apply to
5-8 a licensed professional engineer whose license is on inactive
5-9 status.
5-10 SECTION 13. The Texas Engineering Practice Act (Article
5-11 3271a, Vernon's Texas Civil Statutes) is amended by adding Section
5-12 16.2 to read as follows:
5-13 Sec. 16.2. (a) The Board by rule shall adopt a system by
5-14 which a license holder may place the person's license on inactive
5-15 status. A license holder must apply for inactive status, on a form
5-16 prescribed by the Board, before the expiration date of the person's
5-17 license.
5-18 (b) A license holder whose license is on inactive status is
5-19 not required to pay license renewal fees.
5-20 (c) A license holder whose license is on inactive status may
5-21 not perform any activity regulated under this Act.
5-22 (d) A license holder whose license is on inactive status and
5-23 who wishes to return to active practice shall notify the Board in
5-24 writing. The Board shall remove the license holder's license from
5-25 inactive status on payment of an administrative fee and on
5-26 compliance with any educational or other requirements established
5-27 by Board rules.
6-1 SECTION 14. Section 11A, The Real Estate License Act
6-2 (Article 6573a, Vernon's Texas Civil Statutes), is amended by
6-3 adding Subsection (c) to read as follows:
6-4 (c) A fee increase imposed by this section does not apply to
6-5 a person on inactive status.
6-6 SECTION 15. Subsection A, Section 42, The Securities Act
6-7 (Article 581-42, Vernon's Texas Civil Statutes), is amended to read
6-8 as follows:
6-9 A. The Board by rule may adopt reduced fees [,] under
6-10 Section [Sections] 35 [and 41] of this Act[,] for original and
6-11 renewal applications of dealers, agents, officers, or salesmen who
6-12 have assumed inactive status as defined by the Board. A fee
6-13 increase imposed by Section 41 of this Act does not apply to an
6-14 original or renewal application of a dealer, agent, officer, or
6-15 salesman who has assumed inactive status as defined by the Board.
6-16 SECTION 16. Section 10B(b), The Veterinary Licensing Act
6-17 (Article 8890, Revised Statutes), is amended to read as follows:
6-18 (b) The Board by rule shall [may] provide for a person who
6-19 holds a license under this Act to be placed on inactive status.
6-20 Rules adopted under this subsection shall include a time limit for
6-21 a licensee to remain on inactive status.
6-22 SECTION 17. The change in law made by this Act applies only
6-23 to a fee or tax imposed on or after September 1, 1999.
6-24 SECTION 18. This Act takes effect September 1, 1999.
6-25 SECTION 19. The importance of this legislation and the
6-26 crowded condition of the calendars in both houses create an
6-27 emergency and an imperative public necessity that the
7-1 constitutional rule requiring bills to be read on three several
7-2 days in each house be suspended, and this rule is hereby suspended.