AN ACT
1-1 relating to the filing of reports with the secretary of state
1-2 regarding persons licensed by the state.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (a), Section 50.008, Human Resources
1-5 Code, is amended to read as follows:
1-6 (a) A roster showing the names and addresses, as reflected
1-7 by the board's records, of all licensed master social workers,
1-8 licensed social workers, and social work associates licensed by the
1-9 board shall be prepared and published by the board at its
1-10 discretion. Copies of the roster shall be mailed to each person
1-11 licensed by the board [and placed on file with the secretary of
1-12 state].
1-13 SECTION 2. Section 11, The Texas Engineering Practice Act
1-14 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
1-15 as follows:
1-16 Sec. 11. ROSTER OF LICENSED ENGINEERS. A roster showing the
1-17 names and places of business of all licensed professional engineers
1-18 shall be prepared and published by the Board each biennium at a
1-19 time determined by the Board. Copies of this roster shall be
1-20 furnished without charge to any engineer licensed by the Board on
1-21 the written request of the engineer[, placed on file with the
1-22 Secretary of State,] and furnished to any person upon written
1-23 request who tenders a reproduction fee set by the Board.
1-24 SECTION 3. Section 5, Chapter 94, Acts of the 51st
2-1 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
2-2 Civil Statutes), is amended to read as follows:
2-3 Sec. 5. The Board shall preserve a record of its proceedings
2-4 in a book kept for that purpose, showing name, age, place, and
2-5 duration of residence of each applicant, the time spent in the
2-6 study of chiropractic in respective chiropractic schools, together
2-7 with such other information as the Board may desire to record.
2-8 Said register shall also show whether applicants were rejected or
2-9 licensed and shall be prima-facie evidence of all matters contained
2-10 therein. A [The secretary of the Board shall on May 1st of each
2-11 year transmit an official copy of said register to the Secretary of
2-12 State for permanent record, a] certified copy of the register
2-13 [which], with hand and seal of the secretary of said Board [or the
2-14 hand of the Secretary of State under the state seal], shall be
2-15 admitted in evidence in all courts.
2-16 SECTION 4. Section 18, Psychologists' Licensing Act (Article
2-17 4512c, Vernon's Texas Civil Statutes), is amended to read as
2-18 follows:
2-19 Sec. 18. ROSTER OF CERTIFIED AND LICENSED PSYCHOLOGISTS.
2-20 The Board shall, on an annual basis, publish a list of all
2-21 psychologists certified or licensed under this Act. The list shall
2-22 contain the name and address of the psychologist and such other
2-23 information that the Board deems desirable. The list shall be
2-24 arranged both alphabetically and geographically. The Board shall
2-25 mail a copy of this list to each person licensed under this Act[,
2-26 shall place a copy on file with the Secretary of State] and shall
3-1 furnish copies to the public upon request.
3-2 SECTION 5. Subsection (b), Section 4, Chapter 836, Acts of
3-3 the 62nd Legislature, Regular Session, 1971 (Article 4512e,
3-4 Vernon's Texas Civil Statutes), is amended to read as follows:
3-5 (b) The secretary shall keep a record of each meeting of the
3-6 board and maintain a register containing the names of all physical
3-7 therapists licensed under this Act, which shall be at all times
3-8 open to public inspection. On March 1 of each year, the
3-9 coordinator of physical therapy programs shall transmit an official
3-10 copy of the list of the licensees to the executive council [and the
3-11 secretary of state for permanent record], a certified copy of which
3-12 shall be admissible as evidence in any court of this state.
3-13 SECTION 6. Subsection (b), Section 2.06, Texas Optometry Act
3-14 (Article 4552-2.06, Vernon's Texas Civil Statutes), is amended to
3-15 read as follows:
3-16 (b) A record shall be kept showing the name, age, and
3-17 present legal and mailing address of each applicant for
3-18 examination, the name and location of the school of optometry from
3-19 which the applicant holds credentials, and the time devoted to the
3-20 study and practice of optometry, together with such information as
3-21 the board may desire to record. Said record shall also show
3-22 whether applicants were rejected or licensed and shall be prima
3-23 facie evidence of all matters therein contained. [The executive
3-24 director shall on or before September 1 of each year send a
3-25 certified copy of said record to the secretary of state for
3-26 permanent record.] A certified copy of said record with the hand
4-1 and seal of the executive director [to the secretary of state,]
4-2 shall be admitted as evidence in all courts.
4-3 SECTION 7. Subdivision (2), Subsection E, Section 2, Chapter
4-4 251, Acts of the 53rd Legislature, Regular Session, 1953 (Article
4-5 4582b, Vernon's Texas Civil Statutes), is amended to read as
4-6 follows:
4-7 (2) The commission shall file annually with the
4-8 Governor a list of the names of all duly licensed funeral
4-9 directors, embalmers, and funeral establishments. A [copy shall be
4-10 filed with the Secretary of State for permanent record, a]
4-11 certified copy of the list [which, under the hand of the Secretary
4-12 of State and the state seal,] shall be admissible as evidence in
4-13 all courts.
4-14 SECTION 8. Subsection (f), Section 3, Occupational Therapy
4-15 Practice Act (Article 8851, Vernon's Texas Civil Statutes), is
4-16 amended to read as follows:
4-17 (f) The coordinator of occupational therapy programs shall
4-18 keep a record of each meeting of the board and maintain a register
4-19 containing the names of all persons licensed under this Act, which
4-20 shall be at all times open to public inspection. On March 1 of
4-21 each year, the coordinator of occupational therapy programs shall
4-22 transmit an official copy of the list of the licensees to the
4-23 executive council [and the secretary of state for permanent
4-24 record], a certified copy of which shall be admissible as evidence
4-25 in any court of this state.
4-26 SECTION 9. Subsection (b), Section 8, The Property Taxation
5-1 Professional Certification Act (Article 8885, Revised Statutes), is
5-2 amended to read as follows:
5-3 (b) The board shall keep an accurate record of all
5-4 proceedings, which shall be available to the public at all times.
5-5 The board shall also maintain a roster of all persons registered
5-6 with the board, showing their names, places of employment, and
5-7 classification. [The roster shall be placed on file with the
5-8 Secretary of State.] Copies of the roster shall be made available
5-9 to persons registered under this Act and to the public on request.
5-10 SECTION 10. Subsection (b), Section 11, Orthotics and
5-11 Prosthetics Act (Article 8920, Revised Statutes), is amended to
5-12 read as follows:
5-13 (b) The executive director shall keep a record of each
5-14 meeting of the board and maintain a register containing the names
5-15 of all persons holding a license under this Act. The record and
5-16 register shall be open at all times to public inspection. [On
5-17 March 1 of each year, the executive director shall send an official
5-18 copy of the register of license holders to the secretary of state
5-19 for permanent record.] A certified copy of the register is
5-20 admissible as evidence in any court of this state.
5-21 SECTION 11. This Act takes effect September 1, 1999.
5-22 SECTION 12. The importance of this legislation and the
5-23 crowded condition of the calendars in both houses create an
5-24 emergency and an imperative public necessity that the
5-25 constitutional rule requiring bills to be read on three several
5-26 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 234 passed the Senate on
March 11, 1999, by the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 234 passed the House on
April 16, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor