By Ellis S.B. No. 234
76R3573 MXM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the filing of reports with the secretary of state
1-3 regarding persons licensed by the state.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 50.008(a), Human Resources Code, is
1-6 amended to read as follows:
1-7 (a) A roster showing the names and addresses, as reflected
1-8 by the board's records, of all licensed master social workers,
1-9 licensed social workers, and social work associates licensed by the
1-10 board shall be prepared and published by the board at its
1-11 discretion. Copies of the roster shall be mailed to each person
1-12 licensed by the board [and placed on file with the secretary of
1-13 state].
1-14 SECTION 2. Section 11, The Texas Engineering Practice Act
1-15 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
1-16 as follows:
1-17 Sec. 11. ROSTER OF LICENSED ENGINEERS. A roster showing the
1-18 names and places of business of all licensed professional engineers
1-19 shall be prepared and published by the Board each biennium at a
1-20 time determined by the Board. Copies of this roster shall be
1-21 furnished without charge to any engineer licensed by the Board on
1-22 the written request of the engineer[, placed on file with the
1-23 Secretary of State,] and furnished to any person upon written
1-24 request who tenders a reproduction fee set by the Board.
2-1 SECTION 3. Section 5, Chapter 94, Acts of the 51st
2-2 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
2-3 Civil Statutes), is amended to read as follows:
2-4 Sec. 5. RECORDS. The Board shall preserve a record of its
2-5 proceedings in a book kept for that purpose, showing name, age,
2-6 place, and duration of residence of each applicant, the time spent
2-7 in the study of chiropractic in respective chiropractic schools,
2-8 together with such other information as the Board may desire to
2-9 record. Said register shall also show whether applicants were
2-10 rejected or licensed and shall be prima-facie evidence of all
2-11 matters contained therein. A [The secretary of the Board shall on
2-12 May 1st of each year transmit an official copy of said register to
2-13 the Secretary of State for permanent record, a] certified copy of
2-14 the register [which], with hand and seal of the secretary of said
2-15 Board [or the hand of the Secretary of State under the state seal],
2-16 shall be admitted in evidence in all courts.
2-17 SECTION 4. Section 18, Psychologists' Licensing Act (Article
2-18 4512c, Vernon's Texas Civil Statutes), is amended to read as
2-19 follows:
2-20 Sec. 18. ROSTER OF CERTIFIED AND LICENSED PSYCHOLOGISTS.
2-21 The Board shall, on an annual basis, publish a list of all
2-22 psychologists certified or licensed under this Act. The list shall
2-23 contain the name and address of the psychologist and such other
2-24 information that the Board deems desirable. The list shall be
2-25 arranged both alphabetically and geographically. The Board shall
2-26 mail a copy of this list to each person licensed under this Act[,
2-27 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. Section 4(b), Chapter 836, Acts of the 62nd
3-3 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
3-4 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. Section 2.06(b), Texas Optometry Act (Article
3-14 4552-2.06, Vernon's Texas Civil Statutes), is amended to read as
3-15 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
3-27 and seal of the executive director [to the secretary of state,]
4-1 shall be admitted as evidence in all courts.
4-2 SECTION 7. Section 2E(2), Chapter 251, Acts of the 53rd
4-3 Legislature, Regular Session, 1953 (Article 4582b, Vernon's Texas
4-4 Civil Statutes), is amended to read as follows:
4-5 (2) The commission shall file annually with the
4-6 Governor a list of the names of all duly licensed funeral
4-7 directors, embalmers, and funeral establishments. A [copy shall be
4-8 filed with the Secretary of State for permanent record, a]
4-9 certified copy of the list [which, under the hand of the Secretary
4-10 of State and the state seal,] shall be admissible as evidence in
4-11 all courts.
4-12 SECTION 8. Section 3(f), Occupational Therapy Practice Act
4-13 (Article 8851, Vernon's Texas Civil Statutes), is amended to read
4-14 as follows:
4-15 (f) The coordinator of occupational therapy programs shall
4-16 keep a record of each meeting of the board and maintain a register
4-17 containing the names of all persons licensed under this Act, which
4-18 shall be at all times open to public inspection. On March 1 of
4-19 each year, the coordinator of occupational therapy programs shall
4-20 transmit an official copy of the list of the licensees to the
4-21 executive council [and the secretary of state for permanent
4-22 record], a certified copy of which shall be admissible as evidence
4-23 in any court of this state.
4-24 SECTION 9. Section 8(b), The Property Taxation Professional
4-25 Certification Act (Article 8885, Revised Statutes), is amended to
4-26 read as follows:
4-27 (b) The board shall keep an accurate record of all
5-1 proceedings, which shall be available to the public at all times.
5-2 The board shall also maintain a roster of all persons registered
5-3 with the board, showing their names, places of employment, and
5-4 classification. [The roster shall be placed on file with the
5-5 Secretary of State.] Copies of the roster shall be made available
5-6 to persons registered under this Act and to the public on request.
5-7 SECTION 10. Section 11(b), Orthotics and Prosthetics Act
5-8 (Article 8920, Revised Statutes), is amended to read as follows:
5-9 (b) The executive director shall keep a record of each
5-10 meeting of the board and maintain a register containing the names
5-11 of all persons holding a license under this Act. The record and
5-12 register shall be open at all times to public inspection. [On
5-13 March 1 of each year, the executive director shall send an official
5-14 copy of the register of license holders to the secretary of state
5-15 for permanent record.] A certified copy of the register is
5-16 admissible as evidence in any court of this state.
5-17 SECTION 11. This Act takes effect September 1, 1999.
5-18 SECTION 12. The importance of this legislation and the
5-19 crowded condition of the calendars in both houses create an
5-20 emergency and an imperative public necessity that the
5-21 constitutional rule requiring bills to be read on three several
5-22 days in each house be suspended, and this rule is hereby suspended.