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.