1-1 By: Ellis S.B. No. 234
1-2 (In the Senate - Filed January 22, 1999; January 28, 1999,
1-3 read first time and referred to Committee on State Affairs;
1-4 March 1, 1999, reported favorably by the following vote: Yeas 5,
1-5 Nays 0; March 1, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the filing of reports with the secretary of state
1-9 regarding persons licensed by the state.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subsection (a), Section 50.008, Human Resources
1-12 Code, is amended to read as follows:
1-13 (a) A roster showing the names and addresses, as reflected
1-14 by the board's records, of all licensed master social workers,
1-15 licensed social workers, and social work associates licensed by the
1-16 board shall be prepared and published by the board at its
1-17 discretion. Copies of the roster shall be mailed to each person
1-18 licensed by the board [and placed on file with the secretary of
1-19 state].
1-20 SECTION 2. Section 11, The Texas Engineering Practice Act
1-21 (Article 3271a, Vernon's Texas Civil Statutes), is amended to read
1-22 as follows:
1-23 Sec. 11. ROSTER OF LICENSED ENGINEERS. A roster showing the
1-24 names and places of business of all licensed professional engineers
1-25 shall be prepared and published by the Board each biennium at a
1-26 time determined by the Board. Copies of this roster shall be
1-27 furnished without charge to any engineer licensed by the Board on
1-28 the written request of the engineer[, placed on file with the
1-29 Secretary of State,] and furnished to any person upon written
1-30 request who tenders a reproduction fee set by the Board.
1-31 SECTION 3. Section 5, Chapter 94, Acts of the 51st
1-32 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
1-33 Civil Statutes), is amended to read as follows:
1-34 Sec. 5. The Board shall preserve a record of its proceedings
1-35 in a book kept for that purpose, showing name, age, place, and
1-36 duration of residence of each applicant, the time spent in the
1-37 study of chiropractic in respective chiropractic schools, together
1-38 with such other information as the Board may desire to record.
1-39 Said register shall also show whether applicants were rejected or
1-40 licensed and shall be prima-facie evidence of all matters contained
1-41 therein. A [The secretary of the Board shall on May 1st of each
1-42 year transmit an official copy of said register to the Secretary of
1-43 State for permanent record, a] certified copy of the register
1-44 [which], with hand and seal of the secretary of said Board [or the
1-45 hand of the Secretary of State under the state seal], shall be
1-46 admitted in evidence in all courts.
1-47 SECTION 4. Section 18, Psychologists' Licensing Act (Article
1-48 4512c, Vernon's Texas Civil Statutes), is amended to read as
1-49 follows:
1-50 Sec. 18. ROSTER OF CERTIFIED AND LICENSED PSYCHOLOGISTS.
1-51 The Board shall, on an annual basis, publish a list of all
1-52 psychologists certified or licensed under this Act. The list shall
1-53 contain the name and address of the psychologist and such other
1-54 information that the Board deems desirable. The list shall be
1-55 arranged both alphabetically and geographically. The Board shall
1-56 mail a copy of this list to each person licensed under this Act[,
1-57 shall place a copy on file with the Secretary of State] and shall
1-58 furnish copies to the public upon request.
1-59 SECTION 5. Subsection (b), Section 4, Chapter 836, Acts of
1-60 the 62nd Legislature, Regular Session, 1971 (Article 4512e,
1-61 Vernon's Texas Civil Statutes), is amended to read as follows:
1-62 (b) The secretary shall keep a record of each meeting of the
1-63 board and maintain a register containing the names of all physical
1-64 therapists licensed under this Act, which shall be at all times
2-1 open to public inspection. On March 1 of each year, the
2-2 coordinator of physical therapy programs shall transmit an official
2-3 copy of the list of the licensees to the executive council [and the
2-4 secretary of state for permanent record], a certified copy of which
2-5 shall be admissible as evidence in any court of this state.
2-6 SECTION 6. Subsection (b), Section 2.06, Texas Optometry Act
2-7 (Article 4552-2.06, Vernon's Texas Civil Statutes), is amended to
2-8 read as follows:
2-9 (b) A record shall be kept showing the name, age, and
2-10 present legal and mailing address of each applicant for
2-11 examination, the name and location of the school of optometry from
2-12 which the applicant holds credentials, and the time devoted to the
2-13 study and practice of optometry, together with such information as
2-14 the board may desire to record. Said record shall also show
2-15 whether applicants were rejected or licensed and shall be prima
2-16 facie evidence of all matters therein contained. [The executive
2-17 director shall on or before September 1 of each year send a
2-18 certified copy of said record to the secretary of state for
2-19 permanent record.] A certified copy of said record with the hand
2-20 and seal of the executive director [to the secretary of state,]
2-21 shall be admitted as evidence in all courts.
2-22 SECTION 7. Subdivision (2), Subsection E, Section 2, Chapter
2-23 251, Acts of the 53rd Legislature, Regular Session, 1953 (Article
2-24 4582b, Vernon's Texas Civil Statutes), is amended to read as
2-25 follows:
2-26 (2) The commission shall file annually with the
2-27 Governor a list of the names of all duly licensed funeral
2-28 directors, embalmers, and funeral establishments. A [copy shall be
2-29 filed with the Secretary of State for permanent record, a]
2-30 certified copy of the list [which, under the hand of the Secretary
2-31 of State and the state seal,] shall be admissible as evidence in
2-32 all courts.
2-33 SECTION 8. Subsection (f), Section 3, Occupational Therapy
2-34 Practice Act (Article 8851, Vernon's Texas Civil Statutes), is
2-35 amended to read as follows:
2-36 (f) The coordinator of occupational therapy programs shall
2-37 keep a record of each meeting of the board and maintain a register
2-38 containing the names of all persons licensed under this Act, which
2-39 shall be at all times open to public inspection. On March 1 of
2-40 each year, the coordinator of occupational therapy programs shall
2-41 transmit an official copy of the list of the licensees to the
2-42 executive council [and the secretary of state for permanent
2-43 record], a certified copy of which shall be admissible as evidence
2-44 in any court of this state.
2-45 SECTION 9. Subsection (b), Section 8, The Property Taxation
2-46 Professional Certification Act (Article 8885, Revised Statutes), is
2-47 amended to read as follows:
2-48 (b) The board shall keep an accurate record of all
2-49 proceedings, which shall be available to the public at all times.
2-50 The board shall also maintain a roster of all persons registered
2-51 with the board, showing their names, places of employment, and
2-52 classification. [The roster shall be placed on file with the
2-53 Secretary of State.] Copies of the roster shall be made available
2-54 to persons registered under this Act and to the public on request.
2-55 SECTION 10. Subsection (b), Section 11, Orthotics and
2-56 Prosthetics Act (Article 8920, Revised Statutes), is amended to
2-57 read as follows:
2-58 (b) The executive director shall keep a record of each
2-59 meeting of the board and maintain a register containing the names
2-60 of all persons holding a license under this Act. The record and
2-61 register shall be open at all times to public inspection. [On
2-62 March 1 of each year, the executive director shall send an official
2-63 copy of the register of license holders to the secretary of state
2-64 for permanent record.] A certified copy of the register is
2-65 admissible as evidence in any court of this state.
2-66 SECTION 11. This Act takes effect September 1, 1999.
2-67 SECTION 12. The importance of this legislation and the
2-68 crowded condition of the calendars in both houses create an
2-69 emergency and an imperative public necessity that the
3-1 constitutional rule requiring bills to be read on three several
3-2 days in each house be suspended, and this rule is hereby suspended.
3-3 * * * * *