By:  Duncan, Ratliff                                  S.B. No. 1438
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to a pilot project transferring certain professional and
 1-2     occupational licensing boards to self-directed semi-independent
 1-3     status; making an appropriation.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  LEGISLATIVE INTENT.  (a)  Several agencies of the
 1-6     State of Texas regulate specific professions in the public
 1-7     interest.  While these licensing agencies perform important public
 1-8     functions, the populations most directly affected by their
 1-9     activities, the members of the professions, are small in comparison
1-10     to the population of the state.  While the agencies may collect and
1-11     remit the $200 professional fee to the state, their operations are
1-12     supported by examination, licensing, and other fees paid by the
1-13     professionals they regulate.
1-14           (b)  The state controls the activities of the licensing
1-15     agencies in many ways.  The governor appoints the board members who
1-16     run the agencies.  The agencies are subject to the open meetings
1-17     law, Chapter 551, Government Code, and the public information law,
1-18     Chapter 552, Government Code.  The decisions of the agencies are
1-19     procedurally and substantively guided by the Administrative
1-20     Procedure Act, Chapter 2001, Government Code, and ultimately the
1-21     courts of the State of Texas can review and reverse their
1-22     decisions.  All contested cases brought by the agencies are tried
1-23     before administrative law judges of the State Office of
1-24     Administrative Hearings.  The agencies are represented in the
 2-1     courts of the State of Texas by the attorney general.  They are
 2-2     subject to sunset review and file annual reports with the governor.
 2-3     They are audited by the state auditor and several are subject to
 2-4     the Texas Internal Auditing Act, Chapter 2102, Government Code.
 2-5           (c)  In addition, the agencies do not have unfettered
 2-6     discretion to raise funds from the public.  The legislature has set
 2-7     specific limits on the amounts that may be charged the regulated
 2-8     profession for the services provided by the agencies.
 2-9           (d)  The agencies perform functions vital to the interest of
2-10     the state and of its people.  They regulate their respective
2-11     professions to ensure that persons holding professional licenses
2-12     meet the highest standards of competence and professionalism.  The
2-13     public relies on these professionals for their expert judgment on
2-14     matters ranging from the soundness of public structures to the
2-15     financial solvency of a potential investment.  The public has a
2-16     vital interest in maintaining competence and improving the quality
2-17     of the licensees of the agencies.
2-18           (e)  At the same time, the controls on the licensing agencies
2-19     ensure that the functions of the agencies are carried out
2-20     efficiently and effectively.  Texas has a number of
2-21     semi-independent agencies that carry out the functions of the state
2-22     in other areas well and in the public interest with far fewer
2-23     controls than those enumerated in this section.
2-24           (f)  Therefore, the legislature intends through this Act to
2-25     establish a pilot project to assess the practicality and efficiency
2-26     of changing certain professional and occupational licensing boards
 3-1     to semi-independent self-directed status.  The state agencies
 3-2     involved in this pilot project have well-defined missions and
 3-3     well-run boards and administrations.  The pilot project will run
 3-4     for a specified time and will expire if not renewed.  If
 3-5     successful, approximately 100 employees will be removed from the
 3-6     state payroll and the administrative burden of state government
 3-7     will be reduced.
 3-8           SECTION 2.  AMENDMENT.  Title 132, Revised Statutes, is
 3-9     amended by adding Article 8930 to read as follows:
3-10           Art. 8930.  SELF-DIRECTED SEMI-INDEPENDENT AGENCY PROJECT ACT
3-11           Sec. 1.  SHORT TITLE.  This Act shall be known as the
3-12     Self-Directed Semi-Independent Agency Project Act.
3-13           Sec. 2.  AGENCY PARTICIPATION.  The following agencies shall
3-14     be part of the pilot project created by this Act:
3-15                 (1)  the Texas State Board of Public Accountancy;
3-16                 (2)  the Texas Board of Professional Engineers;
3-17                 (3)  the Texas Board of Architectural Examiners;
3-18                 (4)  the Board of Tax Professional Examiners; and
3-19                 (5)  the Texas Board of Professional Land Surveying.
3-20           Sec. 3.  DEFINITION.  In this Act, "project agency" means an
3-21     agency listed in Section 2 of this Act.
3-22           Sec. 4.  PILOT PROJECT.  (a)  Notwithstanding any other
3-23     provision of law, each project agency shall become self-directed
3-24     and semi-independent as specified in this Act.
3-25           (b)  Each project agency shall continue to be a state agency,
3-26     as that term is defined in Section 2001.003(7), Government Code.
 4-1           (c)  This Act is subject to Chapter 325, Government Code
 4-2     (Texas Sunset Act).  Unless continued in existence as provided by
 4-3     that chapter, this Act expires September 1, 2005.
 4-4           Sec. 5.  GENERAL DUTIES OF ALL PROJECT AGENCIES.  In addition
 4-5     to the duties enumerated in the enabling legislation specifically
 4-6     applicable to each project agency, each project agency shall have
 4-7     the duties prescribed by Sections 6 through 9 of this Act.
 4-8           Sec. 6.  BUDGET.  (a)  A project agency shall adopt a budget
 4-9     annually using generally accepted accounting principles.  The
4-10     budget shall be reviewed and approved only by the project agency's
4-11     governing board notwithstanding any other provision of law,
4-12     including the General Appropriations Act.  No costs shall be
4-13     incurred by the general revenue fund.  A project agency shall be
4-14     responsible for all costs, both direct and indirect.
4-15           (b)  A project agency shall keep financial and statistical
4-16     information as necessary to disclose completely and accurately the
4-17     financial condition and operation of the project agency.
4-18           (c)  Any surplus generated by a project agency shall be
4-19     remitted annually to the general revenue fund.
4-20           Sec. 7.  AUDITS.  Nothing in this Act shall affect the duty
4-21     of the State Auditor to audit a project agency.  The State Auditor
4-22     shall enter into a contract and schedule with each project agency
4-23     to conduct audits, including financial reports and performance
4-24     audits.  Costs incurred in performing such audits shall be
4-25     reimbursed by the project agency.
4-26           Sec. 8.  REPORTING REQUIREMENTS.  A project agency shall
 5-1     submit to the legislature and the governor by the first day of the
 5-2     regular session of the legislature a report describing all of the
 5-3     agency's activities in the previous biennium.  The report shall
 5-4     include:
 5-5                 (1)  an audit required by Section 7 of this Act;
 5-6                 (2)  a financial report of the previous fiscal year;
 5-7                 (3)  a description of any changes in licensing fees;
 5-8                 (4)  a report on the number of examination candidates,
 5-9     licensees, certificate holders, and enforcement activities and any
5-10     changes in those figures; and
5-11                 (5)  a description of all new rules adopted or
5-12     repealed.
5-13           Sec. 9.  DISPOSITION OF FUNDS.  (a)  If provided in a project
5-14     agency's enabling legislation, the project agency shall collect a
5-15     professional fee of $200 from its licensees annually which shall be
5-16     remitted to the state.  If provided in a project agency's enabling
5-17     legislation, the project agency shall collect a scholarship fee of
5-18     $10 annually from its licensees and shall remit it to the state.
5-19           (b)  All funds other than the $200 professional fee collected
5-20     or received by a project agency shall be deposited into an account
5-21     in a depository institution insured by the Federal Deposit
5-22     Insurance Corporation selected by the project agency.
5-23           Sec. 10.  GENERAL POWERS OF ALL PROJECT AGENCIES.  In
5-24     addition to the powers enumerated in each project agency's enabling
5-25     legislation, each project agency shall have the powers described in
5-26     Sections 11 through 14 of this Act.
 6-1           Sec. 11.  ABILITY TO CONTRACT.  To carry out and promote the
 6-2     objectives of this Act, a project agency may enter into contracts
 6-3     and do all other acts incidental to those contracts that are
 6-4     necessary for the administration of its affairs and for the
 6-5     attainment of its purposes; provided, however, that any
 6-6     indebtedness, liability, or obligation of the project agency shall
 6-7     not:
 6-8                 (1)  create a debt or other liability of the state or
 6-9     any other entity other than the project agency; or
6-10                 (2)  create any personal liability on the part of the
6-11     members of the board of the project agency or its employees.
6-12           Sec. 12.  PROPERTY.  A project agency may:
6-13                 (1)  acquire by purchase, lease, gift, or in any other
6-14     manner provided by law and maintain, use, and operate any and all
6-15     property of any kind, real, personal, or mixed, or any interest in
6-16     such property, necessary or convenient to the exercise of the
6-17     powers, rights, privileges, and functions of the project agency;
6-18                 (2)  sell or otherwise dispose of any property of any
6-19     kind, real, personal, or mixed, or any interest in such property,
6-20     which the project agency determines is not necessary or convenient
6-21     to the exercise of its powers, rights, privileges, and functions;
6-22                 (3)  construct, extend, improve, maintain, and
6-23     reconstruct, cause to be constructed, extended, improved,
6-24     maintained, and reconstructed, and use and operate, any and all
6-25     facilities of any kind necessary or convenient to the exercise of
6-26     the powers, rights, privileges, and functions of the project
 7-1     agency; and
 7-2                 (4)  borrow money, if necessary or convenient to the
 7-3     exercise of the project agency's powers, rights, privileges, and
 7-4     functions, for a period not to exceed five years as may be
 7-5     authorized from time to time by an affirmative vote of a two-thirds
 7-6     majority of the project agency's board.
 7-7           Sec. 13.  SUITS.  The office of the attorney general shall
 7-8     represent a project agency in any litigation.
 7-9           Sec. 14.  FEES.  Subject to the limitations, if any, in the
7-10     applicable enabling legislation, each project agency may set the
7-11     amount of fees by statute or rule as necessary for the purpose of
7-12     carrying out the functions of the project agency.
7-13           Sec. 15.  LIABILITY.  A project agency and its board members,
7-14     employees, agents, and volunteers have the protection from
7-15     liability provided by the agency enabling legislation, common law,
7-16     and any other statute, including but not limited to Chapter 104,
7-17     Civil Practice and Remedies Code.
7-18           Sec. 16.  OPEN GOVERNMENT.  Subject to the confidentiality
7-19     provisions of a project agency's enabling legislation:
7-20                 (1)  meetings of the project agency are subject to
7-21     Chapter 551, Government Code; and
7-22                 (2)  records maintained by the project agency are
7-23     subject to Chapter 552, Government Code.
7-24           Sec. 17.  MEMBERSHIP IN EMPLOYEE RETIREMENT SYSTEM.
7-25     Employees of the project agencies are members of the Employees
7-26     Retirement System of Texas under Chapter 812, Government Code, and
 8-1     transition to independent status shall have no effect on their
 8-2     membership.
 8-3           SECTION 3.  AMENDMENT.  Section 7, Public Accountancy Act of
 8-4     1991 (Article 41a-1, Vernon's Texas Civil Statutes), is amended to
 8-5     read as follows:
 8-6           Sec. 7.  EXPENSES OF BOARD.  (a)  The fees [and other money]
 8-7     received by the board under this Act shall be deposited in a
 8-8     depository institution at the direction of [state treasury to] the
 8-9     board [credit of a special fund to be known as the public
8-10     accountancy fund] and may be used only for the administration of
8-11     this Act.  [This subsection does not apply to money subject to
8-12     deposit under Section 22A of this Act.]
8-13           (b)  [The board shall file annually with the governor and the
8-14     presiding officer of each house of the legislature a complete and
8-15     detailed report accounting for all funds received and disbursed by
8-16     the board during the preceding fiscal year.  The annual report must
8-17     be in the form and reported in the time provided by the General
8-18     Appropriations Act.]
8-19           [(b)  The board shall file an annual report of its activities
8-20     with the governor and the Legislative Budget Board.  The report
8-21     shall include a summary statement of all receipts and disbursements
8-22     of the board for each calendar year.  The board's funds are subject
8-23     to audit by the state auditor in accordance with Chapter 321,
8-24     Government Code.]
8-25           [(c)]  The board may solicit, contract for, and accept money
8-26     and other assistance from any source to carry out the powers and
 9-1     duties under this Act.
 9-2           SECTION 4.  AMENDMENT.  Subsection (g), Section 9, Public
 9-3     Accountancy Act of 1991 (Article 41a-1, Vernon's Texas Civil
 9-4     Statutes), is amended to read as follows:
 9-5           (g)  The board may increase each license fee collected under
 9-6     this section in an amount necessary to produce funds adequate for
 9-7     the enforcement of this Act.  The fee increase shall be deposited
 9-8     as provided by Section 7 [22A] of this Act.
 9-9           SECTION 5.  AMENDMENT.  Subsection (j), Section 21D, Public
9-10     Accountancy Act of 1991 (Article 41a-1, Vernon's Texas Civil
9-11     Statutes), is amended to read as follows:
9-12           (j)  The board shall deposit, as provided by Section 7 [22A]
9-13     of this Act, the amounts received by the board under this section.
9-14           SECTION 6.  AMENDMENT.  Section 22A, Public Accountancy Act
9-15     of 1991 (Article 41a-1, Vernon's Texas Civil Statutes), is amended
9-16     to read as follows:
9-17           Sec. 22A.  ENFORCEMENT COMMITTEES[; ENFORCEMENT FUND].
9-18     [(a)]  The board may appoint enforcement committees from its
9-19     membership and may adopt rules consistent with this Act as
9-20     necessary for the performance of each committee's duties.  An
9-21     enforcement committee shall consider and make recommendations to
9-22     the full board on matters relating to the enforcement of this Act
9-23     and the rules adopted in accordance with this Act.  At least one
9-24     member of the board who is a public representative member must
9-25     serve on each enforcement committee.
9-26           [(b)  A special fund is established for the exclusive use of
 10-1    the board to be known as the public accountancy enforcement fund.
 10-2    The fund may be used only to finance the enforcement functions
 10-3    performed under this Act.  Money received by the board from a fee
 10-4    increase adopted under Section 9(g) of this Act and money related
 10-5    to an administrative penalty and received by the board under
 10-6    Section 21D of this Act shall be deposited in the fund.  The
 10-7    comptroller is the custodian of the fund.  The comptroller shall
 10-8    issue warrants from the fund supported only by vouchers signed by
 10-9    the chairman and the executive director.  The fund shall be
10-10    appropriated to the board by the legislature.]
10-11          SECTION 7.  AMENDMENT.  Section 28, Public Accountancy Act of
10-12    1991 (Article 41a-1, Vernon's Texas Civil Statutes), is amended to
10-13    read as follows:
10-14          Sec. 28.  SUNSET PROVISION.  The Texas State Board of Public
10-15    Accountancy is subject to Chapter 325, Government Code (Texas
10-16    Sunset Act).  Unless continued in existence as provided by that
10-17    chapter, the board is abolished and this Act expires September 1,
10-18    2005 [2003].
10-19          SECTION 8.  AMENDMENT.  Section 2a, Chapter 478, Acts of the
10-20    45th Legislature, Regular Session, 1937 (Article 249a, Vernon's
10-21    Texas Civil Statutes), is amended to read as follows:
10-22          Sec. 2a.  SUNSET PROVISION.  The Texas Board of Architectural
10-23    Examiners is subject to Chapter 325, Government Code (Texas Sunset
10-24    Act).  Unless continued in existence as provided by that chapter,
10-25    the board is abolished and this Act expires September 1, 2005
10-26    [2003].
 11-1          SECTION 9.  AMENDMENT.  Subsection (a), Section 4, Chapter
 11-2    478, Acts of the 45th Legislature, Regular Session, 1937 (Article
 11-3    249a, Vernon's Texas Civil Statutes), is amended to read as
 11-4    follows:
 11-5          (a)  The [All] fees received by the Board [collected or money
 11-6    derived] under [the provisions of] this Act shall be deposited in a
 11-7    depository institution at the direction of the Board and [received
 11-8    and accounted for by the secretary-treasurer.  All of these funds
 11-9    which are  received shall be paid weekly to the State Comptroller,
11-10    who shall keep this money in a separate fund to be known as the
11-11    Architectural Examiners Fund.  This fund] may be used only for the
11-12    administration of this Act [the powers and duties of the  Board and
11-13    shall be paid out only by warrants of the State Comptroller, upon
11-14    itemized vouchers, approved by the chairman or acting chairman and
11-15    attested by the secretary-treasurer of the Board.  Disbursements
11-16    shall not in any way be a charge upon the General Revenue Fund of
11-17    this State].
11-18          SECTION 10.  AMENDMENT.  Section 4A, Chapter 478, Acts of the
11-19    45th Legislature, Regular Session, 1937 (Article 249a, Vernon's
11-20    Texas Civil Statutes), is amended to read as follows:
11-21          Sec. 4A.  [(a)]  Each member of the Board is entitled to a
11-22    [the] per diem [set by legislative appropriation] for each day that
11-23    the member engages in the business of the Board.  A member is
11-24    entitled to compensation for travel expenses, including food,
11-25    lodging, and transportation expenses[, as provided by the General
11-26    Appropriations Act].
 12-1          [(b)  The per diem and expenses of the members of the Board
 12-2    shall be paid from the Architectural Examiners Fund.]
 12-3          [(c)  General revenue funds may not be used for the
 12-4    administration of this Act except as provided by the General
 12-5    Appropriations Act.]
 12-6          SECTION 11.  AMENDMENT.  Subsection (b), Section 10, Chapter
 12-7    457, Acts of the 61st Legislature, Regular Session, 1969 (Article
 12-8    249c, Vernon's Texas Civil Statutes), is amended to read as
 12-9    follows:
12-10          (b)  The fees received by [All sums of money paid to] the
12-11    board under [the provisions of] this Act[,] shall be deposited in a
12-12    depository institution at the direction of the board and may be
12-13    used only for the administration of this Act [Architectural
12-14    Examiners Fund].
12-15          SECTION 12.  AMENDMENT.  Section 6, Article 249e, Revised
12-16    Statutes, is amended to read as follows:
12-17          Sec. 6.  FUND; FEES.  (a)  The [All] fees received by the
12-18    board under this article shall be deposited in a depository
12-19    institution at the direction of [to the credit of the architectural
12-20    examiners fund and may be spent by] the board and may be used only
12-21    for [in] the administration of this article [its statutory powers
12-22    and duties].
12-23          (b)  The board shall set the following fees[, unless
12-24    otherwise set in the General Appropriations Act,] in amounts that
12-25    are reasonable and necessary to cover the costs of the
12-26    administration of this article:
 13-1                (1)  a registration application fee in an amount not to
 13-2    exceed $100;
 13-3                (2)  an annual registration renewal fee in an amount
 13-4    not to exceed $100;
 13-5                (3)  a reciprocal registration fee in an amount not to
 13-6    exceed $100; and
 13-7                (4)  an examination fee.
 13-8          (c)  The board may set fees[, unless otherwise set in the
 13-9    General Appropriations Act,] for the following in amounts that are
13-10    reasonable and necessary to cover the costs of the administration
13-11    of this article:
13-12                (1)  a duplicate registration certificate;
13-13                (2)  a roster of registered interior designers;
13-14                (3)  the restoration of a revoked or suspended
13-15    registration certificate; and
13-16                (4)  any other action of the board involving an
13-17    administrative expense.
13-18          SECTION 13.  AMENDMENT.  Section 3a, The Texas Engineering
13-19    Practice Act (Article 3271a, Vernon's Texas Civil Statutes), is
13-20    amended to read as follows:
13-21          Sec. 3a.  SUNSET PROVISION.  The Texas Board of Professional
13-22    Engineers is subject to Chapter 325, Government Code (Texas Sunset
13-23    Act).  Unless continued in existence as provided by that chapter,
13-24    the board is abolished and this Act expires September 1, 2005
13-25    [2003].
13-26          SECTION 14.  AMENDMENT.  Section 9, The Texas Engineering
 14-1    Practice Act (Article 3271a, Vernon's Texas Civil Statutes), is
 14-2    amended to read as follows:
 14-3          Sec. 9.  RECEIPTS AND DISBURSEMENTS.  The executive director
 14-4    [Secretary] of the Board shall receive and account for all moneys
 14-5    derived under the provisions of this Act.  The fees received by[,
 14-6    and shall pay the same weekly to the Comptroller who shall keep
 14-7    such moneys in a separate fund to be known as the "Professional
 14-8    Engineers' Fund".  Such fund shall be paid out only by warrant of
 14-9    the State Comptroller upon itemized vouchers, approved by the
14-10    Chairman and attested by the Secretary of] the Board under this Act
14-11    shall be deposited in a depository institution at the direction[.
14-12    All moneys in the "Professional Engineers' Fund" are hereby
14-13    specifically appropriated for the use] of the Board and may be used
14-14    only for [in] the administration of this Act and other duties
14-15    authorized by law.  The [Secretary of the] Board shall employ an
14-16    executive director, who shall receive such compensation as annually
14-17    established by the Board [give a surety  bond to the Governor of
14-18    the State of Texas in the sum of Two Thousand Five Hundred
14-19    ($2,500.00) Dollars.  The premium on said bond shall be paid out of
14-20    the "Professional Engineers' Fund".  The Secretary of the Board
14-21    shall receive such salary as the Board shall determine in addition
14-22    to the compensation and expenses provided for in this Act].  The
14-23    executive director [Board] shall employ such engineering,
14-24    administrative, and clerical staff or other assistants as are
14-25    necessary for the proper implementation [performance] of this Act
14-26    and other duties authorized by law [its work,] and may make
 15-1    expenditures from the depository institution consistent with [of]
 15-2    this [fund for any] purpose [which in the opinion of the Board is
 15-3    reasonably necessary for the proper performance of its duties under
 15-4    this Act.  Under no circumstances shall the total amount of
 15-5    warrants issued by the State Comptroller in payment of the expenses
 15-6    and compensation provided for in this Act exceed the amount of the
 15-7    "Professional Engineers' Fund".  Provided further, that the
 15-8    salaries paid herein shall not be in excess of salaries paid for
 15-9    similar work in other departments].
15-10          SECTION 15.  AMENDMENT.  Section 5, Professional Land
15-11    Surveying Practices Act (Article 5282c, Vernon's Texas Civil
15-12    Statutes), is amended to read as follows:
15-13          Sec. 5.  SUNSET PROVISION.  The Texas Board of Professional
15-14    Land Surveying is subject to Chapter 325, Government Code (Texas
15-15    Sunset Act).  Unless continued in existence as provided by that
15-16    chapter, the board is abolished and this Act expires September 1,
15-17    2005 [2003].
15-18          SECTION 16.  AMENDMENT.  Sections 13 and 23B, Professional
15-19    Land Surveying Practices Act (Article 5282c, Vernon's Texas Civil
15-20    Statutes), are amended to read as follows:
15-21          Sec. 13.  RECEIPTS AND DISBURSEMENTS.  The director of the
15-22    board shall receive and account for all fees received under the
15-23    provisions of this Act and shall deposit these funds in a
15-24    depository institution at the direction [the State Treasury to the
15-25    credit of a special fund to be known as the "Land Surveying Fund."
15-26    This fund shall be paid out only by warrants of the comptroller of
 16-1    public accounts upon itemized vouchers approved by the director] of
 16-2    the board to be used only for the administration of this Act.
 16-3    [Under no circumstances shall the total amount of warrants issued
 16-4    by the comptroller of public accounts in payment of the expenses
 16-5    and compensation provided for in this Act exceed the amount in the
 16-6    Land Surveying Fund.  All payments to persons retained or employed
 16-7    by the board or to members of the board and all per diem and
 16-8    expenses incurred under this Act shall be paid out of the Land
 16-9    Surveying Fund provided herein, and no part of the expense of
16-10    administering this Act shall ever be a charge against the general
16-11    funds of the State of Texas.  The board shall as of August 31 of
16-12    each year after the passage of this Act make a report to the
16-13    governor, lieutenant governor, and speaker of the house of
16-14    representatives for all receipts and disbursements under this Act.
16-15    The financial transactions of the board are subject to audit by the
16-16    state auditor in accordance with Chapter 321, Government Code.]
16-17          Sec. 23B.  CIVIL PENALTY.  (a)  A person who violates this
16-18    Act or a rule adopted under this Act is liable for a civil penalty
16-19    of not more than $1,000 for each violation.
16-20          (b)  The attorney general, on request of the board, shall
16-21    institute and conduct in the name of the state a suit to collect
16-22    the penalty.
16-23          [(c)  A civil penalty collected under this section shall be
16-24    deposited in the state treasury to the credit of the General
16-25    Revenue Fund.]
16-26          SECTION 17.  AMENDMENT.  Subsection (e), Section 4, The
 17-1    Property Taxation Professional Certification Act (Article 8885,
 17-2    Revised Statutes), is amended to read as follows:
 17-3          (e)  The Board of Tax Professional Examiners is subject to
 17-4    Chapter 325, Government Code (Texas Sunset Act).  Unless continued
 17-5    in existence as provided by that chapter, the board is abolished
 17-6    and this Act expires September 1, 2005 [2003].
 17-7          SECTION 18.  AMENDMENT.  Section 8, The Property Taxation
 17-8    Professional Certification Act (Article 8885, Revised Statutes), is
 17-9    amended to read as follows:
17-10          Sec. 8.  (a)  The executive director of the board shall
17-11    receive and account for all money derived under the provisions of
17-12    this Act [and shall pay it to the Comptroller].  The fees received
17-13    by the board under this Act shall be deposited in a depository
17-14    institution at the direction of the board and [The Comptroller
17-15    shall designate a separate fund to be known as the "Assessors
17-16    Registration Fund," which] may be used only [by the board] for the
17-17    administration [purpose] of [administering] this Act and other
17-18    duties authorized by law.
17-19          (b)  The board shall keep an accurate record of all
17-20    proceedings, which shall be available to the public at all times.
17-21    The board shall also maintain a roster of all persons registered
17-22    with the board, showing their names, BTPE numbers, places of
17-23    employment, and classification[.  The roster shall be] placed on
17-24    file with the Secretary of State.  Copies of the roster shall be
17-25    made available to persons registered under this Act and to the
17-26    public on request.
 18-1          SECTION 19.  REPEALER.  Section 10, Professional Land
 18-2    Surveying Practices Act (Article 5282c, Vernon's Texas Civil
 18-3    Statutes), is repealed.
 18-4          SECTION 20.  APPROPRIATIONS.  To provide a reasonable period
 18-5    for each project agency under Article 8930, Revised Statutes, as
 18-6    added by this Act, to establish itself as semi-independent and
 18-7    self-directed after the conclusion of fiscal year 1999, each
 18-8    project agency is appropriated an amount equal to 50 percent of
 18-9    that agency's appropriated amount for fiscal year 1999.  This
18-10    appropriation shall be repaid to the general revenue fund by the
18-11    project agency as funds become available.
18-12          SECTION 21.  EFFECT OF TRANSITION TO INDEPENDENT STATUS.
18-13    (a)  The transfer of a project agency under Article 8930, Revised
18-14    Statutes, as added by this Act, to semi-independent status and the
18-15    expiration of semi-independent status shall not act to cancel,
18-16    suspend, or prevent:
18-17                (1)  any debt owed to or by the project agency;
18-18                (2)  any fine, tax, penalty, or obligation of any
18-19    party;
18-20                (3)  any contract or other obligation of any party; or
18-21                (4)  any action taken by the project agency in
18-22    administration or enforcement of its duties.
18-23          (b)  Each project agency shall continue to have and exercise
18-24    the powers and duties allocated to it in its enabling legislation,
18-25    except as specifically amended by this Act.
18-26          (c)  Title to all supplies, materials, records, equipment,
 19-1    books, papers, and facilities used by each project agency is
 19-2    transferred to each respective project agency in fee simple.
 19-3    Nothing in this Act shall have any effect on property already owned
 19-4    by the project agencies.  At its sole option, each project agency
 19-5    may continue to occupy its current premises at the rates prescribed
 19-6    by the General Services Commission for indirect costs and bond debt
 19-7    service for the duration of the pilot project.
 19-8          (d)  Examination fees collected prior to September 1, 1999,
 19-9    for examinations conducted after September 1, 1999, shall be made
19-10    available to the project agency for costs associated with
19-11    conducting the examinations.
19-12          SECTION 22.  EFFECTIVE DATE.  This Act takes effect September
19-13    1, 1999.
19-14          SECTION 23.  EMERGENCY.  The importance of this legislation
19-15    and the crowded condition of the calendars in both houses create an
19-16    emergency and an imperative public necessity that the
19-17    constitutional rule requiring bills to be read on three several
19-18    days in each house be suspended, and this rule is hereby suspended.