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.