1-1     By:  Duncan, Ratliff                                  S.B. No. 1438
 1-2           (In the Senate - Filed March 12, 1999; March 15, 1999, read
 1-3     first time and referred to Committee on State Affairs;
 1-4     April 19, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 7, Nays 0; April 19, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1438                    By:  Cain
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to a pilot project transferring certain professional and
1-11     occupational licensing boards to self-directed semi-independent
1-12     status; making an appropriation.
1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14           SECTION 1.  LEGISLATIVE INTENT.  (a)  Several agencies of the
1-15     State of Texas regulate specific professions in the public
1-16     interest.  While these licensing agencies perform important public
1-17     functions, the populations most directly affected by their
1-18     activities, the members of the professions, are small in comparison
1-19     to the population of the state.  While the agencies may collect and
1-20     remit the $200 professional fee to the state, their operations are
1-21     supported by examination, licensing, and other fees paid by the
1-22     professionals they regulate.
1-23           (b)  The state controls the activities of the licensing
1-24     agencies in many ways.  The governor appoints the board members who
1-25     run the agencies.  The agencies are subject to the open meetings
1-26     law, Chapter 551, Government Code, and the public information law,
1-27     Chapter 552, Government Code.  The decisions of the agencies are
1-28     procedurally and substantively guided by the Administrative
1-29     Procedure Act, Chapter 2001, Government Code, and ultimately the
1-30     courts of the State of Texas can review and reverse their
1-31     decisions.  All contested cases brought by the agencies are tried
1-32     before administrative law judges of the State Office of
1-33     Administrative Hearings.  The agencies are represented in the
1-34     courts of the State of Texas by the attorney general.  They are
1-35     subject to sunset review and file annual reports with the governor.
1-36     They are audited by the state auditor and several are subject to
1-37     the Texas Internal Auditing Act, Chapter 2102, Government Code.
1-38           (c)  In addition, the agencies do not have unfettered
1-39     discretion to raise funds from the public.  The legislature has set
1-40     specific limits on the amounts that may be charged the regulated
1-41     profession for the services provided by the agencies.
1-42           (d)  The agencies perform functions vital to the interest of
1-43     the state and of its people.  They regulate their respective
1-44     professions to ensure that persons holding professional licenses
1-45     meet the highest standards of competence and professionalism.  The
1-46     public relies on these professionals for their expert judgment on
1-47     matters ranging from the soundness of public structures to the
1-48     financial solvency of a potential investment.  The public has a
1-49     vital interest in maintaining competence and improving the quality
1-50     of the licensees of the agencies.
1-51           (e)  At the same time, the controls on the licensing agencies
1-52     ensure that the functions of the agencies are carried out
1-53     efficiently and effectively.  Texas has a number of
1-54     semi-independent agencies that carry out the functions of the state
1-55     in other areas well and in the public interest with far fewer
1-56     controls than those enumerated in this section.
1-57           (f)  Therefore, the legislature intends through this Act to
1-58     establish a pilot project to assess the practicality and efficiency
1-59     of changing certain professional and occupational licensing boards
1-60     to semi-independent self-directed status.  The state agencies
1-61     involved in this pilot project have well-defined missions and
1-62     well-run boards and administrations.  The pilot project will run
1-63     for a specified time and will expire if not renewed.  If
1-64     successful, approximately 100 employees will be removed from the
 2-1     state payroll and the administrative burden of state government
 2-2     will be reduced.
 2-3           SECTION 2.  AMENDMENT.  Title 132, Revised Statutes, is
 2-4     amended by adding Article 8930 to read as follows:
 2-5           Art. 8930.  SELF-DIRECTED SEMI-INDEPENDENT AGENCY PROJECT ACT
 2-6           Sec. 1.  SHORT TITLE.  This Act shall be known as the
 2-7     Self-Directed Semi-Independent Agency Project Act.
 2-8           Sec. 2.  AGENCY PARTICIPATION.  The following agencies shall
 2-9     be part of the pilot project created by this Act:
2-10                 (1)  the Texas State Board of Public Accountancy;
2-11                 (2)  the Texas Board of Professional Engineers;
2-12                 (3)  the Texas Board of Architectural Examiners;
2-13                 (4)  the Board of Tax Professional Examiners; and
2-14                 (5)  the Texas Board of Professional Land Surveying.
2-15           Sec. 3.  DEFINITION.  In this Act, "project agency" means an
2-16     agency listed in Section 2 of this Act.
2-17           Sec. 4.  PILOT PROJECT.  (a)  Notwithstanding any other
2-18     provision of law, each project agency shall become self-directed
2-19     and semi-independent as specified in this Act.
2-20           (b)  Each project agency shall continue to be a state agency,
2-21     as that term is defined in Section 2001.003(7), Government Code.
2-22           (c)  This Act is subject to Chapter 325, Government Code
2-23     (Texas Sunset Act).  Unless continued in existence as provided by
2-24     that chapter, this Act expires September 1, 2005.
2-25           Sec. 5.  GENERAL DUTIES OF ALL PROJECT AGENCIES.  In addition
2-26     to the duties enumerated in the enabling legislation specifically
2-27     applicable to each project agency, each project agency shall have
2-28     the duties prescribed by Sections 6 through 9 of this Act.
2-29           Sec. 6.  BUDGET.  (a)  A project agency shall adopt a budget
2-30     annually using generally accepted accounting principles.  The
2-31     budget shall be reviewed and approved only by the project agency's
2-32     governing board notwithstanding any other provision of law,
2-33     including the General Appropriations Act.  No costs shall be
2-34     incurred by the general revenue fund.  A project agency shall be
2-35     responsible for all costs, both direct and indirect.
2-36           (b)  A project agency shall keep financial and statistical
2-37     information as necessary to disclose completely and accurately the
2-38     financial condition and operation of the project agency.
2-39           (c)  Any surplus generated by a project agency shall be
2-40     remitted annually to the general revenue fund.
2-41           Sec. 7.  AUDITS.  Nothing in this Act shall affect the duty
2-42     of the State Auditor to audit a project agency.  The State Auditor
2-43     shall enter into a contract and schedule with each project agency
2-44     to conduct audits, including financial reports and performance
2-45     audits.  Costs incurred in performing such audits shall be
2-46     reimbursed by the project agency.
2-47           Sec. 8.  REPORTING REQUIREMENTS.  A project agency shall
2-48     submit to the legislature and the governor by the first day of the
2-49     regular session of the legislature a report describing all of the
2-50     agency's activities in the previous biennium.  The report shall
2-51     include:
2-52                 (1)  an audit required by Section 7 of this Act;
2-53                 (2)  a financial report of the previous fiscal year;
2-54                 (3)  a description of any changes in licensing fees;
2-55                 (4)  a report on the number of examination candidates,
2-56     licensees, certificate holders, and enforcement activities and any
2-57     changes in those figures; and
2-58                 (5)  a description of all new rules adopted or
2-59     repealed.
2-60           Sec. 9.  DISPOSITION OF FUNDS.  (a)  If provided in a project
2-61     agency's enabling legislation, the project agency shall collect a
2-62     professional fee of $200 from its licensees annually which shall be
2-63     remitted to the state.  If provided in a project agency's enabling
2-64     legislation, the project agency shall collect a scholarship fee of
2-65     $10 annually from its licensees and shall remit it to the state.
2-66           (b)  All funds other than the $200 professional fee collected
2-67     or received by a project agency shall be deposited into an account
2-68     in a depository institution insured by the Federal Deposit
2-69     Insurance Corporation selected by the project agency.
 3-1           Sec. 10.  GENERAL POWERS OF ALL PROJECT AGENCIES.  In
 3-2     addition to the powers enumerated in each project agency's enabling
 3-3     legislation, each project agency shall have the powers described in
 3-4     Sections 11 through 14 of this Act.
 3-5           Sec. 11.  ABILITY TO CONTRACT.  To carry out and promote the
 3-6     objectives of this Act, a project agency may enter into contracts
 3-7     and do all other acts incidental to those contracts that are
 3-8     necessary for the administration of its affairs and for the
 3-9     attainment of its purposes; provided, however, that any
3-10     indebtedness, liability, or obligation of the project agency shall
3-11     not:
3-12                 (1)  create a debt or other liability of the state or
3-13     any other entity other than the project agency; or
3-14                 (2)  create any personal liability on the part of the
3-15     members of the board of the project agency or its employees.
3-16           Sec. 12.  PROPERTY.  A project agency may:
3-17                 (1)  acquire by purchase, lease, gift, or in any other
3-18     manner provided by law and maintain, use, and operate any and all
3-19     property of any kind, real, personal, or mixed, or any interest in
3-20     such property, necessary or convenient to the exercise of the
3-21     powers, rights, privileges, and functions of the project agency;
3-22                 (2)  sell or otherwise dispose of any property of any
3-23     kind, real, personal, or mixed, or any interest in such property,
3-24     which the project agency determines is not necessary or convenient
3-25     to the exercise of its powers, rights, privileges, and functions;
3-26                 (3)  construct, extend, improve, maintain, and
3-27     reconstruct, cause to be constructed, extended, improved,
3-28     maintained, and reconstructed, and use and operate, any and all
3-29     facilities of any kind necessary or convenient to the exercise of
3-30     the powers, rights, privileges, and functions of the project
3-31     agency; and
3-32                 (4)  borrow money, if necessary or convenient to the
3-33     exercise of the project agency's powers, rights, privileges, and
3-34     functions, for a period not to exceed five years as may be
3-35     authorized from time to time by an affirmative vote of a two-thirds
3-36     majority of the project agency's board.
3-37           Sec. 13.  SUITS.  The office of the attorney general shall
3-38     represent a project agency in any litigation.
3-39           Sec. 14.  FEES.  Subject to the limitations, if any, in the
3-40     applicable enabling legislation, each project agency may set the
3-41     amount of fees by statute or rule as necessary for the purpose of
3-42     carrying out the functions of the project agency.
3-43           Sec. 15.  LIABILITY.  A project agency and its board members,
3-44     employees, agents, and volunteers have the protection from
3-45     liability provided by the agency enabling legislation, common law,
3-46     and any other statute, including but not limited to Chapter 104,
3-47     Civil Practice and Remedies Code.
3-48           Sec. 16.  OPEN GOVERNMENT.  Subject to the confidentiality
3-49     provisions of a project agency's enabling legislation:
3-50                 (1)  meetings of the project agency are subject to
3-51     Chapter 551, Government Code; and
3-52                 (2)  records maintained by the project agency are
3-53     subject to Chapter 552, Government Code.
3-54           Sec. 17.  MEMBERSHIP IN EMPLOYEE RETIREMENT SYSTEM.
3-55     Employees of the project agencies are members of the Employees
3-56     Retirement System of Texas under Chapter 812, Government Code, and
3-57     transition to independent status shall have no effect on their
3-58     membership.
3-59           SECTION 3.  AMENDMENT.  Section 7, Public Accountancy Act of
3-60     1991 (Article 41a-1, Vernon's Texas Civil Statutes), is amended to
3-61     read as follows:
3-62           Sec. 7.  EXPENSES OF BOARD.  (a)  The fees [and other money]
3-63     received by the board under this Act shall be deposited in a
3-64     depository institution at the direction of [state treasury to] the
3-65     board [credit of a special fund to be known as the public
3-66     accountancy fund] and may be used only for the administration of
3-67     this Act.  [This subsection does not apply to money subject to
3-68     deposit under Section 22A of this Act.]
3-69           (b)  [The board shall file annually with the governor and the
 4-1     presiding officer of each house of the legislature a complete and
 4-2     detailed report accounting for all funds received and disbursed by
 4-3     the board during the preceding fiscal year.  The annual report must
 4-4     be in the form and reported in the time provided by the General
 4-5     Appropriations Act.]
 4-6           [(b)  The board shall file an annual report of its activities
 4-7     with the governor and the Legislative Budget Board.  The report
 4-8     shall include a summary statement of all receipts and disbursements
 4-9     of the board for each calendar year.  The board's funds are subject
4-10     to audit by the state auditor in accordance with Chapter 321,
4-11     Government Code.]
4-12           [(c)]  The board may solicit, contract for, and accept money
4-13     and other assistance from any source to carry out the powers and
4-14     duties under this Act.
4-15           SECTION 4.  AMENDMENT.  Subsection (g), Section 9, Public
4-16     Accountancy Act of 1991 (Article 41a-1, Vernon's Texas Civil
4-17     Statutes), is amended to read as follows:
4-18           (g)  The board may increase each license fee collected under
4-19     this section in an amount necessary to produce funds adequate for
4-20     the enforcement of this Act.  The fee increase shall be deposited
4-21     as provided by Section 7 [22A] of this Act.
4-22           SECTION 5.  AMENDMENT.  Subsection (j), Section 21D, Public
4-23     Accountancy Act of 1991 (Article 41a-1, Vernon's Texas Civil
4-24     Statutes), is amended to read as follows:
4-25           (j)  The board shall deposit, as provided by Section 7 [22A]
4-26     of this Act, the amounts received by the board under this section.
4-27           SECTION 6.  AMENDMENT.  Section 22A, Public Accountancy Act
4-28     of 1991 (Article 41a-1, Vernon's Texas Civil Statutes), is amended
4-29     to read as follows:
4-30           Sec. 22A.  ENFORCEMENT COMMITTEES[; ENFORCEMENT FUND].
4-31     [(a)]  The board may appoint enforcement committees from its
4-32     membership and may adopt rules consistent with this Act as
4-33     necessary for the performance of each committee's duties.  An
4-34     enforcement committee shall consider and make recommendations to
4-35     the full board on matters relating to the enforcement of this Act
4-36     and the rules adopted in accordance with this Act.  At least one
4-37     member of the board who is a public representative member must
4-38     serve on each enforcement committee.
4-39           [(b)  A special fund is established for the exclusive use of
4-40     the board to be known as the public accountancy enforcement fund.
4-41     The fund may be used only to finance the enforcement functions
4-42     performed under this Act.  Money received by the board from a fee
4-43     increase adopted under Section 9(g) of this Act and money related
4-44     to an administrative penalty and received by the board under
4-45     Section 21D of this Act shall be deposited in the fund.  The
4-46     comptroller is the custodian of the fund.  The comptroller shall
4-47     issue warrants from the fund supported only by vouchers signed by
4-48     the chairman and the executive director.  The fund shall be
4-49     appropriated to the board by the legislature.]
4-50           SECTION 7.  AMENDMENT.  Section 28, Public Accountancy Act of
4-51     1991 (Article 41a-1, Vernon's Texas Civil Statutes), is amended to
4-52     read as follows:
4-53           Sec. 28.  SUNSET PROVISION.  The Texas State Board of Public
4-54     Accountancy is subject to Chapter 325, Government Code (Texas
4-55     Sunset Act).  Unless continued in existence as provided by that
4-56     chapter, the board is abolished and this Act expires September 1,
4-57     2005 [2003].
4-58           SECTION 8.  AMENDMENT.  Section 2a, Chapter 478, Acts of the
4-59     45th Legislature, Regular Session, 1937 (Article 249a, Vernon's
4-60     Texas Civil Statutes), is amended to read as follows:
4-61           Sec. 2a.  SUNSET PROVISION.  The Texas Board of Architectural
4-62     Examiners is subject to Chapter 325, Government Code (Texas Sunset
4-63     Act).  Unless continued in existence as provided by that chapter,
4-64     the board is abolished and this Act expires September 1, 2005
4-65     [2003].
4-66           SECTION 9.  AMENDMENT.  Subsection (a), Section 4, Chapter
4-67     478, Acts of the 45th Legislature, Regular Session, 1937 (Article
4-68     249a, Vernon's Texas Civil Statutes), is amended to read as
4-69     follows:
 5-1           (a)  The [All] fees received by the Board [collected or money
 5-2     derived] under [the provisions of] this Act shall be deposited in a
 5-3     depository institution at the direction of the Board and [received
 5-4     and accounted for by the secretary-treasurer.  All of these funds
 5-5     which are  received shall be paid weekly to the State Comptroller,
 5-6     who shall keep this money in a separate fund to be known as the
 5-7     Architectural Examiners Fund.  This fund] may be used only for the
 5-8     administration of this Act [the powers and duties of the  Board and
 5-9     shall be paid out only by warrants of the State Comptroller, upon
5-10     itemized vouchers, approved by the chairman or acting chairman and
5-11     attested by the secretary-treasurer of the Board.  Disbursements
5-12     shall not in any way be a charge upon the General Revenue Fund of
5-13     this State].
5-14           SECTION 10.  AMENDMENT.  Section 4A, Chapter 478, Acts of the
5-15     45th Legislature, Regular Session, 1937 (Article 249a, Vernon's
5-16     Texas Civil Statutes), is amended to read as follows:
5-17           Sec. 4A.  [(a)]  Each member of the Board is entitled to a
5-18     [the] per diem [set by legislative appropriation] for each day that
5-19     the member engages in the business of the Board.  A member is
5-20     entitled to compensation for travel expenses, including food,
5-21     lodging, and transportation expenses[, as provided by the General
5-22     Appropriations Act].
5-23           [(b)  The per diem and expenses of the members of the Board
5-24     shall be paid from the Architectural Examiners Fund.]
5-25           [(c)  General revenue funds may not be used for the
5-26     administration of this Act except as provided by the General
5-27     Appropriations Act.]
5-28           SECTION 11.  AMENDMENT.  Subsection (b), Section 10, Chapter
5-29     457, Acts of the 61st Legislature, Regular Session, 1969 (Article
5-30     249c, Vernon's Texas Civil Statutes), is amended to read as
5-31     follows:
5-32           (b)  The fees received by [All sums of money paid to] the
5-33     board under [the provisions of] this Act[,] shall be deposited in a
5-34     depository institution at the direction of the board and may be
5-35     used only for the administration of this Act [Architectural
5-36     Examiners Fund].
5-37           SECTION 12.  AMENDMENT.  Section 6, Article 249e, Revised
5-38     Statutes, is amended to read as follows:
5-39           Sec. 6.  FUND; FEES.  (a)  The [All] fees received by the
5-40     board under this article shall be deposited in a depository
5-41     institution at the direction of [to the credit of the architectural
5-42     examiners fund and may be spent by] the board and may be used only
5-43     for [in] the administration of this article [its statutory powers
5-44     and duties].
5-45           (b)  The board shall set the following fees[, unless
5-46     otherwise set in the General Appropriations Act,] in amounts that
5-47     are reasonable and necessary to cover the costs of the
5-48     administration of this article:
5-49                 (1)  a registration application fee in an amount not to
5-50     exceed $100;
5-51                 (2)  an annual registration renewal fee in an amount
5-52     not to exceed $100;
5-53                 (3)  a reciprocal registration fee in an amount not to
5-54     exceed $100; and
5-55                 (4)  an examination fee.
5-56           (c)  The board may set fees[, unless otherwise set in the
5-57     General Appropriations Act,] for the following in amounts that are
5-58     reasonable and necessary to cover the costs of the administration
5-59     of this article:
5-60                 (1)  a duplicate registration certificate;
5-61                 (2)  a roster of registered interior designers;
5-62                 (3)  the restoration of a revoked or suspended
5-63     registration certificate; and
5-64                 (4)  any other action of the board involving an
5-65     administrative expense.
5-66           SECTION 13.  AMENDMENT.  Section 3a, The Texas Engineering
5-67     Practice Act (Article 3271a, Vernon's Texas Civil Statutes), is
5-68     amended to read as follows:
5-69           Sec. 3a.  SUNSET PROVISION.  The Texas Board of Professional
 6-1     Engineers is subject to Chapter 325, Government Code (Texas Sunset
 6-2     Act).  Unless continued in existence as provided by that chapter,
 6-3     the board is abolished and this Act expires September 1, 2005
 6-4     [2003].
 6-5           SECTION 14.  AMENDMENT.  Section 9, The Texas Engineering
 6-6     Practice Act (Article 3271a, Vernon's Texas Civil Statutes), is
 6-7     amended to read as follows:
 6-8           Sec. 9.  RECEIPTS AND DISBURSEMENTS.  The executive director
 6-9     [Secretary] of the Board shall receive and account for all moneys
6-10     derived under the provisions of this Act.  The fees received by[,
6-11     and shall pay the same weekly to the Comptroller who shall keep
6-12     such moneys in a separate fund to be known as the "Professional
6-13     Engineers' Fund".  Such fund shall be paid out only by warrant of
6-14     the State Comptroller upon itemized vouchers, approved by the
6-15     Chairman and attested by the Secretary of] the Board under this Act
6-16     shall be deposited in a depository institution at the direction[.
6-17     All moneys in the "Professional Engineers' Fund" are hereby
6-18     specifically appropriated for the use] of the Board and may be used
6-19     only for [in] the administration of this Act and other duties
6-20     authorized by law.  The [Secretary of the] Board shall employ an
6-21     executive director, who shall receive such compensation as annually
6-22     established by the Board [give a surety  bond to the Governor of
6-23     the State of Texas in the sum of Two Thousand Five Hundred
6-24     ($2,500.00) Dollars.  The premium on said bond shall be paid out of
6-25     the "Professional Engineers' Fund".  The Secretary of the Board
6-26     shall receive such salary as the Board shall determine in addition
6-27     to the compensation and expenses provided for in this Act].  The
6-28     executive director [Board] shall employ such engineering,
6-29     administrative, and clerical staff or other assistants as are
6-30     necessary for the proper implementation [performance] of this Act
6-31     and other duties authorized by law [its work,] and may make
6-32     expenditures from the depository institution consistent with [of]
6-33     this [fund for any] purpose [which in the opinion of the Board is
6-34     reasonably necessary for the proper performance of its duties under
6-35     this Act.  Under no circumstances shall the total amount of
6-36     warrants issued by the State Comptroller in payment of the expenses
6-37     and compensation provided for in this Act exceed the amount of the
6-38     "Professional Engineers' Fund".  Provided further, that the
6-39     salaries paid herein shall not be in excess of salaries paid for
6-40     similar work in other departments].
6-41           SECTION 15.  AMENDMENT.  Section 5, Professional Land
6-42     Surveying Practices Act (Article 5282c, Vernon's Texas Civil
6-43     Statutes), is amended to read as follows:
6-44           Sec. 5.  SUNSET PROVISION.  The Texas Board of Professional
6-45     Land Surveying is subject to Chapter 325, Government Code (Texas
6-46     Sunset Act).  Unless continued in existence as provided by that
6-47     chapter, the board is abolished and this Act expires September 1,
6-48     2005 [2003].
6-49           SECTION 16.  AMENDMENT.  Sections 13 and 23B, Professional
6-50     Land Surveying Practices Act (Article 5282c, Vernon's Texas Civil
6-51     Statutes), are amended to read as follows:
6-52           Sec. 13.  RECEIPTS AND DISBURSEMENTS.  The director of the
6-53     board shall receive and account for all fees received under the
6-54     provisions of this Act and shall deposit these funds in a
6-55     depository institution at the direction [the State Treasury to the
6-56     credit of a special fund to be known as the "Land Surveying Fund."
6-57     This fund shall be paid out only by warrants of the comptroller of
6-58     public accounts upon itemized vouchers approved by the director] of
6-59     the board to be used only for the administration of this Act.
6-60     [Under no circumstances shall the total amount of warrants issued
6-61     by the comptroller of public accounts in payment of the expenses
6-62     and compensation provided for in this Act exceed the amount in the
6-63     Land Surveying Fund.  All payments to persons retained or employed
6-64     by the board or to members of the board and all per diem and
6-65     expenses incurred under this Act shall be paid out of the Land
6-66     Surveying Fund provided herein, and no part of the expense of
6-67     administering this Act shall ever be a charge against the general
6-68     funds of the State of Texas.  The board shall as of August 31 of
6-69     each year after the passage of this Act make a report to the
 7-1     governor, lieutenant governor, and speaker of the house of
 7-2     representatives for all receipts and disbursements under this Act.
 7-3     The financial transactions of the board are subject to audit by the
 7-4     state auditor in accordance with Chapter 321, Government Code.]
 7-5           Sec. 23B.  CIVIL PENALTY.  (a)  A person who violates this
 7-6     Act or a rule adopted under this Act is liable for a civil penalty
 7-7     of not more than $1,000 for each violation.
 7-8           (b)  The attorney general, on request of the board, shall
 7-9     institute and conduct in the name of the state a suit to collect
7-10     the penalty.
7-11           [(c)  A civil penalty collected under this section shall be
7-12     deposited in the state treasury to the credit of the General
7-13     Revenue Fund.]
7-14           SECTION 17.  AMENDMENT.  Subsection (e), Section 4, The
7-15     Property Taxation Professional Certification Act (Article 8885,
7-16     Revised Statutes), is amended to read as follows:
7-17           (e)  The Board of Tax Professional Examiners is subject to
7-18     Chapter 325, Government Code (Texas Sunset Act).  Unless continued
7-19     in existence as provided by that chapter, the board is abolished
7-20     and this Act expires September 1, 2005 [2003].
7-21           SECTION 18.  AMENDMENT.  Section 8, The Property Taxation
7-22     Professional Certification Act (Article 8885, Revised Statutes), is
7-23     amended to read as follows:
7-24           Sec. 8.  (a)  The executive director of the board shall
7-25     receive and account for all money derived under the provisions of
7-26     this Act [and shall pay it to the Comptroller].  The fees received
7-27     by the board under this Act shall be deposited in a depository
7-28     institution at the direction of the board and [The Comptroller
7-29     shall designate a separate fund to be known as the "Assessors
7-30     Registration Fund," which] may be used only [by the board] for the
7-31     administration [purpose] of [administering] this Act and other
7-32     duties authorized by law.
7-33           (b)  The board shall keep an accurate record of all
7-34     proceedings, which shall be available to the public at all times.
7-35     The board shall also maintain a roster of all persons registered
7-36     with the board, showing their names, BTPE numbers, places of
7-37     employment, and classification[.  The roster shall be] placed on
7-38     file with the Secretary of State.  Copies of the roster shall be
7-39     made available to persons registered under this Act and to the
7-40     public on request.
7-41           SECTION 19.  REPEALER.  Section 10, Professional Land
7-42     Surveying Practices Act (Article 5282c, Vernon's Texas Civil
7-43     Statutes), is repealed.
7-44           SECTION 20.  APPROPRIATIONS.  To provide a reasonable period
7-45     for each project agency under Article 8930, Revised Statutes, as
7-46     added by this Act, to establish itself as semi-independent and
7-47     self-directed after the conclusion of fiscal year 1999, each
7-48     project agency is appropriated an amount equal to 50 percent of
7-49     that agency's appropriated amount for fiscal year 1999.  This
7-50     appropriation shall be repaid to the general revenue fund by the
7-51     project agency as funds become available.
7-52           SECTION 21.  EFFECT OF TRANSITION TO INDEPENDENT STATUS.
7-53     (a)  The transfer of a project agency under Article 8930, Revised
7-54     Statutes, as added by this Act, to semi-independent status and the
7-55     expiration of semi-independent status shall not act to cancel,
7-56     suspend, or prevent:
7-57                 (1)  any debt owed to or by the project agency;
7-58                 (2)  any fine, tax, penalty, or obligation of any
7-59     party;
7-60                 (3)  any contract or other obligation of any party; or
7-61                 (4)  any action taken by the project agency in
7-62     administration or enforcement of its duties.
7-63           (b)  Each project agency shall continue to have and exercise
7-64     the powers and duties allocated to it in its enabling legislation,
7-65     except as specifically amended by this Act.
7-66           (c)  Title to all supplies, materials, records, equipment,
7-67     books, papers, and facilities used by each project agency is
7-68     transferred to each respective project agency in fee simple.
7-69     Nothing in this Act shall have any effect on property already owned
 8-1     by the project agencies.  At its sole option, each project agency
 8-2     may continue to occupy its current premises at the rates prescribed
 8-3     by the General Services Commission for indirect costs and bond debt
 8-4     service for the duration of the pilot project.
 8-5           (d)  Examination fees collected prior to September 1, 1999,
 8-6     for examinations conducted after September 1, 1999, shall be made
 8-7     available to the project agency for costs associated with
 8-8     conducting the examinations.
 8-9           SECTION 22.  EFFECTIVE DATE.  This Act takes effect September
8-10     1, 1999.
8-11           SECTION 23.  EMERGENCY.  The importance of this legislation
8-12     and the crowded condition of the calendars in both houses create an
8-13     emergency and an imperative public necessity that the
8-14     constitutional rule requiring bills to be read on three several
8-15     days in each house be suspended, and this rule is hereby suspended.
8-16                                  * * * * *