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 * * * * *