HBA-DMH C.S.H.B. 1214 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1214
By: Pitts
Licensing & Administrative Procedures
4/17/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, the Texas Department of Licensing and Regulation (TDLR) ensures
public safety and welfare by regulating many diverse occupations.  The
duties of TDLR include issuing licenses, conducting inspections,
investigating complaints, issuing penalties, setting rules and standards,
and holding hearings. The Texas Commission of Licensing and Regulation
(commission) is required to appoint six commissioners including one who
serves as executive director of TDLR.  The term commissioner causes
confusion, because it is used to refer to all six commissioners, including
the one commissioner that serves a one-year term as executive director.
The commission does not have the authority to replace the commissioner
prior to the annual review regardless of quality of performance.  C.S.H.B.
1214 modifies language to clarify the role of the commissioners and the
executive director of TDLR, and repeals provisions relating to term of the
commissioner to authorize the commission to replace an executive director
at any time.  The bill creates uniformity in the licensing renewal process,
increases the administrative penalty, and modifies administrative hearing
requirements.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Commission of Licensing and
Regulation in SECTION 19 (Section 51.201, Occupations Code) and transferred
from the commissioner of licensing and regulation to the executive director
of the Texas Department of Licensing and Regulation throughout the bill. 

ANALYSIS

C.S.H.B. 1214 amends the Occupations Code to  redesignate the commissioner
of licensing and regulation (commissioner), who serves as the executive
director of the Texas Department of Licensing and Regulation (TDLR), as the
executive director of TDLR (executive director) and provides that the
executive director serves at the will of the Texas Commission of Licensing
and Regulation (commission) (Sec. 51.101).  The bill modifies in the
Occupations, Health and Safety, and Labor codes references to the
commissioner, as applicable, in the provisions regulating TDLR to reflect
this redesignation.   

The bill modifies provisions in the Occupations Code relating to the powers
and duties of the executive director (Secs. 51.103, 51.104, 51.202, 51.252,
51.309, 51.353, and 51.354).  The bill provides that TDLR is governed by
the commission, rather than the commission and the commissioner, and
requires the commission to adopt rules as necessary to implement provisions
relating to TDLR (Secs. 51.051 and 51.201).  The bill modifies the
eligibility requirements for appointment to and grounds for removal from
the commission, and provides voting guidelines for the presiding officer of
the commission (Secs. 51.053, 51.056, and 51.057). 

The bill modifies provisions relating to license expiration and renewal to
assign such duties to the executive director, rather than the commission,
and provide that licenses expire annually, instead of on various dates
during the year (Sec. 51.205).  The bill authorizes the executive director
or  commission, rather than the commission, to impose an administrative
penalty against a person who commits specified violations, and if the
relevant law establishing a program regulated by TDLR does not state the
maximum amount of the  penalty, the bill requires the executive director or
commission to assess a penalty in an amount that does not exceed $5,000 per
day, rather than $1,000, for each violation and specifies that each day a
violation continues or occurs is a separate violation for purposes of
imposing a penalty (Secs. 51.301 and 51.302). The bill sets forth
provisions for the imposition of sanctions and penalties and modifies
provisions relating to injunctive relief and civil penalties and the notice
of a violation  and its administrative penalty.  The bill removes the
provision that prohibits a civil penalty from exceeding $1,000 for each
violation or $250,000 in the aggregate (Secs. 51.3025, 51.303, and 51.352).

The bill removes the provision that prohibits the career ladder program
from penalizing or otherwise adversely affecting an employee who chooses
not to move from one office location to another, removes the provision that
permits delegation of the development of the program or system of
performance evaluation, and provides that the system must require
evaluations to be conducted at least annually, rather than annually (Sec.
51.107).  The bill repeals law relating to membership and employee
restrictions, the commissioner's term and vacancy, qualifications and
standards of conduct, and the annual report (Secs. 51.054, 51.102, 51.106,
and 51.206). 

The bill deletes provisions permitting the delegation of the preparation or
maintenance of a written policy regarding equal opportunity employment and
a requirement that the governor deliver a biennial report (Sec. 51.108).
The bill deletes references to registrations, certificates, titles, and
permits throughout.  The bill deletes provisions relating to imposition of
an administrative penalty and fees paid by the owner of a building (Secs. 5
and 6, Article 9102, V.T.C.S.). 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1214 differs from the original by specifying that an
administrative penalty amount assessed by the executive director of the
Texas Commission of Licensing and Regulation or  the commission may not
exceed $5,000, rather than $1,000, per day for each violation.  The
substitute also provides that each day a violation continues or occurs is a
separate violation for purposes of imposing a penalty (Sec. 51.302).