HBA-SEP C.S.H.B. 2262 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2262 By: Danburg State Affairs 4/12/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Current law does not prohibit a person from being required to be a member of a private trade association as a precondition to serving as a member of a state agency governing board that issues a license or otherwise regulates a business, occupation, or profession. It may conflict with good public policy for the state to rely on membership in a private trade organization as a precondition for eligibility to appointment to a state licensing board. This precondition may give inappropriate authority to a private organization and may discriminate against professionals who choose not to belong to the particular private organization. C.S.H.B. 2262 prohibits a person from being required to be a member of a private trade association as a precondition to serving as a member of the governing board of a state agency that issues a license or otherwise regulates a business, occupation, or profession. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.B. 2262 amends the Occupations Code to prohibit a person from being required to be a member of a private trade association as a precondition to serving as a member of the governing board of a state agency that issues a license or otherwise regulates a business, occupation, or profession. This prohibition does not apply to the Texas Energy Resource Council if the legislature enacts legislation creating the council. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2262 modifies the original by providing that prohibited preconditions for governing board membership of licensing agencies do not apply to the Texas Energy Resource Council if the legislature enacts legislation creating the council. The substitute changes the effective date from on passage, or if the Act does not receive the necessary vote, September 1, 2001 to September 1, 2001.