SRC- CTC S.B. 791 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 791
77R4960 JMM-DBy: Nelson
Health & Human Services
4/3/2001
As Filed


DIGEST AND PURPOSE 

In 1997, the 76th Legislature passed H.B. 2085 which called for the Texas
Department of Health (TDH) to perform a comprehensive evaluation of its
regulatory programs and to identify problem areas and recommend solutions.
One of the findings of the regulatory review indicates that enforcement
sanctions are inadequate in some of the professional licensing programs.
As proposed, S.B. 791 amends several sections of the Occupations Code to
grant these licensing programs the authority to issue emergency suspension
of a license to practice, to assess administrative penalties to strengthen
regulatory efforts, and to include civil and criminal penalties to further
sanction individuals that are out of compliance.  These sanctioning tools
ensure standardization and consistency of enforcement measures for
licensing programs housed within TDH. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 203I, Occupations Code, by adding Section
203.405, as follows: 

Sec. 203.405.  EMERGENCY SUSPENSION.  Requires the Texas Board of Health
(board) or a three-member committee of board members designated by the
board to temporarily suspend the letter of documentation of a documented
midwife if the board or committee determines from the evidence or
information presented to it that continued practice by the documented
midwife would constitute a continuing and imminent threat to the public
welfare. Authorizes a letter of documentation to be suspended under this
section without notice or hearing under certain circumstances.  Requires
the State Office of Administrative Hearings (SOAH) to hold a preliminary
hearing not later than the 14th day after the date of the temporary
suspension to determine if there is a probable cause to believe that a
continuing and imminent threat to the public welfare still exists.
Requires a final hearing on the matter to be held not later than the 61st
day after the date of the temporary suspension. 

SECTION 2.  Amends Chapter 352F, Occupations Code, by adding Section
352.254, as follows: 

Sec. 352.254.  EMERGENCY SUSPENSION.  Requires the Texas Board of Health
(board) or a three-member committee of board members designated by the
board to temporarily suspend the certificate of registration of a
certificate holder if the board or committee determines from evidence or
information presented to it that continued practice by the certificate
holder would constitute a continuing and imminent threat to the public
welfare. Authorizes the certificate of registration to be suspended under
this section without notice or hearing under certain circumstances.
Requires SOAH to hold a preliminary hearing not later than the 14th day
after the date of the temporary suspension to determine if there is
probable cause to believe that a continuing and imminent threat to the
public welfare still exists.  Requires a final hearing on the matter to be
held not later than the 61st day after the date of the  temporary
suspension. 

SECTION 3.  Amends Chapter 353E, Occupations Code, by adding Section
353.2025, as follows: 

Sec. 353.2025.  EMERGENCY SUSPENSION.  Requires the Texas Board of Health
(board) or a three-member committee of board members designated by the
board to temporarily suspend the permit of a permit holder if the board or
committee determines from evidence or information presented to it that
continued practice by the permit holder would constitute a continuing and
imminent threat to the public welfare.  Authorizes the permit to be
suspended under this section without notice or hearing under certain
circumstances.  Requires SOAH to hold a preliminary hearing not later than
the 14th day after the date of the temporary suspension to determine if
there is probable cause to believe that a continuing and imminent threat to
the public welfare still exists.  Requires a final hearing on the matter to
be held not later than the 61st day after the date of the temporary
suspension. 

SECTION 4.  Amends Chapter 401J, Occupations Code, by adding Section
401.460, as follows: 

Sec. 401.460.  EMERGENCY SUSPENSION.  Requires the State Board of Examiners
for Speech-Pathology and Audiology (board) or a three-member committee of
board members designated by the board to temporarily suspend the license of
a license holder if the board or committee determines from evidence or
information presented to it that continued practice by the license holder
would constitute a continuing and imminent threat to the public welfare.
Authorizes the license  to be suspended under this section without notice
or hearing under certain circumstances.  Requires SOAH to hold a
preliminary hearing not later than the 14th day after the date of the
temporary suspension to determine if there is probable cause to believe
that a continuing and imminent threat to the public welfare still exists.
Requires a final hearing on the matter to be held not later than the 61st
day after the date of the temporary suspension. 

SECTION 5.  Amends Chapter 401, Occupations Code, by adding Subchapter L,
as follows: 

SUBCHAPTER L.  ADMINISTRATIVE PENALTY

Sec. 401.551.  IMPOSITION OF ADMINISTRATIVE PENALTY.  Authorizes the State
Board of Examiners for Speech-Pathology and Audiology (board) to impose an
administrative penalty on a person licensed under this chapter who violates
this chapter or a rule or order adopted under this chapter. 

Sec. 401.552.  AMOUNT OF ADMINISTRATIVE PENALTY.  Prohibits the amount of
the administrative penalty from being less than $50 or more than $500 for
each violation.  Provides that each day a violation continues or occurs is
a separate violation for the purpose of imposing a penalty.  Requires the
amount to be based on certain factors. 

Sec. 401.553.  REPORT AND NOTICE OF VIOLATION AND PENALTY.  Authorizes the
commissioner of public health (commissioner), on determination that a
violation has occurred, to issue a report to the board stating certain
information.  Requires the commissioner, within 14 days after the date the
report is issued, to give written notice of the report to the person.
Provides that the notice must include certain information. 

Sec. 401.554.  PENALTY TO BE PAID OR HEARING REQUESTED.  Authorizes the
person, within 10 days after the person receives the notice, to take
certain actions.  Requires the board by order, if the person accepts the
determination and recommended penalty of the commissioner, to approve the
determination and impose the recommended penalty. 

Sec. 401.555.  HEARING.  Requires the commissioner, if the person requests
a hearing or fails to respond in a timely manner to the notice, to set a
hearing and give written notice of the  hearing to the person.  Requires an
administrative law judge of SOAH to hold the hearing. Requires the
administrative law judge to make findings of fact and conclusions of law
and promptly issue to the board a proposal for a decision about the
occurrence of the violation and the amount of a proposed administrative
penalty. 

Sec. 401.556.  DECISION BY BOARD.  Authorizes the board by order, based on
the findings of fact, conclusions of law, and proposal for decision, to
determine that a violation occurred and impose an administrative penalty or
that a violation did not occur.  Requires the notice of the board's order
given to the person to include a statement of the right of the person to
judicial review of the order. 

Sec. 401.557.  OPTIONS FOLLOWING DECISION: PAY OR APPEAL.  Requires the
person, within 30 days after the date the board's order becomes final, to
take certain actions. Authorizes a person who files a petition for judicial
review, within this 30-day period, to take certain actions.  Authorizes the
commissioner, if the commissioner receives a copy of a certain affidavit
under this section, to file a contest to the affidavit with the court
within five days after the date the copy is received.  Requires the court
to hold a hearing on the facts alleged in the affidavit as soon as
practicable and to stay the enforcement of the penalty on finding that the
alleged facts are true.  Provides that the person who files the affidavit
has the burden of proving that the person is financially unable to pay the
penalty and to give  a supersedeas bond. 

Sec. 401.558.  COLLECTION OF PENALTY.  Authorizes the administrative
penalty to be collected if the person does not pay the penalty and the
enforcement of the penalty is not stayed.  Authorizes the attorney general
to sue to collect the penalty. 

Sec. 401.559.  DETERMINATION BY COURT.  Authorizes the court, if the court
sustains the determination that a violation occurred, to uphold or reduce
the amount of the administrative penalty and order the person to pay the
full or reduced amount of the penalty.  Requires the court, if the court
does not sustain the finding that a violation occurred, to order that the
penalty is not owed. 

Sec. 401.560.  REMITTANCE OF PENALTY AND INTEREST.  Requires the court, if
the person paid the administrative penalty and if the amount of the penalty
is reduced or the penalty is not upheld by the court, to order, when the
court's judgment becomes final, that the appropriate amount plus accrued
interest be remitted to the person.  Sets forth the rate at which interest
accrues.  Requires the interest to be paid for a certain period.  Requires
the court, if the person gave a supersedeas bond and the penalty is not
upheld in court, to order, when the court's judgment becomes final, the
release of the bond.  Requires the court, if the person gave a supersedeas
bond and the amount of the penalty is reduced, to order the release of the
bond after the person pays the reduced amount. 

Sec. 401.561.  ADMINISTRATIVE PROCEDURE.  Provides that a proceeding under
this section is a contested case under Chapter 2001, Government Code. 

SECTION 6.  Amends Chapter 402K, Occupations Code, by adding Section
402.504, as follows: 

Sec. 402.504.  EMERGENCY SUSPENSION.  Requires the Texas Board of Health
(board) or a three-member committee of board members designated by the
board to temporarily suspend the license or permit of a license or permit
holder if the board or committee determines from evidence or information
presented to it that continued practice by the license or permit holder
would constitute a continuing and imminent threat to the public welfare.
Authorizes the license  or permit to be suspended under this section
without notice or hearing under certain circumstances.  Requires SOAH to
hold a preliminary hearing not later than the 14th day after the date of
the temporary suspension to determine if there is probable cause to believe
that a continuing and imminent threat to the public welfare still exists.
Requires a final hearing on the  matter to be held not later than the 61st
day after the date of the temporary suspension. 

SECTION 7.  Amends Chapter 402L, Occupations Code, by adding Section
402.553, as follows: 

Sec. 402.553.  CIVIL PENALTY.  Provides that a person who violates this
chapter or a rule or order adopted by the Texas Board of Health (board)
under this chapter is liable for a civil penalty not to exceed $1,000 a
day.  Requires the attorney general, at the request of the board or the
Texas Department of Health to bring action to recover a civil penalty
authorized under this section. 

SECTION 8.  Amends Chapter 451F, Occupations Code, by adding Section
451.255, as follows: 

Sec. 451.255.  EMERGENCY SUSPENSION.  Requires the Advisory Board of
Athletic Trainers (board) or a three-member committee of board members
designated by the board to temporarily suspend the license of a license
holder if the board or committee determines from evidence or information
presented to it that continued practice by the license holder would
constitute a continuing and imminent threat to the public welfare.
Authorizes the license to be suspended under this section without notice or
hearing under certain circumstances.  Requires SOAH to hold a preliminary
hearing not later than the 14th day after the date of the temporary
suspension to determine if there is probable cause to believe that a
continuing and imminent threat to the public welfare still exists.
Requires a final hearing on the matter to be held not later than the 61st
day after the date of the temporary suspension. 

SECTION 9.  Amends Chapter 455F, Occupations Code, by adding Section
455.254, as follows: 

Sec. 455.254.  EMERGENCY SUSPENSION.  Requires the Texas Board of Health
(board) or a three-member committee of board members designated by the
board to temporarily suspend the certificate of registration of a
certificate holder if the board or committee determines from evidence or
information presented to it that continued practice by the certificate
holder would constitute a continuing and imminent threat to the public
welfare. Authorizes the certificate of registration to be suspended under
this section without notice or hearing under certain circumstances.
Requires SOAH to hold a preliminary hearing not later than the 14th day
after the date of the temporary suspension to determine if there is
probable cause to believe that a continuing and imminent threat to the
public welfare still exists.  Requires a final hearing on the matter to be
held not later than the 61st day after the date of the temporary
suspension. 

SECTION 10.  Amends Chapter 502H, Occupations Code, by adding Section
502.356, as follows: 

Sec. 502.356.  EMERGENCY SUSPENSION.  Requires the Texas State Board of
Examiners of Marriage and Family Therapists (board) or a three-member
committee of board members designated by the board to temporarily suspend
the license of a license holder if the board or committee determines from
evidence or information presented to it that continued practice by the
license holder would constitute a continuing and imminent threat to the
public welfare.  Authorizes the license to be suspended under this section
without notice or hearing under certain circumstances.  Requires SOAH to
hold a preliminary hearing not later than the 14th day after the date of
the temporary suspension to determine if there is probable cause to believe
that a continuing and imminent threat to the public welfare still exists.
Requires a final hearing on the matter to be held not later than the 61st
day after the date of the temporary suspension. 

SECTION 11.  Amends Chapter 503, Occupations Code, by adding Subchapter K,
as follows: 

SUBCHAPTER K.  ADMINISTRATIVE PENALTY

 Sec. 503.501.  IMPOSITION OF ADMINISTRATIVE PENALTY.  Authorizes the Texas
State Board of Examiners of Professional Counselors (board) to impose an
administrative penalty on a person licensed under this chapter who violates
this chapter or a rule or order adopted under this chapter. 

Sec. 503.502.  AMOUNT OF ADMINISTRATIVE PENALTY.  Prohibits the amount of
the administrative penalty from being less than $50 or more than $500 for
each violation.  Provides that each day a violation continues or occurs is
a separate violation for the purpose of imposing a penalty.  Requires the
amount to be based on certain factors. 

Sec. 503.503.  REPORT AND NOTICE OF VIOLATION AND PENALTY.  Authorizes the
commissioner of public health (commissioner), on determination that a
violation has occurred, to issue a report to the board stating certain
information.  Requires the commissioner, within 14 days after the date the
report is issued, to give written notice of the report to the person.
Provides that the notice must include certain information. 

Sec. 503.504.  PENALTY TO BE PAID OR HEARING REQUESTED.  Authorizes the
person, within 10 days after the person receives the notice, to take
certain actions.  Requires the board by order, if the person accepts the
determination and recommended penalty of the commissioner, to approve the
determination and impose the recommended penalty. 

Sec. 503.505.  HEARING.  Requires the commissioner, if the person requests
a hearing or fails to respond in a timely manner to the notice, to set a
hearing and give written notice of the hearing to the person.  Requires an
administrative law judge of SOAH to hold the hearing. Requires the
administrative law judge to make findings of fact and conclusions of law
and promptly issue to the board a proposal for a decision about the
occurrence of the violation and the amount of a proposed administrative
penalty. 

Sec. 503.506.  DECISION BY BOARD.  Authorizes the board by order, based on
the findings of fact, conclusions of law, and proposal for decision, to
determine that a violation occurred and impose an administrative penalty or
that a violation did not occur.  Requires the notice of the board's order
given to the person to include a statement of the right of the person to
judicial review of the order. 

Sec. 503.507.  OPTIONS FOLLOWING DECISION: PAY OR APPEAL.  Requires the
person, within 30 days after the date the board's order becomes final, to
take certain actions. Authorizes a person who files a petition for judicial
review, within this 30-day period, to take certain actions.  Authorizes the
commissioner, if the commissioner receives a copy of a certain affidavit
under this section, to file a contest to the affidavit with the court
within five days after the date the copy is received.  Requires the court
to hold a hearing on the facts alleged in the affidavit as soon as
practicable and to stay the enforcement of the penalty on finding that the
alleged facts are true.  Provides that the person who files the affidavit
has the burden of proving that the person is financially unable to pay the
penalty and to give  a supersedeas bond. 

Sec. 503.508.  COLLECTION OF PENALTY.  Authorizes the administrative
penalty to be collected if the person does not pay the penalty and the
enforcement of the penalty is not stayed.  Authorizes the attorney general
to sue to collect the penalty. 

Sec. 503.509.  DETERMINATION BY COURT.  Authorizes the court, if the court
sustains the determination that a violation occurred, to uphold or reduce
the amount of the administrative penalty and order the person to pay the
full or reduced amount of the penalty.  Requires the court, if the court
does not sustain the finding that a violation occurred, to order that the
penalty is not owed. 

Sec. 503.510.  REMITTANCE OF PENALTY AND INTEREST.  Requires the court, if
the  person paid the administrative penalty and if the amount of the
penalty is reduced or the penalty is not upheld by the court, to order,
when the court's judgment becomes final, that the appropriate amount plus
accrued interest be remitted to the person.  Sets forth the rate at which
interest accrues.  Requires the interest to be paid for a certain period.
Requires the court, if the person gave a supersedeas bond and the penalty
is not upheld in court, to order, when the court's judgment becomes final,
the release of the bond.  Requires the court, if the person gave a
supersedeas bond and the amount of the penalty is reduced, to order the
release of the bond after the person pays the reduced amount. 

Sec. 503.511.  ADMINISTRATIVE PROCEDURE.  Provides that a proceeding under
this section is a contested case under Chapter 2001, Government Code. 

SECTION 12.  Amends Chapter 505J, Occupations Code, by adding Section
505.507, as follows: 

Sec. 505.507.  CRIMINAL PENALTY.  Provides that a person required to hold a
license under this chapter commits an offense if the person knowingly acts
as a social worker without holding a license issued under this chapter.
Provides that an offense under this section is a Class B misdemeanor. 

SECTION 13.  Amends Chapter 601G, Occupations Code, by adding Section
601.306, as follows: 

Sec. 601.306.  EMERGENCY SUSPENSION.  Requires the Texas Board of Health
(board) or a three-member committee of board members designated by the
board to temporarily suspend the certificate of a certificate holder if the
board or committee determines from evidence or information presented to it
that continued practice by the certificate holder would constitute a
continuing and imminent threat to the public welfare.  Authorizes the
certificate to be suspended under this section without notice or hearing
under certain circumstances. Requires SOAH to hold a preliminary hearing
not later than the 14th day after the date of the temporary suspension to
determine if there is probable cause to believe that a continuing and
imminent threat to the public welfare still exists.  Requires a final
hearing on the matter to be held not later than the 61st day after the date
of the temporary suspension. 

SECTION 14.  Amends Chapter 602F, Occupations Code, by adding Section
602.254, as follows: 

Sec. 602.254.  EMERGENCY SUSPENSION.  Requires the Texas Board of Licensure
for Professional Medical Physicists in the Texas Department of Health
(board) or a three-member committee of board members designated by the
board to temporarily suspend the license of a license holder if the board
or committee determines from evidence or information presented to it that
continued practice by the license holder would constitute a continuing and
imminent threat to the public welfare.  Authorizes the license to be
suspended under this section without notice or hearing under certain
circumstances.  Requires SOAH to hold a preliminary hearing not later than
the 14th day after the date of the temporary suspension to determine if
there is probable cause to believe that a continuing and imminent threat to
the public welfare still exists.  Requires a final hearing on the matter to
be held not later than the 61st day after the date of the temporary
suspension. 

SECTION 15.  Amends Chapter 602G, Occupations Code, by adding Section
602.3015, as follows: 

Sec. 602.3015.  CIVIL PENALTY.  Provides that a person who violates this
chapter or a rule or order adopted by the Texas Board of Licensure for
Professional Medical Physicists in the Texas Department of Health (board)
under this chapter is liable for a civil penalty not to exceed $1,000 a
day.  Requires the attorney general, at the request of the board or the
Texas Department of Health, to bring an action to recover a civil penalty
authorized under this section. 

SECTION 16.  Amends Section 602.302, Occupations Code, to provide that a
person commits an  offense if the person commits certain actions.
Increases the classification of an offense under this section from a Class
B to a Class A misdemeanor. 

SECTION 17.  Amends Chapter 603I, Occupations Code, by adding Section
603.408, as follows: 

Sec. 603.408.  EMERGENCY SUSPENSION.  Requires the Texas Board of Examiners
of Perfusionists (board) or a three-member committee of board members
designated by the board to temporarily suspend the license of a license
holder if the board or committee determines from evidence or information
presented to it that continued practice by the license holder would
constitute a continuing and imminent threat to the public welfare.
Authorizes the license to be suspended under this section without notice or
hearing under certain circumstances.  Requires SOAH to hold a preliminary
hearing not later than the 14th day after the date of the temporary
suspension to determine if there is probable cause to believe that a
continuing and imminent threat to the public welfare still exists.
Requires a final hearing on the matter to be held not later than the 61st
day after the date of the temporary suspension. 

SECTION 18.  Amends Chapter 603J, Occupations Code, by adding Section
603.4515, as follows: 

Sec. 603.4515.  CIVIL PENALTY.  Provides that a person who violates this
chapter or a rule or order adopted by the Texas Board of Examiners of
Perfusionists (board) under this chapter is liable for a civil penalty not
to exceed $1,000 a day.  Requires the attorney general, at the request of
the board or the Texas Department of Health, to bring an action to recover
a civil penalty authorized under this section. 

SECTION 19.  Amends Chapter 603, Occupations Code, by adding Subchapter K,
as follows: 

SUBCHAPTER K.  ADMINISTRATIVE PENALTY

Sec. 603.501.  IMPOSITION OF ADMINISTRATIVE PENALTY.  Authorizes the Texas
State Board of Examiners of Perfusionists (board) to impose an
administrative penalty on a person licensed under this chapter who violates
this chapter or a rule or order adopted under this chapter. 

Sec. 603.502.  AMOUNT OF ADMINISTRATIVE PENALTY.  Prohibits the amount of
the administrative penalty from being less than $50 or more than $500 for
each violation.  Provides that each day a violation continues or occurs is
a separate violation for the purpose of imposing a penalty.  Requires the
amount to be based on certain factors. 

Sec. 603.503.  REPORT AND NOTICE OF VIOLATION AND PENALTY.  Authorizes the
commissioner of public health (commissioner), on determination that a
violation has occurred, to issue a report to the board stating certain
information.  Requires the commissioner, within 14 days after the date the
report is issued, to give written notice of the report to the person.
Provides that the notice must include certain information. 

Sec. 603.504.  PENALTY TO BE PAID OR HEARING REQUESTED.  Authorizes the
person, within 10 days after the person receives the notice, to take
certain actions.  Requires the board by order, if the person accepts the
determination and recommended penalty of the commissioner, to approve the
determination and impose the recommended penalty. 

Sec. 603.505.  HEARING.  Requires the commissioner, if the person requests
a hearing or fails to respond in a timely manner to the notice, to set a
hearing and give written notice of the hearing to the person.  Requires an
administrative law judge of SOAH to hold the hearing. Requires the
administrative law judge to make findings of fact and conclusions of law
and promptly issue to the board a proposal for a decision about the
occurrence of the violation and the amount of a proposed administrative
penalty. 
 
Sec. 603.506.  DECISION BY BOARD.  Authorizes the board by order, based on
the findings of fact, conclusions of law, and proposal for decision, to
determine that a violation occurred and impose an administrative penalty or
that a violation did not occur.  Requires the notice of the board's order
given to the person to include a statement of the right of the person to
judicial review of the order. 

Sec. 603.507.  OPTIONS FOLLOWING DECISION: PAY OR APPEAL.  Requires the
person, within 30 days after the date the board's order becomes final, to
take certain actions. Authorizes a person who files a petition for judicial
review, within this 30-day period, to take certain actions.  Authorizes the
commissioner, if the commissioner receives a copy of a certain affidavit
under this section, to file a contest to the affidavit with the court
within five days after the date the copy is received.  Requires the court
to hold a hearing on the facts alleged in the affidavit as soon as
practicable and to stay the enforcement of the penalty on finding that the
alleged facts are true.  Provides that the person who files the affidavit
has the burden of proving that the person is financially unable to pay the
penalty and to give  a supersedeas bond. 

Sec. 603.508.  COLLECTION OF PENALTY.  Authorizes the administrative
penalty to be collected if the person does not pay the penalty and the
enforcement of the penalty is not stayed.  Authorizes the attorney general
to sue to collect the penalty. 

Sec. 603.509.  DETERMINATION BY COURT.  Authorizes the court, if the court
sustains the determination that a violation occurred, to uphold or reduce
the amount of the administrative penalty and order the person to pay the
full or reduced amount of the penalty.  Requires the court, if the court
does not sustain the finding that a violation occurred, to order that the
penalty is not owed. 

Sec. 603.510.  REMITTANCE OF PENALTY AND INTEREST.  Requires the court, if
the person paid the administrative penalty and if the amount of the penalty
is reduced or the penalty is not upheld by the court, to order, when the
court's judgment becomes final, that the appropriate amount plus accrued
interest be remitted to the person.  Sets forth the rate at which interest
accrues.  Requires the interest to be paid for a certain period.  Requires
the court, if the person gave a supersedeas bond and the penalty is not
upheld in court, to order, when the court's judgment becomes final, the
release of the bond.  Requires the court, if the person gave a supersedeas
bond and the amount of the penalty is reduced, to order the release of the
bond after the person pays the reduced amount. 

Sec. 603.511.  ADMINISTRATIVE PROCEDURE.  Provides that a proceeding under
this section is a contested case under Chapter 2001, Government Code. 

SECTION 20.  Amends Chapter 605H, Occupations Code, by adding Section
605.3535, as follows: 

Sec. 605.3535.  EMERGENCY SUSPENSION.  Requires the Texas Board of
Orthotics and Prosthetics (board) or a three-member committee of board
members designated by the board to temporarily suspend the license of a
license holder if the board or committee determines from evidence or
information presented to it that continued practice by the license holder
would constitute a continuing and imminent threat to the public welfare.
Authorizes the license to be suspended under this section without notice or
hearing under certain circumstances.  Requires SOAH to hold a preliminary
hearing not later than the 14th day after the date of the temporary
suspension to determine if there is probable cause to believe that a
continuing and imminent threat to the public welfare still exists.
Requires a final hearing on the matter to be held not later than the 61st
day after the date of the temporary suspension. 

SECTION 21.  Amends Chapter 605H, Occupations Code, by adding Section
605.356, as follows: 

Sec. 605.356.  CRIMINAL PENALTY.  Provides that a person required to hold a
license  under this chapter commits an offense if the person knowingly
practices, attempts to practice, or offers to practice orthotics or
prosthetics without holding a license issued under this chapter. Provides
that an offense under this section is a Class B misdemeanor. 

SECTION 22.  Amends Chapter 605, Occupations Code, by adding Subchapter I,
as follows: 

SUBCHAPTER I.  ADMINISTRATIVE PENALTY

Sec. 605.401.  IMPOSITION OF ADMINISTRATIVE PENALTY.  Authorizes the Texas
State Board of Orthotics and Prosthetics (board) to impose an
administrative penalty on a person licensed under this chapter who violates
this chapter or a rule or order adopted under this chapter. 

Sec. 605.402.  AMOUNT OF ADMINISTRATIVE PENALTY.  Prohibits the amount of
the administrative penalty from being less than $50 or more than $500 for
each violation.  Provides that each day a violation continues or occurs is
a separate violation for the purpose of imposing a penalty.  Requires the
amount to be based on certain factors. 

Sec. 605.403.  REPORT AND NOTICE OF VIOLATION AND PENALTY.  Authorizes the
executive director, on determination that a violation has occurred, to
issue a report to the board stating certain information.  Requires the
executive director, within 14 days after the date the report is issued, to
give written notice of the report to the person.  Provides that the notice
must include certain information. 

Sec. 605.404.  PENALTY TO BE PAID OR HEARING REQUESTED.  Authorizes the
person, within 10 days after the person receives the notice, to take
certain actions.  Requires the board by order, if the person accepts the
determination and recommended penalty of the executive director, to approve
the determination and impose the recommended penalty. 

Sec. 605.405.  HEARING.  Requires the executive director, if the person
requests a hearing or fails to respond in a timely manner to the notice, to
set a hearing and give written notice of the hearing to the person.
Requires an administrative law judge of SOAH to hold the hearing. Requires
the administrative law judge to make findings of fact and conclusions of
law and promptly issue to the board a proposal for a decision about the
occurrence of the violation and the amount of a proposed administrative
penalty. 

Sec. 605.406.  DECISION BY BOARD.  Authorizes the board by order, based on
the findings of fact, conclusions of law, and proposal for decision, to
determine that a violation occurred and impose an administrative penalty or
that a violation did not occur.  Requires the notice of the board's order
given to the person to include a statement of the right of the person to
judicial review of the order. 

Sec. 605.407.  OPTIONS FOLLOWING DECISION: PAY OR APPEAL.  Requires the
person, within 30 days after the date the board's order becomes final, to
take certain actions. Authorizes a person who files a petition for judicial
review, within this 30-day period, to take certain actions.  Authorizes the
executive director, if the executive director receives a copy of a certain
affidavit under this section, to file a contest to the affidavit with the
court within five days after the date the copy is received.  Requires the
court to hold a hearing on the facts alleged in the affidavit as soon as
practicable and to stay the enforcement of the penalty on finding that the
alleged facts are true.  Provides that the person who files the affidavit
has the burden of proving that the person is financially unable to pay the
penalty and to give  a supersedeas bond. 

Sec. 605.408.  COLLECTION OF PENALTY.  Authorizes the administrative
penalty to be collected if the person does not pay the penalty and the
enforcement of the penalty is not stayed.  Authorizes the attorney general
to sue to collect the penalty. 
 
Sec. 605.409.  DETERMINATION BY COURT.  Authorizes the court, if the court
sustains the determination that a violation occurred, to uphold or reduce
the amount of the administrative penalty and order the person to pay the
full or reduced amount of the penalty.  Requires the court, if the court
does not sustain the finding that a violation occurred, to order that the
penalty is not owed. 

Sec. 605.410.  REMITTANCE OF PENALTY AND INTEREST.  Requires the court, if
the person paid the administrative penalty and if the amount of the penalty
is reduced or the penalty is not upheld by the court, to order, when the
court's judgment becomes final, that the appropriate amount plus accrued
interest be remitted to the person.  Sets forth the rate at which interest
accrues.  Requires the interest to be paid for a certain period.  Requires
the court, if the person gave a supersedeas bond and the penalty is not
upheld in court, to order, when the court's judgment becomes final, the
release of the bond.  Requires the court, if the person gave a supersedeas
bond and the amount of the penalty is reduced, to order the release of the
bond after the person pays the reduced amount. 

Sec. 605.411.  ADMINISTRATIVE PROCEDURE.  Provides that a proceeding under
this section is a contested case under Chapter 2001, Government Code. 

SECTION 23.  Amends Chapter 701I, Occupations Code, by adding Section
701.408, as follows: 

Sec. 701.408.  EMERGENCY SUSPENSION.  Requires the Texas State Board of
Examiners of Dietitians (board) or a three-member committee of board
members designated by the board to temporarily suspend the license of a
license holder if the board or committee determines from evidence or
information presented to it that continued practice by the license holder
would constitute a continuing and imminent threat to the public welfare.
Authorizes the license to be suspended under this section without notice or
hearing under certain circumstances.  Requires SOAH to hold a preliminary
hearing not later than the 14th day after the date of the temporary
suspension to determine if there is probable cause to believe that a
continuing and imminent threat to the public welfare still exists.
Requires a final hearing on the matter to be held not later than the 61st
day after the date of the temporary suspension. 

SECTION 24.  Amends Chapter 701, Occupations Code, by adding Subchapter K,
as follows: 

SUBCHAPTER K.  ADMINISTRATIVE PENALTY

Sec. 701.501.  IMPOSITION OF ADMINISTRATIVE PENALTY.  Authorizes the Texas
State Board of Examiners of Dietitians (board) to impose an administrative
penalty on a person licensed under this chapter who violates this chapter
or a rule or order adopted under this chapter. 

Sec. 701.502.  AMOUNT OF ADMINISTRATIVE PENALTY.  Prohibits the amount of
the administrative penalty from being less than $50 or more than $500 for
each violation.  Provides that each day a violation continues or occurs is
a separate violation for the purpose of imposing a penalty.  Requires the
amount to be based on certain factors. 

Sec. 701.503.  REPORT AND NOTICE OF VIOLATION AND PENALTY.  Authorizes the
commissioner of public health (commissioner), on determination that a
violation has occurred, to issue a report to the board stating certain
information.  Requires the commissioner, within 14 days after the date the
report is issued, to give written notice of the report to the person.
Provides that the notice must include certain information. 

Sec. 701.504.  PENALTY TO BE PAID OR HEARING REQUESTED.  Authorizes the
person, within 10 days after the person receives the notice, to take
certain actions.  Requires the board by order, if the person accepts the
determination and recommended penalty of the  commissioner, to approve the
determination and impose the recommended penalty. 

Sec. 701.505.  HEARING.  Requires the commissioner, if the person requests
a hearing or fails to respond in a timely manner to the notice, to set a
hearing and give written notice of the hearing to the person.  Requires an
administrative law judge of SOAH to hold the hearing. Requires the
administrative law judge to make findings of fact and conclusions of law
and promptly issue to the board a proposal for a decision about the
occurrence of the violation and the amount of a proposed administrative
penalty. 

Sec. 701.506.  DECISION BY BOARD.  Authorizes the board by order, based on
the findings of fact, conclusions of law, and proposal for decision, to
determine that a violation occurred and impose an administrative penalty or
that a violation did not occur.  Requires the notice of the board's order
given to the person to include a statement of the right of the person to
judicial review of the order. 

Sec. 701.507.  OPTIONS FOLLOWING DECISION: PAY OR APPEAL.  Requires the
person, within 30 days after the date the board's order becomes final, to
take certain actions. Authorizes a person who files a petition for judicial
review, within this 30-day period, to take certain actions.  Authorizes the
commissioner, if the commissioner receives a copy of a certain affidavit
under this section, to file a contest to the affidavit with the court
within five days after the date the copy is received.  Requires the court
to hold a hearing on the facts alleged in the affidavit as soon as
practicable and to stay the enforcement of the penalty on finding that the
alleged facts are true.  Provides that the person who files the affidavit
has the burden of proving that the person is financially unable to pay the
penalty and to give  a supersedeas bond. 

Sec. 701.508.  COLLECTION OF PENALTY.  Authorizes the administrative
penalty to be collected if the person does not pay the penalty and the
enforcement of the penalty is not stayed.  Authorizes the attorney general
to sue to collect the penalty. 

Sec. 701.509.  DETERMINATION BY COURT.  Authorizes the court, if the court
sustains the determination that a violation occurred, to uphold or reduce
the amount of the administrative penalty and order the person to pay the
full or reduced amount of the penalty.  Requires the court, if the court
does not sustain the finding that a violation occurred, to order that the
penalty is not owed. 

Sec. 701.510.  REMITTANCE OF PENALTY AND INTEREST.  Requires the court, if
the person paid the administrative penalty and if the amount of the penalty
is reduced or the penalty is not upheld by the court, to order, when the
court's judgment becomes final, that the appropriate amount plus accrued
interest be remitted to the person.  Sets forth the rate at which interest
accrues.  Requires the interest to be paid for a certain period.  Requires
the court, if the person gave a supersedeas bond and the penalty is not
upheld in court, to order, when the court's judgment becomes final, the
release of the bond.  Requires the court, if the person gave a supersedeas
bond and the amount of the penalty is reduced, to order the release of the
bond after the person pays the reduced amount. 

Sec. 701.511.  ADMINISTRATIVE PROCEDURE.  Provides that a proceeding under
this section is a contested case under Chapter 2001, Government Code. 

SECTION 25.  Amends Chapter 462, Acts of the 68th Legislature, Regular
Session, 1983 (Article 4413(51), V.T.C.S.) by adding Sections 13D and 13E,
as follows: 

Sec. 13D.  EMERGENCY SUSPENSION.  Requires the Council on Sex Offender
Treatment (council) or a three-member committee of council members
designated by the council to temporarily suspend the registration of a
registration holder if the council or committee determines from evidence or
information presented to it that continued practice by the  registration
holder would constitute a continuing and imminent threat to the public
welfare. Authorizes the registration to be suspended under this section
without notice or hearing under certain circumstances.  Requires SOAH to
hold a preliminary hearing not later than the 14th day after the date of
the temporary suspension to determine if there is probable cause to believe
that a continuing and imminent threat to the public welfare still exists.
Requires a final hearing on the matter to be held not later than the 61st
day after the date of the temporary suspension. 

Sec. 13E.  ADMINISTRATIVE PENALTY.  (a) Authorizes the council to impose an
administrative penalty on a person licensed under this Act who violates
this Act or a rule or order adopted under this Act. 

(b)  Prohibits the amount of the administrative penalty from being less
than $50 or more than $500 for each violation.  Provides that each day a
violation continues or occurs is a separate violation for the purpose of
imposing a penalty.  Requires the amount to be based on certain factors. 

(c)  Authorizes the executive director, on determination that a violation
has occurred, to issue a report to the council stating certain information.

(d) Requires the executive director, within 14 days after the date the
report is issued, to give written notice of the report to the person.
Provides that the notice must include certain information. 

(e)  Authorizes the person, within 10 days after the person receives the
notice, to take certain actions.   

(f)  Requires the council by order, if the person accepts the determination
and recommended penalty of the executive director, to approve the
determination and impose the recommended penalty. 

(g)  Requires the executive director, if the person requests a hearing or
fails to respond in a timely manner to the notice, to set a hearing and
give written notice of the hearing to the person.  

 (h)  Requires an administrative law judge of SOAH to hold the hearing.  

(i)  Requires the administrative law judge to make findings of fact and
conclusions of law and promptly issue to the board a proposal for a
decision about the occurrence of the violation and the amount of a proposed
administrative penalty. 

(j)  Authorizes the council by order, based on the findings of fact,
conclusions of law, and proposal for decision, to determine that a
violation occurred and impose an administrative penalty or that a violation
did not occur.   

(k)  Requires the notice of the council's order given to the person to
include a statement of the right of the person to judicial review of the
order. 

(l)  Requires the person, within 30 days after the date the board's order
becomes final, to take certain actions.   

(m)  Authorizes a person who files a petition for judicial review, within
this 30-day period, to take certain actions.   

(n)  Authorizes the executive director, if the executive director receives
a copy of a certain affidavit under this section, to file a contest to the
affidavit with the court within five days after  the date the copy is
received.   

(o)  Requires the court to hold a hearing on the facts alleged in the
affidavit as soon as practicable and to stay the enforcement of the penalty
on finding that the alleged facts are true. Provides that the person who
files the affidavit has the burden of proving that the person is
financially unable to pay the penalty and to give  a supersedeas bond. 

(p)  Authorizes the administrative penalty to be collected if the person
does not pay the penalty and the enforcement of the penalty is not stayed.
Authorizes the attorney general to sue to collect the penalty. 

(q)  Authorizes the court, if the court sustains the determination that a
violation occurred, to uphold or reduce the amount of the administrative
penalty and order the person to pay the full or reduced amount of the
penalty.  Requires the court, if the court does not sustain the finding
that a violation occurred, to order that the penalty is not owed. 

(r)  Requires the court, if the person paid the administrative penalty and
if the amount of the penalty is reduced or the penalty is not upheld by the
court, to order, when the court's judgment becomes final, that the
appropriate amount plus accrued interest be remitted to the person.  Sets
forth the rate at which interest accrues.  Requires the interest to be paid
for a certain period.   

(s)  Requires the court, if the person gave a supersedeas bond and the
penalty is not upheld in court, to order, when the court's judgment becomes
final, the release of the bond.  Requires the court, if the person gave a
supersedeas bond and the amount of the penalty is reduced, to order the
release of the bond after the person pays the reduced amount. 

(t)  Provides that a proceeding under this section is a contested case
under Chapter 2001, Government Code. 

SECTION 26. (a)  Effective date:  September 1, 2001.
(b)  Makes application of this Act prospective relating to Section 602.302,
Occupations Code. 
(c)  Makes application of this Act prospective relating to imposition of an
administrative or civil penalty.