By McCall                                              H.B. No. 905
         77R1773 SMH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the establishment of an electronic system for
 1-3     occupational licensing transactions.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Chapter 2054, Government Code, is amended by
 1-6     adding Subchapter I to read as follows:
 1-7         SUBCHAPTER I.  ELECTRONIC SYSTEM FOR OCCUPATIONAL LICENSING
 1-8                                TRANSACTIONS
 1-9           Sec. 2054.251.  DEFINITIONS.  In this subchapter:
1-10                 (1)  "Licensing authority" means a department,
1-11     commission, board, office, or other agency of the state or a
1-12     political subdivision of the state that issues an occupational
1-13     license.
1-14                 (2)  "Occupational license" means a license,
1-15     certificate, registration, or other form of authorization that a
1-16     person must obtain to practice or engage in a particular business,
1-17     occupation, or profession.
1-18           Sec. 2054.252.  APPLICABILITY.  (a)  The following licensing
1-19     authorities shall participate in the system established under
1-20     Section 2054.253:
1-21                 (1)  State Board of Barber Examiners;
1-22                 (2)  Texas Board of Chiropractic Examiners;
1-23                 (3)  Texas Cosmetology Commission;
1-24                 (4)  Court Reporters Certification Board;
 2-1                 (5)  State Board of Dental Examiners;
 2-2                 (6)  Texas Funeral Service Commission;
 2-3                 (7)  Texas Board of Professional Land Surveying;
 2-4                 (8)  Texas State Board of Medical Examiners;
 2-5                 (9)  Board of Nurse Examiners;
 2-6                 (10)  Board of Vocational Nurse Examiners;
 2-7                 (11)  Texas Optometry Board;
 2-8                 (12)  Texas Structural Pest Control Board;
 2-9                 (13)  Texas State Board of Pharmacy;
2-10                 (14)  Executive Council of Physical Therapy and
2-11     Occupational Therapy Examiners;
2-12                 (15)  Texas State Board of Plumbing Examiners;
2-13                 (16)  Texas State Board of Podiatric Medical Examiners;
2-14                 (17)  Board of Tax Professional Examiners;
2-15                 (18)  Polygraph Examiners Board;
2-16                 (19)  Texas State Board of Examiners of Psychologists;
2-17                 (20)  State Board of Veterinary Medical Examiners;
2-18                 (21)  Texas Real Estate Commission; and
2-19                 (22)  Texas Appraiser Licensing and Certification
2-20     Board.
2-21           (b)  A licensing authority other than an authority listed by
2-22     Subsection (a) may participate in the system established under
2-23     Section 2054.253, subject to the approval of the department.
2-24           Sec. 2054.253.  ELECTRONIC SYSTEM FOR OCCUPATIONAL LICENSING
2-25     TRANSACTIONS.  (a)  The department shall administer a common
2-26     electronic system using the Internet through which a licensing
2-27     authority can electronically:
 3-1                 (1)  send occupational licenses and other documents to
 3-2     persons regulated by the authority and to the public;
 3-3                 (2)  receive applications for occupational licenses and
 3-4     other documents for filing from persons regulated by the authority
 3-5     and from the public, including documents that can be electronically
 3-6     signed if necessary; and
 3-7                 (3)  receive required payments from persons regulated
 3-8     by the authority and from the public.
 3-9           (b)  The department may implement this section in phases.
3-10     Each licensing authority that participates in the system
3-11     established under this section shall comply with the schedule
3-12     established by the department.
3-13           (c)  The department may use any Internet portal established
3-14     under a demonstration project administered by the department.
3-15           (d)  The department may contract with a private vendor to
3-16     implement this section.
3-17           (e)  The department shall charge fees in amounts sufficient
3-18     to cover the cost of implementing this section.  The department may
3-19     charge:
3-20                 (1)  a transaction fee for each transaction performed
3-21     on the system; and
3-22                 (2)  a subscription fee to be paid by each licensing
3-23     authority that participates in the system.
3-24           Sec. 2054.254.  STEERING COMMITTEE. (a)  The steering
3-25     committee for electronic occupational licensing transactions
3-26     consists of a representative of each of the following, appointed by
3-27     its governing body:
 4-1                 (1)  each licensing authority listed by Section
 4-2     2054.252(a); and
 4-3                 (2)  the department.
 4-4           (b)  The governing body of a licensing authority described by
 4-5     Section 2054.252(b) may appoint a representative to the committee.
 4-6           (c)  A member of the committee serves at the will of the
 4-7     authority that appointed the member.
 4-8           (d)  The representative of the department is the presiding
 4-9     officer of the committee.  The committee shall meet as prescribed
4-10     by committee procedures or at the call of the presiding officer.
4-11           (e)  The committee shall advise the department regarding the
4-12     department's implementation of Section 2054.253.
4-13           (f)  Chapter 2110 does not apply to the size, composition, or
4-14     duration of the committee.  Any reimbursement of the expenses of a
4-15     member of the committee may be paid only from funds available to
4-16     the governmental entity the member represents.
4-17           SECTION 2.  (a)  Not later than January 1, 2002, each
4-18     licensing authority listed by Section 2054.252(a), Government Code,
4-19     as added by this Act, and the Department of Information Resources
4-20     shall appoint the members of the steering committee for electronic
4-21     occupational licensing transactions.
4-22           (b)  Not later than April 1, 2002, the Department of
4-23     Information Resources shall adopt a schedule for implementing
4-24     Section 2054.253, Government Code, as added by this Act.  The
4-25     schedule shall permit the initial group of licensing authorities to
4-26     perform the functions described by Section 2054.253(a), Government
4-27     Code, as added by this Act, not later than September 1, 2002.
 5-1           (c)  Not later than January 1, 2003, the Department of
 5-2     Information Resources shall report to the presiding officer of each
 5-3     house of the legislature and to the presiding officers of the
 5-4     committees of each house of the legislature that have primary
 5-5     oversight jurisdiction over the department or over a licensing
 5-6     authority listed by Section 2054.252(a), Government Code, as added
 5-7     by this Act, on the department's progress in implementing Section
 5-8     2054.253, Government Code, as added by this Act.
 5-9           SECTION 3.  This Act takes effect September 1, 2001.