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.