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.